Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no (...) authority. Whatever authority is has depends on how well it adheres to the demands of morality inasmuch as morality is the only authority we have. Thus if morality says that money laundering should not be a crime then the state wrongs Ellen when it punishes her. But if the criminal law as such does have authority, and if in the exercise of its authority the state has decided to make money laundering a crime, then the state does Ellen no wrong when it punishes her. (shrink)

Darwin’s classic ‘Origin of Species’ (Darwin 1859) described forces of selection acting upon individuals, but there remains a great deal of controversy about what exactly the status and definition of a biological individual is. Recently some authors have argued that the individual is dispensable – that an inability to pin it down is not problematic because little rests on it anyway. The aim of this paper is to show that there is a real problem of biological individuality, and an urgent (...) need to arbitrate over the current plethora of solutions to it. (shrink)

Putting the ethical tools of philosophy to work, Ellen K. Feder seeks to clarify how we should understand "the problem" of intersex. Adults often report that medical interventions they underwent as children to "correct" atypical sex anatomies caused them physical and psychological harm. Proposing a philosophical framework for the treatment of children with intersex conditions—one that acknowledges the intertwined identities of parents, children, and their doctors—Feder presents a persuasive moral argument for collective responsibility to these children and their families.

"In the 12 case studies in this treasure of a book, various authors examine the critical, direction-finding moments in the work of such individuals as Charles Darwin, Jean Piaget, Robert Burns Woodward, William James, Anais Nin, and others." --Virginia Quarterly Review.

This chapter develops the idea that the germ-soma split and the suppression of individual fitness differences within the corporate entity are not always essential steps in the evolution of corporate individuals. It illustrates some consequences for multilevel selection theory. It presents evidence that genetic heterogeneity may not always be a barrier to successful functioning as a higher-level individual. This chapter shows that levels-of-selection theorists are wrong to assume that the central problem in transitions is always that of minimizing within-group competition. (...) Evidence of intralevel conflict does not qualify as evidence against the existence of a higher level of selection. (shrink)

Arid Waters is a photographic response to the growing crisis of water scarcity, which exists because our culture thinks of water as a commodity, or an abstract legal right, rather than the most basic physical source of life. The Water in the West Project began as a collaborative effort designed to present an artistic response to water as a social issue. Photography historian Ellen Manchester and the photographers - Mark Klett, Terry Evans, Laurie Brown, Peter Goin, Robert Dawson, Martin (...) Stupich, Gregory Conniff, and Wanda Hammerbeck - address the question: How can photography contribute to the urgent public debate over water use and allocation? Project members prepared an exhibition of their work, defining it as a laboratory and emphasizing the process of working through ideas. Contact prints and numerous work prints were displayed on the walls of the Sheppard Fine Art Gallery at the University of Nevada, Reno, and simultaneously the Nevada Humanities Committee sponsored a conference entitled "Water in the Arid West." Participants included historians, writers, ranchers, politicians, lawyers, students, and community members. Arid Waters documents the evolution of the Water in the West Project from its inception as a group collaboration to the foundation of an archive. Ellen Manchester, codirector of the Water in the West Project, has written an informative introduction that provides a historical perspective for the collaboration. Including 59 photographs from the eight photographers, Arid Waters is a testimony to the role photography has played in western history. (shrink)

Following extensive examination of published and unpublished materials, we provide a history of the use of dexamethasone in pregnant women at risk of carrying a female fetus affected by congenital adrenal hyperplasia (CAH). This intervention has been aimed at preventing development of ambiguous genitalia, the urogenital sinus, tomboyism, and lesbianism. We map out ethical problems in this history, including: misleading promotion to physicians and CAH-affected families; de facto experimentation without the necessary protections of approved research; troubling parallels to the history (...) of prenatal use of diethylstilbestrol (DES); and the use of medicine and public monies to attempt prevention of benign behavioral sex variations. Critical attention is directed at recent investigations by the U.S. Food and Drug Administration (FDA) and Office of Human Research Protections (OHRP); we argue that the weak and unsupported conclusions of these investigations indicate major gaps in the systems meant to protect subjects of high-risk medical research. (shrink)

BackgroundThis paper represents a portion of the findings from one of the first research studies eliciting the lived experience of adults with an early diagnosis of Phenylketonuria living in Ireland. Ireland has one of the highest prevalence rates of PKU in Europe, however, little is known about the experience of Irish adults with PKU. Furthermore, Ireland is one of the first countries in the world to introduce neonatal screening followed by the introduction of long-term dietary therapy over 50 years ago. (...) This study presents the first comprehensive assessment of the lived experience of Irish adults with PKU on long term dietary therapy.MethodsNarrative data was collected from eleven self-selected participants, using semi-structured interviews. The interviews were divided into five sections focused on eliciting a holistic understanding of the lived experience of adults with PKU living in Ireland. Thematic analysis was guided by Colaizzi's Framework in conjunction with NVivo qualitative data analysis software.FindingsFindings from the original research encompassed a broad understanding of the lived experience of adults with PKU living in Ireland, including factors influencing dietary therapy and managing PHE blood levels. The themes being discussed within this article are those which appear to be least represented within current literature: living with PKU, including reproductive health, the importance of self-management and establishing routine, support networks in adulthood and concerns regarding aging with PKU.ConclusionIt was evident from the findings that a diagnosis of PKU can influence how adults with PKU may experience aging and their own mortality. These findings offer new insight into the vulnerability attached to the experience of aging with PKU and may be beneficial to advocacy groups and for future development of policy and practice. (shrink)

Nanotechnology will allegedly have a revolutionary impact in a wide range of fields, but has also created novel concerns about health, safety and the environment (HSE). Nanotechnology regulation has nevertheless lagged behind nanotechnology development. In 2004 the International Organization for Standardization established a technical committee for producing nanotechnology standards for terminology, measurements, HSE issues and product specifications. These standards are meant to play a role in nanotechnology development, as well as in national and international nanotechnology regulation, and will therefore have (...) consequences for consumers, workers and the environment. This paper gives an overview of the work in the technical committee on nanotechnology and discusses some challenges with regard to legitimacy in such work. The paper focuses particularly on stakeholder involvement and the potential problems of scientific robustness when standardising in such early stages of the scientific development. The intention of the paper is to raise some important issues rather than to draw strong conclusions. However, the paper will be concluded with some suggestions for improving legitimacy in the TC 229 and a call for increased public awareness about standardisation in the field of nanotechnology. (shrink)

Traditional Chinese culture, Confucianism, in particular, has a non-individualist conception of what it is to be human. It conceives of people fundamentally as members of social groups—specifically, the family, the clan, the political community and the state—not as atomic individuals as perceived in modern society. The communist ideology since the middle of the last century also emphasizes the significance of ‘the common good’ of the state which describes a specific ‘good’ that is shared and beneficial for all (or most) members (...) of a given community. Nevertheless, marketization and decentralization in China today have significantly challenged the notion of a state-oriented community that directly impacts China's healthcare system, beginning with the dismantling of the rural collectives and state-owned enterprises as part of the reform and opening process. This article will address healthcare challenges in China today, examining the conceptual/ethical issues raised by public healthcare, and contending that public health concerns should go beyond the dichotomy between individualism and collectivism. The article will argue that the family-oriented model of Confucianism offers an alternative way to look at what constitute a community and common goods. The Confucian approach to ethics is relevant to healthcare today. For example, it will be much easier to find a shared idea of common good in terms of complicated issues like healthcare; it would make sense to give a larger role to families via family savings accounts, and not have everything determined by the government. (shrink)

Though much has been written about when paternalistic intervention is justified, and about how it is justified, much less has been written about who may do the intervening. This is a substantial lacuna in our understanding of the nature of justified paternalism. By examining the question of who it is that may most appropriately interfere with the course of our decision-making, we can learn something useful both about paternalism and about the nature of friendship.In this essay I will argue that (...) friendship and paternalistic intervention are linked. Friendship of the close, intimate variety that I will be discussing is in part constituted by the fact that one friend is morally justified in interfering with the other’s decisions. Intimate friendship involves a partial meshing of identities. This meshing of identities manifests itself in part by the liberties that one friend takes in guiding the life of the other. Paternalistic intervention between friends can thus be justified because it expresses the union of the friends, and because it preserves that union. (shrink)

Cheryl Chase has argued that “the problem” of intersex is one of “stigma and trauma, not gender,” as those focused on medical management would have it. Despite frequent references to shame in the critical literature, there has been surprisingly little analysis of shame, or of the disgust that provokes it. This paper investigates the function of disgust in the medical management of intersex and seeks to understand the consequences—material and moral—with respect to the shame it provokes.Conventional ethical approaches may not (...) provide quite the right tools to consider this affective dimension of the medical management of intersex, but we find in Nietzsche's Genealogy of Morality a framework that allows us a profound appreciation of its moral significance (Nietzsche 1887/1998). Understanding doctors' disgust—and the disgust that they promote in parents of those born with atypical anatomies—as a contemporary expression of ressentiment directs us to not focus on the bodies of those born with intersex conditions, which have been the privileged objects of attention both in medical practice and in criticisms of it, but moves us to consider instead the bodies of those whose responses constitute the motivating force for normalizing practices in the first place. (shrink)

First Published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.

International law evolved to end and prevent armed conflict as much as for any other reason. Yet, the law against war appears weaker today than ever in its long history, evidenced by raging armed conflicts in which people are killed, injured, and forcibly displaced. The environment is devastated, and the planet impoverished. These consequences can be traced to the dominant ideology of realism. In 1946, Hersch Lauterpacht challenged that ideology by contrasting it with the idea of international law, composed of (...) natural law, positive law, and process theory. The Art of Law in the International Community revives his vision, rebuilding the understanding of why international law binds, what its norms require, and how courts are the ideal substitutes for war. The secret to the renewal of international law lies in revitalizing the moral foundation of natural law through drawing on aesthetic philosophy and the arts. (shrink)

One fundamental assumption seems to underlie – explicitly or implicitly – every critique of Brenner I have seen: that there can be no such thing as a Marxist theory of competition, the ‘horizontal’ relation among many capitals, that does not presuppose the ‘vertical’ class relation between capital and living labour. To start with the relation between capital and living labour is the only way to establish one's Marxist credentials. In support of that assumption, more than one critic has invoked Marx's (...) comment that competition does not produce or explain capitalist laws of motion but merely executes them, as their visible manifestation in the external movements of individual capitals. Predictably, too, some critics have gleefully turned against Brenner the charge he has famously levelled against other Marxists: that his focus on competition and the market makes him a ‘neo-Smithian’. (shrink)

Some maladaptive thought processes are characterized by reflexive and habitual patterns of cognitive and emotional reactivity. We review theoretical and empirical work suggesting that mindfulness—a state of nonjudgmental awareness of the present moment—can facilitate the discontinuation of such automatic mental operations. We propose a framework that suggests a series of more specific mechanisms supporting the de-automatizing function of mindfulness. Four related but distinct elements of mindfulness (awareness, attention, focus on the present, and acceptance) can each contribute to de-automatization through subsequent (...) processes, including discontinuing automatic inference, enhancing cognitive control capacity, facilitating metacognitive insight, and preventing suppression or thought distortion. De-automatizing can, in turn, allow enhancement of adaptive self-control ability and increased well-being. (shrink)

The practical difficulties that trouble any effort to discuss “pluralism” in American literary studies can be glimpsed in the following exchange. In a 1980 interview in the Literary Review of Edinburgh, Ken Newton put this question to Derrida:It might be argued that deconstruction inevitably leads to pluralist interpretation and ultimately to the view that any interpretation is as good as any other. Do you believe this and how do you select some interpretations as being better than others?Derrida replied:I am not (...) a pluralist and I would never say that every interpretation is equal but I do not select. The interpretations select themselves. I am a Nietzschean in that sense. You know that Nietzsche insisted on the fact that the principle of differentiation was in itself selective. The eternal return of the same was not repetition, it was a selection of the more powerful forces. So I would say that some are more powerful than others. The hierarchy is between forces and not between true and false.1­­The irony of Newton’s identification of pluralism with the very interpretive irresponsibility that it accuses others—Derrida foremost among them—of embracing is certainly not lost on those critics who call themselves pluralists; it comes as no surprise to them that Derrida declines to join their company. Nevertheless, the breezy gloss of pluralism as “the view that any interpretation is as good as any other” is bound to seem plausible to the large numbers of readers for whom the word denotes a generalized tolerance the refusal of dogmatism. That Derrida should be called upon to dissociate himself from pluralism is in fact symptomatic of the profound confusion surrounding the term. At present, the pervasiveness of such loose talk compels pluralists to defend themselves regularly against this kind of misinterpretation. Thus, the colloquial reading of pluralism that construes it as mere relativism, the absence of principled constraints, is frequently acknowledged, if only to be rejected. Even Bruch Erlich must emphasize that pluralism does not want “a totally free critical market, for that involves the proliferation of a hundred flowers, what Booth dismissively terms ‘chaotic warfare.’ ”2 1. James Kearn and Ken Newton, “An Interview with Jacques Derrida,” Literary Review 14 , p.21.2. Bruce Erlich, “Amphibolies: On the Critical Self-Contradictions of ‘Pluralism,’ ” this volume, p. 527; all further references to this essay will be included in the text. Ellen Rooney teaches English and women’s studies at Brown University. She is currently at work on a study entitled Seductive Reasoning: Pluralism and the Problematic of General Persuasion. (shrink)

There are many strains in Heidegger’s thought to which he often refers, but one that he never mentions, Taoism. Otto Pöggeler has noted that Heidegger’s engagement with Chinese philosophy, and in particular with the Tao Te Ching of Lao-tzu, exerted a decisive effect on the form and direction of his later thinking. With Reinhard May’s careful comparisons of passages from Heidegger’s major texts with translations of the Tao Te Ching and various Zen Buddhist texts, there is now general agreement on (...) Heidegger’s indebtedness to Chinese philosophy. The recurrent themes of his later lectures can all be found in Taoist texts. Often these are points on which he is labeled a mystic or an irrationalist and taken to task by his Western critics. This essay examines some key facets of his thought and compares his position to that of the Tao Te Ching so as to determine the extent to which Heidegger has departed from the Western tradition to become a Taoist. (shrink)

The philosophy of family‐centered care (FCC) promotes partnerships between families and staff to plan, deliver, and evaluate services for children and has been officially adopted by a majority of pediatric hospitals throughout North America. However, studies indicated that many parents have continued to be dissatisfied with their decision‐making roles in their child's care. This is particularly salient for parents of children with chronic ongoing complex health problems. These children are dependent upon medical technology and require frequent hospitalizations during which parents (...) must contribute to difficult decisions regarding their child's care. Given this clinical issue, an alternative theoretical perspective was explored to redress this problem. Pierre Bourdieu's theoretical concepts of field, capital, and habitus were used to analyze the hierarchical relationships in pediatric acute care hospitals and to design a briefing intervention aimed at improving parents' satisfaction with decision making in that health care setting. (shrink)

Most readers of Louis Althusser first enter his work through his writings on ideology. In an important new essay Étienne Balibar, friend and colleague of Althusser, offers an original reading of Althusser’s idea of ideology, drawing on both recently published posthumous writing and Althusser's work on the Piccolo Teatro di Milano. Balibar’s essay uncovers the intricate workings of interpellation through Althusser’s essays on the theater. If debates on dialectical materialism belong to a distant history, Balibar suggests, the question of ideology (...) remains crucial for thinking the present. The issue includes commentaries on Balibar’s essay from five influential scholars who engage critically with Althusser’s philosophy: Judith Butler, Banu Bargu, Adi Ophir, Warren Montag, and Bruce Robbins. This issue reanimates Althusser’s concept of ideology as an analytic tool for contemporary cultural and political critique. (shrink)

According to several fourth-century Athenian sources, the Spartans were a boorish and uneducated people, who were either hostile toward the written word or simply illiterate. Building upon such Athenian claims of Spartan illiteracy, modern scholars have repeatedly portrayed Sparta as a backward state whose supposedly secretive and reactionary oligarchic political system led to an extremely low level of literacy on the part of the common Spartiate. This article reassesses both ancient and modern constructions of Spartan illiteracy and examines the ideological (...) underpinnings of Athenian attacks on the ostensibly unlettered Lacedaemonians. Beginning with a close analysis of the available archaeological and literary evidence on Spartan public applications of literacy, it argues that the written word played a central role in the operation of the Spartan state, which utilized a variety of documents and required routine acts of literacy on the part of Spartiate commanders and ocials. Both the broad eligibility for the ephorate and the Lacedaemonians' chronic oliganthropia demonstrate that not all of the important public functionaries whose duties customarily involved reading and writing were members of the Spartan elite. The fact that Spartan office-holders acquired their literacy skills from a compulsory and comprehensive system of public education, which promoted the creation of a collective identity, further argues in favor of a literacy that was more broadly based than previous scholars have concluded. The article then accounts for these representations of Spartan illiteracy by locating them in the context of the changing relationship between orality and literacy in fifth- and fourth-century Athens. It argues that as the written word played an increasingly important role in Athenian democratic practice and ideology, it began to performtwo interconnected functions: as a signicant component in Athenian self-denition and as a key indicator of cultural and political dierence between Athens and its Peloponnesian enemies. (shrink)

The Dutch government has a double moral message for Dutch parents. On the one hand, they expect mothers to work more hours outside the home; on the other hand, they expect parents to perform better in their parental tasks. New research shows again that in spite of all stimulation measures, Dutch women with children prefer their part-time jobs, and parents prefer not to leave their children to the responsibility of day care all week. To what extent is the government allowed (...) to oblige mothers to work more hours a week if the consequence is that the responsibility for upbringing shifts from parents to day care centres? (shrink)

(2012). A Review of “The Quest for Citizenship: African American and Native American Education in Kansas”. Educational Studies: Vol. 48, No. 2, pp. 203-207.

A healthy, growing field such as the philosophy of biology deserves to have a variety of different points of entry for students, instructors, and non-specialist academics who want to learn about the field. Among the many new books that introduce this dynamic area of research, Garvey's Philosophy of Biology may provide the most compact and accessible survey of the field. After explaining Darwin's theory of evolution, he offers four chapters about contemporary issues in evolutionary theory. The middle chapters concern (...) key concepts in biology: innateness, function, and species. The final four chapters examine how evolutionary biology might influence our perspectives on epistemology, ethics, religion, and human nature.Acquaintances occasionally ask me to recommend a book that introduces the field in layman's terms. Until recently, I didn't have a good answer. The standard textbooks by Sober and Sterelny & Griffiths are good for classroom use but are too demanding for casual reading. Thus, I was intrigued when the jacket blurb described Garvey's book as ‘suitable …. (shrink)