Comments and Discussions : Yuko ARAYAMA (荒山裕行)

Cette thèse explore le phénomène de whistleblowing et comment il a été encadré, principalement du point de vue anglo-saxon, à travers des lectures proches de récits culturels et une vue critique sur l'érudition existante sur whistleblowing. À travers des lectures rapprochées d'une sélection de cas, la poursuite, l'importance et l'impact de la vérité apparaîtront comme le thème central dans les récits culturelles explorées, mais aussi les moments où la vérité est rendu impuissante, en raison de sa nature coercitive comme factualité. L'impuissance de la vérité vécue par les lanceurs d'alerte ("les whistleblowers") est ce qui relie d'autre part les récits culturels à l'art tragique. Les diseurs de vérité ne sont pas reconnus, et ils entrent dans un conflit tragique parce qu'elles révèlent des vérités qui ne sont pas pratiques pour les gens au pouvoir. En d'autres termes, les whistleblowers, en disant la vérité, cherchent à élargir l'espace épistémique dans la sphère publique et à tenir les gens et le pouvoir responsables. Cependant, ils sont continuellement négativement encadrés avec des métaphores conceptuelles qui obstruent la perception d'eux en tant que conteurs de la vérité. / This dissertation posits that whistleblowing is factual truth-telling, or truthful public denunciation. In scholarship, media, and in the popular perception of whistleblowing, the truth-claim is often overlooked, and in many occasions hampered by the dominant ways it is framed (e.g. as leak, which is explored among other frames as a problematic conceptual metaphor). Interestingly, the representation of the whistleblower is different in cultural narratives. Through close readings of a selection of cases, the pursuit, importance, and impact of truth will appear as the central theme in the explored plots, but also the moments where truth becomes impotent, due to its coercive nature as factuality - a process that furthermore connects whistleblowing with the idea of the tragic. Put differently, the special literary interest of narratives of whistleblowing is to turn ignorance into knowledge, knowledge into telling, and how the unraveling of truth becomes a reversal of fortune for the truth-teller who enters a particular tragic conflict. As frame, as narrative, and as a modern phenomenon of truthful public denunciation, whistleblowing offers particular moments of truth, often about moments of falsehood, and ultimately seeks to be a moment of impetus: for the public to restore justice, and for readerships and audience of narrative and dramatic configurations to choose or to distance themselves from multiple proposals of justice emplotted - not only ethical justice, but also epistemic, hermeneutical, and testimonial justice. In other words, whistleblowers, by telling the truth, seek to expand the epistemic space in the public sphere and hold people and power accountable.

Storytelling and Reconciliation: Shifts in Frames and Discursive Narratives in Listeners of the Initiative "My Story" in Bosnia and Herzegovina Hana Oberpfalzerová Abstract In Bosnia and Herzegovina, two non-governmental organizations have been running the initiative "My Story" within which three war victims, one Bosniak, one Serb and one Croat, tell their wartime stories and their way to reconciliation in public testimonies in a side-by-side, live setting to an audience of young people or ordinary citizens. The aim of the initiative is to promote reconciliation in the listeners. This doctoral dissertation integrates several disparate fields in order to create an analytical framework for inferring attitude shifts from the discursive narratives recalled by the listeners, and from the frames that connect the single narratives to broader societal discourses within these discursive narratives. Three public testimonies were analyzed and interviews with eighteen listeners from the three Bosnian nations were conducted, some of which were interviewed by phone about four months later to check for further attitude changes. The interview material was analyzed inductively by the means of thematic discourse analysis in order to identify the underlying discursive narratives that were then regrouped into dimensions or...

La lecture foucaldienne des Pères de l'Église dans les années 1980 occupe une place centrale dans son projet de généalogie du sujet moderne. L'un de ses axes le plus important est l'analyse du dire-vrai chrétien. La formation d’un discours analytique de soi, conjuguée avec l'obligation d'obéissance totale à l'autre constitue une partie essentielle de la subjectivation chrétienne. Notre analyse porte sur les diverses formes que prend l'obligation fondamentale de manifester sa vérité, dans les trois pratiques chrétiennes du baptême, de la pénitence et de la direction de conscience. Nous proposons une lecture critique de l'analyse foucaldienne du dire-vrai chrétien dans le cours de 1980 Du gouvernement des vivants, Mal faire dire vrai et Les aveux de la chair, en examinant la singularité de sa méthode par rapport aux historiens. Nous retraçons également l'évolution de la manière dont Foucault problématise son analyse du christianisme et en élargit le cadre historique. Nous proposons enfin une approche comparative du dire-vrai dans la philosophie confucéenne et le christianisme primitif. / The Foucaldian reading of the Church Fathers in the 1980s occupies a central place in his project of genealogy of the modern subject. One of its most important axes is the analysis of the Christian notion of truth-telling. The formation of an analytic discourse of self, combined with the obligation of total obedience to the other, is an essential part of Christian subjectivity. Our analysis focuses on the various forms of the basic obligation to manifest one's truth in the three Christian practices of baptism, penance, and the direction of consciousness. We propose a critical reading of the Foucauldian analysis of the Christian truth-telling in the course of 1980, On the Government of the living, Wrong-doing, Truth-telling and Confessions of the Flesh, by examining the singularity of its method compared to historians. We also retrace the evolution of the way Foucault problematizes his analysis of Christianity and broadens the historical context. Finally, we propose a comparative reading of the notion of truth-telling both in Confucian philosophy and early Christianity.

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This study used narrative inquiry to answer the question “What are the stories of older adults who choose not to share information with health care professionals?” The study explored the experiences of older adults who did not share information with health care professionals (HCPs), who they defined as doctors. A thematic analysis of five participants’ stories revealed three themes: Illusions of Care, describing the participants’ experiences with doctors before they chose not to share information; The Last Straw, revealing the final incident that caused participants to choose not to share information; and The Mask of the Non-sharing Older Adult, describing how participants interacted with their doctors after they decided not to share information. Relationship development between older adults and their doctors, sensitive topics, issues and perceptions of ageing, and structure of the health care system contribute to the complex issue of older adults not sharing information. The decision not to share information with health care professionals may adversely affect the health and health care of older adults.

This study used narrative inquiry to answer the question “What are the stories of older adults who choose not to share information with health care professionals?” The study explored the experiences of older adults who did not share information with health care professionals (HCPs), who they defined as doctors. A thematic analysis of five participants’ stories revealed three themes: Illusions of Care, describing the participants’ experiences with doctors before they chose not to share information; The Last Straw, revealing the final incident that caused participants to choose not to share information; and The Mask of the Non-sharing Older Adult, describing how participants interacted with their doctors after they decided not to share information. Relationship development between older adults and their doctors, sensitive topics, issues and perceptions of ageing, and structure of the health care system contribute to the complex issue of older adults not sharing information. The decision not to share information with health care professionals may adversely affect the health and health care of older adults.

The therapeutic privilege is a defence in terms of which a doctor may withhold information from a patient if disclosure of such information could harm the patient. This study explores the defence of therapeutic privilege and provides a critical evaluation. A comparative investigation is undertaken, while arguments springing from a variety of disciplines are also incorporated. A number of submissions are made for limiting the ambit of the defence. The main submission is that the therapeutic privilege should comply with all the requirements of the defence of necessity. In addition, it should contain some of the safeguards afforded to the patient by the requirements of the defence of negotiorum gestio so that therapeutic privilege is out of the question if medical treatment is administered against the patient's will, or the doctor has reason to believe (or knows) that the patient will refuse to undergo an intended intervention once properly informed. / Jurisprudence / L.L.M. (Jurisprudence)

In recent years the field of reparations for indigenous peoples has increased remarkably. Past wrongs made by states in the distant past has become more important to highlight, not only because of the memories of historical injustice, but because of how the past impacts the future, and not least, still appears as structures of discrimination remaining from the past.   As an indigenous people the Saami people living in Sweden have experiences of both historical injustices as well as todays struggle with discrimination on different levels. Mostly regarding their right to be a part of decisions concerning them and the right of culture, language, identity, land and nature resources, fundamental for them as a people. In order to change their situation and to search for redress the Saami people in Sweden have announced their need of a truth commission. The Saami people are not the first indigenous people whom search for redress through a truth commission, but is it possible to learn from others?   With this in mind, my study aim to look at practical experiences of truth commissions in Canada and New Zealand and further, examine what the Saami people in Sweden hope to achieve with a truth commission. Thereafter, I weight other indigenous peoples experiences of a truth commission with the Saami peoples expectations to find out what keys need to be considered to increase the outcome of a truth commission. Where theory, practical experience and Saami expectations connects is where the key issues can be found. Given this, my study suggests that five different key issues must be thought through and shall not be underestimated as they may have an effect on the ongoing process as well as on the results and the aftermaths. The key issues that is suggested is as follows: 1) political will, 2) the role and engagement of Civil Society, 3) the Saami´s own involvement 4) the problem of what focus the commission should have, and 5) the awareness of “tough” questions coming up.

The therapeutic privilege is a defence in terms of which a doctor may withhold information from a patient if disclosure of such information could harm the patient. This study explores the defence of therapeutic privilege and provides a critical evaluation. A comparative investigation is undertaken, while arguments springing from a variety of disciplines are also incorporated. A number of submissions are made for limiting the ambit of the defence. The main submission is that the therapeutic privilege should comply with all the requirements of the defence of necessity. In addition, it should contain some of the safeguards afforded to the patient by the requirements of the defence of negotiorum gestio so that therapeutic privilege is out of the question if medical treatment is administered against the patient's will, or the doctor has reason to believe (or knows) that the patient will refuse to undergo an intended intervention once properly informed. / Jurisprudence / L.L.M. (Jurisprudence)