Liberalism in Poland: What Is Left?

Studies in East European Thought -     

Animal spare parts? A Canadian public consultation on xenotransplantation

Xenotransplantation, or the use of animal cells, tissues and organs for humans, has been promoted as an important solution to the worldwide shortage of organs. While scientific studies continue to be done to address problems of rejection and the possibility of animal-to-human virus transfer, socio-ethical and legal questions have also been raised around informed consent, life-long monitoring, animal welfare and animal rights, and appropriate regulatory practices. Many calls have also been made to consult publics before policy decisions are made. This paper describes the Canadian public consultation process on xenotransplantation carried out by the Canadian Public Health Association in an arm’s length process from Health Canada, the ministry overseeing government health policy and regulation. Focusing on six citizen fora conducted around the country patterned after the citizen jury deliberative approach, the paper describes the citizen panelists’ recommendations to hold off on proceeding with clinical trials and the rationales behind this recommendation. The consultation process is discussed in the context of constructive technology assessment, a framework which argues for broader input into earlier stages of technology innovation, particularly at the technology design stage. This study was supported by a grant to the first author from the Social Sciences and Humanities Research Council in Canada.     

“Nowhere does it say that in the Bible”

For lesbian women who marry in South Africa, religion is both a source of great opposition to their relationships and a tool that they can use to negotiate their belonging with family and friends, after deciding to exercise their citizenship through marriage. This article draws from qualitative research conducted in South Africa to explore the relationship between sexuality and religion in the context of legal same-sex marriage. Though religion has been previously implicated in the maintenance of oppressive regimes, such as colonialism and apartheid, it has also been one of the primary voices against such injustices. The article concludes by suggesting that lesbian women use their own understandings of religion and sexuality to actively participate in the formation of new opportunities for social, legal, and spiritual citizenship.     

International Human Rights and National Discretion

This paper argues that the EuropeanCourt of Human Rights couldserve as a model for an international court ofhuman rights to be builtupon the United Nations Committee on HumanRights. It argues that theconcerns states might have over the surrenderof a significant portion oftheir national sovereignity might be lessenedif such an internationalcourt were to incorporate the margin ofappreciation doctrine employed bythe European Court of Human Rights. Thisdoctrine is intended to respectthe customs and traditions of sovereign statesin dealing with humanrights issues, while maintaining that somerights such as the right not tobe tortured will be considered as basic andwill stand independently ofthe customs and traditions of sovereignstates.     

A qualitative analysis of mock jurors' deliberations of linkage analysis evidence

Evidence about a suspect's behavioural similarity across a series of crimes has been presented in legal proceedings in at least three different countries. Its admission as expert evidence, whilst still rare, is becoming more common thus it is important for us to understand how such evidence is received by jurors and legal professionals. This article reports on a qualitative analysis of mock jurors' deliberations about expert linkage analysis evidence. Three groups of mock jurors (N = 20) were presented with the prosecution's linkage analysis evidence from the USA State v. Fortin I murder trial and expert evidence for the defence constructed for the purposes of the study. Each group was asked to deliberate and reach a verdict. Deliberations were video‐recorded and subject to thematic content analysis. The themes that emerged were varied. Analysis suggested that the mock jurors were cautious of the expert evidence of behavioural similarity. In some cases they were sceptical of the expert. They articulated a preference that expert opinion be supported using statistics. Additional themes included jurors having misconceptions concerning what is typical offender behaviour during rape which suggests there is a need for expert linkage analysis evidence regarding behavioural similarities and the relative frequencies of crime scene behaviours. Copyright © 2010 John Wiley & Sons, Ltd.     

转型时期我国公务员职业伦理精神的制度化缺失与建构方略

作为公务员职业行为准则、价值取向和职业伦理规范总和的公务员职业伦理精神为公务员“依法、廉洁、高效、公正”行政提供精神动力和制度保障。在经济转型、文化冲突、矛盾突显和机遇与挑战并存的行政生态环境下,公务员职业伦理精神面临制度伦理价值沦丧、制度困境、制度界定模糊、制度伪适应症等制度化缺失问题,我们要从“职业化”、“法制化”、“政治化”、“组织化”和“现代化”等五方面提出公务员职业伦理精制度化建构方略。     

Numeracy in the jury box: Numerical ability,meaningful anchors,and damage award decision making

This project employs an experimental design to test theoretical predictions regarding how numeracy can assist jurors in determining damage awards to compensate a plaintiff for pain and suffering and how the use of meaningful numerical anchors may produce similar benefits. Mock jurors (N = 345) reviewed a legal case and were asked to give a dollar award to compensate the plaintiff for pain and suffering. The presence and nature of a numerical anchor and the duration of pain and suffering were manipulated. Participants' numeracy was measured. Results provided support for predictions. Jurors higher in numeracy gave awards that more appropriately reflected the duration of pain and suffering and showed less variability in awards. Similar benefits were obtained by exposing jurors to meaningful numerical anchors to help them contextualize dollar amounts. Thus, introducing meaningful anchors to jurors may provide similar benefits to numeracy, without the drawbacks associated with selecting only numerate jurors.     

Education for Civil Society: Evolutionary Guidance and the Democratic Ideal

This article honors Bela H. Banathy's work in social systems design and acknowledges his intellectual, professional, and humanitarian gifts to the system sciences community. The author examines Banathy's epistemology of conscious self-guided evolution and how it has influenced the author's thinking and research in design of educational systems, and in particular the study of education's role as an evolutionary guidance system for civil society. Specifically, the author examines Banathy's notions of evolutionary guidance systems (EGSs) and the design inquiry process. Design conversation is elaborated as a communication method for systems design and as a medium for communicative democracy. The concepts of civil society and democracy are examined in depth, providing an etymological analysis of each as a foundation for civil society as an ideal image. Consideration is given to Banathy's ideas of democracy and the New Agoras as ethical systems for the pursuit of conscious evolution. The author presents his considerations for education as an EGS for conscious evolution of civil society.     

‘A philosophy of change’: Emotions,civil society and global development

Dominant paradigms of global development have historically been devoid of emotions, connected with racialized and gendered ideas of rationality and civility. Within contemporary scholarship there is however increasing recognition of the importance of emotions for understanding development processes. This paper adds to this body of work by exploring the ways that emotions shape how people who are trying to ‘do’ development actually do it. Drawing on empirical material from conversations with civil society activists based on the Caribbean islands of Grenada and Barbados, this article explores some of the emotions that are present within civil society organizing and makes the case that in this context emotions are not just felt, they are generative of civil society organizing and wider development processes. Focusing on shame, the article demonstrates how emotions are produced relationally within civil society organizing, how emotions are generative and can co-construct spaces for civil society and how civic organizing can act as counter-expressions to these feelings. Emotions are then constitutive of global development, yet often neglected in dominant discourses of civil society within the development sphere, with professional subjectivities dominant.     

Moral imperatives,professional interventions and resilience,and educational action in chaotic situations: the souls of children amidst the horror of war

Drawing from the research on children of war in Bogota, Beirut and Bosnia, this paper serves as a framework for dialogue about the criminalization of children by armed conflict and other forms of violence. Furthermore, it addresses the aching question of how best to care for these children so that they have every chance to become illuminated and not carbonized (Restrepo, 1999 Restrepo, L. 1999. La novia oscura [The dark bride], New York: HarperCollins.  [Google Scholar], p. 209) by the tragic circumstances of their environments. The author posits that educators everywhere bear a moral imperative to provide opportunities for children to reclaim hope, reintegrate socially, learn well, reflect deeply, and act justly. Specifically, this essay reflects on varied approaches aimed at fostering resilience, as well as cognitive and moral growth and development in children who are witness and/or victims of social, political, and violent struggles.