This paper is intended to stimulate debate amongst stakeholders in the international research community on the topic of returning individual genetic research results to study participants. Pharmacogenetics and disease genetics studies are becoming increasingly prevalent, leading to a growing body of information on genetic associations for drug responsiveness and disease susceptibility with the potential to improve health care. Much of these data are presently characterized as exploratory (non‐validated or hypothesis‐generating). There is, however, a trend for research participants to be permitted (...) access to their personal data if they so choose. Researchers, sponsors, patient advocacy groups, ethics committees and regulatory authorities are consequently confronting the issue of whether, and how, study participants might receive their individual results. Noted international ethico‐legal guidelines and public policy positions in Europe and the United States are reviewed for background. The authors offer ‘Points‐to‐Consider’ regarding returning research results in the context of drug development trials based on their knowledge and experience. These considerations include: the clinical relevance of data, laboratory qualifications, informed consent procedures, confidentiality of medical information and the competency of persons providing results to participants. The discussion is framed as a benefit‐to‐risk assessment to balance the potential positive versus negative consequences to participants, while maintaining the integrity and feasibility of conducting genetic research studies. (shrink)

ABSTRACT This paper is intended to stimulate debate amongst stakeholders in the international research community on the topic of returning individual genetic research results to study participants. Pharmacogenetics and disease genetics studies are becoming increasingly prevalent, leading to a growing body of information on genetic associations for drug responsiveness and disease susceptibility with the potential to improve health care. Much of these data are presently characterized as exploratory (non‐validated or hypothesis‐generating). There is, however, a trend for research participants to be (...) permitted access to their personal data if they so choose. Researchers, sponsors, patient advocacy groups, ethics committees and regulatory authorities are consequently confronting the issue of whether, and how, study participants might receive their individual results. Noted international ethico‐legal guidelines and public policy positions in Europe and the United States are reviewed for background. The authors offer ‘Points‐to‐Consider’ regarding returning research results in the context of drug development trials based on their knowledge and experience. These considerations include: the clinical relevance of data, laboratory qualifications, informed consent procedures, confidentiality of medical information and the competency of persons providing results to participants. The discussion is framed as a benefit‐to‐risk assessment to balance the potential positive versus negative consequences to participants, while maintaining the integrity and feasibility of conducting genetic research studies. (shrink)

Patient outcome after serious brain injury is highly variable. Following a period of coma, some patients recover while others progress into a vegetative state (unresponsive wakefulness syndrome) or minimally conscious state. In both cases, assessment is difficult and misdiagnosis may be as high as 43%. Recent advances in neuroimaging suggest a solution. Both functional magnetic resonance imaging and electroencephalography have been used to detect residual cognitive function in vegetative and minimally conscious patients. Neuroimaging may improve diagnosis and prognostication. These techniques (...) are beginning to be applied to comatose patients soon after injury. Evidence of preserved cognitive function may predict recovery, and this information would help families and health providers. Complex ethical issues arise due to the vulnerability of patients and families, difficulties interpreting negative results, restriction of communication to “yes” or “no” answers, and cost. We seek to investigate ethical issues in the use of neuroimaging in behaviorally nonresponsive patients who have suffered serious brain injury. The objectives of this research are to: (1) create an approach to capacity assessment using neuroimaging; (2) develop an ethics of welfare framework to guide considerations of quality of life; (3) explore the impact of neuroimaging on families; and, (4) analyze the ethics of the use of neuroimaging in comatose patients. (shrink)

The paper deals with the question of whether poverty as such violates the dignity of persons. It is argued that it does. This is, it is argued, not due to a lack of basic goods, nor to the fact that poverty prevents persons from enjoying the rights they have, particularly the right to bodily integrity. Poverty does violate dignity, so it is argued, insofar as poor people are dependent on others in a degrading way.

The paper deals with the question of whether poverty as such violates the dignity of persons. It is argued that it does. This is, it is argued, not due to a lack of basic goods, nor to the fact that poverty prevents persons from enjoying the rights they have, particularly the right to bodily integrity. Poverty does violate dignity, so it is argued, insofar as poor people are dependent on others in a degrading way.

The state, by V.I. Lenin.--The revolutionary part played by law and the state; a general doctrine of law, by P.I. Stuchka.--The theory of Petrazhitskii: Marxism and social ideology. Law, our law, foreign law, general law, by M.A. Reisner.--The general theory of law and Marxism, by E.B. Pashukanis.--The right deviation in the Communist Party of Bolsheviks. Political report of the Central (Party) Committee to the XVI Congress, 1930, by J.V. Stalin.-- The Soviet state and the revolution in law, by E.B. Pashukanis.--Socialism (...) and law, by P. Yudin.--The fundamental tasks of the science of Soviet socialist law, by A.Y. Vyshinsky.--Report to the XVIII Party Congress, by J.V. Stalin.--The theory of the state and law, by S.A. Golunskii and M.S. Strogovich.--The Soviet state in the war for the fatherland, by A.Y. Vyshinsky.--The relationship between state and law, by I.P. Trainin. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Sophocles: AntigoneE. Christian KopffMark Griffith, ed. Sophocles: Antigone. Cambridge: Cambridge University Press, 1999. xii + 366. Cloth, $64.95; paper, $24.95.Mark Griffith's edition of Sophocles' Antigone is a welcome addition to the Cambridge Greek and Latin Classics. The best volumes in the series, inaugurated by T. B. L. Webster's Philoctetes (1970), enrich the traditional commentary format with the editor's distinctive scholarly concerns: general editor P. E. Easterling's Trachiniae (...) (1982) displays a sensitive literary taste; R. D. Dawe's Oedipus Rex (1982) provides a lively example of a first-rate mind reading a great text, as does Alan Sommerstein's Eumenides (1989); Sommerstein doubts that his play was originally called "Eumenides," while Griffith's Prometheus (1983) gives reasons to question the Aeschylean authorship of Prometheus Vinctus. Griffith's Antigone is less controversial, but it lives up to the series' high standards.The introduction has almost thirty pages of background information on Sophocles and Athens, the myth, dramatic structure, technique, and style, the production of Greek drama, and the transmission of the text. The forty pages on "The Meaning of the Play" contain short essays with bibliography on aesthetics, lessons, characters, ethics, contradictions (human/divine, polis/oikos, male/female), politics, and fantasies. The section on character is especially clear and forceful, but I found the pages on fantasies less focused and their discussion of Freudian criticism, with the rambling footnote on page 60, distracting. Colleagues will learn much from these pages, but students might well skip them and start reading the play.The text is temperately conservative, with good taste displayed when conjectures and variant readings are chosen. The commentary is careful, scholarly, and yet accessible to students. Difficult passages are translated with close attention to particles. The many notes devoted to explicating the nuances of the word reminded me of the story that Denniston was supposedly overheard telling a student, " can sometimes mean 'and.'"Each chorus is accompanied by a metrical description based on a colometry which is often that of R. D. Dawe's Teubner (1985). Griffith's short essays explaining the metrical patterns are usually successful. An exception is his note on [End Page 274] 1115-16/1126-27, which he prints as one long colon, which "could be classified as a kind of 'dragged enoplian'... or as 'acephalous dactylo-epitrite.'... In either case the affiliation to aeolics remains clear" (316). This is the kind of explanation which convinces people that metrics is mumbo-jumbo. Griffith refers to A. M. Dale, Lyric Metres of Greek Drama (Cambridge 1968, 191 n. 3), but Dale's note does not explain why she prefers this colometry over others. The colometry of Lloyd-Jones and Wilson's Oxford Classical Text (1990) is better than Dale's and Griffith's because it is easier to understand (telesillean with resolved first element/ iambic penthemimer) and fits the meter of the rest of the ode. This is also true of the colometry of manuscript L, Laurentianus 32.9 (telesillean/iambic dimeter/telesillean), which I prefer.Griffith usually ignores L's colometry, although for the third stasimon (781-800), the Eros Ode, he agrees with it, including word break at the end of 789/799, and gives a good discussion of the metrical and verbal traits that make the poem a satisfying unity. In other choruses the colometry of manuscript L is superior to that concocted by modern scholars, for example, the second stasimon (582-625), the Ate Ode. At 604-5/615-16, the beginning of the second strophe and antistrophe, Griffith prints glyconic () followed by hipponactean (). L presents these lines as hipponactean and hagesichorean (), an acephalous hipponactean. With modern editors' colometry, the hipponactean is a pendent clausula to the preceding glyconic. Two points noted by Griffith favor the manuscripts. The modern colometry entails word break in both strophe and antistrophe, so that, as Griffith notes (223) "'dovetailing' makes the distinction between 'glyconic' and 'hipponactean' arbitrary." The modern colometry is clearer on paper than in performance. The ancient colometry begins a pattern of increasingly acephalous verses, as noted by Bruno Snell, in Griechische Metrik (Göttingen 1984, 62).More important, as Griffith notes sagaciously: "The basic motif... (shrink)

In light of scientific advances such as genomics, predictive diagnostics, genetically engineered agriculture, nuclear transfer cloning, and the manipulation of stem cells, the idea that genes carry predetermined molecular programs or blueprints is pervasive. Yet new scientific discoveries—such as rna transcripts of single genes that can lead to the production of different compounds from the same pieces of dna—challenge the concept of the gene alone as the dominant factor in biological development. Increasingly aware of the tension between certain empirical results (...) and interpretations of those results based on the orthodox view of genetic determinism, a growing number of scientists urge a rethinking of what a gene is and how it works. In this collection, a group of internationally renowned scientists present some prominent alternative approaches to understanding the role of dna in the construction and function of biological organisms. Contributors discuss alternatives to the programmatic view of dna, including the developmental systems approach, methodical culturalism, the molecular process concept of the gene, the hermeneutic theory of description, and process structuralist biology. None of the approaches cast doubt on the notion that dna is tremendously important to biological life on earth; rather, contributors examine different ideas of how dna should be represented, evaluated, and explained. Just as ideas about genetic codes have reached far beyond the realm of science, the reconceptualizations of genetic theory in this volume have broad implications for ethics, philosophy, and the social sciences. Contributors. Thomas Bürglin, Brian C. Goodwin, James Griesemer, Paul Griffiths, Jesper Hoffmeyer, Evelyn Fox Keller, Gerd B. Müller, Eva M. Neumann-Held, Stuart A. Newman, Susan Oyama, Christoph Rehmann-Sutter, Sahotra Sarkar, Jackie Leach Scully, Gerry Webster, Ulrich Wolf. (shrink)

A core question of contemporary social morality concerns how we ought to handle racial categorization. By this we mean, for instance, classifying or thinking of a person as Black, Korean, Latino, White, etc.² While it is widely FN:2 agreed that racial categorization played a crucial role in past racial oppression, there remains disagreement among philosophers and social theorists about the ideal role for racial categorization in future endeavors. At one extreme of this disagreement are short-term eliminativists who want to do (...) away with racial categorization relatively quickly (e.g. Appiah, 1995; D’Souza, 1996; Muir, 1993; Wasserstrom, 2001/1980; Webster, 1992; Zack, 1993, 2002), typically because they view it as mistaken and oppressive. At the opposite end of the spectrum, long-term conservationists hold that racial identities and communities are beneficial, and that racial categorization —suitably reformed —is essential to fostering them (e.g. Outlaw, 1990, 1995, 1996). While extreme forms of conservationism have fewer proponents in academia than the most radical eliminativist positions, many theorists advocate more moderate positions. In between the two poles, there are many who believe that racial categorization is valuable (and perhaps necessary) given the continued existence of racial inequality and the lingering effects of past racism (e.g. Haslanger, 2000; Mills, 1998; Root, 2000; Shelby, 2002, 2005; Sundstrom, 2002; Taylor, 2004; Young, 1989). Such authors agree on the short-term need for racial categorization in at least some domains, but they often differ with regard to its long-term value. (shrink)

English summary: It seems that reason is less a universal principle than something inherently bound to the contexts in which it appears. These contributions to a conference held on the occasion of Christoph Schwobel's 60th birthday explore the character of reason's manifold contexts: the grounding of reason in the inner word of God 's Trinitarian life as well as the disclosure of reason and and its limits in human conversation. German description: Vernunft scheint in der Gegenwart weniger ein allgemeines Prinzip (...) als eine in Kontexte eingebundene Grosse zu sein. Die Beitrage einer Tagung anlasslich von Christoph Schwobels 60. Geburtstag, gehen der Frage nach dem Charakter dieser Kontextbindung nach: der Begrundung der Vernunft im trinitarischen Gesprach wie der Erschliessung und Problematisierung der Vernunft im menschlichen Gesprach. Mit Beitragen von V. Brummer, G. van den Brink, C. Drobe, H. J. Eckstein, D.-M. Grube, J. Halfwassen, S. Heine, F. Hermanni, E. Herms, W. Harle, W. Homolka, W. Jeanrond, R. W. Jenson, D. Kelsey, A. F. Koch, A. Kupsch, V. Leppin, P.-C. Lai, P. Lo, A. Min, J. Moltmann, M. Muhling, P. Peterson, M. Sarot, F. Schweitzer, A. Torrance, J. Webster, M. Welker, M. Wendte, M. Wisse, H. Wisskirchen und L. Zak. (shrink)

What is pedagogy, exactly? Merriam-Webster defines it simply as “the art, science, or profession of teaching.” In contemporary academic discourse, however, pedagogy is generally left undefined — with its apparent implicit meanings ranging anywhere from a specific “model for teaching” (e.g., behaviorist or progressivist instruction) to a broadly political philosophy of education in general (most famously, a “pedagogy of the oppressed”). In this paper, Norm Friesen and Hanno Su follow the Continental pedagogical tradition in giving pedagogy a general but (...) explicit definition. They do so by looking at how pedagogy arises both in everyday life and in school as unavoidably ethical activity undertaken primarily for the sake of the young person or child. Such activities, the authors maintain, are structured not so much by processes, methods, and outcomes, but by irresolvable oppositions and the tensions between them. They illustrate this inductively through a series of images and examples — moving gradually from ones involving parenting and early childhood to ones from elementary and secondary schooling. In this way, Friesen and Su show that pedagogy is not so much one or more ideologically focused or evidence-based instructional or psychological approaches to be mastered by a professional or teaching specialist. It is instead an independent but ethically informed practical perspective — one that can (and has) been extended to form a distinctively pedagogical theory and discipline. As such, it is something that is not only a part of our everyday life and culture, but arguably of all human cultures. (shrink)

In seeking an answer to the question, How can the church speak from Christian warrants on any of the fateful choices we face in our common life, Paul Ramsey argued that, when it speaks, the voice of the church ought to be instructional rather than advocatory. An investigation of what the Episcopal Church has said over the past 20 years about abortion provides strong support for Ramsey's argument. This history suggests also that additional questions need to be asked if that (...) church and others are to address adequately the issues raised by the decision of the Supreme Court in the case of Webster v. Reproductive Health Services. The most important of these questions are: (a) on what sorts of issues are the churches obliged to speak, (b) are these issues ones that call for agreement, (c) to whom are the churches obliged to speak, (d) in what vocabulary ought they to speak, (e) who ought to speak, and (f ) under what circumstances is anyone obliged to listen. At a minimum, an adequate ethic for ecclesiastical pronouncements requires that these questions be asked and answered. (shrink)

If metaphysics is centrally concerned with charting the domain of the possible, the only coherent account of the ground of metaphysical possibility and of our capacity for modal knowledge is to be found in a version of essentialism: a version that I call serious essentialism, to distinguish it from certain other views which may superficially appear very similar to it but which, in fact, differ from it fundamentally in certain crucial respects. This version of essentialism eschews any appeal whatever to (...) the notion of possible worlds in its account of the nature and ground of metaphysical possibility, for reasons that which I shall endeavour to explain and justify in this paper. (shrink)

Books reviewed:James D. G. Dunn and John W. Rogerson, Eerdmans Commentary on the BibleYairah Amit, Reading Biblical Narratives. Literary Criticism and the Hebrew BibleThomas L. Leclerc, Yahweh is Exalted in Justice: Solidarity and Conflict in IsaiahNuria Calduch‐Benages, Joan Ferrer, and Jan Liesen, La sabiduría del Escriba/Wisdom of the Scribe: Diplomatic Edition of the Syriac Version of the Book of Ben Sira according to Codex Ambrosianus, with Translations in Spanish and EnglishSidnie White Crawford and Leonard J. Greenspoon, The Book of Esther (...) in Modern ResearchPaolo Sacchi, The History of the Second Temple PeriodMary E. Mills, Biblical Morality. Moral Perspectives in Old Testament NarrativesRichard Swinburne, The Resurrection of God IncarnateH. Benedict Green, Matthew, Poet of the BeatitudesC. K. Barrett, On Paul. Essays on His Life, Work and Influence in the Early ChurchMichael D. Goulder, Paul and the Competing Mission in CorinthByron R. McCane, Roll Back the Stone: Death and Burial in the World of JesusMagnus Zetterholm, The Formation of Christianity in Antioch: A Social‐Scientific Approach to the Separation between Judaism and ChristianityDale V. Irvin and Scott W. Sunquist, History of the World Christian Movement, Volume I: Earliest Christianity to 1453Francis Clark, The ‘Gregorian’ Dialogues and the Origins of Benedictine MonasticismMichael Frassetto, The Year 1000: Religious and Social Response to the Turning of the First MillenniumPatrick Nold, Pope John XXII and his Franciscan Cardinal: Bertrand de la Tour and the Apostolic Poverty ControversyTeresa P. Reed, Shadows of Mary: Reading the Virgin Mary in Medieval TextsMichael D. Bailey, Battling Demons: Witchcraft, Heresy, and Reforma in the Late Middle AgesColm Lennon, An Irish Prisoner of Conscience of the Tudor Era: Archbishop Richard Creagh of Armagh, 1523–86Judith S. Graham, Puritan Family Life: The Diary of Samuel SewallCrawford Gribben, The Puritan Millennium. Literature and Theology, 1550‐1682M. Feingold, Jesuit Science And The Republic of LettersRobert Bireley, The Jesuits And The Thirty Years War: Kings, Courts, and ConfessorsTorkel Brekke, Makers of Modern Indian Religion in the Late Nineteenth CenturyP. Koslowski, The Concept of God, the Origin of the World, and the Image of the Human in the World ReligionsPeter Koslowski, The Origin and the Overcoming of Evil and Suffering in the World ReligionsJ. H. Laenen, Jewish Mysticism: An IntroductionBarbara Bowe, Biblical Foundations of Spirituality: Touching a Finger to the FlameThomas G. Weinandy and Daniel A. Keating, The Theology of St Cyril of Alexandria. A Critical AppreciationJames D. G. Dunn, Jesus Remembered: Christianity in the Making, Volume 1Daniel W. Hardy, Finding the Church: The Dynamic Truth of AnglicanismS. Mark Heim, The Depth of the Riches: A Trinitarian Theology of Religious EndsJohn Webster, Word and Church. Essays in Christian DogmaticsAlister E. McGrath, A Scientific Theology. Volume 1: NatureJames Alison, On Being LikedMichael J. Langford, A Liberal Theology for the Twenty‐First Century: A Passion for ReasonGuy Mansini and James G. Hart, Ethics and Theological Disclosures:The Thought of Robert SokolowskiMark A. Wrathall, Religion After MetaphysicsGerd Van Riel, Pleasure and the Good Life: Plato, Aristotle, and the NeoplatonistsNomy Arpaly, Unprincipled Virtue: An Inquiry into Moral AgencyGernot Böhme, Ethics in Context: The Art of Dealing with Serious QuestionsErica Appelros, God in the Act of Reference: Debating Religious Realism and Non‐RealismMark C. Murphy, Natural Law and Practical RationalityRichard Brian Davis, The Metaphysics of Theism and ModalityJ. Brower and K. Guilfoy, The Cambridge Companion to AbelardBrian Davies, Thomas Aquinas: Contemporary Philosophical PerspectivesStephen J. Pope, The Ethics of AquinasKevin White and Romanus Cessario, On The Virtues John CapreolusSteven Shakespeare, Kierkegaard, Language and the Reality of GodSusan M. Felch and Paul J. Contino, Bakhtin and Religion: A Feeling for FaithRuth Coates, Christianity in Bakhtin: God and the Exiled AuthorDavid Michael Levin, The Philosopher's Gaze: Modernity in the Shadows of EnlightenmentCharles Guignon and David R. Hiley, Richard RortyCelia E. Deane‐Drummond, Biology and Theology TodayOswaldo de Rivero, The Myth of Development: The Non‐Viable Economies of the 21st Century. (shrink)

El propósito de este texto es ofrecer una visión general de la relación entre nación e historia en los debates que se generaron por parte de los historiadores y otros intelectuales de las ciencias sociales a finales del siglo XIX y durante gran parte del siglo XX. La reflexión central que se plantea consiste entonces en estudiar y mostrar cómo al mismo tiempo que las naciones modernas eran objeto de un proceso de redefinición política, en el escenario intelectual de las (...) ciencias sociales, y en particular de los historiadores, fueron apareciendo también un conjunto de debates y obras que intentaban problematizar y someter a consideración las relaciones que pretendían establecerse entre la nación y la historia como un elemento que las justificaba. (shrink)

Book reviewed in this article: In Search of History: Historiography in the Ancient World and the Origins of Biblical History. By John Van Seters. The Hidden God: The Hiding of the Face of God in the Old Testament. By Samuel E. Balentine. Theodicy in the Old Testament. Edited by James L. Crenshaw. Ce Dieu censé aimer la Souffrance. By François Varone. Evil and Evolution, A Theodicy. By Richard W. Kropf. ‘Poet and Peasant’ and ‘Through Peasant Eyes’: A Literary‐Cultural Approach to (...) the Parable in Luke. By Kenneth Bailey. The Biblical Foundations for Mission. By Donald Senior and Carroll Stuhlmueller. New Testament Foundations of Ministry. By Colin Kruse. Church, Ministry and Unity. By James E. Griffiss. Theology of Ministry. By Thomas Franklin O'Meara. Yesterday and Today: A Study of Continuities in Christology. By Colin E. Gunton. I believe in the Holy Spirit. By Yves Congar. Between Jesus and Paul. By Martin Hengel. From Nicaea to Chalcedon: A Guide to the Literature and its Background. By Frances Young. Alan of Lille: The Frontiers of Theology in the Later Twelfth Century. By G.R. Evans. Mystic and Pilgrim: The Book and the World of Margery Kempe. By Clarissa W. Atkinson. Church, Politics and Society: Scotland 1408–1929. Edited by N. Macdougall. Renaissance and Reform: The Italian Contribution. Collected Essays, Volume II. By Frances A. Yates. Seven‐Headed Luther: Essays in Commemoration of a Quincentury, 1483–1983. Edited by Peter Newman Brooks. Ökumenische Erschliessung Martin Luthers. Edited by Peter Manns and Harding Meyer. Luther's Ecumenical Significance, An Interconfessional Consultation. Edited by Peter Manns and Harding Meyer, in collaboration with Carter Lindberg and Harry McSorley. States of Mind: A Study of Anglo‐Irish Conflict 1780 to 1980. By Oliver MacDonagh. The Parish Clergy in Nineteenth‐Century Russia: Crisis, Reform, Counter Reform. By Gregory L. Freeze. Pusey Rediscovered. Edited by Perry Butler. Between Two Worlds: George Tyrrell's Relationship to the Thought of Matthew Arnold. By Nicholas Sagovsky. The Concept of Glaubenslehre. By Walter E. Wyman, Jr. The Existence and Nature of God. Edited by Alfred J. Freddoso. Faith and Reason. By Anthony Kenny. Logic and The Nature of God. By Stephen T. Davis. Personal Responsibility and Christian Morality. By Josef Fuchs. Morality and Conflict. By Stuart Hampshire. Realism and Imagination in Ethics. By Sabina Lovibond. Intentionality. By John R. Searle. Philosophical Papers, I: Practical Reason. By G.H. von Wright. Philosophical Papers, II: Philosophical Logic. By G.H. von Wright. A Model of Making: Literary Criticism and its Theology. By Ruth Etchells. The Return of the Goddess: Femininity, Aggression and the Modern Grail Quest. By Edward Whitmont. The Power of the Poor in History. By Gustavo Gutierrez, translated by Robert R. Barr. The God of the Xhosa. By Janet Hodgson. Our Hymn Tunes: Their Choice and Performance. By Donald Webster. The Almighty Wall: The Architecture of Henry Vaughan. By William Morgan. An Introduction to Plato's Laws. By R.E. Stalley. Plato's Late Ontology: A Riddle Resolved. By Kenneth M. Sayre. Plato's ‘Parmenides’: Translation and Analysis. By R.E. Allen. Politics in the Ancient World. By M.I. Finley. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:TOWARD A THOMISTIC PERSPECTIVE ON ABORTION AND THE LAW IN CONTE:MPORARY AMERICA M. CATHLEEN KAVENY Yale University New Haven, Oonnecticut Introduction W;HEN THE SUPREME COURT handed down its abortion decision Webster v. Reproductive Health Services 1 in the summer of 1989, it was widely prel 109 S. Ct. 3040 (1989). All further citations to Webster will be given parenthetically in the text. To summarize the most significant (...) aspects. of the decision: A. Chief Justice Rehnquist authored an opinion of the Oourt (of the highest precedential value) which was joined by Justices White, Kennedy, Scalia, and O'Connor. The majority found the lower courts to be in error in striking down as unconstitutional the preamble to a Missouri statute which asserted that "the life -0f each human being begins at conception." The opinion of the Court also found that Missouri could constitutionally prohibit the use of public employees and facilities in the performance of abortions not necessary to save the mother's life. B. The Court also upheld the Missouri statute's provision requiring a. doctor to perform viability tests before aborting a fetus the doctor believes is of 20 or more weeks gestational age. In the plurality opinion (of less precedential value than an opinion -0f the Court, since it is not joined by a majority of the justices), Chief Justice Rehnquist, Justice White, and Justice Kennedy argued that since most fetuses are not viable at twenty weeks, the provision would impose substantial restrictions unrelated to the health of the mother upon what are, in fact, simply sec-0nd trimester abortions. Because they believed such restrictions to be in tension with Roe's trimester system, the plurality decided to abandon that system, along with its stipulation that the state's interest in unborn life became compelling only at viability. The plurality contended, however, that Webster presented no occasion for reconsidering Roe's holding, which deemed unconstitutional a statute prohibiting all abortions except those necessary to save the life of the mother. In a concurring opinion, Justice Scalia went further, arguing that the Court should explicitly overrule Roe v. Wade. On the other hand, Justice O'Connor, 848 344 M. CAT'HLEEN KAVENY dieted that this would exaicerbate a dangerously bitter social·struggle. In its 1973 decision Roe v. Wade (410 U.S. 113), the court had e1abo:raJted.a woman's right to abortion, and, in rthe sixteen years that fo11owed it, it ga,V'e that right unwavering support. Webster 'seemed to mark a retl.'eat from that support. The new scope it offered for state regulation of rubortion promised rto ignite gra,ss-roots forvor and a stiate..:by-state battle between those seeking rto maintain the abortion rights est1ab1isihed by Roe and its sequalia and those st:dving to limit the s1oope of these rights in 1 significant ways. Much of the criticism of Webster has fooused narrowly upon how weM the,decision has aiocorided with various views on the morality of abortion. Yet important 1as this issue is, thorough ethicaJ ana:lysis of Webster must address severa1l additional fac~ tors. The ethiicatl aidequacy of positive law, induding judicial interpretations of faw siuch as Webster, must he ev1alruated in terms of whetheir it aidvanices or impedes the common good. The common good requires not only that we consider the moml substance of legal requirements but tha:t we ailso attend to the manner in which law is made, promulgated, ml!d interpreted. Such an analysis is,sorely needed; it should. specify the severa1l factors involved in determining whether any given legal also concurring in the plurality's judgment, maintained that this provision of the statute could be upheld without any reconsideration of Roe, since it co· hered with that decision's recognition of the compelling state interest in viable fetal life. C. Justice Blackmun authored an opinion dissenting from the majority on the issues discussed above, and he was joined by Justices Brennan and Mar· shall. The thrust of his opposition is directed against the plurality's treatment of the viability testing,provisions. Blackmun first suggested that i.f understood according to the canons of proper statutory interpretation, these provisions unconstitutionally restrict the attending physician... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Speculative Philosophy 14.1 (2000) 79-81 [Access article in PDF] Books Received July 1999 through December 1999Asmuth, Christoph. 1999. Das Begriefen des Unbegreiflich. Abt. II, Band 41 of Spekulation and Erfahrung. Stuttgart: Frommann-holzboog. 411 pp.Badiou, Alain. 1999. Manifesto for Philosophy. Trans. and ed. Norman Madarasz. Albany: SUNY Press. 181 pp. h.c. 0-7914-4219-5, $14.95 pbk. 0-7914-4220-9.Barwise, Jon, and John Perry. 1999. Situations and Attitudes. New York: Cambridge UP. (...) lxxxviii + 352 pp. $22.95 pbk. 1-57586-193-3.Benson, Bruce L. 1998. To Serve and Protect: Privatization and Community in Criminal Justice. New York: New York UP. xxviii + 372 pp. $37.50 h.c. 1-8147-1327-0.Bonsdorff, Pauline von, and Arto Haapala, eds. 1999. Aesthetics in the Human Environment. Lahti, Finland: International Institute of Applied Aesthetics. 204 pp. h.c. 952-5069-07-09.Bratman, Michael E. 1999. Intention, Plans, and Practical Reason. Stanford, CA: CSLI Publications. vi + 200 pp. $22.95 pbk. 1-57586-192-5.Brencick, Janice M., and Glenn A. Webster. 2000. Philosophy of Nursing: A New Vision for Health Care. Albany: SUNY Press. ix + 247 pp. h.c. 0-7914-4379-5, $19.95 pbk. 0-7914-4380-9.Clendenning, John. 1999. The Life and Thought of Josiah Royce. 2d ed. Nashville, TN: Vanderbilt UP. xvii + 446 pp. $49.95 h.c. 0-8265-1312-3, $24.95 pbk. 0-8265-1322-0.Curtis, Kimberley. 1999. Our Sense of the Real: Aesthetic Experience and Arendtian Politics. Ithaca, NY: Cornell UP. xv + 197 pp. $39.95 h.c. 0-8014-3577-3, $16.95 pbk. 0-8014-8640-8.Frederick, Robert E., ed. 1999. A Companion to Business Ethics. Malden, MA: Blackwell. xvi + 464 pp. $99.95 h.c. 0-631-20130-0.Gallois, André. 1996. The World Without, the Mind Within: An Essay on First-Person Authority. Cambridge, UK: Cambridge UP. xii + 213 pp. h.c. 0-521-56093-4.Gracia, Jorge J. E. 1999. Metaphysics and its Task: The Search for the Categorial Foundation of Knowledge. Albany: SUNY Press. xix + 247 pp. h.c. 0-7914-4213-6, $17.95 pbk. 0-7914-4214-4.Grosz, Elizabeth, ed. 1999. Becomings: Explorations in Time, Memory, and Futures. Ithaca, NY: Cornell UP. vi + 250 pp. $45.00 h.c. 0-8014-3632-X, $18.95 pbk. 0-8014-8590-8.Heidegger, Martin. 1999. Ontology--The Hermeneutics of Facticity. Trans. John van Buren. Bloomington: Indiana UP. xii + 138 pp. $24.95 h.c. 0-253-33507-8.Heyde, Ludwig. 1999. The Weight of Finitude: On the Philosophical Question of God. Trans. Alexander Harmsen and William Desmond. Albany: SUNY Press. xviii + 177 pp. h.c. 0-7914-4265-9, $17.95 pbk. 0-7914-4266-7.Lang, Berel. 1999. The Future of the Holocaust: Between History and Memory. Ithaca, NY: Cornell UP. xiv + 198 pp. $45.00 h.c. 0-8014-3588-9, $17.95 pbk. 0-8014-8569-X.Levinas, Emmanuel. 1999. Alterity and Transcendence. Trans. Michael B. Smith. New York: Columbia UP. xxiv + 195 pp. $29.50 h.c. 0-231-11650-0.Lorraine, Tamsin. 1999. Irigaray and Deleuze: Experiments in Visceral Philosophy. Ithaca, NY: Cornell UP. xiv + 272 pp. h.c. 0-8014-3623-0, $19.95 pbk. 0-8014-8586-X.Margolis, Eric, and Stephen Laurence, eds. 1999. Concepts: Core Readings. Cambridge, MA: MIT Press. x + 652 pp. h.c. 0-262-13353-9, $37.50 pbk. 0-262-63193-8.McCumber, John. 1999. Metaphysics and Oppression: Heidegger's Challenge to Western Philosophy. Bloomington: Indiana UP. xiv + 338 pp. $49.95 h.c. 0-253-33473-X, $24.95 pbk. 0-253-21316-9.McWhorter, Ladelle. 1999. Bodies and Pleasures: Foucault and the Politics of Sexual Normalization. Bloomington: Indiana UP. xx + 260 pp. $39.95 h.c. 0-253-33558-2, $18.95 pbk. 0-253-21325-8.Raposa, Michael L. 1999. Boredom and the Religious Imagination. Charlottesville, VA: UP of Virginia. xiii + 199 pp. $40.00 h.c. 0-8139-1898-7, $13.95 pbk. 0-8139-1925-8.Redding, Paul. 1999. The Logic of Affect. Ithaca, NY: Cornell... (shrink)

Selected articles of Ēṭukūru Balarāmamūrti on Marxist philosophy; includes contributed on his life and work.

Linguistic study of Mongolian traditional classical translation.

In lieu of an abstract, here is a brief excerpt of the content:THE ACTUAL INFINITE IN ARISTOTLE Prolegomena: Philosophy and Theology Related HENEVER PHILOSOPHY is taken to be the handmaiden of theology, then the autonomy of reason is destroyed." Such a daim should be distinguished from a still 1stronger thesis. Compare: " A philosopher may not legitimately try to fortify an argument by bringing in new premises from another discipline which has a special aura of authority." Quite how Aristotle would (...) have reacted to the first generalization, if it had been suitably translated for his scrutiny, is a question on which commentators might agree to differ. But Aristotle would have been as!'eluctant as Aquinas, or Maimonides, or later Monotheists who treasured the Physics, to leave the second general claim unquestioned. Natural and revealed theology, like physics or mathematics, are domains where extremely subtle reasoner1s have studied and published widely for a very long time. So an elementary respect for induction suggests that philosophers should e:x;pect to benefit from,applying some premises and some ways of arguing, which are found in theology, to their own issues. I speak of premises and ways of arguing that philosophers qua philosophers have not provided before. Thinkers in all four disciplines could thus profit from each body of work. Even the law of averages is set pitilessly against the second general claim.1 1 The late Father F. C. Copleston, S.J., covers many important topics regarding theology and philosophy in Aquinets (Baltimore: Peng11in, 1955), pp. 12-14, 19, 54-63, 65-68, 74, 116, etc. But the point put forward here about human power to strengthen intuition in one field seems to be partly missed. Copleston also fails to dwell enough on infinity in various passages. See John King-Farlow, "The First ·way in Physical and Moral Space", The Thomist 427 428 JOHN KING-FARLOW By focussing on some arguments of Aristotle's against the admissibility of an,actual infinite, we shall find deeper, less obvims reasons for rejecting that second claim. Other philosophical points of intrinsic value should emerge as well foom the short investigation. But this one is especially interesting because of its curious pertinence to perennial disagreements among those who address the relations of theology, theism and philosophy. At any rate, the search for such deeper reasons will involve the application to Aristotle's texts of a somewhat modern way of using the term " intuition ". Introduotion: A Relevant Kind of Intuitive Thinking Diss,atisfaction with modern Platonism in higher mathematics may be added to disenchantment with Platonism's modern opponents. Such opposition may seem too technical for issues of intuition or, indeed, of common reason. And so one is led back to consider certain rightly famous arguments of Aristotle. But before turning to Aristotle and his grapplings with ideais and claims about an actual infinity, let us 1ook at a few very ordinary uses of the sometimes charismatic word "intuition." Webster's Dictionary (1978) offers: "immediate and instinctive perception of a truth; direct understanding without reasoning." In his classic study Evolution of JJ;Jathematieal Concepts, Wilder writes at least once in the spirit of Webster: "Counting with fingers (and toes) clearly involves intuitive recognition of (1-1)-correspontreme, excessive gene:msity, and, next, irion unwillingness to give ·anything to others, lies usually much closer to the first extreme. Between utter recklessness and self-paralyzing caution the Mean may oscillate in relative distance, according to the demands of the context. Near recklessness may offer the only means to win one kind of battle and a stubborn refusal to move may be needed for the nex>t victory. By pursuing such a nonmechanical and variably positioned ideal of a Mean, a really wise father usually oould show special favor to one specially deserving child in some ways and some contexts, yet generally show very satisfying love to a;ll his children. 11 Richard Bosley, " What Is a Mean? The Question Considered Compara· tively and Systematically." PhiloB. (shrink)