Originally titled “Is It Murder in Tennessee to Kill a Chimpanzee,” this article argues in some detail that typical legal definitions of “murder” as involving the intentional killing of “a reasonable being” would require classifying the intentional killing of chimpanzees as murder.

This collection of original essays, by some of the best known contemporary criminal law theorists, tackles a range of issues about the criminal law's 'special part' - the part of the criminal law that defines specific offences. One of its aims is to show the importance, for theory as well as for practice, of focusing on the special part as well as on the general part which usually receives much more theoretical attention. Some of the issues covered concern the proper (...) scope of the criminal law, for example how far should it include offences of possession, or endangerment? If it should punish only wrongful conduct, how can it justly include so-called 'mala prohibita', which are often said to involve conduct that is not wrongful prior to its legal prohibition? Other issues concern the ways in which crimes should be classified. Can we make plausible sense, for instance, of the orthodox distinction between crimes of basic and general intent? Should domestic violence be defined as a distinct offence, distinguished from other kinds of personal violence? Also examined are the ways in which specific offences should be defined, to what extent those definitions should identify distinctive types of wrongs, and the light that such definitional questions throw on the grounds and structures of criminal liability. Such issues are discussed in relation not only to such crimes as murder, rape, theft and other property offences, but also in relation to offences such as bribery, endangerment and possession that have not traditionally been subjects for in depth theoretical analysis. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:American Journal of Philology 122.2 (2001) 270-274 [Access article in PDF] Elizabeth S. Belfiore. Murder among Friends: Violation of "Philia" in Greek Tragedy. New York: Oxford University Press, 2000. xix + 282 pp. Cloth, $55. In explaining the kinds of situations that are dreadful or pitiable, Aristotle tells us in the Poetics (1453b14-23) that all actions occur between friends (philoi), enemies, or neither: the classification is evidently meant (...) to be exhaustive, and the third term, is added to the usual binary, friend or foe, for the sake of greater precision. Acts between enemies or neutral parties do not arouse pity, apart from the nature of the event itself (pathos). What one wants, then, is situations in which they occur en tais philiais, such as brother killing brother, son father, mother son, son mother, and the like--in other words, to judge from the instances Aristotle offers, when violence takes place within the family. The somewhat odd phrase, "within affective relationships"--embraces familial bonds, whereas en tois philois would, I believe, have suggested rather friends who are unrelated by blood.Such, at least, is my interpretation of the passage. Elizabeth Belfiore disagrees: in an appendix to the first chapter of her book, in which she discusses my published views on the question, she maintains that here "the noun philos surely has the same range as philia, and both refer primarily, if not exclusively, to relationships among close blood kin" (20). Whatever the sense of philos, however, Aristotle clearly means that tragedy is best at eliciting pity when it deals with tensions within the family, and, as Belfiore notes, such bonds are "central to more than half" the extant tragedies (xv)--and relations by marriage are not included in this figure. Of those fragmentary plays whose plots can be reconstructed with some confidence (Belfiore analyzes 141), 69 involve harm or the threat of harm to blood relatives, according to Belfiore. A dozen more focus on spouses, again classified separately under the heading "reciprocal relationships," which covers also xenia and suppliancy (202-3), although Belfiore (6) notes that Aristotle lists marriage under philia sungenikê (NE 9.4; EE 7.6-7), while guest-friendship belongs rather to koinônikê (supplication is not discussed in NE 8-9). "Reciprocal relationships" is thus a problematic class, since it includes bonds that the Greeks would, I think, have seen as quite distinct. Be that as it may, "Murder among Kin" might have been a more suitable title for this volume, especially [End Page 270] given that violence between friends in the narrow or modern sense is virtually nonexistent in Greek tragedy. It is an unfortunate consequence of broadening the meaning of philos that this circumstance goes unexplained in Belfiore's discussion.Before examining Belfiore's argument in more detail, let me first give an overview of the structure of the book. It falls into two halves of about equal length. The first part consists of a general overview of philia relations in Greek literature, followed by close readings of five tragedies. These include Euripides' Iphigenia in Tauris, where the danger is fratricide; Aeschylus' Suppliant Women, the theme of which is defined as "the suppliant bride"; Sophocles' Philoctetes, which is treated as a play about xenia; Euripides' Andromache; and Sophocles' Ajax, in which suicide is taken to be a violation of the most intimate kind of philia, that which obtains with oneself (the chapter title is "Killing One's Closest Philos").The second part consists of three appendices, the first of which summarizes the plots of the surviving tragedies other than the five singled out for treatment in the body of the text. These are arranged by category: blood kinship, subdivided in turn into "parent harms child," "child harms parent," "sibling harms sibling," and "harm to other blood kin" (17 plays in all); reciprocal relationships, covering marriage, xenia, and "suppliancy"; and exceptional plays, including Sophocles' Ajax and Euripides' Andromache. Within each subcategory, plays are treated by author, with individual works arranged in alphabetical order of the English titles. Thus, "parent harms child" begins with Aeschylus' Eumenides, followed... (shrink)

Griffiths and Stotz’s Genetics and Philosophy: An Introduction offers a very good overview of scientific and philosophical issues raised by present-day genetics. Examining, in particular, the questions of how a “gene” should be defined and what a gene does from a causal point of view, the authors explore the different domains of the life sciences in which genetics has come to play a decisive role, from Mendelian genetics to molecular genetics, behavioural genetics, and evolution. In this review, I highlight what (...) I consider as the two main theses of the book, namely: genes are better conceived as tools; genes become causes only in a context. I situate these two theses in the wider perspective of developmental systems theory. This leads me to emphasize that Griffiths and Stotz reflect very well an on going process in genetics, which I call the “epigenetization” of genetics, i.e., the growing interest in the complex processes by which gene activation is regulated. I then make a factual objection, which is that Griffiths and Stotz have almost entirely neglected the perspective of ecological developmental biology, and more precisely recent work on developmental symbioses, and I suggest that this omission is unfortunate in so far as an examination of developmental symbioses would have considerably strengthened Griffiths and Stotz’s own conclusions. (shrink)

This article explains the origins of the crime of intentional killing of a baby by a mother and analyzes the views of scientists in this regard. The article also discusses the objective and subjective signs of a mother's intentional killing of her child, the criminal liability of a mother for the deliberate killing of her own child in some foreign countries, and some issues of qualification according to her subjective characteristics. Also reasons for the murder of a newborn child (...) by a mother and criminal liability for it. The article defines concepts such as "simple intentional homicide", "secondary grievous homicide", "voluntary drinking", "child murder", "evil intent", "mental imbalance", and "newborn". The article analyzes that this crime curve was committed intentionally, according to the Criminal Code, if a person understood the socially dangerous nature of his actions, saw its socially dangerous consequences and consciously allowed them to occur, such a crime curve was found to be intentional. This article explores the socially dangerous nature of a mother’s intentional actions against her baby in this type of crime, sees its socially dangerous consequences, and consciously allows them to occur. The article contains the concept of "special subject" in the criminal law literature, according to which a person is distinguished from other subjects by additional features, ie subjects defined in the articles of the Special Part of the Criminal Code and having the necessary features for these crimes. The division of special subjects into groups according to different criteria was also analyzed. In the case of the deliberate killing of her own child by the mother, a separate statement of the concept of the time of birth of the crime and the notion of still birth is a necessary feature of the objective aspect of this crime, the article said. This monograph also analyzes the experience of several foreign countries. (shrink)

Cultural trauma occurs when members of a collectivity feel they have been subjected to a horrendous event that leaves indelible marks upon their group consciousness, marking their memories forever and changing their future identity in fundamental and irrevocable ways. While this new scientific concept clarifies causal relationships between previously unrelated events, structures, perceptions, and actions, it also illuminates a neglected domain of social responsibility and political action. By constructing cultural traumas, social groups, national societies, and sometimes even entire civilizations, not (...) only cognitively identify the existence and source of human suffering, but may also take on board some significant moral responsibility for it. Insofar as they identify the cause of trauma in a manner that assumes such moral responsibility, members of collectivities define their solidary relationships that allow them to share the suffering of others. Is the suffering of others also our own? In thinking that it might in fact be, societies expand the circle of the ‘we’ and create the possibility for repairing societies to prevent the trauma from happening again. By the same token, social groups can, and often do, refuse to recognize the existence of others’ suffering, or place the responsibility for it on people other than themselves. Empirically, this article extensively considers trauma construction in the case of the Holocaust – the mass murder of Jews by the German Nazis – but also examines trauma processes in relation to African-Americans, indigenous peoples, colonial victims of Western and Japanese imperialism, the Nanjing Massacre, and victims of the early communist regimes in Soviet Russia and Maoist China. (shrink)

When picking up a book titled Licensed to Practice: The Supreme Court Defines the American Medical Profession, one cannot be faulted for expecting a rather dry legal discourse on the Supreme Court case that cemented medical licensure as the norm of American life. James Mohr dispels these expectations from the very first page of the volume. Instead of recitation of legal doctrine, Mohr begins with a murder mystery. While we know from the very first pages the answer to “whodunit,” (...) the rest of the book masterfully explains why they did it. As it turns out, what led to the murder was an intense fight over the proper way to practice medicine. Mohr’s work is.. (shrink)

This is the first book in recent years to reconsider the shape and details of the English law of homicide, a topic avoided by governments in their plans for law reform. It discusses how the law should define murder, how it should respond to provoked killings, how it should deal with mentally abnormal killers, etc.

Introduction. Murder, some may suggest, is to be defined as the intentional and uncoerced killing of the innocent; and it is true by definition that murder is wrong. Yet wars, particularly modern wars, seem to require the killing of the innocent, e.g. through anti-morale terror bombing. Therefore war must be wrong.

“[A] murder prosecution is a poor way to design an ethical and moral code for doctors,” observed the California Court of Appeal in 1983. Yet, physicians who have chosen to help terminally ill patients to commit suicide have trespassed on illegal ground. When skilled medical care fails to relieve the pain of terminally ill patients, some people believe that physicians may assist in these suicides. Others reject any kind of physician involvement. The debate on assisted suiczide and active euthanasia (...) has focused on whether these acts can ever be acceptable. We propose to shift the debate to a less divisive issue: whether a caring physician who provides a suffering and ill patient with a prescription for a lethal dose of medication should be prosecuted as a felon. Even assisted suicide's opponents may object to such criminal prosecution. We propose to modify existing criminal laws to give physicians who assist their terminally ill patients in suicide, under carefully defined circumstances, a legal defense against criminal charges. (shrink)

In the past two decades, African American filmmakers like Spike Lee have made significant contributions to the dialogue about race in the United States by adapting techniques from classic _film noir _to black American cinema. This book is the first to examine these artistic innovations in detail from a philosophical perspective informed by both cognitive film theory and critical race theory. Dan Flory explores the techniques and themes that are used in black _film noir _to orchestrate the audience’s emotions of (...) sympathy and empathy felt toward morally complex characters whom people might not typically find appealing in real life, such as thugs, drug dealers, or murderers. Using an approach that combines the cognitive insights of theorists like David Bordwell, Noël Carroll, and Murray Smith with the reflective Wittgensteinian methods for considering film employed by Stanley Cavell, Stephen Mulhall, and William Rothman, Flory shows how these films scrutinize the state of race in America, induce their viewers to do so as well, and illuminate the ways in which categories of race have defined and continue to direct much of our vision of the moral self and what counts as appropriate moral sensibility. (shrink)

Moving from viruses, vaccines, and copycat murder to gay panics, xenophobia, and psychopaths, _Transforming Contagion_ energetically fuses critical humanities and social science perspectives into a boundary-smashing interdisciplinary collection on contagion. The contributors provocatively suggest contagion to be as full of possibilities for revolution and resistance as it is for the descent into madness, malice, and extensive state control. The infectious practices rooted in politics, film, psychological exchanges, social movements, the classroom, and the circulation of a literary text or meme (...) on social media compellingly reveal patterns that emerge in those attempts to re-route, quarantine, define, or even exacerbate various contagions. (shrink)

For all our knowledge of psychopathology and sociopathology--and despite endless examinations of abuse and torture, mass murder and genocide--we still don't have a real handle on why evil exists, where it derives from, or why it is so ubiquitous. A compelling synthesis of diverse schools of thought, Psychoanalysis of Evil identifies the mental infrastructure of evil and deciphers its path from vile intent to malignant deeds. Evil is defined as manufactured in the psyche: the acting out of repressed wishes (...) stemming from a toxic mix of harmful early experiences such as abuse and neglect, profound anger, negative personality factors, and mechanisms such as projection. This analysis brings startling clarity to seemingly familiar territory, that is, persons and events widely perceived as evil. Strongly implied in this far-reaching understanding is a call for more accurate forms of intervention and prevention as the author: Reviews representations of evil from theological, philosophical, and psychoanalytic sources. Locates the construction of evil in psychodynamic aspects of the psyche. Translates vague abstractions of evil into recognizable concepts. Exemplifies this theory with the lives and atrocities of Hitler and Stalin. Applies psychoanalytic perspective to the genocides in Turkey, Pakistan, Cambodia, and Rwanda. Revisits Hannah Arendt's concept of "the banality of evil." Psychoanalysis of Evil holds a unique position in the literature and will gather considerable interest among readers in social psychology, psychoanalysis, sociology, and political anthropology. Historians of mass conflict should find it instructive as well. (shrink)

In Coercion and Responsibility in Islam, Mairaj Syed explores how classical Muslim theologians and jurists from four intellectual traditions argue about the thorny issues that coercion raises about responsibility for one's action. This is done by assessing four ethical problems: whether the absence of coercion or compulsion is a condition for moral agency; how the law ought to define what is coercive; coercion's effect on the legal validity of speech acts; and its effects on moral and legal responsibility in the (...) cases of rape and murder.Through a comparative and historical examination of these ethical problems, the book demonstrates the usefulness of a new model for analyzing ethical thought produced by intellectuals working within traditions in a competitive pluralistic environment. The book compares classical Muslim thought on coercion with that of modern Western thinkers on these issues and finds significant parallels between them. The finding suggests that a fruitful starting point for comparative ethical inquiry, especially inquiry aimed at the discovery of common ground for ethical action, may be found in an examination of how ethicists from different traditions considered concrete problems. (shrink)

The paper covers the origins, development, perspectives and solutions of the civilizational catastrophe of humanity. Humanity is defined as the restricted number of ideal, material, and temporal qualities of human beings. Its civilizational catastrophe is the contingent evolution of the specific element of human consciousness implementing rationality and technique, knowing no limits and no purposes, progressing outside ideal, material, and temporal boundaries of humanity, overcoming on its way limitations of human savagery and transcendental elements. Due to the particular quality of (...) civilizational development, the law of humanity catastrophe could be stated, as the stage of civilization is inversely proportional to the level of humanity in human beings. Civilization catastrophe couldfinalize into other-being or non-being of humanity. Its evolution canalizes into different fields of activity, which are named categories of humanity civilization catastrophe, because each of them leads towards cardinal qualitative changes of humanity or its annihilation. The basic categories are elimination – civilized ability of humans to kill one another, speedization – permanent acceleration of the overhuman speed of civilizational processes; babylonization – the cobeingof different collective qualitative realizations; supermanization – scientific production of over-human being; transsexualization – the negation of sexual immobility of humanity; ballastization – the overproduction of information; ritualizatin – the murder of simple love activity in Jesus manner into ecclesiastic discourse. The onlysalvation of humanity is the total negation of civilization and selftransformation of humankind on the basis of its transcendental element which is love knowing no exceptions. (shrink)

A June 2020 survey found one in four Americans agreeing that “powerful people intentionally planned the coronavirus outbreak.” In fall 2020, seven percent said they believe the elaborate and grotesque mythology of QAnon; another eleven percent were unsure whether they believe it. November and December 2020 found tens of millions of Americans believing in election-theft plots that would require superhuman levels of coordination and secrecy among dozens, perhaps hundreds, of otherwise-unconnected and unidentified miscreants. Conspiracy theories are nothing new, and they (...) raise a question that preoccupied Hannah Arendt in The Origins of Totalitarianism: whatever happened to common sense? Arendt analyzed both conspiracy theories and totalitarian ideologies; in both, she argued, common sense was replaced by “supersense” – her name for all-encompassing Theories of Everything that trace surface political events back to hidden causes. Refuting fake facts doesn’t help, she warned, because “if everyone always lies to you, the consequence is not that you believe the lies, but that no one believes anything at all anymore.” The result, she warns, is a dangerous mix of gullibility and cynicism. My aim in this paper is threefold: to explain Arendt’s arguments, to explore their contemporary relevance, and to examine their consequences through the lens of virtue epistemology. In a section on “the epistemology of bullshit” I use virtue epistemologists’ concepts of epistemic malevolence and epistemic insouciance to examine the production, distribution, and consumption of bullshit, and to define a vice I call culpable credulousness. The final sections discuss the collapse of moral common sense that led multitudes to believe that mass murder can be justified. Arendt sometimes wrote as though morality had mysteriously turned upside-down, replacing “Thou shalt not kill” with “Thou shalt kill.” I argue that this need not be so: the moral principle of justifiable self-defense, applied to fake facts about existential threats, can explain the behavior. Even so, Arendt powerfully analyzes the ways that rules of moral common sense fail in a society where factual common sense has lost its validity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 64.4 (2003) 619-637 [Access article in PDF] Overcoming Gnosticism:Hans Jonas, Hans Blumenberg, and the Legitimacy of the Natural World Benjamin Lazier University of Chicago In 1984, about a decade before his own murder, the Romanian scholar of religion Ioan Culianu complained of a more widespread, if decidedly less grisly form of assault. 1 The gnostics, he declared in a moment of high (...) jocularity, had "taken hold of the whole world, and we were not aware of it. It is a mixed feeling of anxiety and admiration, since I cannot refrain myself from thinking that these alien body-snatchers have done a remarkable job indeed." 2Though offered in jest, Culianu's designation "alien body-snatchers" quite accurately sums up what has remained since 1934 the leading view of gnosticism as a delimited, identifiable phenomenon. In that year appeared the first monumental volume of Gnosis und spätantiker Geist (Gnosis and the Spirit of Late Antiquity) composed by the young Jewish philosopher Hans Jonas as a dissertation under Martin Heidegger and the theologian Rudolf Bultmann. Over the next sixty years Jonas returned again and again to the movement as he defined it. Above all, gnosticism had as its guiding principle the notion of das Fremde. The term includes in its linguistic domain not only "the alien," by which it is most usually translated, but its cognates as well: the strange, the foreign, the other, the unknown, the uncanny, and the like. This sense of alienation is wildly overdetermined in gnostic theology: man is alienated from himself, from a fully transcendent God, and most powerfully from the material, [End Page 619] sensuous universe in which he lives, created as it was by an evil, malicious demiurge. Such anti-cosmism could license both ascetic retreat from the world as well as an antinomian descent into the worldly abyss, with the intent to defeat it from within. The locution "body-snatcher" now acquires relevance, for gnostic theology made impossible any positive appraisal of the physical body, or of the physical world at all for that matter. As the political philosopher Leo Strauss put it in a letter to Jonas, gnosticism may well have been the most radical rebellion in Western history against the Greek notion of physis.In stylized terms Jonas's philosophical career represents what I would like to call gnosticism's "third overcoming." Such terms signal an allegiance to the work of the German philosopher Hans Blumenberg. But they signal a departure as well. In Legitimität der Neuzeit (Legitimacy of the Modern Age, 1966), Blumenberg undertook what must count among the most ambitious revisions of Western intellectual history ever ventured. Against a rash of attacks on the modern age as an ill-concealed, secularized derivative of an earlier Christian era, he stepped up in its defense. He linked the emergence of the modern age—defined preeminently by man's need for self-assertion, to act in the world—to a "second overcoming" of gnosticism at the end of the Middle Ages. The gnostic spirit he found revived by the nominalism and theological voluntarism of late-medieval scholastic theology, a loose confluence of thought centripetally bound by the black hole of the deus absconditus or hidden god. Whereas gnosticism's first overcoming was Augustine's work and but a partial success, its second, and for Blumenberg "final" overcoming was the work of an ethos of human self-assertion best instantiated by the scientific program of Francis Bacon.To argue for its third overcoming in the late 1920s and '30s is therefore to take leave of Blumenberg's account, if also to extend it. The condition for the possibility of this argument, of course, is that gnosticism had in fact returned. Gnosticism, or at the very least a host of phenomena going by the name and generally understood as such, did indeed return, and with a vengeance—on the occult scene, in philosophy, in theology of all persuasions, even in natural-scientific discourse. This period also witnessed the return of the... (shrink)

In June 2016, Qandeel Baloch, a 26-year-old Pakistani social media star, was murdered. Her death sparked both public outrage and a policy debate around ‘honour killing’, digital rights and sex-positive sexuality across Pakistan and its diasporas. Qandeel challenged what constitutes a proper Pakistani woman, an authentic Baloch and a respectable digital citizen. As a national sex symbol, she failed at the gendered workings of respectable heterosexuality, and during her short lifetime she optimised this failure and public fetish as a technologically (...) mediated social currency (clicks, hashtags, comments, likes, reposts) to build a transnational celebrity brand. I centre Qandeel Baloch’s life and afterlives to think through the economic entanglements of honour, racialised ethnicity, coloniality, sexual violence and social media at the intersections of globalised anti-Blackness and honourable brownness as a matter of global capital. Within these complex registers of coloniality, Qandeel’s life and brutal murder necessitate a rethinking of categories of racialised ethnicity (Baloch), sexual labour (racial capital) and social media (digitality) as vectors of value for capitalism and nationalism. By centring Qandeel, I define honour as a form of racialised property relations. This rereading of honour, as an economic metric of heteropatriarchy, shifts my lens of honour killing from a crime of culture to a crime of property. Women’s honour functions as a necrocapitalist technology that constructs female and feminine bodies as the debris of heterosexual empire through racialised, gendered and sexualised property relations. These relations and registers of honour get further complicated by social media currency and discussions around digital rights, privacy and freedom of expression. Honour is, therefore, the economic management of sexual morality produced through race, religion and imperialism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 31.2 (2001) 85-97 [Access article in PDF] Reading's Reason Iain Morland [W]e must first of all recognize [...] how modes of reasoning that were once necessary can spring out of particular situations and be put to new tasks. —Michel de Certeau, Culture in the Plural Introduction: Reading after Reason? Reading is unreasonable. If, as Theodor Adorno has contended, to write poetry after Auschwitz is barbaric, then surely reading—whether (...) of poetry, philosophy, or newsprint—is doubly obscene ["Cultural Criticism" 34]. For Adorno, such barbarism means inattentiveness to barbaric historical truths; it is the misuse of rhetorical reflexivity for the perpetuation, rather than the critique, of social conditions. In other words: to write poetry after Auschwitz is to reproduce, and thereby implicitly condone, a contradictory society within which lyric verse and mass murder are coexistent. By extension, reading—as a pastime within the culture industry—appears to achieve nothing but the expression of such cultural reification. Reading is, as Adorno has written of criticism, "self-satisfied contemplation" in the face of systematized dissatisfaction ["Cultural Criticism" 34]. The Enlightenment had characterized reading as a process of educational reasoning, a dialogue with professional intellectuals about progress and truth. Although this idea carries a rather didactic undertone, as Michel de Certeau has pointed out ["Reading" 166-67], its representation of the book as a mobile repository of thought and criticism seems reasonable enough. Yet, in the face of such barbarism as Auschwitz, the practice of reading appears shamefully futile—a blindfolded refusal of historical truth, rather than an informed response to its implications.Reading is not alone in its unreasonableness: reason too has become unreasonable, Max Horkheimer has argued in Eclipse of Reason. Consequently, Horkheimer proposes that the "denunciation of what is currently called reason is the greatest service reason can render" [187]. Objective reason, Horkheimer suggests, has been eclipsed by its insipid, subjective counterpart, rationality. Rationality defines what is reasonable as what is useful; it does not seek truth as an end in itself. Reason has thus become merely a mental tool with which one can make effective plans in neocapitalist society. In short, rationality privileges means over ends. This subjective pastiche of reason, like poetry after Auschwitz, dumbly reiterates the status quo through devising ever more efficient procedures by which tasks may be carried out. It does not criticize the objective ends that are actually furthered by such procedures. Similarly, poetry (for example, that of James Fenton) invents ornate and affective representations of modern barbarism without removing the conditions within which barbarism thrives. In this regard, reading is [End Page 85] the negative counterpart of Adorno's "dialectical critic of culture," who "both participate[s] in culture and [does] not participate" ["Cultural Criticism" 33]: reading seems to be uncritical for the same reasons that a cultural commentator is critical.The valorization of procedure, of means over ends, is why the practice of reading seems complacently to ignore the demands of society and culture. Insofar as rationality considers reasonable only those procedures that have instant, efficient results, reading remains in essence unreasonable. Reading is not a procedure whereby certain tasks may be accomplished—whether ethical demands for political change, or capitalist invitations to unlimited consumerism. Put differently, although reading has consequences, there is no procedural connection between the practice of reading and its consequences. Consider the case of ethical demands: reading may certainly serve as a preparation or grounding for future political activity. However, such preparatory reading is inevitably superseded by the activity that it incites. It is not itself a procedure for political change, but simply part of the means to a political end. This situation is mirrored in the opposite case, that of capitalist enticement: reading interrupts bookselling. A consumer's reading time extends indeterminably beyond the moment of expenditure, unlike their usage of a product with a predetermined life span.Likewise, when I wrote in the opening paragraph that it "seems reasonable enough" that a book ought to be a repository of thought and criticism, I too have employed reason in merely a rational sense. I have defined the process of reading a book as reasonable only if... (shrink)

Simone de Beauvoir incorporates a significantly altered form of the Hegelian master/slave dialectic into "The Ethics of Ambiguity." Her ethical theory explains and denounces extreme wrongdoing, such as the mass murder of millions of Jews at the hands of the Nazis. This essay demonstrates that, in the Beauvoirean dialectic, the Nazi value system (and Hitler) was the master, Adolf Eichmann was a slave, and Jews were denied human status. The analysis counters Robin May Schott's claims that "Beauvoir portrays the (...) attitudes of the oppressor as defined fundamentally in relation to the oppressed" and that her use of the dialectic is "inadequate to account for how human beings create extreme situations of evil, such as that of genocide.". (shrink)

More than 7% of all German physicians became members of the Nazi SS during World War II, compared with less than 1% of the general population. In so doing, these doctors willingly participated in genocide, something that should have been antithetical to the values of their chosen profession. The participation of physicians in torture and murder both before and after World War II is a disturbing legacy seldom discussed in medical school, and underrecognised in contemporary medicine. Is there something (...) inherent in being a physician that promotes a transition from healer to murderer? With this historical background in mind, the author, a medical student, defines and reflects upon moral vulnerabilities still endemic to contemporary medical culture. (shrink)

Even with the passage of time, the misguided motivations of highly educated, physician-participants in the genocide known as the Holocaust remain inexplicable and opaque. Typically, the physician-patient relationship inherent within the practice of medicine, has been rooted in the partnership between individuals. However, under the Third Reich, this covenant between a physician and patient was displaced by a public health agenda that was grounded in the scientific theory of eugenics and which served the needs of a polarized political system that (...) relied on this hypothesis to justify society’s racial hygiene laws. As part of the National Socialist propaganda, Adolf Hitler ominously argued that the cultural decline of Germany after World War I could largely be based on interbreeding and a “resultant drop in the racial level.” This foundational premise defined those who could be ostracized, labeled and persecuted by society, including those who were assimilated. The indoctrination and implementation of this distorted social policy required the early and sustained cooperation and leadership of the medical profession. Because National Socialism promised it could restore Germany’s power, honor and dignity, physicians embraced their special role in the repair of the state. This article will explore the imperative role, moral risks and deliberate actions of physicians who participated in the amplification process from “euthanasia” to systemic murder to medically-sanctioned genocide. A goal of this analysis will be to explore what perils today’s physicians would face if they were to experience the transitional and collective behaviors of a corrupted medical profession, or if they would, instead, have the fortitude and courage necessary to protect themselves against this collaboration. Our premise is that an awareness of history can serve as a safeguard to the conceit of political ascendency and discrimination. (shrink)

The following article analyzes two novels, published recently by a new, powerful voice in Irish fiction, Lisa McInerney: her critically acclaimed debut The Glorious Heresies (2015) and its continuation The Blood Miracles (2017). McInerney’s works can be distinguished by the crucial qualities of the Irish Noir genre. The Glorious Heresies and The Blood Miracles are presented from the perspective of a middle-aged “right-rogue” heroine, Maureen Phelan. Due to her violent and law-breaking revenge activities, such as burning down the institutions signifying (...) Irishwomen’s oppression (i.e. the church and a former brothel) and committing an involuntary murder, Maureen remains a multi-dimensional rogue character, not easily definable or even identifiable. The focal character’s narrative operates around the abuse of unmarried, young Irish mothers of previous generations who were coerced to give up their “illegitimate” children for adoption and led a solitary existence away from them. The article examines other “options” available to “fallen women” (especially unmarried mothers) in Ireland in the mid-twenty century, such as the Magdalene Laundries based on female slave work, and sending children born “out of wedlock” abroad, or to Mother and Baby Homes with high death-rates. Maureen’s rage and her need for retaliation speak for Irish women who, due to the Church-governed moral code, were held in contempt both by their families and religious authorities. As a representative of the Irish noir genre, McInerney’s fiction depicts the narrative of “rogue” Irish motherhood in a non-apologetic, ironic, irreverent and vengeful manner. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 26.2 (2002) 456-458 [Access article in PDF] Quarrel & Quandary, by Cynthia Ozick; xiii & 247 pp. New York: Alfred A. Knopf, 2000, $25.00. Ask Cynthia Ozick to define a Jewish book and she launches into an extended defense of the integrity of the body of traditional Jewish writing: Torah, Talmud, liturgy, ethics, and philosophy. Ozick takes her Judaism seriously; its literature, in the broad sense, (...) for her, is didactic and dedicated to the promotion of virtue attained through study. She takes literature seriously too and strenuously defends fiction as an act of the "free imagination," with an equal emphasis on both elements of that phrase although, Ozick rightly argues, the imagination by definition is free. Thus, a Jewish book and Jewish fiction are contradictory. To different degrees, emphasis, and purpose, both are freighted by moral purpose.So are the various Ozicks! A traditional Jew, a Jewish American writer, a novelist, an essayist, a classical feminist—all describe Ozick who obviously belies all simple categories save one: writer. Yet even as a writer, Ozick is complex and conflicted, lamenting that she hasn't written enough fiction but claiming that it simply could not have been different.While Ozick may not be as prolific as she would like, she is a commanding presence in American fiction and belles lettres. Her latest collection of non-fiction work, Quarrel & Quandary, demonstrates her clear thinking, breadth of expertise, seriousness, and intelligence. Ranging from the autobiographical to the political, each essay is informed by history and none is light nor nostalgic. "Dostoyevsky's Unabomber" is perceptive and regrettably prescient in its depiction of the philosopher-murderer. In "The Posthumous Sublime," Ozick walks us through the "grieving that has been made beautiful" in the four stories of Sebald's The Emigrants. "A Drug Store Eden" is a warm and familiar but never sentimental portrait of her hard-working parents and her Uncle Ruby. The humor of "Lovesickness" and "How I Got Fired from My Summer Job" resonate for middle-class, studious, awkward young girls. In another essay, awe-inspired respect for Kafka is balanced by reverent awe of God, which is tempered by an uncomfortable acceptance of Job's acquiescence. Where is Job's "impious impatience" in the face of his renewed prosperity and health?, she asks. Where is "the father's bitter grief over the loss" of his first family? In quintessential [End Page 456] Ozick, she acknowledges the staying power of the ancient sages who argued God's majesty at the same time reserving her right to "philosophic doubt," especially in light of the Shoah.Two essays in this volume are exceptional in their insight and influence. "Who Owns Anne Frank?" should put to rest the sentimentalization of Anne Frank and her diary. It should stop the shameless marketing of the Holocaust—the catastrophe that marked a century—as yet another genocide. Ozick's relentless focus on the reality of Nazi evil and its consequent waste of human lives and potential should abort further distortions about Anne's short life, but it probably won't. The diary has been "bowdlerized, distorted, transmuted, traduced, reduced... infantilized, Americanized, homogenized, sentimentalized, falsified, kitschified, and, in fact, blatantly and arrogantly denied." It has "nonsensically" been described as cheerful and optimistic, even in the face of the fact that Anne, along with other members of the attic community, were targeted for murder and that, one month before liberation, Anne and her sister Margot died as prisoners in the unimaginable horror of Bergen Belsen, a camp so lice-ridden and disease-infested that it was burned to ashes by the British rather than cleansed, disinfected, or rehabilitated.Ozick tracks the controversy centered on the transformation of Anne's diary into the Americanized, christianized, perky Junior Miss that American audiences would accept, including the fabrication of lines that rendered the targeting of the Jews as one victim among many: "We're not the only people that've had to suffer" instead of Anne's more thoughtful and complex—and potentially problematic—"In the eyes of the world, we're doomed.... Who knows, maybe our religion will teach... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Iambic Poetics in the Roman Empire by Tom HawkinsGideon NisbetTom Hawkins. Iambic Poetics in the Roman Empire. Cambridge: Cambridge University Press, 2014. xi + 334 pp. Cloth, $99.This stimulating and highly readable book explores the ancient afterlife of three famous literary bully-boys: Archilochus, Semonides, and Hipponax, the unholy Trinity of archaic Greek iambus. Tom Hawkins sets out to examine their reception, not among the classical and Hellenistic Greek (...) poets to whom they were living forebears (although the Callimachean intertext is a lively presence, e.g., 40–51, 146–49), or in the literary flourishing that they in turn inspired in late Republican and “golden” Augustan Rome, but amid authors of the Empire and Late Antiquity, extending into a recognizably Christian age. Only one of the six authors chosen (Babrius) adopts an iambic meter, and three—Dio, Lucian, and Julian—do not even compose verse (or not here). Hawkins’ choices are piquant. He has sought out the kinds of text that classicists generally skip: odd, minor works by the less reputable pagans, and by the type of early churchman we tend [End Page 180] gratefully to surrender to our colleagues in theology. Indeed, some are scarcely read at all (qua texts) but merely dipped into as a source of corroborating factoids, at least until now (142, on Gregory Nazianzen). Hawkins contends that an “iambic tradition” of sorts remains culturally alive and vital throughout these early centuries c.e.: a tradition not so much of metrical continuation or even necessarily of working closely with the archaic texts, but nevertheless retaining a definite sense of the constituent elements (e.g., animal-fable, a scruffy narrator) that, variously combined, let the reader or audience know they are in dialogue with an “iambic mode” (terms are defined in the introduction’s first footnote, 2).Authors and readerships of these centuries had at their command much more of the text of the archaic iambicists than is available to us moderns, provided they cared to read it and could understand what they read (28–29 suggests it was often otherwise). Today, Archilochus et al. are mere tattered ghosts, pieced together by editorial ingenuity out of citations and mentions, and latterly read in papyrus fragments gleaned from ancient rubbish heaps (the heroes of this scholarly epic of reconstruction include the late Professor Martin West, news of whose death came shortly before this review went to press). Some of the Imperial poets and prose authors studied by Hawkins envisage an ideal reader to whom archaic iambus is an open book, but the true constant is the ancient biographical tradition about Archilochus in particular (the stories told about the others are often recognizable knock-offs, but all three are names to conjure with; there are grounds for thinking that Archilochus had become literally proverbial for invective abuse even among non-readers, 27). Hawkins is very good at showing how these interwoven life-stories took on a life of their own and continued to grow in the telling (9), all the more so perhaps as actual familiarity with the texts waned. Over several centuries and numerous genres, the malleable myth of iambus—the slighted outsider, embracing abjection to shock a complacent Establishment and shame his nemeses—proved endlessly useful as a temporary vantage point when authors felt like taking a walk on the wild side.The iambic tradition tracked by Hawkins thus has “more to do with the sediment of cultural memory about iambic poets and their poetry than with historical realities, but once we get beyond a fascination with origins, such sediment becomes the only reality worth talking about” (8). In Hawkins’ readings of his chosen texts, this textual-biographical muck is fertile stuff. Iteration and generic migration turn the iambic life-story into a potent and versatile literary trope which usefully combines ironic distance (to be, or even make like Archilochus is an obvious non-starter in such a belated and grown-up age), and thus self-evident deniability, with the implicit threat that traces of iambus’ murderous power may yet remain. For Hawkins, the hint is if anything strengthened by repeated, name-checking recusationes that keep the iambic biopic in the... (shrink)

Aren't we actually sick of sex, of difference, of emancipation, of culture? With this provocative taunt, the indomitable sociologist Jean Baudrillard challenges us to face up to our deadly, technologically empowered renunciation of mortality and subjectivity as he grapples with the complex issues that define our postmillennial world. What does the advent and proliferation of cloning mean for our sense of ourselves as human beings? What does the turn of the millennium say about our relation to time and history? What (...) does the instantaneous, virtual realm of cyberspace do to reality? In _The Vital Illusion_--as always--Baudrillard leads his readers to some surprising conclusions. Baudrillard considers how human cloning--as well as the "cloning" of ideas and social identities--heralds an end to sex and death and the divagations of living by instituting a realm of the Same, beyond the struggles of individuation. In this day and age when everything can be cloned, simulated, programmed, and genetically and neurologically managed, humanity shows itself unable to brave its own diversity, preferring instead to regress to the pathological eternity of self-replicating cells. By reverting to our viral origins as sexless immortal beings, we are, ironically, fulfilling a death wish, putting an end to our own species as we know it. Next, Baudrillard explores the "nonevent" that was and is the turn of the millennium. He provocatively puts forward the thesis that the arrival of the year 2000 could never take place because we could neither resolve nor leave behind our history, nor could we stop counting down toward our future. For Baudrillard, the millennial clock reading to the millionth of a second on its way to zero is the perfect symbol of our time: history decays rather than progresses. In closing, Baudrillard examines what he calls "the murder of the real" by the virtual. In a world of copies and clones in which everything can be made present in an instant by technology, we can no longer even speak of reality. Beyond Nietzsche's symbolic murder of God, our virtual world free of referents is in the process of exterminating reality, leaving no trace: "The corps(e) of the Real--if there is any--has not been recovered, is nowhere to be found." Peppered with Baudrillard's signature counterintuitive moves, prophetic visions, and dark humor, _The Vital Illusion_ exposes the contradictions that guide our contemporary culture and rule our lives. (shrink)

Detection in contemporary genre films is in the process of being transformed: viewers see less and less of moving, traveling, and active human bodies entering in interaction and exchanging words. Instead, what takes up a significant part of film time is the view of computer screens, with digitally stored and retrieved traces, meaningful for detection, playing the lead role. One result of this type of detection on screen – rather than detection in the streets or on murder scenes – (...) is that detection is presented as a process happening on the human-computer interface. With reference to Lev Manovich the article asks how the “illusion of navigating through virtual spaces” is recreated, when the context of such an illusion is filmic diegesis defined by genre rules, where “the virtual spaces of the screen” should have a direct effect on “the real spaces of filmic diegesis”? (shrink)

In this article, I analyze weaponized subordination, wherein men strategically use their perceived subordinate masculine status to legitimate their degradation of women. I draw on a qualitative analysis of 9,062 comments made on a popular involuntary celibate discussion board. Incels are an online community of men who define themselves by their inability to participate in heterosexual sex/relationships. Incel forums are characterized by self-loathing, anger, and misogyny, with several incels having committed murders. I first detail the type of subordination incels argue (...) they experience—a social bias in favor of attractive people they call lookism. Next, I explain how incels perceive themselves as permanently subordinated “failed men.” I then demonstrate how incels weaponize their subordination, using their perceived subordinate status to justify their misogyny. Findings are discussed in relation to hybrid masculinity and conceptualizations of subordinate masculinities. (shrink)

In recent years there has been an increasing interest in museum studies in exhibitions on what is termed Difficult Matters —such as rape and mass murder—and how such exhibitions may evoke ethical change. This raises the question about the conditions on which such exhibitions can lead to an ethical change. By developing a conceptual framework this article contributes to museum studies on Difficult Matters demonstrating how vulnerability can work as a key concept in a relational pedagogical understanding of the (...) conditions for ethical change. Inspired by feminist ethics the article suggests that there is an “ambivalent potentiality” of the concept of vulnerability and forwards a double perspective on vulnerability as condition: vulnerability is inherent to the human condition and always situational. From this point of departure vulnerability is fleshed out as a key concept in museum pedagogy via pedagogical thinkers inspired by the philosopher Emmanuel Lévinas’ ethics. Concepts like heteronomy, incarnation, Face and Saying/Said are introduced to define vulnerability and the relation between exhibition and visitor is defined as a teaching–learning relation conditioned by vulnerability. Vulnerability is defined as openness to an encounter with the Other as being different, which is conditional of an ethical transformation of existing perceptions of self, others and the world. Finally, inspired by feminist philosophy a norm critical is introduced. It is argued that displaying Difficult Matters in order to evoke an ethical transformation museum professionals need consider critically the norms of vulnerability at play in particular situations. On this basis, the concept of vulnerability can serve as a lever for discussions on the pedagogy of exhibitions on Difficult Matters and the ethical responsibility of museum professionals in public museums in this regard. (shrink)

_The purpose _of this article is to find out whether philosophical and anthropological studies of human nature affect the legitimization of decisions about human life and death, using the example of a philosophical analysis of the problem of euthanasia. _Theoretical__ basis._ Philosophically and anthropologically based situational analysis in bioethics is chosen as the research methodology, which reveals the legitimation of euthanasia as a complex and highly responsible moral decision, which should be based on both the consideration of all the patient’s (...) special circumstances and the competent and adequate application of fundamental knowledge about the human being. _Originality._ From a philosophical point of view, it would be correct to legalize euthanasia, but under the condition of significantly limiting the cases of its application, clearly defining the conditions for its provision and strict control over its implementation. It is morally unacceptable to justify either murder or torture, so euthanasia appears as an attempt to avoid both at the same time. _Conclusions._ Specific solutions to practical problems often indicate the necessary direction for solving theoretical difficulties. Thus, making proper moral decisions about euthanasia requires reliance on fundamental knowledge about human beings, but at the same time it provides arguments "for" and "against" artificial termination of life. The basic principles of bioethics – autonomy, nonmaleficence, beneficence and respect for the dignity of human life – serve as criteria for making balanced ethical decisions both in theory and in practice. These principles should be complemented by a coherent ethical, legal and philosophical position on euthanasia, which is achieved through legitimation procedures. Decisive for making a decision on euthanasia should be the strong desire of the patient himself. (shrink)

Anti-abortion advocates frequently insist that abortion is “killing babies” and “murdering children.” “Heartbeat” bills, or abortion bans, often use this language. Alabama’s Supreme Court even ruled that frozen embryos are children. -/- While philosophers have much discussed how “persons” and “human beings” are best defined, there is little comparable discussion about defining “babies” and “children.” -/- Here I argue that embryos and beginning fetuses are not “babies” or “children”: at least, nobody must agree that they are.

Torture does need to be defined if we are to know exactly what we are seeking to ban; but no single definition will do, because there are many possible ones, and we may want to treat different practices that might be called torture differently. Compare the case of homicide; we do not want to punish manslaughter as severely as murder, and may not want to punish killing in self-defence at all. There are degrees of torture as of murder. (...) Unclarities simply play into the hands of would-be torturers. Downie is unsuccessful in deriving the duty of doctors not to be involved in torture from an analysis of the word `doctor'. It may be contrary to the role-duty of doctors to participate in torture; but there might be other duties which overrode this role-duty. The right approach is to ask what principles for the conduct of doctors have the highest acceptance-utility, or, as Kant might have equivalently put it, what the impartial furtherance of everyone's ends demands. This approach yields the result that torture (suitably defined) should be banned absolutely. It also yields prescriptions for the conduct of doctors where, in spite of them, torture is taking place. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:94 Feminist Studies 45, no. 1. © 2019 by Hannah Baker Saltmarsh Hannah Baker Saltmarsh This Girl I Lost Touch With This girl, who was afraid to enter a room— a girl born in the woods, on moss, whose family dreamt under quilts, who wore dresses that matched anything fabric in the house, even the dresses without loneliness— I held her hand in the corridor-dark until the speaking-in-tongues at (...) the community college dispersed into prayers with too many gerunds and too much fervor that wouldn’t adjust if you got a thousand dollars in the mail or jury duty, faith subtle as a crucifix the size of God on the highway. I waited with her until it was over, although the prayer group was never really over. Over rooms of crowded, faith-based humidity, she loved corridors of woods, the rushes of running away. This girl and I, we were cult-lured, but then the leader stepped down—was it porn, alcohol? He drove us around in a red jeep without doors— the first time I drove in a man’s car, I was eighteen so I fell in love: looking straight ahead together, arm hair touching, the cathedral of autumn anticipating a shape to hold you, the wind that you sometimes hollered over. What happened I can’t see, but when he left the group, I left: the death of visions. Hannah Baker Saltmarsh 95 This girl could long for a man in her fingernails, and, without talking, take a man from his pregnant wife’s side, have his even newer children, this girl who wouldn’t go in a room all alone, walked right in, somewhere we’ve not been, and never left. Monostich in Praise of Four Missed Foul Shots in a Row, Ending with a Line by Shaquille O’Neal —Orlando Magic vs. Houston Rockets, Game 1, NBA Final, 1995 Each mistake at the foul line longs to be its own distinct trip-up, divorced from the tragic-comic failure automatic-reflex of a protagonist on a shame-rampage; each delicate flaw of glass, net, rim wants to be denied once at the charity line, once and only once of red-lipsticked points, the naive purity of one aberrant error in calculation—not bring bleacher-crowds to their feet, posterless hands in the vaulted air before tallying Nick Anderson up as Brick Anderson, most hated NBA player of all time, and by his own fans not believing their own eyes as a series of empty arcs toward scoring dovetails into quadruple humiliations and a goofy smile of gutted hopes and boyish fear-tangled awe that any brain so practiced (for this and what else?) could fail so many times in a row, each fail better and Beckett-harder until the last exit out of obliterating loss is part of the abyss too, unless you are quick on your feet for sports broadcasting... but there is no end to swindled championships if you are a man who’s never had to face the extinction of his early twenties or suck the aftertaste of multi-millionaire juice cocktails poured with a legend’s touch, but in the soapy-sweet glass of your Dixie cup liquor, however close to the sound of Shaq’s name spoken in every language, stares your same lovesick reflection in the welt of that shot-glass mirror, mouthing the bitters of paranoid distraction, unripe manhood, aged ingratitude, and a starless Orlando Magic blue diamond broomed over by nursery-rhyme witches brushing out the cobweb-haze because the crowd is always the same crowd calling you swept... each fumbling error of pressure you let get to you, if only it could be a plotless, lyric monostich without arc, not driven to the plot that is your grave, where the unfaithful, the murderers, liars, and cheaters are defined by threads, no, snapped pieces, of seconds and, as Dante would have it, sorted in hell by a singular thought or deed so 96 Hannah Baker Saltmarsh transformative as to name you; the blue and white jersey on the floor, fists and feet, knees and elbows vacuumed in tantrum, hyped up in the court glare and... (shrink)

This essay shows how Jewish identity in pre-1933 Germany defined itself and how the widely known concept of German-Jewish symbiosis came into question after the organized murder of the European Jews. The search for a German-Jewish legacy in postwar Germany as well as in the countries in which the Jewish émigrés found a new home will be explored. Moreover, the Eastern European cultural roots of Jews who migrated from Russia to Germany in the 1990s will also be discussed.

One of the simplest methods used by Cicero for depicting a personality or characteristic of an individual within his correspondence was to use a nickname. When describing groups, the natural progression was to use collective nouns that helped to define some essential quality of this collective. The enormity of Caesar's assassination provided an opportunity to use a plethora of terms for the conspirators, most conspicuously seen in Cicero's treatment of Cassius and Brutus following the death of Caesar. The act itself (...) had a polarizing effect. On one side were the invective terms for assassins, murderers and parricides. On the other side were the favourable terms, such as liberators, heroes and tyrannicides. Cicero also included in his correspondence Greek words, as well as their transliterations into Latin. Each word would seem to have its own subtle characteristics, focussing on different aspects and interpretations of the conspirators and their act of tyrannicide or political murder. The collective nouns themselves and the context in which they are used not only will provide the first indication of how Cicero felt about the conspirators but may also give an insight into Cicero's perception of the general feeling about the political situation in Rome at this time. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Leibniz’s Political and Moral Philosophy in the Novissima Sinica, 1699–1999Patrick RileyThe Preface to Leibniz’s Novissima Sinica 1 contains an important but highly compressed and abbreviated quintessence of his theory of justice or jurisprudence universelle—a version so compressed and abbreviated that one must have a broader and fuller understanding of this universal jurisprudence before one can entirely appreciate what Leibniz has to say about Christian charity, Platonism, and geometry in (...) the Novissima Sinica itself. Above all, one wants to know why Leibniz, in the key paragraph of the Preface to Novissima Sinica, should describe the Chinese emperor as just and charitable and as a (more or less) “Platonic” geometer who is as wise as he is charitable. And why should Leibniz contrast this “wisely charitable” Chinese ruler with the Pontius Pilate who irresponsibly asked, “What is truth?” and then permitted the judicial murder of the very Christ who did most to make charity and justice coextensive by saying, “A new law I give unto you, that ye love one another”? 2 The wise course, therefore, is to throw enough light on Leibnizian universal jurisprudence in general to make his moral-political utterances in Novissima Sinica intelligible in particular.In 1693, four years before the publication of Novissima Sinica, Leibniz revealed the outlines of his jurisprudence universelle in the Codex Iuris Gentium:a good man is one who loves everybody, so far as reason permits. Justice, then, which is the virtue which regulates that affection which [End Page 217] the Greeks call philanthropy, will be most conveniently defined... as the charity of the wise man, that is, charity which follows the dictates of wisdom... Charity is a universal benevolence, and benevolence the habit of loving or of willing the good. Love then signifies rejoicing in the happiness of another..., the happiness of those whose happiness pleases us turns into our own happiness, since things which please us are desired for their own sakes. 3Slightly later, in La véritable piété, Leibniz indicated what this view of justice entails:those who... reduce justice to [mere] rigor, and who fail altogether to understand that one cannot be just without being benevolent... in a word, not only those who look for their profit, pleasure, and glory in the misery of others, but also those who are not at all anxious to procure the common good and to lift out of misery those who are in their care, and generally those who show themselves to be without enlightenment and without charity, boast in vain of piety which they do not know at all, whatever appearance they create. 4The central idea of Leibniz’s “universal jurisprudence,” which aims to find quasi-geometrical, eternal moral verities equally valid for all rational beings, human or divine, is that justice is “the charity of the wise” (caritas sapientis), 5 that it is not mere conformity to sovereign-ordained “positive” law given ex plenitudo potestatis (in the manner of Hobbes); nor is it mere “refraining from harm” or even “rendering what is due” (the neminem laedere and suum cuique tribuere of Roman law). 6 The equal stress on “charity” and on “wisdom” suggests that Leibniz’s practical thought is a kind of fusing of Platonism—in which the wise know the eternal truths such as absolute goodness (Phaedo 75d), which the gods themselves also know and love (Euthyphro 93-10e) and which therefore deserve to rule (Republic 443d-e) 7 —and of Pauline Christianity, whose key moral idea is that charity or love is the first of the virtues (“though I speak [End Page 218] with the tongues of men and of angels, and have not charity, I am become as sounding brass or a tinkling cymbal”). 8 Historically, there is nothing remarkable in trying to fuse Platonism and Christianity. Augustine’s thought (particularly the early De Libero Arbitrio) is just such a fusion. 9 But Leibniz was the last of the great Christian Platonists, and left the world just as Hume, Rousseau, and Kant were about to transform and “secularize” it.I. If one decomposes caritas sapientis into its parts, charity and wisdom, the provenance of both elements is clear enough... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Camus’s Meursault and Sartrian IrresponsibilityDavid ShermanIn the wake of poststructuralism, with its glorification of the libidinal play of unaccountable, fragmented subjectivities, the concept of personal responsibility has been rehabilitated. From the French fascination with various forms of neo-Kantianism to the American interest in homey (albeit demagogic) books on the virtues, personal responsibility is regaining currency. But what, exactly, does it mean to be personally responsible? When Albert Camus suggested (...) in “Neither Victims Nor Executioners” that non-violence was the “responsible” position for intellectuals to take on the Algerian crisis, he was reproached for legalistically evading responsibility by his erstwhile friend Jean-Paul Sartre. Sartre, who offered up the concept of “absolute responsibility,” and viewed any attempt to obscure the nature of this ontological burden for oneself as “bad faith,” regarded Camus’s position as just such an attempt: “If you’re not victims when the government which you voted for, when the army in which your younger brothers are serving... have undertaken race murder, you are, without a shadow of a doubt, executioners.” 1 For Sartre, who tentatively advocated revolutionary violence, taking responsibility meant acknowledging that “bloodying one’s hands” is unavoidable.The concept of personal responsibility is well considered within the context of French existentialism, which made it one of its hallmarks. In this essay, however, I shall approach personal responsibility from the vantage point of its opposite, personal irresponsibility. Towards this end, I shall consider Meursault, the protagonist in Camus’s The Stranger, whom I take to be one of the most irresponsible characters in literature. The depths of Meursault’s irresponsibility can best be appreciated, fittingly enough, within Sartre’s psychoanalytic framework. [End Page 60]IIn Being and Nothingness, Sartre offers up the ontologically rooted phenomenon of bad faith, which, for present purposes, can be explicated as follows: consciousness, which is intentional (nothing more than that which it is conscious of), reflectively reconstitutes the Self, which does not exist in consciousness but as an object in the external world. There is no intrinsic Self, and the Self that does exist is perpetually being transcended. Despite this state of unremitting transcendence, however, at any point in time there are the undeniable facts of our particular existences, which (however we choose to interpret them) define the range of our possible projects. These brute facts, which are inexorable, constitute our facticity. Thus, Sartre tells us, there is a “double property of the human being, who is at once a facticity and a transcendence” (B&N, p. 98). 2 It is in a person’s approach to the relationship between these two properties, which is marked by an irresolvable tension, that bad faith arises: “Bad faith does not wish either to coordinate them or to surmount them in a synthesis. Bad faith seeks to affirm their identity while preserving their differences. It must affirm facticity as being transcendence and transcendence as being facticity, in such a way that at the instant when a person apprehends the one, he can find himself abruptly faced with the other” (B&N, p. 98).Sartre provides numerous illustrations of individuals who flee from either their facticity or transcendence. For example, there is the homosexual and his interlocutor, the “champion of sincerity.” The former, despite repeated homosexual encounters, refuses to draw the conclusion that he is a homosexual; instead, he sees both his past behavior and his present inclinations as part of a “restless search.” Conversely, the latter demands that the homosexual sincerely avow what he is, “a homosexual.” Both are in bad faith. The homosexual denies responsibility for all that he has done by perpetually pushing his conception of Self into the future, and thus perpetually beyond the reach of his ability to make judgments about himself—he makes a mockery of his past and present choices. The champion of sincerity, on the other hand, pushes the homosexual’s conception of Self into the past in order to make it a thing—he denies the homosexual’s (and perhaps his own) freedom to make future choices, which is what enables us to transcend what we presently are. The former flees facticity; the latter, transcendence.All persons in bad faith fall... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Historical Commentary on Arrian’s History of Alexander. Vol. II. Commentary on Books IV–VPhilip A. StadterBosworth, A. B. A Historical Commentary on Arrian’s History of Alexander. Vol. II. Commentary on Books IV–V. Oxford: Clarendon Press, 1995.In books 1–3, Arrian’s Alexander rushed from the Hellespont to Babylon, Susa, and Persepolis. In books IV and V the story changes: Alexander finds himself on the frontier, and beyond. No longer is (...) he confronting the enormous armies of the Persian king in set battles, but pushing beyond the frontiers of empire, seizing impregnable heights, and most important, struggling with his own Macedonians while defining himself.Bosworth, continuing his commentary after a fifteen-year interval, brings an exceptional background of historical, source critical, and literary studies. B. notes that his evaluation is “perhaps more sympathetic” than in his first volume, in part because the quality of the work “improves as it progresses” (v). The thoroughness [End Page 140] of the discussion (360 pages on the two books) is justified by the importance and complexity of the material. The reader is well served by an excellent subject index, a Greek index, ten maps, and four figures. An appendix on Nearchus suggests that that author may have reported much more than the journey from the Indus to the Persian Gulf found in the Indike, and may be a significant source for Arrian in the last four books of the Alexander history. Like the first volume, the commentary has Greek lemmata, translated only when there is a specific difficulty, but even Greekless readers can use it with the help of Brunt’s new Loeb text.Although the commentary deals frequently with textual questions, it focuses on elucidating the historical, geographical, stylistic, and interpretative problems of the text. B. ably notes the constant verbal reminiscences of Herodotus, Thucydides, and Xenophon, especially in the more elaborate passages, e.g., the speeches at the Hyphasis. Still more are undoubtedly to be found, such as the echo of Thucydides (1.110.1, 3.112.8, 87.87.6) in 5.27.6, ¹l¼goi ¨k poll©n. His elucidation of Arrian’s use of Megasthenes, Nearchus, and Eratosthenes in the digressions at the beginning of book 5 is a model of clarity and precision. Here as elsewhere he stresses Arrian’s purposeful blending of his sources: e.g., on 5.6.3–8: “It is an elaborately contrived passage, and the source material is carefully selected to fit the scheme of the argument. Arrian is not merely rewriting a passage of Eratosthenes.” Throughout, his comments on sources are precise and thoughtful.B.’s notes follow wherever the text leads, but he devotes special attention to the major focuses of Arrian’s attention: the great digression on Alexander’s orientalism, the murder of Cleitus, proskunesis, and the page’s conspiracy (4.7.4–14.4 5 45–101), the march to the Indus, with the siege of Massaga and the capture of Aornus (4.22.3–30.9 5 141–96), the series of digressions which begin book 5, (5.1.1–8.1 5 197–259), the battle on the Hydaspes against Porus (5.8.4–19.4 5 262–311), and the mutiny on the Hyphasis (5.24.8–29.5 5 337–60).Bosworth’s commentary on book 5 encompasses the multiple levels of the narrative: the reworking of Eratosthenes, Megasthenes, and Nearchus in the preliminary section; the topographical and tactical problems of the battle with Porus, and the rhetorical and stylistic subtleties of the debate at the Hyphasis. Throughout the book, Arrian shows Alexander going beyond his predecessors. By crossing the Indus he passes the limits of the Persian Empire. At Nysa he surpasses the mythical conquests of Dionysus (5.2.1). The digression on the Indus bridges recalls the bridges (and defeats) of Xerxes and Darius, as well as Roman imperial engineering (5.7.1–2). The crossing of the Hydaspes and great battle contrast with Cyrus’ disastrous battle with the Massagetae in Herodotus 1.204–14 (cf. 5.4.5). The description of the river systems of the Punjab (5.4.1–2) evokes Herodotus’ account... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:WHAT VOEGELIN MISSED IN THE GOSPEL John J. Ranieri Seton Hall University Violence and order are the themes that structure Voegelin's work. From the early writings composed in response to the emergence of National Socialism to the closing years ofhis life in which he confessed to a "perhaps misplaced sensitivity towards murder"1 as the primary catalyst for his philosophical pursuits, Voegelin is preoccupied with the relationship between the (...) good of order and the violence that can both undermine and preserve that order. His theory of consciousness, his philosophy of history, and his "new science ofpolitics" form a complementary whole when understood as expressions of his lifelong concern to find ways to guard against social and political chaos. This preoccupation with order makes Voegelin especially wary of any social, political, or religious movements which, in his view, contribute to the dissolution ofsocial stability. It is in this context that his uneasy relationship with the Bible must be understood. While acknowledging the importance of the Jewish and Christian scriptures in the historical unfolding of the differentiation ofthe divine Beyond, Voegelin also maintains that many of the forces of disorder in modern society have been generated within their orbit.2 The dazzling intensity ofthe encounter with the biblical God can lead to dissatisfaction with life in this world, resulting in reactions of either withdrawal from the surrounding culture or the more immediately de- '"Autobiographical Statement at Age 82" in 77¡e Beginning and the Beyond: Papersfrom the Gadamer and Voegelin Conferences (117). 2See Order and History, vol. 1, Israel and Revelation (xii-xiv); Order and History, vol. 4, The Ecumenic Age (20, 27); "The Gospel and Culture," in The Collected Works ofEric Voegelin,vo\. 12, Published Essays, 1966-1985(200-210). 126John J. Ranieri structive alternative of trying, by whatever means necessary, to bring a recalcitrant society into conformity with the divine perfection. As revelation of the "God beyond the gods" the Old and New Testaments are unsurpassable expressions ofthe transcendent source of order. At the same time, they are the seedbeds in which social upheaval easily germinates. As generators of both order and disorder, few biblical books have been as influential as the four gospels. It is Voegelin's treatment ofthese texts that will be my concern here. The ambiguity ofVoegelin's relationship to the gospels is reflected in the twofold meaning ofthe word "missed" in the title ofthis essay. In the first place, the word can be understood as referring to Voegelin's critique ofthe gospels; to speak ofwhat Voegelin "missed" in this sense is to focus on that which he finds lacking in them (yet wishes were there). My primary interest, however, is on the meaning ofthe word as indicating that which Voegelin fails to understand about the gospels. The two meanings are related; for it is in Voegelin's criticism of the gospels that we can detect the manner in which he misunderstands them. In order to make this clear, it is necessary to say something about his evaluation and critique; only then will it be possible to raise relevant questions about his approach. After summarizing Voegelin's perspective on the gospels, I introduce the thought of René Girard as possible counterpoint. This is followed by a comparison of Voegelin and Girard with regard to their understanding ofthe gospel texts. A concluding section offers reflections on Voegelin's evaluation ofthe gospels. I realize that there is little to be gained from finding fault with a thinker for not doing what it was never his intention to do in the first place. At times, some of Voegelin's Christian critics succumb to this tendency when they berate him for what they consider to be his failure to satisfy the litmus test of Christian orthodoxy.3 Apart from the difficulty of defining Christian orthodoxy, these kinds of charges overlook the fact that Voegelin does not consider himself to be a Christian theologian, and that his "concern with 3 Of course, the question as to whether Voegelin's philosophy is adequate as a foundation for Christian theology may be an important one for the theologian to consider. But Voegelin does not see himself as providing such a foundation. For critics... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:ICONOCLASM in the OLD AND NEW TESTAMENTS Peter Goldman Westminster State College ofSalt Lake City Acentral problem for any monotheistic religion is distinguishing worship of the one true God from idolatry in all its forms. René Girard's pioneering interpretation ofthe Judeo-Christian scriptures clarifies this distinction by recourse to an ethical conception ofthe sacrificial: False religion or idolatry is essentially sacrificial, while the Judeo-Christian tradition opposes the sacrificial in all (...) its myriad forms. As Girard explains, the Passion narrative makes clear that the sacrificial or scapegoat victim, Christ, is innocent. The violence inflicted upon Christ is human, not divine. The Gospels thus reveal the violence that hides behind the sacred. Religious practices that further sacrificial violence are idolatrous, worshiping violence in the guise ofthe sacred.1 The ethical simplicity of the Girardian distinction between true faith and idolatry is complicated, however, by the issue of representation. According to the Old Testament, the one true God cannot be represented by images or figures of any kind, while idols typically take figurai form. From a biblical perspective, therefore, the question ofform is central to an understanding of idolatry. The Old Testament ban on images has never been investigated from a Girardian perspective. In this essay I apply Rene Girard's anthropological insights to the subject oficonoclasm in the Old and New Testaments. More specifically I address the second command-ment, the famous ban on "graven images," and the problem of representing God. From the per- ' For a fuller treatment ofGirard's interpretation ofChristianity in relation to the sacrificial, see his Things Hidden since the Foundation ofthe World 84Peter Goldman spective ofGirard's "fundamental anthropology" there are two basic issues in this regard. The first is the ethical function of the ban on images; how does the second commandment function ethically to preserve the human community in the Bible? Second, is the ban on images sacrificial as understood in Girardian terms? Or is it anti-sacrificial and therefore ethically progressive? The second commandment reads: "Thou shalt not make unto thee any graven image, or any likeness of any thing that is in heaven above, or that is in the earth beneath, or that is in the water under the earth : Thou shalt not bow down thyself to them, nor serve them: for I the Lord thy God am a jealous God" (KJV, Exod. 20.4-5). At first glance, this commandment might appear as an expression ofthe most primitive form ofreligious taboo. A specific cultural activity is arbitrarily forbidden under threat of punishment. The taboo on images, unlike the law against murder for example, has no obvious moral dimension. Images of any kind must be violently expelled —sacrificed, as it were—for no immediate reason. According to the second commandment, any attempt to represent God or his creation by images is a profane violation of his "jealous" nature; the second commandment therefore often finds expression in the violent destruction ofsocalled idolatrous images. Acts oficonoclasm directed againstthe images of foreign gods are quite common in the Old Testament. Nevertheless, I argue here thatthe second commandment is in practical terms ethically progressive and anti-sacrificial. It actually questions and underminesthe whole sacred-profane dichotomy. Indeed, the ban on images is ultimately a secularizing influence crucial for the development of modernity. I also address the Christian acceptance of divine images, which has often been understood as a reversal of the Judaic ban on figurai representations. In the interpretation of iconoclasm that I am proposing here, however, the image ofChrist on the cross can be seen as a logical development of the second commandment rather than its contradiction. I. The second commandment in context In the Old Testament, the giving of the second commandment is associated with the Exodus from Egypt and the Hebrew rejection of Egyptian religion and culture. In Herbert Schneidau's book Sacred Discontent, he argues persuasively that Hebrew monotheism is first of all a reaction against pagan polytheism. Schneidau writes, "The JudeoChristian tradition defines itselfas opposed to a pagan world which it sees Iconoclasm in the Old and New Testaments85 as essentialIy mythological"(12). Further, "TheHebrews habitually defined themselves negatively, by their differences from their neighbors" (51). Schneidau explains: We find... (shrink)

In his seminal work After Whiteness: An Education in Belonging, Willie Jennings defines a concept he calls ‘whiteness’ and states that this plays the role of the ‘Paterfamilias’, a term born within the Greco–Roman period, which refers to the social system of rule and governance that was centred around the father–master archetype. During slavery, Jennings states that it was on the plantation that the life, logic, and social order of whiteness transpired. The more I engaged with Jennings’ work, the more (...) I began to realize the extent to which the religious education curriculum, and by extension the English education system curriculum, further perpetuated whiteness. Inspired by the works of Jennings and the activism of Black Lives Matter (BLM) following the murder of George Floyd, I was motivated to create and teach a unit in the religious education (RE) curriculum, ‘Black Religion and Protest’. As well as examining the teaching and reception of this unit, this article seeks to unpack the ways in which Britain’s colonial legacy maintains epistemological inequity and hierarchical knowledge. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Sacrificial and Nonsacrificial Mass NonviolenceJohn Roedel (bio)Have been awake since 2 a.m. God’s grace alone is sustaining me. I can see there is some grave defect in me somewhere which is the cause of all this. All round me is utter darkness.—M. K. Gandhi, diary entry, dated January 2, 1947.1During the last few years of Gandhi’s life, massive rioting verging on civil war tore India apart, despite Gandhi’s best (...) efforts to calm the situation and despite repeated, widespread, politically successful mass nonviolent actions by large segments of the Indian populace in the previous decades. There have been many analyses of the violent births of India and Pakistan, but none that I know of have taken seriously Gandhi’s intuitions of his own responsibility. At most, intuitions such as these have been taken as further evidence of the Mahatma’s profound humility.I will not suggest that Gandhi bore some moral responsibility for this violence, but I will suggest that his (and others’) ignorance of what I will term the sacrificial aspects of mass nonviolence did have a role to play. I will model my distinction between sacrificial and nonsacrificial nonviolence on Girard’s [End Page 221] distinction between sacrificial and nonsacrificial Christianity as presented in Things Hidden since the Foundation of the World, and will attempt to use this distinction to suggest how violence might arise out of the practice of mass nonviolence, using the example of the nonviolent movement for Indian independence as an example. I hope that my speculations may also shed light on other puzzling aspects of mass nonviolence, such as the reason why, despite the many political successes of nonviolence, nonviolent movements have never become more widely established, and have for the most part been limited to ad hoc movements.2In Girard’s view, sacrificial practices such as I am proposing as part of mass nonviolence are ubiquitous, destructive, and mostly invisible. Girard writes, “every negation of the other leads... towards expulsion and murder. The basis for all of this lies in the fundamental human situation of a mimetic rivalry that leads to a destructive escalation.”3 That is, every negation of the other contributes to widening cycles of escalation that would lead to the extinction of humanity, were it not for sacrifice, which allows the rivalries to be discharged without consequences onto an individual outside the community—a scapegoat.There is not much agreement about how nonviolence functions or even about what the word “nonviolence” refers to. It will be defined here as a refusal to submit to or inflict violence, where “violence” includes not just physical violence but also verbal and structural violence, such as imperialism and poverty. Within such a definition, fleeing physically or otherwise from violence is a form of submission to the violence, and allows violence the last word, so to speak. Nonviolence is perhaps clearest in a face-to-face encounter with physical violence, as in the many civil disobedience actions of Gandhi’s career. But like violence, nonviolence also occurs in common, even subtle, situations, as in a conversation between friends.Beginning with Gandhi, a distinction has often been made between “strategic” and “principled” nonviolence. Strategic nonviolence is the contingent embrace of nonviolence as a tactic. Principled nonviolence is the unconditional embrace of nonviolence, on the basis of a moral or religious commitment. Gandhi spoke of principled nonviolence as a refusal to submit to or inflict violence out of unselfish love for the opponent. He spoke of strategic nonviolence as a means for achieving one’s goals; in his opinion, this was not really nonviolence at all, but a simulacrum of it. An individual may even sometimes be unable to distinguish the extent to which his own nonviolence is strategic or principled.To distinguish between strategic and principled nonviolence, according to Gandhi, it is necessary to explore the motivations and character formation of the nonviolent practitioner in question. For Gandhi, principled nonviolence [End Page 222] arises out of one’s “relationship to God” and a “deep sense of the intercon-nectedness of all beings.” Gandhi believed that in defense of truth, or in defense of the honor of oneself... (shrink)

For example, in the traditional "who done it" , the basic pleasure is in the creation and solution of the riddle itself - somewhat akin to the pleasure of solving a difficult crossword puzzle. In such works the riddle itself must be sufficiently ingenious to surprise us but never so labyrinthine as to destroy the illusion that we may beat the professional to the solution. In no case may necessary clues be withheld for, failing to solve the riddle ourselves, we (...) must at the very least see how we should have been able to solve it with the same information as the professional; given an unreliable narrator, we will feel deceived rather than pleasantly surprised. It is clear that in such instances the value judgments, as opposed to the riddle, should be as unoriginal and conventional as possible. The agents or agent whose initial act caused the riddle might best perform an act of murder for obvious gain or because he wants to replace a current wife with a beautiful mistress. Complexity of thought and judgment must never reach the point where it distracts our attention from the pleasure of the riddle itself; ethical values must merely be minimally consonant with our desire to see the riddle solved in terms that prevent moral indignation. The detective in turn may be given minimal idiosyncrasies that define him as a character, but again since, in this kind of work, the alteration of circumstances of who commits the crime is merely pro forma—usually he is merely caught and his future in prison or the electric chair is unstressed—the traits possessed by the detective are almost solely restricted to those that allow him to solve the riddle that we should have been able to solve ourselves. It is this kind of work that is frequently advertised by plaintive requests "please don't reveal the ending." We rarely read such works a second time. We are completely remote from the pursuit of Lew Archer. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Extramarital Contraception in the Catholic Faith:A Call to Action from a Physician and EthicistCara BuskmillerIntroductionDefinitionsBefore proceeding to a discussion of extramarital contraception, it is relevant to lay a foundation of definitions and limitations of this essay. Here, "sex" and "sexual act" will refer to acts of penile–vaginal intercourse and acts meant to lead to such intercourse, respectively. Other acts which are rightly called "sexual" are not relevant to this (...) essay, as the focus here is on encounters that could result in fertilization.The traditional natural law theory with its analysis of object, intention, and circumstances is at play in this essay, with a hylomorphic understanding of nature and ethics. In this understanding of ethics, the names of many acts include not only an object but an intention and circumstances (e.g., murder specifies an illegal type of killing with premeditation). Likewise, "contraception" here refers to the use of any drug or device which temporarily lowers fertility (object), to prevent fertilization (intention) due to presumed-fertile sex (circumstance). Such drugs or devices are called "contraceptives" in this essay. In this essay, "contraception" is not committed solely by intending to avoid fertilization, so acts such as trying to avoid fertilization by timing sex during infertile parts of a menstrual cycle are not contraception, and the pastoral term "contraceptive mindset" does not apply. "Contraception" is also not solely defined by the use of particular medical products, since the intention to avoid fertilization is part of the definition in this essay. Thus, [End Page 1245] prescribing or taking a birth control pill for polycystic ovarian syndrome, in the words of Pope St. Paul VI in his 1968 landmark encyclical Humanae Vitae (HV), is not at all illicit, here because such treatment is not contraception, and the problems of contraception do not apply (§15)."Marriage" in this essay refers principally to sacramental matrimony, made by the consent of a baptized man and a baptized woman.1 Civil marriage, cohabitation, long-term affairs, sex in dating, short-term hookups, prostitution, and sexual assault represent a spectrum of falling away from matrimony. This essay assumes that matrimony is God's one true plan for sex, fertilization, and childrearing. This essay also makes heavy use of the Scholastic-personalist perspective of HV on the unitive and procreative dimensions of sex. As sexual relationships "fall away" from matrimony, they lose resemblance to these dimensions."Consent" is here defined as a free act in which a person agrees to do, accept, or reject something.2 Consent is an act of the will, and it may be partial or total. Only when consent is total is a person held fully responsible for his or her actions; for example, only when consent is total can a person commit a mortal sin. Consent is different from assent, which is not of the will, but of the mind.3 In this paper, sex without consent is termed "sexual assault"—the status of the act as an assault is solely determined by consent. These definitions allow for a sexual assault in which a victim withholds consent and yet does not resist an attack,4 which is different from past legal and colloquial definitions.5 This definition also allows for assault victims that have positive emotional responses to or physical arousal from an attack. These responses from a victim do not make the assault consensual or desired, [End Page 1246] and in fact make post-traumatic recovery more difficult.6 Simply put, consent is of the will, and this is not diminished by whether the body follows suit; this differs from some legal definitions of consent in canon law, where the will of the person agreeing to a contract is signified by externals, even if there was no intention to fulfill the duties of the contract.7 Consent will be central to this essay, since it helps make the spectrum of relationships that "fall away" from marriage intelligible in two sets: one with consent, and one without."Intellectual disability" in medical and ethical literature refers to a large spectrum of differences in mental and behavioral performance, but this essay is only considering intellectually disabled persons who would be unable to... (shrink)

Writers of fiction have always confronted topics of crime and punishment. This age-old fascination with crime on the part of both authors and readers is not surprising, given that criminal justice touches on so many political and psychological themes essential to literature, and comes equippedwith a trial process that contains its own dramatic structure. This volume explores this profound and enduring literary engagement with crime, investigation, and criminal justice. The collected essays explore three themes that connect the world of law (...) with that of fiction. First, defining and punishing crime is one of the fundamental purposes of government,along with the protection of victims by the prevention of crime. And yet criminal punishment remains one of the most abused and terrifying forms of political power. Second, crime is intensely psychological and therefore an important subject by which a writer can develop and explore character. Athird connection between criminal justice and fiction involves the inherently dramatic nature of the legal system itself, particularly the trial. Moreover, the ongoing public conversation about crime and punishment suggests that the time is ripe for collaboration between law and literature in thistroubled domain.The essays in this collection span a wide array of genres, including tragic drama, science fiction, lyric poetry, autobiography, and mystery novels. The works discussed include works as old as fifth-century BCE Greek tragedy and as recent as contemporary novels, memoirs, and mystery novels. Thecumulative result is arresting: there are "killer wives" and crimes against trees; a government bureaucrat who sends political adversaries to their death for treason before falling to the same fate himself; a convicted murderer who doesn't die when hanged; a psychopathogical collector whose quitesane kidnapping victim nevertheless also collects; Justice Thomas' reading and misreading of Bigger Thomas; a man who forgives his son's murderer and one who cannot forgive his wife's non-existent adultery; fictional detectives who draw on historical analysis to solve murders. These essays begin aconversation, and they illustrate the great depth and power of crime in literature. (shrink)

In a sex selective abortion, a woman aborts a fetus simply on account of the fetus’ sex. Her motivation or underlying reason for doing so may very well be sexist. She could be disposed to thinking that a female child is inferior to a male one. In a hate crime, an individual commits a crime on account of a victim’s sex, race, sexual orientation or the like. The individual may be sexist or racist in picking his victim. He or she (...) could be disposed to thinking that one race or sex is inferior to another. I argue that while a prohibition on sex selective abortions is anomalous in a liberal, criminal legal framework, hate crime legislation may not be. The former but not the latter constitutes a thought crime. I define a thought crime as one where an agent’s motivation is not just relevant but sufficient to take an act from the domain of the non-punishable to the domain of the punishable. Ignoring a woman’s sexist motivation in procuring an abortion suddenly renders her act of abortion legal. On the other hand, discounting an agent’s bias in committing a hate motivated assault or murder does not transform the act from a punishable one to a non-punishable one. Assaulting or murdering is already a crime. (shrink)

In 1972 Angela Davis stood trial on charges of conspiracy, kidnapping, and murder before a White jury. A professor of philosophy, a Communist, and a member of the Black Panther Party, she had no reason to believe that any of the jurors were her peers. Yet, after three days of deliberation, they returned a Not Guilty verdict on each of the counts. Through an analysis of the case, this essay argues for a new approach to peerhood that defines it (...) as a combination of (1) demographic similarities to the defendant and (2) a worldview orientation of contestation and anticorruption that emerges from the jury’s function in the trial. Greater clarity on how these factors are important for peerhood provides insights into how jurors can best fulfill their role and what remedies are necessary to achieve a jury of one’s peers. (shrink)

Lying in Early Modern English Culture is a major study of ideas of truth and falsehood in early modern England from the advent of the Reformation to the aftermath of the failed Gunpowder Plot. The period is characterised by panic and chaos when few had any idea how religious, cultural, and social life would develop after the traumatic division of Christendom. While many saw the need for a secular power to define the truth others declared that their allegiances belonged elsewhere. (...) Accordingly there was a constant battle between competing authorities for the right to declare what was the truth and so label opponents as liars. Issues of truth and lying were, therefore, a constant feature of everyday life and determined ideas of individual identity, politics, speech, sex, marriage, and social behaviour, as well as philosophy and religion. This book is a cultural history of truth and lying from the 1530s to the 1610s, showing how lying needs to be understood in action as well as in theory. Unlike most histories of lying, it concentrates on a series of particular events reading them in terms of academic theories and more popular notions of lying. The book covers a wide range of material such as the trials of Ann Boleyn and Thomas More, the divorce of Frances Howard, and the murder of Anthony James by Annis and George Dell; works of literature such as Othello, The Faerie Queene, A Mirror for Magistrates, and The Unfortunate Traveller; works of popular culture such as the herring pamphlet of 1597; and major writings by Castiglione, Montaigne, Erasmus, Luther, and Tyndale. (shrink)

In French schools, La Fontaine is presented as “the height of French culture,” but he was only marginally inspired by French poets. His main sources were Spanish and Italian authors, as well as classics of both the Occident and Orient. In this way La Fontaine exemplifies, for Serres, a general pattern in which “cultures grow at the crossroads of other cultures.” One's identity develops out of numerous contacts with others, by learning from them and assimilating some of their qualities—by being (...) open to, not isolated from, the rest of the world. The non-French genealogy of the fables puts in doubt the entrenched concept of identity as involving separation and isolation.Their genealogy also sets a limit on political and moralistic interpretations of La Fontaine's stories. At school, pupils are taught that the Lion stands for the King, the Fox for the Nobles, the Lamb for the Poor. But is it possible, Serres asks, that so many poets from diverse times and places have been describing “the same society with the same hierarchies submitted to the same laws”? As for moralistic readings, Serres shows that for each fable there is a counterfable in which the winner becomes the loser. The Wolf that eats the Lamb in one fable is killed by the Hunter in another. In “The Two Mules,” the animal loading the salt is murdered by bandits, whereas in “The Ass with a Load of Sponges and the Ass with a Load of Salt,” it is the latter that survives. In other words, the fables illustrate how beings metamorphose into one another: the Wolf (the attacker) can appreciate and play the role of the Lamb (the victim) when chased by the Hunter; salt can lead to death or to freedom, depending on the circumstances. The fables, taken together, offer a collection of behaviors that we, humans and animals, are capable of: our “so-called moralities,” Serres explains, “don't speak about ethics, but about ethology.”The fables offer as well a “palimpsest [that] lies silently in our bodies and our practices.” Serres speculates that the oldest forms of the fables were not spoken, but gesticulated; they mimed animal behaviors. By imitating them, we humans not only learned about the animals we were observing and living with but also about the potentialities of our own bodies. If La Fontaine became the epitome of French culture by assimilating elements of other cultures, then it was by embodying animal behaviors that we became human. (The omnipresence of prepositions in the fables—next to, in front of, under, above—suggests that the body underpins the stories. Those little words, which Serres analyzes minutely in a long chapter, locate each body in relation to those of other beings.)Serres was planning to write a book about La Fontaine as early as 1997. In his notebooks, he scribbled possible titles, all of which are evocative: “Archaeology of Miming,” “Anthropology of Simulation,” “The Fabulous Bodies of Animals,” “The Scale and the Net.” Sadly, he died in 2019 when his work on the manuscript was progressing. He had not yet settled on a definitive title, nor had he decided the order of the chapters and sections. Jean-Charles Darmon, who was allowed to edit the work, faced chapters that were almost completed but others consisting of a single line suggesting a main idea. (The blanks are often about a type of fable never defined or described: “fables of representation.”) In spite of its incompleteness, this book intermingles systematic analysis, textual and historical contextualization, and philosophical speculation—in it, we find the conceptual inventiveness, the lexical and etymological alertness, and above all the joyfulness that characterize the whole of Serres's extraordinary oeuvre. (shrink)