BackgroundEven though virtual reality is more and more considered for its power of distraction in different medical contexts, the optimal conditions for its use still have to be determined in order to design interfaces adapted to therapeutic support in oncology.ObjectiveThe objective of this study was to examine the benefits of VR using two immersion methods and comparing them with each other in a population of women with breast cancer who have undergone breast surgery, during scar massage sessions.MethodsIn a physiotherapy center, (...) each patient participated in four experimental conditions in a random order: two sessions used virtual immersion, one session proposed musical listening and the fourth one was a standard session care. The impact of the level of patient involvement in the virtual world was apprehended through the evaluation of the feeling of presence; the estimation of elapsed time of the physiotherapy sessions and particular attention was paid to the evaluation of patient emotional state.ResultsOur study showed an increase in positive emotions and a decrease in anxiety regardless which support methods were offered. Participatory VR created a feeling of more intense spatial presence.ConclusionOur results highlight the importance of the context in which VR should be offered. The presence of the practitioner and his interactions with the patient can provide a context just as favorable in reducing anxiety as the emotional regulation tools used. The use of technological tools should be favored when the practitioner is unavailable during the treatment phase or, even, in order to reduce the monotonous nature of repetitive therapeutic sessions. (shrink)

Criminal offenders may be offered to participate in voluntary rehabilitation programs aiming at correcting undesirable behaviour, as a condition of early release. Behavioural treatment may include direct intervention into the central nervous system (CNS). This article discusses under which circumstances voluntary rehabilitation by CNS intervention is justified. It is argued that although the context of voluntary rehabilitation is a coercive circumstance, consent may still be effective, in the sense that it can meet formal criteria for informed consent. (...) Further, for a consent to be normatively valid (“take the wronging out of the act”) under a coercive circumstance, the subject to be treated must (1) have the sovereign authority to consent, and (2) the offer-giver must be in the right normative position to make the offer. While I argue that subjects do have the sovereign authority to consent to treatment, I also argue that inappropriate offers yield invalid consents. Considerations on inappropriate offers should therefore inform which kinds of CNS intervention-based rehabilitation schemes the state may propose as part of the criminal justice system. Yet as I conclude in this paper, while there are some intrinsic constraints on voluntary rehabilitation programs, the main constraints on voluntary rehabilitation are likely to be contingent overriders. However, CNS intervention is not ruled out as such in the context of voluntary rehabilitation. (shrink)

How should feminists view acts of self-sacrifice performed by women? According to a long-standing critique of care ethics such acts ought to be viewed with scepticism. Care ethics, it is claimed, celebrates acts of self-sacrifice on the part of carers and in doing so encourages women to choose caring for others over their own self-development. In doing so, care ethics frustrates attempts to liberate women from the oppression of patriarchy. Care ethicists have responded to this critique by noting limits on (...) the level, form, or scope of self-sacrifice that work to restrict its role in their theories. While we do not here take issue with the initial feminist critiques of self-sacrifice, we suspect that the strategies offered by Care ethicists in response are importantly flawed. Specifically, these responses undervalue the positive roles that self-sacrifice can play in fighting patriarchal oppression. As a result, in attempting to restrict an oppressive norm, these responses risk foreclosing on valuable means of resistance. Our aim is to explore these positive roles for self-sacrifice and thereby rehabilitate its standing with feminists. (shrink)

Nirbhaya, Asifa, Manisha Valmiki, and the list of victims, (be it women, children or men) in India goes on. There is myriad of legislations enacted in the past to curb the offences, but the crimes in the society seem to be unstoppable. During the COVID time, in the lockdown too, the crimes continued to take place. There were several instances of domestic violence and rapes heard in news. Many instances of suicides were reported. It is really difficult to understand what (...) place in the country is safe for the existence and peaceful survival of any person? The question that arises is whether a victim who comes before the court is provided with the adequate relief? Has the Judiciary or the Parliament done something with this regard? Does the concept of compensatory jurisprudence exist in India? What more is required to be done to enhance the position of victims and rehabilitate them? The research article shall look into the concept of compensatory jurisprudence with respect to India and other nation states as well. There are prevailing enormous laws which discuss about the punishment to be given to the accused person guilty to have committed crime, but unfortunately, there is no specific law regarding the steps to be taken to rehabilitate a victim who has been the subject matter of any crime. The research paper shall deal with various aspects and try to analyse laws or rules, if any, existing with regard to the protection of victims in India or around the globe. It shall also try to look into the role that the States play in rehabilitating and compensating the sufferers and victims of various crimes. The article shall conclude with suggestions as to how the research gaps related to victim reparation be filled. (shrink)

BackgroundChronic airway diseases are prevalent and costly conditions. Interdisciplinary rehabilitation programs that include Acceptance and Commitment-based components could be important to tackle the vicious circle linking progression of the disease, inactivity, and psychopathological symptoms.MethodsA retrospective evaluation of routinely collected data of an interdisciplinary rehabilitation program was performed. The program included group sessions including patient education, breathing exercise, occupational therapy and an ACT-based psychological treatment, and individual sessions of physical therapy. Demographic data, clinical characteristics of the patients and the (...) values of outcome variables before treatment, at discharge, at 3 months, and at 6 months were extracted from medical records. Multiple imputation was employed to address missing data. Linear mixed models were employed to assess changes over time. Multivariable logistic regression was performed to assess predictors of a minimum clinically important change of health status from baseline to the 6-months follow-up.ResultsData from 31 patients with chronic obstructive pulmonary disease and 12 patients with bronchiectasis were extracted. Health status improved from baseline to discharge to the 3 months follow-up, but not to the 6 months follow-up. Anxiety and depression improved across all the time points. Quality of life did not improve over time. Having a worse health status at baseline and fewer depressive symptoms were significantly associated with achieving a minimum clinically important change of health status at 6 months. The effects of the interdisciplinary program were not different for patients with COPD or with bronchiectasis.DiscussionInterdisciplinary programs including ACT-based components are promising treatments for the rehabilitation of patients with chronic airway diseases. (shrink)

"Uprightness" was termed the "leitmotiv in the formation of the human organism" by Erwin Straus (1966, p. 139). He felt that without it the human being was certainly doomed to die. Yet, what happens with those who are deprived of their "uprightness" in either the literal or moral sense (as in "not to stoop to anything"), through becoming Dis-abled? Getting up, rising in opposition to the "other" (Allon) implies a moral dimension in the case of human Dis-ability which is tied (...) to the leitmotiv established by the upright posture of anthropos . The suggestion that there is a moral dimension to Disability is a radical notion in a culture whose health professionals have become very sensitive to any idea that suggests we are blaming those who through no fault of their own have become in some way disadvantaged as compared to the mainstream of society. Although the importance of rising in opposition to the world (Allon) was perhaps originally established upon the upright posture quite literally, because man is a sense-making and sense-giving creature, this primordial act which establishes our full humanity may itself be represented and re-enacted in a variety of ways which can and should become the central project of rehabilitation of the body, as opposed to the current emphasis on technique and technological innovation. It is in the changing physiognomy of the Dis-abled person's ruptured world that we may discover the phenomenological sense of Dis-ability. Keywords: Dis-Ability, Uprightness, Rehabilitation CiteULike Connotea Del.icio.us What's this? (shrink)

The Department of Health and Human Services, Office for Civil Rights enforces Section 504 of the 1973 Rehabilitation Act and Title II of the Americans with Disabilities Act. OCR works through complaint investigations and compliance reviews, as well as outreach, technical assistance, and public education to promote voluntary compliance. In the Olmstead decision of June 1999, the Supreme Court held that the ADA’s “integration regulation” requires state and local government to administer services, programs, and activities in the most integrated (...) setting appropriate to the needs of qualified individuals with disabilities. The decision changed the focus from whether a right to more integrated services exists, to under what circumstances and how services will be provided. The New Freedom Initiative announced by President Bush in February 2001 is a broadbased initiative to remove barriers to community living for people with disabilities and promote swift implementation of the Olmstead decision. (shrink)

Youth constitute one third of total population in Nepal. This paper looks at the work and motivation of youth volunteers in disaster management in Nepal in order to evaluate how these ideas and values among the youth played roles in the re-construction of the Nation from the 2015 Earthquake. The study used primary data through group interviews with volunteers of Youth’s UNESCO Club in Kathmandu city who were actively involved in disaster-relief programs at Sindhupalchowk, Kathmandu, Bhaktapur and Ramechhap districts, together (...) with key informant interviews and case studies. Findings from the study shows most youth joined in the volunteer program on their own initiative. They are concerned about issues including personal safety, quality and appropriate training, coordination, wrong attitudes, gender inequality and media coverage. People engaging in similar acts may have different underlying motivations for doing so. Findings from the study shows that mostly, the volunteers are motivated based on their values which are welfare of others or unselfishness. Other underlying motives include opportunity to learn, career prospects, social pressure, to reduce feelings of guilt and enhance one‘s self-esteem. Activities for taking forward their work includes ensuring quality and appropriate training and appropriate gears and tools for search and rescue work, awareness raising, recognition and visibility of their work. Psychosocial counseling is important after rescue operations, as it is important to heal the psychological wounds after an emergency or a critical event. The study suggests involving volunteers in all stages of disaster management planning process. It is a matter of combined responsibility that volunteers are recognized for the contributions and their needs are ensured for them to accomplish their efforts successfully. (shrink)

People with disabilities are often denied equal access to organ transplantation despite long‐standing federal nondiscrimination mandates. Under the Americans with Disabilities Act and the Rehabilitation Act, people cannot be excluded from consideration for organ transplantation because of disability itself, or because of stereotypes or assumptions about the value or quality of life with a disability. Instead, decisions concerning whether an individual is a candidate for organ transplantation should be based on an individualized assessment of the patient and on objective (...) medical evidence. Recent legal developments underscore these basic guarantees and signal a new focus on the policies, practices, and attitudes that continue to compromise equal access to life‐saving organ transplants for people with disabilities. (shrink)

This article explores the ways in which we hold participants in dispersed practices to ethical account for the accumulated consequences of their individual actions over time. This ‘holding to account’ is quite different to that found within centralised practices such as a state or a corporation. In the case of a state, for example, we hold presidents, prime ministers (and others) to account in terms of well understood norms of ethical behaviour internal to the practice. For example, we might accuse (...) them of corruption. In such cases an actor is criticised for failing to adhere to a well understood ethical norm. In dispersed practices, the holding to account is different. Here the allegation is that the participants, through adhering to the ethical norms inherent in the practice, are collectively bringing about an unethical result. Through their doing the ethically right thing, they are bringing about a wrong. Marx's analysis of capitalism can be understood in this way. In the normal day to day activity in a capitalist system, individual buyers and sellers are not doing anything ethically wrong, but the accumulated outcome of their individual actions is ethically (on Marx's analysis) unacceptable. The wrongdoing arises from a failure to understand the structural consequences of the operation of the practice over time. It also arises from a failure to understand and act on the political possibilities of transformation that exist within the practices in question. (shrink)

In "Truth and Politics" Hannah Arendt defends opinion against the judgment of the philosophical tradition. This defense risks misinterpretation as epistemologically nihilistic unless read in conjunction with Arendt's position on facts and acting in concert. What Arendt prizes in opinion is its performative dimension rather than its constative dimension where it falls short of truth. It is opinion as action that Arendt rehabilitates: she subscribes to the philosophical tradition's harsh verdict on the pseudotruths of an anonymous and repressive public opinion. (...) For opinion to be an action, for action to be recognizable as such, there has to be a world beyond each given opinion and action on which they leave a mark. This world, irreducible in its diversity and historical contingency to rational truth, is the arena common to facts and action. To acknowledge the facts is to trust in the testimony of others, but if this trust is not to be gullibility, if it is not to mistake the facts for lies and vice versa, it stands in need of judgment. (shrink)

Background: People with traumatic brain injury face a range of mental health challenges during the adjustment process post-injury, but access to treatment can be difficult, particularly for those who live in regional and remote regions. eHealth provides the potential to improve access to evidence-based psychological therapy for people with a severe TBI. The aim of the current study is to assess the efficacy of a psychological intervention delivered via video consulting to reduce psychological distress in people with TBI.Methods: This paper (...) outlines the protocol for a multi-center, three-arm, parallel, non-inferiority randomized controlled trial of an evidence-based manualized psychological intervention, ACT-Adjust. ACT-Adjust provides nine sessions for adults with a moderate to severe TBI experiencing clinical levels of psychological distress. Fifty-six participants referred from Brain Injury Rehabilitation Units across New South Wales and the NSW icare scheme will be randomly allocated to three conditions; video consulting, face-to-face and, a waitlist control.Discussion: This is the first RCT to evaluate the efficacy of a psychological therapy delivered via video consulting for individuals with a moderate to severe TBI.Trial Registration:www.anzctr.org.au, Australian New Zealand Clinical Trials Registry ANZCTRN2619001602112. (shrink)

Definition of the problem: In order to discuss the normative aspects of euthanasia one has to clarify what is meant by active and passive euthanasia. Arguments and conclusion: Many theoreticians deny the possibility of distinguishing between the two by purely descriptive means, e.g. on the basis of theories of action or the differences between acting and omitting. On the contrary, such a purely descriptive distinction will be defended in this paper by summarizing and refining the theory of Dieter Birnbacher, which (...) he developed in his book Tun und Unterlassen. I will suggest a new definition of active and passive euthanasia. (shrink)

Difficile à lire, connu de réputation pour ses objections aux Méditations de Descartes, sa réhabilitation d'Épicure et des atomes, voire le caractère ambigu de ses relations avec les "libertins", Pierre Gassendi est un personnage un peu flou dans notre galerie de portraits imaginaire. Il fut cependant un auteur important, lu, connu, approuvé ou critiqué dans toute l'Europe, surtout par les savants qui voulaient fonder efficacement leur physique moderne sans renier pour autant les acquis des anciens. Les études réunies ici ont (...) cherché comme la trace et le reflet de l'œuvre de Gassendi dans les écrits d'autres auteurs qui ont vécu de son temps et jusqu'à la fin des Lumières - non seulement en France -, mais aussi en Angleterre (comme Walter Charleton, John Locke, David Hume ou Robert Boyle), en Hollande (professeurs d'Université), en Allemagne (Leibniz), en Pologne (Sociniens et "libertins"), en Italie du Nord (comme le jésuite milanais Thommaso Ceva), en Italie du Sud (comme le fondateur de l'Accademia degli Investiganti Tommaso Cornelio ou Giambattista Vico), en Espagne enfin (comme le médecin Martínez). Aujourd'hui encore Gassendi fait des adeptes parmi ceux que séduisent les chemins non battus de l'effort gratuit et de l'érudition austère, ceux que ravit absolument une certaine esthétique baroque de l'esprit pur. (shrink)

The feeling of acting voluntarily is a fundamental component of human behavior and social life and is usually accompanied by a sense of agency. However, this ability can be impaired in a number of diseases and disorders. An important example is apraxia, a disturbance traditionally defined as a disorder of voluntary skillful movements that often results from frontal-parietal brain damage. The first part of this article focuses on direct evidence of some core symptoms of apraxia, emphasizing those with connections to (...) agency and free will. The loss of agency in apraxia is reflected in the monitoring of internally driven action, in the perception of specifically self-intended movements and in the neural intention to act. The second part presents an outline of the evidences supporting the functional and anatomical link between apraxia and agency. The available structural and functional results converge to reveal that the frontal–parietal network contributes to the sense of agency and its impairment in disorders such as apraxia. The current knowledge on the generation of motor intentions and action monitoring could potentially be applied to develop therapeutic strategies for the clinical rehabilitation of voluntary action. (shrink)

On April 3, 1995, the Fourth Circuit upheld the right of a Maryland hospital to terminate a surgeon who was HIV-positive ). A resident in the University of Maryland Neurosurgical Training Program was dismissed when hospital administrators learned of his infection with HIV. The resident, known as Dr. Doe, claimed that his termination violated federal laws protecting persons with disabilities. The court upheld the hospital's actions as lawful and affirmed the trial court's grant of summary judgment for the hospital.Dr. Doe (...) charged that his dismissal from the training program violated the Rehabilitation Act and the Americans with Disabilities Act. (shrink)

The act of animal killing affects the human psyche in manners that are culturally contingent. Throughout history, societal attitudes towards the taking of animal lives have mostly been based on deference and/or dominion. Postdomestic societies have evolved in fundamentally different ways. Meat production is abundant yet concealed, animals are categorized and stereotyped, and slaughter has become a highly disquieting activity. Increased awareness of postdomestic meat production systems raises a moral polemic and provokes disgust in some consumer segments. Overall, a heterogeneous (...) set of solutions has emerged to deal with the societal upset and cognitive dissonance caused by animal slaughter. This includes the so-called carnism approach, a rise in animal welfare programs, a market demand for reassuring narratives, a rehabilitation of the metier of farmers and butchers, crowd butchering, neo-ritualism and home slaughter, the biotechnological exploration of “cultured meat” and “pain-free meat”, entomophagy, “meatless meat”, and the increasing proliferation of vegan and vegetarian lifestyles. (shrink)

Whether it is morally acceptable to offer rehabilitation by CNS-intervention to criminals as a condition for early release constitutes an important neuroethical question. Bomann-Larsen has recently suggested that such interventions are unacceptable if the offered treatment is not narrowly targeted at the behaviour for which the criminal is convicted. In this article it is argued that Bomann-Larsen’s analysis of the morality of offers does not provide a solid base for this conclusion and that, even if the analysis is assumed (...) to be correct, it still does not follow that voluntary rehabilitation schemes targeting behaviour beyond the act for which a criminal is convicted are inappropriate. (shrink)

This book aims to rehabilitate taking offence. In an era of public criticism of those deemed too easily offended, it is easy to overlook the significance and social value of this emotion. Offence, the book argues, is better understood as a way to defend one’s standing than as a mere expression of hurt feelings. The book defends the significance of offence as one way to resist everyday social inequalities: those details of interactions that, together, pattern social hierarchies. As a result, (...) the defence of offence is of that taken at apparently trivial and small-scale details of social interactions, and so the very form that its opponents find most objectionable. Within societies marred by hierarchies of unequal social standing, and when taken by those who face systematic attributions of lower social standing, an inclination to take offence is a civic virtue. First, this book offers an analysis of offence that depicts a distinctive emotion ripe for moral reappraisal. To take offence resists an affront to one’s social standing and is one way to negotiate the social norms and practices that structure social interactions, often in socially unequal ways. Second, the book defends the significance of our social standing, the cumulative importance of apparently small details of interactions, and offence as an act of insubordination against a social hierarchy. Third, it turns to the limits on when taking offence is justified, addressing jokes, unintentional affronts, disagreement over what counts as offensive, and what we should think of offence that is taken online. (shrink)

Hastings Center Report, Volume 52, Issue 1, Page 21-28, January/February 2022.

Competitive athletes act within cultures of risk in sports and often decide to return to sport despite having acute health problems. The outcomes of such risky return-to-play decisions can not only negatively affect their future health, but also limit their sports performance or even upset their career paths. Following risk-management-decision theory with its focus on active risk defusing, we developed a model for understanding the process of return-to-play decision making from an athlete’s perspective. Based on the method of active information (...) search, a quasi-naturalistic return-to-play decision scenario was created in order to assess amateur team sport athletes’ decision making strategies. The main goals were to identify different information acquisition patterns and to analyze the influence of social pressure to play hurt on decision making. A total of 72 competitive team sport athletes (36 females, 36 males, m= 25.7 years of age, 3rd to 6th league level) out of three disciplines (volleyball, basketball, and handball) participated in the experimental study. Facing the same medical scenario (a partial tear of the supraspinatus tendon), athletes show different approaches to return-to-play decision making. The main focus is on potential sporting consequences of withdrawal from competition due to injury, while only few players favoring well-informed decisions based on thorough risk analysis. The athletes who chose the medically risky alternative to play hurt mostly employed strategies of active risk defusing, which got activated when severe sporting consequences were perceived. Those who chose to withdraw from competition primarily referred to maximin heuristic, particularly when social pressure to play was reduced. The findings can be used to improve rehabilitation. (shrink)

L’essai explore la place et la fonction d’Aristote dans la réflexion philosophique de Ricœur à partir de deux questions : pourquoi les Grecs et pourquoi, parmi les Grecs, Aristote? En ce qui concerne le cours de Montréal, la réponse à cette question réside en premier lieu dans le pouvoir de récapitulation que Ricœur attribue à la pensée aristotélicienne, en soulignant sa dimension constitutivement dialectique. Cette accentuation de la dimension dialectique de la philosophie d’Aristote n’amène pas Ricœur à découper sa pensée (...) en une série de problèmes autonomes : tout au contraire un aspect décisif du cours de 1967 sur la volonté est précisément l’insertion de l’éthique d’Aristote dans le cadre plus général de sa métaphysique, qu’on retrouve aussi dans les ouvrages postérieurs. En développant ces considérations, l’essai relève l’originalité de la position de Ricœur par rapport à la « réhabilitation de la philosophie pratique » aristotélicienne, qui a eu lieu en Allemagne suite à la publication de Vérité et méthode de Gadamer. (shrink)

The intact nervous system has an exquisite ability to modulate the activity of multiple muscles acting at one or more joints to produce an enormous range of actions. Seemingly simple tasks, such as reaching for an object or walking, in fact rely on very complex spatial and temporal patterns of muscle activations. Neurological disorders such as stroke and focal dystonia affect the ability to coordinate multi-joint movements. This article reviews the state of the art of research of muscle synergies in (...) the intact and damaged nervous system, their implications for recovery and rehabilitation, and proposes avenues for research aimed at restoring the nervous system’s ability to control movement. (shrink)

We have a need today to free up the Church in its ability think through and debate its ethical responses to contemporary issues. How do we think about and respond to the issues of crime, punishment and rehabilitation, consumerism - money, banks, economics and bonuses, war and peace making, euthanasia and assisted dying, same sex relationships. etc. ‘We can only act within the world we can envision…. We do not come to see merely by looking, but must develop disciplined (...) skills through initiation into that community that attempts to live faithfully to the story of God…by learning to be faithful disciples, we are more able to see the world as it is.’ Stanley Hauerwas, The Peaceable Kingdom. Ethics provide the cultural and moral framework in which we live our whole lives. Our ethics are like the air we breathe, and though for the most part they go unnoticed, our lives and communities depend on them. But Christian ethics are distinctive. They are not just anyone’s ethics. Indeed, if the Christian vision is not distinct from other moral frameworks, then what is so special about Christ and our story? For many, Jesus has simply become nothing more than a ‘personal’ and ‘private’ motivator to the same common ideals, which are shared by all. So, how do we live distinctively in a time of uncertainty? How do we see the world through the eyes of Christ? What tools do we need for the complex choices that confront us, in order to live well; to live Christ centred lives in the 21st century? This book provides this kind of help in a clearly, written accessible style with discussion questions making this useful for small-group use. (shrink)

C. I. Lewis' action-oriented notion of cognition is consistent with a minimally representational picture of mind. I aim to show why. Toward this end, I explore some of the tensions between Lewis' theory of knowledge and his theory of mind. At face value, the former renders the latter implausible. Among other problems, no agent could act if she were required to entertain the myriad beliefs that Lewis claims figures in the guidance of action. But rather than abandon Lewis' story, I (...) attempt to rehabilitate it. Rehabilitation is possible, I argue, because Lewis isn't claiming that his epistemology describes actual justificatory practices, but rather what an agent could do; the social character of concepts [and meaning] considerably reduces the need for appealing to internal concepts when explaining why an agent does what she does; and among his paradigm cases of cognitive behavior are paradigm cases of nonreflective action. Here's the rub: not only do such actions account for most of our behavior [as Lewis himself notes], nonreflective actions, though cognitive, don't require conceptualization. (shrink)

How can we respond in the aftermath of wrongdoing? How can social trust be restored in the wake of intense political conflict? In this challenging work, philosopher Trudy Govier explores central dilemmas of political reconciliation, employing illustrative material from Rwanda, Sierra Leone, South Africa, Australia, Canada, Peru, and elsewhere. Govier stresses that reconciliation is fundamentally about relationships. Whether through means of truth commissions, apologies, community processes, or criminal trials, the basic goal of reconciliation is improved social trust among alienated individuals (...) and groups. A major strength of Govier's approach is her creative practical framework for reflection. She explains that people should not to be identified with the roles they may have played, and she points out that, with reference to wrongs committed in political conflicts, individuals often play several roles. The perpetrators of some acts can be the victims of others; the victims in some circumstances may become responsive interveners in others. Rare is the political conflict in which one group commits all wrongs. Govier argues that, to build social trust and sustainable peace, acknowledgment of past wrongs is crucial. The need for mutuality in acknowledgment is an underappreciated aspect of the aftermath of conflicts. She further examines the themes of responsibility ; apology; forgiveness; reparations; the rehabilitation of child soldiers; the problems of monetary compensation; and truth-telling and truth commissions. Govier's lucid style and willingness to explore counterarguments make this a lively and thought-provoking work. (shrink)

What would we say about the losses associated with war if we did not describe them as sacrifices? What would we say about Jesus’ life and death if we did not associate the Gospel narratives with a cosmic framework of sacrificial self giving? This article first explores and exposes the interpenetration of the ethos, institutions and culture of militarism in the United States’ culture at large. The somewhat heightened awareness regarding US ‘war-culture’ leads to questions regarding its supporting pillars and (...) dynamics. Thus, second, the article investigates the rhetoric and practices of sacrifice that act as an electrical current running between war-culture and popular understandings and practices of Christianity in the United States of America. Frameworks of sacrifice both animate war-culture and simultaneously mask its operations with a sacred canopy. Consequently, we must face the difficult but all-important question: is there any way to rehabilitate understandings of sacrifice for Christianity without at the same time aiding and abetting war-culture? (shrink)

The passage of the Servicemen’s Readjustment Act of 1944 — or GI Bill — opened up a dialogue about men’s physical and mental health, for it addressed very directly what ordinary men would need to recover from extraordinary violence. Political leaders identified veterans’ “welfare,” by which they meant general well-being, as a top priority of World War II’s recovery, and the GI Bill was the centerpiece of their agenda. The bill’s passage was an impressive legislative triumph, the collective product of (...) massive medical, legal, and social science research, bipartisan politicking, and veterans’ activism. It provided education, housing, and small business assistance, along with mental and physical rehabilitation in government-funded hospitals. All of these programs, whether they served mind, body, or wallet, amounted to welfare — a set of government-sponsored policies and services designed to aid a soldier’s transition from enlisted man to healthy, productive citizen. Thus we have to think about the broad reach of the GI Bill’s welfare provision as one of the health legacies of World War II. (shrink)

The human masticatory system is a complex functional unit characterized by a multitude of skeletal components, muscles, soft tissues, and teeth. Muscle activation dynamics cannot be directly measured on live human subjects due to ethical, safety, and accessibility limitations. Therefore, estimation of muscle activations and their resultant forces is a longstanding and active area of research. Reinforcement learning (RL) is an adaptive learning strategy which is inspired by the behavioral psychology and enables an agent to learn the dynamics of an (...) unknown system via policy-driven explorations. The RL framework is a well-formulated closed-loop system where high capacity neural networks are trained with the feedback mechanism of rewards to learn relatively complex actuation patterns. In this work, we are building on a deep RL algorithm, known as the Soft Actor-Critic, to learn the inverse dynamics of a simulated masticatory system, i.e., learn the activation patterns that drive the jaw to its desired location. The outcome of the proposed training procedure is a parametric neural model which acts as the brain of the biomechanical system. We demonstrate the model’s ability to navigate the feasible three-dimensional (3D) envelope of motion with sub-millimeter accuracies. We also introduce a performance analysis platform consisting of a set of quantitative metrics to assess the functionalities of a given simulated masticatory system. This platform assesses the range of motion, metabolic efficiency, the agility of motion, the symmetry of activations, and the accuracy of reaching the desired target positions. We demonstrate how the model learns more metabolically efficient policies by integrating a force regularization term in the RL reward. We also demonstrate the inverse correlation between the metabolic efficiency of the models and their agility and range of motion. The presented masticatory model and the proposed RL training mechanism are valuable tools for the analysis of mastication and other biomechanical systems. We see this framework’s potential in facilitating the functional analyses aspects of surgical treatment planning and predicting the rehabilitation performance in post-operative subjects. (shrink)

The Parallax View is Slavoj Zizek's most substantial theoretical work to appear in many years; Zizek himself describes it as his magnum opus. Parallax can be defined as the apparent displacement of an object, caused by a change in observational position. Zizek is interested in the "parallax gap" separating two points between which no synthesis or mediation is possible, linked by an "impossible short circuit" of levels that can never meet. From this consideration of parallax, Zizek begins a rehabilitation (...) of dialectical materialism.Modes of parallax can be seen in different domains of today's theory, from the wave-particle duality in quantum physics to the parallax of the unconscious in Freudian psychoanalysis between interpretations of the formation of the unconscious and theories of drives. In The Parallax View, Zizek, with his usual astonishing erudition, focuses on three main modes of parallax: the ontological difference, the ultimate parallax that conditions our very access to reality; the scientific parallax, the irreducible gap between the phenomenal experience of reality and its scientific explanation, which reaches its apogee in today's brain sciences ; and the political parallax, the social antagonism that allows for no common ground. Between his discussions of these three modes, Zizek offers interludes that deal with more specific topics--including an ethical act in a novel by Henry James and anti-anti-Semitism.The Parallax View not only expands Zizek's Lacanian-Hegelian approach to new domains but also provides the systematic exposition of the conceptual framework that underlies his entire work. Philosophical and theological analysis, detailed readings of literature, cinema, and music coexist with lively anecdotes and obscene jokes. (shrink)

This article examines why and how workers adhere and contribute to the perpetuation of the freedom fantasy induced by neoliberal ideology. We turn to Hannah Arendt’s analysis of the human condition, which offers invaluable insights into the mechanisms that foster the erosion of human freedom in the workplace. Embracing an Arendtian lens, we demonstrate that individuals become entrapped in a libertarian fantasy—a condition enacted by the replacement of the freedom to act by the freedom to perform. The latter embodies the (...) survivalist modus operandi of animal laborans who renounces singularity, by focusing on the function of supervised labor, who renounces solidarity, by focusing on individualist and competitive labor, and who is deprived of spontaneity, by focusing on the measured productivity of labor. Therefore, we propose a new corporate governance perspective based on the rehabilitation of political action in organizations as the best way to preserve human capacity for singularity, solidarity, and spontaneity. (shrink)

Colombia, a country at civil war for over 50 years, has one of the highest rates of landmine injury in the world. This article is based on ethnographic research conducted at the Amputation and Rehabilitation Unit of Bogota’s Central Military Hospital. Through an ethnographic description of surgical amputation and rehabilitation, I examine medical understandings of vitality and masculinity in respect to the senses – primarily that of pain in the act of amputation.

Qu'est-ce qui, chez l'homme, retient ou empeche la fuite en avant d'une pulsion specifique? Une autre pulsion complementaire ou antagoniste? L'instance subjective d'un moi se pliant aux commandements du surmoi? L'ordre du corps vivant, de la raison ou du signifiant? Ou est-il pensable qu'une pulsion humaine se gouverne elle-meme en canalisant son energie excessive et en veillant a sa transformation ou a sa sublimation plutot que de se livrer a l'ivresse d'une repetition sterile?Ce livre aborde ces questions en envisageant les (...) pulsions humaines, en amont, depuis leur ancrage dans les forces de la nature ou les instincts animaux et, en aval, en vue de leur prolongement en desirs symboliquement structures. Dans une telle perspective, le questionnement psychanalytique de Freud et de Lacan rencontre tout naturellement les interrogations d'une philosophie de la nature, de la vie et de la culture. Inversement, une rehabilitation de l'energetique psychanalytique favorise la redecouverte d'une pensee philosophique, pour laquelle la dynamique des forces virtuelles prime sur la presence de substances statiques, et pour laquelle aucun acte effectif n'efface sa dette vis-a-vis d'un pouvoir-etre retenu ou d'un manque d'etre. De cette metaphysique dont le livre suit le cheminement d'Aristote a Husserl en passant par Leibniz et Schopenhauer, Nietzsche et la psychanalyse marquent aussi les limites, en projetant sur elle l'ombre du nihilisme des pulsions de mort. Au croisement des deux approches de la pulsion se dresse, a nouveau mais autrement, la question de la subjectivite. (shrink)

The starting point of this article is the observation that the emergence of the Anthropocene rehabilitates the need for philosophical reflections on the ontology of technology. In particular, if technological innovations on an ontic level of beings in the world are created, but these innovations at the same time _create_ the Anthropocene World at an ontological level, this raises the question how World creation has to be understood. We first identify four problems with the traditional concept of creation: the anthropocentric, (...) ontic and outcome orientation of traditional concepts of creation, as well as its orientation of material fabrication. We subsequently develop a progressive concept of World creation with four characteristics that move beyond the traditional conceptuality: (1) a materialistic concept of creation that accounts for (2) the ontogenetic process and (3) the ontic and ontological nature of creation, and (4) is conceptualized as semantic creation of the World in which we live and act. (shrink)

Sensation is a concept with a conflicted philosophical history. It has found as many allies as enemies in nearly every camp from empiricism to poststructuralism. Polyvalent, with an uncertain referent, and often overshadowed by intuition, perception, or cognition, sensation invites as much metaphysical speculation as it does dismissive criticism. -/- The promise of sensation has certainly not been lost on the phenomenologists who have sought to ‘rehabilitate’ the concept. In Plastic Bodies, Tom Sparrow argues that the phenomenologists have not gone (...) far enough, however. Alongside close readings of Merleau-Ponty and Levinas, he digs into an array of ancient, modern, and contemporary texts in search of the resources needed to rebuild the concept of sensation after phenomenology. He begins to assemble a speculative aesthetics that is at once a realist theory of sensation and a philosophy of embodiment that breaks the form of the ‘lived’ body. Maintaining that the body is fundamentally plastic and that corporeal identity is constituted by a conspiracy of sensations, he pursues the question of how the body fits into/fails to fit into its aesthetic environment and what must be done to increase the body’s power to act and exist. (shrink)

J’examine dans cet article le double aspect sous lequel la loi se trouve discutée par l’Étranger dans le Politique : si elle fait tout d’abord l’objet d’une critique sévère au nom d’une science idéale, elle est ensuite réhabilitée à titre de substitut à l’idéal défaillant. Cette réhabilitation est complexe : elle passe par un étrange récit de politique-fiction qui fait écho sans le dire à Thucydide et qui permet à l’Étranger de lier dans un même procès écriture juridique et écriture (...) spéculative ; elle se développe ensuite moyennant une série d’arguments qui insistent sur le nécessaire respect de la loi indépendamment de son contenu et de sa pertinence, mais qui indiquent aussi implicitement la nécessité de lui attribuer une origine mythique dans une connaissance divine devenue inaccessible. Le Politique signe l’acte de naissance de la fiction théologico-politique.I explore in this paper the dual aspect of the Eleatic Visitor’s discussion of law in the Statesman. Although it is at first severely criticized on behalf of an ideal science, it is then rehabilitated as a substitute for the failing ideal. But this rehabilitation is a complex one : it is made via a very peculiar account of political fiction echoing implicitly Thucydides and allowing the Eleatic Visitor to put on the same trial legal and speculative writing. Then it develops by using several arguments, insisting on the necessary respect due to the law, whatever content and relevance it may have, but yet implicitly pointing out the need to confer a mythic origin to law within the context of divine knowledge now impervious to men. Thus Plato’s Statesman pioneers theological political fiction. (shrink)

In this essay, we aim at framing the ‘negative emotion’ of indifference, starting from its diachronic declination, which seems to beneficiate from a form of justification from the moral point of view (§1). In order to prevent indifference as an outcome – together with its intrinsic motivational strength –, we introduce a methodological account to frame the struggle of motivation internal to the single agent, by classifying different forms of ‘reasons to act’ (§2). We will develop a two-move strategy. Firstly, (...) we deploy what we could call a positive emotion – the sense of solidarity diachronically understood – against that negative one, in order to show that indifference is not the sole possible destination for the humankind (§3). Secondly, to integrate and strengthen the motivational role of that positive emotion, we will rehabilitate a moral approach aimed at setting up a unique normative linkage among generations, by reshaping the interplay between ‘wide’ and ‘narrow obligations’ presented by Kant (§4). The ultimate goal is to contrast the moral strength which is offered by indifference as negative emotion by articulating a motivational path devoted at legitimizing the diachronic moral commitment and duties of justice among generations. (shrink)

As a teacher and philosopher, Dr.Kate Lindemann has spent much of herprofessional life thinking about morality inhuman relationships. Critical analyses aboundabout the obligations and particularresponsibilities of health care providers topatients, teachers to students, etc. Suchanalyses often emphasize the inherentinequality, and thusvulnerability, of those who are the recipientsof care or knowledge. Though familiar with theethics of care as a moral framework, Dr.Lindemann's perspectives on such relationshipswere profoundly affected and foreveraltered after acquiring a brain injury in1998. The current manuscript describes how herviews (...) on caring acts as not only dynamic butreciprocal have been shaped by her experiencesduring rehabilitation andas a person now living with disability. (shrink)

State policy in the field of law enforcement during the Khrushchev's period wasn't a stabile. The first wave of changes was associated with the abolition of some legislative acts of the Stalinist period, a significant softening of punitive line, narrowing of the scope of capital punishment, empowerment convicted people etc. On the one hand, these steps are partially rehabilitating the Soviet law enforcement. On the other hand, government actions were unreasoned and populist, designed for quick political effect. The next wave (...) of change was due to the spread of the idea of the gradual withering away of the state in terms of building a communist society. As a consequence of this ideology was the reduction of employees in the field of law enforcement and attracting a variety of civic organizations, labor groups and citizens to fulfill a variety of law enforcement functions (voluntary civil police, civil judges, civil assistant investigator, civilian prosecutors, civil lawyers, etc.). And finally, the soviet leadership made steps in the field of law enforcement toward stricter penalties for serious crimes, as well as expanding the scope of the death penalty. The country's leadership was actively intervened in the work of law enforcement. Communist Party took control the law enforcement agencies due to the appointment to senior positions along party lines and managing work of party members through the party cell. One of the major controversies of the time was mixing the steps to improve of law enforcement sphere (increased attention to the frames, structural changes, strengthening analytical work in the study of crime statistics), with a desire to demonstrate the advantages of the socialist way of life (which was manifested in the silencing of certain criminal manifestations, artificially lowering their significance by reducing the liability on them, outright ignoring problems and their causes, etc.). Contradictions were observed in the conduct of state punitive line too. On the one hand, it was a significant step up from the Stalinist penal system by expanding the rights of prisoners, procedural rules, which led to a softening of the repressive pressure on the population. On the other hand, the state retained its attitude to dissent; applying the new forms social exclusion of dissidents, for example, applying to them the impact of psychiatric measures. These moments hampered consolidation of the new format of normative behavior in the minds of ordinary citizens, and gave rise to "double standards", the imbalance between what is declared and what actually happened. (shrink)

The right of freedom of religion is one of the fundamental rights guaranteed in the Malaysian Constitution. The provision over the right to freedom of religion is seen as one of the most crucial provisions ever stated in the Federal Constitution. Article 11 has never been amended. Indeed, provision in Article 3 reiterates the right of individuals, especially the non-Muslims to profess and practise their religion freely, without any fear and interference. The special status of the religion of Islam enshrined (...) in Article 3 does not mean that non-Muslims have no right in matter of freedom of religion. However, the Federal Constitution seems to restrict the right to freedom of religion, in the sense that freedom of religion in Malaysia is not absolute. There have been several restrictions imposed not only within the constitutional framework but also other general legislations. Among provisions that furnished such restrictions can be seen in Articles 11, 11 and 10 of the Federal Constitution. Moreover, the Parliament had also passed several legislations allowing such restrictions. This can be seen, among others, the Internal Security Act of 1960, the Societies Act of 1966, the Police Act of 1967, the Printing Presses and Publications Act of 1984, the Town and Country Planning Act of 1976 and the Penal Code. As such, Muslims and non-Muslims alike must adhere to certain religious constraints for the sake of public order, public health and morality.While freedom of religion is guaranteed for individuals in the Malaysian Constitution, some states in Malaysia have penalised Muslims who renounced the Islamic faith. Although there is no death penalty for apostasy in Malaysia, apostates are subject to punishments like fine, imprisonment and to a certain extent whipping. In certain states, apostates are detained at the rehabilitation centre for up to 36 months. These have brought concern to human rights activists because such punishments and detention may seem contrary to the right to freedom of religion enshrined under Article 11 of the Federal Constitution and Article 5 that guarantees individual liberty. This article attempts to investigate whether restrictions over the right of freedom of religion particularly when Muslims renounce the Islamic faith is constitutionally valid. It also intends to highlight the conflict in the laws surrounding the punishment for apostasy in various states in Malaysia. (shrink)

Dès l'aube de la pensée philosophique en occident, l'Ecole d'Elèe souligne le caractère absolu de l'être. Découverte des plus importante, qui ne cessera d'exercer une profonde influence sur tout le cours de la réflexion philosophique. Platon s'attache à réhabiliter l'intelligibilité du multiple : il y a « des idées » subsistantes; et Aristote dégage l'intelligibilité du multiple matériel : il y a « des catégories » obtenues au moyen de l'abstraction. L'un et l'autre s'efforce d'y découvrir un ordre : rapports (...) de participation, selon Platon ; rapports de causalité, selon Aristote. Platon se dégage de la tenaille de Parménide, — ou l'être, ou l'absurde néant, — en distinguant deux néants : l'un, qui est le contraire de l'être, est absurde ; mais l'autre, qui est l'altérité, est parfaitement intelligible, une idée, un être véritable. Ce non-être relatif, à savoir l'altéritê, est aussi universel que l'être correspondant, à savoir ceci, cela, êtres corrélatifs. Pour autant, l'unité fondamentale du monde des idées est une unité d'ordre, une multiplicité, et non plus l'unicité à la manière de Parménide. Il est vrai que de toute son âme Platon aspire à une unité suprême et unique, mais il ne réussit pas à l'intégrer techniquement dans son système. Aristote, qui pose carrément en principe que l'être a des sens multiples et irréductibles, notamment les catégories, découvre, lui aussi, un ordre qui unit les catégories entre elles, de même qu'un ordre qui unit toutes les réalités substantielles en les reliant à un Premier Moteur : il est vrai que cette dernière influence ne peut pénétrer jusqu'au fond de la réalité, puisque celle-ci est autre chose que du mouvement, et que par conséquent cette réalité, fondamentalement non unifiée, demeure fondamentalement inintelligible. Il est intéressant de rapprocher de ces deux systèmes « essentialistes » celui de Hegel, dont le mouvement dialectique part de l'être et se porte immédiatement vers le non-être correspondant, considéré comme intelligible : l'être s'en trouve radicalement « relative » . Aussi bien, c'est dans l'élaboration ultérieure de l'être qualifié, quidditatif, que Hegel cherche, mais en vain, l'idée absolue. Plotin réussit à formuler nettement le problème du relatif et de l'absolu et à s'orienter vers une solution : il souligne le caractère radicalement relatif de la réalité relative, ce qui implique le caractère radicalement indépendant de la réalité absolue. Comme il continue à entendre l'être à la manière essentialiste de Platon et d'Aristote, il va de soi qu'il ne lui est pas possible d'identifier l'être et l'absolu : la réalité suprême, l'Un, est donc au delà de l'être, de même qu'il est au delà de l'intelligence, dont l'objet propre est l'être. En distinguant la quiddité et l'existence, Avicenne introduit, à côté de la quiddité, une nouvelle dimension où pourra se mouvoir l'intelligence. Néanmoins c'est sur la quiddité qu'il met l'accent : considérée en elle-même et indépendamment de toute rapport virtuel ou actuel avec l'existence, la quiddité à un sens complet ; au contraire, l'existence ne se conçoit que se rapportant à la quiddité. C'est du côté de la quiddité que se trouve l'absolu. S. Thomas reprend la distinction avicennienne, mais en la retournant : car c'est à l'esse qu'il accorde la primauté : l'esse est acte, la quiddité est puissance ; l'esse est la perfection fondamentale de tout, à laquelle toute réalité participe. C'est dans la ligne de l'esse que se trouve l'absolu. Heidegger fait observer que depuis Platon la philosophie se trouve sur une mauvaise voie : c'est toujours de l « étant » qu'elle s'est occupée, c'est-à-dire, de l'être qualifié, tandis qu'elle a négligé l'étude de l'être lui-même. Sans doute a-t-il raison pour une bonne part, mais il ignore que S. Thomas a élaboré une philosophie authentique de Yesse, que beaucoup sont trop enclins à ne pas considérer. Comment justifier le point de départ et le point de vue d'une philosophie de l'être ? Où les trouver ? Non pas dans quelque secteur particulier où Ion rencontrerait l'être pur, mais dans tout secteur, dans toute expérience. C'est sur le fait qu'il faut s'appuyer, sur le fait dont l'homme de science déclare qu'il est plus fort que le Lord Maire de Londres. L'homme de science se borne à noter les faits et à en chercher la régularité ; le philosophe s'attache à découvrir la raison de la solidité absolue des faits et à dégager ce que cela implique. Lorsqu'on a exposé tout ce qu'est une réalité donnée, tout ce que sa quiddité comporte, on n'a nullement fini de dire ce que cette réalité contient d'intelligible, puisqu'on n'a pas encore déclaré que cette réalité est, qu'elle existe. Sans doute, Kant est-il d'avis que l'intelligibilité de cent thalers existants ne dépasse en rien celle de cent thalers possibles, mais il est pourtant certain que le jugement d'existence, qui est un jugement, est affaire d'intelligence, d'intelligibilité : il manifeste d'emblée la solidité irréfragable de l'être ; rien ne pourra plus jamais effacer ce qui a été et, désormais, absolument tout doit en tenir compte. C'est cela même qui est à la base de la connaissance vraie, à savoir de celle qui saisit « ce qui est ». Ceci ne contredit en rien la relativité des faits : c'est précisément le fait qui nous révèle l'absolu, c'est le relatif qui se montre comme étant absolument relatif. Tout comme c'est de la situation dans laquelle je me trouve que j'ai conscience et que c'est donc en elle que je domine et transcende la relativité qui est propre à cette situation. L'absolu que je saisis est celui qui me révèle le relatif. Mon point de vue, qui n'est qu'humain, n'est jamais celui de Dieu : cependant il contient une valeur d'absolu. Et la donnée qui m'est présentée n'est pas l'être divin : cependant elle manifeste une signification d'absolu, à savoir la signification d'être. Dans cette signification, tout coïncide, car ce qui ne s'y trouverait pas, serait pur néant. Tout se rencontre dans une identité fondamentale. C'est à raison de l'être qu'il contient que la réalité parle à l'intelligence, comme aussi à la vie appetitive : c'est grâce à sa signification d'être, que la réalité peut m'être « présente ». Aussi bien, pour y répondre, pour résoudre les problèmes qu'elle pose, il n'est que de s'en approcher et de se laisser guider par elle. On peut montrer que la signification absolue d'être que manifeste toute donnée exige un principe réel unique qui fonde toute réalité. Ce principe ne peut se concevoir, ni sur le mode d'une substance, ni sur celui d'une cause particulière, car l'une et l'autre sont essentiellement relatives. Il ne peut s'entendre que comme l'Absolu, dégagé de tout rapport : si toutes choses sont intégralement dépendantes de cet Absolu, lui-même ne peut dépendre de rien et il garde nécessairement son indépendance totale. Il apparaît clairement qu'il ne sert à rien de se mouvoir, « horizontalement », le long d'une série de causes dans l'espoir d'en découvrir une, par exemple la première de la série, qui permettrait davantage de se porter, « verticalement », vers l'Absolu ; car du fini à l'Infini la distance demeure partout la même et la difficulté est toujours égale : le passage du fini à l'Infini est unique et il exige d'être examiné et justifié avec soin. L'argument en question est d'une nature spéciale : il s'agit d'atteindre l'Infini à partir du fini et, de plus, au moyen d'une intelligence finie. Aussi bien, n'atteignons-nous jamais immédiatement l'Infini en lui-même, mais uniquement dans le fini et tel que le fini nous le révèle. Donc c'est tout en pensant le fini qu'il nous faut penser l'Infini, à savoir comme exigence fondamentale de ce fini. C'est en ce sens qu'on dit que de l'Infini au fini il y a relation logique. Cependant, par là-même nous comprenons que nulle relation réelle ne peut lier l'Infini au fini. Ceci ne signifie nullement que l'Absolu divin serait entièrement isolé et loin de toute réalité finie ; mais tout au contraire, que Dieu est plus près de la créature qu'aucun terme relatif ne peut jamais l'être du terme qui lui correspond : l'Absolu créateur, souverainement indépendant et transcendant, est tout aussi parfaitement immanent, c'est-à-dire toujours intimement et activement présent à ce qu'il pose dans le réel. (shrink)

We discuss the crucial, but easily missed, link between paternalism and incarceration. Legal paternalists believe law should be used to help individuals stay healthy or moral or become healthier or morally better. Criminal laws are paternalistic if they make it illegal to perform some action that would be bad for the actor to do, regardless of effects on others. Yet, one result of such laws is the punishment, including incarceration, of the very same actors—also clearly bad for them even if (...) meant to be rehabilitative. Therein lies an oddity: paternalist criminal law—and thepresumably rehabilitativepunishments that serve as responses to infringements of such laws—is meant to help the actor but in fact has the opposite effect on net. Incarceration is particularly problematic on this front as it harms the alleged criminal in ways that go beyond the harm they would have caused themselves. Incarceration also may undermine the actor’s ability to improve his decision-making abilities or his moral character. The effects of the punishment also drift to others—family and friends, as well as business associates, of the punished. Paternalists, inasmuch as they are motivated by beneficence or concern about moral character, must account for all of these costs as threats to well-being and the conditions for acting morally. Given the link between paternalism and incarceration, we propose that if we are to take seriously the problem of over-incarceration in the U.S., we must reconsider the use of paternalism in criminal law; we sketch several alternatives. We believe paternalists should support our resistance to incarceration and seriously consider these alternatives. (shrink)

Once relegated to the margins of the responsibility debate, moral influence theories have recently been rehabilitated. This paper offers a moral influence theory with two parts: a theory of responsibility as influenceability and an act-consequentialist justification of blame. I defend this account against six concerns commonly raised both by opponents and by advocates of similar views. Some concerns target act consequentialism, claiming that it 1) permits blaming innocents; 2) permits coercion, manipulation, and other objectionable forms of influence; and 3) fails (...) to capture intuitions about desert. Other concerns target responsibility as influenceability, claiming that influenceability accounts are 4) unsophisticated, 5) make ascriptions of responsibility dependent on assessments of permissible blame, and 6) have various counterintuitive implications. (shrink)

The ‘reinvention’ of nationhood in theory and the reform of British naturalization rules in praxis have been unable to address satisfactorily the issue of unjust exclusion and to make naturalization law and citizenship more compatible with democratic ideals. This has much to do with the fact that the discourse of new patriotism and the reconfiguration of national citizenship have inbuilt limits. In examining the ‘new’ discourse of patriotism in its various shades, I argue that it is inconsistent and unpersuasive. Neither (...) the rehabilitation of civic nationalism under ‘republican patriotism’, nor ‘constitutional patriotism’, nor ‘rooted patriotism’ succeed in transforming the nationality model of citizenship in order to render it more compatible with contemporary developments and with cultural pluralism. Similarly, the three models of citizenship developed by the literature, namely, postnational, transnational and multicultural citizenship remain rooted within the civic nationalist trajectory. Instead of arguing for the liberalization of naturalization requirements and the ensuing pluralization of citizenship, I put forward an argument as to how the nationality model of citizenship might be transcended by developing a model of civic registration. By contrasting this model with the Labour Government’s reforms in the fields of naturalization and citizenship, I argue that the Nationality, Immigration and Asylum Act 2002 places too much emphasis on social cohesion, thereby overlooking that a sense of belonging to community develops with inclusion in society and politics rather than as a result of citizenship ceremonies and language proficiency tests. (shrink)

In this paper, I argue that Humean theories of moral motivation appear preferable to Kantian approaches only if one assumes a broadly foundationalist conception of rational justification. Like foundationalist approaches to justification generally, Humean psychology aims to counter the regress-of-justification argument by positing a set of ultimate regress-stoppers-in this case, unmotivated desires. If the need for regress-stoppers of this type in the realm of practical deliberation is accepted, desires do indeed appear to be the most likely candidate. But if this (...) foundationalist strategy is rejected, there is no longer any reason to suppose that all motivation must be traceable to some extra-rational incentive. This clears the way for a rehabilitation of the Kantian claim that reasons for action can take the form of categorical imperatives. To illustrate this thesis, I show how a conception of practical rationality that incorporates a contextualist model of justification can be developed that treats social norms as reasons for action, without assigning any mediating role to agent desires. a theory of action of this type eliminates the gap between moral obligation and action, and so articulates the fundamental Kantian intuition that acting on the basis of moral principle-and with disregard for self-interest-is just one way of acting rationally. (shrink)

A romance with the concept of community has long characterized activist healthcare movements and has more recently been taken up by academic medical centers as a sign of virtuous civic engagement. During the late 1960s, the word community, as deployed by administrators at prestigious AMCs, became increasingly politicized, commodified and racialized. Here, we analyze how the concept of community was initially framed in the 1963 Community Mental Health Centers Act, the first legislation to establish community mental health centers in America. (...) We then examine the Health Policy Advisory Center’s analysis of the proposed Washington Heights Community Mental Health Center to be run by Columbia University’s College of Physicians and Surgeons, an institution that had historically neglected residents’ health needs. Community pushback against Columbia’s plan to build a multi-block center, amplified by medical students and residents critical of the professionalized community mental health movement, escalated in the late 1960s, leading the city’s planning board to reject Columbia and approve a community council’s plan for preventive and rehabilitative local services. These conflicting overtones of “community” still inform understandings of the word in medicine today; thus, a critical historical analysis of “community” is warranted. (shrink)

Machine generated contents note: 1 Introduction 1 -- 2 Central themes and critical issues 10 -- Introduction 10 -- Core themes 11 -- Differences which have surfaced in the move from -- margins to mainstream 15 -- The claims of restorative justice: a brief examination 21 -- Some limitations of restorative justice 25 -- Some dangers of restorative justice 29 -- Debunking restorative justice 32 -- 3 Reviving restorative justice traditions 36 -- The rebirth of an ancient practice 36 -- (...) Pre-modem criminal justice 37 -- The renaissance of native justice traditions 43 -- Navajo peacemaking 44 -- Can one characterise ancient and indigenous -- justice as restorative? 47 -- Can one revive restorative justice traditions? 49 -- Conclusion: did restorative justice ever die? 59 -- 4 Healing the victim 62 -- Introduction 62 -- The experiences and needs of victims 64 -- The inadequacy of punitive justice for the victim 67 -- Victim reforms 70 -- Restitution from the offender 74 -- Beyond restitution: restoring victims 76 -- Restorative justice or 'clubbing together'? 78 -- Using victims to rehabilitate offenders 81 -- Paternalism towards victims 83 -- Balancing the needs of the victim with those of society 84 -- 5 A restorative approach to offenders 87 -- Introduction 87 -- Restorative justice as an alternative to retributive justice 88 -- Restorative justice as an alternative to treatment 94 -- The goals and methods of restorative justice in relation -- to offenders 95 -- An alternative to punishment or an alternative form of -- punishment? 106 -- An alternative to treatment? 111 -- 6 Shame, apology and forgiveness 114 -- Introduction 114 -- Restorative cautioning 115 -- The psychological routes of restorative conferencing 116 -- The idea of reintegrative shaming 118 -- Some questions about shaming 123 -- Apology and forgiveness 132 -- 7 Mediation, participation and the role of community 136 -- Introduction: handling criminal conflicts 136 -- The rationale for the restorative justice process 140 -- Achieving restorative goals 141 -- Moral development and the strengthening of community 144 -- The role of community 151 -- 8 The future of restorative justice 161 -- Introduction 161 -- Implementing restorative justice: the paths less likely 163 -- The implementation of restorative techniques 166 -- Restorative justice and the pattern of penal control 169 -- The future of restorative justice research 170 -- Appendix to chapter 3: the theological roots of judicial -- punishment 172. (shrink)

The Stoics are famously committed to the thesis that only bodies are, and for this reason they are rightly called “corporealists.” They are also famously compared to Plato’s earthborn Giants in the Sophist, and rightly so given their steadfast commitment to body as being. But the Stoics also notoriously turn the tables on Plato and coopt his “dunamis proposal” that being is whatever can act or be acted upon to underwrite their commitment to body rather than shrink from it as (...) the Giants do. The substance of Stoic corporealism, however, has not been fully appreciated. This paper argues that Stoic corporealism goes beyond the dunamis proposal, which is simply an ontological criterion for being, to the metaphysics of body. This involves, first, an account of body as metaphysically simple and hence fundamental; second, an account of body as malleable and continuous, hence fit for blending (krasis di’ holou) and composition. In addition, the metaphysics of body involves a distinction between this composition relation seen in the cosmology, and the constitution relation by which the four-fold schema called the Stoic Categories proceeds, e.g. the relation between a statue and its clay, or a fist and its underlying hand. It has not been appreciated that the cosmology and the Categories are distinct — and complementary — explanatory enterprises, the one accounting for generation and unity, the other taking those individuals once generated, and giving a mereological analysis of their identity and persistence conditions, kinds, and qualities. The result is an elegant division of Plato’s labor from the Battle of Gods and Giants. On the one hand, the Stoics rehabilitate the crude cosmology of the Presocratics to deliver generation and unity in completely corporeal terms, and that work is found in their Physics. On the other hand, they reform the Giants and “dare to corporealize,” delivering all manner of predication (from identity to the virtues), and that work is found in Stoic Logic. Recognizing the distinctness of these explanatory enterprises helps dissolve scholarly puzzles, and harmonizes the Stoics with themselves. (shrink)

Why can some sociological concepts be actually forbidden in public speech and in theory, but at the same time be legitimately used in a different context or in relation to another class of objects? The answer to this question requires a shift in the research setting. From the sociological explanations and standard patterns used in the history of concepts, it is necessary to move to the genre of epistemological research that clarifies the work of the concept in its interaction with (...) other conceptual structures - to the genre of the military history of ideas. The idea of the "community of fate" (Schicksalsgemeinschaft), which this article is devoted to, is a model object for this kind of research. Originating at the dawn of sociology in the works of Max Weber and Georg Simmel, the combination of the category of "community" with the intuition of "fate” gave rise to the conceptualization of "community of fate”. This concept has lived several parallel lives: in sociological theory, irrationalist philosophy, and Nazi propaganda. The purpose of this article is not just to rehabilitate the "community of fate” in the language of sociology, but to show under what circumstances an idea can act as an actant, sometimes contrary to the intention 13 of its creators. Thus, from the military history of ideas, we can chart a path to a new research axiomatics-the axiomatics of an object-oriented epistemology. (shrink)

In this paper we argue that the moral value of an agent is determined solely by their dispositions to act intentionally and freely. We then put this conclusion to work. It resolves a putative moral paradox first posed by Saul Smilansky, and it undermines a prominent line of argument for a variety of Trinitarian theology. Finally, we derive our conclusion about the moral worth of agents not only from our initial series of thought experiments, but also from Abrahamic theism itself. (...) This means that Smilansky’s paradox can only possibly be rehabilitated by an atheist, and that the aforementioned line of argumentation for the Trinity is radically self-undermining, since it relies upon the denial of a corollary of Abrahamic theism. (shrink)