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.

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.

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)

Many jobs today are alienating: they damage the working person in psychological, mental, intellectual or psychosomatic ways; the psychosomatic damage may be permanent. This ill is due to a disregard for the basic psychological needs not gratified in a large number of workroles. It can be remedied without revolutionizing either the political or the economic-legal systems of pluralist democratic societies. Rather, we should revolutionize the image of the rank-and-file working person and attempt radical experiments in implementing new and democratic structures (...) in the workplace. The feasibility of all this is demonstrated by many successful and viable reforms. These are system-atically overlooked by backward-looking social scientists (Taylorist traditionalists, neo-Marxists and technological determinists). (shrink)

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)

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)

Dance is an enjoyable, non-therapy-focused activity that may provide a range of benefits for people with Parkinson’s. The internal simulation of movement through observation, imitation, and imagery, is intrinsic to dance and may contribute to functional improvements for people with Parkinson’s. This study explored the feasibility and potential benefits of a dance program designed by a collaborative team of dance artists, researchers, physiotherapists, and people living with Parkinson’s. The program incorporated motor simulation through observation, imitation and imagery of movement, supported (...) by creative themes, expression, and music. A 6-week pilot trial of the program was conducted with 10 people with Parkinson’s. A focus group following the trial (N= 8) provided insights into the use of imagery, observation and imitation within dance, and the link between creativity and functional outcomes, as well as indicating multidimensional benefits of dance as reported in previous studies. Exploratory outcome measures also suggested potential effects on motor simulation, functional dexterity, and quality of life. The present study demonstrates the feasibility of a co-developed dance program for Parkinson’s and indicates how creative elements of dance may support functional outcomes. Future research should examine the role of motor simulation processes in dance for Parkinson’s, including the potential to develop transferable cognitive-motor skills. This study also highlights the value of collaborative partnerships in designing dance for health programs, which may optimise beneficial effects by using creative approaches to incorporate evidence-based elements, with guidance from individuals with lived experience to ensure the relevance to their goals. (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)

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)

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)

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:Book Reviews Bibliography on Plato's "'Laws, "" 1920-1970: With Additional Citations through May, 1975. By Trevor J. Saunders. (New York: Arno Press, 1976. Pp. i + 60. $15.00) The Penguin Classics translator of the non-Socratic Laws, as Leo Strauss called them, has here compiled in a most usable way a thorough bibliography of books and articles about the Laws or parts of them. The section "Texts, Translations, and Commentaries" (...) properly excludes translations not made directly from the Greek. In previous centuries this would, also properly, have excluded many a famous or popular translation, such as Thomas Taylor's or Victor Cousin's, worked out from the text of M. Ficino's "first edition" in Latin. Given the state of the Greek text and the practice, inaugurated by Ficino, of improving upon the Greek in the translatioias, some notation about the literalness of the translations cited would have been of additional value. Section B, in thirty pages, is the largest and also deliberately the most selective in striving to limit itself to work concerned exclusively or primarily with the Laws. But it cannot avoid including much material about some aspect of Plato in general rather than about the Laws; this is especially true of the subsection, B1, on comprehensive accounts. Section B2, on the text and its tradition, has overwhelmingly more citations about the indirect tradition than about the texts themselves, an interesting indication of the current state of this question. The next subsections, to B12, divide according to subject matter. BI3 lists studies on the influence of the Laws. The last section, in twenty-four pages, is most valuable. It lists, by Stephanus page number, an abundance of discussions of individual passages from Book I through Book XII wherever these discussions, bibliographically speaking, may have occurred. Students of the Laws will be well served by, and most grateful to, Professor Saunders for this bibliography. I can only second the intent of his parting epigraph that sends us back to the study of the Laws themselves. But I must add that more explicitly detailed work appears to be required both on the difficulties the text itself presents to students of Plato (one thinks of A. Boeckh's analyses of the prose in Books I through III) and on those which arise when the Laws is contrasted--from the point of view of design and intellectuality--with those of Plato's works that are comparable, if not in number of pages, at least in scale of conception and monumentality. V. TEJERA SUNY at Stony Brook Science and Philosophy in Aristotle's Biological Works. By Anthony Preus. (Hildesheim and New York: George Olms, 1975. Pp. ix + 404. DM.88) A reciprocal influence between Aristotle's philosophy and biology--if it could be demonstrated through step-by-step criticism and not merely asserted in generalities about functionalism--might help to explain both, and might also itself be philosophically interesting ; for it should clarify Aristotle's concepts of form, essence, universal, and species-concepts which have been mercilessly jumbled in the traditional interpretations. With the failure of Jaegerian developmental analyses, we can hardly now hope for help from detailed chronology. But a general dating of Aristotle's biological interest to the Assos-Mytilene period, when he was already aged forty, is accepted by most people (though not by Jaeger who [463]... (shrink)

In a clear and accessible way, the author highlights the relationship between law and ethics explaining how, if and when they overlap and how they diverge. Written in a non-technical, comprehensible and concise style, this topical text presents information and then encourages the reader to work through the differences and similarities between law and ethics. It teases out comparisons and examines how the 'moral' approach differs from the 'legal' one. Case studies at the beginning of each chapter demonstrate scenarios that (...) health professionals may face in day-to-day practice. These are then developed with a theoretical discussion of the legal and ethical issues they reflect. (shrink)

Photography has often been scrutinized regarding its relationship to reality or historical truth. This includes not only the indexicality of photography, but also the question of how structures and processes that comprise history and historical events can be depicted. In this context, the Holocaust provides a particular challenge to photography. As has been discussed in numerous publications, this historic event marks the “limits of representation.” Nevertheless there are many photographs “showing” the Holocaust that have been produced in different contexts that (...) bespeak the photographers’ gaze and the circumstances of the photographs’ production. Some of the pictures have become very well known due to their frequent reproduction, even though they often do not show the annihilation itself, but situations different from that; their interpretation as Holocaust pictures results rather from a metonymic deferral. When these pictures are frequently reproduced they are transformed into symbolic images, that is, images that can be removed from their specific context, and in this way they come to signify abstract concepts such as “evil.” Despite being removed from their specific context these images can, as this essay argues, refer to historical truth. First, I explore the arguments of some key theorists of photography to investigate the relationship between photography and reality in general, looking at their different concepts of reality, history, and historical truth, as well as the question of the meaning of images. Second, I describe the individual circumstances in which some famous Holocaust pictures were taken in order to analyze, by means of three examples, the question what makes these specific pictures so particularly suitable to becoming symbolic images and why they may—despite their abstract meaning—be able to depict historical truth. (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)

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 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)

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.

As the family is one of the few structures that survives from ancient times to the present and looks set to continue for quite some time to come, it attracts the attention of every new generation of sociologists, historians and economists alike. From Engels to Herlihy, Goody and Moxnes, the family has been held responsible for the development of private property, for forms of social organisation and the oppression of women. Those interested in the period of late antiquity ask a (...) key question: what happened to the family when polytheist views of the immortal gods were gradually replaced by a belief in Christianity? Was the family changed, and in what ways, by what is often perceived as a fundamental shift in religious understanding? Or did the development of Christian institutions merely confirm tendencies, which may be observed in the late Roman period? In his book Geoffrey S. Nathan brings theories of the family to bear on this complex problem. The introduction surveys the traditional understanding of what makes a family, as well as more recent models, setting the scene for two traditions, of which the more enduring one is not Christian. With a structure of well-planned chapters, on marriage and alternatives to marriage, children, slaves and extended family, each marked by sensible headings and conclusions, this should be a most informative presentation. But it fails to convince. (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)

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)

In lieu of an abstract, here is a brief excerpt of the content:The Understanding and Experience of Compassion:Aquinas and the Dalai LamaJudith BaradHis Holiness the fourteenth Dalai Lama writes that the essence of Mahayana Buddhism is compassion.1 Although most people recognize compassion as one of the most admirable virtues, it is not easy to find discussions of it by Christian theologians. Instead, Christian theologians tend to discuss charity, a virtue infused by God into a person. Some of these theologians, such (...) as Cardinal Henri de Lubac,2 insist that Christian charity and Buddhist compassion are very different from each other. Are they correct? A good source to investigate this claim is in Aquinas's Summa Theologica, which contains a very developed discussion of charity. If we look at Aquinas's text and compare it to what the current Dalai Lama writes about compassion, we will recognize that they are discussing the same virtue. Moreover, by combining the insights from East and West, as expressed by the thoughts of the current Dalai Lama and St. Thomas Aquinas, we can achieve a better grasp of compassion so that we can more easily practice it in our daily lives. Though remarkably similar, the two accounts offer differing perspectives, which can be incorporated for mutual enrichment.Much of Aquinas's philosophy of compassion derives from his Christian beliefs, just as much of the Dalai Lama's teachings on compassion are based on Tibetan Buddhism. This explains some of the differences in their accounts. Unlike Christians, Buddhists neither believe in a personal God nor in a soul. Yet despite their theological differences, Aquinas and the Dalai Lama generally share a very similar view of compassion. In fact, one could well imagine Aquinas agreeing with the Dalai Lama who, after acknowledging his religious influence, writes that his goal is "to appeal for an approach to ethics based on universal rather than religious principles."3 It is appropriate, therefore, to begin by considering the similarities in their accounts of compassion, starting with their definitions of compassion. [End Page 11]DefinitionsEtymologically, the word "compassion"—compassio—comes from two Latin words: com means "with" and pati means "suffer." Literally, then, "compassion" means "to suffer with." Aquinas discusses compassion as an interior effect of charity, a theological virtue. It is interior because compassion is felt within the person who has charity. The cause of compassion, charity, Aquinas describes as the friendship between God's children and God Himself. Although Aquinas wrote prolifically on the subject of charity, someone could overlook his writing on compassion because he discusses it under the term "mercy." Diana Fritz Cates, for instance, who draws on an Aristotelian-Thomistic ethical framework to develop a theory of compassion, observes, "Aristotle and Thomas have little to say about compassion: hence, it will not be helpful to begin with their accounts."4 However, Aquinas uses the word misericordia (mercy) as a synonym of compassio (compassion). The synonymous relationship between compassion and mercy is also recognized by the Dalai Lama, who affirms, "Mercy and compassion are the same."5Aquinas defines mercy as "heartfelt sympathy for another's distress, impelling us to succor him if we can." If we experience this heartfelt sympathy, we're not discouraged if the person we try to help doesn't respond. Explicitly connecting mercy and compassion, Aquinas add that mercy, misericordia, gets its name "from denoting a person's compassionate heart (miserum cor) for another's unhappiness."6 The concept of "another's unhappiness" is important to his discussion. A necessary condition of being happy, in Aquinas's view, is that an individual must obtain what he or she wishes. Conversely, someone is unhappy when he suffers what he doesn't wish to suffer. Aquinas maintains that the suffering produced by one's frustrated desire for what he or she perceives as good is a sufficient condition for evoking mercy. In regard to the merciful response, it shouldn't matter what the suffering person perceives as good. So long as the person is suffering what he doesn't wish to suffer, this person should be treated mercifully. Suppose a teenager suffers from being unpopular with his peers. Although the compassionate person may not value popularity, she should extend compassion to the... (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)

Adults have been shown to attribute certain properties more frequently than others to the dead. This category-specific pattern has been interpreted in terms of simulation constraints, whereby it may be harder to imagine the absence of some states than others. Afterlife beliefs have also shown context-sensitivity, suggesting that environmental exposure to different types of information might influence adults? reasoning about post-death states. We sought to clarify category and context effects in adults afterlife reasoning. Participants read a story describing the death (...) of a human protagonist after exposure to a biological prime, an emotional prime, or no prime. Emotions, desires, and epistemic states were more frequently attributed to the dead character than biological, psychobiological, and perceptual states, partially replicating previous findings. The biological prime decreased the attribution of certain post-death states relative to the control condition, whereas the emotional prime had no effect. Simulation theory does not provide a satisfactory explanation of the present findings, which may be better accounted for by conflict between different cognitive systems that are engaged in thinking about the dead. (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)