Since the global financial crisis in 2008, corporations have faced a crisis of trust, with growing sentiment against ‘elites and ‘big business’ and a feeling that ‘something ought to be done’ to re-establish public regard for corporations. Trust and trustworthiness are deeply moral significant. They provide the ‘glue or lubricant’ that begets reciprocity, decreases risk, secures dignity and respect, and safeguards against the subordination of the powerless to the powerful. However, in deciding how to restore trust, it is difficult to (...) determine precisely what should be done, by whom, and who will bear the cost, especially if any action involves a risk to overall market efficiency and corporate profitability. The paper explores whether corporations have a moral duty to be trustworthy, to bear the cost of being so and thus contribute to resolving the current crisis of trust. It also considers where the state and other social actors have strong reason to protect and enforce such moral rights, while acknowledging that other actors have similar obligations to be trustworthy. It outlines five ‘salient factors’ that trigger specific rights to trustworthiness and a concomitant duty on corporations to be trustworthy: market power, subordination (threat and intimidation), the absence of choice, the need to preserve systemic trust, and corporate political power which might undermine a state’s legitimacy. Absent these factors and corporations do not have a general duty to be trustworthy, since a responsible actor in fair market conditions should be able to choose between the costs and benefits of dealing with generally trustworthy corporations. (shrink)

At a time when nationalism is rising and support for democratic values is declining, this paper considers the role that businesses and corporations play in building and undermining social trust. It was published as part of the Future of the Corporation programme led by the British Academy.

In Tulving’s initial characterization, episodic memory was one of multiple memory systems. It was postulated, in pursuit of explanatory depth, as displaying proprietary operations, representations, and substrates such as to explain a range of cognitive, behavioural, and experiential phenomena. Yet the subsequent development of this research program has, paradoxically, introduced surprising doubts about the nature, and indeed existence, of episodic memory. On dominant versions of the ‘common system’ view, on which a single simulation system underlies both remembering and imagining, there (...) are no processes unique to memory to support robust generalizations with inductive potential. Eliminativism about episodic memory seems to follow from the claim that it has no dedicated neurocognitive system of its own. After identifying this under-noticed threat, we push back against modern eliminativists by surveying recent evidence that still indicates specialized mechanisms, computations, and representations that are distinctly mnemic in character. We argue that contemporary realists about episodic memory can retain lessons of the common system approach while resisting the further move to eliminativism. (shrink)

The Galilean explanatory style is characterized by the search for the underlying structure of phenomena, the positing of "deep" explanatory principles, and a view of the relation between theory and data, on which the search for "crucial data" is of primary importance. In this paper, I trace the dynamics of adopting the Galilean style, focusing on the science of episodic memory. I argue that memory systems, such as episodic and semantic memory, were posited as underlying competences producing the observable phenomena (...) of memory. Considered in idealized isolation from other systems, episodic memory was taken to underlay the ability of individuals to remember events from their personal past. Yet, in reality, memory systems regularly interact, standing in many-to-many relations to actual memory tasks and experiences. Upon this backdrop, I explore a puzzle about the increasing prominence of the notion of autonoetic consciousness in Tulving's theory of episodic memory. I argue that, contrary to widespread belief, the prominence is not best explained by the purported essential link between autonoetic consciousness and episodic memory. Rather, it is explained by the fact that autonoetic consciousness, hypothesized to uniquely accompany episodic retrieval, was considered a source of crucial data, predictable only from theories positing a functionally distinct episodic memory system. However, with the emergence of a new generation of theories, positing wider memory systems for remembering and imagination, the question of the relation between episodic memory and autonoetic consciousness has been reopened. This creates a pressing need for de-idealization, triggering a new search for crucial data. (shrink)

In this paper, I argue that causal theories of memory are typically committed to two independent, non-mutually entailing theses. The first thesis pertains to the necessity of appropriate causation in memory, specifying a condition token memories need to satisfy. The second pertains to the explanation of memory reliability in causal terms and it concerns memory as a type of mental state. Post-causal theories of memory can reject only the first (weak post-causalism) or both (strong post-causalism) theses. Upon this backdrop, I (...) examine Werning’s (2020) causalist argument from probabilistic correlation. I argue that it doesn’t establish the necessity of appropriate causation and thus it can only target strong post-causalist theories. I end up by presenting some general considerations, suggesting that memories may not always be causally linked to past experiences. (shrink)

This essay investigates the notion of simulation and the role it plays in Kourken Michaelian's simulation theory of memory. I argue that the notion is importantly ambiguous and that this ambiguity may threaten some of the central commitments of the theory. To illustrate that, I examine two different conceptions of simulation: a narrow one (simulation as replication) and a broad one (simulation as computational modeling), arguing that the preferred narrow conception is incompatible with the claim that remembering involves the simulation (...) of past episodes. Investigating possible solutions, I suggest that, despite some relatively serious consequences, the theory may be better off subscribing to the broad notion of simulation. (shrink)

In a recent paper, Cheng and Werning (2016) argue that the class of episodic memories constitutes a natural kind. Endorsing the homeostatic property cluster view of natural kinds, they suggest that episodic memories can be characterized by a cluster of properties unified by an underlying neural mechanism for coding sequences of events. Here, I argue that Cheng & Werning’s proposal faces some significant, and potentially insurmountable, difficulties. Two are described as most prominent. First, the proposal fails to satisfy an important (...) normative constraint on natural kind theorizing, not providing the requisite theoretical resources for arbitration between rival taxonomies of memory. Second, the proposal is in a direct tension with a foundational principle of the HPC view: the rejection of essentialism. This has far-reaching consequences, threatening to undermine the coherence of the proposal. (shrink)

Some moral theorists argue that being an innocent beneficiary of significant harms inflicted by others may be sufficient to ground special duties to address the hardships suffered by the victims, at least when it is impossible to extract compensation from those who perpetrated the harm. This idea has been applied to climate change in the form of the beneficiary-pays principle. Other philosophers, however, are quite sceptical about beneficiary pays. Our aim in this article is to examine their critiques. We conclude (...) that, while they have made important points, the principle remains worthy of further development and exploration. Our purpose in engaging with these critiques is constructive — we aim to formulate beneficiary pays in ways that would give it a plausible role in allocating the cost of addressing human-induced climate change, while acknowledging that some understandings of the principle would make it unsuitable for this purpose. (shrink)

Slavná kniha Elementární formy náboženského života francouzského sociologa Émile Durkheima je jedním z nejdůležitějších příspěvků k sociologii náboženství. Po řadu let byla vychvalována a citována, stejně jako kritizována a zavrhována. Kniha se stala chartou celé řady sociálně vědních badatelů, zejména těch, kteří se zaměřovali na studium společnosti a náboženství. V roce 1966 však vyšel článek amerického antropologa Clifforda Geertze nazvaný „Nábo- ženství jako kulturní systém", v němž autor tvrdil, že Durkheimova teorie náboženství, stejně jako teorie náboženství Sigmunda Freuda, Bronislawa Malinowského (...) a Maxe Webera, by měla být překonána dokonalejší teorií náboženství. Touto dokonalejší teorií měla být Geertzova teorie. Porozuměl však Geertz Durkheimově teorii dostatečně, aby nás to opravňovalo k tvrzení, že Durkheim byl na poli teorie náboženství překonán? (shrink)

In the text it will be attempted to prove the existence of a tradition of expressivism in the form of normative social functionalism as the common denominator for the position or positions taken by the later Wittgenstein and Wilfrid Sellars in regards to questions of objectivity and normativity of lingustic meaning, presented as answers to the problem of rule following. Sellars formulates the problem of rule following at approximately the same time as does Wittgenstein. Also, Sellars’ answer to this problem, (...) as does Wittgenstein’s will call upon meaning as determined by the practices of use of lingustic expressions. It is claimed that the tradition that clusters the authors culminates in inferential pragmatism of Robert Brandom. Apart from the above, the paper also discusses the differences between the positions of the said authors, the most prominent of which is manifested in the different consequences of their contrary metaphilosophical attitudes. (shrink)

Diskusní článek věnovaný knize Martin Paleček, Antropologové v pasti? Mezi přírodou a kulturou. Červený Kostelec: Pavel Mervart, 2017, 257 stran.

This article explores the transition experience of Croatia from 1990 to the present, with emphasis on social attitudes towards the free-market system and how the legacy of communism has influenced people’s expectations of and views towards the economy. The anthropological position of man as homo economicus is of central importance, if one is to properly understand the forces at work in a transition society like Croatia. This position also has far-ranging implications for ethics and morality, as well as for the (...) general culture. Assisted by the insights of Catholic social teaching, in particular Pope Benedict XVI’s Caritas in Veritate, the article concludes with possible lessons from the failure of communism and the challenges of transition. (shrink)

This essay will examine scholarly attempts at distilling a proto-ethical philosophy from the Daoist classic known as the Zhuangzi. In opposition to interpretations of the text which characterize it as amoralistic, I will identify elements of a natural normativity in the Zhuangzi. My examination features passages from the Zhuangzi – commonly known as the “knack” passages – which are often interpreted through some sort of linguistic, skeptical, or relativistic lens. Contra such readings, I believe the Zhuangzi prescribes an art of (...) living – or shù [術] – which incorporates a few motifs familiar to certain threads of philosophical naturalism. Building on existing scholarship which treats of the praxeology of the text, I argue that the naturalist themes present in the Zhuangzi support an unusual, but robust, view of moral expertise. (shrink)

Over the last eighty years, studies in play have carved out a small, but increasingly significant, niche within the social sciences and a rich repository has been built which underscores the importance of play to social, cultural, and psychological development. The general point running through these works is a philosophical recognition that play should not be separated from the trappings of everyday life, but instead should be seen as one of the more primordial aspects of human existence. Gadamer is one (...) philosopher frequently associated with interest in play. In his magnum opus, Truth and Method (1960), Gadamer insisted the significance of play to human understanding is not merely recreational, but rather it discloses the full context of any given situation by promoting a freedom of possibilities within the horizon of one’s own life-world (i.e. the world directly and immediately experienced). As such, his philosophical analysis of play was essential to his overall project of philosophical hermeneutics as it can explain how meaning is not derived from something essential within a text, but rather considered from a full range of possibilities. There are good reasons to expand on that understanding of play within philosophical studies and we suggest one way to do so is to compare Gadamer’s treatment of play with similar ideas from thinkers often associated with other philosophical schools. Although there are other candidates (e.g. Wittgenstein’s language games) for such an analysis, we limit our comparison here to the notion of transaction, as treated by the American pragmatist John Dewey in his volume Knowing and the Known (co-authored with Arthur Bentley in 1949). Because Dewey tied his conception of transaction to an overarching philosophy of inquiry, we believe comparing it to Gadamer’s use of play can highlight the deep philosophical import of this concept to the understanding of philosophical inquiry. (shrink)

Those who have considered the connection between Dewey’s theory of inquiry and Greek thought have mostly situated their remarks within larger points, regarding either teaching and learning (Garrison, 1997; Johnston, 2006b; Cahn, 2007) or aesthetics and craft (Alexander, 1987; Hickman, 1990). The fact that this area remains somewhat underexplored could be chalked up to several factors: 1) Dewey was often quite critical of the classical tradition, particularly when it came to theories of knowledge, 2) Dewey was not a trained classicist, (...) with little working knowledge of ancient Greek, and was self-admittedly not a historian of philosophy, and 3) whenever Dewey did turn positive attention toward ancient thought, he tended to speak in generalities, referring most often to “the Greeks” rather than any particular Greek thinker. In spite of this, there remain many compelling reasons to place Dewey’s views on inquiry in meaningful dialogue with the classical tradition. I will suggest that the most compelling of all is the link between Dewey’s view of inquiry and his particular brand of naturalism, which found its fullest expression late in his career. This is an underappreciated connection in Dewey’s work on inquiry, either taking a backseat to the instrumental, experimental themes in his thought or misinterpreted as a form of positivism/scientism. Once acknowledged, however, this connection could help bring Dewey’s normative, socio-political writings in line with his theories on ontology, logic, and the acquisition of knowledge. (shrink)

Deflationary views have emerged in many areas of philosophy over the past several decades. In the art world, one of the most significant deflationary approaches toward aesthetic experience has been taken by Noël Carroll in his collection of essays, Beyond Aesthetics (2001). The modus operandi of such an approach, according to Carroll, is to emphasize the context (historical, cultural, political, etc.) in which an art experience is embedded and explain its significance relative to a particular narrative. Interestingly, there is a (...) precursor to this type of view that predates it by roughly eighty years. This is the account of aesthetic experience given by John Dewey. Although Carroll acknowledges Dewey’s contribution to the concept of aesthetic experience, he fails to see how Dewey laid some of the groundwork for not only his own deflationary account but also for a conception of aesthetic experience that is continuous with other facets of human experience. This paper will highlight the similarities between the two approaches with the aim of establishing Dewey’s work as a forerunner to deflationary-type approaches. (shrink)

CONFERENCE PAPER: In the early 20th century, John Dewey helped revolutionize the way education was thought of in the United States. Nearly fifty years after his death, however, much of his vision is still yet to be realized. Perhaps one explanation for this would be that educators have not yet embraced the most important feature of Dewey’s thinking on education, viz. that education as a cumulative process is a interwoven with the continuous developments in social and ethical life, indeed culture (...) itself. As he put it, “Education is a social process; education is growth; education is not preparation for life but is life itself.” When such a view is taken seriously, education becomes coextensive to the values and traditions that we call culture. This is the way that the ancients in Greece through the concept of paideia (perfectly reflected in the gnomic expression, “As I grow old I continue being educated.”) and in China (through the idea of xué) viewed education. This essay will explore how Dewey’s ideas reflected these earlier philosophies of education and the ways in which thinking about education as growth, a là Dewey, can supplement them. (shrink)

This chapter focuses on Daoist praxeology and language in order to build something of a moral realist position (the contours of which may differ from most western versions insofar as it need not commit to moral cognitivism) that hinges on the seemingly paradoxical notions of ineffable moral truths and non-transferable moral skill.

The focus of this paper will be on the earliest Greek treatments of impulse, motivation, and self-animation – a cluster of concepts tied to the hormē-conatus concept. I hope to offer a plausible account of how the earliest recorded views on this subject in mythological, pre-Socratic, and Classical writings might have inspired later philosophical developments by establishing the foundations for an organic, wholly naturalized approach to human inquiry. Three pillars of that approach which I wish to emphasize are: practical intelligence, (...) natural normativity, and an ontology of philosophical dialectic. (shrink)

This paper will compare the concept of nature as it appears in the philosophies of the American pragmatist John Dewey and the Chinese text known as the Zhuangzi, with an aim towards mapping out a heuristic program which might be used to correct various interpretive difficulties in reading each figure. I shall argue that Dewey and Zhuangzi both held more complex and comprehensive philosophies of nature than for which either is typically credited. Such a view of nature turns on the (...) notion of continuity, particularly that between an experiencing organism [Dewey’s “live creature”] and the conditioning environment [Zhuangzi’s “crooked tree”]. Where Dewey’s and Zhuangzi’s ideas about nature converge, one finds similarities in prescriptions made for human action, and in the few places where they differ, one finds mutually complementary insights. (shrink)

The idea that episodic memory is distinguished from semantic memory by the fact that it involves autonoetic consciousness, initially introduced by Tulving, has been influential not only in psychology but also in philosophy, where a variety of approaches to autonoesis and to its relationship to episodicity have been developed. This article provides a critical review of the available philosophical approaches. Distinguishing among representational, metacognitive, and epistemic accounts of autonoesis, it considers these in relation to objective and subjective conceptions of episodicity (...) and assesses them against immediacy and source criteria that any philosophical account of autonoesis should arguably aim to satisfy. (shrink)

The current humanitarian use of drones is focused on two applications: disaster mapping and medical supply delivery. In response to the growing interest in drone deployment in the aid sector, we sought to develop a resource to support value sensitivity in humanitarian drone activities. Following a bottom-up approach encompassing a comprehensive literature review, two empirical studies, a review of guidance documents, and consultations with experts, this work illuminates the nature and scope of ethical challenges encountered by humanitarian organizations embarking upon (...) innovation programmes. The Framework for the Ethics Assessment of Humanitarian Drones (FEAHD) identifies five values and five key questions related to ethical considerations along the decision chain of humanitarian drone activities. It fills a gap between high-level, principle-based guidance related to humanitarian innovation, and detailed operation-oriented checklists for projects involving the use of drones. In this way, the FEAHD contributes to support value sensitivity in the humanitarian use of drones. (shrink)

The current humanitarian use of drones is focused on two applications: disaster mapping and medical supply delivery. In response to the growing interest in drone deployment in the aid sector, we sought to develop a resource to support value sensitivity in humanitarian drone activities. Following a bottom-up approach encompassing a comprehensive literature review, two empirical studies, a review of guidance documents, and consultations with experts, this work illuminates the nature and scope of ethical challenges encountered by humanitarian organizations embarking upon (...) innovation programmes. The Framework for the Ethics Assessment of Humanitarian Drones (FEAHD) identifies five values and five key questions related to ethical considerations along the decision chain of humanitarian drone activities. It fills a gap between high-level, principle-based guidance related to humanitarian innovation, and detailed operation-oriented checklists for projects involving the use of drones. In this way, the FEAHD contributes to support value sensitivity in the humanitarian use of drones. (shrink)

Using placebos in day-to-day practice is an ethical problem. This paper summarises the available epidemiological evidence to support this difficult decision. Based on these data we propose to differentiate between placebo and “knowledge framing”. While the use of placebo should be confined to experimental settings in clinical trials, knowledge framing — which is only conceptually different from placebo — is a desired, expected and necessary component of any doctor-patient encounter. Examples from daily practice demonstrate both, the need to investigate the (...) effects of knowledge framing and its impact on ethical, medical, economical and legal decisions. (shrink)

Trotz anhaltender Debatten über Determinismus und Freiheit ist der Sinn von Freiheit weit davon entfernt, ein klar umrissenes philosophisches Problem darzustellen. Betrachtet man Versuche, menschliche Freiheit zu beweisen, und Diskussionen um die soziale Normierung von Freiheit, so ist selten klar, ob hier von einem einheitlichen Phänomen die Rede ist. Aufgrund der Komplexität der Debatten und der historischen Tiefe des Problems lässt sich die Freiheit nicht einer einzelnen Teildisziplin der Philosophie zuordnen. Wer sich auf einen Bestimmungsversuch des Begriffs einlässt, muss zugleich (...) das Verhältnis von Theorie und Praxis klären. Die Untersuchung der Freiheit führt daher nicht zuletzt zu einer immer wieder neu zu vollziehenden Selbstverortung der Philosophie. (shrink)

Technology offers unique sets of opportunities, from human flourishing to civilization survival, but also challenges, from partial misuse to global apocalypse. Yet technology is shaped by the social environment in which it is developed and used, prompting questions about its desirable governance format. In this context, we look at governance challenges of large technical systems, specifically the peaceful use of high-power lasers in space, in order to propose a conceptual framework for legitimate global governance. Specifically, we adopt a context-based approach (...) to legitimacy to address the trade-offs between effectiveness (output legitimacy) and inclusivity (input legitimacy) in the governance of large technical systems. We show that distinguishing two basic phases of space laser policy which call for different legitimacy criteria helps balance out the trade-offs without sacrificing either effectiveness or inclusivity. Finally, we construe LTSs’ governance as a tool for creating globally networked spaces which may enable coordinated global democratic governance. (shrink)

[Special issue honoring Nikola Grahek] Representationalism in philosophy of perception has become more or less the dominant view. There are various versions of it not all of which are motivated by the same set of concerns. Different metaphysical and epistemological agendas are at work in different strands of the movement. In this paper, I will focus on what has come to be known as strong representationalism. This view has reductive and non-reductive versions, which are usually paired with realist and irrealist (...) versions respectively. First, I will develop a simple, largely empirical, argument against the realist reductive version. Later, rather more briefly, I will extend the argument to cover irrealist representationalism. (shrink)

Diskusní článek věnovaný textu Nikola Balaš, „Kdo je tu v pasti?“ Teorie vědy / Theory of Science 41, č. 1 : 133–49.

Pain asymbolia is a rare condition caused by brain damage, usually in adulthood. Asymbolics feel pain but appear indifferent to it, and indifferent also to visual and verbal threats. How should we make sense of this? Nikola Grahek thinks asymbolics’ pains are abnormal, lacking a component that make normal pains unpleasant and motivating. Colin Klein thinks that what is abnormal is not asymbolics’ pains, but asymbolics: they have a psychological deficit making them unresponsive to unpleasant pain. I argue that an (...) illuminating account requires elements of both views. Asymbolic pains are indeed abnormal, but they are abnormal because asymbolics are. I agree with Klein that asymbolics are incapable of caring about their bodily integrity; but I argue against him that, if this is to explain not only their indifference to visual and verbal threat, but also their indifference to pain, we must do the following: (i) take asymbolics’ lack of bodily care not as an alternative to, but as an explanation of their pains’ missing a component, and (ii) claim that the missing component consists in evaluative content. Asymbolia, I conclude, reveals not only that unpleasant pain is composite, but that its ‘hedomotive component’ is evaluative. (shrink)

PrEP (Pre-Exposure Prophylaxis) is a relatively new drug-based HIV prevention technique and an important means to lower the HIV risk of gay men who are especially vulnerable to HIV. From the perspective of biopolitics, PrEP inscribes itself in a larger trend of medicalization and the rise of pharmapower. This article reconstructs and evaluates contemporary literature on biopolitical theory as it applies to PrEP, by bringing it in a dialogue with a mapping of the political debate on PrEP. As PrEP changes (...) sexual norms and subjectification, for example condom use and its meaning for gay subjectivity, it is highly contested. The article shows that the debate on PrEP can be best described with the concepts ‘sexual-somatic ethics’ and ‘democratic biopolitics’, which I develop based on the biopolitical approach of Nikolas Rose and Paul Rabinow. In contrast, interpretations of PrEP which are following governmentality studies or Italian Theory amount to either farfetched or trivial positions on PrEP, when seen in light of the political debate. Furthermore, the article is a contribution to the scholarship on gay subjectivity, highlighting how homophobia and homonormativity haunts gay sex even in liberal environments, and how PrEP can serve as an entry point for the destigmatization of gay sexuality and transformation of gay subjectivity. ‘Biopolitical democratization’ entails making explicit how medical technology and health care relates to sexual subjectification and ethics, to strengthen the voice of (potential) PrEP users in health politics, and to renegotiate the profit and power of Big Pharma. (shrink)

We have all been told of the death of grand narratives. We have been told that the days of asking eternal metaphysical questions in philosophy are long since over. When Wittgenstein’s (1953/2009, p. 174) famous spade hit bedrock it reminded us that we had better stop wasting our time on lofty questions without answers. Foucault (1970) prompted us to recall Borges’story of a certain Chinese encyclopedia showing us that there are many ways of ordering the world and that each way (...) changes the rules of the game a little bit. We found that history was contingent and that hierarchies, however firmly built, would all crumble in the end. In its place were the slightly disorienting feeling following the postmodernist’s proclamation of ‘the elusiveness of meaning and knowledge’ (Kirby, 2017, p. 5). (shrink)

PrEP (Präexpositionsprophylaxe) ist ein relativ neues Mittel zur Prävention von HIV-Infektionen. HIV-negative Menschen nehmen antivirale Medikamente ein, die verhindern, dass der Kontakt mit dem Virus zu einer Infektion führt. Im Gegensatz zum Kondomgebrauch basiert dieses Präventionsverfahren auf Medikamenten und nicht auf einer Verhaltensänderung. Aus der Perspektive der Biopolitik fügt sie sich in einen größeren Trend in Richtung Medikalisierung, des Anstiegs der Macht der Pharmaindustrie und der Reglementierung des Risikos ein. Sexuelles Verhalten ist das Ergebnis der Subjektivierung, des Prozesses, durch den (...) soziale Normen Subjekte und ihre Wünsche bilden. Die Medikalisierung von schwulem Sex durch PrEP verändert die sexuelle Subjektivierung und geht daher mit einer Veränderung der Praktiken von schwulem Sex einher. Nach einer kurzen Erläuterung der medizinischen Besonderheiten und der Geschichte von PrEP (1) vereint dieser Artikel eine Rekonstruktion zeitgenössischer theoretischer Ansätze zur Biopolitik im Zusammenhang mit PrEP (2) mit einer Darstellung aktueller politischer Debatten um PrEP (3). Die Untersuchung zeigt, dass sich Gouvernementalitätsstudien und die Italienische Theorie auf repressive Machtverhältnisse konzentrieren und daher die Komplexität der Debatte nicht berücksichtigen können, die sich aus der Subjektivität und Handlungsfähigkeit verschiedener beteiligter Akteure, insbesondere schwuler PrEP-Aktivisten, ergibt. Dennoch werden Interpretationen von PrEP als repressiver Macht auch von einigen Akteuren in der politischen Debatte um PrEP genutzt, meist ohne ausdrücklichen Bezug zur biopolitischen Theorie. Nikolas Roses und Paul Rabinows differenziertes Konzept der Biopolitik bietet einige Ansätze wie diejenigen der biopolitischen Bürgerschaft und der somatischen Ethik, um die Debatte um PrEP und die damit verbundenen komplexen Verhandlungen über Sexualität zu beschreiben. Ausgehend von diesen Ideen entwickle ich ein neues Konzept der ‚demokratischen Biopolitik‘ von PrEP, die eine weitere Demokratisierung der Sexualität im biopolitischen Zeitalter ermöglicht. (shrink)

PrEP (Pre-Exposure Prophylaxis) is a relatively new drug-based HIV prevention technique and an important means to lower the HIV risk of gay men who are especially vulnerable to HIV. From the perspective of biopolitics, PrEP inscribes itself in a larger trend of medicalization and the rise of pharmapower. This article reconstructs and evaluates contemporary literature on biopolitical theory as it applies to PrEP, by bringing it in a dialogue with a mapping of the political debate on PrEP. As PrEP changes (...) sexual norms and subjectification, for example condom use and its meaning for gay subjectivity, it is highly contested. The article shows that the debate on PrEP can be best described with the concepts ‘sexual-somatic ethics’ and ‘democratic biopolitics’, which I develop based on the biopolitical approach of Nikolas Rose and Paul Rabinow. In contrast, interpretations of PrEP which are following governmentality studies or Italian Theory amount to either farfetched or trivial positions on PrEP, when seen in light of the political debate. Furthermore, the article is a contribution to the scholarship on gay subjectivity, highlighting how homophobia and homonormativity haunts gay sex even in liberal environments, and how PrEP can serve as an entry point for the destigmatization of gay sexuality and transformation of gay subjectivity. ‘Biopolitical democratization’ entails making explicit how medical technology and health care relates to sexual subjectification and ethics, to strengthen the voice of (potential) PrEP users in health politics, and to renegotiate the profit and power of Big Pharma. (shrink)

The explanation of nature in theoretical terms was first postulated and initiated by Ancient Greek philosophers. With the rise of monotheistic religions, however, curiosity about our transient world was widely regarded as contributing nothing to salvation. There was a decline in natural philosophy, which lasted for several centuries and was then reversed both in Islamic philosophy and in Christian theology in the Middle Ages. At this point, the "Book of Nature" was recognized as a complement to the Book of Revelation. (...) Originally, Aristotelian philosophy played the leading part in this process, but only after Aristotelian physics was substituted by experimental mathematical mechanics did it become possible for modern science to develop. General laws of physics form the basis of the explanation of events in space and time, including life processes. However, modern science has also revealed its own limitations. The scope and limits of scientific knowledge allows for different philosophical, cultural and religious interpretations of human beings and the universe. The history of science demonstrates erratic and persistent developments, but the long-term retrospective view discredits extreme forms of relativism and structuralism. Science appears as a construct of the human mind, and yet it is capable of generating valid explanations of nature. In the book more attention than usual is given to Cusanus (Nikolas de Cusa). -/- . (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal (...) v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 Publisher & Managing Editor Criminal Lawyer series [1980-2022](ISSN 2049-8047) Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson Reuters) (Licensed Annotator of UK Statutes) in annual law books Current Law (...) Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. TradeMark SALLY RAMAGE ® (2005-2025) in the UK, 2401827; WIPO TradeMark SALLY RAMAGE® 900614; USA TradeMark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. -/- ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)