In this paper, I critically challenge the ability of legal reforms to recognize and integrate the way in which a rape victim sees rape. Current limitations to the law are mainly due to the accepted patriarchal view on law as a form of objective and rational knowledge, outside which there are only impracticable and irrational views. I investigate the case of marriage jurisprudence in the UK, as a prominent example, because it has long accepted marital rape as (...) objectively and rationally part of a wife’s duty. Even though changes have occurred which improve the marital rape jurisdiction and prejudicial disbelief concerning a woman’s private life is still used in the courts to question the credibility of the victim. Over the past year, extensive efforts have been made to reform the management of rape cases. Whilst there is a need to acknowledge the seriousness of the accusation with rigorous legal principles which provide appropriate safeguards for the accused person as well as the complainant, especially bearing in mind the often “private” circumstances, with a concomitant lack of witnesses, it remains the case that the rate of attribution in attempts to secure successful prosecutions in rape case remains overwhelming. I show how a Wittgensteinian approach to law would take into consideration the shape of gendered lives as they are experienced, and hence would not accept just one legal interpretation of marital law. The phenomenon of “seeing-as” in Wittgenstein’s philosophy can support the experience of being jolted into appreciating the feminist aspect of consent in marital sexual relationships. (shrink)

Historically, numbers of women complainants in rape trials have been regarded suspiciously, or prejudiced in that their credibility has been seriously called into question, or undermined, both from within and outside the courtroom. Arguably, public and legal perceptions as to the expected conduct and behaviour of the stereotypical rape victim have been grounded in the belief that genuine women who allege rape should act and portray themselves as unequivocal victims. This suggests that the contemporary construct of the (...) female rape victim and her associated stereotypical image should be considered not solely as a legal derivative but also within a wider cultural context. This article explores the historical influences that shaped the cultural construct operating in the U.K., in particular, the societal and legal attitudes of the mid-Victorians towards women and sexual violence, creating an historical mystification around the construct of the female rape victim and the crime of rape itself. Reference is made to a number of cases reported in The Times newspaper between 1850–1885 which underline the requisite portrayal of the rape complainant as an unequivocal victim. It is argued that the relocation of this historical and socially constructed mythological imaginary within the context of the law and the trial process has disproportionately contributed to the modern scepticism which surrounds the female complainant. (shrink)

This paper examines some of the problems of periodisation that arise in attempts to compare historical developments in the education systems of two or more countries.

The basic conception of this paper is to conceptualise learning as a change in relation between a person and the world through change in his/her capacity for tool use and interpretation of artefacts. Further this relation has to be defined within a context (state, societal field, institutional practice and person’s activity). Both context and tool/artefact have to be seen as objectification of human needs and intentions already invested with cognitive and affective content.

Humanity: A Moral History of the Twentieth Century by Jonathan Glover Long Shadows: Truth, Lies, and History by Erna Paris.

abstract: Comparative theology aims at seeing one's own tradition and the other in light of each other, which calls for a solid methodological foundation. Comparative theology can benefit from a global historical approach that involves the hermeneutic project of tracing historical trajectories of reinterpreting ancient traditions comparatively and the postcolonial project of enhancing non-Western voices of self-articulation. This essay shows how modern reinterpretations of Augustinian Christianity and Tiantai Buddhism can reframe their ancient doctrines, drawing on relevant philosophical strands (...) from Martin Heidegger, Hannah Arendt, Teruji Ishizu (石津 照璽), and Keiji Nishitani (西谷 啓治). (shrink)

Underlying theories of rape in legal philosophy are assumptions about the relationships between rights and property, self and others, mind and body, public and private domains, subject and object. Philosophers who study sexual assault by focusing almost exclusively on the law of rape often fail to interrogate their implicit ways of conceptualizing subjects and the harm done to them. In particular, these analyses often overlook the impact of rape on the development of personal identity and understanding of (...) self. This project provides an analysis of the wrongness of rape that considers rape not as a moment of nonconsent, but as a stage in an experiential process that includes, but is not limited to, the violation of rights. By integrating the philosophical methods of phenomenology and critical theory with current writings on the philosophy of rape law, rape trauma, and critical race theory, this study develops a descriptively full theory of rape that takes the experience of the survivor as the point of departure. A philosophically rich understanding of the harm of rape emerges when approaching the issue through the lived realities of women who have been subjected to sexual violence along with a critical social theory of how the social, historical, and material conditions inform that experience. (shrink)

This paper explores the methodological foundations of Thomas Piketty's recent book Capital in the twenty-first century. The current literature on Piketty's work lacks consensus as to which paradigm of economic thought Capital fits into. In response to that literature, this paper argues that Piketty offers a new methodological direction for economic science in the form of an analytical 'new-historicism'. The central emphasis of this methodology is an analysis of general dynamic laws on three levels: distribution, institutions, and history. A new- (...) class='Hi'>historical methodological framework applies new analytical tools to old economic problems raised by Smith, Ricardo, Marx, and others. This distinguishes Piketty's framework from other contending paradigms or schools of economic thought, thereby alleviating confusion in the current literature surrounding Piketty's book. (shrink)

Building on the unpublished correspondence between Ludwig Wittgenstein's literary executors Rush Rhees, Elizabeth Anscombe and Georg Henrik von Wright, this paper sketches the historical development of different editorial approaches to Wittgenstein's Nachlass. Using the metaphor of a ladder, it is possible to distinguish seven significant “rungs” or “steps” in the history of editing Wittgenstein's writings. The paper focuses particularly on the first four rungs, elucidating how Rhees, Anscombe and von Wright developed different editorial approaches that resulted in (...) significant differences in their editions. The paper sheds light on how these editorial differences are grounded in the editors' divergent understandings of their task. It is suggested that future research may investigate the development of editorial approaches to Wittgenstein's Nachlass as a human story of philosophical inheritance. (shrink)

The project of integrated HPS has occupied philosophers of science in one form or another since at least the 1960s. Yet, despite this substantial interest in bringing together philosophical and historical reflections on the nature of science, history of science and formal philosophy of science remain as divided as ever. In this paper, I will argue that the continuing separation between historical and formal philosophy of science is ill-founded. I will argue for this in both abstract and concrete (...) terms. At the abstract level, I reconstruct two possible arguments for the incompatibility of historical and formal philosophy of science and argue that they are both wanting. At the concrete level, I discuss how historical and formal philosophy of science have been brought together in practice, namely: in the form of a largely forgotten research tradition that I will refer to here as the study of formalized macro-units. After a brief exposition, I argue that this research tradition has been unduly overlooked by historically minded philosophers of science. Bringing together these observations, I argue that the divide between historical and formal philosophy of science is not grounded in any substantive arguments, but can be primarily attributed to disciplinary happenstance. (shrink)

The health of a nation tells much about the nature of a social contract between citizen and state. The way that health care is organised, and the degree to which it is equitably accessible, constitutes a manifestation of the effects of moments and events in that country's history. Research around health inequalities often focuses on demonstrating current conditions, with little attention paid to how the conditions of inequality have been achieved and sustained. This article presents a novel approach to inequalities (...) research that focuses on examining powerful historical discourses as legitimising processes that serve to sustain unequal conditions. The use of this Foucauldian historical genealogical approach in a study of the Irish health care system is explored and proposed as a novel approach to the research of health inequities. (shrink)

This article discusses together two recent prize-winning works of epic proportions that have received much attention: Saul Friedländer’s two-volume historical study Nazi Germany and the Jews and Jonathan Littell’s novel Les Bienveillantes , the former of which focuses on victims and the latter on perpetrators of the “Final Solution.” I provide a critical analysis of Littell’s novel, especially with respect to its seemingly fatalistic mingling of erotic and genocidal motifs and its disavowal or underestimation of the difficulty and necessity (...) of understanding victims of the Nazi genocide. My analysis raises the question of the extent to which the notoriety of the novel may be due to the way it instantiates influential approaches to both literature and the Holocaust in terms of an aesthetic of the sublime, excess, radical ambiguity , and fatalistic entry into an incomprehensible “heart of darkness.” Crucial here is the notion that an object both demands representation or explanation and ultimately is beyond comprehension, narrative, or even words. I also reevaluate the bases for the justified praise accorded Friedländer’s masterwork and question certain claims made on its behalf by commentators, especially with respect to literary and historiographical innovation. In so doing, I explore and defend the role of critical theory in relation to historical narrative. (shrink)

Buscando aportar a la investigación sobre la imaginación de futuro actual, el artículo explora una ficción científica, El ministerio del futuro (2020), de Kim Stanley Robinson. Esta novela tiene dos singularidades: comienza en julio de 2024, por lo que narra un futuro inminente, prolongando posibilidades concretas de nuestro presente, y propone, basándose en artículos académicos existentes, una moneda —carboncoin— para la transición ecológica. Ello la convierte en una ficción científica especulativa de estrategia, noción explorada en el artículo para comprender esta (...) forma de imaginar el futuro. Tras presentar una serie de conceptos sociológicos para el estudio del dinero (con énfasis en “ficción social”, de Nigel Dodd) y esbozar una historia de la imaginación del futuro del dinero, sosteniendo que, desde 2008, vivimos en una coyuntura de transformación de la moneda, se analiza la futurización del dinero presente en la novela. Se exploran las características e implicaciones del carboncoin, que premia la captura de carbono, analizando momentos de su diseño y devenir en relación a las instituciones bancarias, el dólar, las tecnologías y los dilemas de su adopción. Poniendo a dialogar la trama de la novela con fenómenos históricos, posiciones teóricas, discursos políticos, procesos sociales y tecnológicos, se intenta dar volumen a la hipótesis de que el modo de imaginar el futuro en una ficción científica actual, que especula con el porvenir del dinero en tiempos de cambio climático, puede ofrecer nuevas posibilidades de pensar el futuro a las ciencias sociales. (shrink)

Art appreciation often involves contemplation beyond immediate perceptual experience. However, there are challenges to incorporating such processes into a comprehensive theory of art appreciation. Can appreciation be captured in the responses to individual artworks? Can all forms of contemplation be defined? What properties of artworks trigger contemplation? We argue that such questions are fundamental to a psycho-historical framework for the science of art appreciation, and we suggest research that may assist in refining this framework.

Representations of rape and sexual violence abound in Victorian painting, but art historical analysis of this phenomenon has been scarce. This article uses Arthur Hacker’s 1892 painting Syrinx to examine late nineteenth-century approaches and responses to visually representing rape. How did the representation of rape relate to the newly respectable aesthetic category of the artistic nude? Syrinx depicts a standing unclothed young woman attempting to cover her body with reeds, subject matter derived from Book I (...) of Ovid’s Metamorphoses. The painting has been on public display in Manchester Art Gallery since 1893. This article examines how a rape narrative from antiquity was remade as part of the public culture of Victorian Britain, examining the aesthetic, material, literary, legal, medical and museum contexts in which its meanings were produced. It also considers how the representation of rape in this Victorian painting continues to be rethought in Manchester Art Gallery today. (shrink)

(2010). A Review of “Dismantling Educational Inequality: A Cultural-Historical Approach to Closing the Achievement Gap”. Educational Studies: Vol. 46, No. 2, pp. 270-274.

Scholars have highlighted various issues and approaches on which to focus attention within the emerging field of cross-cultural political thought. Developing a responsible methodological approach to non-Western traditions is of particular significance, given the growing importance of such traditions, the danger of cultural reductionism and the undue imposition of Western terms and categories during the comparative process. Consequently, this article argues for a historical approach to Brahmanical-Hindu political thought that examines distinctions between genres, concepts, terms and categories, including (...) how these distinctions influence the historical meaning of political ideas. To illustrate my argument, a revised interpretation of the Sanskrit word mtsyanyya -- which had been unfortunately translated into the familiar phrase 'state of nature' -- both clarifies our understanding of Brahmanical political thought and displays how existing comparisons 'domesticate' important differences between European and Brahmanical political ideas. Such analysis exposes a culturally reductive interpretive process operating within existing comparative scholarship. (shrink)

To many Sartreans, these accounts of the common physical and psychological responses to trauma reflect a familiar view of the self. For Sartre, the self is not an unchanging, underlying essence that guarantees personal identity over time; rather, it is an ongoing project that is founded on our being-in-the-world as embodied freedom, on our concrete relations with others, and, I would add, on our emotions. It thus appears that feminist writings on the effects of sexual trauma could benefit greatly from (...) a careful reading or rereading of Sartrean ontology, even though Sartre himself has not, to my knowledge, related any aspect of his philosophy specifically to the problem of trauma. With this in mind, this essay attempts to work out, within the broader Sartrean ontological framework, a preliminary outline of a phenomenology of rape trauma, one that is based on a feminist consideration of Sartre's distinct but intertwined theories of freedom, embodiment, and the emotions. In this endeavor, an important point I hope to bring out is that even though Sartre has at best provided a rough sketch for his theory of the emotions, we can nevertheless glean from that sketch valuable insights that can both inform and illuminate our understanding of the effects of trauma. (shrink)

Pragmatic approaches to genetic testing are discussed and appraised. Whilst there are various schools of pragmatism, the Deweyan appraoch seems to be the most appreciated in bioethics as it allows a historical approach indebted to Hegel. This in turn allows the pragmatist to specify and balance principles in various contexts. There are problems with where to draw a line between what is referred to here as the micro- and macro-level of doing bioethics, unless one is simply to be (...) classified as a principlist. Whilst most discussions on genetics occur at a macro level, most specifying must be done also at a micro level – the clinical encounter. Whilst pragmatism encourages us to understand better social and scientific factors and puts into perspective statements like ‘playing God’, doubts are raised about the ‘consensus’ process and how one can put aside fundamental values such as the moral status of the embryo on which there is general disagreement. If those doing pragmatism do not endorse these values, there seems to be little ground for process and compromise with those who do. It seems therefore that pragmatism cannot ignore values, even those which are not endorsed by everyone. (shrink)

Reconstruying historically the beginning of development scientific thought in Venezuela, particularly in Physics, allow to account imperative need to preserve academic-scientific formation of Venezuelan society in 21st century. The Venezuelan historians Rafael Balza and Yajaira Freites in their respectively studies "Modern Physics in the Caraqueña Society of the late eighteenth century: between Mathematics and technique and "The problem of knowledge between hacendados and illustrated merchants of the province of Caracas-Venezuela (1793-1810)" allow to account efforts of Agustín de la Torre to (...) insert, in Venezuelan society of 18th century, teaching , research, divulgation and application of modern physical sciences initiated in Europe, marking the beginning of development of eighteenth-century Venezuelan technical and scientific thought. It should be noted that historical study of Agustín de la Torre is a complicated due to scarce documentation and cultural complexity of eighteenth-century Venezuela. The contribution of study is to account for risk of loss of Science in Venezuela in XXI century, through historical reconstruction around of Agustín de la Torre and his countless and tireless efforts to develop the study and application of physics experimental in Venezuela. The scope of this research is framed in the need to show the importance in the preservation of scientific talent. Studying the efforts in eighteenth-century Venezuela allows this. The historical study around Agustín de la Torre gives an account of the origin in the studies of physics and the complex situation within the scientific and social context to develop Science in Venezuela. (shrink)

Phenomenology can offer a new point of view to the critical philosophy of history. Through a phenomenological reduction which permits an analysis of the essential structures of the "life-world," the phenomenologist suspends theoretical assumptions in order to discern the implicit attitude which defines the field of a science. Phenomenological reflection can help lay bare an original act. When applied to the discipline of history, this process of "reactivation" uncovers the original emergence of historical consciousness and brings to light the (...) structural a priori of the field of historical research. A phenomenological approach to the problem of historical knowledge will be the convergence of the analysis of the essential structures of the historical attitude and the analysis of the historical dimension of the life-world. (shrink)