In Feminism and the Power of Law Carol Smart argued “law must also be tackled at the conceptual level if feminist discourses are to take a firmer root” (Smart in Feminism and the power of law, Routledge, London, 1989, 5). In Canada, the Women’s Legal Education and Action Fund (LEAF) ’tackled‘ the concept of comparison in the age equality case of Withler v Canada, 2008 BCCA 539. Rejecting ’similarly situated ‘(or ’groups‘) comparison as inconsistent with substantive equality, LEAF advocated (...) a “contextual” approach to import gender into the Withler frame. However, LEAF did not identify a male comparator even though all of the plaintiffs were women. Accordingly, it is unclear whether LEAF’s contextual approach obviates comparison, permits comparing some women to other women, or is synonymous with ‘grounds’ comparison. I argue LEAF could have named the patriarchal state as the male comparator in Withler, thereby aligning their contextual approach with ‘grounds’ comparison and offering substantive equality a ’firmer root’. (shrink)

Medical decisions for children are usually justified by the claim that they are in a child's best interests. More recently, following criticisms of the best interests standard, some advocate that the family's interests should influence medical decisions for children, although what is meant by family interests is often not made clear. I argue that at least two senses of family interests may be discerned. There is a ‘weak’ sense of family interests and a ‘strong’ sense. I contend that there are (...) problems with both approaches in making medical decisions for children but that the weak sense is more plausible. Despite this, I argue that claims for family interests are not helpful in making medical decisions for children. (shrink)

I will consider how we can assess the interests of critically ill children who will survive only while aggressive medical support is continued. If aggressive medical support is withdrawn, the child will die shortly afterwards. This is important because when the courts are asked to decide treatments, the standard is that decisions should be made in the best interests of the child. My claim is that this is not a coherent way to consider how some children in this situation should (...) be treated. I will consider two separate aspects of this problem. First, I will argue that there is no objective best interests test and no immediate prospect that we will be able to develop one. Secondly, I will argue that best interests are not a coherent way to consider the interests of children who will die shortly after treatment is withdrawn. To reinforce this claim, I will describe an example of two children where acting in the child's best interests produces counter-intuitive conclusions. (shrink)

In an earlier paper I argued that we do not have an objective conception of best interests and that this is a particular problem because the courts describe that they use an ‘…objective approach or test. That test is the best interests of the patient’ when choosing for children. I further argued that there was no obvious way in which we could hope to develop an objective notion of best interests. As well as this, I argued that a best-interest-based approach (...) was a particular problem around the time of death of some children. A response from a legal perspective argued that, while there is not a clear conception of objective best interests, the courts have a well-described approach to finding a child's objective best interests. In this paper, I argue that without clear agreement on an objective conception of best interests, the courts are unable to locate an objective sense of best interests and that the solutions do not solve the problems that were identified in the initial paper ‘Death and best interests’. (shrink)

In response to scholarship which has shown that seventeenth-century Scottish scholasticism was influenced by John Duns Scotus (1265/66–1308), Jean-Pascal Anfray has argued that Scottish scholasticism was only indirectly influenced by Scotism, especially by Jesuit thinkers like Francisco Suárez (1548–1618), using the Aberdeen Doctor James Sibbald (1595–1647) and his theory of the body-soul composite as a litmus test. In reply to Anfray’s claims, this article undertakes three interconnected tasks. First, it renews calls for philosophical Scotism to be defined according to a (...) principles-based approach focusing on Scotus’s metaphysics of essence in contrast to a quasi-falsificationist approach. Second, it shows how Sibbald adopts the Scotist metaphysics of essence over the very different Suárezian metaphysics of essence. Third, it demonstrates how Sibbald endorses Scotus’s qualified pluralism in accounting for the body-soul composite. Sibbald thus turns out to be more directly Scotist (and less Suárezian) than first thought. (shrink)

Experimental research is commonly held up as the paradigm of "good" science. Although experiment plays many roles in science, its classical role is testing hypotheses in controlled laboratory settings. Historical science is sometimes held to be inferior on the grounds that its hypothesis cannot be tested by controlled laboratory experiments. Using contemporary examples from diverse scientific disciplines, this paper explores differences in practice between historical and experimental research vis-à-vis the testing of hypotheses. It rejects the claim that historical research is (...) epistemically inferior. For as I argue, scientists engage in two very different patterns of evidential reasoning and, although there is overlap, one pattern predominates in historical research and the other pattern predominates in classical experimental research. I show that these different patterns of reasoning are grounded in an objective and remarkably pervasive time asymmetry of nature. (shrink)

Feminist legal scholars have never cut the first woman appointed to the Supreme Court of Canada as much slack as the second. Yet the first, Justice Bertha Wilson, introduced the contextual method into the Court’s jurisprudence. Her approach to contextualism is consistent with one of three feminist legal methods that Katharine T. Bartlett identifies. More specifically, it is consistent with Bartlett’s feminist practical reasoning. However, Justice Wilson’s contextualism is not without its critics. The most challenging, Ruth Colker, contends it must (...) work in conjunction with a distinctive substantive principle. Justice Wilson took a different approach, aligning the contextual method with the constitutional principle of proportionality. Thus construed, this paper argues, contextualism represents a new approach to feminist judging. (shrink)

To explain how constitutions shape and are shaped by women's lives, the contributors to this volume examine constitutional cases pertaining to women in twelve countries. Analyzing jurisprudence about reproductive, sexual, familial, socio-economic, and democratic rights, they focus constructively on women's claims to equality, asking who makes these claims, what constitutional rights inform them, how they have evolved, what arguments work in defending them, and how they relate to other national issues. Their findings reveal significant similarities in outcomes and in reasoning (...) about women's constitutional rights in these twelve countries, challenging the tradition of distinguishing constitutional jurisprudence depending on whether the country has a written or unwritten constitution, subscribes to civil or common law, is a federal or unitary state, limits constitutional adjudication to the public domain, accords international norms binding or subject to incorporation force, or relies on a specialized or general court to adjudicate constitutional matters. (shrink)

Corporate concentration in the United States has been on the rise in recent years, sparking a heated debate about its causes, consequences, and potential remedies. This article examines a facet of public policy that has been neglected in the debate: corporate taxation. Developing the first empirical mapping of the effective tax rates of nonfinancial corporations disaggregated by size and broken down by jurisdiction, the article reveals a striking tax advantage for big business at home and abroad. The analysis goes on (...) to show how persistent regressivity in the tax structure is bound up with the increasing relative power of large corporations within the corporate universe, as well as a shift in firm-level power relations. As large corporations become less disposed to investments that may indirectly benefit ordinary workers, they become more disposed to shareholder value enhancement that directly benefits the asset-rich. What this means is that the corporate tax structure is connected not only to rising corporate concentration but also to widening household inequality. (shrink)

Antiques are undoubtedly objects worthy of aesthetic appreciation, but do they have a distinctive aesthetic value in virtue of being antiques? In this article we give an account of what it is to be an antique that gives the thesis that they do have a distinctive aesthetic value a chance of being true and suggests what that distinctive value consists in. After introducing our topic in Section I, in Section II we develop and defend the Adjectival Thesis: the thesis that (...) the concept of being an antique is an adjectival concept. This provides us with the means to formulate our definition, which we do in Section III. In Section IV we further explicate and defend our definition. In Section V we conclude by briefly saying where we think our definition could be improved, by making a few comments about the aesthetics of antiques and by stating an interesting consequence of our definition: that it is not analytic that antiques are old. (shrink)

Vulnerability is one of the least examined concepts in research ethics. Vulnerability was linked in the Belmont Report to questions of justice in the selection of subjects. Regulations and policy documents regarding the ethical conduct of research have focused on vulnerability in terms of limitations of the capacity to provide informed consent. Other interpretations of vulnerability have emphasized unequal power relationships between politically and economically disadvantaged groups and investigators or sponsors. So many groups are now considered to be vulnerable in (...) the context of research, particularly international research, that the concept has lost force. In addition, classifying groups as vulnerable not only stereotypes them, but also may not reliably protect many individuals from harm. Certain individuals require ongoing protections of the kind already established in law and regulation, but attention must also be focused on characteristics of the research protocol and environment that present ethical challenges. (shrink)

In earlier work ( Cleland [2001] , [2002]), I sketched an account of the structure and justification of ‘prototypical’ historical natural science that distinguishes it from ‘classical’ experimental science. This article expands upon this work, focusing upon the close connection between explanation and justification in the historical natural sciences. I argue that confirmation and disconfirmation in these fields depends primarily upon the explanatory (versus predictive or retrodictive) success or failure of hypotheses vis-à-vis empirical evidence. The account of historical explanation that (...) I develop is a version of common cause explanation. Common cause explanation has long been vindicated by appealing to the principle of the common cause. Many philosophers of science (e.g., Sober and Tucker) find this principle problematic, however, because they believe that it is either purely methodological or strictly metaphysical. I defend a third possibility: the principle of the common cause derives its justification from a physically pervasive time asymmetry of causation (a.k.a. the asymmetry of overdetermination). I argue that explicating the principle of the common cause in terms of the asymmetry of overdetermination illuminates some otherwise puzzling features of the practices of historical natural scientists. (shrink)

There is no broadly accepted definition of ‘life.’ Suggested definitions face problems, often in the form of robust counter-examples. Here we use insights from philosophical investigations into language to argue that defining ‘life’ currently poses a dilemma analogous to that faced by those hoping to define ‘water’ before the existence of molecular theory. In the absence of an analogous theory of the nature of living systems, interminable controversy over the definition of life is inescapable.

The question ‘what is life?’ has long been a source of philosophical debate and in recent years has taken on increasing scientific importance. The most popular approach among both philosophers and scientists for answering this question is to provide a “definition” of life. In this article I explore a variety of different definitional approaches, both traditional and non-traditional, that have been used to “define” life. I argue that all of them are deeply flawed. It is my contention that a scientifically (...) compelling understanding of the nature of life presupposes an empirically adequate scientific theory (vs. definition) of life; as I argue, scientific theories are not the sort of thing that can be encapsulated in definitions. Unfortunately, as I also discuss, scientists are currently in no position to formulate even a tentative version of such a theory. Recent discoveries in biology and biochemistry have revealed that familiar Earth life represents a single example that may not be representative of life. If this is the case, life on Earth today provides an empirically inadequate foundation for theorizing about life considered generally. I sketch a strategy for procuring the needed additional examples of life without the guidance of a definition or theory of life, and close with an application to NASA’s fledgling search for extraterrestrial life. (shrink)

Book reviewed in this article: The Man Who Mistook His Wife for a Hat and Other Clinical Tales. By Oliver Sacks.

At the centre of the genre of dating advertisements is a tension between speech and writing, process and product, interaction and transaction. In this article I investigate some of the interpersonal resources available to writers of advertisements to achieve the goal of interacting in writing with a potential partner. I first consider the ways in which advertisers use questions and answers to enact and project speech-like interactional roles for themselves and their readers, in order to encourage an overt response to (...) their textual initiations and open a conversation with a suitable partner. I then consider their use of modality to engage potential partners and negotiate mutual suitability. I conclude by comparing the generic function of these two areas of interpersonal resource and suggest a relationship of agnation between them. (shrink)

Children ‘born of war’ refer to people of any age conceived as the result of sexual violence at the hands of armed forces or groups during war, displacement, genocide or military occupation. Due to the circumstances of their birth, children ‘born of war’ can experience social stigma, discrimination and exclusion, resulting in diminished life chances and opportunities. At the same time, children ‘born of war’ fall through the cracks of global policy frameworks. In this article, we explore the reasons for (...) this, arguing that the nature of the harm these children endure renders their status as a victim group elusive. We propose a survivor-centred approach drawing on the lived experiences of children ‘born of war’. The approach recognizes the agency of children and draws attention to their expressed desire to contribute to, and participate in, processes of social reconstruction and reconciliation. (shrink)

Evolution in Four Dimensions claims that epigenetic, behavioral, and symbolic inheritance systems should be considered equal partners to genetics in evolutionary biology. The evidence for, and applicable scope of, these additional inheritance systems is limited, particularly with regard to areas involving learning. It is unclear how including these extra dimensions in mainstream evolutionary thinking translates into testable hypotheses for a productive research program.

ZHOU Y, WINDSOR C, COYER F and THEOBALD K. Nursing Inquiry 2010; 17: 186–196Ambivalence and the experience of China-educated nurses working in AustraliaThe last decade has seen an increase in research on the experience of immigrant nurses. There are two prevailing approaches in this body of work. One is a focus on the positive or negative aspects of the experience, and the other, a depiction of the experience as a linear movement from struggle to a comfortable state. Based on our (...) study findings on the experience of China-educated nurses working in Australia, this study proposes that the concept of ambivalence is more appropriate in portraying the experience of immigrant nurses. Several sources of ambivalence experienced by the participants are represented: a disparity between expectation and reality, conflicting social and cultural norms, the dual reference points of comparison, divergent interests within families, and a sense that although it is unsatisfactory, it is hard to go back. We argue that immigration generates various forms of ambivalence and immigrant nurses must live with more or less ambivalence. The notion of ambivalence can explain a range of behaviours and situations beyond the scope of rational-choice explanations. To date, ambivalence as a theoretical concept in understanding the experience of immigrant nurses has been either ignored or insufficiently addressed in the literature. (shrink)

Many scientists believe that there is a uniform, interdisciplinary method for the prac- tice of good science. The paradigmatic examples, however, are drawn from classical ex- perimental science. Insofar as historical hypotheses cannot be tested in controlled labo- ratory settings, historical research is sometimes said to be inferior to experimental research. Using examples from diverse historical disciplines, this paper demonstrates that such claims are misguided. First, the reputed superiority of experimental research is based upon accounts of scientific methodology (Baconian inductivism (...) or falsificationism) that are deeply flawed, both logically and as accounts of the actual practices of scientists. Second, although there are fundamental differences in methodology between experimental scien- tists and historical scientists, they are keyed to a pervasive feature of nature, a time asymmetry of causation. As a consequence, the claim that historical science is methodo- logically inferior to experimental science cannot be sustained. (shrink)

Describes what the author sees as a suppression of the feminine in Western culture, technology, and philosophy and opens a feminist postmodern space from which fresh differences may emerge. This title explores underdeveloped themes in American and Canadian feminism. It offers a deconstruction of the phallocentric dichotomies of nature and culture.

This book examines how ancient authors explored ideas of kingship as a political role fundamental to the construction of civic unity, the use of kingship stories to explain the past and present unity of the polis and the distinctive function or status attributed to kings in such accounts. -/- It explores the notion of kingship offered by historians such as Herodotus, as well as dramatists writing for the Athenian stage, paying particular attention to dramatic depictions of the unique capabilities of (...) Theseus in uniting the city in the figure of the ‘democratic king’. It also discusses kingship in Greek philosophy: the Socratics’ identification of an ‘art of kingship’, and Xenophon and Isocrates’ model of ‘virtue monarchy’. In turn, these allow a rereading of explorations of kingship and excellence in Plato’s later political thought, seen as a critique of these models, and also in Aristotle’s account of total kingship or pambasileia, treated here as a counterfactual device developed to explore the epistemic benefits of democracy. -/- This book offers a fascinating insight into the institution of monarchy in classical Greek thought and society, both for those working on Greek philosophy and politics, and also for students of the history of political thought. (shrink)

American literary realism burgeoned during a period of tremendous technological innovation. Because the realists evinced not only a fascination with this new technology but also an ethos that seems to align itself with science, many have paired the two fields rather unproblematically. But this book demonstrates that many realist writers, from Mark Twain to Stephen Crane, Charles W. Chesnutt to Edith Wharton, felt a great deal of anxiety about the advent of new technologies – precisely at the crucial intersection of (...) ethics and language. For these writers, the communication revolution was a troubling phenomenon, not only because of the ways in which the new machines had changed and increased the circulation of language but, more pointedly, because of the ways in which language itself had effectively become a machine: a vehicle perpetuating some of society’s most pernicious clichés and stereotypes – particularly stereotypes of race – in unthinking iteration. This work takes a close look at how the realists tried to forge an ethical position between the two poles of science and sentimentality, attempting to create an alternative mode of speech that, avoiding the trap of codifying iteration, could enable ethical action. (shrink)

In the technical literature of computer science, the concept of an effective procedure is closely associated with the notion of an instruction that precisely specifies an action. Turing machine instructions are held up as providing paragons of instructions that "precisely describe" or "well define" the actions they prescribe. Numerical algorithms and computer programs are judged effective just insofar as they are thought to be translatable into Turing machine programs. Nontechnical procedures (e.g., recipes, methods) are summarily dismissed as ineffective on the (...) grounds that their instructions lack the requisite precision. But despite the pivotal role played by the notion of a precisely specified instruction in classifying procedures as effective and ineffective, little attention has been paid to the manner in which instructions "precisely specify" the actions they prescribe. It is the purpose of this paper to remedy this defect. The results are startling. The reputed exemplary precision of Turing machine instructions turns out to be a myth. Indeed, the most precise specifications of action are provided not by the procedures of theoretical computer science and mathematics (algorithms) but rather by the nontechnical procedures of everyday life. I close with a discussion of some of the rumifications of these conclusions for understanding and designing concrete computers and their programming languages. (shrink)

This article examines the current use of Jesus language in a convenience sample of twenty-five mission statements from Roman Catholic hospitals and health care systems in the United States. Only twelve statements specifically use the words “Jesus” or “Christ” in their mission statements. The author advocates the use of explicit Jesus language and modeling. While the witness of Jesus in the Gospel healing narratives is not the only corrective to current abuses in the health care delivery system, it is foundational (...) to the integrity of Roman Catholic health care identity and mission. An analysis of Gospel healing narratives is used to illustrate the prophetic dimension of Jesus' wisdom, word, and witness. (shrink)

This article argues that Thomas Pogge's important theory of global justice does not adequately appreciate the relation between interactional and institutional accounts of human rights, along with the important normative role of care and solidarity in the context of globalization. It also suggests that more attention needs to be given critically to the actions of global corporations and positively to introducing democratic accountability into the institutions of global governance. The article goes on to present an alternative approach to global justice (...) based on a more robust conception of human rights grounded in a conception of equal positive freedom, in which these rights are seen to apply beyond the coercive political institutions to which Pogge primarily confines them (e.g. to prohibiting domestic violence), and in which they can guide the development of economic, social and political forms to enable their fulfillment. (shrink)

Coming more than a decade after I first argued that people who are oppressed have an obligation to resist their oppression, this paper expands the implications of the original account and connects it up to some of the important contemporary work published in oppression studies in the interim. I then move on to respond to two critical objections to my view. The first objection charges that the typical severity of oppressive harms is not sufficiently great to ground a general obligation (...) of resistance. The second objection charges that this project would do better to conceive of resistance in political, rather than moral, terms. (shrink)

Despite substantial evidence pointing to a looming Malthusian catastrophe, governmental measures to reduce population have been opposed both by religious conservatives and by many liberals, especially liberal feminists. Liberal critics have claimed that 'utilitarian' population policies violate a 'fundamental right of reproductive liberty'. This essay argues that reproductive liberty should not be considered a fundamental human right, or certainly not an indefeasible right. It should, instead, be strictly regulated by a global agreement designed to reduce population to a sustainable level. (...) Three major points are discussed: 1) the current state of the overpopulation problem; 2) the claim of a fundamental human right of reproductive liberty; 3) an outline of a global agreement to address overpopulation as a 'tragedy of the commons'. (shrink)

This paper explores the analytical relevance of Foucault's notion of biopower in the context of regulating and managing non-human lives and populations, specifically those animals that are the focus of livestock breeding based on genetic techniques. The concept of biopower is seen as offering theoretical possibilities precisely because it is concerned with the regulation of life and of populations. The paper approaches the task of testing the 'analytic mettle' of biopower through an analysis of four policy documents concerned with farm (...) animal genetics: the UK's National Scrapie Plan (2003); the UK National Action Plan on Farm Animal Genetic Resources (2006); the Agriculture and Environment Biotechnology Committee's report on Animals and Biotechnology (2002); and the Farm Animal Welfare Council's report on the Welfare Implications of Animal Breeding and Breeding Technologies in Commercial Agriculture (2004). Of interest is whether and how the four policy case studies articulate a form of biopower in relation to human-livestock animal relations in the context of genetic approaches to livestock breeding, and how biopower is variably expressed in relation to the different policy issues addressed. In concluding, the paper considers the overall applicability and relevance of biopower in the context of regulating animal lives within livestock breeding, highlighting both possibilities and limitations, and offers suggestions for taking forward research on livestock populations from a neo-Foucaultian perspective. (shrink)

Essential Legal Knowledge and Writing Skills focuses on the learning needs of students in legal master's programs. This text provides the knowledge and skills students need to succeed in legal studies and their professional careers. It incorporates student feedback and lessons learned in the authors' combined 30 years of experience teaching master's students. This foundational text covers court and government structure and function. It provides tested tools and strategies to read and analyze cases, statutes, and regulations. The ethics chapter addresses (...) the potential pitfalls of ethical issues and the unauthorized practice of law. The book devotes three chapters to writing, acknowledging that industry leaders seek and promote employees with excellent writing skills. A strong emphasis on regulations provides guidance to the many students who work in highly regulated fields. The text highlights specific strategies to research regulations and submit comments to agencies to effect change in their industries. It equips students with the requisite knowledge of the legal world, and the ability to write cogently about business and the law. Essential Legal Knowledge and Writing Skills is a clear, concise, foundational text grounded in best practices. (shrink)

Arguments in favor of legalized assisted suicide often center on issues of personal privacy and freedom of choice over one's body. Many disability advocates assert, however, that autonomy arguments neglect the complex sociopolitical determinants of despair for people with disabilities. Specifically, they argue that social approval of suicide for individuals with irreversible conditions is discriminatory and that relaxing restrictions on assisted suicide would jeopardize, not advance, the freedom of persons with disabilities to direct the lives they choose. This paper examines (...) the idea promoted by some proponents of assisted suicide that it is reasonable to be depressed about one's diminished quality of life in cases of irreversible illness or disability and, therefore, such depression should not call into question the individual's competence to request assistance in dying. The concept of rational depression is defined and examined in the context of: four real-life cases involving individuals with disabilities who requested assistance in dying; a set of criteria commonly applied to decision-making to determine rationality; and research bearing on the emotional status of people with disabilities. It is concluded that although disability is associated with particular socially mediated stressors, there is no theoretical or empirical evidence to indicate that depression and its role in the right to die is dynamically different, more natural, or more reasonable for disabled people than for non-disabled people. (shrink)