Jacob Böhme (1575-1624) is one of the most important German thinkers. His writings have influenced literature, philosophy, religion and art beyond national borders from his time up to the present. One hundred years after the beginning of the Protestant Reformation - on the eve of the Thirty Years' War - Böhme wanted to give voice to the need for a deep spiritual and philosophical renewal. In a series of exhibitions - in Dresden, Coventry, Amsterdam, and Wrocław - the Dresden (...) State Art Collections recall this unconventional thinker, whose ideas about the relationship between science and belief, humanity and nature, woman and man are today more current than ever. Exhibition: Coventry Cathedral, UK (30.04. - 05.07.2019)"-- Back cover. (shrink)

A key figure of the Scottish Enlightenment, David Hume was a major influence on thinkers ranging from Kant and Schopenhauer to Einstein and Popper, and his writings continue to be deeply relevant today. With four essays by leading Hume scholars exploring his complex intellectual legacy, this volume presents an overview of Hume’s moral, political, and social philosophy. Editors Angela Coventry and Andrew Valls bring together a selection of writings from Hume’s most important works, with contributors placing them in their (...) appropriate context and offering a lively discourse on the relevance of Hume’s thought to contemporary subjects like reason’s dependence on emotion and the importance of social convention in political and economic behavior. Perfect for classroom use, this volume is an invaluable companion for anyone studying an important thinker who advanced the development of moral philosophy, economics, cognitive science, and many other fields of the Western tradition. (shrink)

This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether (...) a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by s. 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded on their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable” given what the accused knew, the legal definition of consent in section 273.1 is easily over-looked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. -/- That is precisely what we see here; the result is often failure to enforce the law. The author proposes: -/- (a) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and -/- (b) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent. (shrink)

Scholars of color have been instrumental in advancing nursing knowledge development but find limited spaces where one can authentically share their philosophical perspective. Although there is a call for antiracism in nursing and making way for more diverse and inclusive theories and philosophies, our voices remain at the margins of nursing theory and philosophy. In nursing philosophy, there continues to be a lack of racial diversity in those who are given the platform to share their scholarship. Five nurse scholars of (...) color attended the International Nursing Philosophy Conference in August 2022. We established a collective system of support by sharing our experiences as researchers, scholars, and educators with each other. The theory of emancipatory nursing praxis informed this process. In this dialogue, we reflected on what it is like to present at and attend predominantly white nursing conferences. We shared our experiences of how we exist as nurse scholars, our philosophical views, and our thoughts on how we create spaces where scholars of color can feel welcomed and acknowledged for their contributions to advancing nursing knowledge. (shrink)

Much of Hume’s "Dialogues Concerning Natural Religion" is spent debating the experimental design argument for the existence of God. A change of scene occurs in the ninth part of the "Dialogues" when the character of Demea presents an a priori cosmological argument that purports to demonstrate God’s necessary existence. The argument is then criticized by the characters of Cleanthes and Philo. The conversation in the ninth part of the dialogue has occasioned a mixed legacy. For some scholars, the objections raised (...) by Cleanthes and Philo to the cosmological argument in Part 9 are persuasive and inspiring, whereas for others the objections are ineffective and overrated. This paper critically assesses the mixed legacy of Hume against the cosmological argument, in particular, one of Cleanthes’s famous objections to do with a collection of twenty particles of matter. This objection has had a lasting impact in the philosophy of religion literature in the form of the much disputed, ‘Hume-Edwards Principle’ (HEP). However, I claim that the HEP misrepresents the text on two counts, and that via the spokesperson of Cleanthes, Hume’s point against the cosmological argument has yet to be fully appreciated by critics. (shrink)

Recent efforts to talk about the self in a postmodern dialect have created a dilemma: How can one conceptualize the human self as multiple, fluid, contextual, and radically relational while also maintaining that it is intentional, private, focused, and accountable? Creative Dwelling weaves elements of feminist psychology and process theology into a dynamic interdiscplinary dialogue about human subjectivity. The result brings a new coherence and vitality to our search for more inclusive and adequate ways of understanding our humanity. The theologicl (...) implications are profound: the dynamics of empathy and clarity impel the author to reframe characteristics of the divine nature, sin, salvation, and spirituality. The book culminates in a study of "dwelling" as a new, iconoclastic, and visionary metaphor for our experiences of the ever-emerging self. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 22 (2002) 222-228 [Access article in PDF] Book Review Buddhism and Ecology: The Interconnection of Dharma and Deeds Buddhism and Ecology: The Interconnection of Dharma and Deeds. Edited by Mary Evelyn Tucker and Duncan Ryuken Williams. Cambridge, Mass: Harvard University Press, 1997. 467 pp. As Mary Evelyn Tucker's foreword explains, this book is part of a series of conferences and publications exploring the relationship between religion and (...) ecology initiated by the Center for the Study of World Religions at Harvard University. The volume is divided into several sections. In the first section, "Overview: Framing the Issues," Lewis Lancaster provides an excellent overview of the important role of religion in relation to ecology in "Buddhism and Ecology: Collective Cultural Perceptions." In addition, he discusses some of the promise and pitfalls of interpreting Buddhism to ascertain its perspectives on nature, the human/nature relationship, and so forth.The first substantive section, "Theravada Buddhism and Ecology," has a focus on Thailand, with essays by Donald Swearer on Thai Buddhist perspectives on nature, and Leslie Sponsel and Poranee Natadecha-Sponsel, entitled "Theoretical Analysis of the Potential Contribution of the Monastic Community in Promoting a Green Society in Thailand." Swearer describes the approaches of two preeminent Thai Buddhist monk scholars and activists, Bhikkhu Buddhadasa and Phra Prayudh Payutto, concluding that these two offer distinct but similarly proenvironmental interpretations of Buddha dharma.The Sponsels' essay is less persuasive. Their thesis is that "the local monastic communities of Thailand have the potential to serve as working models of a green society and that some actually do" (48). The evidence they offer is that "by drawing on the environmental wisdom of the dharma, by serving as a model of a green society, and through the power afforded by their liminal status, local monastic communities have significant potential to contribute to the environmental awareness, information, and ethics of the populace" (Sponsel and Sponsel 53). Since the monastic environment is comprised predominantly of males, however, what contribution do women make to these goals, and how do they become educated into environmental awareness? The authors do acknowledge the gender discrimination of the sangha and recognize both that "one of the concomitants of a green society is gender equity" as well as that the gender bias of the sangha and society in Thailand need to change if a green society is to be realized in Thailand (56). However, assuming that women are equal contributors to environmental destruction as well as the potential for rehabilitation, it would seem to be important to use vehicles for environmental education that provide access to females as well as males, rather than monastic institutions composed exclusively of males (at least the formally recognized ones).However, the Sponsels see the greatest obstacle to the attainment of a green society in Thailand to be "the disparity between Buddhist ideals and teachings, on the one hand, and the actual practices of Buddhists, on the other" (56). The authors note that in reality, Thailand is increasingly becoming an environmental disaster rather [End Page 222] than an ecotopia. Although the authors contend that Buddhism is one of the most important resources for resolving environmental problems in Thailand because of its ability to "penetrate to the very roots of the problems and to find lasting solutions rather than merely treat superficial symptoms and single issues," they have failed to describe what these principles are in any detail other than the doctrine of interdependent origination and care for all sentient beings, as well as failing to demonstrate specifically how monks actually provide an example of a green society. Thus, their "hypotheses" remain largely unproven and unsupported.The third section of the volume, "Mahayana Buddhism and Ecology," focuses on Japan. Paul O. Ingram's essay, "The Jeweled Net of Nature," supports the thesis that Shingon (esoteric) Buddhism, especially that of the Japanese monk and scholar Kukai, offer resources for resolving the environmental crisis (as Graham Parkes also does in a later essay in this section). Beginning from the premise that the dualistic, hierarchical, atomizing, androcentric, and sexist characteristics of Western monotheistic religion and... (shrink)

Scholars have recently suggested the desirability of moving the migrant female subject to the center of the analysis of sex trafficking and other forms of women’s cross-border migration. At first glance, this seems to be a progressive move forward in empowering women and protecting their human rights, especially those who have been trafficked for the sex trade or have otherwise migrated for work in the sex industry. However, putting the victim of trafficking into the center of trafficking analysis also creates (...) new problems, especially for the formulation and implementation of law and public policy. In this paper, I will first discuss some of the factors that favor putting the female migrant subject at the center of anti-trafficking, such as recognition and respect for the autonomy of the person that is at the center of trafficking. I will then discuss some of the problems that such a reconfiguration would entail. (shrink)

Ender’s Game, Orson Scott Card’s award-winning 1985 novel, has been discovered and rediscovered by generations of science fiction fans, even being adopted as reading by the U.S. Marine Corps. Ender's Game and its sequels explore rich themes — the violence and cruelty of children, the role of empathy in war, and the balance of individual dignity and the social good — with compelling elements of a coming-of-age story. Ender’s Game and Philosophy brings together over 30 philosophers to engage in wide-ranging (...) discussion on issues such as: the justifiability of pre-emptive strikes; how Ender’s disconnected and dispassionate violence is mirrored in today’s drone warfare; whether the end of saving the species can justify the most brutal means; the justifiability of lies and deception in wartime, and how military schools produce training in virtue. The authors of Ender’s Game and Philosophy challenge readers to confront the challenges that Ender’s Game presents, bringing new insights to the idea of a just war, the virtues of the soldier, the nature of childhood, and the serious work of playing games. (shrink)

In Regina v. Murray, (2000, Ont S.Ct.J.) the learned trial judge, Justice Gravely, errs in his interpretation and application of the law of mens rea in the offense of willfully attempting to obstruct justice under section 139(2) of the Criminal Code of Canada. In view of his findings of fact and law, including the determination that the accused knowingly and intentionally committed the actus reus of the offense and the absence of any suggestion that he lacked awareness of any relevant (...) facts, there is no question in law but that Kenneth Murray was liable to be, and actually should have been, convicted. Nonetheless, the trial judge concluded that Murray’s alleged belief, that his actions were required by his duty to his client, raised a reasonable doubt about his intention to obstruct justice and entitled him to be acquitted. -/- In his reasons for judgment, the trial judge analyzes mens rea as if there is a “color of right” defense to the offense of obstruction of justice. In law, however, no such defense exists to this offense. Consequently, even if Mr. Murray did “honestly believe” that he had a duty to his client not to disclose the existence of the video tapes, that belief could not provide him with an exculpatory defence. In Canada, pursuant to common law and section 19 of the Criminal Code, mistakes of law do not excuse accused persons from responsibility for criminal conduct in the absence of a statutory exception. No exception exists for the offense of obstruction of justice. Yet the Crown did not choose to appeal and thereby signaled its acceptance of the legal analysis adopted by the trial judge. By contrast, if the analysis proposed in this piece had been adopted, the Crown should have prevailed at trial and, if unsuccessful at trial, would have had a right of appeal on a question of law. -/- At least two tendencies converge as significant influences shaping the outcome in the Murray case. The central tendency, discussed in Part I of this article, is the trial judge’s treatment of the accused’s alleged mistake about his legal duty as if it were a mistake about a question of fact which therefore could give rise to a reasonable doubt about intention or culpable awareness. This approach to mistaken beliefs ignores the distinction between mistakes of law and mistakes of fact, and then characterizes all mistakes as mistakes of fact. Unfortunately, this is not uncommon in the case law. In recent years however, as explained below, the judiciary has rejected that approach in a number of leading cases and ruled that mistakes which are actually mistakes about the meaning, scope, or application of the law are subject to the general rule and do not provide an accused with an exculpatory defense. The relationship between mistake of law and mens rea in Canadian criminal law has also been the subject of critical scholarly comment in Canada in recent years. The Murray decision provides evidence that, despite clarification by the Supreme Court, in some lower courts the unrefined approach to mistaken belief continues to shape the legal analysis of criminal culpability, even when the mistaken belief is overtly a belief about the law. This will not change until the proper characterization of mistaken beliefs as legal or factual becomes a deliberate and common-place aspect of case analysis at the trial court level. -/- The other tendency, discussed in Part III of this article, is one that often appears as a companion to the first - the judicial tendency to perceive and invoke analytical legal ambiguity in favour of accuseds more readily in cases in which the impugned conduct involves the discretionary exercise of authority which, when used appropriately, is fully legitimate and essential to the normal functioning of the existing socio-legal order. Of course, courts are strongly influenced by the arguments put to them by counsel. And counsel, acting on behalf of client groups with particular group interests may, consciously or unconsciously, favour the development of those lines of analysis which are protective of that interest or associated institutional interests. One of the reasons for scrutinizing the Murray case is that it provides a concrete context for discussion of those issues in relation to an actual decision made by Crown prosecutors. The case provides an occasion to examine a specific example of the exercise of prosecutorial discretion, its implications for the administration of criminal justice, and its broader potential impact on the public interest. [See also errata in UNBLJ 2002 volume 52 at pp 309-310.]. (shrink)

This piece proposes amendments to section 273.2 of the Canadian Criminal Code. Section 273.2, enacted in 1992 and revised in 2018, specifies circumstances in which belief in consent is not a defence to sexual assault. The amendments proposed here are designed to ensure that the wording of this statutory provision properly reflects the significant jurisprudential developments related to mens rea and the communication of voluntary agreement (i.e., affirmative sexual consent) achieved by Canadian judges since the original enactment of section 273.2 (...) in 1992. Revisions to the Model Jury Instructions posted by the National Judicial Institute are also considered. (shrink)

Black women are 3–4 times more likely to die from a pregnancy‐related complication and twice as likely to experience severe maternal morbidity when compared to white women in the United States. The risks for pregnancy‐related maternal mortality are well documented, yet Black women's experiences of life‐threatening morbidity are essentially absent in the nursing literature. The purpose of this interpretive phenomenological study was to understand the experiences of Black women who developed severe maternal morbidity. Face‐to‐face, one‐to‐one, in‐depth conversational interviews were conducted (...) with nine Black women who experienced life‐threatening complications during childbirth or postpartum. Five essential themes emerged (1) I Only Know What I Know; (2) How You Cared for Me; (3) Race Matters; (4) Faced with Uncertainty; and (5) Still Healing. These themes illuminate the complexity of Black women's subjective interpretations of severe maternal morbidity, and reveal ways in which racism, not race, places Black women at risk for poor maternal health outcomes. The author envisions greater equity for Black mothers entrusted to nursing care, guided by nursing theories informed by these study findings. (shrink)

From the early modern period to well into the eighteenth century, cattle plagues, murrains, or what were called “great cattle mortalities” were often analogized to bubonic plague; felling animals in devastating numbers, these catastrophes likewise afflicted living creatures on a grand scale. Three Enlightenment cattle pandemics (1709–1720, 1742–1760, and 1768–1786) propelled governments across Europe to enact harsh regulatory measures, including widespread slaughters, quarantines, and major disruptions of trade. This article examines works by Theophilus Lobb, Richard Bradley, Nathaniel Hodges, and Daniel (...) Defoe, among other writers and physicians, who responded differently to the ways in which human and animal health were biophysically and imaginatively linked. (shrink)

This book has been considered by academicians and scholars of great significance and value to literature. This forms a part of the knowledge base for future generations. So that the book is never forgotten we have represented this book in a print format as the same form as it was originally first published. Hence any marks or annotations seen are left intentionally to preserve its true nature.

Several arguments have been put forward about the benefits of young people carrying out their own social science research in terms of empowering their voices and their participation. Much less attention has been paid to investigating the understandings young people develop about the research process itself. Seven twelve-year olds carried out self-directed social science research into a topic of their choice. Towards the end of their six months experience, we used a questionnaire and follow-up semi-structured interviews to investigate, from a (...) sociocultural perspective, what the young people thought about being a researcher. Thematic analysis of the interviews identified three themes and eight subthemes suggesting that they were aware of: the need to demonstrate researcher/research integrity ; the need for good interpersonal skills and standards, and good self-management skills (be resilient, agentic, committed and go... (shrink)

Jacob Böhme (1575–1624) has been recognized as one of the internationally most influential German authors of the Early Modern period. Even today, his writings continue to impact fields as diverse as literature, philosophy, religion and art. Yet Böhme and his reception remain understudied. As a lay author, his works were often suppressed and circulated underground. Borrowing Böhme’s idea of “three worlds” or planes of existence, this volume traces the transmission of his thought through three stations: from his first underground readers (...) in Central and Eastern Europe, to the Netherlands, where most of his writings were first published, to Britain, where early translations made him a popular author for generations to come. Drawing on the work of both established and younger researchers from around the world, this volume charts new territory. It fills many lacunae and reveals a number of exciting discoveries, especially regarding the production and diffusion of manuscripts and previously overlooked sites of engagement. This book will be of interest to a wide range of scholars interested in the development of philosophical, religious, literary and artistic thought from the 17th century to the present day. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 20 (2000) 278-282 [Access article in PDF] Book Review Buddhist Women Across Cultures: Realizations Buddhist Women Across Cultures: Realizations. Edited by Karma Lekshe Tsomo. Albany: State University of New York Press, 1999. Pp. viii + 326. This collection of essays on women in Buddhism largely succeeds in fulfilling Tsomo's goal of documenting "Buddhist women's actual involvement" in the Buddhist tradition (p. 1). Her introduction provides a very (...) informative and well-supported description of the history and current status of Buddhist women around the world, focusing on Asia but including the West as well. In the introduction and in her essays on women in the Tibetan and Himalayan region and in Buddhist and Christian traditions, she provides a feminist critique of gender discrimination in the Buddhist tradition as well as prescriptions for transforming the existing tradition in ways that would make it more egalitarian. These include "consciously validating women's accomplishments," reinterpreting religious texts with gender sensitive lenses, and the ordination of women (pp. 256-257). The essays in the volume as a whole carry forward Tsomo's examination of both sides of the equation of women and Buddhism--that is, how the Buddhist tradition has treated women overall as well as how women have responded to and are working to alter Buddhism, what Tsomo characterizes as "the ongoing process of women transforming and being transformed by, the tradition" (p. 1). The essays highlight a number of dichotomies in the experiences of Buddhist women, the primary one being that of gender disparities in the status and experience of women. Several essays in the collection detail the hardships that Buddhist women encounter because of gender inequalities that persist to the present day, even in Western cultures. Tsomo's essay comparing the experiences of Buddhist and Christian women in particular illustrates that in most areas, gender-based inequalities are more pronounced in Buddhist contexts than in Christian ones. Tsomo observes that [End Page 278] both traditions have fallen short of their egalitarian ideals, expressed within Christianity as the imago dei (creation in the image of God) and in Buddhism as tathagathagarbha (the seed or essence of Enlightenment present in all sentient beings). While noting that both traditions in general permit women to participate in religious practices on an equal basis with men, that neither legally mandates an inferior status for women, and that the highest stage of religious attainment is the same for both genders, Tsomo finds gender discrimination still functioning in both religions: both Buddhism and Christianity traditionally have assigned subordinate roles to women (especially with respect to monastic life), depict females negatively in scriptures, and generally ignore women's contributions to religious life.Despite these similarities, Tsomo thinks that in most respects Christian women have made more progress in securing equal rights to participate in the religious life of their faith than have Buddhist women. The only reason she provides for the greater extent of change in Christianity is that "Christian women have been far more active than Buddhists" (p. 253). Yet she fails to probe the possible reasons for this disparity in respect to the broader cultural, social, and economic differences in Christian and Buddhist contexts that have fostered a more activist and socially acceptable feminism in the former. The greater gender discrimination in Buddhist cultures has less to do with differences between Christianity and Buddhism per se than it does with other aspects of culture. Unfortunately, Tsomo does not develop the thesis she presents in the introduction to this essay that "Christian women have much to learn from the Buddhist tradition with respect to meditation and that Buddhist women have much to learn from Christian women with respect to service to society" (p. 241). Indeed, it is difficult to understand the basis for the latter claim, given Buddhist women's primary roles as service providers in most Buddhist cultures, unless she is speaking of the so-called socially engaged religious movement. If so, then as other scholars have noted, there are impediments to social action within certain interpretations of the Buddhist teachings themselves that would need to be resolved first. A... (shrink)

This essay illustrates the potential of religion to both oppress and empower women, focusing on the role of Buddhism in Thailand in relation to the trafficking of women for the sex industry. After describing a number of ways that traditional Thai Buddhist culture functions to legitimate the trafficking industry, and thereby deny the human rights of women involved in sexual slavery, I draw on the analogy of Christianity in relation to slavery in the ante-bellum American South to make the case (...) that Buddhist teachings have the potential to oppose and condemn practices of sexual slavery as well as to justify and legitimate them. The essay concludes by discussing what are perhaps the most effective sources for empowering women involved in trafficking within the Thai Buddhist tradition. (shrink)

This thesis challenges prevailing approaches to religiously-based or influenced laws , and proposes an alternative model that makes religious pluralism, gender, and moral identity central considerations. I focus my analysis around abortion as a case study in order to analyze the gendered dimensions of the issue in addition to other, more well-recognized problems with religious lawmaking. ;My overarching thesis is that the prevalent approaches to religious lawmaking in the Supreme Court's jurisprudence, as well as in liberal and communitarian moral and (...) legal theory, are inadequate. Liberal approaches tend to protect religious pluralism at the expense of the religious identity of lawmakers, whereas communitarian proposals protect the religious morality of lawmakers at the expense of respect for religious pluralism. Both approaches are also inadequate, I contend, because they are premised upon faulty conceptions of moral identity, and fail to adequately consider the potential of religious lawmaking to perpetuate inequalities based on gender as well as religion. My arguments regarding deficiencies in these approaches are reinforced with empirical evidence regarding abortion views held by American religious groups, as well as the self-descriptions of a number of lawmakers regarding the influence of religion in their decision making. ;In developing alternative ethical and legal frameworks for addressing religious lawmaking, my analysis proceeds along both theoretical and practical lines. On the theoretical level, I propose that the conceptions of the social self and role-based morality developed by the twentieth century pragmatist philosopher George Herbert Mead, as supplemented by feminist and poststructuralist perspectives, provide the basis for a preferable ethical approach to religious lawmaking. ;On the practical level, I develop a legal framework that requires government in qualified challenges to religious lawmaking to show that the law can be fully supported on the basis of publicly accessible reasons and, in some instances, also by a compelling state interest. I explain how this proposal can accommodate the interests of religious lawmakers in relying on their religious convictions in their political and legal decision making, while insuring that the citizenship rights of their constituents are not thereby harmed. (shrink)

The debate over religious lawmaking pits respect for religious pluralism against moral identity. Peach contends that both sides of the argument are fundamentally flawed and that neither has addressed the gender-based disparities of religious lawmaking. The book offers a pragmatic solution which will respect religious pluralism, moral identity, and gender differences.

Increasing numbers of news organizations have formal codes of ethics for their personnel. This paper looks at the content of media ethics codes, how these codes are written and what comprises a news organization's fixed value system. Results show that many written policies were devised in recent years, and a noticeable number of other news organizations said they have firmly established unwritten policies. The written codes represented in this survey clearly draw lines around certain activities and label them as acceptable (...) or unacceptable for journalists. Teaching, unpaid appearances (such as on a television talk show), and participation in charitable activities are outside interests more acceptable than political activities in behalf of another person, or holding elected or appointed office. Certain activities which remain as unfinished business include: uniformity of enforcement, management ethics, financial interests, and spouse or friend conflict of interest. (shrink)

Only rarely have feminist theorists addressed the adequacy of just -war theory, a set of principles developed over hundreds of years to assess the justice of going to war and the morality of conduct in war. Recently, a few feminist scholars have found just -war theory inadequate, yet their own counterproposals are also deficient. I assess feminist contributions to just -war theorizing and suggest ways of strengthening, rather than abandoning, this moral approach to war.

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather (...) than simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

The tensions between monarchy and republicanism are a dominant feature of Machiavelli’s political works, and both the so-called ‘monarchical’ work, The Prince, and the more overtly republican Discourses laud the benefits of republicanism and warn against relying on hereditary monarchy. This article compares Machiavelli’s proposals, advanced in 1520, for a mixed constitution for the city of Florence with those of his younger compatriot, Donato Giannotti, who became secretary to the Ten in the last Florentine republican government of 1527-30. As the (...) historical context changed, and Florence progressed from republic to absolutist duchy under the later Medici, Giannotti was exiled from the city and the article examines how his proposed reforms of 1528 and then his major work, Della republica fiorentina, drafted and redrafted between 1531 and 1538 as the politics of Florence changed, reinforce and expand Machiavelli’s views of politico vivere in a republican polity like Florence whose constitution was being dramatically rewritten. (shrink)

In the United States, there is a long history of racial disparities in maternal health, with Black women disproportionately representing poor maternal health outcomes. Black women are three to four times more likely to die from a pregnancy‐related complication and twice as likely to experience severe maternal morbidity when compared to white women. Where are nurses in the development of knowledge to improve maternal health outcomes among Black birthing people? This dialogue discusses how decolonizing nursing can occur by examining the (...) history of Black maternal health in the United States and using the works of nursing scholars of color to inform nursing education, research, and clinical practice. (shrink)

To what extent is the choice of what to say driven by seemingly irrelevant cues in the visual world being described? Among such cues, how does prior description affect how we process spatial scenes? When people describe where objects are located their use of spatial language is often associated with a choice of reference frame. Two experiments employing between-participants designs ( N = 490) examined the effects of visual cueing and previous description on reference frame choice as reflected in spatial (...) prepositions ( in front of, to the left of, etc.) to describe pictures of object pairs. Experiment 1 examined the effects of visual and linguistic cues on spatial description choice through movement of object(s) in spatial scenes, showing sizeable effects of visual cueing on reference frame choice. Experiment 2 monitored eye movements of participants following a linguistic example description, revealing two findings: eye movement “signatures” associated with distinct reference frames as expressed in language, and transfer of these eye movement patterns just prior to spatial description for different (later) picture descriptions. Both verbal description and visual cueing similarly influence language production choice through manipulation of visual attention, suggesting a unified theory of constraints affecting spatial language choice. (shrink)

In this commentary, we propose that the shifts in symmetry Wynn documents may be explained in terms of simpler mechanisms than he suggests. Furthermore, we argue that it is dangerous to draw definitive conclusions about the cognitive abilities of a species from the level of symmetry observed in the artefacts produced by that species.

A student guide that covers the full range of Hume's major works and ideas, including detailed examination of his influential contributions to epistemology and metaphysics.

Vivacity, the “liveliness” of perceptions, is central to Hume’s epistemology. Hume equated belief with vivid ideas. Vivacity is a conscious quality so believable ideas are felt to be lively. Hume’s empiricism revolves around a phenomenological, inner epistemology. Through copying, Hume bases vivacity in impressions. Sensory vivacity also concerns liveliness or patterns of change. Through learnt skillful use, it tracks change specific to intentional sense-perceptual experience, Hume’s “coherent and constant” complex impressions. Copying, in turn, communicates the conscious skill of vivacity to (...) ideas where it becomes an indicator of believable ideas. Hume’s copying concerns then the causation of conscious skills required for the identification of empirically warranted structures. Copying allows Hume to combine a radically externalist empiricism with a portable phenomenological inner epistemology. (shrink)

Why do Humean eyes matter? The subject of David Hume’s eyes and face leads us into some unexpected curiosities connected with events in his life and written works. We outline the scholars’ propensity to describe the face of their favourite philosopher and spread upon it their personal reading of his life and writings. We ask questions about portraits, their resemblance to the original as a standard of beauty. We survey eighteenth-century physiognomy, and the humourous paradox of the “fat philosopher,” both (...) clumsy and refined. We inquire into Hume’s use of physiognomy, his views on corpulence and his own vacant look. We observe the role of Ramsay’s portraits in the 1766 dispute between Rousseau and Hume. We outline the role the eyes play in the body of his written work. We finally recall that the picture which he deemed the “best likeness” has now disappeared. Yet, there remains something still engraved. (shrink)

Contrary to intuitions that human beings are free to think and act with “buck-stopping” freedom, philosophers since Holbach and Hume have argued that universal causation makes free will nonsensical. Contemporary neuroscience has strengthened their case and begun to reveal subtle and counterintuitive mechanisms in the processes of conscious agency. Although some fear that determinism undermines moral responsibility, the opposite is true: free will, if it existed, would undermine coherent systems of justice. Moreover, deterministic views of human choice clarify the conditions (...) in which we ought to protect people from themselves, for example when they cannot give informed consent to medical procedures. Some of the most unresolved questions in this domain are just now emerging; they include robot ethics and the responsibilities of groups. We propose a philosophical and scientific research program to apply complex systems science to these problems. (shrink)

In early visits to Lothlorien—which is a loosely Pagan community of environmentalists in Indiana—I was confounded by attempts to categorize either the place or the people. As one of the founders said, “I tend to run from labels so I don't know what I am. It's safer that way.” In this paper I explore four members’ narratives about the emotional high points in their lives, where they often cross the usual boundaries of self and other. At the same time the (...) subjectivity at the core of these experiences is something that is felt and that cannot be dismissed as a discursive construct. Through these narratives I attempt to understand selfhood as a process—experientially inescapable but essentially in flux. I see a strong case for anthropologists moving beyond an overly neat, overly dichotomized view of “Western” and “non-Western” senses of self. (shrink)