This article contributes to debates concerning the sexualization of culture in the European context by analysing shifts in contemporary forms of British women’s sexual sexual subjectivities in relation to consumer culture. The article employs a ‘heterotopological’ analysis of how space is materialized through history, power and discourse. A two-part analysis is employed that, first, maps the history of British sex shops in relation to two discourses of sexuality and consumption, namely ‘safe’ and ‘seedy’; and second, analyses how these discourses can (...) be taken up and negotiated by young women today, as evidenced in a focus group discussion on ‘Ann Summers’. It concludes that new directions and interesting insights into the intersections of space, power, gender and sexuality within neoliberal postfeminist shifts in feminine identity can be made by considering female-oriented sex shops as ‘postfeminist heterotopias’. (shrink)

This review discusses the thesis advanced by Sarah Summers in her recent book. In particular it examines the three radical claims that structure her argument. First, that the commonly used analytical distinction between adversarial and inquisitorial traditions in criminal procedure should be abandoned. Secondly, that since the Continental reforms of the 19th century, criminal procedure can best be understood in terms of a single European procedural tradition. Thirdly, that the European Court of Human Rights has misconstrued the logic (...) of that single European procedural tradition by failing to understand that it involves the rejection of a ‘determinative’ pre-trial phase. Each of Summers’ three arguments is subjected to critical analysis and ultimately rejected as innovative and stimulating but flawed. (shrink)

This paper offers some further support to Sarah Summers’ argument, in «The Epistemic Ambitions of the Criminal Trial: Truth, Proof, and Rights», that we cannot separate process from outcome in the criminal trial—that the justification and legitimacy of the verdict (especially of a conviction) depends crucially on the procedure through which it was reached. Intuitive support for this view is found by considering the case of a guilty person who is convicted after a trial that denied him the (...) opportunity or means for «effective participation»; further support is found in the provisions made for those who are «unfit to plead», those who lack the capacities necessary for effective participation in their trial. A firmer grounding for this view is then found in a theory of the criminal trial as a process through which alleged public wrongdoers are called to account—a process in which they should be active participants. (shrink)

Can one explain both the resilience of the status quo and the possibility for resistance from a subordinate position? This paper aims to resolve these seemingly incompatible perspectives. By extending Randall Collins's interaction ritual theory, and synthesizing it with Norbert Wiley's model of the self, this paper suggests how the emotional dynamics between people and within the self can explain social inertia as well as the possibility for resistance and change. Diverging from literature on the sociology of emotions that has (...) been concerned with individual emotional processes, this paper considers the collective level in order to explore how movement action is motivated. The emotional dynamics of subordinate positioning that limit women's options in face-to-face interactions are examined, as are the social processes of developing feminist consciousness and a willingness to participate in resistance work. Pointing toward empirical applications, I conclude by suggesting conditions where resistance is likely. (shrink)

The physical and relational structure of the biologic continuum (both internal and external to the organism) creates the information signature that is the basis for the origination of meaning in the living system. A meaning metric can be grounded in the significance of that information to the stability of the system during the process of adaptive reconciliation of divergences from the steady state condition. From this perspective, an information-theoretic formulation of the process for translating incident information into adaptive action is (...) proposed that can be practically used in defining and quantifying the meaning of that information for the living system. (shrink)

Research suggests that the explicit reasoning we offer to ourselves and to others is often rationalization, that we act instead on instincts, inclinations, stereotypes, emotions, neurobiology, habits, reactions, evolutionary pressures, unexamined principles, or justifications other than the ones we think we’re acting on, then we tell a post hoc story to justify our actions. I consider two benefits of rationalization, once we realize that rationalization is sincere. It allows us to work out, under practical pressure of rational consistency, which are (...) good reasons to act on. Rationalization also prompts us to establish meaningful patterns out of merely permissible options. (shrink)

Research suggests that the explicit reasoning we offer to ourselves and to others is often rationalization, that we act instead on instincts, inclinations, stereotypes, emotions, neurobiology, habits, reactions, evolutionary pressures, unexamined principles, or justifications other than the ones we think we’re acting on, then we tell a post hoc story to justify our actions. This is troubling for views of moral progress according to which moral progress proceeds from our engagement with our own and others’ reasons. I consider an account (...) of rationalization, based on Robert Audi’s, to make clear that rationalization, unlike simple lying, can be sincere. Because it can be sincere, and because we also have a desire to be consistent with ourselves, I argue that rationalization sets us up for becoming better people over time, and that a similar case can be made to explain how moral progress among groups of people can proceed via rationalization. (shrink)

This article uses behavioral theories to develop an ethical decision-making model that describes how psychological factors affect the development of unethical intentions to commit fraud. We evaluate the effects of the dark triad of personality traits on fraud intentions and behaviors. We use a combination of survey results, an experiment, and structural equation modeling to empirically test our model. The theoretical insights demonstrate that psychopathy, Machiavellianism, and narcissism affect different parts of the unethical decision-making process. Narcissism motivates individuals to act (...) unethically for their personal benefit and changes their perceptions of their abilities to successfully commit fraud. Machiavellianism motivates individuals not only to act unethically, but also alters perceptions about the opportunities that exist to deceive others. Psychopathy has a prominent effect on how individuals rationalize their fraudulent behaviors. Accordingly, we find that the dark triad elements act in concert as powerful psychological antecedents to fraud behaviors. (shrink)

It will be useful to consider briefly how the ideas surrounding “form” work in practice. Such ideas rapidly developed to a high stage of sophistication, subtlety, and complexity, but they did not, I believe, stray from the foundations I have tried to indicate for them. Let us consider the example of Wilhelm Worringer, who, like Alois Riegl, found it preferable to discuss ornament rather than images because ornament is a purer expression of form and therefore provides a less encumbered view (...) into form’s spiritual meaning. Concerning interlace ornament of the first millennium in Northern Europe, Worringer wrote that it is “impossible to mistake the restless life contained in this tangle of lines”; it is “the decisive formula for the whole medieval North.” The “need for empathy of this inharmonious people” requires the “uncanny pathos which attaches to the animation of the inorganic”; the “inner disharmony and unclarity of these peoples … could have borne no clearer fruit.”4 Here forms—mostly lines and edges and their relations—are compared to a natural outgrowth, a fruit, and are interpreted in such a way as to permit the characterization of all peoples among whom artifacts with such forms were made and used. The range of formal style becomes coextensive with the range of the deep principles of the worldview of races, nations, and epochs.It is not necessary to follow the ideas of form and expression to quite the hypertrophied consequences Worringer did, although many authors have done so and many more have done so less systematically. The important thing for my purposes is the pattern of inference from form to historical statements and conclusion. 4. Wilhelm Worringer,ion and Empathy: A Contribution to the Psychology of Style, trans. Michael Bullock , p. 77. David Summers is William R. Kenan, Jr. Professor of the History of Art at the University of Virginia. The author of Michelangelo and the Language of Art and The Judgment of Sense: Renaissance Naturalism and the Rise of Aesthetics , he is currently writing a book to be titled The Defect of Distance: Toward a University History of Art. (shrink)

The author presents a relatively formal theory of the rule of law which includes three basic components: conceptual, institutional and axiological. He then emphasizes the differences between a formal and a substantive theory of the rule of law and highlights the advantages and limits of the former. Finally, the author indicates the importance of this type of theory, namely the values it implies such as predictability, justified reliance, autonomous choice, minimization of disputes and legitimacy.**.

Truth is a fundamental objective of adjudicative processes; ideally, substantive as distinct from formal legal truth. But problems of evidence, for example, may frustrate finding of substantive truth; other values may lead to exclusions of probative evidence, e.g., for the sake of fairness. Jury nullification and jury equity. Limits of time, and definitiveness of decision, require allocation of burden of proof. Degree of truth-formality is variable within a system and across systems.

Multicultural Counseling: Responding With Cultural Humility, Empathy, and Advocacy is divided up into three sections. The first section is comprised of four chapters and explores the counselors' worldview. The second section is made up of 19 chapters that encapsulate the clients' worldview. The third section includes four chapters that demonstrate the application of multicultural counseling by broaching race and culture; providing culturally responsive assessment, diagnosing, and treatment planning; finding a supervisor who prepares advocates; and designing a culturally sensitive workplace. Each (...) chapter opens with questions designed to have counselors consider their beliefs, attitudes, and judgments and how they might show up in their work with diverse clients. Chapters include clinical case scenarios where students can conceptualize cases using empathy, humility, and advocacy. A distinguishing feature of this book is that it includes cultures that may have been overlooked elsewhere. The authors also sought to include various faiths in this text-such as agnosticism, atheism, and indigenous spiritual practices-with hopes that counselors' first experience with such would be in this book rather than on their couches with clients. Another chapter is dedicated specifically to transgender people. The goal of this book is to give learners the framework to begin to understand who the people are that they will be serving. (shrink)

This book addresses three major questions about law and legal systems: (1) What are the defining and organizing forms of legal institutions, legal rules, interpretive methodologies, and other legal phenomena? (2) How does frontal and systematic focus on these forms advance understanding of such phenomena? (3) What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political values such as democracy, liberty, and justice? This is the first book (...) that seeks to offer general answers to these questions and thus gives form in the law its due. The answers not only provide articulate conversancy with the subject but also reveal insights into the nature of law itself, the oldest and foremost problem in legal theory and allied subjects. (shrink)

... four most important American legal theorists of the last hundred years. Of the others, Oliver Wendell Holmes Jr., Roscoe Pound, and Karl N. Llewellyn, ...

The question ‘ What is addiction?’ seems to ask for a clinical or biological answer. The research on addiction has progressed much faster in biology and neuroscience than our philosophical understanding of that research.1 Therefore, it can be tempting to look to the relevant psychology or neuroscience to answer our philosophical questions, which ends up treating addiction entirely as a psychological or neurological matter. However, many of our questions about addiction are not fundamentally biological or neurological questions. Here, I suggest (...) that an answer to one question about addiction, the question of what addiction is, turns on the decidedly more philosophical. (shrink)

Many viruses evolved mechanisms for capping the 5′‐ends of their plus‐strand RNAs as a means of hijacking the eukaryotic messenger RNA (mRNA) splicing/translation machinery. Although capping is critical for replication, the RNAs of these viruses have other essential functions including their requirement to be packaged as either genomes or pre‐genomes into progeny viruses. Recent studies indicate that human immunodeficiency virus type‐1 (HIV‐1) RNAs are segregated between splicing/translation and packaging functions by a mechanism that involves structural sequestration of the 5′‐cap. Here, (...) we examined studies reported for other viruses and retrotransposons that require both selective packaging of their RNAs and 5′‐RNA capping for host‐mediated translation. Our findings suggest that viruses and retrotransposons have evolved multiple mechanisms to control 5′‐cap accessibility, consistent with the hypothesis that removal or sequestration of the 5′ cap enables packageable RNAs to avoid capture by the cellular RNA processing and translation machinery. (shrink)

My essay incorporates Irigaray's notion of the sensible transcendental, a dynamic attempt to reconstitute the body/mind dualism which founds Western thought, into a reading of the practice of European concert dance. I contend that Irigaray's efforts toward articulating a language of the body as active agent have much to offer analyses of dance practice, and develop this claim through a reading which reflects philosophically on the changing nature of my own dance activity.

The effects of parent rewards on youth outcomes have been studied extensively; however, research has not systematically categorized parent rewards. Centralizing the analysis of rewards within a given study would help compare the prevalence of reward types at superordinate and subordinate levels. Moreover, it could reveal which level is the most effective for assessing cultural group similarities and differences in a globalizing world. Mother-child conversations between European-American (n = 51) and Hispanic-American (n = 44) dyads were transcribed. A content analysis (...) assessed material and social reward talk themes and created new subthemes. A series of 2 (culture) × 2 (gender) ANCOVAs assessed cultural differences in reward talk themes and subthemes. Results revealed the prevalence of certain reward subthemes, like praise, significantly differed by cultural group. In conclusion, investigations with different cultural groups should consider reward talk on a subordinate level rather than superordinate. (shrink)

We sometimes want to understand irrational action, or actions a person undertakes given that their acting that way conflicts with their beliefs, their desires, or their goals. What is puzzling about all explanations of such irrational actions is this: if we explain the action by offering the agent’s reasons for the action, the action no longer seems irrational, but only a bad decision. If we explain the action mechanistically, without offering the agent’s reasons for it, then the explanation fails to (...) explain the behavior as an action at all. I focus on cases that result from compulsion or irresistible desire, especially addiction, and show that this problem of explaining irrational actions may be insurmountable because, given the constraints on action explanations, we cannot explain irrational actions both as irrational and as actions. (shrink)

Scholars have debated whether the sentiment of sixteenth century reformers against material forms of worship derived from certain Neo-Platonic ideas proliferating in parts of Europe and disseminated by Erasmus or from strictly Scriptural principles that were initially formulated by the Old Testament prophets and given fuller expression in the New. This essay studies the reformers′ interpretation of the phrase logikē latreia at Romans 12:1, as well as other key passages. It concludes that, whether consciously or subconsciously, the reformers borrowed language (...) concerning the material-spiritual dichotomy of worship, not directly from Neo-Platonists, but from a commonplace used by numerous Roman writers. Early Church Fathers had long ago turned the same commonplace against pagan rivals, but now the reformers were employing it against the Catholic Church itself. (shrink)

Volume 21 of _The Annual of Psychoanalysis_ is especially welcome for bringing to English-language readers timely contributions from abroad in an opening section on "Psychoanalysis in Europe." The section begins with a translation of Helmut Thomae's substantial critique of the current state of psychoanalytic education; Thomae's proposal for comprehensive reform revolves around a redefinition of the status of the training analysis in analytic training. Diane L'Heureux-Le Beuf's clinical diary of an analysis focusing on the narcissistic elements of oedipal conflict probes (...) the degree to which the analytic method can be applied to "nonstructured" analysands. And Nella Guidi shows the clinical value of supplementing Freud's notion of unobjectionable positive transference with the complementary notion of unobjectionable negative transference. Section II, on "Psychoanalysis and Hysteria," offers original contributions to Freud scholarship in the form of Jules Glenn's reconsideration of Dora's "Dynamics, Diagnosis, and Treatment"; William McGrath's analysis of the way Freud's hostility to religious superstition gained expression in his early work on hysteria; and Marian Tolpin's self-psychological reprise on the case of Anne O. The section concludes with Elisabeth Young-Bruehl and Sarah Cummin's provocative "What Happened to 'Anorexie Hysterique'?" which questions the contemporary separation of anorexia from hysteria and explore the sociohistorical reasons the separation came about. Section III, "Clinical and Theoretical Studies," begins with Nancy Kobrin's discussion of Freud's ideas about autonomy, including the terms Freud used and the way Strachey translated them into English. Her goal is to deepen our understanding of how Freud spoke and thought about an individual's sense of self. Frank Summers shows how object relations principles, which are shared by various object relations theories, can inform the conduct of analysis at all levels of pathology, including neurosis. And Henry Smith examines the meaning and value of the "analytic surface," a metaphor that highlights the relationship between the analyst's attention and the patient's attention. A final section on "Applied Psychoanalysis" offers contemporary examples of applied analytic inquiry in anthropology, art, and literature. Roy Grinker, III and Roy Grinker, Jr., in a methodological contribution to psychoanalytic anthropology, examine what is revealed when a native people are asked to retell a story introduced by them by their Western observers. Danielle Knafo explores the art and life of the Mexican surrealist Frida Kahlo through the concepts of the mirror, the mask, and the masquerade. And David Werman closes the volume with a comparative study of Edgar Allan Poe's and James Ensor's obsession with revenge, and the role it played in Poe's writing and Ensor's etchings, respectively. Bringing readers the influential reform proposals of Thomae, a rich sampling of recent Freud scholarship, applied contributions traversing three disciplines, and original clinical contributions reflecting American and European sensibilities, Volume 21 of _The Annual_ is true to the spirit of this distinguished series. It testifies to the scope of analytic inquiry, and it exemplifies the yield of such inquiry in the hands of gifted scholars and clinicians. (shrink)

People with Scrupulosity have rigorous, obsessive moral beliefs that lead to extreme and compulsive moral acts. These fascinating outliers raise profound questions about human nature, mental illness, moral belief, responsibility, and psychiatric treatment. Clean Hands? Uses a range of case studies to examine this condition and its philosophical implications.

How does social organization persist? How does social organization transform? This article proposes that social scientists can begin to answer these questions by considering social organization as the intermittent construction and decay of patterned action, and social actors as centers of organization with the capacity to exert force within some social scene. From this perspective, contexts that shape the dynamics of both actors and scenes could be imagined as turbulent flows that push and pull action into temporary patterns. By viewing (...) social organization as temporary vortexes of involvement within turbulent flows of action, social scientists can focus their attention on the processes at play in the creation, stabilization, and collapse of social organization. Such a perspective corrects some of the limitations in network and field approaches for investigating the fluidity of social organization. Key Words: social organization • timing • stability • cycles • social patterns. (shrink)

Introduction Ihe name of George Lewis first became known to me when I began to listen to traditional jazz bands, primarily Ken Colyer's, in England in the ...

. The author aims at defining the borderlines of the concept “rule of law.” This has been often inflated to encompass several dimensions of an ideal legal order. The author on the contrary believes that the “rule of law” ought to be a “thin” ideal. As a matter of fact, when the “rule of law” signifies almost any dimension of an ideal legal order, it comes to stand for nothing essential in particular. Deflation is then advocated for the rehabilitation of (...) the normative content of the “rule of law.” This means that the “rule of law” should be defined as a concept covering only some well delimited dimensions of an ideal legal order. (shrink)

.The author summarizes the essential elements of a general theory he is developing which he calls “The Formal Character of Law.” He explains that law's formal character is a potentially major branch of legal theory that is still relatively unexplored. In his view, it is possible to identify formal attributes in legal rules, other basic legal constructs such as interpretive method, the principles of stare decisis, legal reasons, and legislative and adjudicative processes, and a legal system viewed as a whole. (...) For example, a legal rule has, in varying degrees, such formal attributes as generality, definiteness, and simplicity. Such attributes are formal in the sense that they apply to or accommodate highly variable content and do not prescribe or proscribe content. Of course, legal phenomena have other characteristics besides their formality. The author's main technique for developing his theory is to address a common set of questions to the varied formal attributes of , , and above. Among other things, the answers to these questions further explicate how law is formal, demonstrate that law is not merely a means of serving problem‐specific policy but also serves formal values , treats the relations between form and content—specially how good form begets good content and bad form bad content, explores the design and implementation of appropriate formality—its “anatomy and physiology,” and analyses the “pathology” of legal form including not only the “formalistic” , but also the “sub‐stantivistic,” and shows how the overall theory is important both jurisprudentially and in practical ways. (shrink)

The author explains that there is scope for a general theory about the nature and place of form in the fundamentals of law. Form organizes the institutions, rules and other varieties of law, and the system as a whole. All such constructs have non‐formal elements, too, but form unifies each construct and provides its criteria of identity. Appropriate form makes a system of law possible. It also tends to beget good content in the law. It is indispensable to the basic (...) needs of a legal system, and when such an end is organizational, as with democracy, liberty, and the rule of law, form is end as well as means. (shrink)

Not the least interesting feature in Mr. C. C. J. Webb's new edition of John of Salisbury's Policraticus are the references to the passages of Roman literature from which his author has quoted or borrowed. One cannot speak too highly of the thoroughness with which the editor has carried out this part of his task; that a few cases of borrowing should have passed unnoticed, and the sources of a few quotations evaded his inquiries, was inevitable.

liii. 6. Seneca says that we try to conceal from ourselves the fact that we are ill, and can do this for a time. ‘Dubio et incipiente morbo quaeritur nomen, qui ubi ut talaria coepit intendere et utrosque dextros pedes fecit, necesse est podagram confiteri.’.