Is the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences? Do U.S. laws about Native Americans violate the preferred or traditional "silence" of the peoples whose religions and languages they aim to "protect" and "preserve"? In Just Silences, Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice.Grounding her claims (...) about modern law in rhetorical analyses of U.S. law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, Constable asks what we are to make of silences in modern law and justice. She shows how what she calls "sociolegal positivism" is more important than the natural law/positive law distinction for understanding modern law. Modern law is a social and sociological phenomenon, whose instrumental, power-oriented, sometimes violent nature raises serious doubts about the continued possibility of justice. She shows how particular views of language and speech are implicated in such law.But law--like language--has not always been positivist, empirical, or sociological, nor need it be. Constable examines possibilities of silence and proposes an alternative understanding of law--one that emerges in the calling, however silently, of words to justice. Profoundly insightful and fluently written, Just Silences suggests that justice today lies precariously in the silences of modern positive law. (shrink)

In this book, Marianne Moyaert develops a new interreligious appropriation of Paul Ricoeur’s hermeneutical philosophy. Viewed in context of his philosophical, anthropological, and ethical work, Ricoeur’s fragmentary reflections on the encounters between religions provide insights on global cooperation practices and religious identity concerns.

We prove James's sequential characterization of reflexivity in set-theory ZF + DC, where DC is the axiom of Dependent Choices. In turn, James's criterion implies that every infinite set is Dedekind-infinite, whence it is not provable in ZF. Our proof in ZF + DC of James' criterion leads us to various notions of reflexivity which are equivalent in ZFC but are not equivalent in ZF. We also show that the weak compactness of the closed unit ball of a reflexive space (...) does not imply the Boolean Prime Ideal theorem : this solves a question raised in [6]. (shrink)

This article focuses on multiculturalism in the context of present-day societies and the need to incorporate minorities within a reframed social order. In his critical theory, Axel Honneth rightly draws attention to the idea of the moral grammar of struggles for recognition. Analyzing his theory in depth, the article shows that Honneth underestimates the violent power of ideological discourse in marginalizing and excluding society’s others, e.g. cultural minorities. It then puts forward an alternative approach based on Ricœur’s creative and original (...) reflections on ideology and utopia. For the incorporation of cultural minorities to occur, the symbolic order of society needs to be critiqued, transformed and expanded. From this perspective, the author highlights the subversive and transformative strength of utopian counter-narratives. The latter form a vital resource for cultural minorities in their struggle for recognition. (shrink)

Deliberative processes provide an important alternative input to environmental politics as they may, in contrast to often used market simulations, provide an arena for 1) discussion of lay participants’ values, 2) articulating arguments grounded in other values than consequentialistic, and 3) capturing weakly comparable values. A case study of a Citizens’ Jury (CJ) on genetically modified plants was used to investigate how the framing of the process affected the attitude formation among the citizens. The formal set up of this specific (...) CJ made value discussions less relevant. While it opened for value plurality, it failed to facilitate the articulation of weakly comparable values. (shrink)

Phenomenology has been adapted for use in qualitative health research, where it’s often used as a method for conducting interviews and analyzing interview data. But how can phenomenologists study subjects who cannot accurately reflect upon or report their own experiences, for instance, because of a psychiatric or neurological disorder? For conditions like these, qualitative researchers may gain more insight by conducting observational studies in lieu of, or in conjunction with, interviews. In this article, we introduce a phenomenological approach to conducting (...) this kind of observational research. The approach relies on conceptual grounding to focus a study on specific aspects of the participants’ experiences. Moreover, the approach maintains the openness to novel discoveries that qualitative research requires while also providing a structured framework for data collection and analysis. To illustrate its practical application, we use examples of hemispatial neglect—a neurologic disorder in which patients characteristically lack awareness of their own illness and bodily capacities. However, the approach that we describe can be applied more broadly to the study of complex illness experiences and other experiential alterations. (shrink)

During the last decades several tools have been developed to anticipate the future impact of new and emerging technologies. Many of these focus on ‘hard,’ quantifiable impacts, investigating how novel technologies may affect health, environment and safety. Much less attention is paid to what might be called ‘soft’ impacts: the way technology influences, for example, the distribution of social roles and responsibilities, moral norms and values, or identities. Several types of technology assessment and of scenario studies can be used to (...) anticipate such soft impacts. We argue, however, that these methods do not recognize the dynamic character of morality and its interaction with technology. As a result, they miss an important opportunity to broaden the scope of social and political deliberation on new and emerging technologies.In this paper we outline a framework for building scenarios that enhance the techno-moral imagination by anticipating how technology, morality and their interaction might evolve. To show what kind of product might result from this framework, a scenario is presented as an exemplar. This scenario focuses on developments in biomedical nanotechnology and the moral regime of experimenting with human beings. Finally, the merits and limitations of our framework and the resulting type of scenarios are discussed. (shrink)

In this paper I argue that the distinction between epistemic privilege and epistemic authority is an important one for feminist epistemologists who are sympathetic to feminist standpoint theory, I argue that, while the first concept is elusive, the second is really the important one for a successful feminist standpoint project.

This literature review of professionalism was prepared by San Jose State University graduate student Marianne Allison as a research committee project of the Mass Communication and Society Division, Association for Education in Journalism and Mass Communication. The project was prepared under the guidance of Professor Diana Stover Tillinghast. It reviews the literature on two approaches to professionalism in general and of the professionalism of journalists in particular: the ?structural?functionalist approach?; and the ?power approach.?; Traditional and recent discussions of the (...) nature of professionalism in occupational sociology are presented. Studies of the professionalism of journalists both in the United States and cross?culturally are critiqued. The paper suggests several areas of fruitful research, and contains an extensive bibliography. (shrink)

In the midst of the 2020 pandemic produced by an invisible virus, words bring the world near. Words come in from a threatening outside, even as their use turns those who are inside outward. Speech practices reconfigure work and non-work, while politics, like language, turns inside-out.

What are modernities? Can they be critical? What could it mean to imagine law beyond liberalism? This Article considers these questions from within the admittedly-limited scope of law and society in the United States. It argues, using an example drawn from a contemporary state law regulating the practice of law, that the "order of things" has changed. The systematicity of knowledge of modern law links it to the conditions of a sociological society whose stability involves both the management of risk (...) and the prevention of crisis. When interventions such as this Article — in common with modern law—seek to address the critical condition of a modern society and to avert crises in it, such interventions may paradoxically justify and reinforce the very tactics and terms of the expressive environment or system that constitutes modern sociological society. (shrink)

This inquiry focuses on the problem of human freedom in the thought of Augustine and two of his early critics, John Cassian and Faustus of Riez. Two issues are of primary importance: the issue concerning the nature of free choice of will, and the issue concerning how free choice of will is to be reconciled with divine election. These issues arise as a result of a change that occurred in Augustine's thinking on human freedom in 396, the year that he (...) grasped the true significance of Paul's doctrine of divine election. To Augustine that doctrine entailed that the will's movement towards the Good was only possible if divine Good Itself worked within the fallen will to make it good. Cassian and Faustus, however, questioned how Augustine could affirm the reality of free choice of will when he insisted that the fallen moral agent lacked the natural ability to do good. ;In order to come to terms with this dilemma, this inquiry views Augustine's later doctrine of human freedom as a form of classical Christian compatibilism. Beginning with H. A. Wolfson's observation that in the Pelagian Controversy Augustine Christianized the pagan Stoic doctrine of fate, the study seeks to develop the implications of this observation in the context of the semi-Augustinian Controversy . Thus it attempts to carry out a task that Wolfson himself had intended to undertake but had never in fact been able to accomplish. ;In keeping with this objective, the inquiry develops Wolfson's claim by situating Augustine's response to the semi-Augustinians against the background of two key texts: Cicero's De fato and Augustine's De civitate dei . A careful study of these texts indicates not only a remarkable similarity between Chrysippus' and Augustine's solution to the problem of human freedom but also Augustine's own awareness of his indebtedness to the Stoics. With this background in mind, the inquiry proceeds, initially, to unravel Augustine's doctrine of human freedom and, subsequently, to view it in relation to Cassian's and Faustus' doctrine of human freedom. After drawing out the implications of these three doctrines of human freedom, a concluding chapter calls attention to the fact that Stoicism exerted a much more pervasive influence on the development of Augustine's doctrine of human freedom than has hitherto been suspected. (shrink)

The Hebrew Bible provides a rich language and manifold images of describing the beginning of life. It does not determine the status of the embryo in a technical way, but reflects general human experiences with the indeterminacy of prenatal life. Its attitude towards the beginning of life is always multi-dimensional, combining physical, personal, social and transcendental perspectives. The tension between theological explanations and human responsibility is reflected both in the Hebrew Bible and in modern bioethical discussions. Although texts like 1 (...) Sam 1-2 and Ps 139,13-16 were written in a completely different context, their way of speaking about this tension shows parallels with current themes. (shrink)

At Juvenal 5.141-45, Virro distributes a curious series of presents to the children of his impoverished client Trebius: a viridis thorax, nuts, and an as. Through an exploration of the connotations attached to these gifts, I argue that the scene provides a vivid mise en abyme for the rest of the poem. Just as the dinner offered to Trebius is not only meager but transforms him into a buffoon, the presents given to his children are both mean and perverse. In (...) particular, the viridis thorax has un-Roman and effeminate connotations akin to the description of patronage as a sexual perversion in Satire 9. (shrink)

The widows of the Pastoral Epistles have been a puzzle for interpreters for generations. In the “Widows’ Tale” different categories of women are given a whole set of instructions, including how they shall be organized and with whom to live. In this article, I will highlight the interpretative potential of the very last verse of the paragraph, where “a believing woman who has widows” is mentioned. In some important manuscripts, scribes have added “believing man” in v. 16, while others have (...) left out the woman altogether. What can these disagreements and changes tell? I will argue that not enough scholarly attention has been directed to this verse. There is huge potential for a new understanding of the whole paragraph hidden here. Attention to alternative housing arrangements and manuscript variations will be employed as interpretative tools. I will use the disagreement among scribes to rethink variety and difference, and to reimagine ekklēsia within intersectional early Christian households. (shrink)

While the season of Lent often prompts introspection, the various biblical texts set for Lent call not for a turning inward, but a turning again to God with renewed trust and gratitude for the steadfast love and faithfulness of God. Jesus' death is the supreme example of the love of the God who has a steadfast commitment to deliver his people from captivity, whether captivity in Egypt, or captivity to sin and death.

In the advertising discourse of human genetic database projects, of genetic ancestry tracing companies, and in popular books on anthropological genetics, what I refer to as the anthropological gene and genome appear as documents of human history, by far surpassing the written record and oral history in scope and accuracy as archives of our past. How did macromolecules become "documents of human evolutionary history"? Historically, molecular anthropology, a term introduced by Emile Zuckerkandl in 1962 to characterize the study of primate (...) phylogeny and human evolution on the molecular level, asserted its claim to the privilege of interpretation regarding hominoid, hominid, and human phylogeny and evolution vis-à-vis other historical sciences such as evolutionary biology, physical anthropology, and paleoanthropology. This process will be discussed on the basis of three key conferences on primate classification and evolution that brought together exponents of the respective fields and that were held in approximately ten-years intervals between the early 1960s and the 1980s. I show how the anthropological gene and genome gained their status as the most fundamental, clean, and direct records of historical information, and how the prioritizing of these epistemic objects was part of a complex involving the objectivity of numbers, logic, and mathematics, the objectivity of machines and instruments, and the objectivity seen to reside in the epistemic objects themselves. (shrink)

Pour compléter ce numéro et afin de souligner son actualité, nous avons souhaité échanger avec Marianne Amar, historienne, responsable du département de la recherche au Musée National de l’Histoire de l’Immigration (Palais de la Porte-Dorée, Paris). L’entretien s’est tenu le 26 juin 2019 et a duré une heure trente. Comme convenu en juin, Marianne Amar a complété ses propos quelques mois plus tard pour présenter les projets actuels du musée sur le thème « femmes et genre en migration (...) ». Linda... (shrink)

With disagreement, doubts, or ambiguous grounds in end–of-life decisions, doctors are advised to involve a clinical ethics committee. However, little has been published on doctors’ experiences with discussing an end-of-life decision in a CEC. As part of the quality assurance of this work, we wanted to find out if clinicians have benefited from discussing end-of-life decisions in CECs and why. We will disseminate some Norwegian doctors’ experiences when discussing end-of-life decisions in CECs, based on semi-structured interviews with fifteen Norwegian physicians (...) who had brought an end-of-life decision case to a CEC. Almost half of the cases involved conflicts with the patients’ relatives. In a majority of the cases, there was uncertainty about what would be the ethically preferable solution. Reasons for referring the case to the CEC were to get broader illumination of the case, to get perspective from people outside the team, to get advice, or to get moral backing on a decision already made. A great majority of the clinicians reported an overall positive experience with the CECs’ discussions. In cases where there was conflict, the clinicians reported less satisfaction with the CECs’ discussions. The study shows that most doctors who have used a CEC in an end-of-life decision find it useful to have ethical and/or legal aspects illuminated, and to have the dilemma scrutinized from a new perspective. A systematic discussion seems to be significant to the clinicians. (shrink)

La photographie des deux gardiens du camp de Buchenwald, signée Lee Miller, tranche dans l’iconographie traditionnelle des camps de concentration. Photographie de combat, qui s’intéresse à l’ennemi, elle refuse la neutralité de la photographie documentaire et le style compassionnel qui privilégie les victimes depuis les années 1930. Mais cette photographie doit aussi se regarder comme un miroir. À travers la violence, la domination de l’ennemi et le voyeurisme qui sont au coeur de son dispositif, l’image dessine le portrait d’une femme (...) archétype de la beauté, qui choisit de faire la guerre en homme et en soldat, pour rompre avec son passé et une identité féminine traditionnelle qui l’enferme et la contraint. (shrink)