Thurgood Marshall (1908?1993) profoundly shaped the direction and success of the American civil rights struggle. Joining the staff of the National Association for the Advancement of Colored People (NAACP) in 1936, he headed its Legal Defense and Educational Fund from 1939 until 1961, subsequently becoming a federal appeals court judge, Solicitor General, and Justice of the US Supreme Court. Marshall was more an egalitarian integrationist than a pluralist and deployed the law in pursuit of this moral objective. (...) Although tolerant of the Communist Party in the 1930s and 1940s, he supported anti?communism in the 1950s as a means of gaining significant support for black civil rights from the federal government. On the Supreme Court, Marshall sought to extend equality not only to African Americans but also to women, gays and the poor. Flexible and pragmatic, Marshall viewed the law as a means to an end, and the relevant end, or ideal, for him was liberal equality. (shrink)

In analyzing the development of the concept of civil rights since the adoption of the Fourteenth Amendment, two historical accounts seem available. According to the first account, the concept initially encompassed a relatively limited set of rights, associated with the ability of all citizens to engage in the productive activities of the economy and avail themselves of the protection of the legal system. Then the concept gradually expanded to include what had initially been thought of as political rights, such as (...) the right to vote, and then to identify the entire set of rights to equal treatment in all domains of life outside a relatively narrowly-defined private sphere. According to the second account, the concept of civil rights was fuzzy from the outset; although political actors spoke as if they had a clear understanding of distinctions among civil, political, and social rights, close examination of their language shows that the distinctions tended to collapse under slight pressure. (shrink)

The views of Frederick Douglass, Thurgood Marshall, and Clarence Thomas on how the United States Constitution should be read are examined. Thomas claims that his understanding of the Constitution aligns with Douglass. I conclude that Thomas misunderstands the strategy of Douglass and fails to appreciate the honesty of Marshall.

On June 11, 1963, in a dramatic gesture that caught the nation's attention, Governor George Wallace physically blocked the entrance to Foster Auditorium on the University of Alabama's campus. His intent was to defy Attorney General Nicholas Katzenbach, sent on behalf of the Kennedy administration to force Alabama to accept court-ordered desegregation. After a tense confrontation, President Kennedy federalized the Alabama National Guard and Wallace backed down, allowing Vivian Malone and James Hood to become the first African Americans to enroll (...) successfully at their state's flagship university. That night, John F. Kennedy went on television to declare civil rights a "moral issue" and to commit his administration to this cause. That same night, Medgar Evers was shot dead. In The Schoolhouse Door, E. Culpepper Clark provides a riveting account of the events that led to Wallace's historic stand, tracing a tangle of intrigue and resistance that stretched from the 1940s, when the university rejected black applicants outright, to the post-Brown v. Board of Education era. We are there in July 1955 when Thurgood Marshall and lawyers at the NAACP Legal Defense Fund win for Autherine Lucy and "all similarly situated" the right to enroll at the university. We are in the car with Lucy in February 1956 as university officials escort her to class, shielding her from a mob jeering "Lynch the nigger," "Keep 'Bama white," and "hit the nigger whore." Clark exposes the many means, including threats and intimidation, used by university and state officials to discourage black applicants following the Lucy episode. And he explains how University of Alabama president Frank Anthony Rose eventually cooperated with the Kennedy administration to ensure a smooth transition toward desegregation. We also witness Robert Kennedy's remarkable face-to-face plea for Wallace's cooperation and the governor's adamant refusal: "I will never submit voluntarily to any integration in a school system in Alabama." As Clark writes, Wallace's carefully orchestrated surrender would leave the forces of white supremacy free to fight another day. And the Kennedys' public embrace of the civil rights movement would set in motion a political transformation that changed the presidential base of the Democratic party for the next thirty years. In these pages, full of courageous black applicants, fist-shaking demonstrators, and powerful politicians, Clark captures the dramatic confrontations that transformed the University of Alabama into a proving ground for the civil rights movement and gave the nation unforgettable symbols for its struggle to achieve racial justice. (shrink)

ExcerptThe reasons why individual nations and even individual people subscribe to notions of human rights vary enormously. Rationales range from idealism to realpolitik and sound in competing registers of theology, social contract, nature, utility, and game theory.1 Pervasive in discussions of human rights is the dignity of each person as both a reality and a normative guide. Capacious and ambiguous, this notion of dignity may invite agreement precisely because different people project different meanings onto it. Its recognition, though, can inspire (...) attitudes of respect and civility even when we disagree. Dignity thus serves less as a foundation and more as a lodestar, an aspiration. Justice Thurgood Marshall once explained, “A child born to a [B]lack mother in a state like Mississippi… has exactly the same rights as a white baby born to the wealthiest person in the United States. It’s not true, but I challenge anyone to say it is not a goal worth working for.”2. (shrink)

It has been apparent for at least a decade that liberal constitutional theory is in deep trouble. Of course there are many versions of liberal constitutional theory, but they have essentially no connection to existing practices of constitutional law, considering as practices of constitutional law all the activities of our institutions of government that implicate - interpret, advance, deal with, whatever - fundamental principle. Instead, liberal constitutional theory's vision of the future is nostalgia for the past. For liberal constitutional theorists (...) the Warren Court, or Justice Brennan, basically got everything right, at least in their approach to identifying constitutional law. True, they may have faltered sometimes in implementing constitutional principles, but all that needs to be done today is to appoint justices in the mold of Warren, Brennan, or Thurgood Marshall. And here I really do mean all that needs to be done: No rethinking of what constitutional law is all about seems needed to liberal constitutional theorists. (shrink)

Siblings Carol and Jordan Steiker come by their opposition to capital punishment honestly. As law clerks to Justice Thurgood Marshall, an inveterate abolitionist, they observed and participated in...

This chapter contains sections titled: Must Liberty and Equality Come Apart? Freedom of Conscience Self‐Ownership and Universal Suffrage Slavery Women's Rights The Cold War Thurgood Marshall Discussion Acknowledgments.

This essay supplies an historical review of black thought (from the Civil War forward) in the American South. Its emphasis is upon the biography of figures born in the region, whether resident or exile, concentrating on three foundational actors: Booker Washington, Frederick Douglass and Ida Wells. Significant strands of later thought are seen as largely derived from the latter two. The thematic anchor of this review is ‘resistance and nonviolence’, involving (1) a primary focus on equal rights, (2) a derivative (...) focus on emancipation and desegregation, (3) exploration of nonviolence as a mode of resistance to oppression, (4) exploration of liberative violence, and (5) a larger concern with the appropriate type and degree of integration/separation implicit in or consistent with an equal rights regime. Douglass and Wells are cast as attending to sub‐themes (1) and (2).This essay is designed to fit within the larger framework of the collection, in which the religious leaders Howard Thurman and Martin King are allocated to sub‐theme (3), the novelist Richard Wright to (4), and the lawyers Thurgood Marshall, Barbara Jordan and Fred Gray to (5). The future challenge to black thought is assumed to lie in deeper reflection on (5), with a view to locating an ever more perfect balance between ‘nation’ (the ethnic community of Afro‐America) and ‘state’ (the US federal government). (shrink)

"Margaret Cavendish's philosophical work is at last taking its rightful place in the history of seventeenth-century thought, but her writings are so voluminous and wide-ranging that introducing her work to students has been difficult—at least until this volume came along. This carefully edited abridgment of _Observations upon Experimental Philosophy_ will be indispensable for making Cavendish's fascinating ideas accessible to students. Marshall's Introduction provides a helpful overview of themes in Cavendish's natural philosophy, and the footnotes contain useful background information about (...) some of the texts and philosophers that Cavendish mentions. The additional selections from Descartes, Hobbes, Boyle, and Hooke also help contextualize Cavendish's views." —Deborah Boyle, _College of Charleston_. (shrink)

Background on probability and evolution -- Laying the foundation. Population-environment systems ; Causal probability and empirical practice ; Irrelevance of fitness as a causal property of token organisms ; Roles of environmental variation in selection -- Reconstructing evolution and chance. Populations in biological practice: Pragmatic yet real ; Real causation in pragmatic population-environment systems ; Fitness concepts in measurement and modeling ; Chance in population-environment systems ; The input measure problem for MM-CCS chance -- Conclusion.

"Building upon the wide range of selections and the extensive historical coverage that marked previous editions, this new compilation stretches from the earliest attempts to define the cinema to the most recent efforts to place film in the contexts of psychology, sociology, and philosophy, and to explore issues of gender and race. Reorganized into eight sections - each comprising the major fields of critical controversy and analysis - this new edition features reformulated introductions and biographical headnotes that contextualize the readings, (...) making the text more accessible than ever to students, film enthusiasts, and general readers alike. The seventh edition also integrates exciting new material on feminist theory, queer cinema, and global cinema, as well as a new section, "Digitization and Globalization," which engages important recent developments in technology and world cinema.". (shrink)

At no time in recent decades has more attention been paid to ethical issues in pregnancy. Particularly riveting—and alarming, to many—was the passage of Senate Bill 8, a Texas law banning abortion...

Intrinsicality is a central notion in metaphysics that can do important work in many areas of philosophy. It is not widely appreciated, however, that there are in fact a number of different notions of intrinsicality, and that these different notions differ in what work they can do. This paper discusses what these notions are, describes how they are related to each other, and argues that each of them can be analysed in terms of a single notion of intrinsic aboutness that (...) relates states of affairs to the things they are intrinsically about. (shrink)

Topics in Cognitive Science, Volume 14, Issue 2, Page 388-399, April 2022.

There has long been interest in why languages are shaped the way they are, and in the relationship between sign language and gesture. In sign languages, entity classifiers are handshapes that encode how objects move, how they are located relative to one another, and how multiple objects of the same type are distributed in space. Previous studies have shown that hearing adults who are asked to use only manual gestures to describe how objects move in space will use gestures that (...) bear some similarities to classifiers. We investigated how accurately hearing adults, who had been learning British Sign Language for 1–3 years, produce and comprehend classifiers in locative and distributive constructions. In a production task, learners of BSL knew that they could use their hands to represent objects, but they had difficulty choosing the same, conventionalized, handshapes as native signers. They were, however, highly accurate at encoding location and orientation information. Learners therefore show the same pattern found in sign-naïve gesturers. In contrast, handshape, orientation, and location were comprehended with equal accuracy, and testing a group of sign-naïve adults showed that they too were able to understand classifiers with higher than chance accuracy. We conclude that adult learners of BSL bring their visuo-spatial knowledge and gestural abilities to the tasks of understanding and producing constructions that contain entity classifiers. We speculate that investigating the time course of adult sign language acquisition might shed light on how gesture became conventionalized during the genesis of sign languages. (shrink)

A major account of the development of the political, religious, social and moral thought of John Locke.

It is often held that identity properties like the property of being identical to Paris are intrinsic. It is also often held that, while some logically uninstantiable properties are intrinsic, some logically uninstantiable properties are non-intrinsic. The combination of these views, however, raises a problem, since virtually every existing account of intrinsicality fails to analyse a notion of intrinsicality on which both these views are true. In this paper, I argue that, given the orthodox theory of counterlogicals, there is no (...) notion of intrinsicality on which both these views are true. If this argument is sucessful, then, at least given orthodoxy about counterlogicals, we face no challenge in analysing a notion of intrinsicality on which both these views are true, since there is no such notion. In addition, if we are also convinced that there is a notion of intrinsicality on which one of these views is true and a notion of intrinsicality on which the other of these views is true, we should hold that there is more than one notion of intrinsicality. (shrink)

Introduction.-God in the Copernician world.-God in the Newtonian world.-God in the Kanthian world.-God in the Darwinian world.-Science and theism today.-Epologue: The future of theism.

An intrinsic property is roughly a property something has in virtue of how it is, as opposed to how it is related to other things. More carefully, the property of being F is intrinsic iff, necessarily, for any x that is F , x is F in virtue of how it is, as opposed to how it is related to wholly distinct things, or how wholly distinct things are. An extrinsic property, on the other hand, is any property that is (...) not intrinsic. An example of an extrinsic property is the property of being an uncle. The property of being an uncle is extrinsic since, necessarily, any uncle is an uncle at least partly in virtue of how it is related to people wholly distinct from them. Examples of intrinsic properties are more controversial. It is widely held, however, that both the property of being cubical and the property of being made of tin are examples of intrinsic properties. (shrink)

This book provides an historical and a conceptual background to post-structuralism, and in part to post-modernism, for readers entering the discussions on post-structuralism. It does not attempt to be at the cutting edge of these debates nor to be advancing research in these areas. It does however look at the educational implications of the ideas discussed. The intention behind this collection was to provide a sound introduction to the key positions of a number of French poststructuralist thinkers who are being (...) increasingly referred to, used as support, and even embraced by theorists in educational discourse. The editor and contributors to this volume are concerned that these thinkers have been misappropriated on occasions. That is why this volume concentrates on the historical and intellectual background of these philosophers. Each of the authors of the chapters in this collection deals with 'their' philosopher in the areas of: brief biographical details; key philosophical ideas; and the applications in, or implications of their work for education. (shrink)

All Christians read the Bible differently, pray differently, value their traditions differently, and give different weight to individual and corporate judgment. These differences are the basis of conflict. The question Christian ethics must answer, then, is, "What does the good life look like in the context of conflict?" In this new introductory text, Ellen Ott Marshall uses the inevitable reality of difference to center and organize her exploration of the system of Christian morality. What can we learn from Jesus' (...) creative use of conflict in situations that were especially attuned to questions of power? What does the image of God look like when we are trying to recognize the divine image within those with whom we are in conflict? How can we better explore and understand the complicated work of reconciliation and justice? This innovative approach to Christian ethics will benefit a new generation of students who wish to engage the perennial questions of what constitutes a faithful Christian life and a just society. (shrink)

This essay, published shortly before the 2020 U.S. presidential election (mired in controversy over a potential judicial appointment to the Supreme Court), celebrates Daniel Callahan's prescient book Abortion: Law, Choice and Morality. Nothing could be timelier. Callahan's central question was the “moral and social” struggle requisite for coherent policies and laws regulating abortion. He rejected “one‐value” positions and strove to develop an expansive middle ground. He decried emotion untutored by reason, crude polemics, and bludgeoning: his recipe for a “noxious brew.” (...) Callahan's way of thinking preceded the development of a critical health humanities, the advent of moral foundations theory in psychology, and the philosophical concept of a moral imagination. Each of these inheres in his rigorous approach to the abortion problem. His honesty and humility led to a sea change in his position on abortion. Fifty years later, much can still be learned from Callahan's arguments—about abortion and other bioethics issues—most importantly, in how we address wider social issues in these polarized times. (shrink)

Based on an examination of Galileo’s mechanics, Peter Machamer and Andrea Woody proposed the scientific use of what they call models of intelligibility. As they define it, a model of intelligibility is a concrete phenomenon that guides scientific understanding of problematic cases. This paper extends Machamer and Woody’s analysis by elaborating the semantic function of MOIs. MOIs are physical embodiments of theoretical representations. Therefore, they eliminate the interpretive distance between theory and phenomena, creating classes of concrete referents for theoretical concepts. (...) Meanwhile, MOIs also provide evidence for historical analyses of concepts, like ‘body’ or ‘motion’, that are otherwise thought to be too basic for explicit explication. These points are illustrated by two examples also drawn from Galileo. First, I show how the introduction of the balance as an MOI leads Galileo to reject the Aristotelian conception of elemental natures. Second, Galileo’s rejection of medieval MOIs of circular motion constrains the reference of ‘conserved motion’ to curvilinear translations, thereby excluding the rotations that had been included in its scope. Both uses of MOIs marked important steps toward modern classical mechanics. (shrink)

_ Source: _Page Count 26 The dilemma of presentism is sometimes represented as a choice between the increased relevance and utility of a historiographic practice that can articulate its relation to the present and the increased objectivity or openness to the otherness of the past of a historiographic practice that articulates the past “on its own terms.” The present article argues that, at least with reference to intellectual history, we should understand that ideas appear most fully when they are run (...) through a multitude of contexts and not rooted exclusively in circumstances contemporaneous to _either_ the original emergence of an idea _or_ the writer and first reader of the historical account. The following thesis is advanced: ideas appear only over time, and the contextualization, decontextualization, and recontextualization of ideas in different places and times are all essential to such intellectual historical “appearance.” The article then articulates its position more precisely by means of Robert Brandom’s inferentialism. And, finally, this line of inquiry is exemplified and interrogated by means of a concrete historiographic case—namely, a political theoretical investigation of the intellectual legacy of the Weimar Republic. (shrink)

PREFACE. THE Author of this very practical treatise on Scotch Loch - Fishing desires clearly that it may be of use to all who had it. He does not pretend to have written anything new, but to have attempted to put what he has to say in as readable a form as possible. Everything in the way of the history and habits of fish has been studiously avoided, and technicalities have been used as sparingly as possible. The writing of this (...) book has afforded him pleasure in his leisure moments, and that pleasure would be much increased if he knew that the perusal of it would create any bond of sympathy between himself and the angling community in general. This section is interleaved with blank shects for the readers notes. The Author need hardly say that any suggestions addressed to the case of the publishers, will meet with consideration in a future edition. We do not pretend to write or enlarge upon a new subject. Much has been said and written-and well said and written too on the art of fishing but loch-fishing has been rather looked upon as a second-rate performance, and to dispel this idea is one of the objects for which this present treatise has been written. Far be it from us to say anything against fishing, lawfully practised in any form but many pent up in our large towns will bear us out when me say that, on the whole, a days loch-fishing is the most convenient. One great matter is, that the loch-fisher is depend- ent on nothing but enough wind to curl the water, -and on a large loch it is very seldom that a dead calm prevails all day, -and can make his arrangements for a day, weeks beforehand whereas the stream- fisher is dependent for a good take on the state of the water and however pleasant and easy it may be for one living near the banks of a good trout stream or river, it is quite another matter to arrange for a days river-fishing, if one is looking forward to a holiday at a date some weeks ahead. Providence may favour the expectant angler with a good day, and the water in order but experience has taught most of us that the good days are in the minority, and that, as is the case with our rapid running streams, -such as many of our northern streams are, -the water is either too large or too small, unless, as previously remarked, you live near at hand, and can catch it at its best. A common belief in regard to loch-fishing is, that the tyro and the experienced angler have nearly the same chance in fishing, -the one from the stern and the other from the bow of the same boat. Of all the absurd beliefs as to loch-fishing, this is one of the most absurd. Try it. Give the tyro either end of the boat he likes give him a cast of ally flies he may fancy, or even a cast similar to those which a crack may be using and if he catches one for every three the other has, he may consider himself very lucky. Of course there are lochs where the fish are not abundant, and a beginner may come across as many as an older fisher but we speak of lochs where there are fish to be caught, and where each has a fair chance. Again, it is said that the boatman has as much to do with catching trout in a loch as the angler. Well, we dont deny that. In an untried loch it is necessary to have the guidance of a good boatman but the same argument holds good as to stream-fishing... (shrink)

This paper examines the societal paradigm shift growing from the tension between traditional institutional structures, in law and medicine for example, and the expansion of the human population. Similarly, the definition of “reality” in relation to the technological ability to create “virtual reality” in this environment is examined as a cyberæsthetic component of this evolutionary process. The question is presented as to whether the mere algebraic expansion of the traditional systems is adequate to maintain the relationship between human beings and (...) technology despite the pressure of increasing population numbers. At issue is the proposition of whether the quality of human existence is diminished by the rapid onset of technological innovation. The corollary concept is the potential subjugation of human beings to the machine in the name of efficiency, with the movie “Metropolis” as the example from popular culture. Set in the context of the Three Laws, the paper presents an interdisciplinary examination as to the relationship between technological progress and the quality of life of the human species. (shrink)

According to the modal theory of facts and states of affairs, two facts or states of affairs are identical iff they are necessarily equivalent. One important argument against the modal theory is the causal argument of John Perry, which can also be applied with equal strength to a number of more moderate-grain theories of facts and states of affairs. I argue that, at least in its original form, the causal argument is unsound. I also argue that, while the argument can (...) be modified so that it avoids the problems of the original version of the argument, such modifications are at best only successful if they appeal to additional considerations involving either grounding or aboutness. Moreover, I argue that incorporating such considerations into the causal argument allows it to refute its targeted theories only if such considerations by themselves refute these theories. If this is correct, then the causal argument is at best superfluous and we should focus on these other considerations when evaluating these theories. The broader lesson from this is arguably that, in order to best evaluate these theories of facts and states of affairs, we shouldn’t focus on arguments involving causation, but we should instead focus on arguments that involve other notions, such as grounding and aboutness. (shrink)

There are few successful applications of automated reasoning over OWL-formalised bio-ontologies, and requirements are often unclearly formulated. Of what is available, usage and prospective scenarios of automated reasoning is often different from the straightforward classification and satisfiability. We list nine types of scenarios and specify the requirements in more detail. Several of these requirements are already possible in practice or at least in theory, others are in need of further research, in particular regarding the linking of the OWL ontology to (...) data, reasoning over roles, and dynamically linking modular ontologies. (shrink)

:This article focuses on historical queer cultural geographies of masculinities and to do so it focuses on two cases/places. The first is an archival case/place: a partial assembly of documents of beats and their uses during and in the wake of Gay Liberation in Australia. The second is a literary case/place: Thomas Mann's Death in Venice, a canonical twentieth-century imbrication of male homosexuality and geography. This article will seek to rationalize the mobilization of these two asynchronous cases/places through the insights (...) that both afford, when brought together, for elaborating contributions that queer readings of Nietzsche can make to contemporary queer theories of space, time and masculinities. (shrink)