The Archaeology of Israelite Society in Iron Age II. By Avraham Faust. Translated by Ruth Ludlum. Winona Lake: Eisenbrauns, 2012. Pp. xviii + 328, illus. $49.50.

"The Justice of Mercy is exhilarating reading. Teeming with intelligence and insight, this study immediately establishes itself as the unequaled philosophical and legal exploration of mercy. But Linda Meyer's book reaches beyond mercy to offer reconceptualizations of justice and punishment themselves. Meyer's ambition is to rethink the failed retributivist paradigm of criminal justice and to replace it with an ideal of merciful punishment grounded in a Heideggerian insight into the gift of being-with-others. The readings of criminal law, Heideggerian and Levinasian (...) philosophy, and literature are powerful and provocative. The Justice of Mercy is a radical and rigorous exploration of both punishment and mercy as profoundly human activities." ---Roger Berkowitz, Director of the Hannah Arendt Center for Ethical and Political Thinking, Bard College "This book addresses a question both ancient and urgently timely: how to reconcile the law's call to justice with the heart's call to mercy? Linda Ross Meyer's answer is both philosophical and pragmatic, taking us from the conceptual roots of the supposed conflict between justice and mercy to concrete examples in both fiction and contemporary criminal law. Energetic, eloquent, and moving, this book's defense of mercy will resonate with philosophers, legal scholars, lawyers, and policymakers engaged with criminal justice, and anyone concerned about our current harshly punitive legal system." ---Carol Steiker, Harvard Law School "Far from being a utopian, soft and ineffectual concept, Meyer shows that mercy already operates within the law in ways that we usually do not recognize.... Meyer's piercing insights and careful analysis bring the reader to think of law, justice, and mercy itself in a new and far more profound light." ---James Martel, San Francisco State University How can granting mercy be just if it gives a criminal less punishment than he "deserves" and treats his case differently from others like it? This ancient question has become central to debates over truth and reconciliation commissions, alternative dispute resolution, and other new forms of restorative justice. The traditional response has been to marginalize mercy and to cast doubt on its ability to coexist with forms of legal justice. Flipping the relationship between justice and mercy, Linda Ross Meyer argues that our rule-bound and harsh system of punishment is deeply flawed and that mercy should be, not the crazy woman in the attic of the law, but the lady of the house. This book articulates a theory of punishment with mercy and illustrates the implications of that theory with legal examples drawn from criminal law doctrine, pardons, mercy in military justice, and fictional narratives of punishment and mercy. Linda Ross Meyer is Carmen Tortora Professor of Law at Quinnipiac University School of Law; President of the Association for the Study of Law, Culture and the Humanities; and Associate Editor of Journal of Law, Culture and the Humanities. Jacket illustration: "Lotus" by Anthony James. (shrink)

When examining how emotions are evoked through music, the role of musical expectancy is often surprisingly under-credited. This mechanism, however, is most strongly tied to the actual structure of the music, and thus is important when considering how music elicits emotions. We briefly summarize Leonard Meyer's theoretical framework on musical expectancy and emotion and cite relevant research in the area.

_The Opportunity Gap_ aims to shift attention from the current overwhelming emphasis on schools in discussions of the achievement gap to more fundamental questions about social and educational opportunity. The achievement gap looms large in the current era of high-stakes testing and accountability. Yet questions persist: Has the accountability movement—and attendant discussions on the achievement gap—focused attention on the true sources of educational failure in American schools? Do we need to look beyond classrooms and schools for credible accounts of disparities (...) in educational outcomes? The essays in this book reintroduce the overlooked central issue in educational inequity: the lack of opportunity that many social groups face in our common quest for educational attainment. In a series of wide-ranging and carefully nuanced essays, _The Opportunity Gap_ casts much-needed light on the vexed relationship between society and education—and on the crucial, persistent role that education plays in addressing social ills. Contributors include Gilberto Q. Conchas, Raewyn Connell, Pat English-Sand, Linda May Fitzgerald, Patresa Hartman, Jeff Howard, Mieko Kamii, Rafa M. Kasim, Christopher Kliewer, Robert A. LeVine, Sarah E. LeVine, Jodi Meyer-Mork, Robert Parris Moses, Sonia Nieto, Donna Raschke, Stephen W. Raudenbush, Ray C. Rist, Beatrice Schnell-Anzola, Irene Serna, Susan McAllister Swap, and Amy Stuart Wells; with an afterword by Ronald F. Ferguson. (shrink)

Discovering Eve: Ancient Israelite Women in Context. By Carol Meyers.Wives, Harlots and Concubines. By Alice L. Laffey.Jonah. A Psycho‐Religious Approach to the Prophet. By Andre LaCocque and Pierre‐Emmanuel Lacocque.The Temptation and the Passion: The Markan Soteriology, Second Edition. By Ernest Best.Theios Aner and the Markan Miracle Traditions: A Critique of the ‘Theios Aner’Concept as an Interpretative Background of the Miracle Traditions used by Mark. By Barry Blackburn.The Shepherd Discourse of John 10 and its Context: Studies by Members of the (...) Johannine Writings Seminar. Edited with introduction by Johannes Beutler, S.J., and Robert T. Fortna.The Epistle to the Hebrews: A Commentary on the Epistle to the Hebrews. By Harold W. Attridge, edited by Helmut Koester.Structure and Message of the Epistle to the Hebrews. By Albert Vanhoye, translated by James Swetnam.Religious Pluralism and Unbelief: Studies Critical and Comparative. Edited by Ian Hamnett.7he Uniqueness of Christ in the 7heocentric Model of the Christian Theology of World Religions: An Elaboration and Evaluation of the Position ofJohn Hick. By Gregory H. Carruthers.The Jewish Roots of Christian Liturgy. Edited by Eugene J. Fisher.Women, Religion and Sexuuliry: Studies on the Impact of Religious Teachings on Women. Edited by Jeanne Becher.In Whose Image? God and Gender. By Jann Aldredge Clanton.Women Towards Priesthood: Ministerial Politics and Feminist Praxis. By Jacqueline Field‐Bibb.Afrer Eve: Women, Theology and the Christian Tradition. Edited by J. Martin Soskice.Karl Barth: Biblical and Evangelical Theologian. By Thomas F. Torrance.Theology und Dialogue: Essay in Conversation with George Lindbeck. Edited by Bruce D. Marshall.From Theology to Social Theory: Juan Luis Segundo and the Theology of Liberation. By Marsha Aileen Hewitt.Liberation Theology at the Crossroads: Democracy or Revolution. By Paul E. Sigmund.Global Responsibility: In Search of a New World Ethic. By Hans Kung.Marxism, Moralig and Social Justice. By R. G. Peffer.The Political Philosophy of the British Idealists. By Peter P. Nicholson.The Political Philosophy of Michael Oakeshott. By Paul Franco.Divine Action. By Keith Ward.Free Willand the Christian Faith. By W. S. Anglin.Tracrurian Semantics: Finding Sense in Wirrgetisrein's ‘Tractatus’. By Peter Carruthers.The Metaphyics of the ‘Tracratus’. By Peter Carruthers.Realism with a Human Face. By Hilary Putnam.Explanation and its Limits. Edited by Dudley Knowles.Mencius and Aquinas: Theories of Virtue and Conceptions of Courage. By Lee H. Yearly.Hobbes. By Richard Tuck.Freedom and the End of Reason: On the Moral Foundation of Kant's Critical Philosophy. By Richard L. Velkley.Reason in Religion: The Foundarions of Hegel's Philosophy of Religion. By Walter Jaeschke.International Kierkegaard Commentary, VoL 13: The Corsair Affair. Edited by Robert L. Perkins.Ssren Kierkegaard: ‘Eighteen Upbuilding Discourses’. Edited by Howard V. Hong and Edna H. Hong.Lonergan Workshop, Volume 6. Edited by Fred Lawrence.Holy City, Holy Places: Christian Attitudes to Jerusalem and the Holy Land in the Fourth Century. By P. W. L. Walker.Politics, Poetics and Hermeneutics in Milton s Prose. Edited by David Loewenstein and James Grantham Turner.Beauty and Holiness: The Dialogue between Aesthetics and Religion. By James Alfred Martin.Science Deified & Science Defied: The Historical Significance of Science in Western Culture. Volume 2: From the Earl? Modern Age through the Romantic Era ca. 1640 to ca. 1820. By Richard Olson.The Vatican and Zionism: Conflict in the Holy Land, 1895‐1925. By Sergio I. Minerbi.The Social Dimensions of Sectarianism: Sects and New Religious Movements Contemporary Society. By Bryan Wilson.Confessor between East and West: A Portrait of Ukrainian Cardinal Josyf Slipyj. By Jaroslav Pelikan. (shrink)

Carole Pateman is one of the leading political theorists writing today. This wide-ranging volume brings together for the first time a selection of her work on democratic theory and feminist criticism of mainstream political theory. The volume includes substantial discussions of problems of democracy, citizenship and the welfare state, including the largely unrecognized difficulties surrounding women's participation. The inclusion of essays from both a mainstream and feminist perspective provides concrete examples of the differences between these two approaches to democracy, (...) to questions of consent and political obligation, and to the relationship between the private and public spheres. This scholarly and highly challenging work will be of interest to students and researchers in political theory, political science, women's studies and sociology. (shrink)

Pateman challenges the way contemporary society functions by questioning the standard interpretation of an idea that is deeply embedded in American and British political thought: that our rights and freedoms derive from the social contract explicated by Locke, Hobbes, and Rousseau and interpreted in the United States by the Founding Fathers. The author shows how we are told only half the story of the original contract that establishes modern patriarchy. The sexual contract is ignored and thus men's patriarchal right over (...) women is also glossed over. No attention is paid to the problems that arise when women are excluded from the original contract but incorporated into the new contractual order. One of the main targets of the book is those who try to turn contractarian theory to progressive use, and a major thesis of the book is that this is not possible. Thus those feminists who have looked to a more "proper" contract- one between genuinely equal partners, or one entered into without any coercion- are misleading themselves. In the author's words, "In contract theory universal freedom is always a hypothesis, a story, a political fiction. Contract always generates political right in the forms of domination and subordination." Thus the book is also aimed at mainstream political theorists, and socialist and other critics of contract theory. The author offers a sweeping challenge to conventional understandings- of both left and right- of actual contracts in everyday life: the marriage contract, the employment contract, the prostitution contract, and the new surrogate mother contract. By bringing a feminist perspective to bear on the contradictions and paradoxes surrounding women and contract, and the relation between the sexes, she is able to shed new light on fundamental political problems of freedom and subordination. (shrink)

Meyers examines the question of personal autonomy. She observes the effects of childrearing practices and sexual biases, and reflects upon the results in women. Annotation copyrighted by Book News, Inc., Portland, OR.

My aim is to extend and complement the arguments that others have already made for the claim that women who are citizens of economically disadvantaged states and who have been trafficked into sex work in economically advantaged states should be considered candidates for asylum. Familiar arguments cite the sexual violence and forced labor that trafficked women are subjected to along with their well-founded fear of persecution if they’re repatriated. What hasn’t been considered is that reproductive rights are also at stake. (...) I explain how reproductive rights are implicated in sex trafficking. Moreover, I contend that sex traffickers’ abuse of women’s reproductive rights is persecutory and that that this persecutory abuse obliges destination states to offer asylum to transnational sex trafficking victims. I start by sketching reproductive human rights doctrine. I then examine studies of women who are in post-trafficking recovery programs in order to ascertain the impact of their past experience of forced sex work on their reproductive freedom and health. On the basis of these findings, I maintain that, among other outrages, sex trafficking systematically violates victims’ reproductive human rights. In view of this abuse, women trafficked into sex work might seem to be prime candidates for asylum in destination states. Yet, economically well-off destination states are not particularly receptive to this idea, and international law provides some justification for their chilliness. Preliminary to challenging them, I explicate four ways in which international anti-trafficking law and international refugee law interfere with viewing women trafficked into sex work as refugees and approving their applications for asylum. The second half of my paper aims to overcome those legal obstacles. In the interest of parsimony and because there are many continuities between U.S. refugee law and anti-trafficking law and the policies of similar destination states, I focus mainly on the U.S. in this part of the paper. To anchor my argument, I spotlight two precedents in refugee law for taking reproductive human rights seriously and several precedents for treating trafficked women as members of a distinct social group as required by refugee law. I then urge that a law enforcement gestalt has gained undue influence over U.S. legal practices where anti-trafficking law intersects with refugee protection law. A human rights gestalt is needed as a counterweight, for otherwise victims of sex trafficking and the reproductive abuse they’ve suffered are erased. Taking up a human rights perspective and mobilizing the precedents I’ve identified, I show that respecting the reproductive human rights of women who have been trafficked into sex work entails that affluent destination states must recognize their right to asylum. (shrink)

Research on bias in peer review examines scholarly communication and funding processes to assess the epistemic and social legitimacy of the mechanisms by which knowledge communities vet and self-regulate their work. Despite vocal concerns, a closer look at the empirical and methodological limitations of research on bias raises questions about the existence and extent of many hypothesized forms of bias. In addition, the notion of bias is predicated on an implicit ideal that, once articulated, raises questions about the normative implications (...) of research on bias in peer review. This review provides a brief description of the function, history, and scope of peer review; articulates and critiques the conception of bias unifying research on bias in peer review; characterizes and examines the empirical, methodological, and normative claims of bias in peer review research; and assesses possible alternatives to the status quo. We close by identifying ways to expand conceptions and studies of bias to countenance the complexity of social interactions among actors involved directly and indirectly in peer review. (shrink)

_Contract and Domination_ offers a bold challenge to contemporary contract theory, arguing that it should either be fundamentally rethought or abandoned altogether. Since the publication of John Rawls's _A Theory of Justice_, contract theory has once again become central to the Western political tradition. But gender justice is neglected and racial justice almost completely ignored. Carole Pateman and Charles Mills's earlier books, _The Sexual Contract_ and _The Racial Contract_, offered devastating critiques of gender and racial domination and the contemporary (...) contract tradition's silence on them. Both books have become classics of revisionist radical democratic political theory. Now Pateman and Mills are collaborating for the first time in an interdisciplinary volume, drawing on their insights from political science and philosophy. They are building on but going beyond their earlier work to bring the sexual and racial contracts together. In _Contract and Domination_, Pateman and Mills discuss their differences about contract theory and whether it has a useful future, excavate the settler contract that created new civil societies in North America and Australia, argue via a non-ideal contract for reparations to black Americans, confront the evasions of contemporary contract theorists, explore the intersections of gender and race and the global sexual-racial contract, and reply to their critics. This iconoclastic book throws the gauntlet down to mainstream white male contract theory. It is vital reading for anyone with an interest in political theory and political philosophy, and the systems of male and racial domination. (shrink)

The cultural imagery of women is deeply ingrained in our consciousness. So deeply, in fact, that feminists see this as a fundamental threat to female autonomy because it enshrines procreative heterosexuality as well as the relations of domination and subordination between men and women. Diana Meyers' book is about this cultural imagery - and how, once it is internalized, it shapes perception, reflection, judgement, and desire. These intergral images have a deep impact not only on the individual psyche, but (...) also on the social, political, and cultural syntax of society as a whole. Meyer's argues for the necessity of crafting a dissident, empowering, and 'emancipatory counter-imagery' for women. Rigorous, well written, and accessible, the reach of Gender in the mirror is arguably catholic, and addresses the interests or readers across an impressive range of intellectual disciplines. (shrink)

Diana Tietjens Meyers examines the political underpinnings of psychoanalytic feminism, analyzing the relation between the nature of the self and the structure of good societies. She argues that impartial reason--the approach to moral reflection which has dominated 20th-century Anglo-American philosophy--is inadequate for addressing real world injustices. ____Subjection and Subjectivity__ is central to feminist thought across a wide range of disciplines.

How is women’s conception of self affected by the caregiving responsibilities traditionally assigned to them and by the personal vulnerabilities imposed on them? If institutions of male dominance profoundly influence women’s lives and minds, how can women form judgments about their own best interests and overcome oppression? Can feminist politics survive in face of the diversity of women’s experience, which is shaped by race, class, ethnicity, and sexual orientation, as well as by gender? Exploring such questions, leading feminist thinkers have (...) reinvigorated work on the concept of self and personal identity, as demonstrated by the discussions in this insightful volume.The concerns that animate feminist scholarship have prompted feminist philosophers to sideline the theme of individualism and to focus on the theme of intersubjectivity. In conceptualizing the self, the contributors to this volume highlight emotional bonds among people, the stories people tell one another, and the systems of categories and behavioral norms that unite and divide groups of people. Topics addressed include sexual violence and the self, the social self and autonomy, the narrative self and integrity, self-ownership and the body, forgetting yourself and your race, group membership and personal identity, grief and gender, sympathy and women’s diversity, emotion and emancipatory epistemology, and dependency and justice. This volume will be important reading for students of feminist theory, ethics, and social and political philosophy. (shrink)

Claudia Card did not live long enough to complete her work on surviving evils. Yet she left us an invaluable body of work on this topic. This essay surveys Card's views about the nature of evils and the ethical quandaries of surviving them. It then develops an account of survival agency that is based on Card's insights and in keeping with the agentic capacities exercised by Yezidi women and girls who have escaped from ISIS's obscene program of trafficking in women (...) and sexual violence. Card holds that true survival requires not only staying alive and as healthy as possible but also preserving your good moral character. The essay maintains that while exercising agency to elude evil and protect yourself often depends on your own skills and personality traits, exercising agency to restore or develop your moral character often depends on social support. (shrink)

Lying to one’s patients is wrong. So obvious as to border on a platitude, this truism is one that bioethicists have heartily endorsed for several decades. Deception, the standard line holds, underc...

Clinical ethical consultants are subject to an unavoidable conflict of interest. Their work requires that they be independent, but incentives attached to their role chip relentlessly at independence. This that they be independent, is a problem without any solution, but it can at least be ameliorated through careful management.

In this article, we describe the social and economic changes that have contributed to contemporary problems of work—family conflict, gender inequality, and risks to children's healthy development. We draw on feminist welfare state scholarship to outline an institutional arrangement that would support an earner—carer society—a social arrangement in which women and men engage symmetrically in paid work and unpaid caregiving and where young children have ample time with their parents. We present a blueprint for work—family reconciliation policies in three areas—paid (...) family-leave provisions, working-time regulations, and early childhood education and care—and we identify key policy design principles. We describe and assess these work—family reconciliation policies as they operate in six European countries widely considered to be policy exemplars: Denmark, Finland, Norway, Sweden, Belgium, and France. We close with an analysis of potential objections to these policies. (shrink)

To arrive at their final evaluation of a manuscript or grant proposal, reviewers must convert a submission’s strengths and weaknesses for heterogeneous peer review criteria into a single metric of quality or merit. I identify this process of commensuration as the locus for a new kind of peer review bias. Commensuration bias illuminates how the systematic prioritization of some peer review criteria over others permits and facilitates problematic patterns of publication and funding in science. Commensuration bias also foregrounds a range (...) of structural strategies for realigning peer review practices and institutions with the aims of science. (shrink)

Due to natural selection pressure, certain aspects of memory may have been selected to give humans a survival advantage. Research has demonstrated that processing information for survival relevance leads to better item memory (i.e., the content of information) compared to control conditions. The current study investigates the effects of survival processing on context memory (i.e., memory for peripheral episodic details) and item memory to better understand when the survival processing memory advantage emerges. In this study, participants viewed objects in either (...) a plausible color, for example a red apple, or in an implausible color, such as a green pie. We chose this color plausibility manipulation because color is a detail that conveys information about the fitness of an item. After studying items in either a survival or moving (control) condition, participants made item memory judgments (did you see this item before?), and two context memory judgments: color context (in which color did you see this item?), and source context (in which condition did you see this item?). Results indicated better item memory for materials processed in the survival relative to moving condition. Critically, for color context there was a condition by plausibility interaction, where memory was best for plausibly colored items in the survival processing condition. There was no difference, however, in source context memory between the survival and moving conditions. These results suggest the survival processing memory advantage extends to some contextual details, but only those details that tap into the survival utility of items, such as color. (shrink)

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An empirically sensitive formulation of the norms of transformative criticism must recognize that even public and shared standards of evaluation can be implemented in ways that unintentionally perpetuate and reproduce forms of social bias that are epistemically detrimental. Helen Longino’s theory can explain and redress such social bias by treating peer evaluations as hypotheses based on data and by requiring a kind of perspectival diversity that bears, not on the content of the community’s knowledge claims, but on the beliefs and (...) norms of the culture of the knowledge community itself. To illustrate how socializing cognition can bias evaluations, we focus on peer-review practices, with some discussion of peer-review practices in philosophy. Data include responses to surveys by editors from general philosophy journals, as well as analyses of reviews and editorial decisions for the 2007 Cognitive Science Society Conference. (shrink)

In Abram Brummett and Erica K. Salter's excellent paper, “Mapping the Moral Terrain of Clinical Deception,” they rightly note that it is sometimes ethically appropriate for health care professionals to deceive patients and families. However, they also note that because doing so violates a prima facie duty of honesty, the ethical burden of proof falls upon the deceiver. Hence, they also provide a sophisticated framework for determining whether any given case is warranted. I applaud their overall approach but also critique (...) some of their claims, in particular, their conclusion that lies of commission require greater justification than those of omission and their conflation of the principles of beneficence and nonmaleficence. I also urge them to give greater attention to how power asymmetries should be accounted for and to the impact such deceptive choices might have on the clinician's character. (shrink)

Ever since Freud pioneered the “talking cure,” psychologists of various stripes have explored how autobiographical narrative bears on self-understanding and psychic wellbeing. Recently, there has been a wave of philosophical speculation as to whether autobiographical narrative plays an essential or important role in the constitution of agentic selves. However, embodiment has received little attention from philosophers who defend some version of the narrative self. Catriona Mackenzie is an important exception to this pattern of neglect, and this paper explores Mackenzie’s work (...) on embodiment and self-narrative with the aim of better understanding the adequacy of autobiographical narrative as an account of the agentic self. I argue that Mackenzie’s narrative account of embodied subjectivity and agency is incomplete, for it over-estimates the reach of narrative and underestimates the cognitive and agentic powers of the lived body. (shrink)

The aim of this chapter is to draw attention to an overlooked dimension of sex trafficking—namely, its abuse of women’s reproductive rights; to diagnose a tension between international anti-trafficking and refugee law and US anti-trafficking and immigration law; and to show that US anti-trafficking and immigration law is enforcing a misguided conception of victims that denies recognition to agentic victims of human rights abuse. Although women who have been trafficked into sex work should be prime candidates for legal protection, they (...) aren’t. Criminal and legal practices amount to a three-way struggle over women’s bodily integrity and autonomy. Because misconceptions about victimhood perpetuate this cyclical struggle, I argue for legal reforms based on a credible conception of victimhood. (shrink)

A collection of some of my previously published papers with an introduction and a new chapter.

One of the most familiar arguments for expressivist metaethics is the claim that the rival theory, moral realism, cannot provide a satisfying explanation of why moral properties supervene on natural properties. Non-cognitivism, however, has its own problems explaining supervenience. Expressivists try to establish supervenience either by second-order disapproval of type-inconsistent moral evaluations or by pragmatic considerations. But disapproval of inconsistency is merely a contingent attitude that people happen to have; and pragmatic justification does not allow for appraisers to take their (...) own moral attitudes seriously enough. What has been overlooked is a third alternative. The metaethical theory that can best account for supervenience is neither realist nor non-cognitivist but an objectivist version of constructivism. On the constructivist theory, right and wrong are determined by the principles that people would (hypothetically) consent to under ideal conditions. Type-consistency is a required feature of any principles regulating our conduct, if they are to be freely agreed to by ideally rational people. (shrink)

This volume brings together exciting and provocative new feminist readings of famous classic and contemporary texts from Plato to Habermas.