이 글은 「잡학변」의 를 분석함으로써 주희의 격물치지설을 고찰하였다. 「잡학변」은 주희가 당시 유학자들에게 유행하였던 노자와 불교의 경향을 비판하기 위해 지었다. 주희는 를 통해 格物致知 해석에 스며있는 여본중의 불교적 이해를 비판하였다. 여본중은 격물치지를 수양주체가 사물의 理를 궁구함으로써 자신의 良知를 잘 발현시키는 일련의 과정으로 보았다. 그는 격물치지에서 오랜 축적의 과정보다는 수양 주체의 마음에 더 주목하여, ‘깨달음을 준칙으로 삼으라(以悟爲則)’고 하였다. 주희는 이를 불교와 같다고 규정하였다. 이에 비해 주희는 완성된 앎에 이르기 위해서 하나하나의 앎을 수없이 쌓아가야 한다고 생각했다. 특히 그는 理를 파악할 때, 일상에서의 익숙하게 (...) 보고 듣는 사물에서 그 이치가 유래하는 것까지, 즉 ‘사물의 이치’에서 ‘사물이 그렇게 된 까닭’까지 나아가야 한다고 보았다. 주희는 초기에 『대학』의 格物을 다분히 정치 사상적 의미에서 접근하였지만, 여본중의 격물설을 비판하는 과정에서 ‘리일분수’의 이론적 도구로 사유의 폭을 확장하였다. 그런 의미에서 주희의 여본중 비판은 불교와의 투쟁이자, 자기 철학의 심화 과정이었다. (shrink)

L’objectif de cet article est de recenser quelques problématiques de philosophie morale susceptibles d’éclairer la nature des interactions sur les sites de rencontres. L’abondance du possible pose la question du rôle de l’imagination. Mais le virtuel n’est pas réductible au fictif et au fantasme, car les échanges à distance sont bien réels. Les témoignages et les enquêtes sociologiques révèlent qu’ils instaurent une sorte d’état de nature où domine la défiance suscitée par la mauvaise foi généralisée. La communication s’oriente donc vers (...) des échanges standardisés, conformes aux valeurs du « marketing de la séduction », et, paradoxalement, vers une dépersonnalisation des protagonistes. Mais le jeu avec l’identité se heurte au problème de la responsabilité morale et aux nouveaux puzzles moraux que suscitent les univers virtuels. À titre d’exemple, il semble très difficile de répondre à la question de savoir si un adultère virtuel constitue ou non une faute morale.This article looks into a series of moral philosophy issues that may shed light on the nature of the interactions taking place on web dating sites. Their wealth of possibilities raises the question of the role of imagination, but the virtual world is more than just fiction and fantasy, since the cyber-exchanges taking place are real. Personal stories and sociological surveys show that these exchanges establish a kind of natural state in which suspicion, arising from a sense of systematic bad faith, prevails. Communication therefore generally follows a standard pattern that obeys the rules of “seduction marketing” and, paradoxically, tends to depersonalise the protagonists. But the identity game then comes up against the question of moral responsibility and the new moral quandaries raised by the virtual world: it seems very difficult to decide, for example, whether virtual adultery is morally wrong, or not. (shrink)

L’amour conjugal existe au Moyen Âge, la littérature en est un lieu d’expression privilégié. Visible également dans les sources épistolaires ou notariales, il est cependant plus difficile à aborder à travers les archives judiciaires, notamment les procès matrimoniaux ecclésiastiques. L’officialité de Saragosse au xve siècle est par excellence la cour où sont jugés les litiges conjugaux. Les procès consultés offrent un récit récurrent de la relation conflictuelle entre époux et laissent à penser que l’amour n’y a guère sa place. Ce (...) n’est pas totalement vrai. Les affaires d’adultère, les unions clandestines, les demandes de solennisation de mariage ne sont pas toutes déposées ou dénoncées au seul motif de haine et de discorde. Les sentiments sont parfois bien présents, sous-jacents, et attendent seulement d’être lus à travers des actes, des mots précis (amor, affectio, cavalgar, enamorar) ou même des silences. (shrink)

Plusieurs sagesses démotiques de l’Égypte ancienne rédigées entre le ve et le ier siècle avant notre ère déconseillent à leur lecteur d’entretenir des relations sexuelles avec des femmes mariées. Si la perception négative de l’adultère est évidente dans les extraits étudiés, qu’en est-il du consentement des femmes? Est-il possible d’établir si ces relations étaient consenties ou non? L’analyse de la terminologie et du contexte des occurrences ainsi que la comparaison avec d’autres textes issus de la littérature démotique permettent à (...) l’auteure de souligner qu’en réalité, ce n’est pas le consentement des partenaires qui doit être interrogé mais la prise en compte de ce consentement par les auteurs des textes. Ces documents nous renseignent ainsi sur la perception de la sexualité féminine dans la société égyptienne aux époques tardives. (shrink)

Just Business provides the first comprehensive, reasoned framework for resolving questions of business ethics and corporate governance. Innovative, accessible, and global in scope, its powerful Ethical Decision Model can be used to manage the ethical problems of business as they arise in all their complexity and variety. Just Business combines business realism with philosophical rigor, and demonstrates that it is not necessary to emasculate or to adulterate business for business to be ethical. The book benefits from Elaine Sternberg's extensive experience (...) as an academic philosopher, an international investment banker, and head of successful businesses. She is now Principal of a London-headquartered consultancy firm, and Research Fellow in Philosophy at the University of Leeds. (shrink)

Male aggression against females in primates, including humans, often functions to control female sexuality to the male’s reproductive advantage. A comparative, evolutionary perspective is used to generate several hypotheses to help to explain cross-cultural variation in the frequency of male aggression against women. Variables considered include protection of women by kin, male-male alliances and male strategies for guarding mates and obtaining adulterous matings, and male resource control. The relationships between male aggression against women and gender ideologies, male domination of women, (...) and female sexuality are also considered. (shrink)

Forgiveness and Revenge is a powerful exploration of our attitudes to serious wrongdoings and a careful examination of the values that underlie our thinking about revenge and forgiveness. From adulterous spouses to terrorist factions, we are surrounded by wrongdoing, yet we rarely agree which response is appropriate. The problem of how to respond realistically and sensitively to the wrongs of the past remains a perplexing one. Trudy Govier clarifies our thinking on this subject by examining the moral and practical impact (...) of revenge and forgiveness, both personal and political. Forgiveness and Revenge offers much-needed clarity and reason where emotions often prevail. It is essential reading for anyone interested in the ethics of attitudes to wrongdoing. (shrink)

This book examines the effects of the market mechanism on economies and societies. It argues that perfect competition has a tendency to promote adulteration of products and a general deterioration in quality. It also contends that it is very difficult for competitive firms to behave in socially desirable ways - being kind to the environment, contributing to worthy social programmes, handling redundancy humanely. The book goes on to propose ways in which these flaws might be remedied without subverting the market (...) mechanism. (shrink)

This book explores the Janus-faced features of privacy, and looks at their implications for the control of personal information, for sexual and reproductive freedom, and for democratic politics. It asks what, if anything, is wrong with asking women to get licenses in order to have children, given that pregnancy and childbirth can seriously damage your health. It considers whether employers should be able to monitor the friendships and financial affairs of employees, and whether we are entitled to know whenever someone (...) rich, famous or powerful has cancer, or an adulterous affair. It considers whether we are entitled to privacy in public and, if so, what this might mean for the use of CCTV cameras, the treatment of the homeless and the provision of public facilities such as parks, libraries and lavatories. Above all, the book seeks to understand whether and, if so, why privacy is valuable in a democratic society, and what implications privacy has for the ways we see and treat each other. The ideas about privacy we have inherited from the past are marked by beliefs about what is desirable, realistic and possible which predate democratic government and, in some cases, predate constitutional government as well. Hence, this book argues, although privacy is an important democratic value, we can only realise that value if we use democratic ideas about the freedom, equality, security and rights of individuals to guide our understanding of privacy. (shrink)

How did vanilla, once a rare luxury, become a global sensation? Rather than taking the vanilla flavor of vanilla beans as a pre-existing natural fact, this essay argues that the sensory experience that came to be recognized as vanilla was a hybrid artifact produced by an expanding global trade in a diverse set of pleasurable substances, including cured beans from artificially pollinated vanilla orchids, synthetic vanillin, sugar, and a far-flung miscellany of other botanical and chemical materials. Global trade and large-scale (...) production resulted not in the production of a homogenous, stable commodity, but in a range of local vanillas, heterogeneous mixtures with a range of qualities and virtues. As local commercial and regulatory interests competed to define the origins, and thus the market value, of authentic vanilla flavor, scientific experts were called upon to adjudicate these rival claims. In the United States, these debates played out in the context of the 1906 Pure Food and Drug Act, where efforts to define and chemically enforce a ‘standard’ vanilla extract, in contradistinction from adulterated, ‘imitation’ extracts, clashed with the interests of makers and users of both synthetic and ‘genuine’ vanilla flavorings. As regulatory chemists grappled with the growing variety of vanillas, they were required to determine the appropriate chemical components of genuine vanilla, and consequently to delimit the subjective sensory effects proper to the flavor. Nonetheless, the materials, experiences, and meanings popularly associated with vanilla flavor continued to exceed the limits prescribed by officials. (shrink)

Our article aims to analyze the different stages of the Fang culture, particularly the one of Equatorial Guinea in order to know the current situation of the aforementioned culture. It should be said that the Fang is a social group, an ethnic group that belongs to the Bantu trunk. These Fangs developed their culture from an original perspective; that is to say in a raw state before they made contact with Westerners. Culture is a concept that has gone through many (...) studies, hence it has a variety of definitions. According to the dictionary of the Spanish language of the Royal Academy, culture is the set of ways of life and customs, knowledge and degree of artistic, scientific, industrial development, in a time, of a social group. It is estimated that the term culture carries with it what is identity, and precisely a culture’s identity. Thus, no culture can develop outside a society. With respect to our reference, which is the Fang culture of Equatorial Guinea, it can be said that a cultural profile has been developed and it is measured through cultural elements and manifestations such as dances, beliefs, art, religion, language, myths, funeral rites, etc. they all constitute a rich knowledge from a raw state. Thanks to this research we are going to look chronologically at the stages of the said culture from its original stage reaching colonization to the end with decolonization. The impact that Western culture has had on Fang culture is analyzed from another angle. In accordance with the general objective that consists of studying the Fang culture. Well, it can be seen that the contact with Western culture has greatly adulterated the Fang culture, and today, with the processes of globalization, it is fading even more. As it is a research that addresses a sociocultural issue such as the current situation of the fang culture, we have found it necessary to adopt a qualitative methodology. Well, the reasons that have led us to take this methodology are due to the fact that said methodology consists of the study of social relations. (shrink)

There are good reasons to think that at least a part of Hume's project in the ‘The natural history of religion’ was to buttress a philosophical critique of the reasonableness of religious belief undertaken in other works, and to attack a fundamentalist account of the history of religion and the foundations of morality. But there are also problems with supposing that Hume intended to achieve either of these goals. I argue that two problems in particular – accounting for Hume's neglect (...) of revelation, and accounting for his remarks on the ‘invincibility’ of the reasons for ‘genuine theism’ – can only be resolved by recognizing that Hume's purposes in ‘The natural history’ were not fundamentally critical. If I am right, Hume's purpose was mainly to explain why ‘false’ or ‘adulterate’ forms of religious belief are so widespread and so influential. (shrink)

I begin by contending that an absolute prohibition to avoid resorting to shoot-to-kill, under any circumstances, does not adequately address the considerable negative consequences that could follow. In opening up the question for debate, I seek to alert us to the risks of moral corruption in both thought and practice, but I do not take these to be unassailable. Next, I pose a set of questions in order to interrogate unsafe assumptions and to disambiguate critical language in the shoot-to-kill scenario. (...) (1) How might shoot-to-kill be analogous to self-defence? (2) Should we not distinguish between reasons which could explain from those which do not justify why a suicide bomber acted as they did? (3) Must we avoid entertaining any charges of complicity on the suicide bombers’ behalf? (4) How, if at all, does racial profiling adulterate the grounds for police suspicion? (5) Does “reasonability” differ from “absolute necessity” as a precondition for enacting shoot-to-kill? And, (6), prompted by the injustice of the Jean Charles de Menezes case, can we assess the moral consequences of relocating the moment of decision from the firearms officer to their operational commander? After taking stock of the results of these enquiries, I conclude that resort to 'Kratos' rules of engagement unjustifiably raises the risk of shooting dead an innocent person, compared to the risk from harm that the general population may be reasonably expected to shoulder. (shrink)

This book is an outgrowth of a series of articles originally published in The Progress Magazine under a pseudonym, in which I sought to account for the prevailing mental unrest regarding subjects of religious and philosophical import. These articles attracted much attention from careful students of the times, and there have been many requests for the republication thereof in book form under my own name. Accordingly, the publishers of the articles requested me to revise the several papers, and to add (...) thereto such further matter as I might think proper. I have gone over the original articles, taking away a little here and adding much there. Several entirely new subjects have been considered and inserted in their proper places in the text. At least one third of the present book is entirely new, having been added to the revised form of the original articles. I have purposely quoted freely from good authorities, that the reader may have the benefit of the thought of a number of competent persons upon the various phases of the subject, in addition to what I have personally thought and written. I have sought merely to tell my story in a plain, simple manner, without any attempt at fine writing, literary excellence, or display of technical philosophical knowledge. My desire has been to place in the hands of the everyday busy man and woman a book from the pages of which they may gain a general knowledge of the causes of the modern mental unrest-an idea of what is going into this great melting pot of thought; what is happening there; and what is likely to be poured forth from it. To many, the numerous new "isms," "ologies" and cults, are entirely new- something sprung full grown from the brains of their founders. The absence of an elementary acquaintance with the history of philosophy, on the part of the average man and woman, has given to many new prophets and founders of cults an unmerited and unwarranted importance and authority. I trust that this book will enable some of those who have been perplexed and worried over these new (?) "isms," and teachings, to learn the true sources of those startling conglomerations of metaphysics, philosophy and theology, and thus once more to regain their mental bearings. It is also my hope that some who have a tendency toward philosophical study may be inspired by this book to go to the proper sources of such knowledge-to the masters of this branch of thought-instead of sitting at the feet of the, too often, freakish, irresponsible, and bizarre founders and teachers of the pseudo schools and cults, who have been revamping the old teachings, dressing them in fantastic garb, and offering them (usually at a high rate of compensation) to those who have felt the hunger for wisdom and the thirst for information, but who lacked the knowledge of the places where these things could be had at first hand, pure and free from the adulterations of these self constituted middle men in the great market of Philosophy. (shrink)

Victor Basch. CHAPITRE II ANDROMAQUE u'EuimiDE Traduction en vers de MM . Silvain et Jaubert. Après avoir subi tant de pièces « de guerre » ravalant au niveau de l'adultère coutumier la plus formidable des catastrophes; après tant de  ...

This essay examines the construction of a symbolic figure who has worked to support the reordering of power relationships. It is the invention of a foreign enemy, Islamic radicalism from which United States has served its objectives of establishing a new hegemony. Since the terrorist threat, has extended a speech level that adulterated and showed us a world divided into two opposite poles: a virtuous and civilized axis that is forced to attack to defend itself, and a barbaric and evil (...) axis that threatens global security. But this process is fraudulent, that has been able to violate international law, has a political, historical and economic issues should be unmasked. (shrink)

The aim of this article is to argue about the nihilistic experiences of Camus's characters, and to demonstrate that Camus's essayistic reflection on the themes of absurdity, suicide, murder, nihilism and revolt are effectively worked out in the novel and theater that complement each other within the fabric of Camus's cyclical work. To this end, an analysis will be carried out mainly on the works: The Adulterous Woman (short story), which brings a reflection on the negation of life; escape and (...) negation in the short story Jonas or the artist at work; The Stranger (novel), in which the question of the absurd and nihilism is widely worked on; The Plague (novel), observed here in the context of murderous consent and nihilism or revolt and refusal; and finally, Caligula (theater), a drama that expresses absurd reasoning taken to its ultimate consequences within a nihilistic perspective. The analysis showed that the characters who express such nihilistic experiences, at some point, come up against the absurd, and each responds in a different way to this encounter: some remain in nihilism; others turn to suicide as a living death; others to murder; and still others fight the plague and, in a way, try to overcome the problem. (shrink)

Voici deux heureuses initiatives que nous devons à des universitaires canadiens qui n'en sont pas à leurs premiéres armes. Selon toute apparence la conception de ces anthologies ne découle pas d'une planification entre les deux auteurs. Pourtant elles se complètent remarquablement bien, et ce sur plus d'un plan.1) Leur complémentarité réside tout d'abord dans lechoix des problématiquesrespectives. Bien que les deux auteurs manifestent un même souci pour des problemès contemporains majeurs en matière d'ethique, ils ne se recoupent que quatre fois (...) sur les neuf chapitres contenus dans chaque livre, notamment à propos des questions concernant ravortement, l'euthanasie, lapeine capitale et la sexualité, encore que les textes choisis par Wesley Cragg situent l'euthanasie plutôt dans la perspective de l'infanticide, tandis que ceux retenus par Jan Narveson la discutent du point de vue de l'adulte, rapprochant l'euthanasie volontaire du suicide; la sexualité est abordée par le premier à travers les débats sur la pornographie et la censure, tandis que J.N. la situe dans l'optique de l'érotisme, de l'adultère et des conditions anthropologiques. Quant aux autres problématiques, les auteurs divergent dans leurs choix. (shrink)

This article describes how cc. 39 and 37 create distinct tones of voice and use them to preclude the social pretensions of Egnatius in different spheres. The style of c. 39, markedly oratorical—and non-Catullan—in the syntax of its opening lines, develops into the voice of a respectable senex by way of archaisms of vocabulary and syntax and is capped by a figure of humor otherwise absent from the polymetrics, the apologus. The style thus creates a voice perfectly suited to chastise (...) Egnatius' social ineptitudes and, more importantly, constitutes on the verbal level an embodiment of the standards of the urban elite. Catullus thus illustrates to Egnatius that a subtle system of social gestures can be learned - something which Egnatius, for all his apparent pretensions to social prominence, manifestly has not grasped, marred as he is by the habit of grinning inappropriately. C. 37, which ends with an attack on the same Egnatius, is far different in tone, commingling tokens of artfulness with vulgarity and forcefulness. That mixed style exercises ironic decorum towards Lesbia's lovers, who are themselves an oddly mixed group, well-off on the one hand, but "backstreet adulterers" on the other. But the two tones of voice, and indeed the two groups of lovers, also embody the paradoxes of the Roman construction of stylish behavior, which could be represented as elegant dalliance or reprehensible vice. Inasmuch as Egnatius' fashion affectations, ridiculed at the poem's end, fail to qualify him for the ranks of Lesbia's lovers, he is represented as outside sophisticated society, however it be constructed. In concert the two poems utterly derail Egnatius' social pretensions: c. 39 as it were outflanks him on the "right," barring him from respectable society, and c. 37 outflanks him on the "left," barring him from the "jet set.". (shrink)

The level of impairment shown by the 1.3 million residents of nursing homes in the United States varies significantly, and this raises considerable challenges for how to address the sexual and romantic interests and needs of these diverse individuals. Unfortunately, bright-line rules and a onesize- fits-all approach are often taken when addressing these challenges. This article proposes a novel taxonomy for classifying the potential sexual and romantic relationships of cognitively impaired nursing home residents that includes relationships between unmarried residents, relationships (...) between residents and their own spouses, and adulterous relationships. We explore the ethical and logistical challenges distinctive to each category of relationship. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume's Playful Metaphysics Greg Moses Let us revive the happy times, when Atticus and Cassius the Epicureans, Cicerothe Academic, andBrutus the Stoic, could, all of them, live in unreserved friendship together, and were unsensible to all those distinctions, except so far as they furnished agreeable matter to discourse and conversation.1 This paper argues, firstly, that contrary to appearances, the mature Hume allows for engagementin a certain style ofmetaphysical reasoning (...) in a rather strong sense of'metaphysics'. The proviso is that this be done in a carefully defined playful 'Pyrrhonian' spirit (sees. 1-5). It argues, secondly, that engagementinmetaphysics in such aHumean playful spirit might be available to us and of some value for us nowadays (sees. 6-7). The strategy ofthe argument in sections 1-5 is that the character Philo in Hume'sDialogues ConcerningNaturalReligion engages injust that kind ofmetaphysics that Hume rules out in the Treatise and the Enquiries, but that he does so in such a playful fashion as to be able to get away with it. (1) The word 'metaphysics' is used in the Hume text interpretation part of this paper (sees. 1-5) to refer to enquiry concerning 'ultimate principles/causes'. These ultimate causes are more than just very general constant conjunctions the reality of which is supposed, given habit, on the basis of experience. They are characterized in Hume by the fact that: 1) there is a relations of ideas connection between the 'essence' or 'nature' of whatever it is we are talking about, the soul/mind/human nature, or external bodies, such that 2) could we know the 'nature' or 'essence' we could come to know the principle without consulting experience, and, consequently, 3) they are such that if and when we came to know them we could give a reason for them, beyond our experience of their reality, namely by showing them to follow from the 'essence' or 'nature' ofthe object in question.2 The search for these ultimate springs and causes motivates our researches. "This is our aim in all our studies and reflections" (T 266), tofind the ultimate and operatingprinciple, which resides in the object. We are not satisfied, we would not willingly stop until acquainted with them, or until we are convinced that such a goal is beyond us human Volume XVII Number 2 63 GREG MOSES beings and despair has the same effect on us as enjoyment. Science, in fact, only "staves off our ignorance a little longer" (E 31). The most general and most refined principles we discover are as inexplicable to us as the phenomena themselves are to the vulgar; we have no idea even of what it is we are looking for when we search for them.3 There is thus a kind of natural desire for insight into causes, which natural and moral science does notfully satisfy,4 a sort ofnatural desire for the vision of, if possible, ultimate causes. (2) The attitude ofthe Treatiseand theEnquiries withrespect tothe search for ultimate principles is to stay away from it—as every first year philosophy student knows. This is Hume's position even antecedent to science and enquiry, taken over from the example of the natural philosophers whose empirical method he is adopting. Note that we are using the word 'metaphysics' here as a temporary convenience in a non-Humean sense: for Hume, 'metaphysics' = the more difficult parts of learning, profound reasonings of any kind (cf. E 11). Hume himself engages in such profound reasonings, for a variety of reasons (under five headings in E, sec. 1), including the idea that we "must cultivate true metaphysics with some care, in order to destroy the false and adulterate" (E 12). One of Hume's purposes in book 1 of the Treatise and in the Enquiry Concerning Human Understanding is to turn us away from "specious and agreeable" (T 272) hypotheses and towards those subjects where alone we can expect assurance and conviction (T 272-73), in order to Uve at ease ever after, having rejected, after deliberate enquiry, the most uncertain and disagreeable part of learning (E 12-13). This is accomplished by his investigation of belief inmattersoffactbeyond testimonyofsenses ormemory;thatis, relying on causal reasoning and... (shrink)

Men and women have always bargained for sex. In Hard Bargains, philosopher-lawyer Linda Hirshman and legal historian Jane Larson provide the first complete analysis of power in heterosexual relationships, combining an eye-opening legal history of sexual regulation with thought-provoking predictions of what the future might bring. Hirshman and Larson tell a riveting tale that spans the centuries--from early accounts of adulterers hanging from the gibbet, to the impact of the Kinsey Reports and Hugh Hefner's playboy philosophy, to the 1960s judge (...) who argued in favor of sex with eleven-year-olds. The book examines the factors that have shaped our notions of sex, from Catholic teaching to the theories of Sigmund Freud, and it explores the Supreme Court decisions of the last few decades that revolutionized the politics of sex. And Hard Bargains not only provides a deep understanding of historical and current disputes, it also offers striking predictions of what sexual bargaining will look like in the future--rape laws replaced by laws of sexual autonomy, adultery subjected to breach of contract action, fornicators responsible for each other's rent, prostitution considered an unfair labor practice. These are a few of the surprising--and surprisingly workable--solutions the authors foresee in the 21st century. Hard Bargains takes a forthright and level-headed look at all aspects of one of the biggest controversies in contemporary American society--heterosexual sex--and delivers a radically new perspective on the sexual lives of women and men. (shrink)

William James, like his father before him, devoted much attention to religion. He defended the human desire to have faith in something, or some being, whose existence could not be empirically defended. Faith generated a feeling of ease and peacefulness, and therefore could be considered a moral good. In The Varieties of Religious Experience James argued that faith could be discovered and enacted in unconventional ways.Mr. Schulte has redefined James’s thesis to support Alcoholic Anonymous 3rd edition. He claims that James (...) provided the germinal idea of the AA program according to the program’s cofounders Bill Wilson and Dr. Bob Smith. Schulte uses Varieties in an adulterate fashion: each of the 8.. (shrink)

Adoration is the second volume of the Deconstruction of Christianity, following Dis-Enclosure. The first volume attempted to demonstrate why it is necessary to open reason up not to a religious dimension but to one transcending reason as we have been accustomed to understanding it; the term "adoration" attempts to name the gesture of this dis-enclosed reason. -/- Adoration causes us to receive ignorance as truth: not a feigned ignorance, perhaps not even a "nonknowledge," nothing that would attempt to justify the (...) negative again, but the simple, naked truth that there is nothing in the place of God, because there is no place for God. The outside of the world opens us in the midst of the world, and there is no first or final place. Each one of us is at once the first and the last. Each one, each name. And our ignorance is made worse by the fact that we do not know whether we ought to name this common and singular property of all names. We must remain in this suspense, hesitating between and stammering in various possible languages, ultimately learning to speak anew. -/- In this book, Jean-Luc Nancy goes beyond his earlier historical and philosophical thought and tries to think-or at least crack open a little to thinking-a stance or bearing that might be suitable to the retreat of God that results from the self-deconstruction of Christianity. Adoration may be a manner, a style of spirit for our time, a time when the "spiritual" seems to have become so absent, so dry, so adulterated. -/- The book is a major contribution to the important strand of attempts to think a "post-secular" situation of religion. (shrink)

La sexualité préoccupe le Moyen Âge occidental : miroir de la nature peccamineuse de l’homme, elle en révèle le meilleur (tempérance, renoncement) et le pire (appétit, violence). Envisagée dans le seul mariage chrétien, elle est hors de ce cadre adultère, condamnée (juridiquement, judiciairement) et expose les individus à la vindicte populaire. Les lettres de rémission (grâce royale des crimes) des xiv e et xv e siècles témoignent de façon originale de l’impact que le type de conjugalité vécu peut avoir (...) sur les violences sexuelles faites aux femmes. Si les sources sont muettes et absentes sur les violences matrimoniales, isolement, célibat laïc, séparation et adultère exposent les femmes médiévales au viol. Mariée, la femme est appropriée, son corps territorialisé, gardé ; seule ou concubine, elle est mal famée et son corps à prendre. C’est dans ce paradigme que la question du couple et des violences sexuelles se pose alors. (shrink)

One of the most ingenious arguments in all of Attic oratory is to be found in the speech Lysias wrote for Euphiletus to deliver at his trial for the murder of Eratosthenes . In his speech Euphiletus first describes to the court how his wife was seduced by Eratosthenes, then recounts how he discovered the affair, caught the adulterer in the act, and, despite an offer to pay compensation, slew him. Euphiletus defends his action by citing the law of the (...) Areopagus that whoever kills an adulterer caught in flagranti with his wife cannot be convicted of murder. Euphiletus further points out that the same exemption applies to the man who catches someone seducing his pallakē. If the lawgiver regarded the seduction of a pallakē as so serious that it merited the death penalty, Euphiletus argues, he must have regarded the seduction of a wife as even more reprehensible, deserving a penalty worse than death. (shrink)

In his introduction to part 2 of the Common Knowledge symposium on xenophilia, the journal's editor tours the reader through two private apartments and through two public art collections in an effort to establish that aesthetically coherent mixtures of apparently immiscible objects from widely divergent cultures are possible and also morally glamorous. Xenophobia at its least reprehensible, he argues, is a fear of ecumenism and its consequences, as well as a fear of one's own conversion — of “turning Turk.” Xenophilia (...) at its most admirable is a pursuit of coherent mixtures where others cannot imagine their possibility. Bits lifted from reputedly pure and organic wholes may be transformed by means of overlap and mediated juxtaposition into a novel milieu that has a wholeness, authenticity, and charisma of its own. Such coherence depends on minds that are capable of loving what does not satisfy their narcissism and that can sense in the products of their own culture elements or signs of enervation, anomie, lack, derangement, waywardness, rigidity, preciousness, or warping. The author concludes that xenophilia neither signals nor facilitates the adulteration that xenophobes so fear. (shrink)

Publishers love titles that begin How or Why. Better still, How and Why, combining edification with utility. The target group is that overlap between the self-help audience and the idly curious—which is to say, most of us. And since emotions are very much about self-help and self-harm, they offer rich pickings in a burgeoning market. Flanagan's How to Do things with Emotions is a philosopher's take on moral emotions, the allusion to J. L. Austin's How to Do Things with Words (...) chiming with the self-help milieu. Reviewing cases, Flanagan points out that most scientific work in this field derives from experiments on psychology students, about as unrepresentative a slice of humanity as you could find. For Flanagan, they are too WEIRD (Western, Educated, Industrialized, Rich, Democratic) to tell us much about the non-weird majority. To learn to “do emotions better,” he argues, we have to look farther afield. Although the emotional lives of cultural others are surely different from those taking Psychology 101, at some functional level they might be similar. Work out the conceptual logic and practical rationale of culturally elaborated emotions—Minangkabau “shame,” Ifaluk “righteous anger,” American “road rage”—and there is scope for comparison. Indeed, anthropology has shown as much, and it is from anthropology that Flanagan takes his cues. To mention two famous cases, what can we learn about anger management from Utku igloo-dwellers and Ilongot headhunters? Mutually dependent for survival in their snowy isolation, the Utku cannot risk getting angry. (They mercilessly tease their children into learning the futility of anger.) In the jungles of Luzon, Ilongot youths cast away their anger in externally directed violence: headhunting as cathartic sport. We can think of parallels closer to home.Flanagan's vigorously argued book, a tour de force of its kind, is both an anatomizing of anger and shame—two moral emotions we tend to “do badly”—and a proposal to “change how we do these emotions.” Indignation is fine, but anger that is vengeful or “pain-passing,” rather than righteous, is irrational and socially harmful. Shame can be incapacitating and cruel (the undeserved burn of a Twitter pile-on). What we need is reflective anger directed at injustice and a “mature sense of shame” that reminds us of the social contract and stops us misbehaving.In its How-and-Why format, the book combines theory and practice, metaethics with moralism. Here is how a prof should do self-help. But if the diagnosis is well made, the remedy is hard to imagine. As Flanagan recognizes, moral sentiments and practices are embedded in intricate forms of life and not readily detachable. Anger Utku-style is not a transferable skill, nor are educative routines forged in social ecologies remote from our own. Lacking serviceable models, Flanagan falls back on the anthropological justification that knowledge of cultural diversity expands our sense of human possibility, of other roads taken. In a globalizing world, difference is its own reward. For me, an anthropologist, that maxim is enough. Yet difference bedevils comparison, jinxing the units, warping criteria. Most languages lack a word for emotion or an equivalent umbrella concept; nor do emotion words translate well across languages. Emotion may be an incoherent notion, or at best a heuristic.Flanagan's use of the WEIRD tag makes things a bit too easy. Does it cover farmhands and factory workers? Are we so democratic, anyway? More damagingly, a typological approach blurs the circumstances of family, community, and biography that define an emotional episode and shape its phenomenology, the way it is felt and experienced—what a violent outburst or fearful exit means in the context of a life. Take Joseph Conrad's Lord Jim, who flees a scene of failure and derails his life. It requires a long narrative to unravel the implications of his jumping ship and the paralyzing shame he experiences before the judgment of society. Or consider the scene in Anna Karenina in which the dignified and self-important Karenin, apprised of Anna's adulterous liaison, agonizes over the threat to his existence. To call his response jealousy would not scratch the surface. Characteristically for Tolstoy, the emotions go unnamed. Instead, we witness Karenin's fervid deliberations (emotions involve thoughts), vacillations (emotions have action tendencies), anguished calculations of impending scandal (emotions are appraisals), and bodily changes (emotions are cognized feelings). We shudder at the brutal metaphors through which he grasps his predicament and its cure: like rooting out a bad tooth, he decides. That welter of particularities escapes the theorist who needs clear-cut, comparable units, formulaic instances of jealousy or anger. But what are you left with if you omit the details? What would remain of Karenin's existential crisis?The novelist's privileged access to subjectivity is, of course, unavailable to the scientist, but the larger context of plot and character—a history of relations that gives emotional episodes their shape and power—has its analog in the ethnographic domain. Emotions are public as well as private events, their meanings and effects depending on a fit with social reality, a clash of perspectives. In thought and feeling, we are never really alone. All of which suggests that narrative, fictional or nonfictional, can capture the ongoing moment in a way that eludes other methods. If what we are after is living emotion, it is the movie, not the snapshot, that surely matters. No point in comparing “emotions” no one ever really experienced outside of an experiment.But there's the rub. In generalization—the goal of emotion theory—an emotion's social meaning, personal significance, pragmatic function, and narrative context get stripped out. All that makes it what it is! Even in doggedly empirical anthropology, detailed emotional episodes are rare (Jean Briggs's Utku ethnography Never in Anger, published in 1970, is still unsurpassed). Instead we get recollections and summary examples, lacking the constitutive detail, real-time evolutions, and consequences of the real thing. Yet these must serve for comparison, fodder for countless theoretical speculations. Are we at risk of analyzing faux emotions and building theories on cardboard constructions?An empty Arctic stage, a handful of characters, life simplified to survival: Briggs is a hard act to follow. Bare life does not make for basic emotions. On the white set, emotions prove hard to parse. That gruff hesitation, that flashing glint—are they tokens of anger? Empathy will not suffice. As Briggs shows, narrative context is all. And in our more cluttered emotional worlds, the value of backstory, interwoven biographies, and emotional plots is all the greater. Flanagan is right; we must do emotions better. (shrink)

Qu’est ce que le « viol » au XVIe siècle? Le terme existe-il? Est-ce alors un crime? Lequel? Et contre qui? Ces questions a priori naïves soulèvent pourtant d’importants problèmes relatifs à l’histoire des violences sexuelles : celui de la dénomination de ces violences, aucun terme spécifique ne permettant alors de les désigner, et celui de leur qualification relativement ambiguë pour le XVIe siècle. L’étude croisée de sources normatives, narratives et judiciaires, permet en effet de constater que le « viol (...) » ne constitue pas encore une catégorie juridico-médicale parfaitement définie mais une circonstance aggravante du rapt et de l’adultère, crimes relevant du contrôle des rapports de sexes. La mise en lumière des enjeux socioculturels à l’œuvre dans la qualification des violences sexuelles devrait permettre de comprendre comment une agression sexuelle contre une femme devient, pour la société d’Ancien Régime, un crime contre un homme. (shrink)

Abstractabstract:This paper explores the tension between the role the magistrate plays in Locke's letters on toleration and the theory of sexual morality he develops in his analysis of the case of incest at the church at Corinth in his "Paraphrases" on Paul's Epistles. A son had married his father's ex-wife, a practice decried as "heinous" by seventeenth-century commentators. Contrary to the political uses of this case by members of the Anglican Church, Locke argues that moral communities should police themselves through (...) private censure. At first glance, this sits uncomfortably with the view that the magistrate should punish adulterers and those who engage in "heinous enormities." This paper seeks to reconcile these two visions by showing how the incentive structure of the civil law was meant to supplement the maximalist moral commitments of the religious communities that make up society. (shrink)

It is often claimed that adultery can be morally permissible in cases where those engaged in adulterous behavior are part of an open marriage. Yet this only follows if the institution of open marriage itself can be justified. This problem has been generally overlooked, but it deserves attention, as it is far from evident that open marriage has sterling moral credentials. I argue that the most promising general justification of the institution of open marriage is not based on consequentialist or (...) aretaic principles, but rather on the principle of respect for autonomy. Yet while this principle justifies the institution of open marriage in the most general sense, it does not justify every case of adultery involving an open marriage. Whether a given case of adultery is rendered morally permissible by the presence of an open marriage will depend on whether the open marriage in question satisfies several other moral desiderata. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Imitation, Violence, and ExchangeGirard and MaussPer Bjørnar Grande (bio)RECIPROCAL VIOLENCE AND THE DESIRE FOR WHAT THE OTHER DESIRESIn this article, I would like to draw attention to the potentially violent outcome of exchange interactions between individuals and groups. Both Girard and Mauss examine violence in a wider social and political process.1 According to Mauss, the smallest difference, such as a lack of reciprocity, may evoke a desire for retribution. (...) Understanding reactions when there is a lack of symmetry, real or illusory, can give us an important insight into the generative mechanisms behind violence. This is why traditional societies tried, often very successfully, to protect individuals through prohibitions and taboos. These prohibitions and taboos were directed against any kind of activity that could possibly result in violent rivalries among the population. The killing of adulterers, thieves, and foreigners can be seen as a way of ridding society of people perceived as having undesirable traits and ridding it of the potential imitation of their bad desires. In this way, a society's violence may function in a protective [End Page 221] and anti-mimetic way. The violence against transgressors is a kind of mimetic anti-mimesis, a way of telling people to follow the rules of society so that they will become mimetically immune to the forces that threaten society.Violent victimizing appears to fulfill a generative function by preventing transgressions, moral cleansing, and restoration of peace. At the same time, however, it bears (unconsciously for the participants) a similarity to what one wishes to expel, namely, the feared violence and negative influence of the person or persons who are victimized. Despite attempts to expel violent transgressions, the attempts themselves are quite similar to the violence they are trying to exorcise. Both Freud and Girard argue that those who conduct a rite of sacrifice are projecting onto the sacrificial victim qualities that reflect some of their own innermost concerns.2 Sacrificial violence, seen from a modern, nonsacrificial standpoint, is a kind of suicide. By killing the other, one also kills something in oneself.In demolishing the victim they are symbolically annihilating aspects of themselves. What is destroyed is destructiveness itself: the feelings of violence and hostility that lie behind attempts to carry out violent activities. Such feelings are antithetical to the ties of friendship that bond a community together, and feelings of violence towards one's peers and associates must be banished if a closely knit community—such as a tribal brotherhood, a spiritual fellowship, or a modern nation—is to survive.3Modern societies are full of these projections of one's own desires onto the other, which expose the modern variant of what is sacrifice, and which are often less physically but instead psychologically violent, yet still victimizing in their attitude of projecting. Terms such as "imitation," "identification," and "comparison" do not have to turn out to be violent—even when a great deal of competition is involved. In this respect, I disagree with some Girardians who claim that imitative desire must be violent and who look back to an insight going back to Heraclitus that violence is the source of all.4 The all-decisive factor is the gradual shift from competition to rivalry, from being allies to becoming enemies. The transition from being competitive friends to rivals comes as a result of imitation. Seen in this way, imitative desire is the generative force behind violence, the snake that turns friends and lovers into rivals.This Freudian act of projection resembles an act of doubling, an intense mimesis of the other that creates doubles. From a Girardian perspective, it is the clash of desire that leads to doubling, and later to violence.5 The imitation of each other's desires will sooner or later cause some kind of violence.6 This doubling does not only have to involve two people; it can be groups, even countries. [End Page 222] But the effect is always negative. Raymund Schwager explains it in the following terms:Whoever is desirous has to expect that the others will too. Whoever succumbs to rivalry arouses the same passion in others. Whoever resorts to violence is imitated in his or... (shrink)

The attraction between religion and politics is perennial. Sometimes, in its long and checkered history, it has led to an adulterous affair. I want to ask what lies at the heart of this attraction, and whether that can shed any light on the current religious/political scene. But the romance metaphor is at bottom not a good one. I shall argue that, in their originary condition, religion and politics are "closer," both ontologically and in their motivation, than woman and man, closer (...) than siblings. Perhaps the image of siamese identical twins would serve best as a figure for the union which binds together these domains, in spite of the peculiar political history which has, in the West and especially in this country, attempted to sunder them. Let me emphasize right here that my project is a descriptive one: I am seeking a deeper understanding of the phenomena, not attempting to develop a prescriptive or normative position concerning what is to be done. Indeed, I shall only be able to sketch the outlines of the descriptive position I shall propose. (shrink)

Resumen: La confianza que la sociedad deposita en la investigación científica es un elemento fundamental del desarrollo de esta actividad. No obstante, los constantes casos de mala praxis por nepotismo, conflicto de interés, malversación de caudales públicos, plagio, apropiación indebida de ideas, dopaje financiero, fake news, falsificación, adulteración y/o fabricación de datos, entre otras muchas cosas, ha generado un aumento de la desconfianza hacia los procesos de generación de conocimiento y sus resultados. Desde una ética dialógica y cordial, este estudio (...) ofrece orientaciones para el diseño de una ética de la investigación en el marco de las éticas aplicadas que ayude a erradicar y controlar las malas prácticas en este ámbito. Abstract: The trust that society places in scientific research is a fundamental element in the development of this activity. However, the constant cases of malpractice due to nepotism, conflict of interest, misuse of public funds, plagiarism, misappropriation of ideas, financial doping, fake news, falsification, adulteration and/or fabrication of data, among many other things, has generated an increase in mistrust towards knowledge generation processes and their results. From a dialogic and cordial ethic, this study proposes guidelines for the design of a research ethics within the framework of applied ethics that helps to eradicate and control bad practices in this area. (shrink)

Artificial Intelligence (AI) isset to revolutionise global knowledge domains and biblical hermeneutics is no exception. At face value, in Zimbabwe, AI has been stigmatised as a humanistic and profane technological system with an immense propensity to cause general religious backsliding, degeneracy, vain philosophising and secularisation of the Gospel of Christ. This article isolated Colossians 2:8 as a lens to investigate the congruency of Artificial Intelligence to the pericope’s scope of ‘philosophy, vain deceit, tradition of men and rudiments of the world’. (...) The Zimbabwean setting was used to examine whether the Colossian Christian Church’s philosophical aspersions bear any semblances to how AI is viewed among the clergy, theologians, Christian believers and academics of religious studies. The qualitative methodological paradigms of African Biblical Hermeneutics and Exegetical Method were employed in the study. The study mainly established that AI, like a tool in the hands of a workman, can either build or destroy, enhance or adulterate biblical hermeneutics depending on how it is viewed and used.Contribution: The article reflects on how the world’s most nascent technological development, Artificial Intelligence, impacts on biblical interpretation generally, but, more particularly, in the Zimbabwean context. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Prima parte – Descrizione del sermonarioNel 1494 Johann Meder, francescano osservante, affronta il compito di predicare la Quaresima a Basilea. Davanti all'interrogativo su come conquistare l'attenzione degli ascoltatori, vincendone la distrazione senza diventare un "adulterator verbi Dei," concepisce un ciclo profondamente innovativo, dato alle stampe l'anno successivo. Nella stessa città un altro ciclo di predicazione sui generis vede la luce in concomitanza alle prediche di Meder: in quei giorni (...) infatti viene pubblicato a Basilea il Narrenschiff di Sebastian Brant, testo di immediato successo, rapidamente tradotto e diffuso in tutta Europa. Lo studio dei due testi mostra precisi contatti e convergenze di interessi tra il predicatore francescano e Brant, tra pulpito e tipografia. Se il Narrenschiff si caratterizza fin da subito per le sue xilografie, che annoverano tra gli autori il giovane Dürer, è proprio il comune interesse per l'uso delle immagini a caratterizzare il rapporto tra Brant e Meder. Basti qui anticipare che le prediche di Meder vengono stampate con un corredo di xilografie, opera di uno dei migliori illustratori del tempo influenzati da Dürer, che rendono questa edizione un unicum nel panorama dei sermonari alla fine del Quattrocento.L'intreccio di questi fatti accresce l'interesse di una ricerca che indaghi come si comporta un predicatore osservante nella Basilea di Brant e Dürer. Pur essendo state già notate alcune particolarità del sermonario di Meder, questo testo ha ricevuto finora un'attenzione solo cursoria. Questo articolo si propone di mettere in luce quattro elementi: nella prima parte l'architettura generale del quaresimale, in maniera particolare il suo impianto teatrale; nella seconda parte la sincronia tra predicazione e Narrenschiff, il rapporto tra Meder e Brant e le caratteristiche dell'edizione del Quadragesimale novum come sermonario illustrato.1. Basilea 1494: il Narrenschiff e un ciclo di prediche quaresimaliIl volto di Basilea lungo il XV secolo è segnato da tre avvenimenti determinanti: il concilio, l'università, la stampa. Li evochiamo rapidamente per la loro incidenza sull'identità e lo spessore culturale della città. Il concilio pose per diversi anni Basilea al centro della cristianità, permettendole di assumere un ruolo e una notorietà europea. Uno dei frutti del nuovo profilo assunto dalla città fu la nascita dell'università, la quale, dopo una prima breve esperienza , venne rifondata su più solide basi nel 1460, contribuendo a creare le condizioni favorevoli per il precoce impianto della stampa e il suo rapido sviluppo, che rese Basilea presto uno dei centri di eccellenza, soprattutto per i libri illustrati.Dentro a queste coordinate si colloca Brant, nato a Strasburgo nel 1457 e giunto come studente nel 1475 a Basilea, dove si licenzia in diritto nel 1484 e diviene doctor utiusque iuris nel 1489. All'università Brant ricopre la cattedra sia di diritto che di poesia, affiancando all'insegnamento il lavoro presso diversi editori, fino al 1501, quando torna a Strasburgo, dove morirà nel 1521. Se nel 1494 Brant è ormai un esperto protagonista nella vita di Basilea, Meder vi si è inserito da poco, dall'anno precedente. È un uomo intorno ai sessant'anni e un predicatore esperto, con un curriculum ormai ventennale in diversi conventi francescani lungo la valle del Reno, tra Magonza e Basilea, dove risiederà fino al 1502.Nei giorni di Carnevale del febbraio del 1494, alla vigilia della Quaresima, viene pubblicato il Narrenschiff. Come è noto si tratta di una satira morale che, capitolo dopo capitolo, passa in rassegna le follie del mondo, soprattutto cittadino. È una critica alla follia non ancora capace di quell'ironia che sarà di Erasmo, ma che, pur condannando tutto e tutti, crede possibile l'azione educatrice della sapienza e dunque il 'rinsavimento' dei folli. Se si chiede chi siano i folli, la risposta di Brant è tutti, e la prima follia è non volerselo sentire dire. Proprio per questo Brant ha costruito uno spiegel nel quale ognuno possa vedere la propria follia, perché l'inizio della sapienza è il riconoscimento della stoltezza e della.. (shrink)

The purpose of this article is to examine Salvian of Marseilles’ (ca. 400–490 CE) invective in De gubernatione Dei against his Christian audience pertaining to their sexual roles and behaviour as slaveholders. It is argued that rather than considering the oppressive practice of slavery in itself as a reason for moral rebuke and divine punishment, Salvian highlights the social shame that arose from the sexual vices Christian slaveholders committed with their slaves. Salvian forwards three accusations against his opponents that concern (...) slavery and sexual vice. Firstly, he asserts that Christian slaveholders have no self-control. Secondly, the polyamorous relationships slaveholders have with numerous slaves resemble shameful and adulterous unions, namely concubinage and even polygamy. Thirdly, Roman-Christian slaveholders behave in a worse manner than barbarians (i.e. the argument of ethnicity). Each of these accusations is examined in detail in the study. (shrink)

The warmest, funniest, most erudite and ambitious philosophical dialogue of the twenty-first century? A lonely professor in a bookstore café overhears someone trying to explain Wittgenstein to a good friend--the two of them once having come close to an adulterous affair? The professor surreptitiously records their conversation, and then adds on top of it all his own ideas about Wittgenstein's philosophy, biography and psychology. A post-modern, Platonic exploration of how and why we human beings still try to speak and be (...) heard. All our life in language (our most sophisticated philosophies included) keeps revolving around the fixed point of our real if unmeetable need: to find love and understanding? (shrink)

One minor problem in understanding Bradley's moral philosophy is that of how he manages to combine a reverence for the ordinary man's moral sense with what amounts almost to contempt for the actual precepts of popular morality. The reverence seems clear. At the outset of Ethical Studies Bradley appears as the great defender of the plain man against the depredations of theorizing and cultivation. Contemporary moral philosophers were too sophisticated, with their cavalier disregard of the moral feelings and convictions of (...) uneducated people. Admittedly popular moral views had their limitations: they were neither all-comprehensive nor everywhere consistent. Still, ‘if we want a moral sense that has not yet been adulterated, we must not be afraid to leave enlightenment behind us’. (shrink)

This article analyzes the origins of the “responsible corporate officer” doctrine: the trial of Joseph Dotterweich. That doctrine holds that an officer may be personally liable for the criminal act of a subordinate if the officer was, in some indefinite way, able to prevent the violation. Applying this doctrine, the prosecution of Dotterweich entailed strict liability for a strict liability offense. The underlying offenses—the interstate sale of one misbranded and adulterated drug and one misbranded drug—were said to be strict liability (...) offenses. And then, with respect to Dotterweich as the corporation’s general manager, the government argued that he was strictly liable because he stood in “responsible relation” to the company’s acts. The government never tried to prove that the company, Buffalo Pharmacal, was negligent, nor did it try to prove that Dotterweich was negligent in his supervision of the employees of Buffalo Pharmacal. The prosecutor and judge were candid about this theory throughout the trial, although the judge conceded that it seemed bizarre and unfair. The defense lawyer repeatedly sought to inject what became known throughout the trial as the “question of good faith,” but was circumvented at almost every turn. What would thus seem to be the crux of any criminal trial—the personal fault of the defendant—was carefully shorn from the jury’s consideration. The government’s theory was so at odds with intuitive notions of liability and blame that, as one probes into the case, and looks at the language used in the government’s appellate briefs, imputations of moral fault inevitably crept in. Yet the government was not entitled to make such accusations, as it had pruned moral considerations from the trial. The article argues that the responsible corporate officer doctrine can never enjoy a secure place in our legal system. First, the doctrine is at a minimum in tension with, and often in direct opposition to, basic principles of the criminal law; and second, the doctrine fails, when followed to its logical conclusions, to accord with basic notions of fair play. The article concludes that the responsible corporate officer doctrine is either unnecessary, in cases in which the evidence establishes personal fault, or unjust, in cases in which it creates liability in the absence of personal fault through the unspecified notion of “responsibility.” The Dotterweich case illustrates what is contemplated by the latter possibility, and why it is problematic in any judicial system that purports, in the words of the Model Penal Code, “to safeguard conduct that is without fault from condemnation as criminal.”. (shrink)

On December 30, 2003, the FDA announced that it will publish a rule banning sales of ephedra - a dietary supplement often utilized for weight loss, increased energy, and enhanced athletic performance - because it poses an unreasonable health risk.The ban will be issued under the auspices of the Federal Food, Drug, and Cosmetic Act and the Dietary Supplement Health and Education Act of 1994, in response to a process that began in June of 1997, when the FDA first proposed (...) a mandatory warning statement on dietary supplements containing ephedra. FDAs analysis of the scientific evidence has led it to conclude that dietary supplements containing ephedrine alkaloids present an unreasonable risk of illness or injury and are therefore adulterated under Section 402 of the Federal Food, Drug, and Cosmetic Act? (shrink)