In lieu of an abstract, here is a brief excerpt of the content:IntroductionWilliam T. Myershenning offers a most significant work that deals with fundamental yet neglected subjects in Dewey's philosophy, and she challenges much of the cognitive and linguistic efforts to recast pragmatism as part of the epistemology industry. She does all of this by asking questions that we have not really engaged before.Henning's central argument is that Dewey's theory of mind offers an implicit theory of the unconscious, one that (...) has more in common with psychodynamic understandings of the self than with the cognitive-behaviorism that has become the dominant model for the American mind. This kinship between Dewey and psychodynamic perspectives is found in its rejection of atomistic experience and its emphasis on the felt dimensions of experience. Although the recent revival of interest in Dewey has most often linked him with a more linguistic pragmatism and epistemology, Henning moves away from that trend to re-engage with Dewey's "cultural naturalism," returns to the question of what Dewey means by "experience," and advocates for the value of the non-linguistic, non-cognitive portion therein.It is through Dewey's theory of quality that Henning finds a clear connection to the unconscious. Dewey holds that we live in a qualitative world, that we experience the world as affectively charged, and he claims that things come together only insofar as they are pervaded by a single unifying quality. The process of knowing anything begins first in an immediate, sensuous, and affective experience, a dimension that eludes linguistic symbols. That is, there is an ineffable portion of experience that supports our discursive practices and can never be exhausted by them. Henning holds that insofar as qualities resist language and are immediately and sensuously available, there is also a sense in which they guide and form experience unconsciously. [End Page 75]Having set forth her background and thesis in the first half of the book, Henning then turns to Dewey's conceptions of aesthetic and religious experience, where she finds the best evidence for an implicit proposal for a theory of the unconscious. She starts with Dewey's notion that we are primarily aesthetic creatures. The aesthetic is the realm of human experience that most effectively communicates its qualitative dimension. Henning then demonstrates the nature of the aesthetic unconscious through encounters with art, desire, and the sacred. [End Page 76]William T. MyersBirmingham-Southern CollegeCopyright © 2024 The Board of Trustees of the University of Illinois... (shrink)

The science of ecology has sensitized us to the intricate causal chains in nature and to the threat to the life system posed by environmental misuse. Responding to the data provided by environmental science, some philosophers have called for fundamentally new ethical principles—a recognition of nonhuman values and an extension of rights not only to animals but to inanimate parts of nature. These attempts to develop an ecological ethic call for radical conceptual revision of the way in which most persons (...) perceive man and the world. This paper explicates those revisions and points to some philosophical difficulties which confront them. (shrink)

This Article is a socio-legal analysis of the California State Bar lawyer discipline system. The article draws on legal professions theory, legal ethics, legal history, and cultural analysis, and it is based on archival data, interviews with State Bar actors, and empirical data on the Bar's disciplinary system. The article examines the historical and cultural context of a perceived crisis in California State Bar lawyer discipline in the 1980s and 1990s and concludes that, while the crisis stemmed from demonstrable organizational (...) ineffectiveness in the lawyer discipline system of the State Bar, it also needs to be understood as part of a larger--and recurring--crisis of professionalism in the legal profession.The article also examines the Bar's response to the discipline crisis and argues that, contrary to the bar's harshest critics (and critical professions theory), the reforms initiated by the Bar and imposed by the state legislature improved the lawyer disciplinary system in California. Nevertheless, the article concludes that organizational and structural factors identified in this study limit the effectiveness of any system of lawyer self-regulation. (shrink)

This article is part of a Symposium that examines the legal and policy issues raised by the Schwarzenegger bobblehead doll litigation, in which a Hollywood star-turned-governor sued under California's right of publicity laws and under federal copyright law to stop a small Ohio company from selling a bobblehead doll depicting Schwarzenegger in a business suit, with a bandolier of bullets, and brandishing an assault rifle. The article contends that defendants' unauthorized use of the Schwarzenegger image on dolls and their accompanying (...) packaging was permissible as First Amendment-protected free speech under California's right of publicity laws and also constituted fair use under federal copyright law. The article rejects the argument that a First Amendment defense to plaintiff's right of publicity claims was unavailable because a bobblehead doll is not a "traditional" medium of expression for ideas. The article recognizes that overly expansive assertions of rights of publicity and other intellectual property rights threaten to stifle creative expression and diminish the cultural commons. The article also calls for clearer and more consistent recognition of defenses to right of publicity claims, particularly for cases where a defendant's unauthorized appropriation of another's image or likeness is for purposes of caricature, parody, or satire¿especially where the image is that of a politician. It concludes that the settlement of the Schwarzenegger bobblehead doll case illustrates how "strategic" assertions of even objectively non-meritorious rights of publicity can allow powerful plaintiffs to censor unflattering depictions of them and to unduly expand intellectual property rights without full adjudication on the merits of such claims.This insight is critical, because while other scholars have suggested that the "over-protection" of intellectual property rights (including rights of publicity) has a deleterious effect on freedom of expression and the public domain, these criticisms focus almost exclusively on published appellate cases. Yet, as this article reminds us, most cases settle and never become litigated cases, much less published appellate decisions. And most disputes - including intellectual property disputes - never result in formal litigation in the first instance. As with most other areas of the civil disputing process, intellectual property disputes are processed in the "shadow of the law", where repeat players have strategic advantages to shape the outcomes of disputes in their favor. Thus, if we want to know whether intellectual property rights are over-protected, we need to know what happens (and why) in the shadow of intellectual property law. This insight is the basis for the author's empirical research-in-progress focusing on "strategic intellectual property enforcement" by owners of trademarks, copyrights, and patents, including enforcement that never results in litigation and is thus under the radar of what most legal scholars in this area of law examine. (shrink)