The seasons of Zarathustra and their correspondence to the metamorphoses of the spirit

Nietzsche employed metaphors frequently throughout his works. This is especially true in Thus Spoke Zarathustra. Although this is often aesthetically pleasing, it can be very difficult for the reader to understand the nuances and interconnections with the various metaphors. This is generally considered one of the main drawbacks of Thus Spoke Zarathustra. While it is beautifully written in a style that is incomparable today, much of what it is attempting to communicate is lost on the reader. This thesis explores the connection between the metamorphoses of the spirit and the seasons in Thus'Spoke Zarathustra, with the camel spirit corresponding to autumn, the lion spirit with winter, the child spirit with spring, and finally the Overman with summer. Although the Overman is not included among the three metamorphoses of the spirit, it will be argued that the Overman is a separate metamorphosis and must not be conflated with the child spirit despite their similarities. While Thus Spoke Zarathustra will be the primary text used, Nietzsche's other works will be employed to demonstrate that this connection between the metamorphoses of the spirit and the seasons runs through much of his thought. By demonstrating how the seasons are used in Thus Spoke Zarathustra, a deeper understanding of the work will be revealed. Further, this thesis will demonstrate that it is an intentional connection, and not merely coincidental or something that has been constructed and imposed upon the work. Bringing this correspondence between the metamorphoses of the spirit and the seasons to light will result in the need to rethink particular notions of Nietzsche's philosophy. The most apparent involves the Overman and the process of overcoming. Although the Overman has often been viewed as "the end" in the cycle of metamorphoses, it will be argued that this is not the case. The typical interpretation of the metamorphoses of the spirit regard it as a linear progression; however, it will be shown that the metamorphoses of the spirit is cyclical with the camel, lion, and child spirits endlessly repeating, much like the seasons.

Drumming toward communitas : a case study of facilitated recreational music making and the Arthurian method

The phenomenon of communitas has been described as a moment 'in and out of time' in which a collective of individuals may be experienced by one as equal and individuated in an environment stripped of structural attributes (Turner, 1 969). In these moments, emotional bonds form and an experience of perceived 'oneness' and synergy may be described. As a result of the perceived value of these experiences, it has been suggested by Sharpe (2005) that more clearly understanding how this phenomenon may be purposefully facilitated would be beneficial for leisure service providers. Consequently, the purpose of this research endeavor was to examine the ways in which a particular leisure service provider systematically employs specific methods and sets specific parameters with the intention of guiding participants toward experiences associated with communitas or "shared spirit" as described by the organization. A qualitative case study taking a phenomenological approach was employed in order to capture the depth and complexity of both the phenomenon and the purposefiil negotiation of experiences in guiding participants toward this phenomenon. The means through which these experiences were intentionally facilitated was recreational music making in a group drumming context. As such, an organization which employs specific methods of rhythm circle facilitation as well as trains other facilitators all over the world was chosen purposely for their recognition as the most respectable and credible in this field. The specific facilitator was chosen based on high recommendation by the organization due to her level of experience and expertise. Two rhythm circles were held, and participants were chosen randomly by the facilitator. Data was collected through observation in the first circle and participant- observation in the second, as well as through focus groups with circle participants. Interviews with the facilitator were held both initially to gain broad understanding of concepts and phenomenon as well as after each circle to reflect on each circle specifically. Data was read repeatedly to drawn out patterns which emerged and were coded and organized accordingly. It was found that this specific process or system of implementation lead to experiences associated with communitas by participants. In order to more clearly understand this process and the ways in which experiences associated with communitas manifest as a result of deliberate facilitator actions, these objective facilitator actions were plotted along a continuum relating to subjective participant experiences. These findings were then linked to the literature with regards to specific characteristics of communitas. In so doing, the intentional manifestation of these experiences may be more clearly understood for ftiture facilitators in many contexts. Beyond this, findings summarized important considerations with regards to specific technical and communication competencies which were found to be essential to fostering these experiences for participants within each group. Findings surrounding the maintenance of a fluid negotiation of certain transition points within a group rhythm event overall were also highlighted, and this fluidity was found to be essential to the experience of absorption and engagement in the activity and experience. Emergent themes of structure, control, and consciousness have been presented as they manifested and were found to affect experiences within this study. Discussions surrounding the ethics and authenticity of these particular methods and their implementation has also been generated throughout. In conclusion, there was a breadth as well as depth of knowledge found in unpacking this complex process of guiding individuals toward experiences associated with communitas. The implications of these findings contribute in broadening the current theoretical as well as practical understanding as to how certain intentional parameters may be set and methods employed which may lead to experiences of communitas, and as well contribute a greater knowledge to conceptualizing the manifestation of these experiences when broken down.

A study on the role of the parent in educational decision making from the perspective of parents and teachers

ADeweyan (1916) democratic theoty ofeducation called for the participation ofall citizens in deliberating important educational issues to improve overall student learning. Thus, the move to include parents in educational decision making can be considered to be rooted in democratic principles. To gain greater insight into the issue ofparent involvement in educational decision making, one elementary school was studied and a triangulization method was employed in an attempt to clarify the important issues surrolUlding the move to include parents in the governance ofschools. The three methods to gain information included surveys, interviews, and documentation ofsignificant school events and related work. All ofthe parents and teachers ofthe school were surveyed, 10 parents and 6teachers were interviewed, and related school events were recorded. The survey design was modeled on the Parent Involvement Questionnaire (PIQ) created and reported on by Chavkin and Williams (1987). The results ofthe surveys were used as a guide for the interview questions. An interview outline was developed based on Seidman's (1991) open-ended approach and Patton's (1980) standardized open-ended interview style in which parents and teachers were asked about their experiences and opinions on anmnber ofparent involvement issues. Parents and teachers in this school indicated agreater interest in becoming more aware ofeducational issues such as school budget and school discipline policies. Although the parents indicated agreater interest in school matters and the teachers indicated awillingness to include parents in school matters, both the parents and teachers in this study perceived the role ofthe parent as advisory, not decision making. It was concluded that to ensure ameaningful and functional role for parellts as tlleir p811icipatioll ill educational matters evolves, SCllools must have a clear vision ofthe primary goal ofall schools, namely, to foster and nourish democratic citizens for ademocratic society (Glickman, 1993). Furthennore, intentional practices such as Purkey's (ad) 5-P Relay approach, based on a democratic theory and practice of education, will have to be employed in order to give parents an authentic voice in educational matters and provide an avenue for parents to acquire the necessary skills and lmowledge needed to do so. As schools, school boards, and the Ministry ofEducation implement parent involvement guidelines and policies, developmental needs ofeach school need to be considered to ensure the employment ofdemocratic practices not authoritarian mandates. Parent interest and involvement, at whatever level, should be an important element in the overall move to make schools part ofthe democratic society they were meant to be.

Husserl's approach to transcendental intersubjectivity

It is our intention in the course of the development of this thesis to give an account of how intersubjectivity is "eidetically" constituted by means of the application of the phenomenological reduction to our experience in the context of the thought of Edmund Husserl; contrasted with various representative thinkers in what H. Spiegelberg refers to as "the wider scene" of phenomenology. That is to say, we intend to show those structures of both consciousness and the relation which man has to the world which present themselves as the generic conditions for the possibility of overcoming our "radical sol itude" in order that we may gain access to the mental 1 ife of an Other as other human subject. It is clear that in order for us to give expression to these accounts in a coherent manner, along with their relative merits, it will be necessary to develop the common features of any phenomenological theory of consdousness whatever. Therefore, our preliminary inquiry, subordinate to the larger theme, shall be into some of the epistemological results of the application of the phenomenological method used to develop a transcendental theory of consciousness. Inherent in this will be the deliniation of the exigency for making this an lIintentional ll theory. We will then be able to see how itis possible to overcome transcendentally the Other as an object merely given among other merely given objects, and further, how this other is constituted specifically as other ego. The problem of transcendental intersubjectivity and its constitution in experience can be viewed as one of the most compelling, if not the most polemical of issues in phenomenology. To be sure, right from the beginning we are forced to ask a number of questions regarding Husserl's responses to the problem within the context of the methodological genesis of the Cartesian Meditations, and The Crisis of European Sciences and Transcendental Phenomenology. This we do in order to set the stage for amplification. First, we ask, has Husserl lived up to his goal, in this connexion, of an apodictic result? We recall that in his Logos article of 1911 he adminished that previous philosophy does not have at its disposal a merely incomplete and, in particular instances, imperfect doctrinal system; it simply has none whatever. Each and every question is herein controverted, each position is a matter of individual conviction, of the interpretation given byaschool, of a "point of view". 1. Moreover in the same article he writes that his goal is a philosophical system of doctrine that, after the gigantic preparatory work. of generations, really be- . gins from the ground up with a foundation free from doubt and rises up like any skilful construction, wherein stone is set upon store, each as solid as the other, in accord with directive insights. 2. Reflecting upon the fact that he foresaw "preparatory work of generations", we perhaps should not expect that he would claim that his was the last word on the matter of intersubjectivity. Indeed, with 2. 'Edmund Husserl, lIPhilosophy as a Rigorous Science" in Phenomenology and theCrisis6fPhilosophy, trans". with an introduction by Quentin Lauer (New York.: Harper & Row, 1965) pp. 74 .. 5. 2Ibid . pp. 75 .. 6. 3. the relatively small amount of published material by Husserl on the subject we can assume that he himself was not entirely satisfied with his solution. The second question we have is that if the transcendental reduction is to yield the generic and apodictic structures of the relationship of consciousness to its various possible objects, how far can we extend this particular constitutive synthetic function to intersubjectivity where the objects must of necessity always remain delitescent? To be sure, the type of 'object' here to be considered is unlike any other which might appear in the perceptual field. What kind of indubitable evidence will convince us that the characteristic which we label "alter-ego" and which we attribute to an object which appears to resemble another body which we have never, and can never see the whole of (namely, our own bodies), is nothing more than a cleverly contrived automaton? What;s the nature of this peculiar intentional function which enables us to say "you think just as I do"? If phenomenology is to take such great pains to reduce the takenfor- granted, lived, everyday world to an immanent world of pure presentation, we must ask the mode of presentation for transcendent sub .. jectivities. And in the end, we must ask if Husserl's argument is not reducible to a case (however special) of reasoning by analogy, and if so, tf this type of reasoning is not so removed from that from whtch the analogy is made that it would render all transcendental intersubjective understandtng impos'sible? 2. HistoticalandEidetic Priority: The Necessity of Abstraction 4. The problem is not a simple one. What is being sought are the conditions for the poss ibili:ty of experi encing other subjects. More precisely, the question of the possibility of intersubjectivity is the question of the essence of intersubjectivity. What we are seeking is the absolute route from one solitude to another. Inherent in this programme is the ultimate discovery of the meaning of community. That this route needs be lIabstract" requires some explanation. It requires little explanation that we agree with Husserl in the aim of fixing the goal of philosophy on apodictic, unquestionable results. This means that we seek a philosophical approach which is, though, not necessarily free from assumptions, one which examines and makes explicit all assumptions in a thorough manner. It would be helpful at this point to distinguish between lIeidetic ll priority, and JlhistoricallJpriority in order to shed some light on the value, in this context, of an abstraction.3 It is true that intersubjectivity is mundanely an accomplished fact, there havi.ng been so many mi.llions of years for humans to beIt eve in the exi s tence of one another I s abili ty to think as they do. But what we seek is not to study how this proceeded historically, but 3Cf• Maurice Natanson;·TheJburne in 'Self, a Stud in Philoso h and Social Role (Santa Cruz, U. of California Press, 1970 . rather the logical, nay, "psychological" conditions under which this is possible at all. It is therefore irrelevant to the exigesis of this monograph whether or not anyone should shrug his shoulders and mumble IIwhy worry about it, it is always already engaged". By way of an explanation of the value of logical priority, we can find an analogy in the case of language. Certainly the language 5. in a spoken or written form predates the formulation of the appropriate grammar. However, this grammar has a logical priority insofar as it lays out the conditions from which that language exhibits coherence. The act of formulating the grammar is a case of abstraction. The abstraction towards the discovery of the conditions for the poss; bi 1 ity of any experiencing whatever, for which intersubjective experience is a definite case, manifests itself as a sort of "grammar". This "grammar" is like the basic grammar of a language in the sense that these "rulesil are the ~ priori conditions for the possibility of that experience. There is, we shall say, an "eidetic priority", or a generic condition which is the logical antecedent to the taken-forgranted object of experience. In the case of intersubjectivity we readily grant that one may mundanely be aware of fellow-men as fellowmen, but in order to discover how that awareness is possible it is necessary to abstract from the mundane, believed-in experience. This process of abstraction is the paramount issue; the first step, in the search for an apodictic basis for social relations. How then is this abstraction to be accomplished? What is the nature of an abstraction which would permit us an Archimedean point, absolutely grounded, from which we may proceed? The answer can be discovered in an examination of Descartes in the light of Husserl's criticism. 3. The Impulse for Scientific Philosophy. The Method to which it Gives Rise. 6. Foremost in our inquiry is the discovery of a method appropriate to the discovery of our grounding point. For the purposes of our investigations, i.e., that of attempting to give a phenomenological view of the problem of intersubjectivity, it would appear to be of cardinal importance to trace the attempt of philosophy predating Husserl, particularly in the philosophy of Descartes, at founding a truly IIscientific ll philosophy. Paramount in this connexion would be the impulse in the Modern period, as the result of more or less recent discoveries in the natural sciences, to found philosophy upon scientific and mathematical principles. This impulse was intended to culminate in an all-encompassing knowledge which might extend to every realm of possible thought, viz., the universal science ot IIMathexis Universalis ll •4 This was a central issue for Descartes, whose conception of a universal science would include all the possible sciences of man. This inclination towards a science upon which all other sciences might be based waS not to be belittled by Husserl, who would appropriate 4This term, according to Jacab Klein, was first used by Barocius, the translator of Proclus into Latin, to designate the highest mathematical discipline. . 7. it himself in hopes of establishing, for the very first time, philosophy as a "rigorous science". It bears emphasizing that this in fact was the drive for the hardening of the foundations of philosophy, the link between the philosophical projects of Husserl and those of the philosophers of the modern period. Indeed, Husserl owes Descartes quite a debt for indicating the starting place from which to attempt a radical, presupositionless, and therefore scientific philosophy, in order not to begin philosophy anew, but rather for the first time.5 The aim of philosophy for Husserl is the search for apodictic, radical certitude. However while he attempted to locate in experience the type of necessity which is found in mathematics, he wished this necessity to be a function of our life in the world, as opposed to the definition and postulation of an axiomatic method as might be found in the unexpurgated attempts to found philosophy in Descartes. Beyond the necessity which is involved in experiencing the world, Husserl was searching for the certainty of roots, of the conditi'ons which underl ie experience and render it pOssible. Descartes believed that hi~ MeditatiOns had uncovered an absolute ground for knowledge, one founded upon the ineluctable givenness of thinking which is present even when one doubts thinking. Husserl, in acknowledging this procedure is certainly Cartesian, but moves, despite this debt to Descartes, far beyond Cartesian philosophy i.n his phenomenology (and in many respects, closer to home). 5Cf. Husserl, Philosophy as a Rigorous Science, pp. 74ff. 8 But wherein lies this Cartesian jumping off point by which we may vivify our theme? Descartes, through inner reflection, saw that all of his convictions and beliefs about the world were coloured in one way or another by prejudice: ... at the end I feel constrained to reply that there is nothing in a all that I formerly believed to be true, of which I cannot in some measure doubt, and that not merely through want of thought or through levity, but for reasons which are very powerful and maturely considered; so that henceforth I ought not the less carefully to refrain from giving credence to these opinions than to that which is manifestly false, if I desire to arrive at any certainty (in the sciences). 6 Doubts arise regardless of the nature of belief - one can never completely believe what one believes. Therefore, in order to establish absolutely grounded knowledge, which may serve as the basis fora "universal Science", one must use a method by which one may purge oneself of all doubts and thereby gain some radically indubitable insight into knowledge. Such a method, gescartes found, was that, as indicated above by hi,s own words, of II radical doubt" which "forbids in advance any judgemental use of (previous convictions and) which forbids taking any position with regard to their val idi'ty. ,,7 This is the method of the "sceptical epoche ll , the method of doubting all which had heretofor 6Descartes,Meditations on First Philosophy, first Med., (Libera 1 Arts Press, New York, 1954) trans. by L. LaFl eur. pp. 10. 7Husserl ,CrisiS of Eliroeari SCiences and Trariscendental Phenomenology, (Northwestern U. Press, Evanston, 1 7 ,p. 76. 9. been considered as belonging to the world, including the world itself. What then is left over? Via the process of a thorough and all-inclusive doubting, Descartes discovers that the ego which performs the epoche, or "reduction", is excluded from these things which can be doubted, and, in principle provides something which is beyond doubt. Consequently this ego provides an absolute and apodictic starting point for founding scientific philosophy. By way of this abstention. of bel ief, Desca'rtes managed to reduce the worl d of everyday 1 ife as bel ieved in, to mere 'phenomena', components of the rescogitans:. Thus:, having discovered his Archimedean point, the existence of the ego without question, he proceeds to deduce the 'rest' of the world with the aid of innate ideas and the veracity of God. In both Husserl and Descartes the compelling problem is that of establ ishing a scientific, apodictic phi'losophy based upon presuppos itionless groundwork .. Husserl, in thi.s regard, levels the charge at Descartes that the engagement of his method was not complete, such that hi.S: starting place was not indeed presupositionless, and that the validity of both causality and deductive methods were not called into question i.'n the performance of theepoche. In this way it is easy for an absolute evidence to make sure of the ego as: a first, "absolute, indubitablyexisting tag~end of the worldll , and it is then only a matter of inferring the absolute subs.tance and the other substances which belon.g to the world, along with my own mental substance, using a logically val i d deductive procedure. 8 8Husserl, E.;' Cartesian 'Meditation;, trans. Dorion Cairns (Martinus Nijhoff, The Hague, 1970), p. 24 ff.

Moving from values inaction to values-in-action : an exploration of how values can be managed intentionally by national sports organizations

The study examined the intentional use of National Sport Organizations' (NSOs) stated values. Positive Organizational Scholarship (POS) was applied to an Appreciative Inquiry (AI) approach of interviewing NSO senior leaders. One intention of this research was to foster a connection between academia and practitioners, and in so doing highlight the gap between values inaction and values-in-action. Data were collected from nine NSOs through multiple-case studies analysis of interview transcripts, websites, and constitutional statements. Results indicated that while the NSOs operated from a Management by Objectives (MBO) approach they were interested in exploring how Management by Values (MBV) might improve their organization's performance. Eleven themes from the case studies analysis contributed to the development of a framework. The 4-1 framework described how an NSO can progress through different stages by becoming more intentional in how they use their values. Another finding included deepening our understanding of how values are experienced within the NSO and then transferred across the entire sport. Participants also spoke about the tension that arises among their NSO' s values as well as the dominant values held by funding agents. This clash of values needs to be addressed before the tension escalates. Finally, participants expressed a desire to learn more about how values can be used more intentionally to further their organization's purpose. As such, strategies for intentionally leveraging values are also suggested. Further research should explore how helpful the 4-1 framework can be to NSOs leaders who are in the process of identifying or renewing their organization's values.

Inviting Leadership From a Belfast Bedroom: Invitational Leadership in Contemporary Schools

Educational leadership is challenging, complex, and vitally important to student success. Despite the publication of theories, books, and research on school leadership, a perception of a chasm between theory and practice exists. However, the intentional consideration and implementation of theory can make an enormous impact on practice. This is revealed in this dissertation through the exploration of invitational leadership theory through an autoethnographic study of my leadership journey, as well as the intentionally inviting leadership of Billy Tate, a veteran school principal in Belfast, Northern Ireland. This dissertation uses an amalgamated methodology of interview and observational research embedded within an autoethnography to intimately explore invitational theory in practice through the lens of a new school principal in Southern Ontario and a veteran principal in Belfast. This study provides an intimate understanding of the impact and applicability of invitational educational leadership theory in two unique educational, political, and social contexts and draws conclusions from the consideration of and reflection upon my leadership and Billy Tate’s. This dissertation reveals invitational leadership as a theory of practice that has significantly influenced two very different school leaders and posits that invitational theory is a theory of practice worthy of consideration by educational leaders from around the world.

Ties From My Father: Personal Narrative as a Tool for Engaging Teenagers and Social Service Practitioners

The purpose of this project is to provide social service practitioners with tools and perspectives to engage young people in a process of developing and connecting with their own personal narratives, and storytelling with others. This project extensively reviews the literature to explore Why Story, What Is Story, Future Directions of Story, and Challenges of Story. Anchoring this exploration is Freire’s (1970/2000) intentional uncovering and decoding. Taking a phenomenological approach, I draw additionally on Brookfield’s (1995) critical reflection; Delgado (1989) and McLaren (1998) for subversive narrative; and Robin (2008) and Sadik (2008) for digital storytelling. The recommendations provided within this project include a practical model built upon Baxter Magolda and King’s (2004) process towards self-authorship for engaging an exercise of storytelling that is accessible to practitioners and young people alike. A personal narrative that aims to help connect lived experience with the theoretical content underscores this project. I call for social service practitioners to engage their own personal narratives in an inclusive and purposeful storytelling method that enhances their ability to help the young people they serve develop and share their stories.

Anachronistic Me: An Autoethnographic Account of Recovery through Volunteerism

The purpose of this autoethnography was to reflect upon the ways in which my recovery was aided by the personal connections made while volunteering in a homeless shelter. Congruent with autoethnographic best practice, data were collected through a variety of means, including: journaling, field notes, participant observation, and collection of artifacts. An autoethnographic narrative emerged out of the analysis of data detailing my recuperative journey. Results indicated that my time spent volunteering at the shelter: (a) fostered a sense of Community, (b) made me aware of Realizations that broadened my perspective, and (c) aided in motivating me to be Intentional about Improving my Life. These three themes proved to be important factors in my recovery process. This thesis will inform social science researchers and health advocates by making a contribution to the growing body of literature regarding recovery.

Christian Education and the Ethics of Authenticity

A qualitative study was undertaken to explore the concept of authenticity in Christian education. The study was situated in the context of Christian schools in Ontario. Some of these schools have experienced declining enrolment and all of these schools face the challenge of being distinctive in a secular culture. To investigate the potential of the concept of authenticity for reclaiming the vision of Christian education, interviews were conducted with 3 experienced principals of Christian schools. Data analysis yielded an emergent conceptual framework of authenticity consisting of 5 concepts: authorship, relatedness, reflection, autonomy, and excellence. Authenticity was found to be a useful tool for school analysis of both the deep structures and the surface structures within Christian schools. To offset unauthentic tendencies that can arise within these schools, this study calls for an intentional use of the lens of authenticity to expose these tendencies and revitalize core expectations. Through the narratives shared by the Christian school principals, the study also develops a picture of the role of authentic Christian education in the development of the authentic Christian person.

Death for life : a study of targeted killing by States in international law

"Mémoire présenté à la faculté des études supérieures en vue de l'obtention du grade de Maîtrise en droit (LL.M.)". Ce mémoire a été accepté à l'unanimité et classé parmi les 10% des mémoires de la discipline.

Self-other asymmetry

In this paper, I present a non standard objection to moral impartialism. My idea is that moral impartialism is questionable when it is committed to a principle we have reasons to reject: the principle of self-other symmetry. According to the utilitarian version of the principle, the benefits and harms to the agent are exactly as relevant to the global evaluation of the goodness of his action as the benefits and harms to any other agent. But this view sits badly with the “Harm principle” which stresses the difference between harm to others and harm to the self. According to the deontological version, we have moral duties to ourselves which are exactly symmetrical to our duties to others. But there are reasons to believe that the idea of a duty to the self is not coherent.

Le transfert de documents conformes et la résolution du contrat pour leur non-conformité selon la convention de Vienne sur la vente internationale de marchandises

La présente étude examine une des difficultés que soulève l'exécution des contrats de vente mettant en relation des parties situées dans des pays différents. Ces contrats connaissent des problèmes bien particuliers. En effet, en donnant lieu à l'expédition des marchandises vendues, ces contrats obligent aussi le vendeur à transférer à l'acheteur les documents conformes représentatifs de celles-ci. La non-conformité des documents se distingue de la non-conformité des marchandises et constitue une source principale des litiges visant la résolution des contrats dans ce secteur commercial. La diversité des solutions susceptibles de s'y appliquer est devenue une réalité depuis que les droits internes doivent coexister avec les règles de la Convention de Vienne sur la vente internationale de marchandises. En principe, aucune difficulté ne se pose lorsqu'un droit interne est désigné comme étant le droit compétent: il suffirait d'appliquer les solutions de ce droit. Ainsi, par exemple, l'acheteur peut résoudre le contrat si les documents ne sont pas conformes aux stipulations contractuelles sur la base du concept de fundamental breach (en cas de vente non documentaire) ou sur la base de la stricte conformité (en cas de vente documentaire) que retiennent les droits anglo-américain; en revanche dans les systèmes de droit civil (où la distinction entre vente documentaire et vente non documentaire n'existe pas), pareille résolution du contrat basée sur le défaut de conformité des documents n'est possible qu'en présence d'un préjudice important ou d'un défaut majeur. Plusieurs justifications fondamentales sous-tendent la raison d'être des solutions retenues par les droits nationaux: quête de sécurité juridique et recherche de solution conforme aux besoins des opérateurs du commerce international. Néanmoins, il appert que de telles justifications sont également présentes dans la Convention de Vienne. De plus, cette Convention oblige le vendeur à transférer à l'acheteur les documents conformes de la vente. Cependant, elle le fait de manière indirecte sans pour autant préciser quels types de documents doivent faire l'objet du transfert. L'opportunité d'un tel transfert dépendra donc, sous réserves des dispositions impératives, de l'accord des parties et des usages commerciaux qui ont préséance sur les règles unifiées. Ce qui en fait parfois une question d'interprétation du contrat ou une question de comblement des lacunes de ce droit uniforme de la vente internationale. En ce sens, ce dernier droit diffère des droits nationaux qui sont plus clairs à cet égard. Quant aux conditions de la résolution du contrat pour non-conformité des documents, quel que soit le système national considéré, la solution qu'il consacre contraste avec celle prévue par la Convention de Vienne qui n'admet une telle sanction qu'en présence d'une contravention essentielle. Cette dualité entre droits nationaux et droit matériel uniforme nous met en face d'un constat bien évident: l'avènement de la Convention de Vienne sur la vente internationale de marchandises et la règle de la contravention essentielle qu'elle consacre, perturbent le paysage juridique jusqu'ici en vigueur dans chacun des États signataires. Ce qui justifie tout l'intérêt du sujet: la contravention essentielle par opposition à la règle de la stricte conformité et celle basée sur l'importance du préjudice prévues par les droits internes sont-elles des règles exclusives l'une de l'autre? La réponse est loin d'être certaine en dépit des convergences possibles dans le dénouement du contentieux de la résolution, même si par ailleurs il faut admettre qu'il s'agit de régimes juridiques bien différents. Tout en subordonnant la résolution du contrat à l'existence d'une contravention essentielle, lorsque la Convention de Vienne s'applique (DEUXIÈME PARTIE), la présente étude propose une interprétation de celle-ci en examinant son contenu ainsi que les différentes sources qui interfèrent dans sa mise en œuvre afin de démontrer que ce droit uniforme, malgré ses limites, régit les aspects documentaires de la vente internationale (PREMIÈRE PARTIE).

Youth engagement: the ethics of inclusion and exclusion

This study focuses on the engagement of children and youth in their communities and the ways they are included in and excluded from community life. Using a content analysis of a small town United States newspaper over a one-year period, examples of engagement were identified and classified into 12 categories: programs, clubs and special events; fundraising and community service; business and community support; participation in community events; school events; athletic and other performances; employment; involvement in local planning and decision making; serving as a community representative; visibility and recognition; criminal activity and accidents; and use of public space. Examples of community exclusion were identified as well. Young people were engaged primarily through activities that were adult-directed or supervised, or organized through schools, churches, and youth clubs. There was little involvement in local planning, decision making, or activism. Some evidence existed of peer teaching, leadership, and self-initiated activities, as well as intentional efforts by adults to give youth a greater voice in community activities. Implications include several ethical issues regarding the role of young people in community life, particularly young children, and the need for greater awareness on the part of communities of the contributions young people can make.

The Power and Promise of Developmental Systems Theory

I argue that it is time for many feminists to rethink their attitudes towards evolutionary biology, not because feminists have been wrong to be deeply sceptical about many of its claims, both explicit and implicit, but because biology itself has changed. A new appreciation for the importance of development in biology has become mainstream and a new ontology, associated with developmental systems theory (DST), has been introduced over the last two decades. This turn challenges some of the features of evolutionary biology that have most troubled feminists. DST undermines the idea of biologicales sence and challenges both nature /nurture and nature/culture distinctions. Freed from these conceptual constraints, evolutionary biology no longer poses the problems that have justified feminist scepticism. Indeed, feminists have already found useful applications for DST and I argue that they should expand their use of DST to support more radical and wide-ranging political theories.

An Epistemic Argument in Support of Liberal Neutrality

My aim in the present paper is to develop a new kind of argument in support of the ideal of liberal neutrality. This argument combines some basic moral principles with a thesis about the relationship between the correct standards of justification for a belief/action and certain contextual factors. The idea is that the level of importance of what is at stake in a specific context of action determines how demanding the correct standards to justify an action based on a specific set of beliefs ought to be. In certain exceptional contexts –where the seriousness of harm in case of mistake and the level of an agent’s responsibility for the outcome of his action are specially high– a very small probability of making a mistake should be recognized as a good reason to avoid to act based on beliefs that we nonetheless affirm with a high degree of confidence and that actually justify our action in other contexts. The further steps of the argument consist in probing 1) that the fundamental state’s policies are such a case of exceptional context, 2) that perfectionist policies are the type of actions we should avoid, and 3) that policies that satisfy neutral standards of justification are not affected by the reasons which lead to reject perfectionist policies.