108 resultados para Normative intuition


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This chapter proposes a social re-embedding of European constitutionalism by offering a coherent interpretation of EU constitutional principles as contained in the initial articles of the Treaties and the EU’s economic and social constitution as developed by the Court of Justice. It starts from the assumption that European integration is not merely an inter-state endeavour, but also a process that affects social and economic actors, in other words societies all over Europe. It may well ultimately engender a European society – if we are prepared to conceive of a poly-centric society, consisting of diverse components from a wide range of regions, social actors and cultures. Proceeding from the assumption that constitutionalism can be a relevant notion for such a holistic approach to European integration, the chapter develops elements of European constitutionalism relating to socio-economic reality. As national constitutional law, European constitutional law is presented as necessarily incomplete. European constitutionalism will thus have to offer modes of adapting open norms to an ever changing and developing societal reality. The chapter outlines a framework for such constitutionalism which, at the same time, offers opportunities for reconciling the social and economic dimensions in the European integration project through a re-configured notion of constitutionalism.

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The aim of this paper is to link empirical findings concerning environmental inequalities with different normative yard-sticks for assessing whether these inequalities should be deemed unjust, or not. We argue that such an inquiry must necessarily take into account some caveats regarding both empirical research and normative theory. We suggest that empirical results must be contextualised by establishing geographies of risk. As a normative yard-stick we propose a moderately demanding social-egalitarian account of justice and democratic citizenship, which we take to be best suited to identify unjust as well as legitimate instances of socio-environmental inequality.

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Introduction Tensions between the economic and the social dimensions of European integration are being perceived as increasing, and so is the potential for conflict between national and European levels of policy-making. Both are well illustrated by a highly controversial line of Court of Justice of the European Union (ECJ) cases on industrial relations: Viking and Laval have become symbols for the continuing dominance of the economic over the social dimension of European integration and for an increasing tendency of the EU to diminish national autonomy. As one consequence, demands to protect Member States’ social policy choices from EU law pressures arise. For such demands to be tenable, isolation of national and EU policy-making and of economic and social dimensions of European integration would have to be possible. This is arguably not the case. Economic and social dimensions of integration will thus have to be reconciled across EU and national levels, if the EU and its Member States are to maintain the ability of enhancing social justice against the pulls of economic globalisation.

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This chapter focuses on the question of how to explain agency in the context of motherhood. In so doing, it seeks to go beyond the tendency to focus exclusively on the burden of coordination which institutional structures generate for mothers, in order to examine the evaluative burden which normative structures demand of this role. Drawing on interview material with 40 middle class mothers across two research sites in the UK and US, the paper develops a three-part typology of maternal role performance. This relies on the insights of contemporary action theory, with its emphasis on emotionally configured intersubjective interpretation of normative structures, and more specifically on Joas’s pragmatist theorisation of social action as a creative process. The paper argues that maternal agency takes three distinct ideal-typical forms, namely romantic expressivism, rational instrumentalism, and pragmatism. These are conceived as distinct creative responses to the evaluative demands of motherhood, as the agents go about interpreting situated norms, needs and interests.

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This chapter summarises some of the learning from a material practice that sits in a sisterly manner next to architecture. Drawing on feminist writing and the experiences of women in professional life more generally, the chapter will examine how mainstream understanding of time and technology limit the engagement of those people in society who do not fit given norms. The chapter argues that when we examine such concepts in more detail and expand them to reflect diverse experiences those very same concepts offer new potentials and innovative openings for the progression of disciplines such as architecture.

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In this comment, we pick up three points raised by Ohndorf et al. (2015) in their reply to our ethical assessment of the German Advisory Council’s Budget Approach (WBGUBA). First, we discuss and clarify the relationship between ethics and political feasibility, highlighting that the way Ohndorf et el. use feasibility creates an unwarranted status quo bias. Second, we explain the proper place historical responsibility should have within the WBGUBA, stressing the fact that the reasons why we choose one policy proposal over another matter. Third, we analyze the limited extent to which a normative heuristic should motivate an ethically ambitious policy proposal like the WBGUBA.

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Even as Daniel Defoe's roguish protagonists notably Moll Flanders and Colonel Jack try to separate themselves from illicit itinerants, they are implicated further in deviance. Moll and Jack both embody and exploit ambiguous moral and spatial arrangements, and use hybrid linguistic formulations, all of which collocate the roguish and the reputable. By brilliantly realizing this interpenetration of words and worlds, Defoe problematises eighteenth-century efforts to demarcate the illicit and itinerant along the lines of space, rank, gender and language. Such efforts facilitated deviant mobility as much as they demonised it. Much scholarship has attended to Defoe's representations of criminality and poverty. This article develops such research to re-position him in a tradition of rogue-writing that stylishly problematises normative discriminatory practices.

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Jurgen Habermas takes the realization of rights through the democratic self-organization of legal communities to be the normative core of emancipatory politics. In this article I explore the implications of this claim in relation to the requirements of justice. I argue that Habermas's discourse theory of democratic legitimacy presupposes a substantive principle of justice that demands the equalization of effective communicative freedom for all structurally constituted social groups in any constitutional state. This involves the elimination of a range of structural injustices rooted in the complex interrelationships between political, economic and cultural orders. In the final section I sketch briefly the implications of this analysis in the context of ongoing globalization processes. It is suggested that the most effective way to establish a just system of global governance is to equalize effective communicative freedom among nation-states.

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Purpose – The aim of this paper is to analyse how critical incidents or organisational crises can be used to check and legitimise quality management change efforts in relation to the fundamental principles of quality. Design/methodology/approach – Multiple case studies analyse critical incidents that demonstrate the importance of legitimisation, normative evaluation and conflict constructs in this process. A theoretical framework composed of these constructs is used to guide the analysis. Findings – The cases show that the critical incidents leading to the legitimisation of continuous improvement (CI) were diverse. However all resulted in the need for significant ongoing cost reduction to achieve or retain competitiveness. In addition, attempts at legitimising CI were coupled with attempts at destabilising the existing normative practice. This destabilisation process, in some cases, advocated supplementing the existing approaches and in others replacing them. In all cases, significant conflict arose in these legitimising and normative evaluation processes. Research limitations/implications – It is suggested that further research could involve a critical analysis of existing quality models, tools and techniques in relation to how they incorporate, and are built upon, fundamental quality management principles. Furthermore, such studies could probe the dangers of quality curriculum becoming divorced from business and market reality and thus creating a parallel existence. Practical implications – As demonstrated by the case studies, models, tools and techniques are not valued for their intrinsic value but rather for what they will contribute to addressing the business needs. Thus, in addition to being an opportunity for quality management, critical incidents present a challenge to the field. Quality management must be shown to make a contribution in these circumstances. Originality/value – This paper is of value to both academics and practitioners.

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In this article the authors explore and evaluate developments in the use of information and communications technologies (ICT) within social work education at Queen's University Belfast since the inception of the new degree in social work. They look at the staff development strategy utilised to increase teacher confidence and competence in use of the Queen's Online virtual learning environment tools as well as the student experience of participation in modules involving online discussions. The authors conclude that the project provided further opportunity to reflect on how ICT can be used as a platform to support a whole course in a systematic and coordinated way and to ensure all staff remained abreast of ongoing developments in the use of ICT to support learning which is a normative expectation of students entering universities. A very satisfying outcome for the leaders is our observation of the emergence of other 'experts' in different aspects of use of ICT amongst the staff team. This project also shows that taking a team as opposed to an individual approach can be particularly beneficial

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Institutional and individual accountability is an important feature of societies in transition from conflict or authoritarian rule. The imperative of accountability has both normative and transformational underpinnings in the context of restoration of the rule of law and democracy. This article argues a case for extending the purview of truth-telling processes to the judiciary in postauthoritarian contexts. The driving force behind the inquiry is the proposition that the judiciary as the third arm of government at all times participates in governance. To contextualize the argument, I focus on judicial governance and accountability within the paradigm of Nigeria’s transition to democracy after decades of authoritarian military rule.

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Objective: To describe the prevalence and determinants of psychological problems in European children with hemiplegia. Design: Cross-sectional survey. Setting: Home visits in nine European regions by research associates who administered standard questionnaires to parents. Patients: 279 children with hemiplegia aged 8–12 years were recruited from population-based case registers. Outcome measure: Strengths and Difficulties Questionnaire comprising emotion, conduct, hyperactivity, peer problems and prosocial domains. An “impact score” (IS) measures the social and psychological impact of the child’s difficulties. Results: Children with hemiplegia had higher mean scores on the total difficulties score (TDS) compared with a normative sample (p<0.001). 48% and 57% of children, respectively, had borderline–abnormal TDS and IS. Significant, independent associations were observed between intellectual impairment and an increased risk for hyperactivity (odds ratio; OR 8.4, 95% CI 3.4 to 20.8), peer problems (OR 3.1, 95% CI 1.7 to 5.5), psychological and social impact (OR 3.0, 95% CI 1.6 to 5.6) when children with an intellectual quotient (IQ) <50 were compared with those with an IQ >70. Boys had an increased risk for conduct (OR 2.1, 95% CI 1.2 to 3.7) and hyperactivity disorders (OR 2.5, 95% CI 1.4 to 4.6). Poor self-esteem was associated with an increased risk for peer problems (OR 5.8, 95% CI 2.5 to 13.4) and poor prosocial skills (OR 7.5, 95% CI 2.4 to 23.2) compared with those with high self-esteem. Other determinants of psychological adjustment were impaired communication, severe pain and living with a single parent. Conclusions: Many of the psychological problems identified are amenable to treatment. Special attention should be given to those at highest risk of developing psychological difficulties.

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Complexity is conventionally defined as the level of detail or intricacy contained within a picture. The study of complexity has received relatively little attention-in part, because of the absence of an acceptable metric. Traditionally, normative ratings of complexity have been based on human judgments. However, this study demonstrates that published norms for visual complexity are biased. Familiarity and learning influence the subjective complexity scores for nonsense shapes, with a significant training x familiarity interaction [F(1,52) = 17.53, p <.05]. Several image-processing techniques were explored as alternative measures of picture and image complexity. A perimeter detection measure correlates strongly with human judgments of the complexity of line drawings of real-world objects and nonsense shapes and captures some of the processes important in judgments of subjective complexity, while removing the bias due to familiarity effects.