Law and science: risk assessment and risk management in the WTO agreement on the application of sanitary and phytosanitary measures

Assessing and managing risks relating to the consumption of food stuffs for humans and to the environment has been one of the most complex legal issues in WTO law, ever since the Agreement on Sanitary and Phytosanitary Measures was adopted at the end of the Uruguay Round and entered into force in 1995. The problem was expounded in a number of cases. Panels and the Appellate Body adopted different philosophies in interpreting the agreement and the basic concept of risk assessment as defined in Annex A para. 4 of the Agreement. Risk assessment entails fundamental question on law and science. Different interpretations reflect different underlying perceptions of science and its relationship to the law. The present thesis supported by the Swiss National Research Foundation undertakes an in-depth analysis of these underlying perceptions. The author expounds the essence and differences of positivism and relativism in philosophy and natural sciences. He clarifies the relationship of fundamental concepts such as risk, hazards and probability. This investigation is a remarkable effort on the part of lawyer keen to learn more about the fundamentals based upon which the law – often unconsciously – is operated by the legal profession and the trade community. Based upon these insights, he turns to a critical assessment of jurisprudence both of panels and the Appellate Body. Extensively referring and discussing the literature, he deconstructs findings and decisions in light of implied and assumed underlying philosophies and perceptions as to the relationship of law and science, in particular in the field of food standards. Finding that both positivism and relativism does not provide adequate answers, the author turns critical rationalism and applies the methodologies of falsification developed by Karl R. Popper. Critical rationalism allows combining discourse in science and law and helps preparing the ground for a new approach to risk assessment and risk management. Linking the problem to the doctrine of multilevel governance the author develops a theory allocating risk assessment to international for a while leaving the matter of risk management to national and democratically accountable government. While the author throughout the thesis questions the possibility of separating risk assessment and risk management, the thesis offers new avenues which may assist in structuring a complex and difficult problem

To research living beings one has to participate in life.' Viktor von Weizsäcker's legacy

Viktor von Weizsäcker has been a German medical doctor and philosopher, well known throughout Europe, but hardly received in the Anglo-American culture. He focusses on the crucial epistemological question how one can conduct research on living beings. The article’s title represents a key quote of his opus magnum “Der Gestaltkreis”, which works out a theory of the unity of perception and motion. According to Viktor von Weizsäcker, one cannot separate the two, meaning that we locate ourselves in a fundamental union with the living world, which has lasting influence on our capacity of perception. This idea does not seem too different from Ian Barbour’s idea about critical realism, exploring a “consciousness of ourselves as arising out of rapport, interconnection and participation in processes reaching beyond ourselves.” Both authors, Viktor von Weizsäcker and Ian Barbour, still have lasting influence on the dialog between religion and science, each in their respective cultures – a further reason to compare their core ideas, after presenting Viktor von Weizsäcker’s life and thought. Finally, the theological impact of von Weizsäcker’s thought will be assessed. Following his philosophy, it becomes clear that the miracle of creation is the condition of the possibility of any perception.

Wissenschaft und Glauben bei Michael Polanyi

For Michael Polanyi, religion and science fight abreast to protect the occidental culture from totalitarian threat. Both are belief-based endeavors, Polanyi is convinced. While this is not surprising at all regarding religion, it is surely a provocation regarding science. The article tries to explore this original thought of Polanyi and to examine how it is rooted in his personal convictions and beliefs. Special emphasis is given to Polanyi’s critique of contemporary biology, as expressed in his article on “Science and Religion”, in some ways a response to Paul Tillich’s theology. Contemporary biology’s findings undermine exactly what Polanyi is fighting for, hence he is convinced that its findings are somewhat flawed. This should however not lead to the false conclusion that Polanyi had anything to do with creationism or would have favored Intelligent Design in our days.

Dramas of Recognition: Philosophy as Literary History

Offers a critique of the concept of recognition (Honneth, Fraser), arguing that, from a literary-historical perspective, it connstitutes a step back behing modernism toward the agenda of Realism.

Beyond belief : Strategic taboos and organizational identity in strategic agenda setting

A comprehensive strategic agenda matters for fundamental strategic change. Our study seeks to explore and theorize how organizational identity beliefs influence the judgment of strategic actors when setting an organization's strategic agenda. We offer the notion of "strategic taboo" as those strategic options initially disqualified and deemed inconsistent with the organizational identity beliefs of strategic actors. Our study is concerned with how strategic actors confront strategic taboos in the process of setting an organization's strategic agenda. Based on a revelatory inductive case study, we find that strategic actors engage in assessing the concordance of the strategic taboos with organizational identity beliefs and, more specifically, that they focus on key identity elements (philosophy; priorities; practices) when doing so. We develop a typology of three reinterpretation practices that are each concerned with a key identity element. While contextualizing assesses the potential concordance of a strategic taboo with an organization's overall philosophy and purpose, instrumentalizing assesses such concordance with respect to what actors deem an organization's priorities to be. Finally, normalizing explores concordance with respect to compatibility and fit with the organization's practices. We suggest that assessing concordance of a strategic taboo with identity elements consists in reinterpreting collective identity beliefs in ways that make them consistent with what organizational actors deem the right course of action. This article discusses the implications for theory and research on strategic agenda setting, strategic change, a practice-based perspective on strategy, and on organizational identity.

Cultural Legacies and Political Preferences: The Failure of Separatism in the Swiss Jura

The study of secession generally stresses the causal influence of cultural identities, political preferences, or ecological factors. Whereas these different views are often considered to be mutually exclusive, this paper proposes a two-stage model in which they are complementary. We posit that cultural identities matter for explaining secessionism, but not because of primordial attachments. Rather, religious and linguistic groups matter because their members are imbued with cultural legacies that lead to distinct political preferences – in this case preferences over welfare statism. Further, ecological constraints such as geography and topography affect social interaction with like-minded individuals. On the basis of both these political preferences and ecological constraints, individuals then make rational choices about the desirability of secession. Instrumental considerations are therefore crucial in explaining the decision to secede, but not in a conventional pocketbook manner. To examine this theory, we analyze the 2013 referendum on the secession of the Jura Bernois region from the Canton of Berne in Switzerland, using municipal level census and referendum data. The results lend support to the theory and suggest one way in which the politics of identity, based on factors like language and religion, can be fused with the politics of interest (preferences for more or less state intervention into the polity and economy) to better understand group behavior.