This chapter contains sections titled: Feudalism Magna Carta28 The Basic Idea: No One Is Above the Law The Modern West Takes Shape From Law to Commerce Equality Before the Law Conclusion Discussion Acknowledgments.

The development of nursing began in Poland much later than it did elsewhere, for instance in the United Kingdom, the United States, or Germany, and it came up against difficult conditions. After a brief twenty‐year period of development between 1918 and 1939, it almost stalled during the war (1939–45), only to be followed by nearly twenty years of chaos. Nursing started to come out of this difficult period at the beginning of the 1960s. The turn of the 21st century (...) saw the emergence of extensive professional development and training opportunities for nurses. This change was brought about as much by political, social and economic issues, health care requirements, and the advancement of science, medicine, the birth of humanitarism, the growth of the feminist movement, the European Agreement on the Instruction and Education of Nurses, the WHO European Strategy for Nursing and Midwifery Education, the Bologna declaration, as well as the activities undertaken by the European Union, the International Council of Nurses, the American and Polish Red Cross, the Rockefeller Foundation, the Polish Association of Nurses, and the professional self‐governing body. The transformation of nursing into an independent profession was further boosted by physicians deeply involved in the issue and female pioneers of nursing. (shrink)

The concept of Rule of Law is the cornerstone of the proper functioning of the judicial system in any modern democratic society. It is a basic concept of defined rights and liberties to all persons, which offers protection from arbitrary prosecution and incarceration. This principle was firstly stipulated by the instrument of Magna Carta and it is considered as a key principle for good governance in any modern democratic society. The development of the rule of law principle is personified through (...) the independence of the Judiciary as a third branch of government. The contemporary democratic societies are faced with many challenges upon which in order to protect their values of the democratic system, often limit the rights and liberties of persons. It is the role of the courts and the judicial system to stop these injustices and protect the individual from any form of liberty deprivation and rights limitations. Before the promulgation of the Magna Carta in 1215, the rule of law was perceived as a divine justice, distributed solely by the monarch or the king or in this case - King John of England. Magna Carta doesn't have iconic status only in the British Society, which is perceived as an instrument with special constitutional status and cited by many judges, lawyers and politicians, but in any modern democratic states as well. The author in this article examines the development of the concept of Rule of Law in the modern democratic societies under the influence of the Magna Carta, and how it is perceived as a guarantee of fair trial and trial by jury of any persecuted persons whether the severity of their crimes. (shrink)

Magna Carta is one of the most important illustrations of the exceptionalism of English common law. Within a completely feudal framework it gave the clearest possible articulation to the concept of the rule of law and at the same time it also showed that there were certain basic rights which every freeman enjoyed without any specific conferment by the king. From English perspective, continental European law after the process of the reception of Roman law was commonly regarded to be apart (...) and different from the English legal tradition, as well as being perceived to pose a continual threat. The English Parliament constantly turned down royal attempts to emulate the continental reception of Roman law by characterizing it as something entirely foreign to English law. Roman law was supposed to promote an authoritarian and absolutist vision of the relationship between rule and subjection and this was expressed in the famous phrases 'princeps legibus solutus' and 'quod principi placuit legis habet vigorem'. Roman law was also anti-feudal, because one of its main principles that all power originated from one central source was the antithesis of the distribution of power over multiple centers, which was a crucial element of the feudal society. Many English historians have held the view that the English law is democratic, whereas the continental tradition is undemocratic and authoritarian, and this is why the Roman law succeeded on the Continent and failed in England. (shrink)

In this article, interviewing from a descriptive, phenomenological, human scientific perspective is examined. Methodological issues are raised in relation to evaluative criteria as well as reflective matters that concern the phenomenological researcher. The data collection issues covered are 1) the selection of participants, 2) the number of participants in a study, 3) the interviewer and the questions, and 4) data collection procedures. Certain conclusions were drawn indicating that phenomenological research methods cannot be evaluated on the basis of an empiricist theory (...) of science, but must be critiqued from within a phenomenological theory of science. Some reflective matters, experienced by the phenomenological researcher, are also elaborated upon. (shrink)

The air pollution generated by motor vehicles and by static sources is, in certain geographic areas, a very serious problem, a problem that exists because of a failure of the marketplace. To address this marketplace failure, the State of California has mandated that by 2003, 10% of the Light-Duty Vehicle Fleet (LDV) be composed of Zero-Emission Vehicles (ZEVs). However, the policy-making process that was utilized to generate the ZEV mandate was problematic and the resulting ZEV mandate is economically unsound. Moreover, (...) an ethical analysis, based primarily upon the work of John Rawls, suggests that implementation of the California ZEV mandate is—in spite of the wide latitude that ought to be given to policy decision makers—unethical. A more ethical and economically efficient approach to the pollution caused by marketplace failure is one that relies on market incentives and thereby achieves the desired improvement in air quality by appealing both to the self-interest of motorists and to those businesses that are directly or indirectly involved with the automobile industry. Such an approach would take better advantage of the creative forces of the market and improvements in technology over time and avoid the infringements on individual liberty and fairness embodied in the ZEV mandate. (shrink)

One way to conceptualize human life is to describe it as a process through which the biological body is progressively transformed into a psychological one through its mentalization and symbolization. This process occurs through the relational field, which begins with caregiver-infant proto-conversations and develops through adolescence into the ongoing complex interpersonal relational network we call society and culture. The essence and the problems of adolescents are intricately tied to the social and cultural contexts in which they experience life. Therefore, adolescence (...) cannot be understood if all the levels that it expresses are not taken into consideration. We identify three psycho-historical phases through which adolescence has changed in the past century: Oedipal; Narcissistic; and Post-narcissistic. In this last phase due to the psychological and historical failure of the narcissistic ideals, the ideal is mingling with the real in a wholly new way. This process has overturned Erikson's paradigm: identity, opposed and defined by a dichotomic otherness, must be transformed into a fluid integration of similarities and differences negotiated and developed through empirical interpersonal intersubjective experiences. This, in our perspective, is a possible key to understand the rapid change in the nature of consciousness, selfhood, and gendering in today's western world, together with some important psychopathological disorders which describe the new creative challenges of today's adolescents. (shrink)

Property rights are integral part of the freedom and prosperity of every person, although their centrality has often been misprized and their provenance was doubted. Yet, traces of their origin can be found in Magna Carta, signed by the King of England in 1215. It was a turning point in human rights. Namely, it enumerates what later came to be thought of as human rights. Among them was also the right of all free citizens to own and inherit property. (...) The European Convention on Human Rights was heavily influenced by British legal traditions, including Magna Carta. Among other rights, it also guaranties the right to property as a human right. Moreover, the protection of property rights has been extended to intellectual property rights as well. Namely, the European Court of Human Rights has provided protection of intellectual property rights through the adoption of decisions that interpret the right to property, in relation to intellectual property protection claims. It has extended the human rights protection of property to the mere application for registration of the trade mark. This paper has placed its focus on the development and treatment of the right to property starting from Magna Carta to the European Convention on Human Rights, as modern version of Magna Carta. In this sense, the jurisprudence of the European Court of Human Rights and its role and approach in the protection of the right to property will be examined as well. (shrink)

In this paper, the ethical and legal issues raised by the deactivation of implantable cardioverter-defibrillators in patients with terminal cancer is considered. It is argued that the ICD cannot be well described either as a treatment or as a non-treatment option, and thus raises complex questions regarding how rules governing deactivation should be framed. A new category called “integral devices” is proposed. Integral devices require their own special rules, reflecting their position as a “halfway house” between a form of treatment (...) and a part of the body. The practical problems faced by doctors working in palliative medicine with regard to the deactivation of ICDs are also considered. (shrink)

Arnold and Bowie (2003) attempt to derive ethical constraints on the actions of the managers of multinational enterprises (MNEs), orthe MNEs themselves, from a Kantian perspective. We contest Arnold and Bowie’s claims regarding MNE duties, in particular that MNEs have a duty to pay a subsistence wage above market levels. We conclude that even within Arnold and Bowie’s Kantian framework such a duty does not properly emerge. In addition, we argue that the account of coercion used by Arnold and Bowie (...) does not serve their purposes. Arnold and Bowie address consequentialist issues by arguing that their conclusions are not undercut by economic considerations regarding unemployment. We argue that Arnold and Bowie have misread the economic literature in this regard. (shrink)

Research in psychopathology is booming in an unprecedented way, at least, in terms of increasing number of publications. Yet, a few questions arise: Does quantity also give us quality? Are the collected data generally of sound quality? How are data typically collected in psychopathology? Are the applied methods of data collection appropriate for this particular field of study? This article explores three different methods of data collection in psychopathology, namely self-rating scales, structured interviews, and semi-structured, phenomenological interviews. To identify the (...) most adequate methodological approach, we first establish the nature of the object of psychopathology and then we critically assess each method’s appropriateness to this field of study. We emphasize fundamental issues that make self-rating scales and structured interviews unfit for the task of adequately examining psychopathology. By contrast, we propose that a semi-structured, phenomenological interview presents a more appropriate method. Finally, we describe two types of semi-structured, phenomenological interviews that can be applied to assess and explore psychopathology, respectively. (shrink)

The phenomenology of bioethics is approached here in relation to the lived experience as it relates to the everyday lifeworld of persons suffering from mental illness. Taking a road less traveled, the purpose here is to elucidate ethical issues relating to sociality, using findings from qualitative phenomenological psychological research. Qualitative studies of schizophrenia and postpartum depression serve as examples. Layered throughout is the applied phenomenological argument pointing to the importance of returning to mundane intersubjectivity and the reversibility between mental illness, (...) the existential context of suffering, and sociality. (shrink)

Research in psychopathology is booming in an unprecedented way, at least, in terms of increasing number of publications. Yet, a few questions arise: Does quantity also give us quality? Are the collected data generally of sound quality? How are data typically collected in psychopathology? Are the applied methods of data collection appropriate for this particular field of study? This article explores three different methods of data collection in psychopathology, namely self-rating scales, structured interviews, and semi-structured, phenomenological interviews. To identify the (...) most adequate methodological approach, we first establish the nature of the object of psychopathology and then we critically assess each method’s appropriateness to this field of study. We emphasize fundamental issues that make self-rating scales and structured interviews unfit for the task of adequately examining psychopathology. By contrast, we propose that a semi-structured, phenomenological interview presents a more appropriate method. Finally, we describe two types of semi-structured, phenomenological interviews that can be applied to assess and explore psychopathology, respectively. (shrink)

Arnold and Bowie (2003) attempt to derive ethical constraints on the actions of the managers of multinational enterprises (MNEs), orthe MNEs themselves, from a Kantian perspective. We contest Arnold and Bowie’s claims regarding MNE duties, in particular that MNEs have a duty to pay a subsistence wage above market levels. We conclude that even within Arnold and Bowie’s Kantian framework such a duty does not properly emerge. In addition, we argue that the account of coercion used by Arnold and Bowie (...) does not serve their purposes. Arnold and Bowie address consequentialist issues by arguing that their conclusions are not undercut by economic considerations regarding unemployment. We argue that Arnold and Bowie have misread the economic literature in this regard. (shrink)

The title of this issue, Spinoza Today', takes up a question central to Genevieve Lloyd's substantial oeuvre, whether she is writing about feminist philosophy or historical phi- losophers and movements. That is, how do we draw on past philosophers to address contemporary problems, while also doing justice to the context for which they wrote? More particularly, why be interested today in what Spinoza wrote in the seven teenth century? But also: How do we read so as to be attentive to (...) Spinoza's particular concerns, and without subordinating his insights to neat dichotomies that aid the teaching, if not the thinking, of his philosophy? (shrink)

One of the most important and famous historical documents from the English legal and constitutional legacy is the Magna Carta Libertatum. Signed and sealed in the year 1215 the Magna Carta is further on viewed as the sole inception of the idea of limiting the power of the ruler trough legal rules. That limitation is to be made with legal rules that are binding for everyone, even the monarch. Therefore, the Great Charter is viewed as the first document signed (...) by a monarch with which, the principle of supremacy of the law is set out. That supremacy of the law has been further on developed by eminent scholars and practitioners, eventually leading to the development of the concept of rule of law. Rule of law, as a concept, means that the royal authority is going to be inferior to the law. However, this concept means a lot more than simply that. Unlike the principle of legal state, the rule of law is closely linked to justice, separation of powers and legal certainty. All of these concepts are actually prerequisites for its existence. That is why each of them is separately examined and elaborated. Furthermore, as one of the most important principles the rule of law had a great influence on the constitutional systems around the world. Since the Republic of Macedonia strives to become a democratic state where the rule of law is established and developed it is important to elaborate the influence of this principle in it. Therefore, the research gravitates over the principle of rule of law in the Republic of Macedonia. (shrink)

Magna Carta Libertatum or the Great Charter of the Liberties is a historical document of great significance for the constitutional history and human rights and liberties development. Although at its initial version it addressed a limited number of liberties and principles, it represented a solid foundation for the evolution of the principles of the rule of law, right to justice, right to a fair trial, just and reasonable sentencing, limitation of powers, etc. Namely, article 20 of the Charter states: A (...) freeman shall not be amerced for a slight offense, except in accordance with the degree of the offense; and for a grave offense he shall be amerced in accordance with the gravity of the offense, yet saving always his “contenement”; and a merchant in the same way, saving his “merchandise”; and a villein shall be amerced in the same way, saving his “wainage” if they have fallen into our mercy: and none of the aforesaid amercements shall be imposed except by the oath of honest men of the neighborhood. An analysis of this article undoubtedly leads us to the basic principles of the contemporary systems of fine, namely the daily-fine system introduced in the Macedonian Criminal Code in 2004 according to which the fine will be calculated and pronounced according to the gravity of the offence and the financial state and condition of the perpetrator. As one can notice, the gravity of the offence and the saving of the perpetrators “contenement” from the abovementioned article of the Great Charter refer to the aforesaid principles. In this article, a comparison will be made on the meaning of the term “amercement” and its similarities and differences with the modern financial penalties and measures in the criminal law from comparative perspective, to find which one corresponds to the latter: fine, assets forfeiture or compensation of damages made with the criminal offence. (shrink)

Human rights were analyzed and described in many writings from older times. If we consider their fame and historical value, most important ones are: Great Charter of Freedoms of 1215, the Law on Rights of 1689, the Declaration of Independence of the United States of America and the Declaration of the Rights of Man and Citizen. In Chapter 1 of Magna Carta was described the freedom of religion – it established the freedom of the English church from state interference. (...) Today, implementation of this principle, challenges the communities to examine the part they might play in the development of a liberal democracy and to be part of the solution rather than part of the problem in internal and international relations. The restitution of the expropriated congregational properties – concretely of the Islamic Community of Macedonia remains open and can reflect the level of respect of human rights in general and religious and property rights in particular. The aim of this paper is to bring some facts on actual situation regarding the implementation of religious and related rights and discuss the way this principle has found its implementation in Macedonian legislations. Also this paper will seek to identify the problems that occur regarding these rights. (shrink)

Abstract.Since the gene splicing debates of the 1980s, the public has been exposed to an ongoing sequence of genetic and reproductive technologies. Many issue areas have outcomes that lose track of people's inner values or engender opposing religious viewpoints defying final resolution. This essay relocates the discussion of what is an acceptable application from the individual to the societal level, examining technologies that stand to address large numbers of people and thus call for policy resolution, rather than individual fiat, in (...) their application. A major source of guidance is the “Genetic Frontiers” series of professional dialogues and conferences held by the National Conference for Community and Justice from 2002 to 2004. Genetic testing, human gene therapy, genetic engineering of plants and animals, and stem cell technology are examined. While differences in perspective on the beginning of life persist, a stepwise approach to the examination of genetic testing reveals areas of general agreement. Stewardship of life, human co‐creativity with the divine, and social justice help define the bounds of application of genetic engineering and therapy; compassionate care plays a major role in establishing stem cell policy. Active, sustained dialogue is a useful resource for enabling sharing of religious values and crystallization of policies. (shrink)

Since its publication at the beginning of the eighteenth century, the Earl of Clarendon's history of the English Civil War has remained one of the most important sources for our understanding of the events which changed the course of British history. Clarendon held the offices of Lord High Chancellor of England and Chancellor of the University of Oxford; he began his great work after the Restoration of Charles II at the behest of the King himself.This classic work, long unavailable, (...) has now been reissued by the Oxford University Press in a facsimile of the much-admired 1888 edition. The History of the Rebellion and Civil Wars in England chronicles in absorbing detail the intrigues and upheavals, the alliances and confrontations, the triumphs and the tragedies, of the 1640s and 1650s. In elegant and vital prose it brings to life the personalities who shaped the era, and the principles for which a nation was divided. (shrink)

Since its publication at the beginning of the eighteenth century, the Earl of Clarendon's history of the English Civil War has remained one of the most important sources for our understanding of the events which changed the course of British history. Clarendon held the offices of Lord High Chancellor of England and Chancellor of the University of Oxford; he began his great work after the Restoration of Charles II at the behest of the King himself.This classic work, long unavailable, (...) has now been reissued by the Oxford University Press in a facsimile of the much-admired 1888 edition. The History of the Rebellion and Civil Wars in England chronicles in absorbing detail the intrigues and upheavals, the alliances and confrontations, the triumphs and the tragedies, of the 1640s and 1650s. In elegant and vital prose it brings to life the personalities who shaped the era, and the principles for which a nation was divided. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Eighteenth-Century Hermeneutics: Philosophy of Interpretation in England from Locke to BurkePaul J. KorshinEighteenth-Century Hermeneutics: Philosophy of Interpretation in England from Locke to Burke, by Joel Weinsheimer; xiii & 275 pp. New Haven: Yale University Press, 1993, $30.00.Hermeneutics has until the present study had little application to eighteenth-century England. The omission is curious for, although there were few advances in biblical scholarship during the Restoration and eighteenth century, modern (...) literary criticism begins in this century with Dryden and Johnson, modern aesthetics with Shaftesbury and the Scottish school of taste, and modern theories of art with Reynolds and writers on the picturesque. Joel Weinsheimer’s treatment of this topic, then, instantly possesses originality, not only from a lack of serious competition but because of its approach to [End Page 365] hermeneutics. He “does not offer a historical narrative” of what happened in hermeneutics in eighteenth-century England (p. xi). Rather, Weinsheimer prefers to see hermeneutics as a series of snapshots of how various writers, of whom only a few are conventional exegetes, deal with matters of interpreting texts. In all, the book treats eight major figures (Swift, Locke, Toland, Bolingbroke, Hume, Reid, Blackstone, and Burke), devoting a chapter to each.The method in each one is approximately the same: Weinsheimer produces a reading not of a single work alone but of all, or almost all that an author writes about interpretation. In the case of Swift, for instance, his principal contribution on exegesis, A Tale of a Tub, is a satire on styles of exegesis Swift considered ridiculous. This chapter adds little to what we know of Swift but, in relation to Weinsheimer’s analysis of Sir William Blackstone, we can see that there is a legal background to parts of the debate among the three brothers on the meaning of Scripture. Locke (pp. 23–45) also dealt with the Bible extensively, but his tendency to prefer the doctrine of “sola scriptura” limits what an author can say about his hermeneutics. John Toland (pp. 46–71), in his Christianity Not Mysterious, proposes radical notions of biblical exegesis, and Weinsheimer gives us a lucid reading of the first English skeptical exegete. All the other figures he studies, however, had little interest in traditional literary exegesis. Weinsheimer sees Bolingbroke (pp. 72–102) as a philosopher of history who tried to generate a theory of decoding the past, but he does not clearly distinguish Bolingbroke’s rules for writing history. Hume (pp. 103–34) wrote extensively on exegetical topics without actually being an exegete; although this is one of Weinsheimer’s more opaque chapters, it does succeed in showing the diversity of Hume and his inability to reason conclusively on matters of interpretation. Hume basically did not think that there is any problem in understanding others, so his theories of exegesis are not coherent. So, too, Thomas Reid (pp. 135–65) considered language, properly used, as lacking in opacity; hence elaborate theories of interpretation have little use for him.However, with Blackstone and Edmund Burke, Weinsheimer contributes his two most interesting chapters. The law, as Blackstone conceived of it, is extremely difficult to understand, so his Commentaries on the Laws of England is an attempt to read legal texts “in the context of general literacy” (p. 168); Bentham would later imitate him. Burke, Weinsheimer argues, started as an aesthetician and ended applying principles of good and bad taste to political behavior, always one of the weaknesses of reactionary politics.In a brief epilogue (pp. 226–33), Weinsheimer speculates on the effort of eighteenth-century hermeneutics to understand historical reason, but he does not comment on the failure of the period to produce a single important hermeneuticist. His own choice to avoid major exegetes such as Samuel Johnson and Joshua Reynolds abridges his results dramatically, but a study based on scholarly snapshots always courts this risk. Hermeneutics is a [End Page 366] recondite concept, yet Weinsheimer renders his topic more difficult than it need be by frequent shifts in its definition and a complex, often unclear, style. Eighteenth-Century Hermeneutics provides a start, if not a definitive treatment, for later students of exegesis in the English Enlightenment.Paul... (shrink)

ABSTRACT Republic Act 9710, or the Magna Carta of Women (MCW), is considered the Philippine version or national law translation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Using the concept of impact translation as a framework and the Feminist Critical Discourse Analysis (FCDA) approach, this article examines the MCW and the minutes of committee meetings, particularly the bicameral conference committee meeting where lawmakers agreed on the finalized version of the bill. It applies the (...) concept of gender relationality in examining how legislators negotiated the provisions of the MCW, particularly those on reproductive health and the definition of gender. The analysis shows that these provisions challenged Catholic doctrines specifically on gender, childbearing, and pre-marital sexual relations. It argues that the Catholic conception of gender norms and women’s role in society shaped the law’s final version, disregarding the CEDAW Committee recommendations on abortion. Findings suggest that the legislators’ fear that the law’s ratification would serve as an opening for the legalization of abortion led to a weakened version of the law, particularly the section on women’s reproductive health. (shrink)

The rules as we know today in modern societies have their base in the Magna Carta from 1215. In that time people declared that the rights of the king and nobles must be limited and that was the first step toward as we know today “democracy”. The rights incorporated in the Magna Carta defined the limits what a state can do and also set boundaries in order to achieve equality between the state and the individual. The rights proclaimed with (...) Magna Carta found their path in the French Revolution from 1789 as “Liberty, Equality and Fraternity” became symbol of democratic freedom and afterwards gave value in the conventions and other international instruments. The main purpose that was achieved with Magna Carta from today’s perspective is that the rules have been implanted in the conscience of people, so they learn to obey and practice them. The Magna Carta rights are integral part of international conventions and on that way they have been taken from the states on national level so they become inevitable incorporated segment of the constitution and the laws of states. Those rights have achieved their purpose, because 800 years after their proclamation, some of them are still on force and have been provided in the constitutions of many countries including the Western Balkan countries. The rights that derived from Magna Carta concerning the rule of law, independence of the judiciary, equality before the law and prohibition of discrimination are integral part of the Constitution of Macedonia which makes efforts for their implementation into practice – because contrary, words will be just words on paper and nothing else. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:222 Reviews A RUSCELLO ON RUSSELL I. GRATTAN-GUINNESS Faculty ofScience, Engineering and Mathematics Middlesex Polytechnic Enfield, Middlesex l!N3 4SF, England Michele di Francesco. Introduzione a Russell (I Filosofi, Vol. 53.) Rome and Bari: Laterza, 1990. Pp. viii, 200. 16,000 Lire. -. II Realismo analitico: logica, ontologia e significato nel primo Russell (Saggi, Vol. 28.) Milan: Guerini, 1991. Pp. 269. 30,000 Lire. Italy has long enjoyed a tradition of work (...) in the history of philosophy. Russell featured well recently in R. Simili, ed., L'Epistemologia di Cambridge I85O-I950 (1987), and here he is the leading figure in two books by an Italian scholar, who has just been appointed to the University of Palermo. The first book is a small-format volume in a series ofintroductory texts on philosophers; so Russell's social, educational and political writings are not treated, although a short biographical summary is furnished. While the centre of attention falls upon epistemological concerns, other aspects of Russell's philosophy are noted. A chronological line is followed, beginning with the idealist phase and proceeding to logicism and the early philosophy of language. Then comes logical atomism and the later doctrines through works such as The Analysis ofMindand The Analysis ofMatter to Human Knowledge (rather briefly handled). A very good survey and selection of Russell writings (including Papers) is given, followed by a fine classified bibliography of secondary literature; ~ut unfortunately no indexes then follow. Reviews 223 The second book, which belongs to a series of "essays" on scholarly subjects, is aimed at a more academic audience. As its title indicates, it is primarily concerned with the philosophical aspects of Russell's thought from his neo-Hegelian phase before 1910. After a quire lengthy thematic introduction, the chapters concentrate, in turn, upon Bradley and Frege; the MooreRussell reform; the ontology of propositions in The Principles; "significato", denotation and paradoxes there; the background to "On Denoting"; Meinong (with a welcome appendix on K. Twardowski, a figure normally known only to students of Polish thought); the theory ofdescriptions in "On Denoting "; and finally a general survey of the problem of meaning in analytic philosophy. As in the other book, no indexes are furnished, but the bibliography of secondary literature is very rich, and is well cited in the text (which is admirably parsimonious in the use of footnotes). However, there are some gaps in. the primary literature outside Russell. In particular, it is'a surprise that this Italian scholar says very little about Giuseppe Peano and his followers, and cites none of their works; for a major component of Russell's background is thereby not properly illuminated, and several important examples of the place of mathematical issues in Russell's developing philosophical programme are left unregistered (for example, why definite descriptions are preferred to indefinite ones in the first place). Among other quality books of this genre, one thinks most readily of J. Vuillemin, La premiere philosophie de Russell (1968), N. Griffin, Russell's Idealist Apprenticeship (1991), and F. A. Rodrfguez-Consuegra, The Mathematical Philosophy ofBertrand Russell (1991). All three recent authors have the advantage over. their distinguished French predecessor of the availability of the Russell Archives, and all have made effective use of the manuscripts. (However, nobody seems yet to have fully exploited the potential of Russell's correspondence.) The other two new volumes gain a certain edge over this one for their somewhat more extensive use of manuscripts, and the greater attention paid to mathematico-Iogical issues; but nevertheless,.the Italian public are basically well served by their compatriot with this book and its introductory predecessor.... (shrink)

Between the 1960s and the 1970s, Marxism reached its maximum success in Italy, but that phase also corresponded to the crisis of the Italian Communist Party’s cultural hegemony, challenged by both the attacks coming from the New Left and innovative readings of Marx’s works. Marxist historicism, on which the Italian Communist Party had based its cultural policy after the the Second World War, consequently suffered heavy attacks. This article illuminates one of the responses to historicism’s decline, providing an account of (...) the book series La Scienza Nuova, issued by the publishing house Dedalo in Bari and edited by the communist intellectual Mario Spinella, who was able to remain loyal to his party demonstrating, at the same time, cultural autonomy. Also grounding on archival documents, the article posits that Spinella’s aim was to attract New Left readers by selecting books on topics and by authors that were in fashion in Italy and abroad, but incorporating them into a theoretical framework based on Marxist historicism, in order to preserve the latter in an evolving cultural environment. (shrink)

There is a long history in science and technology studies of tracking problematic objects, such as controversies, matters of concern, and issues, using various digital tools. But what happens when public problems do not play out in these familiar ways? In this paper, we will think through the methodological implications of studying “problems” in relation to recent events surrounding the sharing of patient data in the National Health Service in the United Kingdom. When a data sharing agreement called care.data was (...) announced in 2013, nearly 1.5 million citizens chose to opt out. Yet, in subsequent years, there has been little evidence of a robust public mobilising around data sharing. We will attempt to track this elusive ‘non problem’ using some digital tools developed in STS for the purpose of mapping issues and problem definitions within science. Although we find these digital tools are unable to capture the “problem,” the process of searching helps us map the terrain of the case and forces us to consider wider definitions. (shrink)

Magna Carta Libertatum is one of the few documents that continuously imply thorough discussions about fundamental principles of the law. In 2011, Lord McNelly, Justice Minister of UK at the time, has emphasized the core and everlasting principles that derived from this document: ᠅ that the power of the state is not absolute ᠅ that whoever governs the state must obey the law ᠅ and that whoever governs the state must take account of the views of those who are governed. (...) These are the fundamental principles of any government that strives to be distinguished as democratic, these are the self-evident truths that have been developed in the theory of social contract that established the modern day democracies. It is very common that article 39 of Magna Carta that provides for the right to due process, as well as article 40 that provides for the right to access to justice and justice itself, to be usually analyzed from the point of view of the rights of the person accused of a crime. However, it must be taken into consideration, that failure to guarantee these two very important human rights makes the accused person a victim of abuse of power. This article aims to analyze the relevance of Magna Carta in the rise of the concept of rights of victims of abuse of power. Although it is a concept developed later in history, the clauses of Magna Carta that remain in power can be directly linked to this category of victims. The thirteenth century provides a very important perspective on the position of the victim of crime and can be analyzed in a comparative aspect regarding the Common Law and the Civil Law historical development. The article will briefly explain the evolution of the concept of victims’ rights throughout these eight centuries to the modern times when these rights have become a crucial part of the national legislations of Western Balkan countries. (shrink)

The authoress questions the historiographic dogma that, tracing back to F.W. Maitland, gave the pure «Englishry» of English law for granted, thus building its history on its exceptionality with respect to European tradition, from which it would not have been contaminated at all. The Anglo-Saxon historiographical analysis of the most important English constitutional document aims at answering to the provocative question: how English is Magna Carta? What role did jus commune play in its drafting? What is its relationship with contemporary (...) Roman Canon law? Through the examination of its cultural roots, the essay shows not only the substantial influence of Roman Canon law on Magna Carta, but also, more generally, the affinities and the common elements that characterize in principle the relationship between English juridical tradition and the continental one. (shrink)

Dans L’Histoire d’Angleterre, Hume consacre de nombreuses pages aux événements qui conduisirent à la rédaction de la Grande Charte et aux remous qui en résultèrent. Certes, il ne s’agit pas de faire de ce texte une sorte de contrat qui aurait régi la vie politique anglaise pendant plus de cinq siècles. La conception contractualiste que les Whigs ont de l’histoire ne saurait tirer argument d’un tel document ; mais l’événement ne fut tout de même pas sans conséquences ; et il (...) se pourrait même que la vie politique, économique, sociale de l’Angleterre ait été davantage changée en profondeur par ce document que celle des Français par les rideaux de fumée dont Bentham fut le témoin lors de la rédaction des diverses Déclarations des droits de l’homme par les révolutionnaires français à partir de 1789. Jusqu’à la fin de sa vie, Bentham, qui n’est ni anti-républicain, ni anti-démocrate, comme a pu l’être Hume, prend au sérieux le texte de la Magna Carta dans laquelle il voit, mutatis mutandis, une sorte de modèle selon lequel les lois qui accordent les libertés pourraient être garanties aux citoyens : sans les fioritures ni la grandiloquence françaises, mais avec le maximum de précision qu’il convient d’accorder à leur rédaction. Le chiasme est étonnant : Hume est plus prompt que Bentham à dénoncer les fictions de la Grande Charte et de l’usage qu’il est possible d’en faire, alors que le spécialiste des fictions, voit dans la Grande Charte - qu’il aurait tout lieu de dénoncer à la suite de Hume - une source d’inspiration non négligeable pour écrire sérieusement des lois. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Epistemology in Pracīna and Navya NyāyaJonardon GaneriEpistemology in Pracīna and Navya Nyāya. By Sukharanjan Saha. Kolkata: Jadavpur University, 2003. Pp. 166.Epistemology in Pracīna and Navya Nyāya, by Sukharanjan Saha, usefully collates ten previously published essays on Indian epistemology: two longer essays first published in 1986 and a series of more recent shorter pieces. The leading thesis of the book is that the epistemology of the older writers (...) in the tradition of Nyāya-Vaiṣesika is, in important respects, better than the "new epistemology" originating with Gaṅgeśa. Sustained attention is given to the epistemology of the Vaiśeṣika thinker Praśastapāda (ca. A.D. 660), and the first six essays all "seek to show that Praśastapāda's views are more acceptable than those of Gaṅgeśa considered from the point of view of contemporary epistemology" (p. 4). The remaining essays argue in support of a similar conclusion with regard to certain ideas found in the older Nyāya of Gautama and Vātsyāyana. The titles of the essays collected here are: (1) "Epistemology in Pracīna and Navya Nyāya"; (2) "Kindred Points in an Old Epistemology" (1986); (3) "Gaṅgeśa's Reactions to Some Gettier-like Problems" (1986); (4) "The Unestab-lished Reason in Nyāya"; (5) "The Savyabhicāra Hetvābhāsa in Nyāya and Vaiśeṣika Schools"; (6) "The Thesis of Nirvikalpaka in Nyāya and Vaiśeṣika"; (7) "Truth as Avyabhicāritatva"; (8) "A Note on the Definition of Pramā; (9) "Nyāya Theory of Predication"; (10) "The Present and Its Knowledge"; and (11) "Types of Inference in Gautama and Vātsyāyana."Whether or not one finds oneself in agreement with Saha's specific arguments, the general conception of the book seems to me to be laudable. The astonishing [End Page 120] continuity of the Indian philosophical tradition makes it all too easy to survey the history of Indian philosophy and assume that historical development runs in tandem with philosophical progression. It is tempting to think, for example, that Gaṅśa, reviewing the epistemology of the older tradition, and considering the various objections that had been brought against it by external critics like Śrīharṣa and the later Buddhists, produced a new theory that was both an improvement on and a systematization of earlier Nyāya epistemology. To succumb to this temptation would be a mistake, however, for at least two reasons. First, it might be that the discussion of the earlier thinkers was, though less sophisticated, "closer to the ground," so to speak, than that of their successors. The comparative absence of theoretical baggage may have enabled those earlier writers to remain true to the facts, even when they could not easily be explained or systematized. This does indeed seem to be the case with the sūtra texts, and it is also very noticeably the case with Praśastapāda, who exhibited, for instance in his discussion of motion, an openness to the facts rather than closure born of theoretical over-commitment.Second and relatedly, it might be that the earlier thinkers had not yet closed down the range of topics and approaches deemed worthy of philosophical discussion or exploration. Thus, again in the sūtras, we find the beginnings of discussions on an enormous array of issues and hypotheses, not all of which were subsequently picked up or extended in later theory. Saha, for example, argues that Gaṅgeśa committed the later tradition to a rigid causal theory of knowledge, and suggests further that because of this he "failed to appreciate the richness of the philosophical insight of the founders of the system of philosophy to which he owes his allegiance" (p. 69). If this is right, then a return to the earlier strata of the tradition might well lead to an enrichment of our understanding of the range of philosophical possibility. Saha's approach, then, helps to guard the modern student of Indian philosophy from mistakenly thinking that "newer is always better," just as we have learned to be on guard against the older and contrary... (shrink)

For a variety of reasons, consciousness and selfhood are beginning once again to be intensively studied in a scientific frame of reference. The notions of each which are emerging are extremely varied: in the case of selfhood, the lack of an adequate vocabulary to capture various aspects of subjectivity has led to deep confusion. The task of the first part of this article is to clear up this terminological confusion, while salvaging whatever is valuable from the contemporary discussion. The (...) more important task of the second part is to discuss the moral issues inevitably involved in any treatment, scientific or otherwise, of the modern identity. (shrink)

This article aims to expound the principle of justice, as a fundamental value and as an immanent category of law, as well as one of the fundamental human rights, prescribed and guaranteed by a myriad of international instruments and documents. After a brief historical account, by focusing on Article 40 of the Magna Carta Libertatum, which states that: “To No One Will we Sell, To No One Will we refuse or delay, right or justice”, this article claims to show the (...) importance of incorporation of this principle in the provisions of the Magna Carta and its impact on the development of theory and legislation in the past and present. Moreover, the article intends to explore the extent of influence that the priciple of justice has on the functioning of the law in general. Since justice implicates the permanent and constant will to render each person his due, and this achieved through equality, it results that justice means being equal. In this context, the article will explore the concept of equality as a precondition of justice, as well as the conditions and modalities for its implementation. Having in mind that the principle of justice is closely linked to the principle of equity, because equity precedes justice, or more precisely, equity is considered a source of justice, this article seeks to articulate the essential distinctions between these two concepts by focusing on their methods, i.e. in their approach for putting the idea of equality into action. (shrink)

Intrigued by the possible paths that the evolution of religious capacity may have taken, the authors identify a series of six major building blocks that form a foundation for religious capacity in genus Homo. Homo neanderthalensis and Homo sapiens idaltu are examined for early signs of religious capacity. Then, after an exploration of human plasticity and why it is so important, the analysis leads to a final building block that characterizes only Homo sapiens sapiens, beginning 200,000–400,000 years ago, (...) when all the other cognitive and neurological underpinnings gradually came together. Because the timing of cognitive evolution has become an issue, the authors identify the time periods for these building blocks based on findings from modern cognitive science, neuroscience, genomic science, the new cognitive archaeology, and traditional stones-and-bones archaeology. The result is a logical, and even a likely story 55–65 million years long, which leads to the evolution of religious capacity in modern human beings. (shrink)

Exactly when Philosophy of Psychiatry started as a subfield of Philosophy is hard to say. There are several different estimates of how old psychiatry itself is, from one hundred to three hundred years, and of course there has been discussion and treatment of mental illness for at least a couple of thousand years. A host of issues which could count as belonging to the field have been discussed just within the last hundred years. For instance, a large literature on the (...) philosophy of psychoanalysis dates back to the beginning of the century, and in the last thirty years there has been discussion of amnesia and multiple personality in the philosophy of mind, bioethical debate about involuntary hospitalization and the ability of the mentally ill to give informed consent to drug trials, and recent continental philosophy has shown much interest in madness, civilization, capitalism and schizophrenia. However, I suggest that Philosophy of Psychiatry reached a sense of itself as a separate field only in the 1990s. In this time, it has gained its own association, journal, and a book series with a prestigious press. I refer to the American Association for Philosophy and Psychiatry, the associated journal, Philosophy, Psychiatry, and Psychology, and the MIT Press series, Philosophical Psychopathology: Disorders of Mind, edited by Owen Flanagan and George Graham. Jennifer Radden's Divided Minds and Successive Selves is the first book in that series. (shrink)

Live broadcasts of surgical procedures are most common at professional conferences, but they are not uncommon in the wider public arena, with operations having recently been transmitted in realtime on public television in the UK. This phenomenon raises ethical concerns familiar from the professional context, along with some distinct considerations which merit further attention. In this article I aim to examine the issues in terms of patient autonomy, patient welfare and the public interest. Prompted by the interest recently expressed by (...) the Royal College of Surgeons of England, under each topic I pose a series of questions, before closing with a call for enhanced ethical oversight, such as might be afforded by a clinical ethics committee. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:English Classical: The Reform of Poetry in Elizabethan England STEPHEN ORGEL Roger ascham, writing in the 1560s, in the course of a treatise on education, urged the reform of English poetry on classical models: “Our English tongue, in avoiding barbarous rhyming, may as well receive right quantity of syllables, and true order of versifying... as either Greek or Latin....”1 He cites as an example of right quantity of syllables (...) and true order of versifying this translation by the scholar and poet William Watson of a verse from the Odyssey: All travelers do gladly report great praise of Ulysses. For that he knew many men’s manners, and saw many cities. This does not sound much like English poetry, but if we count it out we can see that it does, more or less, follow the quantitative rules. The trouble is that the rules have little to do with English pronunciation. Vowels are long by position (followed by two consonants) regardless of how they are pronounced ; moreover, Watson makes vowels long if they are stressed (such as the a in “travelers” and “manners” and the i in “cities”), again regardless of how they are pronounced. For the Elizabethans, this was a problem not with the rules, but with English, both in its dissimilarity from the classical tongues and in the variety of spelling and pronunciation at the time—proponents of quantitative verse in English observe that a necessary first step would be to stabilize the language, as Gabriel Harvey wrote to Edmund Spenser, “there is no one more regular and justifiable direction, either for the assured and infallible certainty of our English artificial prosody particularly, or generally to bring our language into art and to arion 27.2 fall 2019 frame a grammar or rhetoric thereof, than first of all universally to agree upon one and the same orthography.”2 But even with a stable orthography, the application of quantitative rules to English is problematic. To begin with, it is not clear in what sense an English vowel can be said to be long or short—to consider the vowels in stressed syllables invariably long, as Watson does, is entirely arbitrary. There is obviously a difference between the a sound in “rat” and in “rate”; such vowels are now described as short and long, but in pronunciation, they may or may not be of equal extension : thus, the a in “rate” is not, in speaking, longer than the a in “rat,” it is simply pronounced differently; whereas the i in “rise” is certainly longer than the i in “rid.” If quantity means length, English vowels are too erratic to serve—Harvey observed to Spenser that in some quantitative hexameters Spenser had sent him, “the,” “ye” and “he” were treated as short, but “me” was long.3 The issue is especially vexed in the case of vowels that are long by position. The most common examples in English are the -ing endings of participles, which are invariably unaccented and stubbornly short when spoken. In fact, Thomas Campion confronted precisely this problem; and his way of dealing with it gives a clear sense of how willed the whole quantitative system in English necessarily was: For though we accent the second [syllable] of Trumpington short, yet is it naturally long, and so of necessity must be held of every composer.4 What can “naturally” mean here? Are the rules of Latin prosody laws of nature? Harvey had a clear sense of the practical problems, writing to Spenser, “in short, this is the very short and long: position neither maketh short nor long in our tongue,” and concludes that some other rule must be found for English “that should as universally and canonically hold amongst us as position doth with the Latins and Greeks.”5 The larger assumption behind Ascham’s and Harvey’s proposals for a new poetry was that the “barbarous” England 44 english classical of the time could be rectified by the application of classical rules. A return to the classics held out the promise of culture and civility—not only in poetry, of course, but poetry seemed a particularly clear example. Nobody thought the transformation would be easy; a hectoring... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Rhetorical Investigations: Studies in Ordinary Language Criticism, and: Ordinary Language Criticism: Literary Thinking after Cavell after WittgensteinRichard FlemingRhetorical Investigations: Studies in Ordinary Language Criticism, by Walter Jost; 368 pp. Charlottesville: University of Virginia Press, 2004, $55.00. Ordinary Language Criticism: Literary Thinking after Cavell after Wittgenstein, edited by Kenneth Dauber and Walter Jost; 353 pp. Evansville: Northwestern University Press, 2003, $29.95 paper.On the question of ordinary language criticism and (...) philosophy, "Who pleases whom?" Judging by many of the articles, essays, and books of the last decade the answer might be: almost nobody pleases anyone. Whether in appreciation or incomprehension of its importance and substance, renewed efforts at understanding, redirections of thinking, and disappointments and frustrations with the [End Page 209] subject-matter are prevalent when ordinary language is the topic of discussion. These two recent books tend to strengthen this assessment. Rhetorical Investigations is a sustained effort to "revisit" and "rethink" grammatical (conceptual) reflections on ordinary language and literature; and in so doing provide a "reinvention" of characteristics of literary theory through an extensive and detailed consideration of the work of Robert Frost. Although sometimes overreaching in its efforts (particularly when discussing logic), it imaginatively uses rhetoric and ordinary language concerns as a means of direction and focus for new, explanatory discussions in literary—philosophical analysis. Ordinary Language Criticism (part of the general series, "Rethinking Theory," edited by Gary Saul Morson) is a diverse and uneven collection of fifteen articles concerning and using ordinary language interests, several of which (R. M. Berry, Garry L. Hagberg, Richard Eldridge, Gerald L. Bruns) valuably repay the diligence needed to discover them in 350 plus pages. The text includes an editors' introduction that voices the wish to "return criticism to its grounds in the 'ordinary' or natural language we all speak" and (unsuccessfully but lustily) pronounces and explains "ordinary language criticism" as a new yet traditional area of study. ("New" in that it takes "as its point of departure" the ordinary language philosophy of Wittgenstein, and "traditional" in that "all criticism is really ordinary language criticism.") The editors further undertake in this introduction the endeavor to sketch something of a program for the book, meant to show connected promptings among the various writings, whereas the specific authors themselves settle down quickly and separately to a critical work at hand without particular references to each other. Both of these texts, like others in this field of study before, valuably raise questions and apprehensions of what use there is in talk about ordinary language. The best of such material provides provocations for thinking that are to be found nowhere else. The worst of such books and articles is that they prejudice sensible people against the study of the ordinary.Can one conceive of something to say about these two books that the authors and the current readers haven't already heard or of which they can be profitably reminded? It certainly would not be wise to presume such a grand stand. This is a large question to which only a small answer might be given here. Setting aside the perhaps undiscussable differences of what we each see of primary importance in the primary texts and how best to read them, one issue and difference of understanding, specific and plain enough to state briefly, perhaps usefully does arise. It is a lack of a clear sense of the "ordinary," its distinctiveness, its implications; and thereby a continuation of many of the confusions that have inhabited philosophical and literary writing before and after Wittgenstein turned his attention to the matter. Is this not partly why frustrations of understanding, disagreements in thinking, and displeasures in discussion remain pervasive and unrelenting?This difficulty and difference with such work can only prove worthwhile introducing, however, against a background of agreement over the centrality [End Page 210] of a cluster of issues, of which three might be specified: a first agreement concerns the sensitivity or fear that something is being missed or remains unintelligible in the culture about the ordinary; a respect for the ordinary is a needed, often unnoticed beginning of our reflections. Rhetorical Investigations importantly develops its analyses from such a perspective (Jost's... (shrink)

In the late eighteenth century a series of English authors wrote on the subject of “police.” Their aim in these works was generally to advocate structural reform of the existing institutions of civil government, particularly focused around the introduction of regularity, uniformity and subordination into their operation. These disciplinary mechanisms would act as instruments for the production of virtue, encouraging industriousness and preventing vice by reducing the temptations of the commercial, urban environment and beginning a moral reformation in (...) the people. This represents an institutional solution to the ancient problems of vice and corruption, establishing the conditions for national liberty. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Rhetorical Investigations: Studies in Ordinary Language Criticism, and: Ordinary Language Criticism: Literary Thinking after Cavell after WittgensteinRichard FlemingRhetorical Investigations: Studies in Ordinary Language Criticism, by Walter Jost; 368 pp. Charlottesville: University of Virginia Press, 2004, $55.00. Ordinary Language Criticism: Literary Thinking after Cavell after Wittgenstein, edited by Kenneth Dauber and Walter Jost; 353 pp. Evansville: Northwestern University Press, 2003, $29.95 paper.On the question of ordinary language criticism and (...) philosophy, "Who pleases whom?" Judging by many of the articles, essays, and books of the last decade the answer might be: almost nobody pleases anyone. Whether in appreciation or incomprehension of its importance and substance, renewed efforts at understanding, redirections of thinking, and disappointments and frustrations with the [End Page 209] subject-matter are prevalent when ordinary language is the topic of discussion. These two recent books tend to strengthen this assessment. Rhetorical Investigations is a sustained effort to "revisit" and "rethink" grammatical (conceptual) reflections on ordinary language and literature; and in so doing provide a "reinvention" of characteristics of literary theory through an extensive and detailed consideration of the work of Robert Frost. Although sometimes overreaching in its efforts (particularly when discussing logic), it imaginatively uses rhetoric and ordinary language concerns as a means of direction and focus for new, explanatory discussions in literary—philosophical analysis. Ordinary Language Criticism (part of the general series, "Rethinking Theory," edited by Gary Saul Morson) is a diverse and uneven collection of fifteen articles concerning and using ordinary language interests, several of which (R. M. Berry, Garry L. Hagberg, Richard Eldridge, Gerald L. Bruns) valuably repay the diligence needed to discover them in 350 plus pages. The text includes an editors' introduction that voices the wish to "return criticism to its grounds in the 'ordinary' or natural language we all speak" and (unsuccessfully but lustily) pronounces and explains "ordinary language criticism" as a new yet traditional area of study. ("New" in that it takes "as its point of departure" the ordinary language philosophy of Wittgenstein, and "traditional" in that "all criticism is really ordinary language criticism.") The editors further undertake in this introduction the endeavor to sketch something of a program for the book, meant to show connected promptings among the various writings, whereas the specific authors themselves settle down quickly and separately to a critical work at hand without particular references to each other. Both of these texts, like others in this field of study before, valuably raise questions and apprehensions of what use there is in talk about ordinary language. The best of such material provides provocations for thinking that are to be found nowhere else. The worst of such books and articles is that they prejudice sensible people against the study of the ordinary.Can one conceive of something to say about these two books that the authors and the current readers haven't already heard or of which they can be profitably reminded? It certainly would not be wise to presume such a grand stand. This is a large question to which only a small answer might be given here. Setting aside the perhaps undiscussable differences of what we each see of primary importance in the primary texts and how best to read them, one issue and difference of understanding, specific and plain enough to state briefly, perhaps usefully does arise. It is a lack of a clear sense of the "ordinary," its distinctiveness, its implications; and thereby a continuation of many of the confusions that have inhabited philosophical and literary writing before and after Wittgenstein turned his attention to the matter. Is this not partly why frustrations of understanding, disagreements in thinking, and displeasures in discussion remain pervasive and unrelenting?This difficulty and difference with such work can only prove worthwhile introducing, however, against a background of agreement over the centrality [End Page 210] of a cluster of issues, of which three might be specified: a first agreement concerns the sensitivity or fear that something is being missed or remains unintelligible in the culture about the ordinary; a respect for the ordinary is a needed, often unnoticed beginning of our reflections. Rhetorical Investigations importantly develops its analyses from such a perspective (Jost's... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Scandal of White Complicity in US Hyper-Incarceration: A Nonviolent Spirituality of White Resistance by Alex Mikulich, Laurie Cassidy, and Margaret PfeilNancy M. RourkeThe Scandal of White Complicity in US Hyper-Incarceration: A Nonviolent Spirituality of White Resistance Alex Mikulich, Laurie Cassidy, and Margaret Pfeil new york: palgrave macmillan, 2013. 203 pp. $90.00As a white American Catholic ethicist, I often envy my Protestant counterparts’ legacy of acknowledging and fighting (...) racism. Catholic moral theology lacks Protestantism’s bodies of literature, activism, and bold ecclesial statements addressing racism in the United States. (For more on this, see Bryan Massingale’s Racial Justice and the Catholic Church.) The Scandal of White Complicity in US Hyper-Incarceration demonstrates how Catholicism might approach American racism using several elements of Catholic theology.The book opens with series editor Mary Jo Iozzo’s introduction to the Content and Context in Theological Ethics series, of which this is the fifth book. A personal and reflective foreword by Sr. Helen Prejean follows. Then the book’s argument begins with a description of the United States’ practice of mass incarceration and brief discussions of what is meant by “whiteness” and “complicity.” This book employs a phenomenological understanding of race and of whiteness, taking whiteness as habitus. The literature about this approach to race and to identity is enormous, but familiarity with that literature is not necessary to follow this book’s presentation, argument, or use of the idea.Each of the book’s three authors has written a two-chapter section. Alex Mikulich’s explanation of white habitus speaks on levels of social thought and of the individual’s experience. Laurie Cassidy’s section looks at the culture of hyperincarceration and the development of the “dangerous black man” myth, and Margaret Pfeil’s section on spirituality works from the beatitudes, John of the Cross, and a wide array of other sources to describe a political spirituality of resistance for white Christians.This book would be most useful to masters-level graduate students in theological ethics or anyone preparing to begin teaching in areas of ethics related to racism or criminal justice (particularly in Catholic institutional settings). Rather than drawing exclusively on Catholic social teaching to talk about white participation in racism, these authors more satisfyingly put many Catholic traditions into action. For example, the book demonstrates careful use of the concepts of complicity, responsibility, participation, and intention; it considers specific [End Page 195] actions while maintaining focus on systems’ structures; and it uses a wide range of Catholic thinkers, including Metz, Copeland, Soelle, Gutiérrez, Carmelite Sr. Constance FitzGerald, Lonergan, Day, and John of the Cross.This book assumes and asserts that racism still exists, that whiteness exists and aims to make itself invisible, and that racism is kept alive through social structures that flow from white habitus. However, the book does not assume the reader’s agreement with any of these. Instead, the book first makes the case that these things are true and then takes next steps toward responsive practices of resistance. Rhetorically tinged homiletic shortcuts are not used to bolster this argument. For example, in similar works, the question of moral culpability for racist social structures is sometimes managed only with a discussion of how such structures distribute benefits and harms unequally. In this book, that argument is not used alone but in tandem with a careful look at the intention of one’s participation in such structures.Minor problems exist. The book would have benefited from one more round of editing to eliminate minor punctuation and writing problems, and the Catholic moral concept of “scandal” receives little systematic attention despite its presence in the title. Otherwise, the book demonstrates well what Catholic moral theology could do if applied to American white racism. Here’s hoping that this is just the beginning of more such scholarship.Nancy M. RourkeCanisius CollegeCopyright © 2015 Society of Christian Ethics... (shrink)

Most work at the intersection of law and the philosophy of action focuses on criminal responsibility. Unfortunately, this focus has been at the expense of reflecting on how the philosophy of action might help illuminate our understanding of issues in civil law. In this essay, focusing on Anglo-American jurisprudence, we examine the conditions under which a party to a legal agreement is deemed to have the capacity required to be bound by that agreement. We refer to this condition as the (...) capacity condition. We begin by showing how recent work on the metaphysics of powers might ground an account of the role of capacities in the metaphysics of intentional agency. After discussing the capacity to contract in Anglo-American jurisprudence, we show how the general ontology of capacities and agency sketched can ground and help clarify legal thinking about capacity. We argue that when we couple our understanding of capacity with relevant recent data from developmental neuropsychology, a lacuna in Anglo-American contract law becomes evident. Specifically, it appears that persons in early adulthood do not clearly satisfy the conditions requisite for them to satisfy the capacity condition. In the light of this, we sketch some potential solutions that are compatible with existing legal standards and would contribute to a more consistent application of the capacity condition in contract law. (shrink)

A sample of 703 Spanish psychologists completed an online survey containing 114 behaviors related to professional practice in different areas. The aim of the study was to learn which professional behaviors create ethical dilemmas most often for psychologists and how they respond to these issues. Findings suggest that psychologists who have actually faced a particular dilemma are less strict on judging the inappropriateness of a possible ethical transgression than those psychologists who have not experienced it. Also, four clusters can be (...) identified according to the attitude of respondents toward the dilemmas, namely ?rejection,? ?aprioristic,? ?utilitarian,? and ?no conflict.? (shrink)

By the year 2000, the management of education in England had lost much of its capacity to ensure the commitment of headteachers and teachers. As market forces engendered competition among schools, the bureaucratic monitoring of schools by agencies of government increased on the grounds that objective and comparable data about schools should be made public so that parents could express a rational choice of school. Levels of stress increased; workloads intensified. Thereafter, a series of ‘softer’ approaches emerged in order (...) to deal with this. They have coalesced around the concept of ‘leadership’, particularly distributed leadership and, more recently, emotional leadership and spiritual leadership. Distributed leadership draws on socio-cultural activity theory; emotional leadership is informed by positive psychology; spiritual leadership by eastern mysticism. Each has its advocates and its critics. At issue, however, is not so much their relative effectiveness but rather it is to relate them to the economic, cultural and political trends which have allowed them to emerge. These ‘soft’ normative leadership approaches have not supplanted a digitally-informed rational bureaucratic form in education; they are supplementing it. The theoretical stance taken falls within the field of critical theory. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Epistemology in Pracīna and Navya NyāyaJonardon GaneriEpistemology in Pracīna and Navya Nyāya. By Sukharanjan Saha. Kolkata: Jadavpur University, 2003. Pp. 166.Epistemology in Pracīna and Navya Nyāya, by Sukharanjan Saha, usefully collates ten previously published essays on Indian epistemology: two longer essays first published in 1986 and a series of more recent shorter pieces. The leading thesis of the book is that the epistemology of the older writers (...) in the tradition of Nyāya-Vaiṣesika is, in important respects, better than the "new epistemology" originating with Gaṅgeśa. Sustained attention is given to the epistemology of the Vaiśeṣika thinker Praśastapāda (ca. A.D. 660), and the first six essays all "seek to show that Praśastapāda's views are more acceptable than those of Gaṅgeśa considered from the point of view of contemporary epistemology" (p. 4). The remaining essays argue in support of a similar conclusion with regard to certain ideas found in the older Nyāya of Gautama and Vātsyāyana. The titles of the essays collected here are: (1) "Epistemology in Pracīna and Navya Nyāya"; (2) "Kindred Points in an Old Epistemology" (1986); (3) "Gaṅgeśa's Reactions to Some Gettier-like Problems" (1986); (4) "The Unestab-lished Reason in Nyāya"; (5) "The Savyabhicāra Hetvābhāsa in Nyāya and Vaiśeṣika Schools"; (6) "The Thesis of Nirvikalpaka in Nyāya and Vaiśeṣika"; (7) "Truth as Avyabhicāritatva"; (8) "A Note on the Definition of Pramā; (9) "Nyāya Theory of Predication"; (10) "The Present and Its Knowledge"; and (11) "Types of Inference in Gautama and Vātsyāyana."Whether or not one finds oneself in agreement with Saha's specific arguments, the general conception of the book seems to me to be laudable. The astonishing [End Page 120] continuity of the Indian philosophical tradition makes it all too easy to survey the history of Indian philosophy and assume that historical development runs in tandem with philosophical progression. It is tempting to think, for example, that Gaṅśa, reviewing the epistemology of the older tradition, and considering the various objections that had been brought against it by external critics like Śrīharṣa and the later Buddhists, produced a new theory that was both an improvement on and a systematization of earlier Nyāya epistemology. To succumb to this temptation would be a mistake, however, for at least two reasons. First, it might be that the discussion of the earlier thinkers was, though less sophisticated, "closer to the ground," so to speak, than that of their successors. The comparative absence of theoretical baggage may have enabled those earlier writers to remain true to the facts, even when they could not easily be explained or systematized. This does indeed seem to be the case with the sūtra texts, and it is also very noticeably the case with Praśastapāda, who exhibited, for instance in his discussion of motion, an openness to the facts rather than closure born of theoretical over-commitment.Second and relatedly, it might be that the earlier thinkers had not yet closed down the range of topics and approaches deemed worthy of philosophical discussion or exploration. Thus, again in the sūtras, we find the beginnings of discussions on an enormous array of issues and hypotheses, not all of which were subsequently picked up or extended in later theory. Saha, for example, argues that Gaṅgeśa committed the later tradition to a rigid causal theory of knowledge, and suggests further that because of this he "failed to appreciate the richness of the philosophical insight of the founders of the system of philosophy to which he owes his allegiance" (p. 69). If this is right, then a return to the earlier strata of the tradition might well lead to an enrichment of our understanding of the range of philosophical possibility. Saha's approach, then, helps to guard the modern student of Indian philosophy from mistakenly thinking that "newer is always better," just as we have learned to be on guard against the older and contrary... (shrink)

A case study of the changing geography curriculum illuminates the continuing struggles over subject knowledge at national level, and highlights more general issues about ideology and the politics of curriculum change 1991-2000. The investigation focuses on the processes and impacts of two National Curriculum Reviews and the changing policy trends and structures becoming apparent under New Labour. Three phrases of curriculum policy-making are tentatively recognised, raising questions for further research.

Purpose– This paper aims to explore human technology relations through the lens of sci-fi movies within the life cycle of the ETHICOMP conference series. Here, different perspectives on artificial intelligent agents, primarily in the shape of robots, but also including other kinds of intelligent systems, are explored. Hence, IT-ethical issues related to humans interactions with social robots and artificial intelligent agents are illustrated with reference to: Alex Proyas’ I, Robot; James Cameron’s Terminator; and the Wachowski brothers’ Matrix. All three (...) movies present robots cast in the roles of moral agents capable of doing good or evil. Steven Spielberg’s Artificial Intelligence, A.I. gives rise to a discussion of the robot seen as a moral patient and furthermore reflects on possibilities for care and trust relations between robots and humans. Andrew Stanton’s Wall-E shapes a discussion of robots as altruistic machines in the role as facilitators of a flourishing society. Steven Spielberg’s Minority Report allows for a discussion of knowledge-discovering technology and the possibility for balancing data utility and data privacy.Design/methodology/approach– Observations of themes in sci-fi movies within the life span of the ETHICOMP conference series are discussed with the purpose of illustrating ways in which science fiction reflects (science) faction. In that sense, science fiction does not express our worries for a distant future, but rather casts light over questions, which is of concern in the present time.Findings– Human technology interactions are addressed and it is shown how sci-fi films highlight philosophical questions that puzzle us today, such as which kind of relationships can and ought to be formed with robots, and whether the roles they play as social actors demand that one ought to assign moral standing to them. The paper does not present firm answers but instead pays attention to the selection and framing of questions that deserve attention.Originality/value– To relate sci-fi movies to topics raised during the past 20 years of the ETHICOMP conference series, seemed to be an appropriate way of celebrating the 20-year anniversary of the ETHICOMP conference series. (shrink)