Suppose we agree to reject the view that privacy has narrow scope and consequently is irrelevant to the constitutional privacy cases. We then have (at least) these two options: (1) We might further emphasize and draw out similarities between tort and constitutional privacy claims in order to develop a notion of privacy fundamental to informational and Fourth Amendment privacy concerns as well as the constitutional cases. We can cite examples indicating this is a promising position. Consider consenting homosexuality conducted in (...) one's home, for instance. We view it as a private matter, whether the state is seeking to regulate the behavior, or if others are attempting to gain or exploit information about it. I believe basic conceptual similarities between tort and constitutional interests can be identified by showing that there is a range of similar reasons for protecting both tort and constitutional privacy concerns. We might worry, however, that a comprehensive concept of privacy may be too general to be very useful, given that privacy violations can be so diverse, and can arise, for example, from misuse of confidential information, from conduct that is intrusive even if no information is gained or disclosed, from disturbance of an intimate relationship, or from disruption of various other important aspects of one's life.(2) We could concede that whatever “privacy” means in the tort and Fourth Amendment cases, it means something different in the constitutional cases. Nevertheless, we might take that “something else” seriously as a distinct but legitimate use of the term which is not “spurious” but is reflected in our ordinary language. This appears to me to be a fruitful alternative. After all, contrary to Henkin's view that tort privacy is “what most people mean by privacy,” the term is often used in contexts beyond informational privacy and clearly related to the interests at stake in the constitutional cases. Thus, for example, in a pamphlet explaining how to protect children by teaching them how to say “No!” to strangers without making them paranoid or antisocial, parents and teachers are told, Children have a right to privacy. Teach it. Reinforce it. One of the ways to help children prevent sexual assault is to encourage them to develop a sense of physical integrity. A sense that they have a right to their own body space and privacy. Just as we allow them to close the door when they use the bathroom, we must allow them to say no to any unwanted physical affection and touch. Flora Calao and Tamar Hosansky, “The Key to Having Fun is Being Safe: Teaching Personal Safety to Children,” The Safety and Fitness Exchange, 1123 Broadway, N.Y., N.Y. 10010. Unfortunately, the most obvious starting point for identifying the sense of private relevant to the constitutional cases is extremely worrisome. The Court itself has said ... only personal rights that can be deemed “fundamental”...are included in this guarantee of personal privacy...the right has some extension to activities relating to marriage...procreation...contraception...family relationships... and child rearing and education.Roe v. Wade, 410 U.S. 113 (1973).The difficulty, of course, is that little more is offered by way of explanation of which rights are “personal” or “fundamental” or both. Focusing on marriage makes Roe v. Wade difficult to understand given that Ms. Roe was unmarried, and attending only to family issues does not help us make sense of the Stanley case protecting one's right to view pornography in one's home. It is perhaps more problematic that decisions such as what color shoes to wear are reasonably viewed as personal, yet are far from fundamental enough to warrant protection. And regulations governing the draft and employment, for example, are not viewed as privacy invasions although they might be said to interfere with matters of one's life that are both fundamental and personal in the vague sense described.Before we give up in frustration, however, I would urge that we recall that even in tort law the notion of privacy has been evolving through a constellation of judgments. Although there is no fixed way of using the term which we then proceed to analyze, the concept of privacy has not in those cases been taken to be meaningless or empty. Similarly, there is reason to believe that the scope of a “personal and fundamental” notion of privacy relevant to the constitutional cases can be further delineated through a consideration of cases, especially since it seems to me that in many cases application of the term is clear and unproblematic. A decision to have a vasectomy, for example, can uncontroversially be said to be a personal and fundamental one, and it is in that sense private. We fail to acknowledge the personal significance in an individual's life of forcing or refusing him the operation if we deny that this important sense of privacy is relevant to such a decision merely because an interest in determining for oneself what one ought to do is also at risk.Of course, once it is settled that something is a private matter, it is a separate issue to decide whether or not, in some social context, an invasion of it can be justified. Thus, I would claim, a mandatory sterilization program for male recidivists or for those in a country suffering grave poverty and overpopulation does invade privacy, and the social or legal question is whether or not the invasion can, in the particular circumstances, be justified. Although all will agree that both individual and social interests must be balanced by moral philosophers as well as the courts, in conflicts we will not always agree on the weight to be accorded individual claims.I have not provided a constitutional defense for citing privacy as one right at stake in the constitutional privacy cases. Nor have I attempted to enter the debate about how strictly to interpret the Constitution. But if I am correct, then we can agree there is an important interest in privacy at issue in those cases without merely conflating privacy and autonomy or liberty, and can continue the process of marking out its boundaries. If we reach such agreement, we will have made considerable progress. Moreover, the implications of this view are significant. Current constitutional standards, controversial though they may be, require “strict scrutiny” for cases concerning “fundamental values,” and privacy has been judged to be one such value. Thus these privacy claims have a greater chance of being protected when they conflict with other rights or general interests than they would have if only liberty, or freedom from governmental interference, were involved. (shrink)

During the last years, there has been an increasing discussion on the role of business in human rights violations and an increase in human rights litigation against companies. The result of human rights litigation has been rather disillusioning because no corporation has been found guilty and most cases have been dismissed. We argue that it may nevertheless be a useful instrument for the advancement of the business and human rights agenda. We examine the determinants of successful human rights litigation in (...) terms of judicial, educational, and regulatory effects. This article reviews more than 40 corporate foreign direct liability cases and their effects on corporate human rights policies and conduct. The review shows that most corporations adjusted their human rights policies and adopted additional measures to cope with human rights issues during or shortly after the legal proceedings. Opening legal channels for human rights litigation may be one way for governments to incentivize firms to respect human rights. These findings have implications for the United Nations Guiding Principles on Business and Human Rights as well as on our interpretation of the most recent U.S. Supreme Court decision in Kiobel v. Shell. (shrink)

The history of the continuous inclusion of mathematics in liberal education in the West, from ancient times through the modern period, is sketched in the first two sections of this chapter. Next, the heart of this essay (Sects. 3, 4, 5, 6, and 7) delineates the central role mathematics has played throughout the history of Western civilization: not just a tool for science and technology, mathematics continually illuminates, interacts with, and sometimes challenges fields like art, music, literature, and philosophy – (...) subjects now universally considered to be liberal arts. Section 8 adds an international perspective to the contemporary liberal arts story by describing some instructive mathematical achievements from many cultures and societies. Finally, Sect. 9 addresses how contemporary mathematics teaching can use the history of mathematics viewed as a liberal art to enhance the appreciation and understanding of mathematics for all students. (shrink)

The health of a nation tells much about the nature of a social contract between citizen and state. The way that health care is organised, and the degree to which it is equitably accessible, constitutes a manifestation of the effects of moments and events in that country's history. Research around health inequalities often focuses on demonstrating current conditions, with little attention paid to how the conditions of inequality have been achieved and sustained. This article presents a novel approach to inequalities (...) research that focuses on examining powerful historical discourses as legitimising processes that serve to sustain unequal conditions. The use of this Foucauldian historical genealogical approach in a study of the Irish health care system is explored and proposed as a novel approach to the research of health inequities. (shrink)

This collection for a course in Social Thought and the Critique of Power includes selections from Sandra Bartkey, Wendy Brown, Judith Butler, Luc Boltanski, Eve Chiapello, Juergin Habermas, Margaret Kohn, Saskia Sassen, Margit Mayer, David Ciavatta, Michael Hardt, Antonio Negri, and Jeremy Waldron. Selections include material on the city, neoliberalism, computer-mediated life, precarity, cosmopolitanism, and gender. This packet may still be available as a print-on-demand title at the Ryerson University Bookstore.

BackgroundThere is increasing need for peer reviewers as the scientific literature grows. Formal education in biostatistics and research methodology during residency training is lacking. In this pilot study, we addressed these issues by evaluating a novel method of teaching residents about biostatistics and research methodology using peer review of standardized manuscripts. We hypothesized that mentored peer review would improve resident knowledge and perception of these concepts more than non-mentored peer review, while improving review quality.MethodsA partially blinded, randomized, controlled multi-center study (...) was performed. Seventy-eight neurology residents from nine US neurology programs were randomized to receive mentoring from a local faculty member or not. Within a year, residents reviewed a baseline manuscript and four subsequent manuscripts, all with introduced errors designed to teach fundamental review concepts. In the mentored group, mentors discussed completed reviews with residents. Primary outcome measure was change in knowledge score between pre- and post-tests, measuring epidemiology and biostatistics knowledge. Secondary outcome measures included level of confidence in the use and interpretation of statistical concepts before and after intervention, and RQI score for baseline and final manuscripts.ResultsSixty-four residents (82%) completed initial review with gradual decline in completion on subsequent reviews. Change in primary outcome, the difference between pre- and post-test knowledge scores, did not differ between mentored (−8.5%) and non-mentored (−13.9%) residents (p = 0.48). Significant differences in secondary outcomes (using 5-point Likert scale, 5 = strongly agree) included mentored residents reporting enhanced understanding of research methodology (3.69 vs 2.61; p = 0.001), understanding of manuscripts (3.73 vs 2.87; p = 0.006), and application of study results to clinical practice (3.65 vs 2.78; p = 0.005) compared to non-mentored residents. There was no difference between groups in level of interest in peer review (3.00 vs 3.09; p = 0.72) or the quality of manuscript review assessed by the Review Quality Instrument (RQI) (3.25 vs 3.06; p = 0.50).ConclusionsWe used mentored peer review of standardized manuscripts to teach biostatistics and research methodology and introduce the peer review process to residents. Though knowledge level did not change, mentored residents had enhanced perception in their abilities to understand research methodology and manuscripts and apply study results to clinical practice. (shrink)

A political philosophy classic from one of the foremost political thinkers of the twentieth century After Utopia was Judith Shklar’s first book, a harbinger of her renowned career in political philosophy. Throughout the many changes in political thought during the last half century, this important work has withstood the test of time. In After Utopia, Shklar explores the decline of political philosophy, from Enlightenment optimism to modern cultural despair, and she offers a critical, creative analysis of this downward trend. (...) She looks at Romantic and Christian social thought, and she shows that while the present political fatalism may be unavoidable, the prophets of despair have failed to explain the world they so dislike, leaving the possibility of a new and vigorous political philosophy. With a foreword by Samuel Moyn, examining After Utopia’s continued relevance, this current edition introduces a remarkable synthesis of ideas to a new generation of readers. (shrink)

In its comprehensive overview of Alain Locke's pragmatist philosophy this book captures the radical implications of Locke's approach within pragmatism, the critical temper embedded in Locke's works, the central role of power and empowerment of the oppressed and the concept of broad democracy Locke employed.

In this paper I use philosophical accounts on the relationship between trust and knowledge in science to apprehend this relationship on the Web. I argue that trust and knowledge are fundamentally entangled in our epistemic practices. Yet despite this fundamental entanglement, we do not trust blindly. Instead we make use of knowledge to rationally place or withdraw trust. We use knowledge about the sources of epistemic content as well as general background knowledge to assess epistemic claims. Hence, although we may (...) have a default to trust, we remain and should remain epistemically vigilant; we look out and need to look out for signs of insincerity and dishonesty in our attempts to know. A fundamental requirement for such vigilance is transparency: in order to critically assess epistemic agents, content and processes, we need to be able to access and address them. On the Web, this request for transparency becomes particularly pressing if (a) trust is placed in unknown human epistemic agents and (b) if it is placed in non-human agents, such as algorithms. I give examples of the entanglement between knowledge and trust on the Web and draw conclusions about the forms of transparency needed in such systems to support epistemically vigilant behaviour, which empowers users to become responsible and accountable knowers. (shrink)

The Protein Ontology (PRO) provides a formal, logically-based classification of specific protein classes including structured representations of protein isoforms, variants and modified forms. Initially focused on proteins found in human, mouse and Escherichia coli, PRO now includes representations of protein complexes. The PRO Consortium works in concert with the developers of other biomedical ontologies and protein knowledge bases to provide the ability to formally organize and integrate representations of precise protein forms so as to enhance accessibility to results of protein (...) research. PRO (http://pir.georgetown.edu/pro) is part of the Open Biomedical Ontologies (OBO) Foundry. (shrink)

Projective contents, which include presuppositional inferences and Potts's conventional implicatures, are contents that may project when a construction is embedded, as standardly identified by the FAMILY-OF-SENTENCES diagnostic. This article establishes distinctions among projective contents on the basis of a series of diagnostics, including a variant of the family-of-sentences diagnostic, that can be applied with linguistically untrained consultants in the field and the laboratory. These diagnostics are intended to serve as part of a toolkit for exploring projective contents across languages, thus (...) allowing generalizations to be examined and validated crosslinguistically. We apply the diagnostics in two languages, focusing on Paraguayan Guaraní, and comparing the results to those for English. Our study of Paraguayan Guaraní is the first systematic exploration of projective content in a language other than English. Based on the application of our diagnostics to a wide range of constructions, four subclasses of projective contents emerge. The resulting taxonomy of projective content has strong implications for contemporary theories of projection, which were developed for the projective properties of particular subclasses and fail to generalize to the full set of projective contents. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Redeeming the Enlightenment: Christianity and the Liberal VirtuesJudith W. KayRedeeming the Enlightenment: Christianity and the Liberal Virtues Bruce K. Ward Grand Rapids, Mich.: Eerdmans, 2010. 230 pp. $26.00.Bruce Ward has written a remarkably rich intellectual history whose theological diagnosis yields refreshing interpretations of ethical norms. Each chapter treats one of liberalism’s cherished virtues (equality, authenticity, tolerance, and compassion) and argues for the Christian roots of each in order (...) to show how Christianity is “the fulfillment of what the Enlightenment, at its best, sought” (196).Ward uses the Christian humanism of Dostoevsky to redeem the equality espoused by Rousseau and Kant in light of Nietzsche’s attacks. Equality is grounded neither in a human capacity nor in obedience to a principle, but in the imago Dei. While hardly original, this foundation with attention to immanence can create an enlivened perception of others in their richness while being transformed by love from “the other world.” Ward redeems authenticity with agapic self-dispossession rather than self-assertion, which liberates it from individualism and opens it to the “call of God.” Liberal compassion finds its fulfillment in the love of particular, suffering humans, which requires discernment, respect, and effective action. Such compassion is rooted in and revelatory of divine love.Ward’s most compelling chapter, on tolerance, begins by noting how this ideal often inhibits moral judgment or promotes indifference. Ward is a student of neither Mill’s nor Nussbaum’s libertarian versions of tolerance. Instead, Ward draws upon René Girard to argue that tolerance must account for the perpetrator’s demonization of social outcasts that leads to the victim’s resentment. Victims must lead the way in exposing and then exiting this cycle. Dostoevsky recommends a practice of taking responsibility for all persecution (“all are guilty for all”) as an expression of active love. Such a practice forges points of human contact between groups in conflict, even if prejudices are slow to change. In response to intolerant religions, Christians should assume such universal responsibility rather than rely on the “restrained” violence of the liberal state. Although Ward derides multicultural versions of tolerance that “celebrate difference,” he observes that the universal human of Enlightenment ontology cannot exist except through the particularity of a lived story—precisely multiculturalism’s insight. [End Page 213]The deep lament motivating this book is that an inadequate Christian theology lost its power to explain the world. The resulting defense of humanism by Enlightenment philosophes was deeply shaped by Christian ideals, but they were unable to articulate a foundation for moral norms, which made Nietzschean nihilists appear sane. Both groups are ill equipped to respond to current religious terrorism. As Charles Taylor explores in The Secular Age, the third contenders are those who affirm a good beyond this world. Ward differs from Taylor by arguing that the problem is not a lack of transcendent grounding for norms but an inadequate conceptualization of immanence and transcendence. Ward uses the Trinitarian approach of Dostoevsky to reorder transcendence and immanence, which avoids translating “Christianity into liberalism” or injecting transcendence into secularism.Ward’s project succeeds if one accepts Nietzsche as the major critic of the Enlightenment. Readers who have accepted as legitimate other criticisms of the philosophes may be disappointed. His discussion of compassion lacks Catholic interlocutors such as Edward Vacek who argue that agape avoids the polarity between self-love and compassion; feminists who critique Enlightenment dichotomies between savage and civilized or reason and emotion; and Marxists who argue that capitalism denies human equality, thus making Ward’s “capitalist liberal humanism” sound naive. It is not clear how Ward would redeem the Enlightenment from such criticisms.Nevertheless, Ward’s rereading of the Enlightenment is majestic in its sweep, compelling in its close textual analysis, and brimming with fresh insights. The text assumes much familiarity with the philosophes; its pedagogical use is recommended for graduate students and scholars. [End Page 214]Judith W. KayUniversity of Puget SoundCopyright © 2012 Society of Christian Ethics... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:AQUINAS ON THE ROLE OF EMOTION IN MORAL JUDGMENT AND ACTIVITY JUDITH BARAD Indiana State University Terre Haute, Indiana MONG PHILOSOPHERS who have discussed the role of emotion in morality there is much disagreement. At one extreme there is a tradition of ethical thinkers, represented by David Hume, who juxtapose reason and emotion and hoM that the choice of ultimate va:1ues is always made by the emotional side (...) of our natul'e. Insisting that emotion, not reason, is the foundation of moral philosophy, Hume says "Reason is, and ought to he, the slave of the passions, and can never pretend to any office other than to serve and obey them." 1 Conv:erseily, Immanuel Kant adamantly insists that reason must be the sole determinant of morality. Since morality is stricrtly a rational endeavor, the emotions (or what he more generrully called the incJinations), whethei!.' beneficent or ma1e:fiicent, should never be alilowed to intrude into our moral judgments. Each extreme claims that a part of our nature, respectiv 'e,ly reason or emotion, is not essentirul to the moral life. Hut the be1lief that we shouM sev;er any part of our nature from swch a pervasive area of our lives leads to unfortunate consequen1ces. If we base our understanding of morality on Hume's call for the slavish submission of reason, we can justify all kinds of social exploitation and sensuous indulgence. On the other hand, if we follow Kant's ideal of suppressing our emotions, then bodi1ly desires can appear ba:d to us, and we may irrationaHy disaJfow many human needs, both to ourselv;es and to others. i David Hume, A Treatise of Human Nature, 3, 3. 397 398.TUDITH BARAD But on this question of the role of emotion in mol'lwl judgment, Aquinas oiooupies a position intermediate between Kant and Hume. He neither dismisses reason as a guide to practical affairs nor regards emotions as mere obstacles to be overcome in form.mating a moral judgment. For Aquinas even though e&ch of the human £acmlties has a unique role to perform, an individual £unctions in his entirety in the moral sphere. This essay will focus on how our emotions can support as well as impruir our moraJ conduct. The purpose of this study is to show thrut emotion may be either 1an impediment or a usefuJ srtimu1us to obj·ectiv;e moral decision malcing, obscuring our morrul judgments or 11einfol'lcing our commitments. Obviously, Hume's argument ·that reason cannot judge or criticize the emotions is very foreign to Aquinas's thought, and no one has yet ruttemp ;!Jed 1to subsume one •ruooount under the other. Afan Donagan, however, has clwimed that Aquinas's moll"al theory " anticipates Kant's metaphysics of morals," because of what " both ~are] found to 1say about motiViation." 2 But, contrary to Donagan 's claim, this study will make clear rlihat in the area of how emotions a:ffrect our moral life ·the two g11eat thinkers pal'lt company. To understand how emotion :liun:ctions mthe moral judgment, we must fust examine what Aquinas means by "emotion." 3 He describes :emotion as a spontaneous.feeling consisting of both a phy;siofogical 1and an affective response to an object.4 He observes that emotion involves virtually ithe en2 Alan Donagan, " Teleology and Consistency in Theories of :Morality as Natural Law," in Georgetown Symposium on Ethics, edited by Rocco Porreca (Lanham, :Md.: University Press of America, 1984), p. 96. a Throughout this paper I will use the word "emotion " for the Latin passia, since " passion" has a more intense connotation in contemporary English than the term employed by Aquinas. "Thomas Aquinas, Summa theologica, (Westminster, :Md.: Christian Classics, 1981), I-II, q.22. In the first article of this question, Aquinas says that " Passion... is only in respect of a bodily transmutation." Quoting Damascene in the third article, he says " Passion is a movement of the sensi· tive appetite when we think of good or evil." I have combined both passages to arrive at Aquinas's description of emotion. AQUINAS ON EMOTIONS AND MORALS 399 tire human being: intd1ect, sense cognition, spontaneous volition, and bodily changes. Aquinas bases this position on his hylomorphic... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 31.4 (2001) 22-40 [Access article in PDF] Giving an Account of Oneself Judith Butler In recent years, the critique of poststructuralism, itself loquacious, has held that the postulation of a subject who is not self-grounding undermines the possibility of responsibility and, in particular, of giving an account of oneself. Critics have argued that the various critical reconsiderations of the subject, including those that do away with the (...) theory of the subject altogether, cannot provide the basis for an account of responsibility, that if we are, as it were, divided, ungrounded, or incoherent from the start, it will be impossible to ground a notion of personal or social responsibility on the basis of such a view. I would like to try to rebut this view in what follows, and to show how a theory of subject-formation that acknowledges the limits of self-knowledge can work in the service of a conception of ethics and, indeed, of responsibility. If the subject is opaque to itself, it is not therefore licensed to do what it wants or to ignore its relations to others. Indeed, if it is precisely by virtue of its relations to others that it is opaque to itself, and if those relations to others are precisely the venue for its ethical responsibility, then it may well follow that it is precisely by virtue of the subject's opacity to itself that it sustains some of its most important ethical bonds.In all the talk about the social construction of the subject, we have perhaps overlooked the fact that the very being of the self is dependent not just on the existence of the Other—in its singularity, as Levinas would have it, though surely that—but also on the possibility that the normative horizon within which the Other sees and listens and knows and recognizes is also subject to a critical opening. This opening calls into question the limits of established regimes of truth, where a certain risking of the self becomes, as Levinas claims, the sign of virtue [see Foucault]. Whether or not the Other is singular, the Other is recognized and confers recognition through a set of norms that govern recognizability. So whereas the Other may be singular, if not radically personal, the norms are to some extent impersonal and indifferent, and they introduce a disorientation of perspective for the subject in the midst of recognition as an encounter. For if I understand myself to be conferring recognition on you, for instance, then I take seriously that the recognition comes from me. But in the moment that I realize that the terms by which I confer recognition are not mine alone, that I did not singlehandedly make them, then I am, as it were, dispossessed by the language that I offer. In a sense, I submit to a norm of recognition when I offer recognition to you, so that I am both subjected to that norm and the agency of its use.As Hegel would have it, recognition cannot be unilaterally given. In the moment that I give it, I am potentially given it, and the form by which I offer it is one that potentially is given to me. In this sense, one might say, I can never offer it, in the Hegelian sense, as a pure offering, since I am receiving it, at least potentially and structurally, in the moment, in the act, of giving. We might ask, as Levinas surely has, what kind of gift this is that returns to me so quickly, that never really leaves my hands. Is it the case that recognition consists, as it does for Hegel, in a reciprocal act whereby I recognize that [End Page 22] the Other is structured in the same way that I am, and I recognize that the Other also makes, or can make, this very recognition of sameness? Or is there perhaps an encounter with alterity here that is not reducible to sameness? If it is the latter, how are we to understand this alterity? On the one hand, the Hegelian Other is always found outside, or at least... (shrink)

The March 2002 symposium Human Dignity and Reproductive Technology brought together philosophers, theologians, scientists, lawyers, and scholars from across the United States. The essays of this book are the contributions of the symposium's participants.

In her article “Turning the Trolley,” the author of this comment argued that the bystander may not turn the trolley onto one to save five. Lecture I argued that this view is mistaken. This comment contends that Lecture I’s arguments do not succeed. In this response to the second Tanner Lecture, the text then argues that the Lecture II’s reasoning depends on an unacceptable view of moral theorizing. In an addendum, this comment defends the claim that if you think the (...) bystander may turn the trolley onto one to save five when the two tracks are not connected, then good sense requires you to think that he may do so when the two tracks are connected. (shrink)

This paper begins with an analysis of global problems shaping education, particularly as they impact upon learning and life chances. In addressing these problems a range of philosophical positions and controversies are considered, including: traditional romantic and institutional views of schooling; and more recent maximalist, neo-liberal, emancipatory and post-modern-perspectives of lifelong learning. In this paper we argue that these do not represent 'the last word' on the provision of learning and the enhancement of life chances and instead we put forward (...) an alternative view based upon the notion of adopting an inclusive problem-solving approach, which we believe may be better suited to offering solutions to the various global problems that have been identified or that are still emerging. We believe that such an approach addresses and expands the individual, social, economic and political features of education and conduces to the improvement and expansion of learning and life chances. (shrink)

Free speech has historically been viewed as a special and preferred democratic value in the United States, by the public as well as by the legislatures and courts. In 1937, Justice Benjamin Cardozo wrote in Palko v. Connecticut that protection of speech is a “fundamental” liberty due to America's history, political and legal, and he recognized its importance, saying, “[F]reedom of thought and speech” is “the matrix, the indispensable condition, of nearly every other form of freedom.” It is likely notable (...) that in the Bill of Rights free speech is protected in the First Amendment rather than later. (shrink)

Philosophical treatments of natural kinds are embedded in two distinct projects. I call these the philosophy of science approach and the philosophy of language approach. Each is characterized by its own set of philosophical questions, concerns, and assumptions. The kinds studied in the philosophy of science approach are projectible categories that can ground inductive inferences and scientific explanation. The kinds studied in the philosophy of language approach are the referential objects of a special linguistic category—natural kind terms—thought to refer directly. (...) Philosophers may hope for a unified account addresses both sets of concerns. This paper argues that this cannot be done successfully. No single account can satisfy both the semantic objectives of the philosophy of language approach and the explanatory projects of the philosophy of science approach. After analyzing where the tensions arise, I make recommendations about assumptions and projects that are best abandoned, those that should be retained, and those that should go their separate ways. I also recommend adopting the disambiguating terminology of “scientific kinds” and “natural kinds” for the different notions of kinds developed in these different approaches. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.3 (2002) 501-519 [Access article in PDF] Nietzsche and Early Romanticism Judith Norman Nietzsche was in many ways a quintessentially romantic figure, a lonely genius with a tragic love-life, wandering endlessly (through Italy, no less) before going dramatically mad, taken by his gods into the protection of madness (to quote Heidegger's epithet on Hölderlin, one of Nietzsche's childhood favorites). 1 But this (...) is to be a romantic in an uncapitalized manner, and has nothing to do with the literary movement of Romanticism, a movement from which, as is well-known, Nietzsche distanced himself loudly and vigorously. Nietzsche famously follows Goethe in his verdict that Romanticism is a form of sickness and classicism a form of strength, and commentators, for the most part, have accepted this self-description. 2 That is, they do not blithely identify Nietzsche with that nineteenth-century artistic movement, whose proponents include Victor Hugo, Eugene Delacroix, and Richard Wagner. 3But Romanticism is a plural phenomenon. When Goethe made his famously dismissive remark, he was clearly not talking about Hugo and Wagner; he meant Romanticism in an earlier incarnation. Commentators have been less reticent about finding all sorts of affinities between Nietzsche and some of these earlier movements. In particular Nietzsche is frequently and positively compared to Jena Romanticism (also known as early Romanticism), a movement whose principal figures included August and Friedrich Schlegel, Novalis, Tieck, Schleiermacher, and Schelling, and the writings they published in the 1790s, principally in the journal, Athenaeum. It is this romantic movement that will be the focus of my paper. Jena romantics, while Grecophile, had nothing to do with Rousseauean primitivism (they were well aware that their image of the [End Page 501] Greeks reflected contemporary fantasies more than historical reality), they had no cult of the genius, and they did not valorize emotion above reason. 4 What was central to their movement was profound skepticism about the viability of traditional attitudes towards truth, an intellectually rigorous theory of art that gave particular weight to playfulness, fragmented writing, the notion of literary irony, a sense that the philosopher ought to be or become more of an artist (though not a genius)—and, correlatively, that philosophy is or ought to become more artistic. All of which sounds decidedly Nietzschean. Romanticizing Nietzsche While Nietzsche himself never makes the connection, he never explicitly distances himself from the authors of Jena romanticism in the way he does from later romantic figures. 5 Indeed, he barely mentions the Jena romantics by name and probably never read Friedrich Schlegel, the figure most closely associated with this romantic movement. 6 As such, there is certainly space for commentators to argue for a close if tacit intellectual connection between Nietzsche and Jena romanticism; indeed, one commentator speaks of a fundamental affinity, 7 another calls Nietzsche the last romanticist, and yet another claims that "[Nietzsche's] story makes sense only when read in the larger context of his Romantic predecessors' history." 8It is undeniable that Nietzsche came out of a philological tradition inaugurated by the Schlegels (and developed by Schelling) which juxtaposed the Dionysian and the Apollinian in Greek tragedy. According to Lacoue-Labarthe, "an entire tradition of academic philosophy (which, on his own initiative, Nietzsche had joined) revolved around precisely this opposition." 9 At least in [End Page 502] his earlier works Nietzsche's view of the Greeks was influenced by (if not predicated on) the scholarly research and interpretative theories of figures associated with Jena romanticism. How profound and enduring this influence might have been is an interesting question, but not one I will explore at present. I will not discuss the influence of the Jena romantics in their scholarly capacity as classical philologists, but rather focus on any impact they may have had as philosophically minded literary critics during the 1790s. Similarly, I will not look at The Birth of Tragedy but rather focus on claims made concerning the romantic tendencies of Nietzsche's later work. A body of scholarship has been building which claims that the critical theories of Jena... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Uses of EqualityThe following exchange between Judith Butler (who at the time was in Irvine, California) and Ernesto Laclau (in Essex, England) took place during the months of May and June of 1995. Ernesto Laclau, born in Argentina, is well known for his Hegemony and Socialist Strategy, published in 1985 in collaboration with Chantal Mouffe. The work starts off by critically examining the concept of “hegemony” within (...) a Marxist tradition, and it ends by proposing a socialist strategy that not only takes into account the criticism posited against the Marxist tradition of the last three decades, but also the emergence of new social and political fronts. Hegemony manifests a motive that is felt in the background of the following discussion: a politics of “radical democracy” (a term introduced in the book) should aspire to preserve the conflictive character of all social processes if it intends to avoid becoming a totalitarian system. In other words, a politics of a “radical democracy” should remain faithful to the dictum stated by the German poet Paul Celan: “build on inconsistencies.” It is evident that Laclau and Judith Butler, the North American author of Gender Trouble (1990) and its sequel, Bodies That Matter (1993), share this position. In these works, Butler advocates the reactivation of the concept of “interpellation” in order to expose the ways in which any given subject is “engendered.” The performative constitution of a subject, according to Butler, is defined through a reiterative convocation or “interpellation,” which continuously exhorts the subject to adhere to a gender norm. Not all sequences and efforts at interpellation, however, are completely successful; hence the need for notions of “deviations” in contrast to the norm. This theoretical standpoint facilitated a deconstruction of social gender norms and addressed issues raised by the gay and lesbian communities. In Bodies That Matter, however, a growing emphasis was placed on the articulation of the task at hand within a broader field of the democratic claims of minorities. Here, references to Mouffe and Laclau and to the concepts of “articulation” and “hegemony” were increasingly necessary.The link between Butler and Laclau was extended by the dialogue that follows. An example of this is the notion that all identities constitute themselves by differentiation. However, differentiation immediately implies antagonism. Identities exist because there are differences in strength, antagonism, and finally, in hegemony. According to both Butler and Laclau, the social constitutes itself as the space in which hegemonic relations unfold. Nevertheless, it is characteristic of any hegemonic position to never gain stability: any hegemonic position is always exposed to the risk of being subverted. Thus the recurrence of two issues that play a role in the following discussion: the existence of hegemonic relations and, hence, exclusion, found in the social domain. But since no particular exclusion is based on “the nature of things,” or can be ultimately justified, no exclusion can be definite, and no politics can achieve a final form. It is within the gap between the recognition that exclusion always exists in the social domain, and the rupture it provokes—that is to say, between the affirmation that no situation is purely structured and that no structure formation is ever complete—that perhaps the program of radical democracy unfolds.Equality, as a signifier and as a thing—if it exists—was the topic proposed to Butler and Laclau: their dialogue exceeds our original expectations.Reinaldo Laddaga [End Page 3]What’s the political value, today, of the use of the signifier “equality”? Considering the poststructuralist elaboration of “difference,” how does “equality” work today in gender and/or race politics? “Difference” has been, for more than a decade, the key word for a certain number of programs related to radical democracy. Certainly, “difference” has given space to the constitution of new types of social solidarity. Recently, however, some reservations on the extension of the term have been published. Chantal Mouffe—in her introduction to Dimensions of Radical Democracy—has stated that “all differences cannot be accepted” in order “for pluralism to be made compatible with the struggle against inequality.” Mouffe doesn’t clarify, in this particular text, the criteria with which to discriminate between “acceptable” and “nonacceptable” (or, maybe, “pertinent” and... (shrink)

An exploratory survey was conducted to determine if there are differences in ethical decisions by business students based upon cultural backgrounds. Students' responses to a vignette concerning advertising of cigar products in a variety of different media provided evidence of significant cultural differences between three groups of students from different geographical locations within the United States. This article suggests that the presumption that an individuals ethical beliefs and behaviors do not change after childhood may be in error.

This article examines how tattoos may function as a way to deal with personal trauma. First, I examine a recent theory of how personal trauma cannot be fully experienced; thus, it calls for a return to the event in order to incorporate it into the psyche. Second, I look at how that return, often achieved symbolically, might include the process of acquiring a tattoo. Finally, I turn to various examples, taken from memoirs, film, and an interview, of trauma that has (...) been expressed through tattooed images that turn bodies into memory‐laden texts. (shrink)

Surrender-and-catch is a protest against [... our time] and an attempt at remembrance of what a human being can be. The sociology of knowledge is a protest against its hypocrisy and against unexamined social influences. Like surrender, the sociology of knowledge does not fear but passionately seeks what is true and thus, like surrender, is a remembrance, proclamation, and celebration of the spirit. Both ideas, that of the sociology of knowledge and that of surrender, are critical, polemical, radical [...]; so (...) is the sociology of knowledge also in its practice, while in its practice surrender is cognitive live. Using a [...] distinction developed by Mannheim, we may also say that the sociology of knowledge is an extrinsic interpretation of its time, our time; surrender, an intrinsic one: the former is, advocates, and practices such an extrinsic (sociological) interpretation but needs the latter to overcome the relativism it encounters in its practice by its remembrance, rediscovery, reinvention, the catch, of what is common to all human beings, what is universally human (Wolff, 1982., pp. 265–266). (shrink)

This article examines discourses invoked in the UK debates about prostitution and trafficking in women. The authors suggest that there are three striking features about these discourses: the absence of the sex work discourse, the dominance of the public nuisance discourse in relation to kerb-crawling and the dominance of moral order discourses in relation to trafficking. At a time when the UK is about to revise its sex laws, it is important to consider the discourses that frame prostitution policies in (...) other European countries, with a view to broadening the range of policy options. In this context, the authors compare the UK with the Netherlands, where a sex work discourse has framed debates. This comparison indicates that UK prostitution discourses could be shaped by discourses other than those of public nuisance and moral order and may open up new policy options. (shrink)

Purpose This study aims to understand the allure and danger of fake news in social media environments and propose a theoretical model of the phenomenon. Design/methodology/approach This qualitative research study used the uses and gratifications theory approach to analyze how and why people used social media during the 2016 US presidential election. Findings The thematic analysis revealed people were gratified after using social media to connect with friends and family and to gather and share information and after using it as (...) a vehicle of expression. Participants found a significant number of fake news stories on social media during the 2016 US presidential election. Participants tried to differentiate between fake news and real news using fact-checking websites and news sources and interacted with the social media users who posted fake news and became part of the echo chamber. Behaviors like these emerged in the analysis that could not be completely explained by UGT and required further exploration which resulted in a model that became the core of this study. Research limitations/implications This is a small-scale exploratory study with eight diverse participants, findings should not be generalized to larger populations. Time-specific self-reporting of information from social media and fake news during the 2016 US presidential election. Upgrading public policies related to social media is recommended in the study, contributing to burgeoning policy discussions and provides recommendations for both purveyors of social media and public policymakers. Practical implications Upgrade in public policies related to social media is recommended in the study and contributes to burgeoning policy discussions and provides recommendations for both purveyors of social media and public policymakers. Social implications Social media users are spending increased time on their preferred platforms. This study increases the understanding of the nature, function and transformation of virtual social media environments and their effects on real individuals, cultures and societies.What is original/of value about the paper?This exploratory study establishes the foundation on which to expand research in the area of social media use and fake news. Originality/value This exploratory study establishes the foundation to expand research in the area of social media use and fake news. (shrink)

This article attempts to establish and examine the context of the two remaining mythological paintings in the Macellum, the central market of Pompeii. Panels of Io and Argos and of Penelope and Odysseus grace the interior walls, and while the identification of the Penelope figure has been the subject of debate, she clearly derives from Greek prototypes of Penelope, both material and theatrical. Indeed, scholars suggest that the Io panel and perhaps the Penelope painting as well are copies of Greek (...) panel paintings created by a fourth-century B.C. artist, but it is argued here that their pairing seems to be a Roman creation and that they were part of a larger narrative program. The paintings are compositional opposites and share the narrative technique of depicting moments of quiet tension; this choice of narrative moment is one that began in the Greek world; particularly during the Hellenistic period, and was developed and enhanced by the Romans. Moreover, this interest in creating tension for the spectator, and in the relationship between viewer and image, is also demonstrated by the inclusion of a spectator figure in the Penelope painting. Although the other paintings do not survive, their subjects are known from a nineteenth-century drawing and from nineteenth-century descriptions, and these too share the same narrative technique. If the lost paintings are copies of Greek originals, then the Macellum may have served as a picture gallery for Pompeii's inhabitants. A careful reading of the Macellum paintings of Greek myths, their juxtaposition and relationship to each other, and their reception in Roman literature and society reveals that the paintings were arranged as a program, a moralizing ensemble, designed to instruct the viewer on the proper behavior of Roman matrons. (shrink)

Philip Kitcher brings his own inclusive and liberatory purposes to bear in Preludes to Pragmatism: Toward a Reconstruction of Philosophy, including in several chapters in which he criticizes William James’s defense of religious belief in “The Will to Believe” and Varieties of Religious Experience, while affirming John Dewey’s emphasis on a “religious” orientation toward community and nature in A Common Faith. These chapters in Kitcher’swide-ranging and beautifully written book contain many insights and imaginative proposals for advancing a “post-religion”secular humanism that (...) he hopes may be able to stabilize the evolution and widen the effective reach of a deep and enduring human impulse toward altruism that he.. (shrink)

This article examines emergency ambulance calls made by lay callers for patients found to be in cardiac arrest when the paramedics arrived. Using conversation analysis, we explored the trajectories of calls in which the caller, before being asked by the call-taker, said why they were calling, that is, calls in which callers pre-empted a reason-for-the-call. Caller pre-emption can be disruptive when call-takers first need to obtain an address and telephone number. Pre-emptions have further implications when call-takers reach the stage when (...) they are required to deliver the scripted turn ‘tell me exactly what happened’. When there has been a pre-emption earlier on, callers tend to treat the scripted turn as a request for more information and may not repeat their reason-for-the-call. This can occasion delays and important information can be lost. We identified an effective alternative strategy used by some call-takers, pre-emption repeat, which callers treat as a request for confirmation. (shrink)