continent. 1.4 (2011): 242—252. Introduction The following two works were produced by visual artist Jonas Staal and writer Vincent W.J. van Gerven Oei during a visit as artists in residence at The Bag Factory, Johannesburg, South Africa during the summer of 2010. Both works were produced in situ and comprised in both cases a public intervention conceived by Staal and a textual work conceived by Van Gerven Oei. It was their aim, in both cases, to produce complementary works that could (...) be read “through each other,” in which the movement of artistic construction would be imitated by textual deconstruction and vice versa. Both works deal with the way in which capital, apartheid, and monumentality are interwoven in South-African society. The Missing Link addresses a monument for democracy, erected on the premises of a private corporation running both an amusement park and the Apartheid Museum franchise. The textual intervention accompanying this public intervention investigates the limits of the inclusiveness of the anti-discrimination section in the South-African constitution, itself a monumental work of democracy. The Monument for the Distribution of Wealth deals with the history and eventual dissolution of a monumental square, commemorating the Soweto Uprising, in one of the poorest townships of Johannesburg. The history accompanying this public dismemberment of memory is equally fragmented, which is expressed by the many voices recounting uncertain and perhaps even irrelevant “facts” about the genius loci, the way in which the memorial space has actually entered into the memory of the inhabitants surrounding it. Next to their individual practices, Staal and Van Gerven Oei have worked together on a number of projects ever since 2007, including several art residencies. Their work involves an investigation of the different interfaces between art, politics, and public space in media ranging from theater and public interventions, to video installations and (co-authored) textual works. The Missing Link Missing Link (1) Missing Link (2) Missing Link (3) Intervention on the monument entitled The Seven Pillars of the Constitution , part of the Apartheid Museum in Johannesburg, South Africa. The Seven Pillars represent the constitutional values propagated in South Africa since the abolition of the apartheid regime. The monument and museum were built by the Gold Reef Resorts corporation, which is also responsible for the theme park and casino next to it. By placing the word “capitalism” on the wall surrounding the museum, the capitalist system and the constant social divisions that it implies are interpreted as sophistic continuations of apartheid politics. Through the capitalist system, apartheid is still operational within South African society. Whereas during the apartheid regime, the separation clearly ran along race divisions, in the current, “democratic” system, the same actual separation is sustained without it being an explicit element of the foundations of the country, i.e. the constitution. This intervention foregrounds the constant role of capitalism is both periods. At the same time the intervention acknowledges that contemporary Western artisthood is a mirror of the privileges that are offered by the capitalist system, and the type of artist that it produces. The intervention initiates a critical discourse concerning the capitalist system situated within the disaster of capitalism itself, in other words: through the desire to break with the presumption that art would be able to operate outside the capitalist system and to confirm that art—and the artist himself—is in fact modeled on this system. The public intervention by Staal was supplemented by a textual intervention by Van Gerven Oei: a proposition to alter the seventeenth amendment of the South African constitution. Even though the anti-discrimination legislation in South-Africa is one of the most stringent and inclusive in the world, one factor—wealth—remains outside its scope, thus continuing the schisms along racial lines produced during the apartheid regime: §9.3. The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth, and wealth. Monument for the Distribution of Wealth Intervention concerning the June 16 Memorial Acre in Central Western Jabavu, one of the poorest townships of Johannesburg. The monument comprises a park on which different are placed recalling an important protest the black population against the former apartheid regime. In 1976, from a school adjacent to the park, they started a massive protest against the introduction of Afrikaans in the school curriculum. The police reacted violently, and shot several hundreds of students. The construction of the June 16 Memorial Acre was started in 2005, and from the start was the paragon of corruption. Coordinated by local politicians, some family members of the protest leader from 1976 gained control of the realization of the monument, outside the regulation through external institutions. The available budget of 41 million rand (at that time well over 5 million euro) was largely embezzled. In the meantime, the monument has become fully dilapidated and defaced. The park has become overgrown with weeds and covered in a layer of dirt, and the local population is slowly plundering the square to use the material for the construction and decoration of their own houses. The Monument for the Distribution of Wealth develops the dynamics already existent around the June 16 Memorial Acre. Without obtaining official permission in advance, several local inhabitants were hired to break down the monument, sort the materials, and offer it to the neighborhood. Thus, the redistribution of wealth after the fall of the apartheid regime is finally taking place, albeit from the mere remains of the capital that was once invested in the community. The words “monument” and “for free” are spray-painted on the stacks of material, both in English and Zulu, as these are locally the most common languages. Van Gerven Oei supplemented Staal’s public intervention with an account of the history of the monument based on a series of interviews. The account clarifies how the different interests within the protest 1976 are reflected in the exceeding decay of the park, and how in the end those interests were represented by the June 16 Memorial Acre. Monument for the Distribution of Wealth 1: Removing stones Monument for the Distribution of Wealth 3: Pulling down statues Monument for the Distribution of Wealth 4: Offering the material Monument for the Distribution of Wealth 5: Offering the material Monument for the Distribution of Wealth 6 The next day A Fragmentary History of the Monument for the Distribution of Wealth, Formerly Known as the June 16 Memorial Acre in Central Western Jabavu, Soweto Vincent W.J. van Gerven Oei The following text, based on interviews and online research aims to provide parts of a history of the park in front of Morris Isaacson High School in Central Western Jabavu, Soweto. The idea for the transformation of the park into a memorial site has its source in the events of June 16, 1976: the start of the the student uprising in Soweto. The development of the park was started in the early 1980s, and the actual transformation into a memorial site, the June 16 Memorial Acre, was initiated in 2005. Over the last few years, several monumental additions have been made to the park: A marble monument with three pillars was revealed on June 16, 2006. A sculpture of a book and several billboards on June 16, 2008. A sculpture of student leader Tsietsi Mashinini on June 16, 2010. The park was transformed into the Monument for the Distribution of Wealth on August 3, 2010. According to the entry “Youth Struggle” on the website South African History Online, the Bantu Education Act was introduced in 1953 . In 1954 , Dr Verwoerd, Minister of Native Affairs, stated: “What is the use of teaching the Bantu child mathematics when it cannot use it in practice? That is quite absurd.” According to the entry “Soweto uprising” on Wikipedia, the Afrikaans Medium Decree was issued in 1974 , forcing all black schools to use Afrikaans and English in a 50-50 mix as languages of instruction. The Regional Director of Bantu Education (Northern Transvaal Region), J.G. Erasmus, told Circuit Inspectors and Principals of Schools that from January 1, 1975 , Afrikaans had to be used for mathematics, arithmetic, and social studies from standard five (7th grade). English would be the medium for general science and practical subjects. Indigenous languages would be used for religion instruction, music, and physical culture. According the entry “Soweto uprising” on Wikipedia, on April 30, 1976 , students from the Orlando West Junior School in Soweto went on strike, refusing to go to school. Their example was followed by other schools in Soweto. A student from Morris Isaacson High School, Toboho “Tsietsi” Mashinini, proposed a meeting on June 13, 1976 to discuss further action. According to Weizmann Hamilton’s article “The Soweto Uprising 1976,” which appeared in the September 1986 edition of Inqaba Ya Basebenzi (Fortress of the Revolution), on June 13, 1976 , the South African Students’ Movement called a meeting at the Donaldson Community Center in Orlando. 300-400 Students representing 55 schools decided to hold a mass demonstration on June 16. According to Brian Mokhele, member of the Joint Community Safety Forum, Dr Edelstein was the first victim of the Soweto uprising and killed the day before the march on June 15, 1976 . Edelstein was an administrator at the pass office in Jabavu and gave golf courses to the local community. Edelstein was put in a garbage bin and pierced by pickaxes. The garbage bin was left at the very spot of the murder for many years. A few years ago, a child was beheaded at the same spot, and the basketball court next to it has been abandoned since. According to Marcus Neustetter, founder of the Trinity Session, this story is untrue. According the entry “Soweto uprising” on Wikipedia, on June 16 , Tsietsi Mashinini led students from Morris Isaacson High School to join up with others who walked from Naledi High School. A crowd of between 3,000 and 10,000 eventually ended up near Orlando High School. According to Raymond Marlowe, a local photographer, Tsietsi Mashinini was heading the march. According to the entry “Hector Pieterson” on Wikipedia, Dr Edelstein died on June 16, 1976 , stoned to death by mob and left with a sign around his neck proclaiming “Beware Afrikaaners.” The first child to die that day was called Hastings Ndlovu. According to Pat Motsiri, Orlando West is claiming struggle heritage through the Hector Pieterson Museum, while Hector Pieterson was from Jabavu. According to Pat Motsiri, his generation effectively struggled between 1980 and 1991, forcing the release of Nelson Mandela and negotiations with the apartheid regime while the 1976-generation was safely in exile. Nevertheless, this has not been recognized in any monument. After the abolition of apartheid, the generation from 1976 returned from exile, occupied important government and ANC positions, creating an abundance of 1976 memorials and refusing to acknowledge that this was only possible because of the younger generation’s struggle. He calls this a generational conflict. According to Archibald Dlamini, the park officer responsible for the Memorial Acre, he started working for the municipality in 1978. In 1981/82 , Isaac Makhele from Pimville, who used to work in the cemetery business, was the first developer of the park. It used to be just a normal park until City Parks decided to develop the Memorial Acre in 2006. In 2007 the work was stopped by the community. According to Brian Mokhele, he left the country in 1989 after he participated in the riots of 1986. But when he returned in 1999 he found that nothing had changed. He says that they were promised to be protected by the Constitution, but that reality is different. The police uses fear to suppress them so that they don’t come out to talk openly. He has been arrested twice, both times harassed and tortured by the police, but in the end always released without indictment. He says that this is their way to threaten communities to back off from politics. According to Moses, who is sitting outside rolling a joint, Brian knows everything. He tells Brian to tell me everything he knows. According to Brian Mokhele, Tsietsi Mashinini was possibly murdered in 1990 during his exile in New York. Two weeks before he was supposed to return to South Africa, his papers in order, he was found dead under mysterious circumstances. His coffin was sealed when he was buried. According to Pat Motsiri, he came up with the idea for the Memorial Acre in 2003 . He submitted the documents for the proposal to the council, which sidelined him as soon as the budget came out in 2005 . According to Brian Mokhele, there was on estimation R 41,000,000 spent to redesign the park and turn it into the Memorial Acre. The millions were divided by Amos Masondo, the mayor of Soweto, the local councilor Bongani D. Zondi, and the director of the city of Johannesburg, Pat Lephunya. They were dividing the money between several contractors: Tsietsi Mashinini’s brothers were involved in the development of the park, they got the tender to do the green areas, the landscaping. Construction was done by other companies, some did the paving, the toilets, etc. EMBA, a private company appointed by the municipality was in control of the money flow, but the money was quickly gone. According to Raymond Marlowe, the contractor bought a BMW with the money. According to Archibald Dlamini, the Mashinini brothers got the tender, so the space would look more like the other places around in Soweto. It was agreed that after they were done, they would return the property to the municipality. They did whatever they could do. According to Mafaisa, a member of the Jabavu business community, he was one of the contractors for the landscaping and the pavement under Mpho Mashinini, one of the brothers. He says that I should contact Mavi for information on Mpho. According to Poi Stuurman, a local youth worker, Mafaisa is one of the guys who ran away with the money. According to Mavi, Mpho Mashinini was never a contractor. The contracts were organized by Sbu Butelezi, the former head of the Gauteng Department for Public Works. The June 16 Foundation and the Mashinini brothers will be the beneficiaries of the park when it is finished. According to Brian Mokhele, City Parks did not accept the Memorial Acre because it was not finished. The rest of the year, the unfinished park is not maintained, as should have happened. This was done deliberately so that in the end they can just clean the whole thing up and have a reason to redo the whole park. According to Brian Mokhele, the Mashinini brothers now work for the government. People that manipulate for money purposes always come from the government’s side. Because the park was left unfinished, the people from the neighborhood are taking away the stones to decorate their own homes with. According to Archibald Dlamini, because City Parks doesn’t accept responsibility of the park, he officially has nothing the guard, except for his cottage, which is municipal property. The thieves come at night and destroy the park, but he cannot do anything because he is sleeping. According to the website of the Thanda Foundation on June 16, 2006 a bronze statue of Hector Pieterson, the first child to die in the 1976 protests, made by Kobus Hattingh and Jacob Maponyane was unveiled in the Maponya Mall in Soweto. The statue is sculpted after the famous image shot by Sam Nzima of Mbuyisa Makhubo carrying the dead body of the boy. The sculpture was sponsored by the Thanda Foundation, founded by the Swedish entrepreneur Dan Olofsson and South-African entrepreneur Matthews Phosa. According to the official website of the City of Johannesburg, the Memorial Acre and Artwork were unveiled in 2006. According to a blog post on sowetouprisings.com, the Memorial Acre was still under development on July 24, 2006. According to Archibald Dlamini, City Parks only cleans up the park once a year just before the June 16 celebrations. Everybody is waiting for the Mashinini brothers to finish their job. The last time he talked with them was in 2007 . According to a sign on the school grounds of the Morris Isaacson High School, the June 16 Trail will be finished in 2008 . According to a blog post on sowetouprisings.com, the Memorial Acre contains another monument erected in Tsietsi’s honor. The monument was created as part of the Sunday Times Heritage Public Art program. Its physical form resembles a giant book which symbolizes the crisis in education experienced in 1976. On the face of the book is the map of the route taken by the students from Morris Isaacson High School in Central Western Jabavu to Phefeni Junior Secondary in Orlando West (currently the site of the Hector Pieterson Museum), while the back cover of the ‘book’ is inscribed with a tribute to Tsietsi Mashinini. The monument was revealed on June 16, 2008 . According to Marcus Neustetter, the billboards on the Memorial Acre were part of a school project realized in 2008. Following several workshops, the students from different high schools along the June 16 Trail were invited to work with artists on the billboards, while the neighborhood community was invited to watch the process during the festivities on June 15 and 16, 2008 . The billboards were supposed to be removed because of construction works on the Memorial Acre, which never ended up happening. According to Brian Mokhele, the former toilet facilities were converted into a house for the park officer. This park officer has been working for city parks for more than 12-15 years, but does nothing here, because the park, including the new toilet buildings, is not finished. The government is now moving around looking for people to take this job because they stopped it. They confronted everybody who was going in and chased them away. According to John, in 2009 , some girls, around 16 or 17 years old, were raped by four men who had been drinking in a local shebeen. When the bar quit they said that they would go home by car, but instead raped the girls on the Memorial Acre nearby. This happened in the unfinished toilets, because the doors couldn’t be closed. According to Brian Mokhele, there used to be some fences around the park because of the construction work that was eventually stopped, but these were also stolen. According to Archibald Dlamini, people from the neighborhood started about two and a half years ago, and the last piece was stolen near the end of 2009 . Sometimes he would catch someone with a roll of fence, and then use it for his own cottage. According to the official website of the City of Johannesburg, a statue of Tsietsi Mashinini by Johannes Pokhela was revealed on June 16, 2010 , “Youth Day.” According to Shirley Makutoane, deputy principal of Isaac Morrison High School, the statue of Tsietsi Mashinini, funded by the June 16 Foundation, has temporarily been placed within the school perimeter. The statue will be moved to the Memorial Acre when it will be finished, in 2011 . According to Brian Mokhele, beside the June 16 Foundation, there is also a June 16 Memorial Acre Foundation. Both foundations are quarreling about the money involved in the Memorial Acre project. Nobody knows who’s involved in them. According to Marcus Neustetter, the June 16 Foundation consists of people that were part of 1976 protest movement, local government officials, representatives of the Hector Pieterson Museum, and the council. According to students from the Isaac Morrison High School, the statue of Tsietsi Mashinini is on the school ground because on the Memorial Acre it would be vandalized by youths from White City, an adjacent neighborhood. Accorcing to Brian Mokhele, the statue of Tsietsi should eventually be mounted on the Memorial Acre. It is wrong that the statue is in the school at the moment, because it is not a public school. He wants the statues to depict the massiveness of the force that was coming into Soweto after the protests. According to Brian Mokhele, City Parks, City of Jo’burg, City Lights, and SAPS are making some sort of plan to take the plan back. They want to remove the trees from the Memorial Acre, and redesign the Memorial Acre into a relaxing park, without political content. They want to depoliticize the square. In doing so,they will have their own employment and not use local workforces. According to Brian Mokhele, the community wants to remove the monuments, amphitheater, and sculptures from the Memorial Acre because they do not resemble anything. The sculptures should be depicting the truth of what happened, because the Memorial Acre is a political heritage site. He wants to involve the people that actually participated in the struggle to make the monument so that everyone can enjoy it and get a better understanding of the struggle heritage. Therefore, he proposes collective ideology in which everyone has a say. This would prevent future vandalization of the monument. According to Pat Motsiri, the sculptures must depict the event around June 16, 1976. Like the story of Dr Edelstein, who was pierced by pickaxes, forced into a garbage bin and burned alive. According to Jonas Staal, the Memorial Acre should be destroyed, its elements stacked on pallets, thus forming the Monument for the Distribution of Wealth . According to Mafaisa, his men can do the work quickly. He has about twenty men working under him. (shrink)

Court (Shar’iyya) recordings are at the forefront of primary written sources, which contain important documents related to Turkish history, sociology and culture. The court records shed light on city history of the period concerned with rich information and documents. These records are important books in which the documents related to the judicial, administrative, economic, architectural and social structure of a city as well as diplomatic correspondence between the center and the province were recorded. The purpose of this study (...) is to prepare a detailed catalog in addition to the catalog which was made in 1963 and contained only 119 books specifying only the dates covered by the book number. As we have seen in this study, all of the 119 notebooks in the records do not consist of the court registers in the known form. They are the books that include the records of court proceedings, which are different from those of the court, especially after the Tanzimat e.g. Qassam, Enkiha, Zabt al-Da’wa, Permission and so on. The microfilms of the books were presented to the service of researchers in Sivas Ziya Bey Library of Ancient Works. The originals of the books are in the Prime Ministry State Archives.SummaryShar’iyyaregisters are one of the primary written sources about Turkish history, sociology, and culture relevant to our life. Registry records shed light on the history of city in the relevant period by containing rich information and documents. They are important notebooks, which are related to the judicial, administrative, economic, architectural and social structure of a city, and also in the form of diplomatic correspondence between the central and provincial posts.After the Anatolian Selçuk (Saljūq) State, which collapsed under the pressure and domination of the Iranian Mongols in the last half of the XIIIth century, a state was established in the Selçuk-Byzantine border in the north-west of Anatolia in XIVth century, which did not even lasted a hundred years and had a reign in three continents. In the Bursa inscription, which dated to 1337/8, the second Ottoman Sultan (Sulṭān) Orhan was titled as the mujahedeen (warrior), the sultan of the veterans, son of veteran of veteran. The fact that Orhan carring these titles shows that since the earliest times, the Ottoman sultans considered themselves as the leader of the religious war against the infidels. Since the first years of the establishment of the Ottoman State, the Sharīʿa ruled on the establishment of administration and for this reason, they established institution of the Shaykh al-Islām(the chief juristconsult). Firstly, by appointing a subaşı(subashi, an Ottoman gubernatorial title) to the conquered places, then it gradually began to establish judicial courts from the smallest areas.In the XVth century, the number of qāḍī increased in parallel with the increase in their jurisdiction as a result of the expansion of the Ottoman Empire, and the proliferation of the administrative units called sancak, (sanjaq, division of a province) and so the failure of oneqāḍīto satisfy court affairs of an entire sanjaq. New districts arose from some of the former large districts. As a result of this in the XVIth century, the administrative system of the sanjaq's Tımar system and at the same time a geographical integrity of the districts/provinces to see the legal work of a qāḍī to pass by the districts and sub-district as a legal caused to occur two legal definitions that is legal and military administrative. Records of qāḍīs, which is called as sicilemerged because it was their duty to record their works and orders issued to them and the answers and the provisions given to them.The courts of Shar’iyyaserved as primary general courts (maḥākim-i ʿumūmiye) until the declaration of the Tanẓīmāt in the Ottoman Empire and heard the suit at legal, criminal, administrative, military, financial and all kinds of cases. Tanẓīmāt period, or rather Maḥmūd II and the period following him, the judicial organs in terms of reorganization was a circuit that was on the scene.In this way, which was occurred in the judicial system, records which were kept in the Meşihat (Mashīkhat) began to diversify depending on this change. Since in the registry books, which we call classical, all correspondence between the central and provincial offices were recorded. Records such as pleas, letters of patent, verdicts, order of the high, bonds etc. could be found in these documents.These records, which are one of the most important sources of an Ottoman city history, were kept in the museums and libraries of the cities until recently. A few years ago, these records, with a correct decision, were collected in the Prime Ministry Ottoman Archives and it was preserved and presented to the use of researchers by transferring them into digital. The Sivas Court building as it is known in history is now in the Pāshābeg quarter and known as the Court Bazaar in these days. There is no clear information about when the court was built in Sivas. In time, changes have occurred in cities and we are losing the historical side of them. In addition, the fact that people acted in an unconscious manner that would harm the historical texture was the biggest factor in disappearance of material remains. With the remaining physical materials available, we can only access crumb information and we can only make predictions. In this evaluation, the biggest materials are the documents and notebooks, which are the memory of city dates. However, it is understood from the records that there is a foundation belonging to this court and some of the court's repair and maintenance works were carried out by this foundation. As it is understood from a document dated 14 August 1798, one of the repairs was sponsored by Ḥüseyin Efendī. In an inscription dated 1906, which was found during the renovation of the basement of an apartment building owned by the General Directorate of Foundations in May 2018, the location of the building was previously known as the Sivas Muftī 's Office.In this study, a total of 240 registry books belonging to Sivas were prepared as in a catalog system. In this study, we have seen that a great deal of records have been lost, burnt or destroyed in a certain way through history. The burn marks in the records of 79 is a striking example in this regard. The book number 139, which is not shown in Osman Ersoy's work, is a record book in classical form. An important case in this study is that the register number 206, which is registered to Sivas, belongs to the province of Burdur and it is also a registry book in classical form. This book covers the dates of 18 M. 1248/23 N.1250 - 1832-1835. (shrink)

People v. Strauss-Kahn is an ideal lens through which to examine the operation of a criminal justice system that privileges the presumption of guilt, or, to use the words of the US Supreme Court in the 2012 decisions Lafler v. Cooper and Missouri v. Frye, has become “a system of pleas, not a system of trials.” It is both an excellent example of a transparent and objective invocation of the criminal sanction, and a sharp counterpoint to the vast majority (...) of cases where law enforcement conclusions are privileged and rarely second-guessed. As analyses of wrongful convictions have sadly but inevitably demonstrated, the screening methods of police and prosecutors are fallible. Moreover, the prevalence of “tunnel vision” once the decision to charge has been made means that few cases experience the kind of post-indictment investigation and reevaluation seen in the prosecution of Dominique Strauss-Kahn. Stage by stage, the Strauss-Kahn case illustrates how to counterbalance the presumption of guilt and give expression to the presumption of innocence in the pretrial period through vigilantly-invoked and enforced due process protections. Drawing from this examination, the paper will then explore how to approach this model process in the more standard cases, which typically see a fraction of the judicial, law enforcement, and defense resources afforded Dominique Strauss-Kahn. The Strauss-Kahn prosecution offers several insights, three of which will be sketched at the paper’s conclusion: a requirement that prosecutorial decision-making be subject to a reasonable doubt standard; vigilant and early enforcement of the prosecutor’s obligation to disclose information that is favorable to the accused; and finally, a requirement that a prosecutor explain in writing any decision to dismiss the felony charges in indicted felony cases, so that the factual, legal and policy bases of these decisions (numbering almost one quarter of New York’s superior court felony cases annually) can be analyzed and publicized. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Books ReceivedAt the Eleventh Hour: The Biography of Swami Rama. By Pandit Rajmani Tigunait, Ph.D. Honesdale, Pennsylvania: Himalayan Institute Press, 2002. Pp. 427. Hardcover $18.95.Awakening and Insight: Zen Buddhism and Psychotherapy. Edited by Polly Young Eisendrath and Shoji Muramoto. Hove, England: Brunner-Routledge, 2002. Pp. xii + 275. Paper $24.95.Beyond Metaphysics Revisited: Krishnamurti and Western Philosophy. By J. Richard Wingerter. Lanham, Maryland: University Press of America, 2002. Pp. vii + (...) 391. Hardcover $71.00.Bhāmatī and Vivaraṇa Schools of Advaita Vedānta: A Critical Approach. By Pulasth Soobah Roodurmun, foreword by V. N. Jha, and edited by Kanshi Ram. New Delhi: Motilal Banarsidass Publishers, 2002. Pp. xv + 297. Price not given.A Bibliography of Ananda Kentish Coomaraswamy. By James S. Crouch. New Delhi: Indira Gandhi National Centre for the Arts and Manohar Publishers and Distributors, 2002. Pp. 430. Price not given.Crisis Theory and World Order: Heideggerian Reflections. By Norman K. Swazo. Albany: State University of New York Press, 2002. Pp. x + 289. Hardcover $78.50. Paper $26.95.Devotional Literature in South Asia: Current Research 1997-2000: Proceedings of the Eighth International Conference on Early Literature in New Indo-Aryan Languages, Leuven, 23-26 August 2000. Edited by Winand M. Callewaert and Dieter Taillieu. New Delhi: Manohar Publishers and Distributors, 2002. Pp. xxii + 324. Price not given.Dharma Bell and Dhāraṇī Pillar: Li Po's Buddhist Inscriptions. By Paul W. Kroll. Kyoto: Italian School of East Asian Studies, 2001. Pp. viii + 95. Price not given.Essays on the Moral Philosophy of Mengzi. Edited, with introduction, by Xiusheng Liu and Philip J. Ivanhoe. Indianapolis and Cambridge: Hackett Publishing Company, 2002. Pp. xiv + 249. Hardcover $39.95. Paper $16.95. Professional price $12.95.Ethical Questions: East and West. Edited by Bina Gupta. Lanham, Maryland: Rowman and Littlefield Publishers, 2002. Pp. vi + 279. Hardcover $70.00. Paper $26.95.Ethical Relativism and Universalism. By Saral Jhingran. New Delhi: Motilal Banarsidass Publishers, 2001. Pp. xiv + 385. Price not given.Genius-In Their Own Words: The Intellectual Journeys of Seven Great 20th Century [End Page 431] Thinkers. Edited and with introduction by David Ramsay Steele, foreword by Arthur C. Danto. Chicago and La Salle: Open Court, 2002. Pp. xxii + 366. Paper $24.95.The Hatha Yoga Pradipika. The original Sanskrit by Svatmarama, an English translation by Brian Dana Akers. Woodstock, New York: YogaVidya.com, 2002. Pp. xii + 115. Hardcover $19.95. Paper $11.95.Human Rights and Chinese Thought: A Cross-Cultural Inquiry. By Stephen C. Angle. New York: Cambridge University Press, 2002. Pp. xviii + 285. Hardcover $65.00. Paper $23.00.Indestructible Truth: The Living Spirituality of Tibetan Buddhism. By Reginald A. Ray. Boston and London: Shambhala Publications, 2002. Pp. x + 495. Paper $17.95.Introduction to Eastern Thought. By Marietta Stepaniants. Edited by James Behuniak and translated by Rommela Kohanovskaya. Lanham, Maryland: AltaMira Press, a division of Rowman and Littlefield Publishers, 2002. Pp. xiv + 293. Hardcover $69.00. Paper $24.95.Jainism and Ecology: Nonviolence in the Web of Life. Edited by Christopher Key Chapple. Cambridge: Harvard University Press for the Center for the Study of World Religions, 2002. Pp. xliv + 252. Hardcover $32.95. Paper $22.95.Mediating the Power of Buddhas: Ritual in the Mañjuśrīmūlakalpa. By Glenn Wallis. Albany: State University of New York Press, 2002. Pp. xiii + 263. Hardcover $86.50. Paper $29.95.Methodology in Religious Studies: The Interface with Women's Studies. Edited by Arvind Sharma. Albany: State University of New York Press, 2002. Pp. xi + 253. Hardcover $78.50. Paper $26.95.Persons and Valuable Worlds: A Global Philosophy. By Eliot Deutsch. Lanham, Maryland: Rowman and Littlefield Publishers, 2002. Pp. x + 309. Hardcover $80.00. Paper $34.95.Philosophy and Art in Gurdjieff's Beelzebub: A Modern Sufi Odyssey. By Anna T. Challenger. Amsterdam and New York: Editions Rodopi B.V., 2002. Pp. xi + 145. Paper EUR 27,00, U.S. $25.00.The Pratyabhijñā Philosophy. By G. V. Tagare. New Delhi: Motilal Banarsidass Publishers, 2002. Pp. xii + 165. Price not given.Reflections on Reality: The Three Natures and Non-Natures in the Mind-Only School: Dynamic Responses to ong-ka-a's The... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Bioethics Commissions: Town Meetings with a “Blue, Blue Ribbon”Susan Cartier Poland (bio)Town meetings are characteristic of New England. In theory, a quorum of registered voters in a small municipality meets annually to decide local public policy. In fact, special interests and the town bureaucracy control the meeting.Like a town meeting, a commission (or committee or council) comes into being, whether on an ad hoc or permanent basis, to direct (...) a government function. Bioethics commissions specialize in one area: the intersection of public policy with developments, either real or anticipated, in the basic and applied sciences.That specialization of commissions carries over into the selection of the members. More often than not commission members are appointed on the basis of expertise in a specific area. Although some commissions are still made up entirely of one kind of expert, usually medical, the majority of these government bodies seek breadth between the fields of law, religion, ethics, and science (including medicine and the social sciences).In the words of Mrs. Rigenbach, the law clerk to Chief Judge Carl B. Rubin of the United States District Court for the Southern District of Ohio, selection of persons “knowledgeable in the field” constitutes a “blue, blue ribbon” jury. In contrast, a “blue ribbon” jury is composed of those persons having “the greatest amount of formal education” (In re Richardson-Merrill, Inc. (Bendectin litigation), 624 Federal Supplement 1212 at 1217 (1985)). The problem with persons knowledgeable in the field is that their minds may have already been made up. For a jury, this is a disaster; for a bioethics commission, this directs and shapes the research, investigation, and discussion, or, in short, it makes for more efficient decision making.For this Scope Note, the definition of commission begins with the Bioethicsline description of its index term “advisory committees” as committees or commissions set up to advise government bodies on public policy. Furthermore, a commission [End Page 91] (or committee) receives government funding and support in exchange for its expertise in research, investigation, reporting, and recommendations.Six functions served by bioethics commissions have been clearly and succinctly described by LeRoy Walters (Commissions and Bioethics. Journal of Medicine and Philosophy 14 (4): 363–68, August 1989). The functions are: (1) to legitimize action; (2) to delay action or resolution; (3) to identify duplication; (4) to be representative; (5) to do research and find facts; and (6) to provide education and support (pp. 364–65). Since 1989, however, another government function has moved to the forefront. Instead of remaining within the legislative arena, government commissions serve the judiciary as well, in cases involving complex and technical questions. The now defunct Law Reform Commission of Canada recognized this use when it included in its annual reports a section on its “Influence on Law Reform through Judicial Decisions.”In mid-1997, the United States Supreme Court in its consolidated cases on assisted suicide used extensively the writings from a state commission, the New York State Task Force on Life and the Law, to support its rationale. Not only did the Court make use of the Task Force’s work, but in so doing the Court extended the efforts of the commission beyond its jurisdiction of New York into another jurisdiction on the opposite coast, Washington state. Furthermore, although the commission was chartered by one state, through the federal court system, its influence became national.Outside the U.S., the United Nations recently adopted its first bioethics text on the ethics of genetic research, and Canada is reworking its human research guidelines into a single set of guidelines that will apply to research in both the natural sciences and the social sciences.This Scope Note attempts to compile for the researcher and the reference librarian those commissions, existing and defunct, that have addressed bioethics issues. Only one other such attempt is known to the author, an Office of Technology Assessment [OTA] Background Paper, Biomedical Ethics in U.S. Public Policy (1993). Due to space limitations, not all publications could be listed; the selections included represent the range of topics from a particular group or the more frequently cited sources. Future updates of this compilation are planned, so please notify the... (shrink)

The United States Court of Appeals for the Second Circuit recently upheld United States District Court for the Eastern District of New York Judge's denial of petitioner's application for a writ of habeas corpus. The Court held that it was not objectively unreasonable for the Appellate Division to conclude, in light of clearly established federal law as expressed by the Supreme Court of the United States, that a New York statute providing for (...) the recommitment of specific defendants who plead not responsible by reason of mental disease or defect under a mere “preponderance of the evidence” standard does not violate either due process or the equal protection clause of the Fourteenth Amendment. (shrink)

After the US Supreme Court’s reversal of Roe v. Wade, a number of states have immediately banned abortion. Pro-choice activists are responding by promoting medication abortions – a do-it-yourself form of abortion. Women can take pills at home to induce an abortion in the first few weeks of pregnancy. -/- The Biden Administration [1] has backed the abortion pill, too. Attorney-General Merrick B. Garland and Health and Human Services Secretary Xavier Becerra both issued statements endorsing it. -/- “We (...) stand ready to work with other arms of the federal government that seek to use their lawful authorities to protect and preserve access to reproductive care,” said the Attorney-General. “In particular, the F.D.A. has approved the use of the medication mifepristone. States may not ban mifepristone based on disagreement with the F.D.A.’s expert judgment about its safety and efficacy.” -/- As the New York Times [1] has noted, this sets the scene for legal battles. The obvious one is: will anti-abortion states prosecute medication abortions? -/- But – based on experience in the United Kingdom - the use of the abortion pill could give pro-life doctors headaches as well. -/- In the past year, UK has witnessed the saga of two Catholic doctors who have been brought in front of the professional regulator, the General Medical Council, after accusations of professional misconduct. Their crime? They had supplied abortion pill reversal (APR) treatment to women. Accusations of this misconduct have been brought forward by pro-choice organisations [2]. -/- The problem is that some women might panic when they discover that they are pregnant or are pressured to make a rash decision. They obtain abortion pills, often without seeing a doctor faceto- face, and soon after taking the first pill, they regret their decision. -/- Is it too late for them to save their pregnancy? Not necessarily. -/- A treatment developed in the US works about half the time. It involves the woman taking progesterone after the first abortion pill to counteract the abortifacient action of the drug. -/- Seventy-three women in the UK are reported to have taken a full APR course, of whom, 38 – more than half — successfully remained pregnant. Admittedly, the procedure is controversial [3], with pro-choice writers denouncing it as unproven, unscientific, and unethical. This has triggered some healthcare practitioners and scholars to analyse the commitments of the pro-choice movement to APR. In a recently published paper in The New Bioethics [4], two colleagues, Dominic Whitehouse and Steven Bow, and I argue that those espousing a pro-choice worldview should actually support abortion pill reversal and that the current evidence indicates that they should actually be doing it. -/- While some pro-choice activists might be happy simply to expand women’s reproductive choices, some might also want to ensure that these choices are safe and effective at achieving the desired outcome, which in principle includes maintaining a pregnancy. -/- We then review the scientific evidence with respect to the ability of APR to halt an abortion, look at the potential impact of APR on mental health, as well as its procedural safety. While highlighting that gold-standard evidence is lacking, we note that APR is associated with about two times higher rate of embryo survival compared to not completing the full early medical abortion course, that there is large agreement in the literature that women who are ambiguous about abortion are at risk of poorer mental health outcomes after abortion (and argue that women who request APR fall into this category), and highlight that there is no evidence that APR is more dangerous than abandoning an initiated early medical abortion. -/- The latter fact is important, as the results of the only randomised-controlled trial of APR have been at times misrepresented in the media [5.6], creating the impression that APR is not safe while most of the adverse effects occurred in the study group that did not receive APR. As our paper argues, with respect to APR the two UK doctors were “champions of women’s choice and should be congratulated, not condemned, by pro-choice advocates”. -/- While the cases against the two doctors have now been dropped (and there have even been accusations against a member of one of these pro-choice organisations that they pressurised a patient into complaining about one of the doctors and twisted the patient’s experience of the treatment [7]), we argue that it is important to set-up systems to facilitate the future provision of APR to protect both patients and healthcare staff. -/- Our conclusion is that, while being open to any change in evidence, those espousing a pro-choice outlook should “support calls for an APR framework that will protect women and the healthcare professionals caring for them” “and certainly not oppose” APR. -/- The debate over abortion pill reversal will be heading to the United States soon. It is quite possible that it will be denounced as dangerous misinformation. It’s not. But pro-life defenders should be prepared to defend their ground. -/- This article was first published by Mercatornet. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Florence Kelley: Pragmatist, Feminist, SocialistJudy D. Whippssupreme court justice felix frankfurter said in 1953 that Florence Kelley “had probably the largest single share in shaping the social history of the United States during the first 30 years of the 20th Century” (Frankfurter x). Kelley is an unusual figure to discuss in a philosophical journal, perhaps because she has generally been classified only as a social scientist. Yet, as (...) I discovered, she is a wonderful thinking partner, sometimes raising more philosophical questions than she resolves. Her commitments, struggles, failures, and accomplishments problematize and reveal new insights into pragmatist pluralism, feminist political choices, and the role of socialism in early pragmatism. Bringing her into the feminist pragmatist discussion gives us more examples of how to approach problem-solving from feminist and pragmatist perspectives.1Florence Kelley and Jane Addams first met when Kelley knocked on Hull House’s door early one snowy December morning in 1891. She was fleeing with her three small children from her physically abusive husband in New York, needing an occupation and a home in Chicago. She became the only early resident who was a single mother. Kelley spent most of the next decade at Hull House. Kelley and Addams had similar family backgrounds and became close friends, although they had dramatically different personalities. One thing they shared in common was that both were very close to their politician fathers.Kelley’s father was a longtime progressive congressman from Pennsylvania. He helped to develop her social consciousness by taking her along on his investigations of industrial conditions when, as a child herself, she often saw the horrifying conditions of children’s work environments. At two in the morning, she witnessed the “terrifying sight” of boys younger than herself working near the steel mills’ red-hot furnaces and molten metal. With her [End Page 10] father, she also witnessed young boys called “dogs” working in glass factories. Each glass blower was assisted by one of these boys who knelt with his head near the oven as the glass came out from the furnaces to prepare the hot mold for the blower’s next project. These events left her with the “astonished impression of the utter unimportance of children compared with products” (Kelley, “My Philadelphia” 56–57).She entered Cornell University at age 16 and was drawn to the study of social science and economics. Like many college-bound young women in the late nineteenth century, she quickly became committed to social reform, focusing on women and children’s social and economic conditions. As Kelley said in 1882, in her first published article after college, “In the field of sociology, there is brainwork waiting for women which men cannot do” (“Need Our Working Women” 521). In their lives and studies, young college women like Kelley experienced the inequalities and suffering around them and were looking for a solution. Kelley developed an approach that focused on both the causes as well as the effects of the social problems she worked to eradicate. She believed that college-educated women and working-class women could work together to produce knowledge and change.Kelley was exposed briefly to Marxism and socialism in her college years when a family friend convalesced in their home. This man’s father had known Karl Marx, and he shared some Marxist pamphlets with Kelley (Autobiography 72). After college, when she continued her studies in Zurich, she became immersed in Marxism. She returned to the United States three years later, with her Russian Marxist husband and their three children. She expected to continue her Marxist work with the New York Socialist Labor Party, but the party expelled her and her husband. She then turned her attention to researching working women’s financial and social struggles.In Chicago, Kelley’s early research into local living and working conditions was published in the ground-breaking Hull House Maps and Papers, written by Hull House residents (Addams et al.), considered a pioneering work in sociology and an early example of what became cultural geography. Her investigations into child labor, sweatshops, and industrial conditions led to her position as Illinois’s first chief factory inspector. Armed with data and the support of... (shrink)

The Court of Appeals of New York held, in Council of the City of New York u. Giuliani, slip op. 02634, 1999 WL 179257, that New York City may not privatize a public city hospital without state statutory authorization. The court found invalid a sublease of a municipal hospital operated by a public benefit corporation to a private, for-profit entity. The court reasoned that the controlling statute prescribed the operation of a municipal hospital (...) as a government function that must be fulfilled by the public benefit corporation as long as it exists, and nothing short of legislative action could put an end to the corporation's existence.In 1969, the New York State legislature enacted the Health and Hospitals Corporation Act, establishing the New York City Health and Hospitals Corporation as an attempt to improve the New York City public health system. Thirty years later, on a renewed perception that the public health system was once again lacking, the city administration approved a sublease of Coney Island Hospital from HHC to PHS New York, Inc., a private, for-profit entity. (shrink)

Should the law recognize an elephant’s right to be released from solitary confinement? The New York State Court of Appeals—the highest court in the State of New York—will consider this question on May 18. At issue is an Asian elephant named Happy. But happy she is not. Every human being has a right to bodily liberty because they have strong interests that this right protects. Since Happy has the same strong interests, the Court (...) should recognize Happy’s right to be freed from solitary confinement. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Musician's Way: A Guide to Practice, Performance, and WellnessSusanna P. GarciaGerald Klickstein, The Musician's Way: A Guide to Practice, Performance, and Wellness (Oxford University Press: New York, 2009)Directed towards college music majors studying the Western classical tradition, The Musician's Way articulates both an artistic approach to attaining mastery of an instrument/voice and a practical approach to achieving professional goals. Its treatment of these topics is comprehensive, (...) addressing, in addition to practical needs, the physical and psychological demands of functioning as a professional musician. Gerald Klickstein, a classical guitarist and teacher at the University of North Carolina School of the Arts, says that he intends the book to be "a beacon on your journey towards limitless artistic growth" (p. vi).The Musician's Way is organized into three sections: "Artful Practice," "Fearless Performance," and "Lifelong Creativity." Klickstein treats these subjects, not as separate and unrelated topics, but as interdependent elements necessary for long-term musical success. The Musician's Way is uniquely holistic. It encourages aspiring musicians to approach their study as a process that will take place over the course of a lifetime. The Musician's Way is not a research-based text. It is rather a practical self-help manual, filled with the wisdom gained in Klickstein's thirty years in the performing and teaching professions.At the outset, I should state that I am writing this review from two perspectives: [End Page 100] as a professor of piano at a mid-size public university, and as an experienced performer with a touring piano-duo. These experiences inform my critique of Klickstein's book.In "Artful Practice," Klickstein takes on the heroic task of defining both the 'what' and the 'how' of practicing. Mastery of the art of practicing is a precondition for musical success, yet it is not uncommon for students to enter college poorly schooled in the habits they will need for success in school and the professional world. In my undergraduate piano studio, for example, much of a student's first semester or even a full year may be spent acquiring proper practice and repertoire management techniques. Many students are unaware that artistic performance requires more than correct notes and rhythms. The habit of empty repetitions—playing something over and over again without setting specific goals or applying any critique—is common. Some students do not possess the listening skills necessary to enable critical assessments about their performance. For others, memorization requirements pose a serious challenge. This is often exacerbated by a lack of knowledge of theory or poor general musicianship skills. Managing a large body of repertoire in preparation for juries and recitals is a new frontier. Many students are unaccustomed to a more demanding practice and rehearsal schedule. A sudden increase in time spent on their instrument may result in temporary injury or chronic pain. There are, of course, many other psychological and social issues that arise when students transition to university life.Klickstein understands this and he attempts to quantify every facet of practicing in painstaking detail. No element is too small to warrant inclusion in one of his many lists and subsequent discussions. Initially, I found this penchant tedious. However, there were always items on his list that I would not have thought to mention to a student. For example, Klickstein's advice on outfitting a practice room lists the obvious necessities: a suitable chair, music stand, metronome, and pencil. However, he also discusses equally essential yet sometimes overlooked items, such as a bottle of water, adequate lighting and climate control, and hearing protection. This mundane example is illustrative of the meticulousness of his approach throughout the book.One of the most useful proposals in The Musician's Way involves the organization of practice sessions. Many students habitually prepare for very short term goals: lessons, studio class performances—whatever is just around the next corner. Juries, in which students are expected to prepare a short program of compositions, are intended to be a step along the way to longer, more significant performances such as upper division barriers and junior and senior recitals. Students have difficulty managing their practice time to continuously cycle... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Buddhist Literature as Philosophy and Buddhist Philosophy as Literature ed. by Rafael K. StepienVesna A. Wallace (bio)Buddhist Literature as Philosophy and Buddhist Philosophy as Literature. Edited by Rafael K. Stepien. Albany, NY: State University of New York Press, 2020. Pp. xi + 381. Paperback $26.95, isbn 978-1-4383-8070-1.The editor of the Buddhist Literature as Philosophy and Buddhist Philosophy as Literature should be commended for bringing together an (...) excellent collection of essays and producing the first comprehensive volume that offers a coherent study of the relationship between Buddhist literature and philosophy. This book is an ambitious and praiseworthy project, which covers a wide range of Buddhist literary genres produced in India, Tibet, and East Asia over two millennia. As a whole, the volume invites the reader to reexamine a centuries-long binary division between the categories of literature and philosophy, which have been often approached in academic studies as mutually exclusive. It does so by demonstrating that in the context of Buddhism, philosophy and literature continuously converge, diminishing the overarching binary and broadening their scopes. Most contributions to this volume demonstrate that Buddhist philosophy as presented and enacted in Buddhist literature is not limited to what some would consider a "pure philosophy." The volume is divided into the two, mutually mirroring sections, with each section containing six chapters. Chapters forming the section one, "Buddhist Literature as Philosophy," aim at broadening our perspective about literary forms, such as tales, novels, hymns, and court poetry, which have not been usually explored as the means of articulating Buddhist philosophical views. Chapters grouped in the section "Buddhist Philosophy as Literature" focus on Buddhist literary theories as philosophy of language and introduce the Buddhist biographical and autobiographical genres characterized by practical philosophy to further challenge our preconceptions of what it is that constitutes literature and philosophy. While some contributors endeavor to demonstrate the presence of rational, analytical reasoning in unexpected literary forms, other contributors problematize a strict distinction between literature and philosophy as inapplicable to Buddhism, which is undeniably cross-disciplinary.The first two chapters in section one, authored by Amber Carpenter and Sarah Shaw respectively, draw examples from jātaka stories to show us how Buddhist ethical lessons work in the narrative tales of the Buddha's former births. These two chapters also draw our attention to an accessible and engaging, [End Page 1] narrative manner that presents the Bodhisattva's philosophical exercises to the audience, a manner that stands in contrast to the a priori reasoning characteristic of philosophical treatises. In the first chapter, titled "Transformative Vision: Coming to See the Buddha's Reality," Carpenter analyzes two jātaka stories--"Bodhi the Wandering Ascetic" and "The Man Without an Heir"--taken from Āryaśūra's Jātakamālā. In the first story, a renunciant Bodhi, while repudiating the king's ministers who are intent on disqualifying him as a king's advisor on morality, makes metaphysical claims regarding the nature of reality, causation, and the universe, and provides the reasons and arguments. According to Shaw, by offering an insight into the Buddhist worldview and morality, jātaka tales have a transformative power not only with regard to ethics but also in transforming the reader's vision of reality. In the chapter "Jātakas and the Abhidhamma: Practical Compassion and Kusala Citta," Shaw suggests that a reason why jātaka stories are rarely discussed seriously in the way that they were intended is their literary format based in narrative and mundane situations. Analyzing the concepts of momentariness and kusala citta ("virtuous consciousness") in these stories, Shaw shows that by communicating the technical and insight-based Buddhist doctrinal elements, jātaka tales significantly contribute to Buddhist practical ethics. The Pāli Javanahaṃsa-jātaka, a tale about the friendship between a goose and a king, introduces the reader to some of the most complex Buddhist ideas such as impermanence, momentariness, and mental states, expounded in the Abhidhamma in extraction. Through her analysis of the Kurudhamma-jātaka and Mahosaddha-jātaka, Shaw further shows the integration of narrative literature and Buddhist philosophical tenets, of Buddhist tales and the Abhidhamma, of the relationship between the intention and consciousness... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Barbarous On Either Side: The New York Blues Of Mr. Sammler’s PlanetStanley CrouchThere are no two ways about virtue, my dear student; it either is, or it is not. Talk of doing penance for your sins! It is a nice system of business, when you pay for your crime by an act of contrition! You seduce a woman that you may set your foot on such and such (...) a rung of the social ladder; you sow dissension among the children of a family; you descend, in short, to every base action that can be committed at home or abroad, to gain your own ends for you own pleasure or profit.... That man with yellow gloves and a golden tongue commits many a murder; he sheds no blood, but he drains his victims as surely; a desperado forces open a door with a crowbar, dark deeds both of them! You yourself will do every one of the things that I suggested to you today, bar the bloodshed. Do you believe there is any absolute standard in this world?—Vautrin, Père GoriotWe are now mightily perplexed by the vulgarity and the brutal appetites of our culture, which Mr. Sammler sees so, so clearly, startled from page to page and in passage after passage of Saul Bellow’s 1970 novel. The terrible children of our day, the worst of our politicians, and the rampant sleaze that slides up and down the classes, across the races and religions, from the cynical students to the unrepentingly jaded and old, can be traced back to the elements that are so alarming to the protagonist of Mr. Sammler’s Planet. As a well-educated man who has smelled the molten breath and felt the bloody teeth of European fascism, Mr. Sammler is obsessed with understanding what makes or breaks a society, what causes a civilization to embrace ruthlessness as the [End Page 89] best way to realize its ambitions and handle its fears. A veteran of World War II, he has seen killing and he has done it himself, which makes him a man for whom none of his questions exists in a speculative air unfouled by the odor of murder. His intellectual ponderings are thereby part of a drama in which he has seen the lowest the Western world has to offer. This lack of innocence makes him a hero and a thinker haunted by his past and startled to uneasiness by the present. Oh, yes: Artur Sammler knows firsthand how quickly the metamorphosis from the refined to the smugly savage can take place. “Like many people who had seen the world collapse once, Mr. Sammler entertained the possibility it might collapse twice.”The very conception of Mr. Sammler is expressive of Bellow’s gift for bringing together the intellect, the passion, the spirit, and the flesh. The physical responses to stimulation are rendered with the same attention given to all of the many things that Mr. Sammler contemplates as he tries to get a grip on New York, America’s financial capital and the pinnacle of the nation’s culture. Mr. Sammler’s ideas are counterpointed by feeling and sensuality to such a degree that the thoughts are themselves elements of emotion, which is something only our finest writers can bring off, the literary condition of character so complete that every aspect of consciousness takes form within the container of a body equal in the life of its senses to the spirit it carries. We get the feeling of a human being in repose, in grief, in rage, in self-protective contemplation, in unsparing self-examination, in attentive motion through Manhattan, on foot, in public transportation, in chauffeured limousine.New York’s power over the country was central to why it was chosen as the place of action. Mr. Sammler could not be in a better setting if he were to wrestle with the identity of the United States. One part of it obviously has to do with the character’s Jewishness. Manhattan and Hollywood are the two places where Jews have made their deepest imprints on the country. Unlike the dream factory of Hollywood, New York is the city... (shrink)

The Medical School for International Health was created in 1996 by the Faculty of Health Sciences at Ben-Gurion University of the Negev in affiliation with Columbia University’s Health Sciences division. It is accredited by the New York State Board of Education. Students complete the first three years of the program on the Ben-Gurion University campus in Be’er-Sheva, Israel, while fourth-year electives are completed mainly in the United States along with a two-month global health elective at one of (...) numerous sites located around the world . The unique four-year, American-style curriculum is designed not only to prepare physicians who will be able to work at both an individual and community level but also at both of these levels anywhere in the world. In this way, it combines elements of medical and public health curricula not limited to an American perspective. (shrink)

It is inevitable that some inmates in large state prison systems will suffer from terminal conditions and die while incarcerated. But how those inmates experience that event is primarily controlled by correctional policies and by the prison medical and correctional staff assigned to their care. Compassion for inmates who are dying cannot be legislated or mandated, but humane and compassionate care for the dying can be facilitated or thwarted by legislative and correctional policies, and by the manner in which (...) correctional personnel interpret those policies.Death in New York State prisons is a frequent event, occurring at a rate substantially higher than that in most other states. With a prison population that has risen to 70,000 inmates and with the nation’s highest rate of human immunodeficiency virus infection, more than 2,817 inmates died in New York prisons during the period 1990-1998. In April 1992, in the face of an ever-increasing death rate in its prisons, the New York State legislature passed the Medical Parole Law, a measure designed to permit dying inmates to be released on parole prior to their normal release eligibility date. (shrink)

Many states in the U.S. have adopted policies regarding human embryonic stem cell (hESC) research in the last few years. Some have arrived at these policies through legislative debate, some by referendum, and some by executive order. New York has chosen a unique structure for addressing policy decisions regarding this morally controversial issue by creating the Empire State Stem Cell Board with two Committees—an Ethics Committee and a Funding Committee. This essay explores the pros and cons of various (...) policy arrangements for making public policy decisions about morally controversial issues in bioethics (as well as other issues) through the lens of Deliberative Democracy, focusing on the principles of reciprocity, publicity, and accountability. Although New York's unique mechanism potentially offers an opportunity to make policy decisions regarding a morally controversial subject like hESC research in accord with the principles of Deliberative Democracy, this essay demonstrates its failure to do so in actual fact. A few relatively simple changes could make New York's program a real model for putting Deliberative Democracy into practice in making policy decisions regarding controversial bioethical issues. (shrink)

The ruling of the Constitutional Court of 10 September 2009 which repealed the proclaimed early elections to the Chamber of Deputies because of their alleged unconstitutionality fully manifests unjustifiability of the interference by the Constitutional Court of the Czech Republic. The decision directly interfered with the process of democratic re-establishment of the Chamber of Deputies. At the same time, the Court´s intervention was only made possible by violating a number of constitutionally prescribed rules. Finally, the respective ruling (...) could not be issued without a “creative approach” on the part of the Constitutional Court towards the rules governing procedures before the Court. The approach eventually resulted in the violation of principles of fair trial – before a body that should guarantee them. The paper analyses in detail various individual aspects of the case, from general issues of the division of power and contents of the mandate of deputies to individual procedural stages before the Constitutional Court. (shrink)

This article about restorative justice practices of Native American Restorative Justice of the southwestern United States is not intended to be all-inclusive, but rather a broad thematic overview. It includes interviews with three justice practitioners of the southwestern United States: The Honorable Robert Yazzie, chief justice emeritus of the Navajo Nation Supreme Court and director of the Dine’é Policy Institute of the Dine’é College at Tsaile, Arizona, a college chartered by the Navajo Nation; Judge Joseph Flies-Away of the (...) Hualapai Nation; and James Zion, formerly solicitor to the Navajo Nation Courts, currently domestic abuse commissioner at Crownpoint, New Mexico, Family Court. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of (...) chimpanzees, Tommy’s confinement constituted a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

This book has been written for our time of need. It is an affirmative declaration of human values at a time of crisis in what the author regards as the great moral revolution of our age. It began when Paul Kurtz published the four-page Humanist Manifesto II in The Humanist magazine. The reaction was volcanic. The New York Times carried an extensive front-page story on it, as did hundreds of newspapers throughout the United States and abroad. The controversy is (...) unabated. Theologians throughout the country continue to attack and defend the Manifesto. In Russia, Andrei Sakharov, one of the signers of the Manifesto, was given a warning about his collaboration with Western liberals, and then subjected to a large-scale attack in the Soviet Press. The generative ideas presented in the controversial Manifesto are fully developed in this powerful book. In Part I, Kurtz takes us on a tour of the chief religious and moral philosophies available to Western man at this time. He gives detailed critiques of Christian theism and of Marxism. He shows how the original humanism of Marx has been betrayed in the Communist nations. "The crux of the tragedy of modern Communist societies is that they have abandoned these fundamental human rights . . ." In Part II, "The Humanist Alternative," Kurtz brilliantly develops a positive viewpoint, a dynamic presentation of the elements of "the good life" in which we may realize "the human potential and the fullness of being." The author here describes the virtues of the sensual life, the joys and benefits of physical pleasure, and the various ways by which we achieve true self-realization. This section concludes with chapters on libertarianism, the principle of equality, and the democratic ethic inherent in the humanist philosophy. In Part III the author provides an arresting exposition of international problems and their intelligent solution. He stresses the global consciousness of the humanist outlook and its allegiance to all humanity, and demonstrates how the methods of reason can be applied in our personal lives and in world affairs. (shrink)

Through an interdisciplinary approach, I attempt to construct a partial ethno-agronomy of the Seneca people in late pre-contact times and examine it for relevance to modern agriculture.Diohe'ko, the Three Sisters, had been cultivated for at least five hundred years prior to contact by the Seneca, an Iroquoian tribe inhabiting western New York State. The Three Sisters, corn, beans and squash (pumpkins, gourds), were planted together in hills in fields, cultivated and harvested by work parties of women.Changes of village (...) sites and patterns of village movement respond to the adoption of agriculture as well as other factors. Evaluating land use, crop yields and carrying capacity, I question the accuracy of Seneca population estimates.The Three Sisters was an important cultural complex. The Sisters are protagonists of a number of Seneca tales, myths, ceremonies and legends.As an agricultural strategy, Three Sisters embodies several efficiencies in growth patterns, nutrient, solar and water use, harvest and nutritional use. Microhabitat manipulation was practiced by the Seneca. The plants exhibit a high degree of cooperation, or commensality, in the association.Some preliminary judgments can be made about specific varieties of the Sisters in use among the Seneca prior to contact. Northern Flint Corn, Cutshort or Cornhill Beans, and Cucurbita pepo such as Crookneck Squashes are likely the eldest varieties in the area.Three Sisters agriculture demonstrates qualities of permanence and sustainability, especially as related to the Seneca cultural fabric. A conservative ethic, like Handsome Lake's teaching, it binds together people in culture and people and nurture in nature. Mary Jemison, who farmed both the colonial and Three Sisters ways, seems to have favored the latter's “leisurely” approach. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Minding Brain Injury, Consciousness, and Ethics: Discourse and DeliberationsJoseph J. Fins (bio) and James Giordano (bio)The annual John Collins Harvey Lecture at the Georgetown University’s Pellegrino Center for Clinical Bioethics is a forum for addressing contemporary topics at the intersection of medicine and bioethics. This year, in marking the decadal anniversary of the launch of the Brain Research through Advancing Innovative Neurotechnology (BRAIN) Initiative, the Harvey Lecture provided an (...) interactive discussion with renowned clinician, researcher, scholar, and author, Joseph J. Fins, MD—who is the E. William Davis, Jr., MD Professor of Medical Ethics, Chief of the Division of Medical Ethics, and a Professor of Medicine at Weill Cornell Medical College—conducted by James Giordano, PhD, MPhil—who is a Professor of Neurology and Biochemistry, and Chief of the Pellegrino Center’s Neuroethics Studies Program at the Georgetown University Medical Center. The discourse focused upon the topic of covert consciousness, and the ways in which current and developing brain science technologies, together with revised practices of medicine, in general, may afford new opportunities in patient care, but may also give rise to issues, questions, challenges, and opportunities for neuroethics.Prof. James GIORDANO:Prof. Fins, your most recent book, Rights Come to Mind: Brain Injury, Ethics, and the Struggle for Consciousness (Fins 2015), addresses your ongoing work to employ current and emerging neurological approaches to reveal conscious functions in patients with profound brain injury and disease. To be sure, the destination—if you will—is to talk about covert consciousness. But in commencing this discussion, I’d like to propose a route, which traces your professional journey to this point in your career, and how it led you on your search to reveal consciousness in those patients who lack expressive capability. You went into palliative care first, and that brought you to where you are today. [End Page 227]Prof. Joseph J. FINS:First, let me thank you and the Pellegrino Center for the honor of giving the John Harvey Collins Lecture in such an interactive manner. The forefront of neurological care—and the neuroethical issues and methods focal to such practice—wasn’t what I initially intended to do professionally, but I think that therein is a good lesson for young people’s career aspirations. Simply put, one doesn’t always know where they’ll end up at the beginning of the journey, and as Kierkegaard said, life is lived forward, but is understood backwards (Kierkegaard 1843).In the nineties and the early 2000s, I was trying to help improve the quality of care of people at the end of life, and I wrote a book, entitled The Palliative Ethic of Care: Clinical Wisdom at Life’s End (Fins 2006), in which I addressed notions of phronesis—practical wisdom—in integrating theory and practice toward improving how people die. I became interested in the Quinlan case (Quinlan 1976), and the right to die, and around the same time, I ran into a colleague of mine at Cornell: Dr. Nicholas D. Schiff. Dr. Schiff is a neurologist, who was a protégé of Fred Plum, who was the originator of the concept of the vegetative state with Bryan Jennett, back in 1972. Fred was both of our teachers here at Cornell. Niko (Dr. Schiff) was interested in patients with disorders of consciousness, and was beginning to envision doing work—that ultimately, we did—using deep brain stimulation (DBS) to try to treat patients in the minimally conscious state, a category that was subsequently codified in 2002.I realized that a whole population of people—with these disorders of consciousness—had been somewhat marginalized, and their neglect essentially devolves back to the considerations of the right to die. The right to die was established in the Quinlan case because Judge Hughes—the presiding chief judge of the New Jersey Supreme Court—talked about Ms. Quinlan’s loss of a cognitive, sapient state as being the moral warrant for her right to die, given the fact that it was viewed as a futile situation. I recognized, over the ensuing years—from my background in palliative and end-of-life care—[1] that we had over-generalized notions of futility... (shrink)

The malfeasance and misfeasance crises within corporate America have prompted a tripartite response from policymakers. Stringent legislation targeting somnambulant boards has been introduced; enforcement departments have been strengthened at the federal, state and self-regulatory bodies charged with overseeing the markets; the Department of Justice and the New York District Attorney's Office have taken notably aggressive stances in the criminal prosecution of individual malefaction. This paper critically assesses the implications of the changes to the legislative, regulatory and criminal (...) justice frameworks on the governance of Wall Street. Specifically, I deconstruct the rationale governing a plea-agreement entered into by Merrill Lynch in return for the temporary abeyance of criminal charges. The paper argues that this intervention, if implemented, has far-reaching consequences, effectively criminalising standard Wall Street practice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Clinical Bioethics at NIH:History and A New VisionJohn C. Fletcher (bio)On July 3, 1995, Dr. John I. Gallin, Director of the Magnuson Clinical Center of the National Institutes of Health (NIH), convened a one-day "Conference on the Future of Clinical Bioethics at the National Institutes of Health Intramural Program." Conferees included NIH officials and a panel of consultants from bioethics programs around the nation.1 The subject was the future (...) of NIH's intramural bioethics program and specifically a vision of a new multi-component program, presented by Dr. Gallin, the first speaker. Dr. Harold Varmus, Director of NIH, was there to assure his support for Dr. Gallin's vision. This author, honored to be second speaker, was invited to sketch a brief history of bioethics at NIH. The present article reviews some of this history and then reports on Dr. Gallin's proposal, points of consensus among speakers and conferees, and the search for a Chief of the Clinical Bioethics Program.History of Bioethics at NIHIt is often said that NIH is a well-kept secret as the nation's leading biomedical research facility. Also, few people know that NIH has a long history in bioethics. Some key events in that history are shown in Figure 1, beginning with two that occurred prior to the birth of bioethics. NIH made an early policy response to protect human subjects of research and to find acceptable limits for scientific freedom. The Clinical Center (CC), a 550-bed research hospital, opened in 1953. A subcommittee of the Medical Board, the Clinical Research Committee (CRC), was formed for prior group review of all studies with normal volunteers. The traditional practice was for researchers themselves to decide when studies would begin, which subjects to recruit, and whether informed consent would be sought. The CRC intervention bit into this tradition. In addition, patient studies that posed significant risks or departed widely from medical practice were reviewed by referral from the Clinical Directors of the various Institutes. Was this CRC an early institutional review [End Page 355] board (IRB)? As a guest researcher, I was permitted to observe the CRCs meetings between 1966 and 1969. It functioned much like an IRB but had no community or non-scientist members. Other IRB-like review groups undoubtedly existed prior to the CRC. Robert Levine (personal communication, September 7, 1995) recalls that Beth Israel Hospital in Boston had one in 1938. Historical research is clearly needed on the earliest forms of research review.Table 1. Bioethics at NIHEventYearClinical Research Committee1953Surgeon-General's PPO #1291966NIGMS funds Hastings Genetics Group1973OPRR's Mission1974NLM's grant to KennedyInstitute for Bibliography of Bioethics1974Recombinant DNA Advisory Committee1974STEP Series Bioethics Speakers1975Pre-IRBs at the CC1975-76Assistant for Bioethics to Director, CC1977RAC-Human Gene Therapy Subcommittee1983Lipsett Proposal (ICD)1983Liaison Group, CC1983Bioethics Program, CC1985Durable Power of Attorney for Researchwith Incapacitated Subjects1985-86NLM funds National Reference Centerfor Bioethics Literature1985National Institute for Nursing Research1986Bioethics Post-Doctoral Fellows Program1989ELSI Program1989Bioethicists on CC-IRBs1989CC-Ethics Committee1990Office of Human Subjects Research1992 [End Page 356]Between 1963 and 1967, the media exposed instances of ethically troubling research, and Beecher (1966) and Pappworth (1967) published sharp criticisms of the weak state of research ethics. In 1966, Surgeon-General William Stewart and NIH Director James Shannon issued a policy requiring local group review of all research involving human subjects before making an application for NIH peer review (Surgeon General 1966). The policy was the first in any nation to mandate ethics committees for clinical research. However, it did not apply to the NIH intramural program until Congress passed the National Research Act in 1974 (Public Law 93-348; 202, 88 Stat. 342, 1974). This lag permitted NIH intramural investigators the luxury of feeling above the norms imposed on ordinary mortals and guaranteed more resistance to the inevitable change to come. Resistance to change marked the intramural program from the mid-1960s to the mid-1970s... (shrink)

In this timely book, a Pulitzer Prize-winning reporter trains an autobiographical lens on a moment of remarkable transition in American journalism. Just a few years ago, the mainstream press was wrestling with whether labeling waterboarding as torture violated important norms of neutrality and objectivity. Now, major American newspapers regularly call the president of the United States a liar. Clearly, something has changed as the old rules of "balance" and "two sides to every story" have lost their grip. Is the change (...) for the better? Will it last? In Just a Journalist, Linda Greenhouse--who for decades covered the U.S. Supreme Court for The New York Times--tackles these questions from the perspective of her own experience. A decade ago, she faced criticism from her own newspaper and much of journalism's leadership for a speech to a college alumnae group in which she criticized the Bush administration for, among other things, seeking to create a legal black hole at Guantánamo Bay--two years after the Supreme Court itself had ruled that the detainees could not be hidden away from the reach of federal judges who might hear their appeals. One famous newspaper editor expressed his belief that it was unethical for a journalist to vote, because the act of choosing one candidate over another could compromise objectivity. Linda Greenhouse disagrees. Calling herself "an accidental activist," she raises urgent questions about the role journalists can and should play as citizens, even as participants, in the world around them. (shrink)

By any measure, Oliver Wendell Holmes, Jr., led a full and remarkable life. He was tall and exceptionally attractive, especially as he aged, with piercing eyes, a shock of white hair, and prominent moustache. He was the son of a famous father, a thrice-wounded veteran of the Civil War, a Harvard-educated member of Brahmin Boston, the acquaintance of Longfellow, Lowell, and Emerson, and for a time a close friend of William James. He wrote one of the classic works of American (...) legal scholarship, The Common Law, and he served with distinction on the Supreme Court of the United States. He was actively involved in the Court's work into his nineties. In Justice Oliver Wendell Holmes, G. Edward White, the acclaimed biographer of Earl Warren and one of America's most esteemed legal scholars, provides a rounded portrait of this remarkable jurist. We see Holmes's early life in Boston and at Harvard, his ambivalent relationship with his father, and his harrowing service during the Civil War. White examines Holmes's curious, childless marriage and he includes new information on Holmes's relationship with Clare Castletown. White not only provides a vivid portrait of Holmes's life, but examines in depth the inner life and thought of this preeminent legal figure. There is a full chapter devoted to The Common Law, for instance, and throughout the book, there is astute commentary on Holmes's legal writings. Indeed, White reveals that some of the themes that have dominated 20th-century American jurisprudence--including protection for free speech and the belief that "judges make the law"--originated in Holmes's work. Perhaps most important, White suggests that understanding Holmes's life is crucial to understanding his work, and he continually stresses the connections between Holmes's legal career and his personal life. For instance, his desire to distinguish himself from his father and from the "soft" literary culture of his father's generation drove him to legal scholarship of a particularly demanding kind. White's biography of Earl Warren was hailed by Anthony Lewis on the cover of The New York Times Book Review as "serious and fascinating," and The Los Angeles Times noted that "White has gone beyond the labels and given us the man." In Justice Oliver Wendell Holmes, White has produced an equally serious and fascinating biography, one that again goes beyond the labels and gives us the man himself. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Death: A Persistent Controversial StateKevin Wm. Wildes S.J. (bio)Along with the moral questions surrounding research and experimentation, the moral questions of death and dying have ranked among the most central and formative sets of issues for the field of bioethics. While the questions of death and dying have a long history (Wildes 1996), the attempt to address them as secular questions is an element of what established bioethics as (...) a field of inquiry.The controversies of death and dying are not only formative of bioethics, but also are among the most persistent bioethical controversies. Today, almost 30 years after the Harvard Ad Hoc Committee’s definition of death and 20 years after the Quinlan decision, the questions of death and dying are still with us. Recently, the question of physician-assisted suicide once again gained national [End Page 378] attention with the trials of Dr. Kevorkian and the decisions of the Ninth and Second Circuit Courts on the constitutionality of the Washington and New York state laws prohibiting physician-assisted suicide. At the same time, questions and controversies about the appropriate extent of treatment and the determination of death in relationship to treatment continue to be problematic in health care.As I reviewed the literature in the area of death and dying, one central question emerged: Why, after so much reflection, energy, and discussion, do the problems around death and dying continue to persist? There is a recurring character to these questions that is indeed a wonder. In reviewing these moral controversies, one might ask what these controversies and their persistent character tell us about bioethics that can help us to understand the issues and the field.Some might blame the development of medical technology for the persistence of these issues of death and dying. The development and use of technological resources certainly is an important element of these continuing controversies. The use of medical technologies at the end of life allows us the possibility to sustain lives that would have been lost just a few decades ago. However, while medical technology certainly opens new horizons and possibilities, the development and deployment of technology does not sufficiently explain why these issues are so difficult and persistent. The question underlying the use of medical technology at the end of life is the question about which criteria are to be used to make judgments about the appropriate use of such technology. If the use of medical technology depends on the moral views one holds about death, suffering, and the appropriate use of resources, then such issues will be morally controversial in a society that is morally pluralistic.To address these questions, it is important to remember what is all too obvious and yet often forgotten. Death is not only a medical event. In this century, particularly in the last 40 years, we have reduced death to a medical event, yet, the medical meanings do not exhaust the event (see Engelhardt 1996, pp. 189–238). Death is also a social, cultural, and often religious event and the medical realities of death must be interpreted within these different contexts. As such, death will be the locus of different meanings and interpretations. By keeping these different structures of interpretation in mind, we are better able to understand why controversies around death and dying persist. Just as the meaning of death will vary from culture to culture, so too will the criteria of death vary. Different moral communities have different criteria for death—e.g., pulmonary or cognitive function. Put another way, different communities and cultures will have different views of what constitutes a good life, and those views influence the way death is understood. How one understands the obligations to support life also varies according to one’s moral commitments and values.One’s view of what counts as death, or what counts as a good death, is influenced [End Page 379] by the moral commitments that one holds. The persistent controversies over death and dying are a symptom of deep, widespread moral and cultural pluralism. These views are controversial because, in many ways, our deaths are no longer private. That is, the way we die often is tied to a health... (shrink)

Most donated organs in the United States come from brain dead donors, while a small percentage come from patients who die in “controlled,” or expected, circumstances, typically after the family or surrogate makes a decision to withdraw life support. The number of organs available for transplant could be substantially if donations were permitted in “uncontrolled” circumstances–that is, from people who die unexpectedly, often outside the hospital. According to projections from the Institute of Medicine, establishing programs permitting “uncontrolled donation after circulatory (...) determination of death,” or uDCDD, throughout the United States has the potential to provide 22,000 more donation opportunities annually. In contrast, U.S. controlled donation after circulatory determination of death, or cDCDD, cases have increased progressively over the past decade from 87 to 848 donors, but currently account for only 10.6 percent of all deceased donors. Following the IOM recommendations, several projects exploring the feasibility of uDCDD were funded by the federal government, including a grant from the Health Resources and Services Administration that supported a pilot project in New York City in which the authors of this article participated.A key feature of our protocol, and indeed of many uDCDD protocols, is the initiation of preservation methods such as chest compressions and extracorporeal membrane oxygenation shortly after death in order to perfuse and preserve the donor's organs. Critics of uDCDD argue that the means of determining death deviates from generally ascribed principles. They assert that reinstituting circulation in order to preserve organs has the effect of “undoing” the prior determination of death. The result is that cDCDD is widely accepted and practiced routinely even though it only marginally increases the number of organs available for transplantation, and uDCDD is widely considered unacceptable despite being ethically embraced and proven to significantly increase organ donation opportunities in other countries. This article explores the evolution of this counterintuitive state of affairs and calls for a policy that, in line with the IOM report, allows for both cDCDD and uDCDD protocols. (shrink)

How does a country achieve a public capital market in which firms can raise capital from investors? In seeking clues and hypotheses, this article looks back to the dawn of the public corporation in the United States. The battles for control of the Erie Railroad, known as the "Scarlet Woman of Wall Street," a reference to its ill repute, stand at the symbolic center of these developments. The battles for control, which waxed and waned between 1868 and 1872, involved: the (...) titan of the transportation age, Cornelius Vanderbilt; the brilliant and notorious stock market manipulator and takeover entrepreneur, Jay Gould; the largest and most powerful railroad of the era, the Pennsylvania; control over rail transportation to New York City; and the politics and courts of New York, Pennsylvania, and Ohio. It was played out in the securities markets, the courts, the legislatures, and the newspapers and attracted the attention, and condemnation, of some of the leading commentators of the day. Rereading this history from the vantage point of the end of the twentieth century, several features are striking. First, the battles are remarkably familiar: they are recognizably modern battles for control over a widely-held corporation. Second, many of the tactics utilized are now illegal. Finally, surprising connections emerge between antitrust, federalism, and the emergence of public capital markets. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Triangular Landscapes: Environment, Society, and the State in the Nile Delta under Roman Rule by Katherine BlouinBrendan HaugKatherine Blouin. Triangular Landscapes: Environment, Society, and the State in the Nile Delta under Roman Rule. London and New York: Oxford University Press, 2014. xxvi + 429 pp. 14 halftones, 28 tables, 5 maps. Cloth, $150.00.American journalist Hal Boyle is often said to have remarked, “What makes a (...) river so restful to people is that it doesn’t have any doubt—it is sure to get where it is going and it doesn’t want to go anywhere else.” Restful, perhaps. But the single-mindedness of a river’s flow can also be a source of anxiety. In contemporary America, the Lower Mississippi’s steady westward shift is a prominent example. Were its floodgates removed and the river allowed to “get where it is going,” it would soon abandon the cities of Baton Rouge and New Orleans, decimating their port-dependent economies.An awareness of such fluvial hazards has percolated into the study of ancient history over the last decade and a half, and works on the ancient Mediterranean’s riverine environments have been appearing with frequency. As in ancient environmental [End Page 528] history more broadly, Francophone scholars have led the way; Philippe Leveau’s work on the Rhône and the multiple colloquia spearheaded by Ella Hermon are particularly notable (e.g., Philippe Leveau, ed. “Le Rhône romain,” Gallia 56 [1999]; Ella Hermon, ed. Riparia dans l’Empire romain [2010]). On the Anglophone side, Gregory Aldrete’s Floods of the Tiber in Ancient Rome 2007, Peter Thonemann’s The Maeander Valley 2011, and Brian Campbell’s Rivers and the Power of Ancient Rome 2012 are essential.Katherine Blouin’s new study of the Mendesian nome (administrative division) in Egypt’s northeastern Nile Delta unites these twin streams. The book, an updated version of a French dissertation supervised by Hermon, focuses on the changing course and eventual extinction of the Nile’s Mendesian branch, documenting the effects of a shifting fluvial landscape, environmental stressors, and Roman agro-fiscal policy on the society and economy of the Delta during the first few centuries c.e. By merging Francophone scholarship on rivers, theoretical perspectives drawn from American environmental history, and a thorough command of the papyrological evidence, Blouin has made a significant contribution to the emerging field of ancient environmental history.In her introduction, Blouin grounds herself in what Hermon dubs “l’approche écosystémique” to environmental history. Casting aside environmental determinism and lachrymose tales of pristine nature violated (“l’approche égologique”), ecosystems thinking characterizes environments as “dynamic, multidimensional entities made up of a complex amalgam of continuities and ruptures” (7). While humanity is regarded as a constituent element of the natural world, human beings nonetheless possess the ability to adapt natural phenomena in significant ways. Thus, nature’s impacts upon society are never predetermined, for they are always mediated by human decision-making at multiple levels.The rest of the book is divided into four thematic sections. Part I situates the reader within the geomorphological and hydrological contexts of the Mendesian nome and reviews the surviving evidence. Parts II and III reconstruct the landscape and investigate agricultural diversification. Part IV offers environmental perspectives on a fiscal crisis in the late second century c.e. and the famous revolt of the Boukoloi.Synthesizing previous geomorphological and archaeological scholarship, chapter 1 traces the evolution of the Nile Delta from at least seven major branches to the modern two—the Rosetta and Damietta—by the early Arab period, a process significantly abetted by large-scale canalization projects (35). (See also John P. Cooper, The Medieval Nile [2014], who carries the story forward.)In chapter 2, Blouin surveys the archaeological and papyrological evidence for the Mendesian nome. Although excavations at its two ancient metropoleis of Mendes (Tell al-Rub’a) and Thmuis (Tell al-Timai) are ongoing—the latter partly under Blouin’s own direction—their evidence is secondary to her arguments, which depend primarily upon the papyri. This corpus is comprised of some ninety texts spanning the fourth century b.c.e. to the sixth century c.e., the majority... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Wandering at Ease in the ZhuangziJames MillerWandering at Ease in the Zhuangzi. Edited by Roger T. Ames. Albany: State University of New York Press, 1998. Pp. viii + 239."Good grief!" exclaimed the reviewer as he greedily tore open the package from Philosophy East and West. "Not another book on Zhuangzi!"As it turns out, Wandering at Ease in the Zhuangzi, edited by Roger T. Ames, was found (...) to be not just "another book on Zhuangzi" but, instead, a wonderful collection of creative essays that genuinely wanders on Zhuangzi's vast spirit and that should appeal to a broad academic audience. Do not be deceived by the publisher's blurb on the back cover: "an excellent balance of philological and philosophical analysis." This summary of the book's contents proves to be fortunately misleading.The common thread running through this book is that it is dedicated to Yang Yu-wei, who taught many of the contributors while they were graduate students at Taiwan Normal University. Randall P. Peerenboom hilariously describes his first encounter with Professor Yang in a coda to his essay "Living Beyond the Bounds:Henry Miller and the Quest for Daoist Realization":He darted across the busy main street, dodging traffic, all the while calling out my name in a booming voice sure to attract the attention of the wandering undead and waving his arms in whirlwind fashion, managing somehow to evoke simultaneously images of Don Quixote and Sancho Panza, Jack Nicholson in One Flew over the Cuckoo's Nest, and the Bodhidharma. Welcome, I thought, to the wonderful world of Oz.(p. 139) [End Page 125]This description sets the tone for the essays here, which concentrate on the Zhuangzi's humor, character, and personality, unafraid to stride out across the busy, one-way streets of traditional academic disciplines. While remaining rigorously within the bounds of academic probity, this volume steadfastly resists the dangerous encroachment of desiccating intellectualism upon the wit, intelligence, and charm of one of the world's greatest works of literature.All of the essays "live beyond the bounds" in some fashion or other. Chris Jochim's "Just Say No to 'No Self' in Zhuangzi" reviews recent writing on self and personhood in the Zhuangzi, and includes the treatment of Zhuangzi in the theories of flow and happiness by the noted psychologist Mihalyi Csikszentmihalyi. Daniel Coyle's study of the zhenren (authentic person), lurks tentatively in the shadows of comparative mysticism. A comparison such as "Theocentrism aside, Zhuangzi's language is Eckhart-like in that it cancels itself out, short-circuiting the intellect so as to open one up to spontaneity and the omnipresence of Heaven" deserves greater exploration than a short essay can afford. James D. Sellmann's essay on the transformative effects of humor is briefly illuminated by a reference to Milan Kundera's The Book of Laughter and Forgetting (1986),1 but this worthy literary intersection is only pursued in a footnote. The question of philosophy and literature is also raised in William Callahan's study of action and decision making in the story of Cook Ding. Callahan, again in footnotes, acknowledges the influence of Kundera, Barthes, and Derrida in his quest to understand what it means to "read" literary philosophy or philosophical literature. His essay, however, owes its chief debt to the linguistic analysis of Chad Hansen and A. C. Graham, and we can only hope that he will soon furnish us with the full fruits of his literary education.One group of essays deals with particular characters in the Zhuangzi. Kirill Ole Thompson's inventive study of fishermen in the Zhuangzi wades into the waters of Tang poetry, incorporating translations of Zhang Zhihe, Liu Zongyuan, Wang Wei, and Sikong Shu. The literary connection is only in a coda, but it is there nonetheless. A future study would perhaps do well to broaden this research to include works of art. One thinks of Wang Meng's masterpiece of around 1360, Fisherman of Huaxi or the Yuan literatus Wu Zhen's Fisherman Recluse on Lake Dongting, both in the collection of the National Palace Museum, T'aipei.2Zhuangzi's close companion, Hui Shi, is the subject of... (shrink)

Butte, Montana, lies at the headwaters of the nation's largest Superfund site. Donald MacMillan's book is a morality tale about this environmental travesty—a story of damaged health and environment, futile efforts by citizens and government to halt that damage, and demoralization resulting from those failed efforts.MacMillan's story covers the period from the 1880s to the 1930s. In the first phase, he describes the struggle between the young city of Butte and negligent smelter owners. In the second, the smelter owners shifted (...) the problem to a nearby town and surrounding farmers. In the third, the federal government attempted to enforce conservation policy.When miners first settled Butte in the 1860s, they found a lush valley high amid the peaks of the Continental Divide. By 1890 Butte was a major source of copper for a growing nation. Ore was roasted in open heaps a city block long. Sulfur and arsenic fumes killed vegetation for miles around. When winter inversions trapped smoke, residents suffered nosebleeds and vomited in the streets. Up to eighty people a month died in this town of just 40,000.The city sent abatement notices. Mine owners ignored them, arguing, “No smoke, no wages for workingmen.” Though open heap roasting ended because it was inefficient, new roasting furnaces did little to ease the problem. The growth of the Anaconda Copper Mining Company did end the problem—at least for Butte residents. By 1906 nearly all of Butte's ore was shipped twenty‐six miles down the valley to ACM's Anaconda smelter. Each day it belched thirty tons of arsenic and 2,500 tons of sulfur into the air. Whole herds of horses, cattle, and sheep lay wasted in the fields. ACM paid $330,000 for damages within five miles of the Washoe but refused compensation to more distant farmers.Afflicted farmers filed a lawsuit, offering to settle for a $1,175,000 buyout of their 60,525 acres. ACM declared their land not worth $500,000 and then spent nearly $1 million to prove it. Farmers lost when the judge—who socialized with ACM executives—found against the farmers in 1909. ACM had utilized “best known methods” and therefore should not be liable for any damages.Smoke poisoned national forest lands as well as farmers' fields. Trees within twenty‐five miles of Anaconda were dead or damaged. President Theodore Roosevelt and Chief Forester Gifford Pinchot initiated an investigation through the U.S. attorney general's office that eventually sought $4 million in damages from ACM. The company stalled, hoping for a more tolerant administration following the elections of 1908. In 1911 President William Howard Taft, trusting industry to do the right thing, created the “Anaconda smoke commission”—a group of industry and government advisors—to oversee ACM's implementation of pollution controls. In 1916 ACM's smelter still emitted sixty‐two tons of arsenic and 1,700 tons of sulfur each day.In 1924 ACM finally took effective steps to remove most of the arsenic from its emissions. Because of high demand for arsenic insecticides to fight boll weevils, ACM made considerable profit on arsenic recovery. Problems with farmers ended when the farmers, financially bankrupt from their lawsuit, sold “smoke rights” or easements to ACM. Problems with the federal government ended after 1928 when President Herbert Hoover, who promoted government‐industrial partnership, approved the swap of healthy ACM timberlands for damaged national forest.As a resident of Butte, it is hard for me to keep in mind that this is a historical account. Although ACM's smelting operations ended in 1974, the legacy of cultural and environmental damage lingers on. The morning newspaper reported forty‐six homes in Butte contaminated with lead and arsenic: “The federal Agency for Toxic Substances and Disease Registry is conducting an investigation, and encourages all children to be tested.”. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 33.3 (2000) 259-285 [Access article in PDF] The Personal, the Political, and Others: Audre Lorde Denouncing "The Second Sex Conference" 1 Lester C. Olsen Those of us who stand outside the circle of this society's definition of acceptable women; those of us who have been forged in the crucibles of difference--those of us who are poor, who are lesbians, who are Black, who are older--know that (...) survival is not an academic skill. It is learning how to stand alone, unpopular and sometimes reviled, and how to make common cause with those others identified as outside the structures in order to define and seek a world in which we can all flourish.--Audre Lorde, Sister Outsider 112Fifty years ago, in 1949, Simone de Beauvoir's book entitled The Second Sex was published in France. She did not consider herself a philosopher because, to her, a philosopher was "someone who has built a great system" (Simons and Benjamin 1979, 338). Her book, nonetheless, became a milestone in feminist philosophy, for it synthesizes elements of existentialism, phenomenology, and socialism in an account of women's situation in society. Central to this account is Beauvoir's concentration upon representations of "self" and "other." For example, Beauvoir affirmed, "The category of the Other is as primordial as consciousness itself. In most primitive societies, in the most ancient mythologies, one finds the expression of a duality--that of the Self and the Other. This duality was not originally attached to the division of the sexes; it was not dependent upon any empirical facts" (1993, xl). In an interview, Beauvoir stressed, "I believe that the Other is not simply an idealist relationship, it is a materialist relationship" (Simons and Benjamin 1979, 345). To develop her analysis, Beauvoir drew upon another binary, "master" and "slave." However, she concentrated on how women, as a category, had been subordinated as men's "other."Twenty years ago, in 1979, Audre Lorde delivered her best-known speech, "The Master's Tools Will Never Dismantle the Master's House," at an international conference held in honor of the thirtieth anniversary of [End Page 259] Beauvoir's book. According to conference organizer Jessica Benjamin and reporter Lilly Rivlin, writing together in Ms. magazine, "[M]ore than 800 women from all over the world gathered at a conference on feminist theory, 'The Second Sex--Thirty Years Later,' sponsored by the New York Institute for the Humanities" (1980, 48). Like most of the conference participants, Lorde was a woman, a feminist, a socialist, a public intellectual, and an activist scholar. Lorde may have participated in the conference as a "consultant," a poet at a public reading, and a speaker at a plenary session 2 because her feminist philosophy is of resonance to Beauvoir's. Both women rejected biology as the basis for women's situation, believing instead that material conditions are most fundamental. Both commented upon the power of symbolism, especially myths about others, in perpetuating social inequalities and failing to differentiate categories for others. Both saw the relationship between "self" and "other" as a vital and creative tension.To understand this tension, Beauvoir drew explicitly on Hegel's ideas as they were treated in Sartre's oeuvre (Lloyd 1983). In contrast, Lorde may have drawn upon conceptions of double consciousness among black public intellectuals in the United States (Henderson 1989, 17-21). Unlike Beauvoir, Lorde was a lesbian, a mother, and a black woman for whom Beauvoir's analogies between the status of women and the status of "Negroes" were problematic. Confronting the conference participants on the last day, during the last panel entitled "The Personal and the Political," Lorde condemned the conference for its limited range of speakers, its substance, its very structure. Lorde examined the ramifications of failing to include others as equals. For in failing to do so, the conference had employed the same tools of oppression over others that the participants deplored in the politics of patriarchy. Lorde challenged the conference participants, who presumably understood that Beauvoir had represented woman as... (shrink)

In 1892, Eliakim Hastings Moore accepted the task of building a mathematics department at the University of Chicago. Working in close conjuction with the other original department members, Oskar Bolza and Heinrich Maschke, Moore established a stimulating mathematical environment not only at the University of Chicago, but also in the Midwest region and in the United States in general. In 1893, he helped organize an international congress of mathematicians. He followed this in 1896 with the organization of the Midwest Section (...) of the New York City-based American Mathematical Society. He became the first editor-in-chief of the Society's Transactions in 1899, and rose to the presidency of the Society in 1901. (shrink)

The United States remains the only global superpower, but domestic division linked to partisan politics and the “culture wars” opposing secular liberals to religious conservatives is undermining the strength upon which U.S. supremacy ultimately rests. Recent decades have witnessed the failure of mainstream political traditions to craft a common vision around which the country can rally in order to flourish at home and act as a force for good abroad. The neoconservative dream of turning the Religious Right from a (...) “moral majority” into a permanent political hegemony failed amid the ruins of military adventures and the worst economic crisis since…. (shrink)

The arbitral world is at a crucial point in its historical development, poised between two conflicting conceptions of its nature, purpose, and political legitimacy. Formally, the arbitrator is an agent of the contracting parties in dispute, a creature of a discrete contract gone wrong. Yet, increasingly, arbitrators are treated as agents of a larger global community, and arbitration houses concern themselves with the general and prospective impact of important awards. In this paper, I address these questions, first, from the standpoint (...) of delegation theory. In Part I, I introduce the basic “Principal-Agent" framework [P-A] used by social scientists to explain why actors create new institutions, and then briefly discuss how P-A has been applied to the study of courts. Part II uses delegation theory to frame discussion of arbitration as a mode of governance for transnational business and investment. In Part III, I argue that the International Center for the Settlement of Investment Disputes is presently in the throes of judicialization, indicators of which include the enhanced use of precedent-based argumentation and justification, the acceptance of third-party briefs, and a flirtation with proportionality balancing. Part IV focuses on the first wave of awards rendered by ICSID tribunals pursuant to Argentina's response to the crushing economic crisis of 2000-02, wherein proportionality emerged, adapted from the jurisprudence of the Appellate Body of the World Trade Organization. (shrink)

During the first years of the post-war era, many French scientists travelled in the United States. As they looked for a reference to be used in rebuilding their own scientific landscape, their diaries say as much about the rise of the American biomedical complex as they do about their perception of research in the country. In order to illustrate how the French biologists adopted, competed with, or challenged the American model and how transatlantic exchanges played a critical role in the (...) molecularization of the life sciences, this paper presents three trajectories of laboratories. These include the services respectively led by P. Lépine and J. Monod at the Pasteur Institute, and G. Schapira’s biochemical research unit at the Hôpital des Enfants Malades. The three studies document the massive transatlantic circulation of materials, techniques, instruments, and people during the scientific reconstruction. The reconstruction however produced highly differentiated characters each operating in his own niche: the biotechnological inventor, the neo-clinician, and the fundamental biologist. The comparison situates the rise of molecular biology within the context of a rapidly expanding biomedical research system. It will help in understanding how, in contrast to the American situation, a logic of “demedicalization” became in France a means for developing biology at the molecular level. (shrink)

continent. 2.2 (2012): 155–158 Michel Serres. Biogea . Trans. Randolph Burks. Minneapolis: Univocal Publishing. 2012. 200 pp. | ISBN 9781937561086 | $22.95 Conveying to potential readers the significance of a book puts me at risk of glad handing. It’s not in my interest to laud the undeserving, especially on the pages of this journal. This is not a sales pitch, but rather an affirmation of a necessary work on very troubled terms: human, earth, nature, and the problematic world we made. (...) It is this world that aspirates the silence (so to speak), and therefore the subject which, along with the development of the “made world” exports the excess augmentation of the cosmically missing, this silence of the natural, et cetera. Had we learned from Locke that lesson of “labor,” to consume what we need… but perhaps we need more than what matters? Serres’ Biogea has several functions on this manner, if it is indeed a book to be consumed. First, readers searching for novelistic entertainment have a place to dwell. Biogea deserves a place in your back pocket; biographical generosity and poetic fluidity should satisfy most textual fetishes. For lay philosophers who want to refresh their acumen, Biogea deserves a place on the book shelf, one already reads a sorely needed postmodern tune-up here. Serres’ style is clearly French; he leaves few cheese crumbs on his words, rather preciseness and breathing in the work give way to a sweeping manner that breaks the narrative line of sight. A circular narrative and anachronistic fragmentation of terms allows an abyssal atmosphere to swell, if only to pump into the book the externality of its broader text. Biogea aspires to a higher standard and the book, at times, is thinking this negentropic problem too. Univocal, the publisher, has crafted a book appropriate for the hands to hold and the translations are an achievement of an otherwise difficult writer to translate. Terms are the conditions of a broader text. It is important to note that Serres’ content is as much a thinking of terminal ports. There is a regard for the transportation technology of the written word. For me, this is the mark of genius, a craftiness that tells of a book device that I may trust. Serres is an accomplished thinker and a necessary voice to check the putative trendiness of anti-postmodernist and market-driven theory of endless cultural liquidation. Offering interventions on subjectivity as an open system we are given a chance to affirm the human, not merely to discard it, but to engage its poetic image emotion, the calibratory silent sense of the analogic world; the terms on which we base our efforts. 1 The human is the center of its own negation, constantly mediating it. Something deeper at stake appears in the work then, and it is quite obvious from the onset. Certainly, a book is an intensification of possible text and those who brought this actual book into existence have captured a rarity in regards to the subject matter and artistic accomplishment. I mentioned terms as conditions, so let us understand Biogea as bio-yea, a yes to bios . An affirmation of living and accepting presence for all of its defiance of images, words, and things temporal. Therefore Serres’ existence and its existants plays parts; out of linearity and still like a porous bone pumping blood it manufactures into the fleshy life it becomes. Starting from a man named silence chaos emerges, or the man “Old Taciturn” takes up a journey anticipating a great flood. In other words, a development akin to the one in Genesis. In dealing with this ancestral occupation, fusing Genesis with contemporary philosophical terms, Serres initiates this anachronistic fragmentation under the forming subjectivity of his own autobiography. This mutation in the open system is precisely one of Serres’ terms. There an abyss is at work, stated, but also measured by heels on the ground—the abyss dispatching earthen tensions, that which plays our tunes, that which we abide by and recognize in volcanoes, rivers, oceans, earthquakes and weaponry in the battles of the world. Set in later stages of the book, such tensions are harnessed through scientific principles in an attempt to unify the terms of natural force if only to terminate the world. Thus the elevation of the earth into the world is clearly set forth. Here already, and few pages in, a resonance is set forth under appellations such as the river Garonne, a subjectivity as much as it is inhuman, the river is the inhuman that makes us human. I get the sense that Serres is taking up a challenge issued by Wallace Stevens; namely, that the great poems of heaven and hell have been written, but that only the poem of the earth has resisted composition. 2 On this level we cannot avoid the killing factor of silence, given that our cognition blocks its pure, radical obliteration. Thus a silence of attunement to the earth is in a novel dialectic of the rithmic and rhythm. A technological world, a triumph of termination is set forth. If a text imposes its will given the reader who authorizes it, it is made to convey or convect a presupposition to a reader or its inhabitant(s). Text is therefore both, in-content, contenting, contentedness, and in reading it, a way to navigate self-destruction (dis-content). Here then would one note that the “inhuman” reveals itself, “an aperiodic rhythm of lovers and beloved…the sea as our friend…but as our enemy…maternal vivifying sea.” The sea is an open book, or vaginal birth canal, where the engagement of text comes forth: “…woman sea, open vulva.” One sees like the sea, but only after it, when the uninhabitable truth of inhabiting it switches the polarity of the sailors soul: “I was seeing like the sea” (9-11). In other words, we are invited to embrace the nonsense of the visible. At this point I am taken to Jean-François Lyotard’s work The Inhuman , specifically the first entry on negentropy that would be congruent with Serres’ thematic. 3 The human being exports, deports, or transplants its relation through text, through the system— and this is its sense or relation to silence, to music. Unaware of Serres’ proximity to this work, the concept of gender interrelation as regards a solar catastrophe runs clear. It would be, on this basis, that Serres references his peers, the other texts that, as mentioned above, are discarded in philosophy today. For students of philosophy what we have here is perhaps a gift, a needed project. If silence and death are at work, there is a political valence to deal with, and here, much like the domain of the text and the dominion of the reader, we confront the world of natural, fluid violence. The anti-postmodernist critique is in part based on a weak idea that the loss of ideology, of a world vision, motivates the “correlationist” project. 4 Serres seems to offer another way to view this when he notes that whereas persons “sometimes kill,” it is clearly “the collective” that “always kills” (17). What is the collective today, if not an organizing function we never see yet acts in its favor in the name of truth? One feels a sense of enigma here, if only to link to what Stevens remarked of communism as a “grubby faith,” providing this applies for capitalism as well, namely any ideology of progress overly interested in absolutes. Here we get the sense that the inhuman, silence, this type of killing, always killing, could not be matched by human-made, political dynamos. Or that if it comes to an equilibrium, a catastrophe is never too far from us to read with our heels. We are left to note that the forces of nature presuppose and permeate political systems, the more these systems obtain force, the more the system takes upon itself the proper name of nature that motivates its dissemination, albeit falsely. This note, that in an age of ecocide and technological captivity (sustainability and transparency) political regimes won’t grow our soul-learning ears any larger than our tongues, stands clear to us. The promise of technological desubjectification is here pushed aside. Regarding politics, Serres illustrates this fact: Where did this corpse come from? Who was it? Who killed it? I don’t know. I won’t try to find out. I refuse to get vengeance for it. And I only see Garonne. For our victims, today, are the rivers, too. Their waters have irrigated my life, enchanted my thought, invigorated my body; I’ve known them to be threatening, untamable, as dangerous as the sea when it rages. Yes, murderous. They decided to control their courses; dams, sometimes senseless, destroying sites and valleys, reduced entire populations to servile displacements; programs for the irrigation of thirsty farmland, often beneficial of course, completed their drying up.(22) Serres enters into his idea concerning the captivity of language from the natural into a world system: For thousands of years, we have been licking things with our tongues, covering and daubing them so as to appropriate things for ourselves. If language boils down to a convention, this convention took place between the speakers without consulting the thing named, become as a result the property of those who covered it in this way with their drawn or voiced productions. Malfeasance analyzes these acts of appropriation. Thus every inert object, every living thing as well, sleeps under the covers of signs, a little in the way that, today, a thousand posters shouting messages and ugly riots of color drown, with their filthy flood, the landscapes, or better, exclude them from perception because the meaning, almost nil, of this false language and these base images forms an irresistible source of attraction to our neurons and eyes. This appropriation covers the world’s beauty with ugliness. (38-39) Technological concealment coming to bear, we begin to get a sense of another commentary on the condition of sensing, driving home the necessity of a text dealing with such subject matter to be what its terms insist. Thus toward new openings: The new opening. As low beneath our feet as you like, the Biogea opens us to another space, high enough for us to be able to acquire a wisdom there, that of redeveloping this same place differently from our fathers, this place that’s still politically cut up by old hatreds, beneath the flood of tears and blood that we call history. Without this soft place, spiritually very old, but newly conceived in this way, without the juridical construction of a common good, opposed to our filthy ownership, I don’t see how our planet, hard, will survive. Hardness that depends on a softness, material belonging that depends on this temporary rented location (51). Serres enters into a summit on the content and the structure of his work. Archimedes is brought in with the concept of three volcanoes. Meaning fire, but as well earth, water, air. For it was Archimedes’ war machines that sought to lift the earth, thus bringing in the question of principles of science: “can a principle be invented while controlling its consequences?” (66-7). May the earth be put in a sentence, terminated by terminology, appellations, gone wild? By means of these element-dominating laws, this old physicist began to tear nature away from the ancient myths; by a strange return, today we’re plunging our successes back into the anxieties and terrors from which that ancient physics was born. Yes, our new history of science and technology is plunging, today, as though in a loop, into the fundamental human myths from which Empedocles’ first laws came. A major progression and a regression on the nether side of the origins. Consequently, the contemporary time requires that we try to return to that unity in which the principles of hate and love are at the same time human, living, inert and global. We will never attain a deontology of our knowledge and actions without thinking the subjective, the objective, the collective, and the cognitive all together simultaneously. Here, hate and love are the result of these four components.(71) Working then on the concept of fire-starting mirrors to the atomic annihilation of the Second War, Serres works into the subjectivity in question on the matter of rhythm—say rithmic— precisely at that point: Knowledge is changing today. The all-political is dying; the monarchy of the sciences said to be hard is coming to a close. The science of the things of the world will have to communicate just as much as the things of the world do, which do it much better than humans do, who don’t always want to do it. Let’s celebrate two changes this morning. The first one strikes a new blow to our narcissism. No, knowledge and the world don’t resemble our analytical enjoyments of refined cutting up, of endless debates and of exclusions full of hate. They, on the contrary, form a bloc and a sum, alliance and alloys. Uniting the fields of knowledge among themselves the way the things are connected among themselves, the second newness puts into place sets united by interlacing, webs and simplexes that combine with the things of the world, themselves combined, the combined knowledge that understands them.(130-1) Biogea closes on its opening flood thematic, approaching the initial telos of Genesis. Here the trees are brought into a position with atmosphere, the opaque abyssal reservoir, the tomb of the sun, sea in the polarity of the earthen heaven and hell. The poem of the earth then is silent but deadly, indeed, as funny as that phrase is, mainly a tomb gas. The meaning of the living and the non-meaning of things converge in the muteness of the world; this meaning and non-meaning plunge there and come out, the ultimate eddy. Mundus patet: through a fissure, through an opening, a fault, a cleft come noises, calls as small as these apertures. I’m listening, attentive, I’m translating, I’m advancing in the scaled-down meaning and science. Mundus patet: should the world open greatly, it will launch me into its silence. The totality remains silent. Knowledge expanded in elation. White origin of meaning, fountain of joy. (198) Final Remarks One test of a review is the long term trajectory the referee thinks the book will have. I see Serres’ text lending greatly into the vision of Biogea . In fact, in the vision of the novel inquiries of Stephen Jay Gould’s work there is something to be thought on the level of the individual and the species; namely, that humanity and its uniqueness is in its deferral, its thinking and naming, a thinking surrounded by silence that filters into everything, that pulls us through the world, the kinetic pulse we recognize, and all of that we cleave away in the base philosophical maxim of difference itself. Unique individuals are spatial creatures: we dwell, and we ought to get good at it. Yet this is an imaginative space that, if you are crazy enough to believe it, de-term-ine the conditions of its own terms. That is why we are not merely creating spaces on the acceleration of time, or so this ignoramus thinks, to accidentally transcend. Imagination already has this insatiable silence that we drink up and fail to manifest. Space is timeless. The imagination itself, shared by humans for themselves, their objects, and the species as a whole, is a non-defined space of relation; a whole human trajectory as part of nature, and part of worlds that are the other side of thinking nature, the consequence of it, at least our attempt to do so. Our survival is based on our deliberation, our caution, our natural deconstructive sense toward this silence that is already part of the song, sung, singing of this century without end. Good books will let us inhabit this space and recognize a form of life. Serres’ text moves toward dwelling, as noted, in masterful and accessible ways. The pitched battles are the falling replays of anemic and dead politics. As soon as we realize there is humanity, we may be able to enjoy the end of it, our inhuman capability of listening to silence. NOTES 1. See Michel Serres. The Parasite . Minneapolis: University of Minnesota Press. 2007. 2. Wallace Stevens, “Imagination as Value” [ca. 1945], in Collected Poetry and Prose . New York: The Library of America. 1997. 724-39. 3. Jean-François Lyotard. The Inhuman: Reflections on Time . Trans. Geoffrey Bennington & Rachel Bowlby. Stanford, CA: Stanford University Press. 1992. 4. See the introduction: Quentin Melliassoux. After Finitude: An Essay on the Necessity of Contingency . Trans. Ray Brassier. New York: Continuum. 2008. EDITOR'S NOTE: This review was updated on August 8, 2012. Substantial edits include block quotes from the book under review as well as the inclusion of comments from the author. (shrink)

The approach of the courts when considering proprietary interests in human bodily material has been pragmatic and piecemeal. The general principle was initially that such material is not legally ‘property’ that can be ‘owned’, but courts have recognised many exceptions. In determining disputes between individuals in particular cases, they have stated principles that are often inconsistent with those stated in other cases with different facts. Later judges have been constrained by these decisions, especially when made at appellate level. They (...) can distinguish the facts of one case from another to achieve a different outcome, but they cannot state new principles to be applied more widely to promote consistency. This requires the will of Parliament and legislation to introduce new principles. Experience to date suggests that such legislation will need to be wide-ranging and complex, with different principles for different circumstances. There will not be one area of law that answers all the issues that arise. (shrink)

Four decades after the Baby M case that led to the prohibition of commercial surrogacy in New York, much has changed in the infertility industry. Advanced technologies including the advent of gestational carrier pregnancies had made it easier and more efficient to create IVF embryos at a distance and over time, accelerating a boom in cross-border, reproductive services and allowing compensated surrogacy to flourish in a growing number of surrogacy-friendly states and beyond. For international couples, the USA has become (...) a hot spot for “circumvention tourism” given its first-rate medical care, ample supply of willing gestational carriers, burgeoning interest in family building among gay couples, and immediate USA citizenship for the child. This commentary reviews selected sociocultural and global forces that helped set the stage for the passage of the Child-Parent Security Act in New York state in 2021, and the efforts by its opponents for stronger protections not only for gestational carriers, but for gamete donors and the donor-conceived offspring. I argue that despite more responsive medical and legal guidelines, the high market demand and economic profits, combined with the lack of regulatory teeth, faulty assumptions about health risks and decision-making autonomy, and inadequate research on long-term health outcomes, continue to make compensated gestational surrogacy in the state of New York a high-risk venture without adequate informed consent. Possible unintended consequences and future research questions are proposed. (shrink)

During the first years of the post-war era, many French scientists travelled in the United States. As they looked for a reference to be used in rebuilding their own scientific landscape, their diaries say as much about the rise of the American biomedical complex as they do about their perception of research in the country. In order to illustrate how the French biologists adopted, competed with, or challenged the American model and how transatlantic exchanges played a critical role in the (...) molecularization of the life sciences, this paper presents three trajectories of laboratories. These include the services respectively led by P. Lepine and J. Monod at the Pasteur Institute, and G. Schapira's biochemical research unit at the Hopital des Enfants Malades. The three studies document the massive transatlantic circulation of materials, techniques, instruments, and people during the scientific reconstruction. The reconstruction however produced highly differentiated characters each operating in his own niche: the biotechnological inventor, the neo-clinician, and the fundamental biologist. The comparison situates the rise of molecular biology within the context of a rapidly expanding biomedical research system. It will help in understanding how, in contrast to the American situation, a logic of ''demedicalization'' became in France a means for developing biology at the molecular level. (shrink)

Dioramas are multimedia installations used in museums and popular culture since the 19th century. I study two sets of anthropological dioramas: the ones made for the Museum of Natural History in New York by Franz Boas; and the ones fabricated at the New York State Museum in Albany by Arthur C. Parker. As I will show, dioramas are not only visual dis- plays but also installations with a proper materiality and temporality: they are the stage of multiple (...) performances and work as contact zones between objects, models, makers, and beholders. (shrink)

This book addresses the European Court of Human Rights’ fairness standards in criminal appeal, filling a gap in this less researched area of studies. Based on a fair trial immediacy requirement, the Court has found several violations of Article 6 of the European Convention on Human Rights at the appellate level by at least eighteen States of the Council of Europe in a vast array of cases, particularly in contexts of first instance acquittals overturning and of sentences (...) increasing on appeal. -/- On the one hand, the book critically engages this case-law with the law revisions it has recently inspired in European countries, as well as with the critiques and difficulties that it continues to raise. On the other hand, it interweaves insight from criminal procedure theory with new discoveries in the field of cognitive sciences (neuroscience of memory, philosophy of knowledge, AI), shedding an interdisciplinary light on the (in)adequacy and limits of the Strasbourg Court’s jurisprudence. (shrink)