Legal responses to battered women who kill have long animated scholarly debate and law reform activity. In September 2012 after 47 years of alleged abuse, Frenchwoman Jacqueline Sauvage fatally shot her abusive husband three times in the back. The subsequent contested trial, conviction for murder, unsuccessful appeal and later presidential pardon of Sauvage thrust the French law of self-defence into the spotlight. The Sauvage case raises important questions surrounding the adequacy of the French criminal law in this area, the ongoing (...) proliferation of gendered stereotypes in law and the need for reform. In the wake of the Sauvage case, this article provides a timely analysis of the gendered law of self-defence in France. Drawing from an in-depth analysis of the judgments imposed in the Sauvage case, this article examines the adequacy of French legal responses to battered women who kill and ignites an argument for further law reform. (shrink)

According to the realist, the meaning of a declarative, non-indexical sentence is the condition under which it is true and the truth-condition of an undecidable sentence can obtain or fail to obtain independently of our capacity, even in principle, to recognize that it obtains or that fails to do so.1 In a series of papers, beginning with “Truth” in 1959, Michael Dummett challenged the position that the classical notion of truth-condition occupied as the central notion of a theory of meaning, (...) and proposed that it should be replaced by the anti-realist (and intuitionistic) notion of assertability-condition. Taken together with normalization results obtained by Dag Prawitz, Dummett’s work truly opened up the anti-realist challenge at the level of proof-theoretical semantics.2 There has been since numerous rejoinders from partisans of classical logic, which were at times met with by attempts at watering down the anti-realist challenge, e.g., by arguing that anti-realism does not necessarily entail the adoption of intuitionistic logic. Only a few anti-realists, such as Crispin Wright and Neil Tennant, tried to look instead in the other direction, towards a more radical version of anti-realism which would entail deeper revisions of classical logic than those recommended by intuitionists.3 In this paper, which is largely programmatic, we shall also argue in favour of a radical anti-realism which would be a genuine alternative to the traditional anti-realism of Dummett and Prawitz. The debate about anti-realism has by now more or less run out of breath and we wish to provide it with a new lease on life, by taking into account the profound changes that took place in proof theory during the intervening years. We have in mind in particular the considerable development within Gentzen-style proof theory of non-classical, substructural logics other than intuitionistic logic, which seriously opens up the possibility that anti-realism, when properly understood, might end up justifying another logic, and the development of closer links between proof theory and computational complexity theory that has renewed interest in a radical form of anti-realism, namely strict finitism. (shrink)

Ranging from miniaturized biological robots to organoids, multi-cellular engineered living systems (M-CELS) pose complex ethical and societal challenges. Some of these challenges, such as how to best distribute risks and benefits, are likely to arise in the development of any new technology. Other challenges arise specifically because of the particular characteristics of M-CELS. For example, as an engineered living system becomes increasingly complex, it may provoke societal debate about its moral considerability, perhaps necessitating protection from harm or recognition of positive (...) moral and legal rights, particularly if derived from cells of human origin. The use of emergence-based principles in M-CELS development may also create unique challenges, making the technology difficult to fully control or predict in the laboratory as well as in applied medical or environmental settings. In response to these challenges, we argue that the M-CELS community has an obligation to systematically address the ethical and societal aspects of research and to seek input from and accountability to a broad range of stakeholders and publics. As a newly developing field, M-CELS has a significant opportunity to integrate ethically responsible norms and standards into its research and development practices from the start. With the aim of seizing this opportunity, we identify two general kinds of salient ethical issues arising from M-CELS research, and then present a set of commitments to and strategies for addressing these issues. If adopted, these commitments and strategies would help define M-CELS as not only an innovative field, but also as a model for responsible research and engineering. (shrink)

Fifty-seven outstanding black-and-white photographs from the central California coast and Sierra reflect the author's special relationship with the coastline of California, as well as capture vivid images from the deserts of California and the Southwest.

The problems of racism and racially motivated violence in predominantly African American communities in the United States are complex, multifactorial, and historically rooted. While these problems are also deeply morally troubling, bioethicists have not contributed substantially to addressing them. Concern for justice has been one of the core commitments of bioethics. For this and other reasons, bioethicists should contribute to addressing these problems. We consider how bioethicists can offer meaningful contributions to the public discourse, research, teaching, training, policy development, and (...) academic scholarship in response to the alarming and persistent patterns of racism and implicit biases associated with it. To make any useful contribution, bioethicists will require preparation and should expect to play a significant role through collaborative action with others. (shrink)

In medical research, the ethical principle of respect for persons is operationalized into the process of informed consent. The consent tools should be contextualized and adapted to the different socio-cultural environment, especially when research crosses the traditional boundaries and reaches poor communities. We look at the challenges experienced in the malaria Quinact trial, conducted in the Democratic Republic of Congo, and describe some lessons learned, related to the definition of acceptable representative, the role of independent witness and the impact of (...) socio-economic vulnerability. To ensure children's protection, consent is required by the parents or, in their absence, by a legally mandated representative. In our setting, children's responsibility is often entrusted permanently or temporarily to relatives or friends without a tribunal mandate. Hence, a notion of ‘culturally acceptable representative’ under supervision of the local Ethics Committee may be more suitable. To ensure protection of illiterate subjects, an independent witness is required to confirm that the consent was freely given. However, in low-literacy contexts, potential witnesses often don't have any previous relationship with patient and there may be power-unbalance in their relationship, rather than genuine dialogue. In poor communities, trial participation may be seen as an opportunity to secure access to healthcare. Poverty may also lead to ‘competition’ to access the research-related benefits, with a risk of disturbance at societal or household level. Adjusting consent procedures to sociocultural and socioeconomic realities is essential for fulfilling the underlying ethical principles. This requires a collaborative dialogue between researchers, regulators and ethics committees. (shrink)

The question of responsibility plays a critical role not only in our attempts to resolve social and political problems, but in our very conceptions of what those problems are. Who, for example, is to blame for apartheid in South Africa? Is the South African government responsible? What about multinational corporations that do business there? Will uncovering the "true facts of the matter" lead us to the right answer? In an argument both compelling and provocative, Marion Smiley demonstrates how attributions (...) of blame—far from being based on an objective process of factual discovery—are instead judgments that we ourselves make on the basis of our own political and social points of view. She argues that our conception of responsibility is a singularly modern one that locates the source of blameworthiness in an individual's free will. After exploring the flaws inherent in this conception, she shows how our judgments of blame evolve out of our configuration of social roles, our conception of communal boundaries, and the distribution of power upon which both are based. The great strength of Smiley's study lies in the way in which it brings together both rigorous philosophical analysis and an appreciation of the dynamics of social and political practice. By developing a pragmatic conception of moral responsibility, this work illustrates both how moral philosophy can enhance our understanding of social and political practices and why reflection on these practices is necessary to the reconstruction of our moral concepts. (shrink)

First translated into English in 1991, God Without Being continues to be a key book for discussions of the nature of God. This second edition contains a new preface by Marion as well as his 2003 essay on Thomas Aquinas.

Jean Bodin, renowned for his powerful intellect and breadth of knowledge, was truly a renaissance man. His works on political and legal thought set him apart as one of the most brilliant minds of the period. Although he is perhaps less known for his writing on religious questions of his day, his _Colloquium_ remains a unique contribution to religious dialogue. It circulated in its Latin manuscript form, but it was not published until the nineteenth century. Marion Leathers Kuntz offers (...) the first English translation of this masterpiece. Structured as a conversation among a Catholic, a Jew, a Lutheran, a Calvinist, a Muslim, a skeptic, and a philosophical naturalist, the _Colloquium _encourages religious tolerance and poses challenging questions for anyone interested in the nature of religious and philosophical thought. Kuntz’s introduction, translation, and annotations situate the volume both as a historical work and as a timeless chronicle of the tensions among religion, philosophy, science, faith, doubt, and empirical evidence. (shrink)

Natural kinds is a widely used and pivotal concept in philosophy – the idea being that the classifications and taxonomies employed by science correspond to the real kinds in nature. Natural kinds are often opposed to the idea of kinds in the human and social sciences, which are typically seen as social constructions, characterised by changing norms and resisting scientific reduction. Yet human beings are also a subject of scientific study.Does this mean humans fall into corresponding kinds of their own? (...) In The Epistemology and Morality of Human Kinds Marion Godman defends the idea of human kinds. She first examines the scientific use and nature of human kinds, considering the arguments of key philosophers whose work bears upon human kinds, such as Ian Hacking, John Searle, Richard Boyd and Ruth Millikan. Using the examples of gender, ethnic minorities and Buddhism she then argues that human kinds are a result of ongoing historical reproduction, chiefly due to pre-existing cultural models and social learning. Her novel argument shifts the focus away from the reductionism characteristic of research about human kinds. Instead, she argues that they are “multiply projectable” and deserving of scientific study not in spite of, but because of their role in explaining our identity, injustice and the emergence of group rights. (shrink)

À une époque où la réflexion trinitaire connaît une certaine élaboration, Eckhart souligne qu’elle est encore insuffisante. Aussi allie-t-il théorie et pratique pour expliquer que la bullitio, le bouillonnement de la vie trinitaire, compte une e bullitio qui, sur le plan anthropologique, se traduit par la naissance de Dieu dans l’âme. Ainsi articule-t-il théologie trinitaire et anthropologie et, pour mieux se faire comprendre, il présente un résumé de sa pensée dans le Poème intitulé Granum sinapis.

Este artículo, después de las observaciones preliminares, expone dos cuestiones, a saber, si las Locutiones in Hepateucum de Agustín están completas y cuál era el propósito de esta obra.

Events in the US in 2020 have laid bare the reality that racism and its effects continue to take a heavy toll on the lives of Black Americans. The three articles in this issue of AJOB each provide...

One of the central worries raised in relation to ecological restoration concerns the problem of authenticity. Robert Elliot, for example, has argued that restoration “fakes nature.” On this view, restoration is like art forgery: it deceptively suggests that its product was produced in a certain way, when in fact, it was not. Restored landscapes present themselves as the product of “natural processes,” when in actuality, they have been significantly shaped by human intervention. For Elliott, there seem to be two sources (...) of inauthenticity in ecological restoration: first, the restored landscape is inauthentic because its natural genealogy has been disrupted by the intervention of humans: it has lost its authentic natural identity; second, the restored landscape is inauthentic because it pretends to be something it is not: it obscures its own history. We argue that the first sense of authenticity is problematic; however, the second concern—about obscuring history—is important. Case studies involving the naturalization of former military lands can be used to tease out more fully the ways in which landscapes can be “inauthentic” by misleading observers about their genealogy. In such landscapes, it is not departure from “the original” per se that is the source of inauthenticity; rather, restored landscapes fail to be authentic when they deceptively obscure critical elements of their past. (shrink)

Milner’s great study, first published in 1950, discusses the nature of creativity and those forces which prevent its expression. In focusing on her own beginner’s efforts to draw and paint, she analyses not the mysterious and elusive ability of the genius but – as the title suggests – the all too common and distressing situation of ‘not being able’ to create. With a new introduction by Janet Sayers, this edition of _On Not Being Able to Paint_ brings the text to (...) the present generation of readers in the fields of psychoanalysis, education and all those, specialist and general audiences alike, with an interest or involvement in the creative process and those impulses impeding it in many fields. (shrink)

Along with Husserl's Ideas and Heidegger's Being and Time, Being Given is one of the classic works of phenomenology in the twentieth century. Through readings of Kant, Husserl, Heidegger, Derrida, and twentieth-century French phenomenology (e.g., Merleau-Ponty, Levinas, and Henry), it ventures a bold and decisive reappraisal of phenomenology and its possibilities. Its author's most original work to date, the book pushes phenomenology to its limits in an attempt to redefine and recover the phenomenological ideal, which the author argues has never (...) been realized in any of the historical phenomenologies. Against Husserl's reduction to consciousness and Heidegger's reduction to Dasein, the author proposes a third reduction to givenness, wherein phenomena appear unconditionally and show themselves from themselves at their own initiative. Being Given is the clearest, most systematic response to questions that have occupied its author for the better part of two decades. The book articulates a powerful set of concepts that should provoke new research in philosophy, religion, and art, as well as at the intersection of these disciplines. Some of the significant issues it treats include the phenomenological definition of the phenomenon, the redefinition of the gift in terms not of economy but of givenness, the nature of saturated phenomena, and the question “Who comes after the subject?” Throughout his consideration of these issues, the author carefully notes their significance for the increasingly popular fields of religious studies and philosophy of religion. Being Given is therefore indispensable reading for anyone interested in the question of the relation between the phenomenological and the theological in Marion and emergent French phenomenology. (shrink)

Transcending the standard critique of the politically correct university, Marion Montgomery reveals the ancient sources of our educational chaos. There can be no reform, he insists, without a new openness to the truth of things, which marks the character and work of the good teacher.

Recently, international funding agencies and practitioners in the area of corporate social responsibility and small and medium enterprises have argued that microfinance institutions could promote the adoption of environmentally friendly business practices in microenterprises in developing countries. This article explores the potential and limitations of MFIs in promoting the spread of environmental risk management techniques and practices in microenterprises using a case study of an MFI-sponsored pilot program in this area in El Salvador. The author argues that caution should be (...) exercised about the role that MFIs can play in relation to inducing change to the environmentally harmful practices of micro-entrepreneurs. In fact, this study reveals that the MFI had some difficulties in building internal skills and reconciling its environmental and performance objectives, limiting its ability to assist microenterprises in the area of environmental management. Furthermore, the pilot program, as it was designed, did not sufficiently take into account the psychological and financial barriers that constrain micro-entrepreneurs’ capacity to engage in any meaningful environmental behavior change. Finally, factors such as the lack of an adequate legal framework and local infrastructure also countered the effort of the MFI and limited the potential of microenterprises for effectively engaging in environmental risk management practices. The article concludes by outlining the implications of this analysis for future research, policy, and practice in this area. (shrink)

The Great Chain of Being has been recognized for fifty years as the masterpiece of the History of Ideas movement in America. Lovejoy's work stimulated deeper research into our heritage, which has demonstrated that the idea of the chain of being has not lost its vitality. However, Lovejoy would probably be surprised that hierarchy is now defended in philosophy of science, in ontology and metaphysics, in ethics and aesthetics, and in philosophical anthropology. This volume presents concepts of hierarchy and the (...) great chain of being from Plato, Aristotle, Plotinus, medieval and Renaissance thinkers, Hindu philosophy, and authors of the twentieth century. This volume represents the ideas of twenty scholars, among whom are Dominic O'Meara, Ronald Hathaway, Ewert Cousins, John Sommerfeldt, Lewis Ford, David Blumenthal, and Marion and Paul Kuntz. The editors have compiled a bibliography of four hundred and fifty items and an index of names, places, and concepts which allow the reader immediate access to the variety as well as the unity of ideas. (shrink)