bluuebunny/crossref_metadata_2025_split huggingface dataset:
Shifting paradigms? Reflections on regenerative medicine, embryonic stem cells and pharmaceuticals
Authors: Wainwright Steven P. , Michael Mike , Williams Clare 
Published: October 2008

AbstractWill human embryonic stem (hES) cells lead to a revolutionary new regenerative medicine? We begin to answer this question by drawing on interviews with scientists and clinicians from leading labs and clinics in the UK and the USA, exploring their views on the bench‐bedside interface in the fields of hES cells, neuroscience and diabetes. We employ Bourdieu's concepts of field, habitus and capital in order to understand stem cell science and cell transplantation. We also build on research on the sociology of expectations, and explore expectations of pharmaceutical approaches in hES research through our concept of ‘expectational capital’. In the process we discuss emerging expectations within stem cell research, most especially the ‘disease in a dish’ approach, where hES cells will be used as tools for unravelling the mechanisms of disease to enable the development of new drugs. We argue that experts’ persuasive promises advance their interests in the uncertain stem cell field, and explore how this performative strategy might stabilise the emerging ‘disease in a dish’ model of translational research.
The sociology of pharmaceuticals: progress and prospects
Authors: Williams Simon J. , Gabe Jonathan , Davis Peter 
Published: October 2008

AbstractThis paper takes a critical look at progress and prospects regarding the sociology of pharmaceuticals over the years. Key themes examined include: (i) medicalisation and pharmaceuticalisation; (ii) regulation; (iii) consumption and consumerism; (iv) expectations and innovation. Papers in the monograph are also introduced and discussed in relation to these themes. The paper concludes with some further comments and reflections on progress and prospects in this field, emphasising the continuing importance of sociological engagement with these personal and political issues in the 21st century.
New forms of citizenship and socio‐political inclusion: accessing antiretroviral therapy in a Rio de Janeirofavela
Authors: Cataldo Fabian 
Published: October 2008

AbstractBrazil has received praise internationally for its national health policy against HIV. Whilst the ethical stance of the Brazilian programme has been widely applauded, there is a lack of empirical data on how the commitment to equitable and universal HIV prevention and treatment works in practice among the poorest population groups. The aim of this paper is to explore the broad ethics of the Brazilian AIDS programme by investigating how universal access to HIV treatment is being implemented within afavela(shanty town). Data collected through anthropological research show that in settings such as thefavelas, the universal character of this public health programme is challenged by a number of issues such as local definitions of illness, problems related to the understanding of and adherence to treatment, structural violence, political alienation, and lack of perspectives about the future. It is also argued that such health intervention has contributed to the promotion of novel attitudes towards individual notions of socio‐political participation. These are explored with reference to the notion of therapeutic citizenship, which in the context of afavelaneighbourhood translates into a new set of concerns around free access to and availability of treatment, the right to health care and the sustainability of public health policies.
SACRIFICIAL AGAPE AND GROUP SELECTION IN CONTEMPORARY AMERICAN CHRISTIANITY
Authors: Tillman J. Jeffrey 
Published: October 2008

Abstract.Human altruistic behavior has received a great deal of scientific attention over the past forty years. Altruistic‐like behaviors found among insects and animals have illumined certain human behaviors, and the revival of interest in group selection has focused attention on how sacrificial altruism, although not adaptive for individuals, can be adaptive for groups. Curiously, at the same time that sociobiology has placed greater emphasis on the value of sacrificial altruism, Protestant ethics in America has moved away from it. While Roman Catholic ethics has a longstanding tradition emphasizing an ordering of love, placing love of self second only to love for God, Protestant ethics in America has adopted a similar stance only recently, replacing a strong sacrificial ethic with one focusing on mutual regard for self and others. If sociobiology is correct about the significance of sacrificial altruistic behaviors for the survival of communities, this shift away from sacrificial agape by American Christianity may cut the community off from important resources for the development of a global ethic crucial for the survival of that faith community and humankind itself.
EVIDENCE AND FALSIFICATION: CHALLENGES TO GREGORY PETERSON
Authors: Jones Nicholaos 
Published: October 2008

Abstract.In this reply to Gregory Peterson's essay “Maintaining Respectability,” which itself is a response to my “Is Theology Respectable as Metaphysics?” I elaborate upon my claims that theology treats God's existence as an absolute certainty immune to refutation and that modern science constitutes the canons of respectable reasoning for metaphysical disciplines. I conclude with some comments on Peterson's “In Praise of Folly? Theology and the University.”
NATURALISTIC METHODOLOGY IN AN EMERGING SCIENTIFIC PSYCHOLOGY: LOTZE AND FECHNER IN THE BALANCE
Authors: McDonald Patrick 
Published: October 2008

Abstract.The development of a methodologically naturalistic approach to physiological and experimental psychology in the nineteenth century was not primarily driven by a naturalistic agenda. The work of R. Hermann Lotze and G. T. Fechner help to illustrate this claim. I examine a selected set of central commitments in each thinkers philosophical outlook, particularly regarding the human soul and the nature of God, that departed strongly from a reductionist materialism. Yet, each contributed significantly to the formation of experimental and physiological psychology. Their work was influenced substantively by their respective philosophical commitments. Nevertheless, the evaluation of the merits of their specific proposals, Fechner's psychophysics and Lotze's local sign hypothesis respectively, did not depend upon sharing their metaphysical views regarding the human soul or the nature of God. A moderate, but significant, distinction between the contexts of discovery and of justification aids in understanding this balancing act.
MAN OF SCIENCE, MAN OF FAITH: PIERRE DUHEM'S “PHYSIQUE DE CROYANT”
Authors: Deltete Robert J. 
Published: October 2008

Abstract.The essay “Physique de croyant” is an important statement of Pierre Duhem's position on the relation between his science and his religion. Duhem trod a difficult path, some might say an impossible one, in Republican France because he was both a physicist and a devout Catholic. In this essay, using “Physique de croyant” as a touchstone, I explore the way in which he tried to reconcile his conflicting allegiances. There are several strands in Duhem's strategy that need to be teased out. First, Duhem sought to defend his science against the charge that it was materialist and atheist. He did this with his claim, usually called the autonomy thesis, that physics and metaphysics are fundamentally different enterprises—that physics, properly conducted, has no metaphysical implications and requires no metaphysical support. This did not deny metaphysics its rightful territory. Second, Duhem used his segregationist position to defend the Roman Catholic Church against the assaults of the positivist scientism then in favor with the Republicans. Third, he also sought to protect his science against fellow Catholics who wanted to use it for polemical purposes. I develop and evaluate these lines of defense.
QUESTIONING SCIENTIFIC FAITH IN THE LATE NINETEENTH CENTURY
Authors: Gregory Frederick 
Published: October 2008

Abstract.The late nineteenth century was not only a time in which religious faith was questioned in light of increasing claims of natural science. It is more accurate to see the familiar Victorian crisis of faith as but one aspect of a larger historical phenomenon, one in which the methods of both religion and science came under scrutiny. Among several examinations of the status of scientific knowledge in the waning decades of the century, the treatment of the subject by the German theologian Wilhelm Herrmann and philosopher Hans Vaihinger rejected its objective nature and denied that either scientists or theologians had access to the truth of nature. Although this stance regarding the nature of science, religion, and their relationship was limited to intellectuals in German society at the time, it foreshadowed developments in our own day in which the traditional search for truth has been problematized.
STRUCTURES OF EVIL ENCOUNTERED IN PASTORAL COUNSELING
Authors: Davis Marjorie Hall 
Published: October 2008

Abstract.This essay explores some relationships between social structures or systems and the internal psychological structures or systems of individuals. After defining evil, pastoral counseling, and structures or systems, I present examples of persons affected by social systems of power who have sought counseling. I present a form of counseling known as Internal Family System Therapy (IFS) and show with an extended example how I have worked with clients using this approach. In this process the client is guided to use “Self‐leadership” in healing and transforming inner conflict between various subpersonalities or “parts.” I then compare the IFS approach to one used by mediators in community conflict transformation and peacebuilding.
SCIENCE‐AND‐RELIGION/SPIRITUALITY/THEOLOGY DIALOGUE: WHAT FOR AND BY WHOM?
Authors: Reich K. Helmut 
Published: October 2008

Abstract.In recent years the science‐and‐religion/spirituality/theology dialogue has flourished, but the impact on the minds of the general public, on society as a whole, has been less impressive. Also, religious believers and outspoken atheists face each other without progressing toward a common understanding. The view taken here is that achieving a more marked impact of the dialogue would be beneficial for a peaceful survival of humanity. I aim to argue the why and how of that task by analyzing three possible purposes of the dialogue and their logical interdependence, suggest conceivable improvements of the quality and extent of the current efforts toward a negotiated action plan, and consider an enlargement of the circle of the actors involved. The dialogue that has been carried on between science and religion/spirituality/theology could be expanded and usefully applied to some major problems in the present world.
TOTEMISM, METAPHOR AND TRADITION: INCORPORATING CULTURAL TRADITIONS INTO EVOLUTIONARY PSYCHOLOGY EXPLANATIONS OF RELIGION
Authors: Palmer Craig T. , Steadman Lyle B. , Cassidy Chris , Coe Kathryn 
Published: October 2008

Abstract.Totemism, a topic that fascinated and then was summarily dismissed by anthropologists, has been resurrected by evolutionary psychologists’ recent attempts to explain religion. New approaches to religion are all based on the assumption that religious behavior is the result of evolved psychological mechanisms. We focus on two aspects of Totemism that may present challenges to this view. First, if religious behavior is simply the result of evolved psychological mechanisms, would it not spring forth anew each generation from an individual's psychological mechanisms? Yet, Australian Totemism, like other forms of Totemism, is profoundly traditional, copied by one generation from the prior ones for hundreds of generations. Regardless of personal inclinations, individuals are obligated to participate. Second, it is problematic to assume that all practitioners of Totemism actually believe their religious claims. We propose an alternative explanation that accounts for the persistence of Totemism and that does not rely on an assumption that its practitioners are preliterate or naive because they have strange beliefs. We focus on Totemism as a cultural mechanism aimed at building and sustaining social relationships among close and distant kinsmen.
Psychological Bias as a Driver of Financial Regulation
Authors: Hirshleifer David 
Published: October 2008

Abstract I propose here the psychological attraction theory of financial regulation – that regulation is the result of psychological biases on the part of political participants – voters, politicians, bureaucrats, and media commentators; and of regulatory ideologies that exploit these biases. Some key elements of the psychological attraction approach are: salience and vividness, omission bias, scapegoating and xenophobia, fairness and reciprocity norms, overconfidence, and mood effects. This approach further emphasises emergent effects that arise from the interactions of individuals with psychological biases. For example, availability cascades and ideological replicators have powerful effects on regulatory outcomes.
The Long‐Term Effect of the Sarbanes‐Oxley Act on Cross‐Listing Premia
Authors: Litvak Kate 
Published: October 2008

Abstract This paper uses a triple difference approach to assess whether the adoption of the Sarbanes‐Oxley Act predicts long‐term changes in cross‐listing premia of affected foreign firms. I measure cross‐listing premia as the difference between the Tobin's q of a cross‐listed company and a non‐cross‐listed company from the same country matched on propensity to cross‐list (first difference). I find that average premia for firms cross‐listed on levels 2 or 3 (subject to SOX) declined in the year of SOX adoption (2002) and remained significantly below their pre‐SOX level through year‐end 2005 (second difference). Firms listed on levels 2 or 3, which are subject to SOX, experienced larger declines in premia than firms listed on levels 1 or 4, which are not subject to SOX (third difference). The estimated decline is 0.15–0.20 depending on specification. Riskier firms and firms from high‐disclosing and high‐GDP countries suffered larger post‐SOX declines. Firm size predicts smaller declines in premia in well‐governed countries. Faster‐growing firms in poorly‐governed countries experienced smaller declines in premia. The results are robust to the use of different before‐and‐after periods; the use of annual, quarterly, or monthly data; the use of individual companies' Tobin's q's instead of matched pairs, and different regression specifications. The overall evidence is consistent with the view that SOX negatively affected cross‐listed premia, and particularly hurt riskier firms and firms from well‐governed countries, while perhaps helping high‐growth firms from poorly‐governed countries. At the same time, after‐SOX, level‐23 firms continue to enjoy a substantial premium, estimated at about 0.32.
Corporate Governance When Managers Set Their Own Pay
Authors: Ruiz‐Verdú Pablo 
Published: October 2008

Abstract This paper presents a model of the firm in which the manager has discretion over his own compensation, constrained only by the threat of shareholder intervention. The model addresses two main questions. How does shareholder power affect managers' compensation and their incentives to maximise firm value? And what is the optimal level of shareholder power? Expectedly, the model shows that increasing shareholder power leads to lower managerial pay. Greater shareholder power, however, also weakens the manager's incentives to maximise value and may even lead to lower profits for shareholders. There might, thus, be too much, as well as too little, shareholder power. The model characterises the optimal level of shareholder power and yields predictions about the relation between shareholder power, managerial pay, performance and firm characteristics.
The European Judicial Organisation in a New Paradigm: The Influence of Principles of ‘New Public Management’ on the Organisation of the European Courts
Authors: Mak Elaine 
Published: October 2008

AbstractRecent reforms regarding the European Courts raise the question in which way do ‘new public management’ principles influence the European judicial organisation and how is a balance struck between these principles and classic ‘rule of law’ principles? The article first presents a classification of these types of principles in the framework for discussion regarding the European judicial organisation. Starting out from two paradigms, an inquiry is made into the status of the two sets of principles in the present‐day European ‘constitutional’ framework. Second, the interaction of principles is investigated with regard to a number of current dilemmas, including the demarcation of the judicial domain, the management of the Courts and the distribution of judicial competences.
Why Do the European Court of Justice Judges Need Legal Concepts?
Authors: Leczykiewicz Dorota 
Published: October 2008

AbstractThe article considers the reasons why the European Court of Justice (ECJ) judges need legal concepts when they pronounce their judgments. It points out that the ECJ as a law‐interpreting and an ipso facto law‐making court needs legal concepts to communicate results of its interpretative and law‐making enterprise. The article also shows how in the context of Article 234 EC preliminary ruling procedure legal concepts become useful tools of portraying ECJ judgments as mere products of interpretation and not as the results of subsuming the facts of the case into a legal provision. It is by means of application of legal concepts, that the ECJ judges are able to justify that they are not overstepping the mandate they have been entrusted with. In the same time the use of legal concepts enables them to engage in dialogue with national judges, who seek guidance as to the content of EC law rules, and to maintain a strong doctrine of precedent. Most importantly, however, the use of concepts promotes coherence which, the article maintains, is the primary source of Community law's authority, and thus constitutes the foundational technique of persuading the relevant audience that Community law is indeed a legal system.
The National Judiciary—Sword of European Court of Justice Rulings: The Example of the Kohll/Decker Jurisprudence
Authors: Obermaier Andreas J. 
Published: October 2008

AbstractThe role of the national judiciary in enforcing EC law, and particularly European Court of Justice (ECJ) rulings, has been largely neglected by empirical legal and political science research. Existing research has categorised the role of the national judiciary as either shielding national legislation from the ECJ or as serving as a ‘sword’ to foster integration and to force change on reluctant governments. This article sides with the second assumption and attempts to empirically assess it using the example of the patient mobility jurisprudence by the ECJ, the so‐called Kohll/Decker jurisprudence. The three case studies on France, the UK and Germany show that national courts played an important role in overcoming the resistance against this jurisprudence: via a multiplication of national court cases that contradicted domestic legislation they forced the legislator to end judicial uncertainty.
National Judges, Community Judges: Invitation to a Journey through the Looking‐glass—On the Need for Jurisdictions to Rethink the Inter‐systemic Relations beyond the Hierarchical Principle
Authors: Giorgi Florence , Triart Nicolas 
Published: October 2008

AbstractThe historical conflict between the European Court of Justice (ECJ) and the national constitutional courts regarding primacy is a misunderstanding. In going through the looking‐glass, we can understand that, on the contrary, the ECJ and the national constitutional courts adopt comparable solutions in their treatment of legal pluralism, and that they see the negation of pluralism as essential for the survival of their own legal orders. Therefore, these judges must be offered a new theoretical context to help them reconcile their role as supreme guardian with the taking into account of the pluralist context. Finally, practical proposals must be made to give judges the instruments and techniques that are capable of reflecting this plural structure.
European Competition Soft Law in European Courts: A Matter of Hard Principles?
Authors: Ştefan Oana Andreea 
Published: October 2008

AbstractThis article analyses whether and how competition soft law instruments are taken into consideration by the European Courts and the Advocates General. The quantitative analysis of the case‐law reveals that even if arguments based on competition guidelines or notices were brought to court since the early days of European law, it is only during the last two decades that they have been taken seriously. The results of the qualitative analysis point to the fact that soft law instruments are considered by the European Courts an important and specific part of the body of European norms that they should use when deciding cases submitted for their judgment. Legal effects are recognised to these not legally binding instruments, but only when it serves the enforcement of hard, general principles of law.
Networks of European National Human Rights Institutions
Authors: De Beco Gauthier 
Published: October 2008

AbstractThis article concerns the networks of European national human rights institutions (NHRIs). It examines how the sharing of best practices takes place through networks and how NHRIs achieve cooperation at both the international and regional levels. The article also analyses NHRI cooperation within three organisations: the United Nations, the Council of Europe and the EU. While cooperation at the international level facilitates their accreditation according to their compliance with the Paris Principles and enables them to participate in the sessions of the Human Rights Council, cooperation at the European level allows them to exchange information on issues of common concern and strengthens their relationship with regional bodies. In Europe, NHRIs cooperate with the Commissioner for Human Rights of the Council of Europe and might also do so with the recently established Fundamental Rights Agency of the EU.
The European Group on Ethics: Law, Politics and the Limits of Moral Integration in Europe
Authors: Plomer Aurora 
Published: October 2008

AbstractAbstract: The article offers a critical review of the institutional role of the European Group on Ethics in the EU, focusing on the appointment and composition of the group, the nature of its ‘opinions’, the way these are used by the Commission and other EU institutional actors, looking in particular at its controversial Opinion 22 on the ethical review and funding of stem cell research under the FP7 programme. The analysis highlights the methodological difficulties faced by the group in the grounding of its Opinions, the blurring of normative moral and legal orders, the risk of politicisation of ethics and the potential overreach by the EU of its competences in reliance on a group of this kind to reach unity on deeply contested moral questions in a culturally and morally diverse Europe.