Congress implemented the Medicaid Act in 1965, acting pursuant to its Spending Clause authority to “provide for the…general Welfare.” Over time, the Act has been amended more than 50 times. Most recently, as part of the Patient Protection and Affordable Care Act, Congress required participating states to extend Medicaid eligibility to childless, non-disabled, and non-elderly adults with incomes below roughly 133% of the federal poverty level.Within hours of President Obama signing the ACA into law, four lawsuits were filed challenging the (...) con-stitutionality of the ACA, including a case in Florida that eventually made its way to the Supreme Court as National Federal of Independent Business v. Sebelius. As part of this case, officials from 26 states argued that Congress was improperly coercing them into participating in the Medicaid expansion. (shrink)

The Medicaid Early and Periodic Screening, Diagnostic and Treatment benefit offers health care coverage specifically targeted to meet the needs to low-income children and children with disabilities. This article provides a brief overview of EPSDT and then discusses how states are working to bring vision, hearing, and oral health services to children through EPSDT.

Charlotte Perkins Gilman and John Dewey were both pragmatists who recognized the need to restructure the environment to bring about social progress. Gilman was even more of a pragmatist than Dewey, however, because she addressed problems he did not identify-much less confront. Her philosophy is in accord with the spirit of Dewey's work but in important ways, it is more consistent, more comprehensive and more radical than his instrumentalism.

Examines the theories of Plato, Rousseau, Mary Wollstonecraft, Catherine Beecher, and Charlotte Perkins Gilman concerning the education of women.

In this paper I argue that there is a class of attitudes that have questions (rather than propositions or something else) as contents.

A partir del análisis de dos publicaciones de Jane Addams sobre el empleo doméstico (como una “industria atrasada” que requiere “ajuste”), en este artículo abordamos la producción teórica de científicas sociales de finales del XIX y principios del XX sobre las relaciones laborales desde una perspectiva de género y, en particular, sobre el “problema de las sirvientas.” A través de ello, exponemos la particular filosofía y epistemología de Addams y su defensa de una “ética social” por encima del “imperativo (...) familiar.” Las tesis de Addams son comparadas con las de otras teóricas sociales de la época que introdujeron “lo político, lo económico y lo social” en el hogar: las contribuciones de Jessie Taft desde el interaccionismo simbólico sobre la necesaria conciencia social de las mujeres como motor de cambio ante el conflicto subjetivo entre aspiraciones y oportunidades; los análisis sexo-económicos de Charlotte Perkins Gilman o las condiciones de la “democracia en el hogar” de Lucy Salmon. Terminamos con el cuerpo de conocimiento generado a finales del XIX sobre la “cuestión del servicio doméstico,” particularmente a partir del texto clásico de referencia, Domestic service de Salmon (1897), e investigaciones posteriores sobre las empleadas domésticas negras. Concluimos, con ello, con las limitaciones del “punto de vista feminista” cuando no estaba atravesado por la conciencia de clase y de opresión racial. (shrink)

By tracing its own narrative from the feminist pragmatism of the 1980s-2000s back to the avant-la-lettre feminist pragmatism of the Progressive Era, this chapter explores the use of narrative within feminist pragmatism. It pays particular attention to uses of narrative in Charlotte Perkins Gilman, Anna Julia Cooper and Jane Addams to reveal the usefulness of narrative as a feminist pragmatist mode of inquiry and of elucidating meaning. The chapter concludes with a brief suggestion of where feminist pragmatist narrative (...) may take us next. (shrink)

Ecology – unlike astronomy, physics, or chemistry – is a science with an associated political and ethical movement: the Green Movement. As a result, the ecological position is often accompanied by appeals to holism, and by a mystical quasi-religious conception of the ecosystem. In this title, first published in 1988, Andrew Brennan argues that we can reduce much of the mysticism surrounding ecological discussions by placing them within a larger context, and illustrating that our individual interests are bound with larger, (...) community interests. Using an interdisciplinary approach, which bridges the gap between the sciences, philosophy, and ethics, this is an accessible title, which will be of particular value to students with an interest in the philosophy of environmental science and ethics. (shrink)

Unlike many of the major figures in Western philosophy, Kierkegaard explores many issues of interest to feminist theorists today. Moreover, he does so in a style—labyrinthine, many-voiced, multilayered, adverse to authority—that adumbrates _écriture féminine_. A major question probed in the volume is whether Kierkegaard's writings are misogynist, ambivalent, or essentialist in their views of women and the feminine or whether, in some important and vital ways, they are liberatory and empowering for feminists and women trying to free themselves from the (...) maze of patriarchal constructs. The essays also show how the three existence-spheres—aesthetic, ethical, and religious—articulated in Kierkegaard's authorship inscribe different modalities of the sexual relation: seduction for the aesthetic, marriage for the ethical, and absence from commerce with the other sex for the religious. Contributors are Sylviane Agacinski, Wanda Warren Berry, Birgit Bertung, Jane Duran, Leslie A. Howe, Céline Léon, Tamsin Lorraine, Robert L. Perkins, Mark L. Taylor, Sylvia Walsh, and Julia Watkin. (shrink)

To consciously bolster behaviour that is disapproved by others (i.e., stigmatised behaviour) people may hold and report a favourable attitude toward the behaviour. However, achieving such bolstering outside awareness may be more difficult. Explicit attitudes were measured with self-report measures, and the Implicit Association Test was used to assess implicit attitudes toward behaviour held by stigmatised actors (smokers) and nonstigmatised actors (vegetarians and omnivores). Smokers' showed greater attitude-behaviour consistency in their explicit attitudes toward smoking that in their implicit attitudes. By (...) contrast, vegetarians and omnivores showed attitude-behaviour-consistency at both implicit and explicit levels. Smokers' implicit negative attitudes toward smoking may reflect its status as a stigmatised behaviour, or its addictive nature. (shrink)

Introduction -- Defining pluralism : Simon Pokagon, Ida B. Wells-Barnett, and Thomas fortune -- Evolution and American Indian philosophy -- Feminist resistance : Anna Julia Cooper, Jane Addams, and Charlotte Perkins Gilman -- Labor, empire and the social gospel : Washington Gladden, Walter Rauschenbusch, and Jane Addams -- A new name for an old way of thinking : William James -- Making ideas clear : Charles Sanders Peirce -- The beloved community and its discontents : Josiah Royce (...) and the realists -- War, anarchism, and sex : Emma Goldman and Margaret Sanger -- Democracy and social ethics : John Dewey -- Naturalism and idealism, fear, and conventionality : Mary Whiton Calkins and Elsie Clews Parsons -- Race riots and the color line : W. E. B. du Bois -- Philosophy reacts : Hartley Burr Alexander and Morris R. Cohen -- Creative experience : Mary Parker Follett -- Cultural pluralism : Horace Kallen and Alain Locke -- War and the rise of logical positivism : Otto Neurath and Rudolf Carnap -- Mccarthyism and American empiricism : Jacob Loewenberg, Henry Sheffer, C. I. Lewis, and Charles Morris -- The linguistic turn : Gustav Bergmann, May Brodbeck, and W. V. O. Quine -- Resisting the turn : Donald Davidson, Wilfrid Sellars, and the pluralist rebellion -- Philosophy outside : John Muir, Aldo Leopold, Joseph Wood Krutch, and Rachel Carson -- Economics and technology : Lewis Mumford, C. Wright Mills and John Kenneth Galbraith -- Politics : John Rawls, Robert Nozick, Michael Sandel, Martha Nussbaum, and Noam Chomsky -- Civil rights : Martin Luther King, Jr., Richard Wright and James Baldwin -- Black power : Malcolm X, James Cone, Audre Lorde, Bell Hooks, Angela Davis, and Cornel West -- Latin American American philosophy -- Red power, indigenous philosophy : Vine Deloria, Jr. and contemporary American Indian thought -- Feminism -- Engaged philosophy and the environment -- American philosophy today -- Recovering and sustaining the American tradition -- American philosophy revitalized -- The spirit of American philosophy in the new century. (shrink)

This essay enacts a particular instance of the challenge post-structuralism poses to the study of history. In simpler, language, it concerns the difference that point of view makes when people are giving account of events, whether at first or second hand. The problem is that if all accounts of events are determined through and through by the observer’s frame of reference, then one will never know, in any given case, what really happened.I encountered this problem in concrete terms while preparing (...) to teach a course in colonial American literature. I’d set out to learn what I could about the Puritans’ relations with American Indians. All I wanted was a general idea of what had happened between the English settlers and the natives in seventeenth-century New England; post-structuralism and its dilemmas were the furthest things from my mind. I began, more or less automatically, with Perry Miller, who hardly mentions the Indians at all, then proceeded to the work of historians who had dealt exclusively with the European-Indian encounter. At first, it was a question of deciding which of these authors to believe, for it quickly became apparent that there was no unanimity on the subject. As I read one, however, I discovered that the problem was more complicated than deciding whose version of events was correct. Some of the conflicting accounts were not simply contradictory, they were completely incommensurable, in that their assumptions about what counted as a valid approach to the subject, and what the subject itself was, diverged in fundamental ways. Faced with an array of mutually irreconcilable points of view, points of view which determined what was being discussed as well as the terms of the discussion, I decided to turn to primary sources for clarification, only to discover that the primary sources reproduced the problem all over again. I found myself, in other words, in an epistemological quandary, not only unable to decide among conflicting versions of events but also unable to believe that any such decision could, in principle, be made. It was a moral quandary as well. Knowledge of what really happened when the Europeans and the Indians first met seemed particularly important, since the result of that encounter was virtual genocide. This was the kind of past “mistake” which, presumably, we studied history in order to avoid repeating. If studying history couldn’t put us in touch with actual events and their causes, then what was to prevent such atrocities from happening again? Jane Tompkins is professor of English at Duke University. She is the author of Sensational Designs: The Cultural Work of American Fiction, 1790-1860 and editor of Reader-Response Criticism: From Formalism to Post-Structuralism . Her current work concerns the construction of male identity in American popular culture. (shrink)

That bad things happen to good people was as true in early China as it is today. Franklin Perkins uses this observation as the thread by which to trace the effort by Chinese thinkers of the Warring States Period, a time of great conflict and division, to seek reconciliation between humankind and the world. Perkins provides rich new readings of classical Chinese texts and reflects on their significance for Western philosophical discourse.

Why was Leibniz so fascinated by Chinese philosophy and culture? What specific forms did his interest take? How did his interest compare with the relative indifference of his philosophical contemporaries and near-contemporaries such as Spinoza and Locke? In this highly original book, Franklin Perkins examines Leibniz's voluminous writings on the subject and suggests that his interest was founded in his own philosophy: the nature of his metaphysical and theological views required him to take Chinese thought seriously. Leibniz was unusual (...) in holding enlightened views about the intellectual profitability of cultural exchange, and in a broad-ranging discussion Perkins charts these views, their historical context, and their social and philosophical ramifications. The result is an illuminating philosophical study which also raises wider questions about the perils and rewards of trying to understand and learn from a different culture. (shrink)

For more than two thousand years, the writings of the Confucian philosopher Mengzi have been a source of guidance and inspiration for those set on doing something to improve the state of the world. In Doing What You Really Want, Franklin Perkins presents a coherent, systematic, and accessible explanation of Mengzi's philosophy. He covers everything from the place of human beings in nature, to human psychology and philosophy of emotions, to the various ways in which we can deliberately change (...) and cultivate ourselves. Mengzi was concerned not just with theory but also effective action. Perkins thus includes a collection of practical advice and a Confucian analysis of politics oriented toward how individuals can make a difference in the world. These topics are integrated around Mengzi's philosophy as a way of life dedicated to changing the world, providing an alternative approach for understanding the contemporary relevance of Confucianism. Mengzi offers theoretical and practical resources valuable for anyone concerned with integrating efforts to improve the world with personal fulfillment and a sense of belonging. Rather than giving an overview, this is a focused work of philosophy that delves deeply into the most relevant themes of Mengzi's thought. The core philosophical system is drawn from Mengzi, but the book regularly incorporates other Confucian materials, making this volume a useful introduction to Confucian thought. (shrink)

O renascimento do pragmatismo foi acompanhado por uma série de filósofas feministas que se esforçaram para resgatar do esquecimento as pensadoras que fizeram parte do movimento pragmatista clássico do final do século XIX e primeira metade do século XX. O presente trabalho visa introduzir aos leitores de língua portuguesa esse trabalho a partir de uma breve exposição das pensadoras Jane Addams, Mary Parker Follet, Charlotte Perkins Gilman, Mary Whiton Calkins e Ella Flagg Young.

This volume of new essays is the first English-language anthology devoted to Chinese metaphysics. The essays explore the key themes of Chinese philosophy, from pre-Qin to modern times, starting with important concepts such as yin-yang and qi and taking the reader through the major periods in Chinese thought - from the Classical period, through Chinese Buddhism and Neo-Confucianism, into the twentieth-century philosophy of Xiong Shili. They explore the major traditions within Chinese philosophy, including Daoism and Mohism, and a broad range (...) of metaphysical topics, including monism, theories of individuation, and the relationship between reality and falsehood. The volume will be a valuable resource for upper-level students and scholars of metaphysics, Chinese philosophy, or comparative philosophy, and with its rich insights into the ethical, social and political dimensions of Chinese society, it will also interest students of Asian studies and Chinese intellectual history. (shrink)

The study of Chinese philosophy in the English-speaking world has largely focused on ethical and political theories. In comparison, Chinese metaphysics—here understood primarily as theories regarding the nature, components, and operating principles of reality—has been far less researched and recognized. In this essay, we examine various meanings of “metaphysics” as it has been used in denoting a branch of philosophy and make the case that metaphysics is an important part of Chinese philosophy. We argue for the need to study Chinese (...) metaphysics as a serious field of scholarship. We also present some most recent studies of Chinese metaphysics by leading scholars of Chinese philosophy who publish in the English-speaking world. This essay aims to show that not only that Chinese metaphysics is an appropriate and legitimate subject of scholarly research but it can also be a fruitful subfield of in the study in Chinese philosophy. (shrink)

This article examines the contribution that poetry written over the last fifty years might make to the established and burgeoning field of Medical Humanities. It takes poems by women about cancer and depression as a case study of how they can offer insight into the impact of these conditions on the sufferer. Collectively, the poems document and effect shifts in knowledge about, and the associated stigmas concerning, illnesses that carry secrecy and shame, specifically cancer and depression. Additionally, drawing on Virginia (...) Woolf’s remarkable essay “On Being Ill”, we see how the non-verbal features of poems, particularly metaphors and symbols, mark the space of what a patient cannot fully articulate. Accordingly, the poems discussed illuminate how literature can express human interiority but at the same time remind the reader – or health professional – that interiority can never be fully presented. Thus, poetry both contributes to and also checks the ways in which literature is appropriated by the biomedical sciences. The poets included are Eavan Boland, Julia Darling, U.A. Fanthorpe, Jackie Kay, Gwyneth Lewis, Carol Satyamurti and Jo Shapcott. Some poems specify a female subjectivity, some express agency as autonomous individuals, while others presume to speak of common human experience. (shrink)

Contents: LEGAL THEORY 1. Reflections on law in context / William Twining -- 2. Are omissions less culpable? / Tony Honore -- 3. Scandinavian legal realism in the law of contract / Jan Hellner -- 4. Statutes and contracts as founts of formal reasoning / Robert S. Summers -- 5. Conceptions of public policy / John Bell LEGAL HISTORY 6. Aftermath / Paul D. Carrington -- 7. The role of the judiciary: lessons from the end of empire / Robert Stevens (...) -- 8. The Origins of futures trading in the Liverpool Cotton Market COMMON LAW 9.payment undertakings / Roy Goode -- 10. Pre-contractual duties of disclosure / S.M. Waddams -- 11. Three problems with the new product liability / Jane Stapleton -- 12. Evaluating the goals of personal injury law: some empirical evidence / Donald Harris -- 13. Negligence and economic loss / John Dwyer -- 14. Libel and constitutional free speech / John Fleming -- 15. The basis of tortious liability / Peter Cane. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.4 (2003) 564-565 [Access article in PDF] Samuel J. Kerstein. Kant's Search for the Supreme Principle of Morality. New York: Cambridge University Press, 2002. Pp. xiv + 226. Cloth, $60.00. Summed up in a sentence, this book is both a critical examination of Kant's claim to have derived a supreme moral principle and a limited defense of Kant's project that appears to depart (...) significantly from Kant's own approach. Methodologically, a large portion of this book is devoted to analyzing various key concepts and claims about the nature of the categorical imperative in the Groundwork of the Metaphysics of Morals and the Critique of Practical Reason and testing them against "everyday" moral intuitions via numerous examples and counterexamples.Kerstein begins by distinguishing between the tasks of deduction and derivation of a supreme moral principle, whereby a deduction is understood as an argument for the existence of a supreme moral principle, and a derivation simply assumes this conditionally and goes on to argue that a particular principle and no other can claim the title. Kerstein waives the discussion of whether Kant succeeds in giving a deduction and hence satisfactorily refutes moral skepticism. His focus in the book is on the derivation proposed primarily in Groundwork I and II that if there is a supreme moral principle, then it must be that law expressed in his formulations of the Categorical Imperative (hereafter "CI"). Kerstein addresses Bruce Aune's "traditional" reading of Kant's derivation, wherein the argument utterly fails because Kant allegedly infers a relatively substantive command ("Act only on that maxim which you can at the same time will to be universal law") from a purely formal, higher order, and hence relatively empty one ("Conform your actions to universal law"). He then devotes a chapter each to two recent, influential defenses of Kant's derivation that seek his argument outside the Groundwork. Kerstein addresses Henry Allison's attempt to rescue the derivation via an account of agency rooted in Kant's notion of transcendental freedom, elaborated in the second Critique. Kerstein rejects Allison's reconstruction on the grounds that it remains too abstract to generate the degree of specificity arrived at in Kant's Groundwork universalization formulation. Chapter Three examines Christine Korsgaard's alternative reconstruction of Kant's argument that focuses on the formulation of humanity ("Act so as to treat humanity, whether in your own person or that of any other, always as an end and never as a means only"). He rejects her interpretation because, again, the move from the abstract command to conform to universal law to the substantive formulation about humanity as a universally recognizable unconditional good fails. From the former, more abstract claim, he argues, it does not follow that there is a universally recognizable unconditional good, let alone that this good is humanity in itself (and not, say, utility [happiness], or even some intrinsic value unrelated to humanity, both of which Kant rejects as candidates for the unconditionally good).In his own reconstruction, Kerstein dissolves the criticism of the traditional reading of Kant's Groundwork derivation of the formula of universal law by simply denying that Kant [End Page 564] argues directly from the more generic principle to the specific versions of the CI (91ff). Instead he suggests that Kant's argument is less direct, made by way of laying out a set of criteria that any supreme principle must meet, and showing how the CI meets them while no other candidates can. In the second half of the book he takes a painstaking and critical look at a total of eight criteria, each of which Kant holds to be necessary and together are jointly sufficient for establishing the CI as "the supreme norm for the evaluation of the moral permissability and requiredness of an action, but not of its moral value" (165). This statement includes Kerstein's most controversial and interesting reconstructive claim, namely his denial that moral worth attaches only to actions done in accordance with duty as determined by the test... (shrink)

For well over a millennium, public institutions have sought to limit the spread of disease. This article claims that shared political narratives about collective solidarity and belonging expressed in ideas about citizenship shape and constrain public health interventions. While a Sanitarian medical paradigm fit the mid-nineteenth-century British citizenship regime better than one based on limiting contagion by quarantine, full implementation of the “sanitary idea” had to wait upon adjustments after 1870 in the predominantly liberal citizenship regime, and particularly in the (...) institutions of governance and ideas about the responsibility mix. (shrink)