My title is taken from the frontispiece to Ogilby's translation of Aesop ; since every Renaissance poet believed the statement to be true, let me start with my own example. John Denham's only play, The Sophy, published in August 1642, is a tale about the perils of jealousy. The good prince Mirza, after a miraculous victory over the Turks, returns in glory to his father's court, but leaves it shortly thereafter. In his absense, Haly, the evil courtier, follows (...) a friend's advice to " work on [the king's] fears, till fear hath made him cruel"1 and poisons the king's mind with jealousy against his son. Mirza returns only to be brutally blinded and killed, and the emperor soon dies stricken with remorse. Now it happens that Parliament justified all its actions in the months preceding the civil war on the grounds of the "fears and jealousies" that the king had inspired. Charles was incensed by the slogan and claimed angrily that he, if anyone, had the most cause for fears and jealousies.2 Denham obviously decided that here was the all-consuming topic around which a predominantly royalist drama could be written. He followed what I believe was the standard practice - the method that Fulke Greville said Sidney used and that Congreve repeated at the end of the century when he declared of The Double Dealer that "I design'd the Moral first, and to that Moral I invented the Fable."3 He found a plot in Thomas Herbert's Travels into Diverse Parts of Asia that recorded some terrible cruelties and catastrophes caused by jealousy, and he added the point that the emperor's mind had been wrought upon by his counselor. There is no evidence that the play was ever acted, but the most casual reader would have said to himself, "Yes, history reminds us that states destroy themselves through fears and jealousies, and we should abate our own before it is too late." · 1. Sir John Denham, The Poetical Works, ed. Theodore Howard Banks, 2d ed. , p.245. The references to fear and jealousy are so ubiquitous in the play that they need not be listed here.· 2. On March 1, 1642, in the angriest of his replies to Parliament so far, Charles exclaimed, "You speake of Jealousies and Feares: Lay your hands to your hearts, and aske your selves whether I may not likewise be disturbed with Feares and Jealousies: And if so, I assure you this Message hath nothing lessened them" . Although phrases like "distempers and jealousies" had been used earlier, Clarendon on two occasions is quite specific that "fears and jealousies" were "the new words which served to justify all indispositions and to excuse all disorders" in January 1642 . Taken with other evidence, Clarendon's remarks strongly suggest that The Sophy was written after Coopers Hill, and during seven months preceding its publication in August 1642.· 3. William Congreve, The Complete Plays, ed. Herbert Davis , p. 119. And compare John Donne in Sermons, ed. Evelyn M. Simpson are George R. Potter , 9:274: "All wayes of teaching are Rule and Example: and though ordinarily the Rule be first placed, yet the Rule it selfe is made of Examples...for, Example in matter of Doctrine, is as Assimiliation in matter of Nourishment; The Example makes that that is proposed for our learning and farther instruction, like something which we knew before, as Assimilation makes that meat, which we have received and digested, like those parts which are in our bodies before."John M. Wallace, author of Destiny His Choice: The Loyalism of Andrew Marvell and articles on Milton, Dryden Denham, Traherne, and Arnold, is professor of English at the University of Chicago. (shrink)

The obligation of a court to follow the law of a superior court is commonly taken to be stronger than the obligation of the higher court to respect its own precedent. The Supreme Court has recently asserted this stronger obligation in the most forceful terms. What follows is an attempt to demonstrate that this is wrong as a matter of policy and as a matter of law.

Media, politicians, and the courts portray college campuses as divided over diversity and affirmative action. But what do students and faculty really think? This book uses a novel technique to elicit honest opinions from students and faculty and measure preferences for diversity in undergraduate admissions and faculty recruitment at seven major universities, breaking out attitudes by participants' race, ethnicity, gender, socio-economic status, and political partisanship. Scholarly excellence is a top priority everywhere, but the authors show that when students consider individual (...) candidates, they favor members of all traditionally underrepresented groups - by race, ethnicity, gender, and socio-economic background. Moreover, there is little evidence of polarization in the attitudes of different student groups. The book reveals that campus communities are less deeply divided than they are often portrayed to be; although affirmative action remains controversial in the abstract, there is broad support for prioritizing diversity in practice. (shrink)

This paper challenges the conventional wisdom concerning the impact of the Citizens United v. FEC decision by examining the flow of corporate money into the 2012 election. The decision, which is consistent with most prior case law and was not a radical departure, promoted the use of super PACs and 501-c committees for political money that were not widely used by corporations, and the super PACs and c-4 committees were largely ineffective in the 2012 election. They also did not produce (...) a marked advantage for the Republican Party, especially in the presidential election. The Citizens United decision did, however, lead to other legal and regulatory developments in an effort to promote greater disclosure, though those developments have not been successful. Investors have been somewhat more successful in promoting limits on corporate political spending through shareholder proposals. Some state laws and upcoming court cases maylimit other restrictions on political contributions. (shrink)

This paper explains and criticizes the definition of corruption used by the U.S. Supreme Court in its campaign finance decisions and proposes components of a new definition to be applied by the Court. The paper also offers a preliminary assessment of the impact of the Citizens United v. FEC decision of 2010, and suggests that much of the analysis to date has been inaccurate or superficial. Further, given the Court’s expansive analysis and application of the First Amendment (...) to corporate political activities in its latest decisions, the paper also suggests alternative checks on corporate political power related to shareholder activism and corporate governance. (shrink)

A New York court recently struck down state Office of Mental Health regulations governing research involving subjects with impaired decisionmaking capacity. The court held that neither incapacitated adults nor minors could participate in any research protocol that contained a nontherapeutic element, irrespective of possible benefits to the subject or the importance of the knowledge to be gained. Although the decision rested on a technical point of law and dealt only with psychiatric research, the court's holding has significantly (...) broader implications. (shrink)

The opinion of Mr. Justice Francis of the English High Court which denied the parents of Charlie Gard, who had been born with an extremely rare mutation of a genetic disease, the right to take their child to the United States for a proposed experimental treatment occasioned world wide attention including that of the Pope, President Trump, and the US Congress. The case raise anew a debate as old as the foundation of Western medicine on who should decide and (...) on what standard when there is a conflict between a family and the treating physicians over a possible treatment. This paper will explore the different approaches of the British and American courts on the issue and the various proposals from that of John Rawls in his A Theory of Justice to a processed-based approach for resolving such disputes. As carefully crafted as the opinion of Mr Justice Nicholas Francis in the Gard case proved to be, it left commentators unsatisfied. A widespread criticism, captured in an article by Michael Dougherty in The National Review was for the state to ‘get out of the way of the parents trying to act in the best interests of the child’.1 Although he conceded the parents could be adding to the suffering of the child by taking Charlie to America for an experimental therapy and agreed that such a choice ‘may be the wrong decision,’ in Dougherty’s view, it should still be ‘their decision’. Dougherty’s stand was the popular response to the question of ‘Who should decide?’ It fails, however, to propose any rationale for the decision. It provided no norms, no standards and no guidelines for the parents. Their motive could equally well be indifference to the suffering of the child as concern for his well-being. Furthermore, even good, loving parents may make …. (shrink)

Canada has followed the pattern of Benelux nations by legislating sufferingSuffering as the pivotal eligibilityEligibilitycriterionCriterion for euthanasiaEuthanasia/assisted death without requiring terminal prognosis as is needed in most permissive jurisdictions. This chapter will explore the relationship between sufferingSuffering and Medical Assistance in Dying (MAID) and the ways in which sufferingSuffering is understood in the Supreme Court of Canada, the federal Criminal Code legislation and by health care assessors. Based on this analysis, we will argue that the resulting sufferingSufferingeligibilityEligibilitycriterionCriterion leaves the (...) law open to unintended forms of interpretation, thus instituting perhaps the most unbounded and risk-prone form of assisted death in the world. A review of the literature on sufferingSuffering, the wish to dieWish to die, and reasons for MAIDReasons for MAID requests found sufferingSuffering of severe illness to be frequently associated with unstable mental health, social, and existentialExistential variables that are often amenable to therapy or remediation. While sufferingSuffering remains a powerful motivating force to seek opportunities to relieve distress, its use as an eligibilityEligibilitycriterionCriterion for MAID has significant ambiguity in its’ characterization of ‘enduring’ and ‘irremediable’ and thus fails to protect against abuse for the vulnerable. (shrink)

This paper describes one way in which a precise reason model of precedent could be developed, based on the general idea that courts are constrained to reach a decision that is consistent with the assessment of the balance of reasons made in relevant earlier decisions. The account provided here has the additional advantage of showing how this reason model can be reconciled with the traditional idea that precedential constraint involves rules, as long as these rules are taken to be defeasible. (...) The account presented is firmly based on a body of work that has emerged in AI and Law. This work is discussed, and there is a particular discussion of approaches based on theory construction, and how that work relates to the model described in this paper. (shrink)

Hospital ethics committees have become widespread over the last 25 years, stimulated by the Quinlan decision of the New Jersey Supreme Court, the report of a President's Commission, and most recently by the Joint Commission on Accreditation of Health Care Organizations , which now man dates that each hospital seeking accreditation have a functioning process for the consideration of ethical issues in patient care. Laws and regulations in several states require that hospitals establish ethics committees, and some states stipulate (...) that certain types of cases and disputes be taken to such committees. At least one state grants legal immunity to those who implement recommendations of an ethics committee. (shrink)

ArgumentIn the United States, scientific knowledge is brought before the courts by way of testimony – the testimony of scientific experts. We argue that this expertise is best understoodfirstas related to the quality of the underlying scienceand thenin terms of who delivers it. Bloodstain pattern analysis (BPA), a contemporary forensic science, serves as the vaulting point for our exploration of objectivity as a metric for the quality of a science in judicial contexts. We argue that BPA fails to meet the (...) minimal standard set by Helen Longino’s social-procedural account of objectivity (1990, 2002). In light of some pressing issues for social-procedural accounts, we offer an infrastructural account of objectivity. This account offers what amounts to a friendly amendment to Longino’s account and adds to the ways in which we might analyze social-procedural objectivity. Finally, we address an issue that is pressing in the legal context: given that scientific knowledge is delivered by individuals, not communities, at least in U.S. courts, we (may) need a way to evaluate individual scientific and epistemic agents. We suggest a means for making this evaluation that is derived from our infrastructural account of objectivity. (shrink)

Over 40 years of research have shown that traumatic brain injury affects brain volume. However, technical and practical limitations made it difficult to detect brain volume abnormalities in patients suffering from chronic effects of mild or moderate traumatic brain injury. This situation improved in 2006 with the FDA clearance of NeuroQuant®, a commercially available, computer-automated software program for measuring MRI brain volume in human subjects. More recent strides were made with the introduction of NeuroGage®, commercially available software that is based (...) on NeuroQuant® and extends its utility in several ways. Studies using these and similar methods have found that most patients with chronic mild or moderate traumatic brain injury have brain volume abnormalities, and several of these studies found—surprisingly—more abnormal enlargement than atrophy. More generally, 102 peer-reviewed studies have supported the reliability and validity of NeuroQuant® and NeuroGage®. Furthermore, this updated version of a previous review addresses whether NeuroQuant® and NeuroGage® meet the Daubert standard for admissibility in court. It concludes that NeuroQuant® and NeuroGage® meet the Daubert standard based on their reliability, validity, and objectivity. Due to the improvements in technology over the years, these brain volumetric techniques are practical and readily available for clinical or forensic use, and thus they are important tools for detecting signs of brain injury. (shrink)

This paper examines and critiques the ethical issues in postmortem sperm retrieval and the use of postmortem sperm to create new life. The article was occasioned by the recent request of the parents of a West Point cadet who died in a skiing accident at the Academy to retrieve and use his sperm to honor his memory and perpetuate the family name. The request occasioned national media attention. A trial court judge in New York in a two-page order authorized (...) both the retrieval and use of the postmortem sperm. (shrink)

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. We reject arbitrary distinctions that deny adequate protections to other animals who share with protected humans relevantly similar vulnerabilities to harms and relevantly similar interests in avoiding such harms. We strongly urge this Court, in keeping with the best philosophical standards of rational judgment and ethical standards of justice, to recognize that, as a nonhuman person, Happy should (...) be released from her current confinement and transferred to an appropriate elephant sanctuary, pursuant to habeas corpus. (shrink)

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with Happy’s (...) personhood. (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)

Laboratory ethnographies have provided valuable insights in the workings of contemporary science and technology and about facts in the making. Nearly all these ethnographic studies have been conducted at nonprofit research institutes. In this article, the authors argue that it is time for science and technology studies (STS) ethnography to direct its gaze toward for-profit knowledge production sites. The authors do so, based on a long-standing recognition that nonprofit academic laboratories do not have a monopoly on knowledge construction. First, they (...) historicize STS’ focus on public knowledge production, distinguishing between two roles for STS. Second, they argue that relationships between industry and society have changed, resulting in increasing corporate transparency. Third, they argue that this change enables STS ethnography to enter corporations and corporate laboratories. The authors conclude by proposing a research agenda for the social study of corporate science. (shrink)

Ever since Darwin, scholars have noted that cultural entities such as languages, laws and theories seem to evolve through variation, selection and replication. These essays consider whether this comparison is just a metaphor.

From a national U.S. sample of senior academic biochemists, ninety-four indicated that they personally knew of an incident of scientific wrongdoing. Among these individuals, less formal actions against an offending individual were endorsed when either actions were believed to have the potential to publicly embarrass the offending individual, or the actions might adversely affect the professional career of the whistleblower. These relationships remain significant after controlling for professional status, career age, and current level of formal departmental administrative responsibility. Study limitations (...) and implications are discussed. (shrink)

John Rawls has held up as a model of public reason the U.S. Supreme Court. I argue that the Dobbs Court is justifiably criticized for failing to respect public reason. First, the entire opinion is governed by an originalist ideological logic almost entirely incongruent with public reason in a liberal, pluralistic, democratic society. Second, Alito’s emphasis on “ordered liberty” seems completely at odds with the “disordered liberty” regarding abortion already evident among the states. Third, describing the embryo/fetus (...) from conception until birth as an “unborn human being” begs the question of the legal status of the embryo/fetus, as if an obiter dictum settled the matter. Fourth, Alito accuses the Roe court of failing to exercise judicial restraint, although Alito argued to overturn Roe in its entirety. In brief, the Dobbs opinion is an illiberal, disingenuous, ideological swamp that swallows up public reason and the reproductive rights of women. (shrink)

First Published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

In J.E.M. AG Supply, Inc. v. Pioneer Hi-Bred International, Inc., the U.S. Supreme Court held that utility patents may be issued for newly developed, sexually reproduced plants and plant seeds. Specifically, the Court denied the petitioner's contention that the exclusive means of protecting sexually reproduced plants and plant seeds are found in the Plant Patent Act of 1930 and the Plant Variety Protection Act. The Court instead affirmed the decisions of the District Courts and the Federal Circuit (...) and held that 35 U.S.C. § 101 also allows for the patenting of living organisms.The respondent, Pioneer Hi-Bred, a large seed producer, filed suit for patent infringement on the part of the petitioner, J.E.M. AG Supply, doing business as Farm Advantage, Inc., for reselling bags of respondent's patented hybrid seeds. Pioneer is a major producer and manufacturer of hybrid seeds. (shrink)

Books reviewed in this article: The Bible and Postmodern Imagination: Texts Under Negotiation. By Walter Brueggemann. In the Throe of Wonder: Intimations of the Sacred in a Post‐Modern World. By Jerome A. Miller. Interpreting Hebrew Poetry. By David L. Petersen and Kent Harold Richards. Exegetical Dictionary of the New Testament, Volume I: Aαρωυ‐Eυωχ. Edited by Horst Balz and Gerhard Schneiders. The Secretary in the Letters of Paul. By E. Randolph Richards. Revelation. By Wilfrid J. Harrington. Conversion to Christianity: Historical and (...) Anthropological Perspectives on a Great Transformation. Edited by Robert W. Hefner. The Metaphor of God Incarnate. By John Hick. Disputed Questions in Theology and the Philosophy of Religion. By John Hick. The Nature of God. By Gerard J. Hughes. The Animals Issue: Moral Theoy in Practice. By Peter Carruthers. Philosophy and Theology in the Middle Ages. By G. R. Evans. Modalities in Medieval Philosophy. By Simo Knuuttila. Da Descarres a Spinoza: Percorsi della teologia razionale nel seicento. By Maria Emanuela Scribano. Tra Descartes e Bayle: Poiret e la teodicea. By Gianluca Mori. Kierkegaard and the Limits of the Ethical. By Anthony Rudd. Kierkegaard on Art and Communication. Edited by George Pattison. Collected Works of Bernard Lonergan Volume 10: Topics in Education. Edited by Robert M. Doran and Frederick E. Crowe. A Theology of Reconstruction: Nation‐building and Human Rights. By Charles Villa‐Vicencio. Religious Methods and Resources in Bioethics. Edited by Paul F. Camenisch. Theological Developments in Bioethics. Edited by Andrew Lustig et al. Marriage in the Western Church: The Christianization of Marriage During the Patristic and Early Medieval Periods. By Philip L. Reynolds. Marriage in the Early Church. Translated and edited by David G. Hunter. The Clash of Gods: A Reinterpretation of Early Christian Art. By Thomas F. Mathews. A History of Religion in Britain: Practice and Belief from Pre‐Roman Times to the Present. Edited by Sheridan Gilley and W. J. Sheik. The Conversion of Henri IV: Politics, Power and Religious Belief in Early Modern France. By Michael Wolfe. English Polemics at the Spanish Court: Joseph Creswell's ‘Letter to the Ambassador from England’, The English and the Spanish Texts of 1606. Edited by Albert J. Loomie. (shrink)

In their trenchant panoramic overview – ranging from antiquity to the present-day – John and Anna Rist write with authority and ennui about nothing less than the loss of the foundational culture of the West. The authors characterize this culture as the 'original tradition', viewing its erosion as one which has led to anxiety about the entire value of Western thought. The causes of the disintegration are discussed with an intensity rare in academe. Critics of modernity ordinarily concentrate on (...) the Enlightenment and the book certainly offers deep analysis of Enlightenment thought. But it goes further. Thus the cruelty of modern totalitarianism is now depicted as in the spirit of the French Revolution and its implacable hostility to a vanished primordial heritage, while scientism, bureaucracy and consumerism appear as the only rivals to a threatening nihilism. The book argues that Western thought has created a set of conflicting moral and spiritual customs: to the detriment of coherence, in individual minds as in society and culture. (shrink)

This paper assesses Michael Brady’s claim that the ‘capture and consumption of attention’ in an emotion facilitates evaluative understanding. It argues that emotional attention is epistemically deleterious on its own, even though it can be beneficial in conjunction with the right epistemic skills and motivations. The paper considers Sartre’s and Solomon’s claim that emotions have purposes, respectively, to circumvent difficulty or maximize self-esteem. While this appeal to purposes is problematic, it suggests a promising alternative conception of how emotions can be (...) teleological. The fact that emotional attention manifests dispositions, which have been habituated by repeated association with pleasure or relief, explains how the emotion can acquire the function of producing pleasure or relief. Hence, the emotion can have ‘non-cognitive function,’ in which its patterns of attention reliably produce beliefs that disregard or distort the truth. Not only is non-cognitive function the default condition of emotion prior to any training, but even those who have successfully trained their emotions often revert back to non-cognitive function when faced with trauma or stress. (shrink)

In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.

One of the chief arguments against a constitutional Bill of Rights is that it gives judges too much power. The courts interpret the constitution, and from the highest court there is no appeal (though the Constitution can be amended -- a difficult process). As Americans sometimes say, "The US Constitution is whatever the Supreme Court says it is". In many cases the Supreme Court has interpreted the Bill of Rights by means of wire drawn reasoning, reflecting the (...) judges' political and social views. For a survey of Supreme Court Cases on the Bill of Rights see M. Konvitz, Fundamental Liberties of a Free People . The Supreme Court's power to interpret the constitution has made the appointment of judges a political issue, and in 1937 President Roosevelt sought to appoint additional judges (to "pack" the Court) so as to change the court's attitude (the US Constitution does not fix the number of judges). A President is expected to nominate judges ideologically acceptable to his supporters, and the Congress scrutinises these nominations in a partisan way. See article on George W. Bush's nominations. Since judges hold office for life, a President's nominations may make a long term difference to the interpretation of the constitution. (shrink)

Epistemic Indirect Realism is the position that justification for contingent propositions about the extra-mental world requires an inference based on a subjective, experiential mental state. One objection against EIR is that it runs contrary to common sense and practice; in essence, ordinary people do not form beliefs about things in the external world on the basis of experiential mental states. This objection implies EIR is contrary to ordinary experience, impractical, and leads to scepticism. In this paper, I will defend EIR (...) against this objection by distinguishing EIR based on conceptual awareness and non-conceptual awareness. In particular, I will argue that direct acquaintance provides sufficient awareness that can explain how ordinary folks are capable of forming justified beliefs about the external world in a way consistent with EIR. Overall, I present a framework for showing that EIR can satisfy ordinary epistemic practices without betraying human nature or over-intellectualizing the required epistemic standards for possessing a justified belief. (shrink)

Rolls discusses various adaptive explanations of physiological processes and the emotions. We give a critical analysis of some of these from the perspective of behavioural ecology. While agreeing with the approach adopted by Rolls, we identify topics that could have been better presented by making use of the existing literature.

Hasian, Condit, and Lucaites argue that there is "a need for investigating and implementing procedures that would democratize the legal system"i and that the boundaries of the law provide a fruitful site for such investigation. I would argue that one particularly relevant site to recover such procedures is American Indian law. American Indian treaties, although more so in terms of their negotiation rather than their final form, are hybrid documents, combining elements from both indigenous and Western law. Because treaties exist (...) at the boundaries between two systems of law, they are positioned not only to illuminate differences in practice but also to shed light on the balance of power between Indian nations and the U.S. government. Evidence of law's boundaries can be found, for example, in the adherence to, or abandonment of, indigenous practices of law over time. The journals of the proceedings in particular, which recorded the negotiation of the treaties, also documented cultural understandings of power, leadership, human relations, and attitudes toward the land. So if ever there were an opportunity to investigate and implement procedures leading to a more democratized legal system, this would be one. ;Traditional American Indian communication practices were not, and still are not, empty rituals or colorful customs of an exotic culture performed for the entertainment of outsiders. Neither are American Indian law practices the quaint customs of a long-gone past but living traditions still practiced today. I document this continuity in practice by investigating two sites: first, the historical journal of the proceedings from the 1825 Treaty of Prairie du Chien, and then in the contemporary rhetoric of their descendents, Anishinaabe environmental activists. Rhetorical analyses of these texts reveal not only American Indian concepts of law, peace, and kinship but also an environmental ethic, all based upon a rhetoric of responsibility rather than rights. ;Treaties may always be the primary written documents scrutinized in the courts when treaty rights are being asserted or challenged, but if we were serious about democratizing our legal system, then we would do well to implement many of the traditional communication practices rooted in our indigenous heritage. ;iMarouf Hasian, Jr., Celeste Michelle Condit, and John Louis Lucaites, "The Rhetorical Boundaries of 'the Law': A Consideration of the Rhetorical Culture of Legal Practice and the Case of the 'Separate But Equal' Doctrine," Quarterly Journal of Speech 82 , 339. (shrink)

Recent interest among both philosophers and the wider public in the tradition of virtue ethics often takes its inspiration from Aristotle or from Thomas Aquinas. In this essay I briefly outline the ethical approaches of these two towering figures, and then describe more fully the virtue ethics of Meister Eckhart, a medieval thinker who admired, though critically, both Aristotle and Aquinas. His related but distinctively original approach to the virtuous life is marked by a striking and seemingly paradoxical injunction to (...) “live without why.”. (shrink)