Care ethics can provide a valuable conceptual and normative resource for many issues in law, but given the conservative nature of law in general, much work needs to be done before care ethics can explicitly play such a role. In this paper I survey the landscape of law, discuss two attempts to incorporate care ethics into the normative framework of law, and suggest other avenues for incorporating care ethics in law and legal reasoning.

In this paper, I consider the claim that a corporation cannot be held to be morally responsible unless it is a person. First, I argue that this claim is ambigious. Person flags three different but related notions: metaphysical person, moral agent, moral person. I argue that, though one can make the claim that corporates are metaphysical persons, this claim is only marginally relevant to the question of corporate moral responsibility. The central question which must be answered in discussions of corporate (...) moral responsibility is whether corporations are moral agents or moral persons. I argue that, though we can make a case for saying corporations are moral agents, they are not moral persons, and hence, we can hold them responsible. In addition, we need not treat them the way we would be obligated to treat a moral person; we needn't have the same scruples about holding a corporation morally responsible as we would a moral person. (shrink)

Normal 0 21 false false false MicrosoftInternetExplorer4 Partindo do dito popular “manda quem pode, obedece quem tem juízo” o presente artigo tem como objetivo defender a tese de que o Estado hobbesiano sustenta-se tanto pela força quanto pela razáo. Dentro desta perspectiva, será analisada a noçáo de desobediência e, ao final, mostrar-se-á que o adágio referido só pode ser tido como verdadeiro de acordo com a filosofia política de Thomas Hobbes após feitas certas ressalvas.

What does it mean to get hooked by a work, whether a bestseller or a classic, a TV series or a painting in a museum? What is this aesthetic experience that makes us feel captivated? What do works of art do, and how, in particular, do they bind us to them? In "Hooked," Rita Felski builds an aesthetics premised on our attachments rather than our free agency and challenges the ethos of critical aloofness that is so much a part (...) of modern intellectuals' self-image. The result is sure to be as widely read, and as controversial, as Felski's 2015 book, "The Limits of Critique." Felski looks at several "attachment devices." One of these is "attunement"--those affinities and stirrings that often fall below the threshold of consciousness. Why, for example, are we drawn to a painting or piece of music in ways we struggle to explain, while being left cold by others whose merits we duly acknowledge? Another attachment device is "identification"--a widespread response to fiction that is often invoked by critics but usually treated as synonymous with either identity or empathy. But Felski shows that identifying has no neat fit with identity categories, and it can trigger ethical, political, or intellectual affinities that have little to do with co-feeling. What people most commonly identify with, Felski argues, are characters who are alluring, arresting, or alive, not in spite of their aesthetic qualities but because of them. This kind of identification is not limited to naïve readers or over-invested viewers, but is also a defining aspect of what scholars in the humanities do. Relatedly, academic "interpretation" emerges here as another circuit of connection: critics forge ties to the works they explicate, the methods they use, the disciplinary identities they inhabit. "Hooked" returns us to the fundamentals of aesthetic experience, showing that the social meanings of artworks do not lie encrypted in their depths, within reach only of expert critics, but are generated within the embrace of captivated audiences. (shrink)

Anthropology combines two quite different enterprises: the ethnographic study of particular people in particular places and the theorizing about the human species. As such, anthropology is part of cognitive science in that it contributes to the unitary theoretical aim of understanding and explaining the behavior of the animal species Homo sapiens. This article draws on our own research experience to illustrate that cooperation between anthropology and the other sub-disciplines of cognitive science is possible and fruitful, but it must proceed from (...) the recognition of anthropology’s unique epistemology and methodology. (shrink)

The doctor patient relationship starts with a story. Doctors' notes, a patient's chart, the recommendations of ethics committees and insurance justifications all hinge on written and verbal narrative interaction. The "practice" of narrative profoundly affects decision making, patient health and treatment and the everyday practice of medicine. In this edited collection, the contributors provide conceptual foundations, practical guidelines and theoretical considerations central to the practice of narrative ethics.

Rita Carter ponders the nature, origins, and purpose of consciousness in this fascinating inquiry into the toughest problem facing modern science and philosophy. Building on the foundation of her bestselling book _Mapping the Mind, _she considers whether consciousness is merely an illusion, a by-product of our brain's workings, some as yet inexplicable feature or property of the material universe or—as the latest physics may suggest—the very fundament of reality. Little, she discovers, is as it first seems. Carter draws from (...) a solid body of knowledge—empirical findings and theoretical hypotheses--about consciousness, much of it derived from recent discoveries about the brain. Her lively, accessible narrative ranges widely over new ways of thinking about the subject and what direction new research is taking. Leading scholars from a range of perspectives provide topical essays that complement Carter's account. The book also discusses how traditional approaches—philosophical, scientific, and experiential—might be brought together to create a more complete understanding of consciousness. (shrink)

If our sense of the past is inevitably shaped by the explanatory logic of narrative, then the stories that we create in turn reveal the inescapable presence and ...

The theoretical model of landscape that is still widespread is that of a spectacle-image that offers itself to a contemplative, detached and disembodied gaze. Rethinking landscape means investigating the role of the “aesthetic”, i.e. of bodily experience, characterized by sensitivity and movement. This experience, which is fundamentally interactive, has a formative and performative nature: the aisthesis is closely linked to praxis, to the concrete ways in which we re-late to the environment and which become interactive strategies. These strategies can become (...) experiential habits that, if repeated in a mechanical way, can jeopardize the very interaction with the phenomenal world in which we are immersed. We tend to grasp only certain aspects of the phenomena that present themselves to us, over-looking not only the richness and plurality of the phenomenal world, but also its fundamental systemic and relational unity. The possibilities of formative and performative interaction can be grasped if the ordinary and daily level of experience is chal-lenged by sudden and unexpected encounters, which can initially provoke a sense of bewilderment and disorientation. What becomes “present” is the rhythmic unity of the phenomenal world, understood as an energetic momentum that holds together in a dynamic way the different elements of the world we inhabit. Through the con-cept of rhythm elaborated by Henri Maldiney we could advance a new aesthetic model of landscape understood as an actual cosmogenesis. (shrink)

In her Massey lecture series "The Ethical Imagination," bioethicist Margaret Somerville argues that we humans have a moral duty to preserve what is most basic to being human, namely, the human form itself. We should not, therefore, tolerate the development and application of technologies in the life sciences in ways that would result in radically altering the human form. The concern, here, is not simply with human enhancement. The concern is more specific: we should not tolerate the development and application (...) of the technosciences, for either health or enhancement, that would alter the natural identity of the human species—as when, for example, an individual's germline cells are altered in the treatment of a condition, or when human bodies are integrated with technology to create cyborgs. With such alterations, over time the human form could be lost altogether in the creation of a posthuman form. (shrink)

In this paper, I survey liberal and communitarian defenses of privacy, paying particular attention to defenses of privacy in the workplace. I argue that liberalism cannot explain all our of intuitions about the wrongness of workplace invasions of privacy. Communitarianism, on the other hand, is able to account for these intuitions.

Proposing that the interaction between reader and literature involves four “modes of textual engagement” — recognition, enchantment, knowledge, and shock — The Uses of Literature bridges the gap between literary theory and common-sense beliefs about why we read literature.

'Manning successfully argues that theory and ethics should once again be reunited...thorough and provocative...'—THE MIDWEST BOOK REVIEW.

Across two studies, a wide age range of participants was interviewed about the nature of death. All participants were living in rural Madagascar in a community where ancestral beliefs and practices are widespread. In Study 1, children (8–17 years) and adults (19–71 years) were asked whether bodily and mental processes continue after death. The death in question was presented in the context of a narrative that focused either on the corpse or on the ancestral practices associated with the afterlife. Participants (...) aged 8 years and older claimed that death brings an end to most bodily and mental processes. Nevertheless, particularly in the context of the religious narrative, they claimed that certain mental processes continue even after death. This assertion of an afterlife was more evident among adults than children, especially with respect to cognitive processes, such as knowing and remembering. In Study 2, 5‐ and 7‐year‐olds were asked similar questions in connection with the death of a bird and a person. Seven‐year‐olds consistently claimed that bodily and mental processes cease at death, whereas 5‐year‐olds were unsystematic in their replies. Together, the two studies replicate and extend findings obtained with Western children showing that, in the course of development, different conceptions of death are elaborated—a biological conception in which death terminates living processes and a religious conception in which death marks the beginning of a new form of spiritual existence. (shrink)

By referring to H. Bergson's theory about the evolutionary process, this article reflects on the antinomic character of the two fundamental tendencies of the vital movement, which are pure time and materiality. Starting from the importance of the image in this philosophy, it focuses on the Bergsonian ontology, questioning the notion of vital elan and how matter comes and the real-time is inscribed in it. By highlighting the ambiguity of the role played by materiality in the tensioning of vital forces, (...) the discussion explains that the original impulse establishes its antipode. Thus, it reveals the dramatic character that permeates the movement intrinsic to the history of life, in which effort and struggle are correlated to the limits of the impulse that moves it - and inevitable questions for the creative act that defines it. (shrink)

This essay aims to demonstrate that the concepts of conflict and prophecy play a key role in the thought of Mario Tronti and Sergio Quinzio – even though they are interpreted in a different way. Tronti describes them as “extreme think- ing and careful acting”, remaining “within and against” the mainstream sociopolitical system. Quinzio, instead, interprets conflict and prophecy as spes contra spem, “hoping against hope” ; hence, he observes the present lucidly, remaining tenaciously faithful to the promise of the (...) Second Coming of Christ. Tronti, rethinking some fundamental aspects of the Quinzio’s reflections, connects clearly the Marxian conception of the world, on the one hand, with the theological-political one, and, on the other hand, with the messianic one; in this way, it reveals itself as a resource of meaning, from which even today we can draw. (shrink)

Musical Perceptions is a much-needed text that introduces students of both music and psychology to the study of music perception and cognition. Because the book aims to foster a closer interaction between research in the science and the art of music, both psychologists and musicians contribute chapters on a wide range of topics, including the philosophy of music; research in musical performance; perception of melody, tonality, and rhythm; pedagogical issues; language and music; and neural networks. With their unique ability to (...) introduce musical and psychological concepts to first-time students in the area, Rita Aiello and John Sloboda have edited a volume that will be popular with undergraduate and graduate students taking courses in the perception, psychology, and aesthetics of music. They have prefaced each chapter with an introduction to the chapter's research. This book will also be useful to cognitive and physiological psychologists and music theorists interested in music perception. (shrink)

The purpose of this study was to illuminate the ethically difficult situations experienced by care providers working in a nursing home. Individual interviews using a narrative approach were conducted. A phenomenological-hermeneutic method developed for researching life experience was applied in the analysis. The findings showed that care providers experience ethical challenges in their everyday work. The informants in this study found the balance between the ideal, autonomy and dignity to be a daily problem. They defined the culture they work in (...) as not supportive. They also thought they were not being seen and heard in situations where they disagree with the basic values of the organization. The results are discussed in terms of Habermas’s understanding of modern society. Care settings for elderly people obviously present ethical challenges, particularly in the case of those suffering from dementia. The care provider participants in this study expressed frustration and feelings of powerlessness. It is possible to understand their experiences in terms of Habermas’s theory of modern society and the concept of the system’s colonization of the life world. (shrink)

This book is one of the first wide-ranging academic surveys of the major types and categories of Hindu contemplative praxis. It explores diverse spiritual and religious practices within the Hindu traditions and Indic hermeneutical perspectives to understand the intricate culture of meditative communion and contemplation, devotion, spiritual formation, prayer, ritual, and worship. The volume extends and expands the conceptual reach of the fields of Contemplative Studies and Hindu Studies. The chapters in the volume cover themes in Hindu contemplative experience from (...) various texts and traditions including classical Sāṃkhya and Patañjali Yoga, the Bhāgavata Purāṇa, the role of Sādhana in Advaita Vedānta, Śrīvidyā and the Śrīcakra, the body in Tantra, the semiotics and illocution of Gauḍīya Vaiṣṇava sādhana, mantra in Mīmāṃsā, Vaiṣṇava liturgy, as well as cross-cultural reflections and interreligious comparative contemplative praxis. The volume presents indigenous vocabulary and frameworks to examine categories and concerns particular to the Hindu contemplative traditions. It traces patterns that cut across Hindu traditions and systems and discusses contrasting methods of different theological/philosophical schools evincing a strong plurality in Hindu religious thought and practice. The volume provides intra-religious comparisons that reveal internal complexity, nuances, and a variety of contemplative states and transformative practices that exist under the rubric of Hindu practices of interiority and reflection. With key insights on forms and functions of the contemplative experience along with their theologies and philosophies, the volume suggests new hermeneutical directions that will advance the field of contemplative studies. This book will be useful to scholars and researchers of religious and theological studies, contemplative studies, Hindu studies, consciousness studies, yoga studies, Indian philosophy and religion, sociology of religion, philosophy of religion, comparative religion, and South Asian studies, as well as general readers interested in the topic. (shrink)

Donald Lee has claimed that of three ethical values, freedom, justice, and security-survival, involved in the effects of population growth on the future and the survival of all human beings, security-survival is the most fundamental. As such, it should have priority over freedom and justice. Based on this hierarchy, Lee draws the conclusion that one does not have the right to unlimited procreation, and that ultimately it is the duty of government to impose limits on population growth. I accept Lee’s (...) argument that personal rights must be balanced by personal responsibility, but I argue that justice is the fundamental ethical principle in this discussion. This is not a trivial distinction, for it leads to two significant conclusions. First, by focusing proper attention on justice, the threat to survival of the race from overpopulation is reduced to reasonable and realistic proportions. Second, and particulady important with regard to Lee’s position, the recognition of the need for justice brings to light the fact that the primary responsibility of government is to address itself to redressing injustice in society, injustice which does pose a very real threat to the survival of mankind. In this context, I argue that under no circumstances should government have the right or the responsibility to enforce limits on procreation. (shrink)