Picking up the question of what FLaK might be, this editorial considers the relationship between openness and closure in feminist legal studies. How do we draw on feminist struggles for openness in common resources, from security to knowledge, as we inhabit a compromised space in commercial publishing? We think about this first in relation to the content of this issue: on image-based abuse continuums, asylum struggles, trials of protestors, customary justice, and not-so-timely reparations. Our thoughts take us through the different (...) ways that openness and closure work in struggles against violence, cruel welcomes, and re-arrangements of code and custom. Secondly, we share some reflections on methodological openness and closure as the roundtable conversation on asylum, and the interview with Riles, remind us of #FLaK2016 and its method of scattering sources as we think about how best to mix knowledges. Thirdly, prompted by the FLaK kitchen table conversations on openness, publishing and ‘getting the word out’, we respond to Kember’s call to ‘open up open access’. We explain the different current arrangements for opening up FLS content and how green open access, the sharedit initiative, author request and publisher discretion present alternatives to gold open access. Finally drawing on Franklin and Spade, we show how there are a range of ‘wench tactics’—adapting gifts, stalling and resting—which we deploy as academic editors who are trying to have an impact on the access, use and circulation of our journal, even though we do not own the journal we edit. These wench tactics are alternatives to the more obvious or reported tactic of resignation, or withdrawing academic labour from editing and reviewing altogether. They help us think about brewing editorial time, what ambivalence over our 25th birthday might mean, and how to inhabit painful places. In this, we respond in our own impure, compromised way to da Silva’s call not to forget the native and slave as we do FLaK, and repurpose shrapnel, in our common commitments. (shrink)

This paper examines Nietzsche's views on love and marriage in the works of his middle period. Contrary to the general consensus in the secondary literature regarding Nietzsche's ideas on these matters, it shows that he offers several positive reflections on love and marriage. Indeed, at times he accepts that friendship is possible between the genders and even models marriage on friendship. Modelling marriage on friendship creates an overlap between Nietzsche's thought and that of John Stuart Mill and Harriet Taylor. (...) However, it is argued here that, albeit for different reasons, none of these visions of marriage as friendship succeeds in fully accommodating sexuality. (shrink)

A combination of social forces has thrown marriage into question in westernised societies at the end of the millennium. This uncertainty creates space for new ways of thinking about marriage. In this context, we examine the idea of marriage as friendship. We trace its genealogy in the work of Mary Wollstonecraft, John Stuart Mill and Harriet Taylor and then subject it to critical scrutiny using some of Michel de Montaigne’s ideas. We ask how applic- able the ideal of higher (...) friendship is to marriage and what might be gained and lost by a synthesis of marriage and friendship. Grounding the discussion in historical sources is valuable because the topic is so little explored in the contemporary philosophical literature. This approach also allows any enduring value in these historical texts to be elicited. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 12.1 (2002) 103-113 [Access article in PDF] Scope Note Update Searching Across Boundaries: National Information Resource on Ethics and Human Genetics* While indeed an historical moment, the announcement of the mapping of the human genome has been treated in the literature as a beginning—a new way to think about biology and the ways in which biological concepts are applied to medicine. Issues of both (...) Science and Nature magazines celebrated the event by establishing interdisciplinary websites where readers can access essays on aspects of genome mapping and directly link to databases to search for more information on the topics (IV. Genome Gateway 2001; The Human Genome 2001). Since 1994, the National Information Resource on Ethics and Human Genetics (NIREHG), a special project of the National Reference Center for Bioethics Literature (NRC), has been providing such an integrated information service on ethics and genetics. Designed to enable a wide range of users to go from annotated bibliographies (Scope Notes) and brief essays (called "enotes") to database searching, NIREHG fosters an interdisciplinary approach to research on ethics and genetics. Links are provided between and among Scope Notes and enotes to information maintained on the NIREHG site as well as to sources found throughout the Internet. In providing the following annotations added to NIREHG materials since 1997, the Kennedy Institute of Ethics Journal (in its online presence through Project Muse) becomes an additional forum for NIREHG links. "It is a rare and wonderful moment when success teaches us humility, and this, I argue, is precisely the moment at which we find ourselves at the end of the twentieth century" (IV. Keller 2000, p. 7). It is with both joy and humility that we celebrate the mapping of the human genome. [End Page 103] I. Genetic Testing Andrews, Lori B. Future Perfect: Confronting Decisions About Genetics. New York: Columbia University Press, 2001. 264 p.Noting the wide impact of genetic testing, Andrews discusses patient self concept, reproduction decisions, confidentiality, discriminations in health insurance and employment, the need for competent counseling, and the legal, ethical, and social regulations she deems important to help solve dilemmas arising from the tests and their ensuing ramifications. She describes three models, pointing out both advantages and problems: a medical model with physician gatekeepers, a public health model that could provide education as well some testing for those unable to afford tests, and a fundamental rights model that could give greater weight to individuals decisions about the use of health care services. The book has 85 pages of footnotes.American Society of Human Genetics. Social Issues Subcommittee on Familial Disclosure. Professional Disclosure of Familial Genetic Information. American Journal of Human Genetics 62 (2): 474-83, February 1998.The ASHG statement outlines points to consider: the general rule of confidentiality, exceptional circumstances that permit disclosure, and the ethical duty to inform patients about familial implications. Background discussion includes: ethical frameworks for disclosure of otherwise confidential information, the duty to warn under law, and international trends and positions.Boetzkes, Elisabeth. Genetic Knowledge and Third-Party Interests. Cambridge Quarterly of Healthcare Ethics 8 (4): 386-92, Summer 1999.Protection from the interests of insurers or prospective employers are discussed from the point of view of the ethical basis of the professional obligation to confidentiality as well as the right to privacy of those tested. However, the author supports family members, saying that "first-party resistance to disclosure may be overcome by weighty third-party claims."Chadwick, Ruth; Shickle, Darren; ten Have, Henk; and Wiesing, Urban, eds. The Ethics of Genetic Screening. Dordrecht, The Netherlands: Kluwer Academic Publishers, 1999. 255 p.Twenty-one chapters and 23 authors provide views of genetic testing/screening in different European countries and offer brief discussions of sociological perspectives, moral and philosophical issues, privacy, reconciling liberty and the common good, and questions raised in genetic testing of children.Clayton, Ellen Wright. Genetic Testing in Children. Journal of Medicine and Philosophy 22 (3): 233-51, June 1997.Clayton argues that there is room for... (shrink)

The Moral Limits of Law analyzes the related debates concerning the moral obligation to obey the law, conscientious citizenship, and state legitimacy. Modern societies are drawn in a tension between the centripetal pull of the local and the centrifugal stress of the global. Boundaries that once appeared permanent are now permeable: transnational legal, economic, and trade institutions increasingly erode the autonomy of states. Nonetheless transnational principles are still typically effected through state law. For law's subjects, this tension brings into focus (...) the interaction of legal and moral obligations and the legitimacy of state authority. This volume incorporates a comprehensive critical analysis of the methodology and substance of the debates in recent legal, political, and moral philosophy, regarding political obligation and the moral obligation to obey the law. The author argues that traditional accounts of political obligation that assume a bounded conception of the polity are no longer tenable. Higgins therefore presents an original theory of the conscientious agent's attitude towards law that accommodates the contemporary social tension between local and global obligations. (shrink)

ABSTRACTComparative effectiveness studies, referred to here as “usual-care” trials, seek to compare current medical practices for the same medical condition. Such studies are presumed to be safe and involve only minimal risks. However, that presumption may be flawed if the trial design contains “unusual” care, resulting in potential risks to subjects and inaccurately informed consent. Three case studies described here did not rely on clinical evidence to ascertain contemporaneous practice. As a result, the investigators drew inaccurate conclusions, misinformed research participants, (...) and subjects’ safety was compromised. Before approving usual-care protocols, IRBs and scientific review committees should evaluate the quality and completeness of information documenting usual-care practices. Guidance from governmental oversight agencies regarding evidence-based documentation of current clinical practice could prevent similar occurrences in future usual-care trials. Accurate information is necessary to ensure that trials comply with government regulations that require minimizing research risks to subjects and accurate informed consent documents. (shrink)

This paper takes a sideways look at the controversial topic of educational assessment, raising the question: what place should the success/failure distinction have in an effective and humane educational system? Though the experience of failure may undermine the self-esteem that is conducive to learning, its possibility is clearly important educationally. Instead of asking whether teachers should be truthful about children’s achievements or dishonestly promote their self-esteem, we need to recognise a certain logical indeterminacy about what young children can do. Given (...) this, it is reasonable to presume in favour of many of their capacities rather than against them, for this is how children develop the confidence to act. This includes the confidence to fail as well as the confidence to succeed. It is argued that both are crucial for learning. (shrink)

Questioning the usual judgements of political ethics, Ruth W. Grant argues that hypocrisy can actually be constructive while strictly principled behavior can be destructive. _Hypocrisy and Integrity_ offers a new conceptual framework that clarifies the differences between idealism and fanaticism while it uncovers the moral limits of compromise. "Exciting and provocative.... Grant's work is to be highly recommended, offering a fresh reading of Rousseau and Machiavelli as well as presenting a penetrating analysis of hypocrisy and integrity."—Ronald J. Terchek, _American (...) Political Science Review_ "A great refreshment.... With liberalism's best interests at heart, Grant seeks to make available a better understanding of the limits of reason in politics."—Peter Berkowitz, _New Republic_. (shrink)

Recent discussions of genomics and international justice have adopted the concept of ‘global public goods’ to support both the view of genomics as a benefit and the sharing of genomics knowledge across nations. Such discussion relies on a particular interpretation of the global public goods argument, facilitated by the ambiguity of the concept itself. Our aim in this article is to demonstrate this by a close examination of the concept of global public goods with particular reference to its use in (...) the context of genomic databases. We contend that the argument for construing genomics as a global public good depends on seeing it as a natural good by focusing on features intrinsic to genomics knowledge. We shall argue that social and political arrangements are relevant and that recognising this opens the door to construing the use of global public goods language as a strategic one. (shrink)

Rather than the art of putting forward logically valid arguments leading to Truth, argumentation is here viewed as the use of verbal means ensuring an agreement on what can be considered reasonable by a given group, on a more or less controversial matter. What is acceptable and plausible is always coconstructed by subjects engaging in verbal interaction. It is the dynamism of this exchange, realized not only in natural language, but also in a specific cultural framework, that has to be (...) accounted for. From this perspective, it is not enough to reconstruct patterns of reasoning. As logos is by definition both Reason and Language, abstract schemata have to be examined in their verbal realization in a given situation of discourse. Such an approach to arguments allows for a “thick” description taking into account their discursive and communicational aspects, as well as argumentation’s constitutive dialogism and its inscription in a set of common representations, opinions and beliefs (a doxa). This approach, exemplified by the analysis of a short text on stock options borrowed from the French newspaper Libération, is an attempt at establishing a dialogue between disciplines like argumentation theories, rhetorical criticism and discourse analysis. (shrink)

Rhodes seeks to defend her ‘conclusion that everyday ethics and medical ethics [are] incompatible’.1 She challenges ‘views that medical ethics is nothing more than common morality applied to clinical matters’ (Rhodes, p2).1 Beauchamp and Childress explicate the term ‘common morality’ at length.2 Nowhere do they claim that medical ethics is ‘nothing more than common morality applied to clinical matters’. Here is what they do say: “The origin of the norms of the common morality is no different in principle from the (...) origin of the norms of a particular morality for a medical or other profession … The primary difference is that the common morality has authority in all communities, whereas particular moralities are authoritative only for specific groups” (Beauchamp and Childress, p8).2 This critique discusses the seven examples Rhodes uses to illustrate her main point: that common morality and medical ethics are radically different. I contend that common morality accounts for the purported differences she cites. In ordinary life, people can simply mind their own business, whereas physicians have a duty to act in their professional setting. On this view, common morality cannot explain the moral obligation people have to prevent easily avoidable harm to others. A bystander …. (shrink)

By whatever general principles and mechanisms animal behavior is governed, human behavior control rides piggyback on top of the same or very similar mechanisms. We have reflexes. We can be conditioned. The movements that make up our smaller actions are mostly caught up in perception-action cycles following perceived Gibsonian affordances. Still, without doubt there are levels of behavior control that are peculiar to humans. Following Aristotle, tradition has it that what is added in humans is rationality ("rational soul"). Rationality, however, (...) can be and has been characterized in many different ways. I am going to speculate about two different kinds of cognitive capacities that we humans seem to have, each of which is at least akin to rationality as Aristotle described it. The first I believe we share with many other animals, the second perhaps with none. Since this session of the conference on rational animals has been designated a "brainstorming" session, I will take philosopher's license, presenting no more than the softest sort of intuitive evidence for these ideas. (shrink)

Globalization -- Globalization and the environment -- Climate change and the crisis of philosophy -- Social conscience and global market -- Categories, environmental indicators, and the enlightenment market -- Environmentalism -- Pessimistic realism and optimistic total management -- Population statistics and modern governmentality -- Pragmatism -- Technological enframing -- Heidegger, the origin and the finitude of civilization -- Technology and the kultur of late modernity -- Embodied subjectivity and the critique of modernity.

This article reviews some of the definitions in circulation that reveal the varied perspectives and goals of the field of neuroethics. It discusses a brief taxonomy of neuroethical questions. It deals with two specific contentious issues, one clinical and one from social sciences and shows how neuroethicists can serve to inform and to protect. Neuroethicists need education that encompasses many domains. The study describes the academic grounding and qualifications that should be required and also considers the pivotal roles neuroethicists should (...) play. It contributes views that may help define the field of neuroethics and give structure and relevance to its activities. Finally, it concludes that neuroethicists are needed, now more than ever. (shrink)

IT IS A COMMONLY HELD VIEW that a clear distinction can be made between what a person does and what happens to him. This distinction is usually assumed, rather than argued for, and it is made to do some work--a load it seems unable to bear--in contemporary philosophy of action. Minimally, the thesis asserts that a man's actions are those things he does. This thesis is used to support the view that it is a conceptual error or otherwise inappropriate to (...) attempt to provide causal explanations of human actions. It is frequently argued that although what happens to a person is an event subsumable under causal laws, a person's action is not amenable to causal explanations. (shrink)

I argue that critical realists think pretty much what Tukka Kaidesoja says that he himself thinks, but also that Kaidesoja’s objections to the views that he attributes to critical realists are not persuasive.

This article considers the extent to which the debate about animal rights can be enriched by Richard Rorty’s theory of rights. Although Rorty’s work has enjoyed a lot of scholarly attention, commentators have not considered the implications of his arguments for animals. Nor have theorists of animal rights engaged his approach to rights. This paper argues that Rorty’s thinking holds a number of attractions for proponents of animal rights. It also considers some of its drawbacks. It is further argued that (...) Rorty’s thinking about rights avoids many of the problems that animal ethic of care theorists have found in rights discourse being applied to animals. Rorty’s work thus provides a valuable resource for bringing these two major strands within the animal ethics literature into closer theoretical kinship. (shrink)

In this paper I consider the surprise examination paradox from a practical perspective, paying special attention to the communicative role of the teacher’s promise to the students. This perspective, which places the promise within a practice, rather than viewing it in the abstract, imposes constraints on adequate solutions to the paradox. In the light of these constraints, I examine various solutions which have been offered, and suggest two of my own.

This collection brings together many of the most influential criticisms of Kantian philosophy, from his own time to the present day. Volume I is historical, including Kant criticism from Schiller to Buchdahl. It contains some previously untranslated material. Volumes II, III and IV include recent essays on Kant, covering the major aspects of his work. Volume II looks at the Critique of Pure Reason, Volume III at Kant's moral and political philosophy, and Volume IV at the Critique of Judgement and (...) the relation of the third Critique to the other two. The volumes will be of great value to anyone with a serious interest in Kant's philosophy. (shrink)

The book brings together social philosophy and educational theory. Liberalism's unresolved tensions between freedom and equality, public and private good, individual and state, etc., are illuminated by controversies in educational theory and policy.

Throughout the 3-year war in Lebanon (1982-1985) and throughout the 7 years of the first Intifada (1987-1994), about 170 objecting reservists chose to adopt an unconventional mode of moral resolution for their dilemma about service in the conflict: they disobeyed the order to serve in the war zone when their unit was called up. They argued that such service would contradict the dictates of their conscience. At the outset, the intention of most of these reservists was to comply with orders (...) for general military service. They asked to serve within the Green Line. When their request was overruled and they continued to disregard their call-up, they were charged with a disciplinary offense (Israel has no legal provision for selective conscientious objection). They subsequently were tried by court-martial and were sentenced to 14-35 days in military prison, some of them more than once when they refused additional drafts. Their major conscientious claims revolve around two major constraints: resisting the unfair physical load of military reserve service and resisting the obligation to face morally no-win situations. I would further argue that even though most of the public and the senior army echelons were familiar with these two types of moral voices, they preferred to remove the conscientious soldiers from their posts, or to ignore the claims themselves. (shrink)