This chapter contains sections titled: References.

Scholarship in experimental jurisprudence has reported surprising findings about various concepts of legal significance: _acting intentionally_, _causation_, _consent_, _knowledge, recklessness_, _reasonableness,_ and _law_ itself. Often, these studies examine laypeople’s ordinary concepts and draw broader conclusions about legal experts’ concepts. This Article questions such inferences, from empirical findings about ordinary concepts to conclusions about the concepts of those with legal expertise. It presents a case study concerning what it means to act _intentionally._ An experiment examines intentionality judgments (...) across four populations (N = 774): laypeople, law students, non-law students, and United States judges. Legal training affected judgments in three ways that are consistent with the acquisition of a distinctive legal concept. This case study supports the Article’s broader claim: Laypeople’s ordinary concepts are not equivalent to experts’ legal concepts. The acquisition of legal concepts is an important form of legal expertise. (shrink)

Carol Pateman has said that the public/private distinction is what feminism is all about. I tend to be sceptical about categorical pronouncements of this sort, but this book is a work of feminist political philosophy and the public/private distinction is what it is all about. It is motivated by the belief that we lack a philosophical conception of privacy suitable for a democracy; that feminism has exposed this lack; and that by combining feminist analysis with recent developments in political philosophy, (...) we can meet the philosophical and political need for a distinctively democratic conception of privacy. This book then, is an effort to sketch and defend such a conception of privacy. It aims to show that while some conceptions of privacy are inconsistent with democracy, others are not. Indeed, the book asserts, the belief that privacy can be valuable and that it can justify basic legal rights, is implicit in a democratic conception of persons as free and equal beings, and a democratic conception of politics as the self-governing, or regulating, activity of such individuals. Just as we can and should reject undemocratic conceptions of the suffrage in favour of democratic ones, so the book maintains, we can and must reject undemocratic conceptions of privacy in favour of ones that reflect the moral equality of men and women, and a commitment to democratic forms of government. Democracy is often described as government by and for the people. On such a view, democracy is a political regime which can be contrasted with monarchies or aristocracies on the one hand, or with theocracies and despotisms on the other. By contrast with the former, it is a form of government that views individuals as citizens and as equal members of the agency which authorizes the use of political power. By contrast with the latter, it is a form of government whose purposes and aims are established by the common interests of individuals, conceived as free and equal citizens. It is my contention that there is a plausible and attractive conception of privacy implicit in this view of democracy. Hence, I show that individuals have fundamental interests in privacy because privacy enables them to participate in politics freely and as the equal of others and, beyond that, to lead lives that they can each affirm to be reasonable, valuable and right. As I think that the ideal of democratic government is properly associated with this latter and broader goal, as well as with the former one, I call my account of privacy a democratic conception of privacy to signal its connection to a particular ideal of politics, and to the conception of persons that makes this ideal a convincing and inspiring one. As this is a work of political philosophy, however, no effort is made to address the legal merits of competing accounts of the right to privacy, or to resolve legal dispute about the content and justification of particular constitutional rights in the United States. Thus, while I use Supreme Court decisions and works of legal theory to illustrate and support my arguments, my use of these materials is governed by philosophical concerns and my conclusions, therefore, are strictly of a philosophical, not a legal, nature. The book is divided into four chapters, moving from feminist criticisms of privacy to an engagement with the philosophical literature on privacy and an account of the right to privacy in a democratic society. It proceeds as follows. In Chapter 1, I examine feminist concerns about privacy, through a close reading of the work of Catherine MacKinnon. I argue that MacKinnon persuasively shows that protection for privacy has frequently licensed the coercion and subjection of women, and that her arguments are supported both by feminist scholarship, key Supreme Court decisions, and by familiar conceptions of privacy and equality. However, I argue, these criticisms do not imply that privacy, like slavery, can never be democratic, because wholly inconsistent with the equality of individuals. Rather, feminist criticisms of privacy suggest that privacy, like the suffrage, can be necessary to the equality of women and can have a legitimate and important place in a democratic society. In Chapter 2, I examine the philosophical literature on privacy in light of the need to distinguish democratic from undemocratic accounts of its nature and value. This literature, I show, can help us to provide an account of privacy that is sensitive both to its inegalitarian aspects and to its importance for a democratic commitment to the freedom and equality of women. However, I argue, we cannot embrace current philosophical accounts of privacy uncritically, because to a striking extent they are, themselves, indifferent to the ways that privacy has licensed sexual inequality. Thus, in Chapter 2, I set about interpreting privacy as a moral and political value, in light of the strengths and weaknesses of the philosophical literature on privacy. Their strength is that they show that there are many reasons for caring about privacy, or many ways in which we might define it as a democratic value. Their weakness is that they tend to assume that we must choose amongst these different conceptions of privacy, in order to provide a philosophically cogent account of privacy. This, I show, is a mistake and one that can be remedied by remembering that a commitment to the equality of individuals requires us to acknowledge the reasonable differences in value and interest that may characterize their relations in a democracy. When we do so, I show, it is possible to define privacy in terms of its protection for self-definition, intimacy and confidentiality, without having to choose between the three of them. For individuals may legitimately disagree about the differences between privacy and other values, even while holding that privacy is a distinctive and important democratic good; and they may also disagree about the importance of privacy compared to other goods, such as equality, without denying that self-definition, intimacy and confidentiality can be morally and politically desirable in a democracy. In Chapter 2, therefore, I show that we can provide a philosophically adequate account of what privacy is and why it is valuable without supposing that privacy is always sexually egalitarian, or denying that it has a distinctive place in a democratic conception of value. Chapter 3 then extends this account of privacy, by considering the justification for a legal right to privacy. Just as we cannot provide a democratic conception of privacy without attending to the different, though equally valid, concerns that individuals may have so, I show, we cannot provide a democratic account of privacy rights if we forget that individuals can, quite reasonably, differ in the importance that they attach to privacy. The result, I argue, is that we can distinguish two main reasons for protecting privacy by right in a democracy, the one personal and the other political. Whereas the former emphasizes the importance of self-definition, intimacy and confidentiality to the personal freedom and equality of individuals, the latter emphasizes their importance to their prospects for voluntary and equal participation in the processes of collective choice and deliberation that define a democratic government. These two justifications of privacy rights reflect the fact that in a democracy the personal can be political, as feminists have insisted, but need not be in order to merit protection by right. Indeed, I argue, we can distinguish democratic from undemocratic accounts of the right to privacy in this way: for whilst the former acknowledge the variety of individuals’ interests in personal and collective choice, the latter either collapse the political into the personal, or assume that the legitimate claims of individuals are merely a function of collective needs, interests and values. Neither of these is consistent with familiar assumptions about the nature and justification of democratic institutions and rights, nor can they be reconciled with a commitment to sexual equality. Thus, I conclude, though the fact that there are different justifications for privacy rights in a democracy means that individuals may legitimately disagree over the content and justification of basic rights, it is wrong to confuse democratic debate with moral or conceptual confusion and so, arbitrarily, to truncate our accounts of privacy, equality and democracy. Finally, in Chapter 4, I test and develop these claims by examining the justification for abortion rights in a democracy. I argue that women have legitimate interests in abortion, as well as in bearing children, because they have fundamental, and legitimate, interests in privacy and equality. Although safe and legal abortion is necessary to sexual equality, as feminists claim, I show that we can provide a convincing and democratic account of women’s claims to abortion only if we recognize women’s interests in self-definition, intimacy and confidentiality. This is because women have both personal and political interests in abortion and we will be unable adequately to identify these if we overlook their interests in privacy. Indeed, I show, the difference between democratic and undemocratic solutions to conflict over abortion lies precisely in this: that whereas the former acknowledge the importance of privacy to the personal and political equality of women, the latter overlook or deny this. As a result, the latter license both mandated abortions, although women have legitimate interests in bearing and raising children, and prohibitions on abortion that cannot be reconciled with the freedom and equality of women. That is not to say that abortion is not a politically significant matter, or that we can resolve moral conflict over abortion simply by giving women a legal right to abortion. Neither is the case. However, the chapter shows, in a democracy individuals are entitled to make morally and politically controversial decisions for themselves not simply because this is expedient or useful, but because this is right. To overlook this feature of democracy, I argue, is to make moral and political conflict utterly intractable by democratic means. Thus, while controversy over abortion has been held to show that privacy is an incoherent and undemocratic right, this chapter argues that it shows the reverse: for controversy over abortion makes clear that privacy is essential to democracy, and why this should be so. This overview of the book, I hope, makes clear that its concerns are methodological as well as substantive, and moral as well as political. Thus, its central methodological claim is that we cannot reconcile privacy with the equality of individuals unless we make a deliberate effort to do so. Its central moral and political claims are that privacy is compatible with the equality of individuals, and sufficiently important to the latter that, in a democracy, the privacy of individuals merits legal protection by right. However, this summary of the book also exposes its limitations. Chief amongst these, I fear, is that it provides no sustained discussion of the place of property on a democratic conception of privacy, and that the latter, itself, is rather a broad preliminary sketch than a polished and detailed portrait. I regard these limits on the scope and arguments of the book as limitations, albeit ones that I hope to be able to remedy before too long.However, limited though the book clearly is, I believe that it lays out the essential components of a democratic conception of privacy and that, by analysing and synthesizing several diverse bodies of literature, it may help those who are interested in the relations between privacy, equality and democracy. (shrink)

A recent wave of empirical legal scholarship reports surprising findings about various concepts of legal significance, including the concept of acting intentionally, causation, consent, knowledge, recklessness, reasonableness, and law itself. These studies typically examine laypeople, but often draw broader conclusions about legal experts or law. Findings about laypeople’s (“ordinary”) concepts have been taken to reflect the concepts of trained legal theorists, reveal biases affecting judges’ decision-making, and clarify subtle doctrinal features. -/- This Article questions (...) the validity of such inferences, from empirical findings about ordinary concepts to conclusions about the concepts of those with legal expertise. It presents a case study concerning what it means to act intentionally. An experiment examines the judgments of four populations (N = 774): lay people, law students, non-law students, and United States judges. Legal training affected judgments in three ways, all of which suggest the acquisition of a distinctive legal concept. This case study supports the Article’s broader conclusion: empirical evidence about laypeople’s ordinary concepts does not necessarily carry straightforward legal implications. This defuses provocative empirical challenges regarding biased judging, raises new questions about the relationship between judges and juries, and provides a broader proof of principle: The acquisition of legal concepts is an under-studied but central form of legal expertise. (shrink)

This article describes law's encounter with deconstruction, and how it changed deconstruction. In the hands of lawyers, deconstruction became a set of rhetorical strategies for critiquing legal distinctions and showing their ideological character. Legal scholars used deconstructive arguments to offer normative prescriptions in ways quite different from literary critics or philosophers. Although in theory all texts and distinctions are deconstructable, legal scholars assumed that some interpretations were better than others. Legal deconstruction thus (...) became a set of repeatable rhetorical practices used for pragmatic purposes; and it revealed that these rhetorical and pragmatic features were already present in literary and philosophical deconstruction. Deconstruction's encounter with law also overturned several popular assumptions about deconstruction. First, legal deconstruction does not assert that legal texts have no meaning or that their meanings are indecipherable. Rather, it argues that texts are overflowing with meanings that point in different directions and emerge over time. Second, one deconstructs conceptual oppositions not to show that legal concepts have no boundaries, but that their boundaries are fluid and appear differently as the conceptual opposition is placed into new interpretive contexts. Legal deconstruction asserts that legal distinctions are nested oppositions - conceptual oppositions whose terms bear a relation of mutual dependence and differentiation; this complicated relationship is revealed as interpretive contexts change. Ideological drift, in which concepts change their political valence as they are repeatedly invoked at different points in history, is a special case of this phenomenon. Third, instead of asserting that legal doctrine is radically indeterminate, legal deconstruction suggests that social construction places ideological constraints on legal decisionmaking and helps produce the sense that some arguments are better than others. Finally, far from denying the existence of fundamental human values, legal deconstruction presupposes a transcendent value of justice which law attempts to express but always fails fully to articulate. (shrink)

Purpose. Based on the comparative analysis of the European and post-Soviet countries, the purpose of the article is to study one of the manifestations of gender discrimination, namely the problem of gender equality in the sphere of labor. It involves the consistent solution to the following tasks: a) to emphasize the basic principles of gender international and legal policy; b) to reflect the praxeological dimension of providing the equal social and economic opportunities for men and women at current level; (...) c) to emphasize the key criterion for ensuring the equality in socio-cultural sphere – equality in political life; d) to study the educational level of women and the possibility of self-realization in employment equal to men. Theoretical basis. The authors proceed from the standpoint that gender equality at the present stage has become a priority of legal policy and an important principle of the state of pro-European orientation. It is characterized in the legal plane, first of all, by the equality of the social roles of men and women, and the overcoming of the gender hierarchy of social ties, in which men are perceived as higher beings by their mental and physical abilities, and their activities are more significant and of priority in comparison with the activities of women. Originality. The authors have substantiated that in many economically developed countries the problem of providing a gender is still relevant, but most of the crisis problems in this area have found their legal regulation. The motivated position of the authors is that the level of education and professionalism of women cannot serve a reason for discrimination against women, which now exists in the economic and political sphere in the post-Soviet space. Conclusions. Gender stereotypes remain the priority in woman’s keeping family household, which creates significant inequalities of women and men at the labor market. Specialized regulatory acts in the field of gender declare the equality of men and women, while labor law defines a number of norms and guarantees that complicate the employment of women. In order to improve the situation we propose to implement a number of measures, such as, creation and financial support of the programs at the state level for supporting maternity, family and childhood; examination of all normative acts and concerning the issue of gender asymmetry, and especially the norms of labor law; introduction of state monitoring of employment and income of persons as to the complying with the principle of gender equality; introduction of quotas for women’s participation in political activities, in the work of the government and parliament, etc. (shrink)

This chapter considers whether legal requirements can constitute reasons for action independently of the merits of the requirement at hand. While jurisprudential opinion on this question is far from uniform, sceptical views are becoming increasingly dominant. Such views typically contend that, while the law can be indicative of pre-existing reasons, or can trigger pre-existing reasons into operation, it cannot constitute new reasons. This chapter offers support to a somewhat less sceptical position, according to which the fact that a (...) class='Hi'>legal requirement has been issued can be a reason for action, yet one that is underpinned by bedrock values which law is apt to serve. Notions discussed here include a value-based conception of reasons as facts ; a distinction between complete and incomplete reasons ; and David Enoch’s idea of triggering reason-giving. Following a discussion of criticism against the view adopted here, the chapter concludes by considering some more ‘robust’ conceptions of law’s reason-giving capacity. (shrink)

The University of Michigan conference “Where Religion, Policy, and Bioethics Meet: An Interdisciplinary Conference on Islamic Bioethics and End-of-Life Care” in April 2011 addressed the issue of brain death as the prototype for a discourse that would reflect the emergence of Islamic bioethics as a formal field of study. In considering the issue of brain death, various Muslim legal experts have raised concerns over the lack of certainty in the scientific criteria as applied to the definition and diagnosis of (...) brain death by the medical community. In contrast, the medical community at large has not required absolute certainty in its process, but has sought to eliminate doubt through cumulative diagnostic modalities and supportive scientific evidence. This has recently become a principal model, with increased interest in data analysis and evidence-based medicine with the intent to analyze and ultimately improve outcomes. Islamic law has also long employed a systematic methodology with the goal of eliminating doubt from rulings regarding the question of certainty. While ample criticism of the scientific criteria of brain death (Harvard criteria) by traditional legal sources now exists, an analysis of the legal process in assessing brain death, geared toward informing the clinician’s perspective on the issue, is lacking. In this article, we explore the role of certainty in the diagnostic modalities used to establish diagnoses of brain death in current medical practice. We further examine the Islamic jurisprudential approach vis-à-vis the concept of certainty (yaqīn). Finally, we contrast the two at times divergent philosophies and consider what each perspective may contribute to the global discourse on brain death, understanding that the interdependence that exists between the theological, juridical, ethical, and medical/scientific fields necessitates an open discussion and active collaboration between all parties. We hope that this article serves to continue the discourse that was successfully begun by this initial interdisciplinary endeavor at the University of Michigan. (shrink)

Legal scholarship emphasizes generalizing across places, time periods, and sources of law. Microcomputers can facilitate well-organized information retrieval systems, inductive statistical analysis, and prescriptive analysis working with goals to be achieved and available alternatives. Super-optimizing can help resolve legal disputes, dilemmas, and policy controversies whereby all sides, viewpoints, and ideological positions can come out ahead of their best initial expectations simultaneously. This book discusses these three important subjects by generating relevant principles based on developmental law, legal (...) policy analysis, law teaching, and the judicial process. (shrink)

A representation methodology for knowledge allowing multiple interpretations is described. It is based on the following conception of legal knowledge and its open texture. Since indeterminate, legal knowledge must be adapted to fit the circumstances of the cases to which it is applied. Whether a certain adaptation is lawful or not is measured by metaknowledge. But as this too is indeterminate, its adaptation to the case must be measured by metametaknowledge, etc. This hierarchical model of law is quite (...) well-established and may serve well as a basis for a legal knowledge system. To account for the indeterminacy of law such a system should support the construction of different arguments for and against various interpretations of legal sources. However, automatizing this reasoning fully is unsound since it would imply a restriction to arguments defending interpretations anticipated at programming time. Therefore, the system must be interactive and the user''s knowledge be furnished in a principled way. Contrary to the widespread opinion that classical logic is inadequate for representing open-textured knowledge, the framework outlined herein is given a formalization in first order logic. (shrink)

Architecture and Deconstruction Case of Peter Eisenman and Bernard Tschumi -/- Introduction Towards deconstruction in architecture Intensive relations between philosophical deconstruction and architecture, which were present in the late 1980s and early 1990s, belong to the past and therefore may be described from a greater than before distance. Within these relations three basic variations can be distinguished: the first one, in which philosophy of deconstruction deals with architectural terms but does not interfere with real architecture, the (...) second one, in which a collaboration between Jacques Derrida and a group of architects interested in his concepts is commenced, and the third one, in which completed or only designed objects or new concepts of deconstruction created by architects gain their supremacy over philosophy. The following book analyses these three possible ways, first of all with the reference to Peter Eisenman and Bernard Tschumi. -/- Peter Eisenman -/- Misreading… and Other Errors -/- The issue of relations between Peter Eisenman’s work and philosophy of deconstruction may be referred to his activity more than ten years preceding his direct collaboration with Jacques Derrida (in 1985) and organisation of the exhibition Deconstructivist Architecture at Museum of Modern Art in New York (in 1988). As soon as at the stage of designing the first houses (House I-III, 1967-1970), which almost entirely inscribed in formalistic aesthetics of Modernism, the architect analysed the problem of architecture dependence on its assumptions. All his later designs may be treated as consequence of this initial interest in relations between practice and theory, and at the same time as an introduction to manipulations later on led at the level of metaphysics of architecture. Beginning with the issue of presence, considered in comments to House VI (1972), the number of ideas having their analogies in philosophy of deconstruction increased. The text entitled The End of the Classical: The End of the Beginning, The End of the End (1984), in which Eisenman criticised questions of representation in architecture, its delusive strive for truth and comparably unattainable attempts at ultimate definition of elementary rules, should be acclaimed the breaking point. This attitude was extended by numerous strategies disturbing architecture rules defined at metaphysical level in an essay Moving Arrows, Eros, and Other Errors: an Architecture of Absence (1986). The issue of Eisenman’s passage from formalism to deconstruction has already been much discussed in the literature (Rosalind Krauss, Thomas Patin among others), still it should be mentioned that the threads similar to Derrida’s concept included in Eisenman’s writing reveal untranslatability of architecture and philosophy. -/- Choral Works or Separate tricks -/- In 1985-1986 a series of seven disputes between Jacques Derrida and Peter Eisenman took place. The pretext for them were designs concerning Parc de la Villette in Paris. The situation of many months of collaboration between a notable philosopher of the second half of the 20th c. and an architect that already had a huge theoretical oeuvre, ended up with a publication of a large volume entitled Chora L Works and it became at the same time a vast study area for historians of contemporary architecture and philosophers. Derrida’s contribution to concept works were his considerations over the idea of chôra, the properties related to this concept were about to be reflected in shapes of the park. Therefore, Chora L Works became an example of the abilities of contemporary art, both in its capability of translation from philosophical ideas to artistic forms and its resistance to tradition of representing in architecture some phenomena and values originating outside this discipline. In the final period of their collaboration both interlocutors started to polemicise with each other more decidedly, what became a separate part of their thought exchange. The exchange of letters between Derrida and Eisenman at the turn of 1989 ended up the period of their direct contacts, nevertheless, at this time precisely a large group of experts in issues of deconstruction joined the discussion and extended the revealed in the former dispute problems into more than ten years of further considerations and publications. Except for a long text by Jeffrey Kipnis, who had participated in the meetings of the philosopher and the architect, there appeared also comments of researchers of artistic theories (K. Michael Hays, Thomas Patin), philosophers (Andrew Benjamin), and even experts in Greek literature (Maria Theodorou or Ann Bergren). Following these debates a contemporary reflection on architecture has saturated with indeed numerous concepts originating in philosophy of deconstruction. -/- Architecture which imitates mute philosophy -/- The series of Jacques Derrida and Peter Eisenman meetings, which took place in the period of 1985-1987, induced many authors to make comments. Some of them (Jeffrey Kipnis, Ann Bergren, Maria Theodorou) developed the subject of chôra which was introduced to the discussion by Derrida. The problem that was about to be solved was the question of tying up the concept of chôra with architecture, including Eisenman’s architecture and the series of meetings within frames of Chora L Works project. Kipnis on this occasion paid attention to chôra and its character of anachronia which infects any being created within chôra. In other words any event has its counterpart (analogon) in another, earlier event. He demonstrated the similarity of structure of many events and statements from the times of Derrida and Eisenman’s meetings to the almost identical behaviour of figures in Plato’s dialogue Timaeus. The loss of beginning present in this phenomenon was appropriate to both features of chôra and the effects of typical analyses of philosophy of deconstruction. Bergren’s analyses focused on accentuating gender of chôra, which, according to this author, had been neglected hitherto in discussions. She collated chôra descriptions with characteristics of women in myths, early Greek epic and philosophy and she arrived at a conclusion that chôra has features of a single woman and a married one at the same time. And yet Theodorou’s studies showed that in the Homeric epics chôra is not treated as an idea but is related with single things and events. The other part of the comments (represented by Andrew Benjamin and K. Michael Hays’ utterances) concerns Eisenman’s attitude to tradition which was treated as a variety of iteration understood philosophically. Benjamin commenced his considerations at the point of closeness between a definition of tradition and a concept of chôra understood as perpetuation (placement). A problematic issue was for him Eisenman’s complex relation to tradition based on its contest and affirmation at the same time. Overcoming the simple subordination to tradition – according to Benjamin – was based on awareness of the role of repetition in culture not known before. Hays made an attempt to explain the pleasure and torment of repetition with the support of Sigmund Freud and Roland Barthes’ concepts. According to Hays repetitions are attempts of a single being to a certain primal state perceived as free of any tension. In a similar way Rosalind Krauss explained a motif of a grate present in Modernistic art and also exceptionally frequent in Eisenman’s work. -/- Annex Architecture is still writing Balzac novels. Peter Eisenman and literature -/- Architecture’s approach to writing, script or literature, present within Peter Eisenman’s work, is an exceptional phenomenon, furthermore a complex one. The article considers four possible relations. The first one relates to Eisenman’s characteristics as a person extremely gifted with the ability to wordplay, which very ‘play’ reveals skills to create architectural images. In the second approach the attention has been paid to Eisenman’s interests – in the first period of his oeuvre – in linguistic works by Noam Chomsky and his transformational-generative grammar. The third kind of relations applied to overcoming the need for autonomy of architecture (and of modernist aesthetics at the same time) and renew interests in questions of meaning in architecture. The fourth sort of relations occurred when Eisenman started to create reflections of historic or literary narrations in architecture – ‘stone stories’ and architectural fictions of their kind. -/- Bernard Tschumi -/- From perversion to deconstruction In Bernard Tschumi’s writings from the 1970s and 1980s we can find a transposition of important threads of post-structuralist ideas deriving from Georges Bataille, Roland Barthes and Jacques Derrida’s works. The analysis of the architect’s writings also shows roots in Phillippe Sollers, Michel Foucault and Denis Hollier’s works. The analysis of borrowed elements from the beginnings of Tschumi’s theoretical activity may be helpful in explaining the contents of his later writings motre inspired by philosophy of deconstruction. The set of his earliest views was inspired by Marxism, Neo Marxism and French Structuralism, mainly by the writings of Henri Levebre and Guy Debord. From the thought of Levebre Tschumi took interest for city as not only a question of urbanistics but also a political issue. From Debord’s concepts he borrowed a conviction about the role of situational violation for changes in the society structure. Some of these beliefs were preserved in his own concepts of architecture as an event. From this period derived also his will to change conservative elements of social structure not by means of political revolution but of theoretical and creative activity. Tschumi acknowledged that the effective way of the proceedings towards achieving his aims would be accepting the role of both a critical intellectualist and architecture expert who would not hide away his left-wing orientation. The speculations defined by the architect as ‘revolting analyses’ were about to characterise contradictions which tear the society apart, penetrate architecture and constitute the basis of culture. Spreading away of the conscience of false assumptions hidden away in various disciplines could have weakened cohesion of a conservative society and influence the will to change among the elites. This way the beginnings of political revolution were rooted in philosophy of architecture. In 1977 Tschumi published his text entitled The Pleasure of Architecture inspired by Roland Barthes’s The Pleasure of the Text, it also included some concepts derived from Georges Bataille and Jacques Derrida. First of all the author used Barthes’s concept which made an assumption that literary activity is pervaded by the spirit of resistance towards social rules, and Tschudi transferred this remark onto architecture. From the ideas of Bataille, acquainted via Holier’s work, he derived his belief that two concepts of space, a conceptual one (defined as Pyramid) and a sensual one (defined as Labirynth), not losing their distinct features, they join in the concept of experienced space which exceeds contradictions. The exceeding itself was defined as the basic rule of architecture and it was referred to situations in which architecture not only negates social needs, but also disavows its own tradition. Crossing the borders applies not only to political issues or permanent rules of the very discipline but also interfering with other fields (especially literature and film). The fact that architecture is associated with organising events turned Tschumi’s attention to questions of violence that result from upsetting architectural order of a given building by its users and the one hand, and on the other from forcing the users to specific acts imposed by this very order. The analysis of the concepts used by Tschumi in his early writings indicates that they are close to definitions that would occur in his reflection in the following years influenced by philosophy of deconstruction. -/- Approaching deconstruction Tschumi in his theories developed in the 1980s presumed that the current social world had undergone a deep process of decay, and the reaction against which ought to be based on ordering-up actions, and also preserving the main outline of disintegration of the whole and its elements in the state of conflict. The statements concerning the nature of the contemporary to Tschumi social relations were applied by him to the world of architecture, this led him to coming up with designing strategies that took into consideration the destabilised character of conditions in which works of architecture were created. New ways of conduct invented by Tschumi drew their inspiration from literature and research on literature, psychoanalysis, structural linguistics, structuralism and post structuralism, and eventually also deconstruction philosophy. The proposed methods were opposed by their author both to functionalism continuity trends and postmodern architecture. Tschumi’s proposals contradicted any forms of conservatism or traditionalism in political sphere as well as in reference to tendencies in architecture. They were not simple contradictions of social or architectural rules, they intrude them from the inside, weaken or escalate the already existing incongruities, they move the boundaries between the areas. Revolutionary illusions about the possibility of radical changes were replaced with strategies which completed, tainted or test former rules in the series of formal games of permutation and combination. Quite different from avant-garde formalism Tschumi’s games were not about maintaining the autonomy of a given area, but on the contrary – polluting it with other areas’ influences. Tschumi enjoyed demonstrating illusions of architecture concerning simple relations between form and function, or between form and meaning. Making use of Freud, Lacan and Foucault’s research he introduced a category of “madness” into architecture allowing an observation that the recognised norms are nothing but merely ones of many possible principles of behaviour, and their recognised status resulted from unjustified hindering innovativeness which is crucial for architecture. To reborn architecture’s capability of changing Tschumi also made use of Barthes’s discoveries concerning rules of narration and works by writers who applied in their writing knowledge on linguistics. Making a work’s author unclear by various mechanical transformations of its elements was however apparent only, and formal rigours imposed on the process of designing liberated possibilities difficult to obtain in more traditional creative action. Another mode of acting introduced by Tschumi was combining his work of elements deriving from outside architecture; joining space records with notation of motion and events accompanying architectural objects among others. These architectural and extra-architectural elements were not unified, on the contrary their heterogenous and conflictual character was stressed. This is how shock, anxiety and instability, typical for live in great metropolises, infiltrated architecture. Taking some ideas of deconstruction philosophy as a pattern Tschumi also took into critical consideration in his essays traditional in architecture oppositions between form and figuration, or theory and practice. By combining various inspirations he eventually worked out an idea of architectural event, which he understood as a series of actions contesting its own field, redefining its sources, principles and elements. An event, understood in this way, was not so much producing works as rather creating conditions of their production and at the same time designing the society different from a hierarchic one. -/- Park of deconstruction Among numerous philosophical strategies of deconstruction most frequently used was questioning the practice of strong opposition of two reasons. In many cases Bernard Tschumi’s writings just consider functioning of the conflict juxtaposition of the ideas of structure and ornament or theory and practice in history of architecture. Violation of traditional relations between terms of this kind, both old and modern, raised Jacques Derrida’s objections, when he was induced for the first time to co-operate with architects’ milieu. During this long lasting thought exchange the philosopher eventually acknowledged Bernard Tschumi’s arguments for reasoning the encroachment of architecture’s fundamental rules. Deconstruction applied in architecture was not a simple transposition or analogy of practices that had been applied by philosophy of deconstruction. We may even say that considering architectural terms became an important formula of deconstruction. Architecture understood in philosophical way became something beyond the practice and theory of its own discipline, a sort of metaphysics of both philosophy and architecture. The deliberate encroachment of simplicity of dividing architecture into theory and practice, for the first time became a clear aim for Tschumi in his drawings and texts entitled The Manhattan Transcripts. The contents of this series of works was a record of characteristic features of this New York district in such a way that not only objects were the subject of the record but also relations between objects, people and events. The record was about to take into consideration a conflict character of elements of this representation and at the same time to avoid applying to them the rule of mimetism. The record became a form of reflection over the very record by an increased control over the ways of representation. Architecture which was considered in the The Manhattan Transcripts was not directed to fulfill the needs of inhabitation or production, it was rather related with hitherto usually marginalised liminal situations: building ostentatiously big monuments, religious cult, war etc. Architecture operating in these relations focused also the attention on the included in it continuous tendency to overpass its own restrictions, the role of violence as its not recognised factor, or the meaning of excess and shock in its operation. Architecture moving from reason towards madness became even more visible in the design of Parisian Parc de la Villette, whose pavilions were defined as folies (in French it means both small park buildings and follies). The park was supposed to be on the one hand a reflection of traditional society disintegration while on the other it questioned basic rules of producing a work of architecture. The traditional rules of designing, based on ordering up, were replaced with the strategies of dysfunction and dissociation. In Tschumi’s opinion methods of this kind may be equivalent of what Derrida named différance. Instead of aiming at mergence, any diversity, plays or variations were strengthen. Tschumi’s texts, in which he explained his attitude, were completed by Derrida’s extent statement entitled Point de folie – Maintenant l’architecture. Derrida’s article is the most significant of all his statements on architecture as a form of thinking and activity. According to the philosopher, architecture should divide space (in French defined as espacement), what enables both thinking and action – it arranges the space of an event. Tschumi’s buildings, defined as folies, in an essential way destabilise any created order, and at the same time they refresh it. Derrida’s statement suggests that architecture may become both metaphor of an order merging a language or a society but also of inner forces which deconstruct and reconstruct it. Therefore architecture is at the same time a construction, a deconstruction and a reconstruction. Parc de la Villette stands out in this system with its attempt to step beyond the scheme of an easy repetition and its heading for chances of achieving more radical otherness. -/- Conclusion Destruction as construction. Paradoxes of deconstruction in architecture -/- Scepticism about persistence and common importance of fundamental values of human culture evinced in philosophers and writers’ works as early as in Greek antiquity, nevertheless it was not expressed so strongly as in the second half of the 20th century. Especially in Heidegger’s work Being and Time (although originated in 1927, still influential in all later philosophy) the following states were characterised: the state of losing the ground (Abgrund), of being out of sight (Unheimlichkeit) and of being out of dwelling (Un-zuhause-sein) – as the basis of self-confidence of conscious being there (Dasein). The entire criticism of philosophy of home and dwelling draws the inspiration from this early writing of the German philosopher, it combines crisis of basic terms of metaphysics with social conditions which are dictated by living in large metropolis. The crisis of both metaphysical foundation and home appears to be similar to the situation of weakening the relations between a man and his dwelling in extensively expanding cities. Whereas philosophy, as well as many disciplines of social sciences, have diagnosed for a long time the destabilisation of fundamental ideas of Western culture and crucial changes in the ways of dwelling, architecture itself occurred to be “the last fortress of metaphysics” (J. Derrida). Among contemporary architects, Peter Eisenman and Bernard Tschumi were the ones who engaged most decidedly in the issues of critical analysis of architecture foundation and its social role. Both the architects noticed new formulas of contemporary social and individual existence, tremendously different from the entire history, and at the same time they affirmed lack of adequacy of architecture concepts to new situations. Both Eisenman and Tschumi used to describe the existing architecture as a tool for consolidation of highly integrated and hierarchised societies, and also as a discipline extremely uncoincidental with the current character of social life based on ideas of freedom and diversity. The means to transform architecture and make a factor of further social changes out of it, was a concept that accentuated revealing the inner contradictions of this discipline, and considering them in designing strategies. Eisenman’s activity, in regard of what has just been noticed, was focused on questioning the basic rules of traditionally comprehended architecture, especially the rule of purpose. The American architect noticed that the concept of architecture as fulfilment the need of location, hides away the fact that the location has to be constantly reconsidered, and hence it is overtaken by change (dislocation). Therefore new concept of architecture propounded architectural activity to translocate the concept of location – more than before – but also to change its status perpetually. Such comprehended architecture should claim, as its main purpose, the constant revision of this purpose and create itself anew permanently. Even Eisenman’s earliest designs of houses nos. I-IV broke with such values as the sense of safety, closeness and familiarity, and just on the contrary they accentuated senses of strangeness, homelessness and loss of confidence. The contradictions within architecture noticed by Tschumi referred to combination of intellectual and sensual values in architecture, when their non-appropriation was defeated by an additional condition, namely the way of experience based on pleasure of excess, marked by insanity. The features of folly were especially visible in his designs of gardens, where the order of planning was mixed with sensual experience introduced by particular elements (both the ones created by nature, and the buildings defined as folies). Parc de la Villette designed by the French architect in Paris put in question not only the common understanding of purpose in architecture but also the ideas of order and integrity, as its plan was based on the combination of independent layers with records of grids of points, various lines and planes. The architecture that collides inadequate elements with each other was supposed to be a kind of an event with no beginning and no end. The architecture treated as an event became a form of a space weakened articulation that maintains its diversity and lack of accordance of the elements building it up. The analyses of Eisenman and Tschumi’s theoretical writings indicate how much the aims of architecture have actually changed; instead of supporting social persistence, the architecture is rather intensifying contradictions, and instead of providing people with the sense of safety, it sublimes danger. From simple acts of defamiliarisation, increasing the distance to itself and enhancing the role of theory, through discomfort, anxiety, not feeling someone at home, weirdness, excess, shock and violence, architecture reached the edge of stability and uncertainty, only to make an attempt at penetrating what is impossible and unutterable, and recording what cannot become the subject of any records. -/- . (shrink)

In a criminal trial, a judge or jury needs to reason about what happened based on the available evidence, often including statistical evidence. While a probabilistic approach is suitable for analysing the statistical evidence, a judge or jury may be more inclined to use a narrative or argumentative approach when considering the case as a whole. In this paper we propose a combination of two approaches, combining Bayesian networks with scenarios. Whereas a Bayesian network is a popular tool for analysing (...) parts of a case, constructing and understanding a network for an entire case is not straightforward. We propose an explanation method for understanding a Bayesian network in terms of scenarios. This method builds on a previously proposed construction method, which we slightly adapt with the use of scenario schemes for the purpose of explaining. The resulting structure is explained in terms of scenarios, scenario quality and evidential support. A probabilistic interpretation of scenario quality is provided using the concept of scenario schemes. Finally, the method is evaluated by means of a case study. (shrink)

Today’s food production and consumption go hand in hand with immense damages to humans and nature. Change is needed, but where to start and which direction to go? This article tries to give an interdisciplinary answer by taking recourse to a vision, that is, an ideal image of the future which is drawn upon ethical reflection and beyond the limits of actual political and economic constraints. The main purpose of this paper is to show that generating and discussing visions can (...) be a powerful process in order to regain ability to act in the face of the complex challenges of our time and that Education for Sustainable Development plays an important role to enable current and future generations to become actors of change. First, a students vision on agriculture and society in 2050 is presented, followed by a theoretical examination of visions, their potentials, limits and practical implications. Subsequently, the results of a field analysis of current innovative solutions to local agriculture are given. These include intercultural gardens and community supported agriculture. Claiming that a sustainable development can only be reached if people are not only able to envision a desirable future, but to develop small scale, locally adapted solutions as answers to challenges such as climate change, this paper then focuses on the competence oriented educational concept of ESD. Here, an approach of integrating ethics in the course of studies of agricultural sciences implemented by a student’s initiative serves as practice example. (shrink)

How evaluative are legal texts? Do legal scholars and jurists speak a more descriptive or perhaps a more evaluative language? In this paper, we present the results of a corpus study in which we examined the use of evaluative language in both the legal domain as well as public discourse. For this purpose, we created two corpora. Our legal professional corpus is based on court opinions from the U.S. Courts of Appeals. We compared this professional corpus (...) to a public corpus, which is based on blog discussions on the internet forum Reddit. While many linguistic phenomena can give insights into evaluativity, we investigated the use of a wide selection of evaluative adjectives (more specifically, thick adjectives) to gain a more comprehensive picture of the degree of evaluativity in the legal domain. Our analysis shows that legal professionals use thick terms less evaluatively than laypeople, which suggests that legal texts are less evaluative than ordinary discussions. This result, more generally, supports the philosophical idea that thick concepts may vary in their evaluative intensity. (shrink)

Although it has become commonplace to regard Marsiglio of Padua's Defensor Pacis (completed in 1324) as a quintessential work of medieval Aristotelian political theory, this view has been challenged for various reasons in recent years. Some scholarship has pointed to the superficial quality of Marsiglio's appeal to Aristotle's �authority�. Others have emphasized Marsiglio's decisive reliance on sources and doctrines which were quite at odds with his overtly Aristotelian commitments. A revealing measure of the depth of his Aristotelianism is perhaps (...) his failure to cite Aristotle's authority at all in the Defensor Minor, an abbreviated version of the Defensor Pacis composed about 1340.4 At minimum, it seems necessary to reconsider the claim (pioneered already by Albertus Pighius in the sixteenth century) that Marsiglio was �homo magis aristotelicus quam christianus�.5 Indeed, it may be true to say that the assumption of Marsiglio's fidelity to Aristotle has acted as a filter, screening out interesting or original features of his thought because they are cloaked in outwardly Aristotelian language. In this paper, I would like to test this hypothesis with reference to Marsiglio's alleged application of the basic principles of Aristotelian moral psychology (in particular, Aristotle's doctrine of hexis) within the Defensor's account of the constituent parts of the political community. In both his Ethics and his Politics, Aristotle had employed the idea of hexis (often translated as �habit�, but more properly denoting �state� or �firm disposition�) to explain the way in which moral and civil virtues come to be instilled in persons. Thus, hexis served as the foundation for his conception of ethical and political education. Marsiglio seems to use the Latin rendering of hexis, habitus, in a very similar manner. He argues that the different parts of the community, ranging from the rulers and priests to the warriors and farmers, each have a set of characteristics unique to their function. These functional properties are, he says, a result of the differing kinds of habitus which typify each part of the community. (shrink)

The aim of this study is to develop a valid and reliable measurement tool for determining students' spiritual health and life orientation. For this purpose, the Spiritual Health and Life-Orientation Measure (SHALOM) inventory developed by Fisher (2010) is adapted to Turkish. The adaptation study was carried out on 1591 high school students in three study groups studying in Ankara and Muş. The original English measure consisting of four dimensions and twenty items was translated into Turkish, factor analysis, validity and reliability (...) tests were conducted on the sampling data. As a result of the study, the Turkish-adapted inventory consists of four dimensions (personal, social, environmental and transcendental) which resemble the original inventory. In addition, internal consistency coefficients of the inventory dimensions were in perfect harmony with the original inventory and served the purpose of the scale. In Conclusion The Turkish adaptation of the SHALOM Inventory can be used in different disciplines of psychology, educational sciences, and social sciences. Summary: The concept of religion, which is an important dynamic and carrier of the social field, has gone into a double distinction since the second half of the 18th century; the concept of spirituality has begun to be refined from the concept of religion. The concepts of religion and spirituality are very difficult to define; While the concept of religion focuses ideology and rules of belief, spirituality centers on individual experiences and interrelationships that extend religion. For this reason, different spirituality and religion definitions are made from different perspectives and different spirituality scales were developed within this framework. However, the results of these studies differ significantly from each other; this means that spirituality was defined and conceptualized based on the scale that was used. Early period studies on spirituality mostly focus on religion, health, psychology and work life. In these studies, after defining the concept of spirituality; the relationship between the concept and health, religion, psychology and business life or necessity for human life is discussed. In the West, until the 1950s, the concepts of religion and spirituality were used interrelated. However, today these two concepts are almost completely separated from each other.Literature consists of numerous inventory development studies to measure spirituality. The fact that the inventory works based on different conceptual foundations makes it difficult to draw a general, meaningful and consistent conclusion about spiritual health and life orientation. Furthermore, spirituality measurements reflecting the religion and values ​​of a particular culture cannot be comprehensive or universal. At this point, Fisher criticizes the measurement tools developed for the purpose of measuring spirituality: in terms of "mixing religion and spirituality", "relying on the world of values", "not taking into account cultural differences", "and questioning only the mystical/spiritual experience". As a result, it can be said that no measurement developed in the conceptual structure of the West does not take into account the cultural flexibility and accept its spiritual values as universal or prevalent.The SHALOM inventory developed by Fisher, which adapted to the Turkish culture in present study, is based on four basic (individual, social, environmental and transcendent) areas that constitute the world of interpersonal relationship. In this study, spirituality, as in Fisher's work, emphasizes the interaction with certain concepts of different intensities that are considered as independent from religion and above religions. In this context, the concept of spirituality communicates with one's personal space, social position, nature, and transcendental power. This adaptation study will provide useful information and comments on the students' spiritual health levels. This is the most important motive behind the idea of adapting the SHALOM inventory developed by Fisher to the Turkish culture. In addition, by adapting the SHALOM inventory, which is emphasized to have cultural flexibility and adapted to different languages, a new and different measurement tool will be available to understand the nature of the concept of spirituality.This research was carried out to adapt the inventory of Spiritual Health and Life Orientation scale developed for students to Turkish culture. This inventory adaptation study was performed with the data collected from three working groups in Ankara and Muş provinces and 1591 high school students. The first study group was carried out with 414, the second study group with 788, and the third group with 389 high school students. While the data collected from 414 students were used for Exploratory Factor Analysis (AFA) analysis, data collected from 788 students were used for Confirmatory Factor Analysis (CFA). In addition, 389 students were used to determine the criterion validity of the inventory. The original language of the SHALOM inventory, which is intended to be adapted into Turkish, is English, and translation studies are conducted separately by three linguistic experts who know the grammar and semantic characteristics of both languages. After the translation studies, the scale was applied to the sampling group and AFA was performed on the sample data. The AFA results showed that a factor roof resembling the original inventory was formed. Determining factors are given appropriate names (personal, enviromental, social and transcendental) by taking into consideration the theoretical names and the dimension names in the original form of the SHALOM. The structure was confirmed by DFA, and as a result of the DFA, X2/sd (1.72) ratio and IFI (0.96) fit indicator was found to be the appropiate fit for the model tested. As a result, it is understood that the Spiritual Health and Life Orientation Inventory consists of four dimensions as in the original inventory, the internal consistency coefficients of the inventory dimensions are in harmony with the original inventory and serve the purpose of the scale. In conclusion the Turkish adaptation of the SHALOM Inventory can be used in different disciplines of psychology, educational sciences, and social sciences. Spirituality should not only be defined within the framework of Western theories, but the nature and likelihood of the spirituality predicted by Islam should be discussed. Moreover, the types and dimensions of Islamic spirituality should be determined by taking into account the cultural subjectivity of an Islamic character. In the study of spirituality, the human model which modernity presents universally should not be accepted as the only truth. It should be tried to develop human models that come from Islamic culture and history and which are specific to us and define us. This should be taken into account not only in mental health / religious studies, but also in psychology of religion in general. In addition, culture-specificity should be given importance, and the experience gained from the cultural accumulation developed by the Turkish civilization with the Islamic doctrine should lead to the studies of spirituality. In this respect, this study aims to adapt the value and spiritual orientation of a different culture to Turkish culture, but it is problematic to construct the concept with Western values. Although Western values are similar to Islamic values and principles, it is envisaged that it may be difficult to measure the concept of spirituality in practice. (shrink)

Some metaphysics are provided showing that what is commonly called ‘the physical world’ can be deconstructed into three ‘levels’: a single, unified ‘noumenal world’ on which everything supervenes; a ‘phenomenal world’ that we each privately experience through direct perception of phenomena; and a ‘collective world’ that people in any given ‘language using group’ experience through learning, using and adapting that group’s language. This deconstruction is shown to enable a clear account of qualia and of how people can hold some (...) things to be physically real even when it is clear no one can ever directly experience those things as phenomena. It is further shown to enable a single, internally consistent, largely empirically supported conceptual framework – a ‘metacosmology’ – able to encompass not only the physical world as people conceive of it for everyday purposes, and as scientists conceive of it for scientific purposes, but also people’s first person phenomenal experience of a physical world and, prospectively, the mechanisms by which such first person, conscious experiences can be generated. (shrink)

With a mass digitisation programme underway and the addition of non-print legal deposit and web archive collections, the National Library of Scotland is now both producing and collecting data at an unprecedented rate, with over 5PB of storage in the Library’s data centres. As well as the opportunities to support large scale analysis of the collections, this also presents new challenges around data management, storage, rights, formats, skills and access. Furthermore, by assuming the role of both creators and collectors, (...) libraries face broader questions about the concepts of ‘collections' and ‘heritage', and the ethical implications of collecting practices. While the ‘collections as data’ movement has encouraged cultural heritage organisations to present collections in machine-readable formats, new services, processes and tools also need to be established to enable these emerging forms of research, and new modes of working need to be established to take into account an increasing need for transparency around the creation and presentation of digital collections. This commentary explores the National Library of Scotland's new digital scholarship service, the implications of this new activity and the obstacles that libraries encounter when navigating a world of Big Data. (shrink)

Purpose: This review identifies the prominent topics in the literature pertaining to the ethical, legal, and social issues raised by research investigating personalized genomic medicine. Methods: The abstracts of 953 articles extracted from scholarly databases and published during a 5-year period were reviewed. A total of 299 articles met our research criteria and were organized thematically to assess the representation of ELSI issues for stakeholders, health specialties, journals, and empirical studies. Results: ELSI analyses were published in both scientific and (...) ethics journals. Investigational research comprised 45% of the literature reviewed and the remaining 55% comprised normative analyses. Traditional ELSI concerns dominated the discourse including discussions about disclosure of research results. In fact, there was a dramatic increase in the number of articles focused on the disclosure of research results and incidental findings to research participants. Few papers focused on particular disorders, the use of racial categories in research, international communities, or special populations. Conclusion: Considering that strategies in personalized medicine increasingly target individuals’ unique health conditions, environments, and ancestries, further analysis is needed on how ELSI scholarship can better serve the increasingly global, interdisciplinary, and diverse PGM research community. (shrink)

The world of international relations and law is constantly changing. There is a risk of the systematic undermining of international organisations and law over the next years. Feminist approaches to international law will need to adapt accordingly, to ensure that they continue to challenge inequalities, and serve as an important and critical voice in international law. This article seeks to tell the story of feminist perspectives on international law from the early 1990s till today through a discussion between three generations (...) of feminist international legal scholars: Hilary Charlesworth, who, with her colleagues, contributed to the area in the immediate post-Cold War years, Gina Heathcote, who over the past decade has published extensively on feminist perspectives on the use of force and collective security, and Emily Jones, an early career scholar working on feminist approaches to international law. The conversation, which began as a Skype discussion, considers both the ways in which feminist approaches to international law have changed over the past two decades, as well as the ways in which they have been shaped by global politics, before turning to consider the future for feminist approaches to international law. The impact of feminist approaches to international law has been considerable. However, it seems that feminist approaches still lack legitimacy and credibility in many mainstream circles, remaining on the disciplinary periphery. Charlesworth, Heathcote and Jones discuss potential ways in which to manage some of these tensions, noting both the importance of ‘speaking to ourselves’ as a creative and nurturing space, as well as the need to be seen as a more credible voice in the mainstream. They note the need, too, for further feminist work beyond the realms of sexual violence and women’s representation. While the great amount of work in this area is, indeed, foundational, having achieved many important legal and political outcomes, feminist approaches should now develop beyond these areas. Doing so will not only propel this area of scholarship in new and exciting directions, but it might help feminist scholarship gain further traction by avoiding categorisation only under the umbrella of “women’s issues” and thus ready dismissal as just another specialist area of international law in the era of fragmentation. (shrink)

Discrepancies between the Uniform Determination of Death Act (UDDA) and the adult and pediatric diagnostic guidelines for brain death (BD) (the “Guidelines”) have motivated proposals to revise the UDDA. A revision proposed by Lewis, Bonnie and Pope (the RUDDA), has received particular attention, the three novelties of which would be: (1) to specify the Guidelines as the legally recognized “medical standard,” (2) to exclude hypothalamic function from the category of “brain function,” and (3) to authorize physicians to conduct an apnea (...) test without consent and even over a proxy’s objection. One hundred seven experts in medicine, bioethics, philosophy, and law, spanning a wide variety of perspectives, have come together in agreement that while the UDDA needs revision, the RUDDA is not the way to do it. Specifically, (1) the Guidelines have a non-negligible risk of false-positive error, (2) hypothalamic function is more relevant to the organism as a whole than any brainstem reflex, and (3) the apnea test carries a risk of precipitating BD in a non-BD patient, provides no benefit to the patient, does not reliably accomplish its intended purpose, and is not even absolutely necessary for diagnosing BD according to the internal logic of the Guidelines; it should at the very least require informed consent, as do many procedures that are much more beneficial and less risky. Finally, objections to a neurologic criterion of death are not based only on religious belief or ignorance. People have a right to not have a concept of death that experts vigorously debate imposed upon them against their judgment and conscience; any revision of the UDDA should therefore contain an opt-out clause for those who accept only a circulatory-respiratory criterion. (shrink)

In recent years, the research field of the evolution of art has witnessed contributions from a wide range of disciplines across the "three cultures". In this thesis, I make both a critical review of existing explanations, and try to do elucidate the evolution of art by employing insights, methods and concepts from different disciplines. First, I critically evaluate the evidentiary criteria from standard evolutionary psychology some accounts employ to demonstrate that art qualifies as a human biological adaptation. I argue that (...) these criteria do not suffice to make that claim. Furthermore, I make the case for a cultural evolutionary approach to the arts. One commonly used evidentiary criterion for art as adaptation is the “tight fit” between artnbsp;human cognition, which is interpreted as suggesting that cognition has undergone selection to produce and appreciate art. However, disentangling cultural and genetic evolution allows formulating thenbsp;hypothesis that art has evolved culturally to match human cognition. Second, I observe that in ancient and modern hunter gatherer societies, artistic activities are virtually alwaysnbsp;with ritual. I discuss what this implies for the adaptive significance of art. Specifically, if the arts have culturally evolved in function of ritualistic purposes, their adaptive value has depended on the adaptiveness of ritual. Third, because architecture is characterized by the combination of utilitarian and aesthetic aspects, it is particularly interesting from an evolutionary perspective and therefore I devote special attention to it. Employing the cross-species comparative approach, I investigate two main purposes human architecture has in common with nonhuman animal constructions: protection andnbsp;Based on the phylogenetic approach I establish that protection may have been the primary function of building aptitudes in humannbsp;and that building was later co-opted for signaling purposes. Subsequently, I comparatively evaluate thenbsp;of signaling models in the cultural evolution of architectural aesthetics. Furthermore I combine insights from environmental psychology, niche construction and cultural evolution theory to develop the hypothesis that a function of religious monumental architecture may have been to support nbsp;or even to galvanize nbsp;social learning. Finally, I connect the account I developed to the cognitive science of religion. I complement the frequently held view that religious monumental architecture is a costly signal with the mechanism of sensory exploitation. I attempt to demonstrate that by exploiting thenbsp;response of awe in religious followers, religious monumental architecture promotes and regulates prosocial behavior and creates in them an openness to adopt supernatural beliefs. Fourth, I dealnbsp;the evolution of visual art, paying again special attention to cultural evolution andnbsp;explanatory value of sensory exploitation. I assert that the relatively late appearance of figurative art in the course of human evolution may be attributed to an increase in the number of social learning opportunities within and between human populations at that time. I support this assertion with archaeological data that indicate overall population growth and increased population densities at that time. These demographic changes, I argue, have allowed the retention and accumulation of innovations required for figurative art making. Contrary to previous accounts, I furthermore aim to show that this process doesnbsp;require figurative art to have served adaptive purposes. Employing sensory exploitation, I establish that figurative art could have evolved by exploiting pre-existing biases of evolved psychology. The dominant themes of upper Paleolithic and late stone age figurative art, animals and humans, seem to support this contention. Fifth, I present a number of experimental studies I conducted to verify whether contemporary art experts would have socially learned to resist exploitation of evolved psychology. One aspect ofrsquo;s exploitative power may be that it elicits aesthetic pleasure by pushing “pleasure buttons” that evolved for other purposes. Consequently, spectators may trade-off rewards from indulging in art and biological activities, resulting in less effort being allocated to reproduction. I contend that, while the generalnbsp; may indeed be exploited, experts, who are typically being exposed to high doses of art, may have socially learned to resist exploitation by selectively preferring art from prestigious art contexts. The latter would be in line with the claim that prestige bias may trump content biases of evolved psychology. The results of three experimental studies supportnbsp;contention. I find that laypeople's art appreciation is positively affected by a content bias for attractive faces, mediated by aesthetic pleasure, whereas experts' appreciation is positively affected by prestige and mediated by admiration for the artist. Moreover, experts confer lower appreciation to attractive compared to moderately attractive content, which is consistentnbsp;the contention that expertise and the use of prestige are associatednbsp;resistance against beautiful content that exploits evolved preferences. This research thus suggests that expertise moderates content and context biases, which may be of relevance to an ongoing debate about their relative importance as drivers of cultural evolution. In addition, this study provides a tentative but novel explanation for the fact, famously established by philosopher Arthur Danto, that beauty lost its central position in Western art during the 20th century. However my findings cannot exclude alternative explanations for the fact that art expert appreciation deviates from evolved aesthetic preferences. Further research may experimentally assess the role of prestige bias and resistance as drivers of this deviation versus other, previously suggested, potential processes. For example, preferences of experts may deviate on account of the fact that art serves as a badge of elite group membership and thus expert art appreciation as a means to distinguish oneself from the masses. Alternatively, art experts may seek intellectual challenges instead of pushing pleasure buttons. Future research may experimentally verify the respective roles of these different hypothesized mechanisms. In addition, it may be investigated how insights from sexual selection research may help elucidating the different processes at play in cultural evolution and particularly in the cultural evolution of art appreciation, given the commonalities between sexual selection and cultural selection models. (shrink)

This book is about the use of legal scholarship by judges. It discusses the possibility that legal scholarship may function as a genuine source of law in modern municipal legal systems. The book advances a number of claims, some conceptual, some empirical, some normative. The major conceptual claims are found in Chapters 2 and 3, where a general account of the notion of a source of law is provided. Roughly, sources of law are documents or (...) practices (e.g. statutes, judicial decisions, official customs) from which norms can be derived that function as sources of content-independent reasons for judges to decide legal cases one way or another. The relevant notion of content-independence is derived (with qualifications) from H.L.A. Hart's jurisprudence. Indeed, the book's analysis of the concept of a source of law relies at various points on Hartian insights about law and legal reasoning. Chapter 4 argues that legal scholarship - or, more precisely, a particular type of legal scholarship that might be described as standard or doctrinal - can be, and indeed is, used as a source of law in modern legal systems. The conclusion that legal scholarship is used as a source of law (and thus as a source of content-independent reasons for action) may come as a surprise to those who associate judicial recourse to legal scholarship with judicial activism. This association is discussed and criticized in Chapters 5 and 6. It is argued that, in spite of a relatively common opinion to the contrary, legal scholarship can be used to mitigate discretion. In fact, it is precisely because it can be used in this way that judges sometimes refer to scholarship deceptively and suggest that it limits discretion in situations in which it really does not. The concluding chapter addresses potential objections not explicitly discussed in earlier chapters.. (shrink)

Research publication and dissemination of scholarly knowledge in Higher Education Institutions (HEIs) are among the most influential roles of many academic scholars in both industrialised and developing nations, but such experience and skills are rarely taught, transferred and shared in the real world. Dealing with issues of research misconduct might be challenging as well as learning opportunities for new academics while conducting research and scholarship teaching and publication in HEIs. In this review paper, I will discuss some concepts of (...) research misconduct, highlighting some relevant ethical and legal concerns in publication. This paper concludes that continued education and support on ethical research to graduates and scholars might help to prevent research misconduct related to publications and dissemination through developing appropriate strategies in practice. (shrink)

Generally, regulation is thought of as a constant that carries with it both a formative and conservative power, a power that standardises, demarcates and forms an order, through procedures, rules and precedents. It is dominantly thought that the singularity and formalisation of structures like rules is what enables regulation to achieve its aim of identifying, apprehending, sanctioning and forestalling/pre-empting threats and crime or harm. From this point of view, regulation serves to firmly establish fixed and stable categories of what norms, (...) customs, morals and behaviours are applicable to a particular territory, society or community in a given time. These fixed categories are then transmitted onto individuals by convention, ritual and enforcement through imperatives of law (and technology) that mark certain behaviours as permissible and others as forbidden, off bounds. In this manner, regulation serves a programming (i.e., a calculable or determinable) purpose. It functions as a pro-active management or as a mastery of threats, risks, crimes and harms that affect a society and its security both in the future and in the present. Regulation for instance, will inscribe and codify what it determines to constitute crime or harm such as pornography, incitement of terrorism, extremist speech, racial hatred etc. These determined or calculated/calculable categories will then be enforced and regulated (e.g. through automated filtering) in order to ensure a preservation of public order within society. Drawing mainly from deconstruction, this article situates law and technologies within a wider ecological process of texts, speech and writing i.e., communication. In placing regulation within disseminatory and iterable processes of communication, this article complicates, destabilises and critiques the dominant position of determinability and calculability within the regulatory operations of law. (shrink)

This paper examines philosophical debates about concepts of biodiversity, making the case for conceptual pluralism. Taking a pragmatist perspective, I argue that normative concepts of biodiversity and eco-centric concepts of biodiversity can serve different purposes. The former would help stress the values of local communities, which have often been neglected by both early scientific approaches to conservation, and by policy makers prioritizing the political or economic interests of specific groups. The latter would help build local research programs independent of (...) pressures from economic or political actors. I employ a case study on environmental research on walnut forests in Kyrgyzstan in support of my argument. Against tendencies to frame different understandings of biodiversity in terms of geographical areas, I propose an interpretation drawing on the philosophy of ecology. Adherence to environmental pragmatism enables a sufficiently complex picture of developing environmental research in the area, capturing issues about scientific framings and local understandings. (shrink)

This study develops a biosemiotic framework for a descriptive phenomenology. We incorporate the set utterance-genre-lifeworld in biosemiotic theory by paralleling it with the Peircean-Uexküllean notions of sign, habit, and Umwelt (respectively). This framework for empirical semiotic studies aims to complement the concepts of affordance and scaffold, as applied in studies on learning.The paper also contributes to bridging Bakhtinian-Hallidayian-Habermasian views on utterance, genre, and lifeworld with biosemiotics. We exploit the possibility that biosemiotics offers to bring together hermeneutic and phenomenological analysis. We (...) relate these views to integrated levels in a systemic framework for communication. Signs are seen as inter-dependent construction elements in utterances. Repeated use of utterances in shifting contexts generates shared recognizable kinds of communication, or genres. ‘Life-genre’ is used in a zoo-communication context, to avoid anthropocentrism. Life-genre serves animals’ life-functions. Genres make up a systemic network of communicational resources, along with the related concepts of event, affordance, and scaffold. Utterance, genre, and lifeworld have five aspects, constituting an integrative approach to communication: form, content, act, time, and space. Semiosis and positioning are processes that connect aspects and levels. Levels, aspects, and processes make up the framework as a system.While biosemiotics supports a phenomenological notion of life-genre, in turn, this notion also contributes to the development of the former, bridging a gap between organisms’ sign experience on a micro-level and organisms’ phenomenal lifeworld/Umwelt. Comparisons of lifeworld and Umwelt reveal that, although not identical, these are sufficiently similar to be perceived as an overall macro-level for signs and communication. Starting from a construal of utterance and genre as dynamic, dialogical, and reciprocal, genre is positioned as meso-level, mediating between signs in utterances and the lifeworld/Umwelt level. We propose genres, understood as semiotic scaffoldings built through affordances, as an analytical concept to capture meso-level phenomena. Scaffolding is determined by both ongoing events and (pre-)available genres. Events are manifestations of these scaffolding processes.Identifying animal and educational communication as two particularly relevant fields for future applications, we compare key socio-semiotic concepts to the notions of sign, habit, and Umwelt. The notions affordance and scaffolding are particularly important to think of learning as continuous with adaptation.An overall aim is to broaden as well as finetune semiotic phenomenology as a platform for empirical analyses of communication. We conclude by exemplifying and summarizing how the framework facilitates this. (shrink)

To precisely define wisdom has been an ongoing task of philosophers for millennia. Investigations into the psychological dimensions of wisdom have revealed several features that make exemplary persons “wise.” Contemporary bioethicists took up this concept as they retrieved and adapted Aristotle’s intellectual virtue of phronesis for applications in medical contexts. In this article, we build on scholarship in both psychology and medical ethics by providing an account of clinical wisdom qua phronesis in the context of the practice of (...) psychoanalysis and psychodynamic psychotherapy. With the support of qualitative data, we argue that the concept of clinical wisdom in mental healthcare shares several of the key ethical dimensions offered by standard models of phronesis in medical ethics and serves as a useful, albeit overlooked, reference point for a broader development of virtue-based medical ethics. We propose that the features of clinical wisdom are pragmatic skills that include, but are not limited to, an awareness of balance, the acceptance of paradox, and a particular clinical manner that maintains a deep regard for the Other. We offer several suggestions for refining training programs and redoubling efforts to provide long-term mentorship opportunities for trainees in clinical mental healthcare in order to cultivate clinical wisdom. (shrink)

Equity in Early Modern Legal Scholarship takes the reader through the vast amount of legal writings on equity that were published in continental Europe in early modern times. The book offers the first comprehensive overview of the development of the legal concept of equity through the sixteenth and seventeenth century. During this time, equity scholarship broke with its medieval past and entered a lively debate on the nature and function of the concept. Lorenzo (...) Maniscalco links these developments to the early modern identification of equity with Aristotelian epieikeia, a conceptual shift that brought down the barrier that divided theological and legal writings on equity and led to its development as a tool for the interpretation and amendment of legal rules. (shrink)

There is a robust body of research that examines problems women with criminal‐legal system involvement face, the support they need, how they get it, from whom, and how they use it. Rarely do we pause to consider what resources such women already have, the support they give, or what those experiences teach us about how to support them. In this study, my purpose was to reflect on the phenomenon of giving as experienced by women who have few material resources (...) and whose lives have been disrupted by repeat incarcerations. I analyzed four lived experience descriptions of giving from interviews conducted in 2016–2017 with 10 women who had significant histories of criminal‐legal system involvement, unstable housing, and little or no income. Using concepts from hermeneutic phenomenology and the practice of phenomenological study described by Max Van Manen, I analyzed giving wholistically, selectively, and in detail. I discerned that the women's experience of giving was relationally structured as exchange, with both past and future aspects. In selective and detailed analysis, themes of “taking in” and “being there” and a gem or essential feature of automaticity/personhood presented themselves. Women found meaning, value, and a sense of belonging in giving to others even when they struggled to meet their own needs. The findings suggest potential directions for nursing practice, research, and advocacy, including work to recognize, build on, and remunerate women's affiliative care‐giving and support—while also putting pressure on community health and social services delivery systems to better serve those in need. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Force and Freedom: Kant’s Legal and Political PhilosophyAlyssa R. BernsteinArthur Ripstein. Force and Freedom: Kant’s Legal and Political Philosophy. Cambridge, MA-London: Harvard University Press, 2009. Pp. xiii + 399. Cloth, $49.95.This superb, exemplary account of Immanuel Kant’s legal and political philosophy is essential reading not only for Kant scholars, but also for political philosophers and philosophers of law. Lucidly reasoned and written with crystalline clarity, (...) the book is both accessible to non-specialists and a pleasure to read. Ripstein reveals the coherent, systematic structure of thought in Kant’s obscurely written Doctrine of Right, and goes beyond illumination to defense and development of Kant’s conception of equal freedom. In the course of doing all of this, he not only presents Kant in historical context, but also brings to light important differences between Kant’s views and those of other political philosophers and philosophers of law, including John Locke, John Stuart Mill, H. L. A. Hart, and Ronald Dworkin, often enriching the discussion by referring to decisions or arguments made by courts in the U.S. or elsewhere. Ripstein shows that it is unjustifiable to exclude Kant from the primary canon of political philosophy, as is typical of current English-language teaching and scholarship.State governments both tell people what to do and force them to do as they are told; they also claim rights to do these things. Yet people claim the right to be free. Can these claims be consistent? Ripstein argues that Kant shows that they can. By working out the implications of the entitlement to be independent, one’s own master, and free from domination by others, Kant develops answers to the basic questions of political philosophy, addressing state legitimacy, the rule of law, political obligation, revolution, punishment, private property, taxation, and redistribution.The book begins with an overview chapter, followed by a chapter on what Kant calls the “innate right of humanity” in one’s own person, which is the right to be independent. Topics of private right are then addressed in three chapters, with topics of public right in five subsequent chapters, building on the previous ones. A central, bridging chapter explains Kant’s account of the transition from private right to public right, thus his account of political authority, which takes the form of arguments about the state of nature, its defects, and the need for the legal and political institutions of a state. The book ends with an appendix in which Ripstein explains the relation between the Universal Principle of Right and the Categorical Imperative.The right to independence is an original right in the sense that it does not require establishment by any affirmative act, Ripstein explains. Persons capable of acquiring rights through their actions must have the capacity to act in ways that have consequences for rights and thus for others’ conduct. Therefore, any system of rights must presuppose some basic moral capacities that do not depend on antecedent acts on the part of the person exercising them, and thus must presuppose the “innate right” to one’s own person. Each person’s entitlement to independence from another’s choice is the basis of all further rights. It sets restrictions on the capacity to acquire new rights and structures the rights [End Page 531] that each person can acquire. It also imposes duties on the state and restricts the means it can use for achieving its purposes. Equal freedom, understood in terms of restrictions on coercion, governs both private right and public right.In a system of equal freedom, each person is free to use his or her own powers, individually or cooperatively, in order to pursue his or her own purposes, and each person decides what ends to pursue with his or her own means. The right to such independence is an aspect of one’s status as a person in relation to other persons; within a system of reciprocal limits on freedom, it is an entitlement that restricts the conduct of others, consistent with everyone being subject to the same restrictions. It can be violated only by others’ conduct. The sole point of a system of equal freedom is... (shrink)

Unlike one-to-one threats, terrorist threat texts constitute a form of violence and a language crime that is committed in a complex context of public intimidation, and are communicated publicly and designed strategically to force desired sociopolitical changes [19]. Contributing to law enforcement and threat assessors’ fuller understanding of the discursive nature of threat texts in terrorism context, this paper examines how language is used dialogically to communicate threats and to construct both the purpose of threatened actions and the victims. The (...) paper uses a critical discourse analytic approach and takes a set of eleven digital threat texts made by two jihadists as a case study. It draws on van Dijk’s concept of ideology [64], the law enforcement-based taxonomy of threat types as reported by Napier and Mardigian [40], van Leeuwen’s model of social actor representation and discursive construction of purpose of social actions [69], and Martin and White’s Engagement system [34]. The analysis reveals victims specified and genericised, excluded and adversary. This linguistic construction is underpinned by a dichotomous conceptualisation of the social actors’ affiliations, positions, values, cultural activities, goals, and material and symbolic resources. The threats are delivered to the victims, agents acting on their behalf (e.g. security forces) or property associated with them (e.g. oil refinery), and are of two primary types—direct, and veiled. The former are predominant and serve inter alia to augment the public-intimidation impact of terrorist discourse. Threatened violence is of goal-, means- and/or effect-oriented social purposes, which suggest a categorisation of threats based on these purposes. The analysis reveals a dialectic, refutative nature of argumentation, and a discourse pregnant with heteroglossic utterances that contract (i) to close off and disalign with state officials’ contradictory voices, and (ii) to produce tension, providing clues to terrorists’ motivations and what constitutes the heart of political violence. (shrink)

This article explores and questions traditional legal scholarship's historical presentation of the role of the accused and the relationship between the individual and the state in English criminal justice that it expresses. This perceived relationship between the individual and the state is traced through a textual and historical analysis of rules relating to questioning and to confessions. The article focuses on the ‘development’ of these rules during the 19th century when the foundations of the modern English legal (...) system were laid. The author maintains that through the conceptual categories of ‘subject’, ‘citizen’ and ‘suspect’, established legal writers have constructed the role played by the accused within an historical framework of ‘progress’. Yet when examined in the light of case law and statute from the period, that framework appears more mythical than factual as it lacks the evidential foundation to support it. (shrink)

Often, a more or less universal quality is attributed to certain legal concepts. For refugee scholars working between 1933 and 1945, the universal quality of these concepts was challenged on two fronts: first, the breaking down of the Weimar Constitution and the German Rechtsstaat under Nazi rule demonstrated the fragility of a constitutional and legal order. Moreover, the breakdown of the German Rechtsstaat was felt on a deeper conceptual level. ‘Immutable’ legal concepts turned out to be easily (...) mutated to conform to Nazi ideology. The second major challenge to the universality of concepts thus pertains to the universal characteristics of the ‘concept of a concept’ itself. In brief, what German refugee legal scholars attempted to create in the course of the 1930s and 1940s was a ‘universal’ Rechtsstaat centred around concepts and legal scholarship that would avoid the breakdown by placing it into a feasible and balanced system of legal enforcement on an international level. Thus, in their new academic context, rather than dismissing the Rechtsstaatliche function of legal concepts and the role of legal scholars, refugee scholarship ventured to enhance it. This contribution argues that the development of Hersch Lauterpacht’s concept of human rights constitutes such an enhancement. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Speaking With and Away:What the Aporia of Ineffability Has to Say for Buddhist-Christian DialogueJoseph ThometzYears ago, I entered my graduate studies with the intent of undertaking a comparative study of the Christian apophatic tradition and Indian Mahāyāna Buddhism. Shortly after enrolling in a course on Indian Buddhist philosophy, I recall a question that in spite of its apparent simplicity has since troubled me. Having been informed of my interests, (...) the instructor approached me at a coffee break and asked, "What's the point of comparing?" Feeling caught off guard by the absurdity of his question, I fumbled for a reply. Surely, it's obvious (I thought). "To understand?" I jousted with noticeable unease. He nodded, and I was left wanting. Indeed, what initially appeared as an awkward icebreaker became one of the more pressing theoretical questions that has plagued my thinking as a scholar in the Buddhist and Christian traditions as well as in the philosophy of religions: Do I compare with the hope of canonizing those very concepts and categories that I claim ostensibly to call into question? Do I seek to secure some place of conceptual stability for my home tradition amidst the sacred rhetoric of "the other"? Have I adequately assessed those implicit notions that inform my method of inquiry?1 And to what ends are texts to be drawn into conversation? Inevitably, this raises the question, is the term "compare" even appropriate?Comparative study of religious traditions must learn from the spectre of its missiological past.2 This means keeping at the forefront of scholarship questions about how "the other" is depicted, and made accessible. In an effort to gain its legitimacy in the academy, pioneers of comparative religions wrestled with reconciling the aims of this burgeoning academic field with the mission of entrenched, confessional theology.3 Among so-called liberal theologians of the nineteenth century, such as Ernst Troeltsch, Christianity represented the pinnacle of human culture amidst a backdrop of less-evolved cultures.4 (No doubt, much of German theology during that century was directly—or indirectly—influenced by Hegel's progressive view of history.)The so-called liberal shift toward inclusivism, beginning in the nineteenth century and continuing to the present, warrants critical redress whenever doctrines and [End Page 119] categories deemed sacrosanct by the speaker's tradition of identification are mapped (even inadvertently) onto "the other."5 Karl Rahner's concept of the Anonymous Christian might serve to illustrate this point.6 His extension of the Christian concept of grace for the purpose of extending salvation outside the Church, for example, says little or nothing about the beliefs of the recipients who may not have requested such "charitable" extension. A more productive line of inquiry might seek to dissemble and expose the mechanisms (epistemological, psychological, historical, theological, and so forth) that underpin inclusive approaches as well as ascertain some insight into how such conceptual extensions accommodate the grantors, rather than recipients. Put another way, is the goal of comparative study to reinterpret one's own tradition or to redefine "the other"?7 Recent "experiments" in comparative theology advocate the need to proceed in a self-conscious manner, questioning even the appropriateness of the term "comparative."8Again, does one extend or elaborate on concepts in order to secure a place of safety for one's own tradition amidst the sacred rhetoric of "the other"? Is the exchange simply an attempt at negotiating tolerance economically, politically, or legally? Viewed pragmatically, is the underpinning value one of cultural or religious self-preservation?Tolerance evokes a connotation of "putting up with," and does not necessarily imply any respect or commitment toward comprehending the religious convictions of "the other." Rather, tolerance more suitably concurs with Thomas Hobbes's redaction on the Golden Rule: "Do not that to another, which thou wouldest not have done to thy selfe."9 Embracing the value of tolerance does not necessitate the view that one must appreciate the beliefs and practices of another tradition, nor does it require an openness of being transformed by "the other."Frequently undertaken for reasons of tolerance, dialogue centers on securing ways of achieving, if not mutual respect, a right to... (shrink)

It is thought that determining which methods and techniques are used by teachers to teach concepts, which is one of the important dimensions of religious teaching, will contribute to the science of religious education and practice of religious teaching. In this context, the problematic of the study is based on the question of the methods preferred by the Religious Culture and Moral Knowledge teachers in their concept teaching activities. Therefore, the aim of the study is to try to reveal (...) the qualities of the methods preferred by the Religious Culture and Moral Knowledge teachers in the concept teaching process with a descriptive perspective. To serve this purpose, a case study was preferred as one of the qualitative research methods in the methodology of the study, and 20 Religious Culture and Moral Knowledge teachers were selected in the study group with maximum variation sampling, which is one of the purposeful sampling methods. Since the study focused on teachers' opinions, a semi-structured interview technique is used as a data collection tool, and descriptive analysis method, envisaging coding of the data according to the pre-determined themes and titles in the context of the problematic of the study, has been preferred. As a result of the study, it has been observed that teachers preferred that supporting teaching methods such as story and game, induction in line with the approach of reaching definition with students, deducting from the definition. In addition, despite the teachers' attempts to enrich the concept teaching process and increase the quality of the process, it has been found that their knowledge and skills regarding concept teaching methods and techniques were not sufficient. (shrink)

The purpose of the study is to reveal the essence of digital technologies in the municipal government system, to identify the main problems of their transformation in the territory of the subjects, and to develop directions for the mechanism of adaptation of the relationship between different management structures in the conditions of digitalization of processes. The article considers the author's vision of the development of digital technologies in the territorial aspect. In particular, the problems of technical equipment of remote territories (...) are considered, in particular, the problems of training personnel and territorial access to Internet resources are touched upon. When evaluating the legislative and regulatory acts of the Russian Federation, it is clear that digital technologies require a separate approach to solving problems of both legal and economic nature, while we focus on their relationship. It is obvious that when developing the strategic direction of digital technologies, the adapted elements require some adjustments and additions, which is currently being carried out. Such changes and additions are promoted not only through legislative and regulatory activities, but also on the basis of scientific research, which in turn develop new directions that contribute to solving problems in the development of digital technologies, not only in the management system, but also in the areas of business, professional education, training and retraining of personnel, etc. As a result, the identified problems in the resource provision of digital technologies allowed us to develop measures that specify the strategic direction. (shrink)

To precisely define wisdom has been an ongoing task of philosophers for millennia. Investigations into the psychological dimensions of wisdom have revealed several features that make exemplary persons "wise." Contemporary bioethicists took up this concept as they retrieved and adapted Aristotle's intellectual virtue of phronesis for applications in medical contexts. In this article, we build on scholarship in both psychology and medical ethics by providing an account of clinical wisdom qua phronesis in the context of the practice of (...) psychoanalysis and psychodynamic psychotherapy. With the support of qualitative data, we argue that the concept of clinical wisdom in mental healthcare shares several of the key ethical dimensions offered by standard models of phronesis in medical ethics and serves as a useful, albeit overlooked, reference point for a broader development of virtue-based medical ethics. We propose that the features of clinical wisdom are pragmatic skills that include, but are not limited to, an awareness of balance, the acceptance of paradox, and a particular clinical manner that maintains a deep regard for the other. We offer several suggestions for refining training programs and redoubling efforts to provide long-term mentorship opportunities for trainees in clinical mental healthcare in order to cultivate clinical wisdom. (shrink)

An investigation of public support for coastal adaptation options and public finance options in Florida evaluated stakeholder judgments and how they changed through a participatory engagement process. The study found that public finance mechanisms that imposed fiscal burdens on those who directly benefit from hazard reduction were rated as more acceptable than others. Significantly, visualisations and data on local economic damage and return on investment of potential adaptation options further increased acceptability ratings. The question of whether a development fee for (...) adaptation or any other public purpose supported by private funds is a legal issue that depends on a test called the rational nexus. One concern of this article is to explore options for such fees to cover adaptation to climate change. This raises issues about the potential conflict with the community-wide and intergenerational nature of long-term adaptation. We also explore the relevance of environmental attitudes using the 'new environmental paradigm' (NEP) scale and political party affiliation. Results have implications for infrastructure improvements that require public approval for financing. (shrink)

In this late modern era within which the basic values of life have been reordered (driven by globalisation, the corporate agenda and mass communication technologies), the individual has effectively been reduced to a mere abstraction. It might be argued that the rational, moral and humanistic concept of freedom has, to a great extent, been compromised by a consequent crisis within the intelligentsia. These groups, in particular the gatekeepers of a classical liberal approach to legal scholarship, are caught (...) between the twin evils of increased unreflective populism and pragmatism evident within many law schools and modern legal institutions. Although a contested term, defenders of the ‘socio-legal’ tradition, who place the humanities at the heart of legal research and education, are obliged to restate with increased determination the utility of the liberal arts and literature to the law profession and wider legal community. In a normative environment, law and narrative are inextricably linked and narrative poetry is not only invaluable to explaining the origins and location of the legal tradition, but also elicits a mode of understanding which transcends the boundaries of narrowlydefined legal hermeneutics—which often only addresses issues of an operational nature. French novelist Flaubert claimed “chaque notaire porte en soi les débris d’un poète” (Flaubert in Madame bovary (trans: Wall, G.), Penguin Classics, London, 1960: 269), paraphrased by American civil rights lawyer, Clarence Darrow, as “inside every lawyer is the wreck of a poet” (Lukas in Big trouble: a murder in a small western town sets off a struggle for the soul of America, Simon & Schuster, New York, 1997: 323). In an age of disenchantment, this paper explores the poetic form as an important medium within which to understand the nature and function of law in a society of differentiated individuals. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Human Revolution and the Adaptive Function of LiteratureJoseph CarrollIBefore the advent of purely culturalist ways of thinking in the early decades of the twentieth century, the idea of "human nature" was deeply ingrained in the literature and the humanistic social theory of the West.1 In the past three decades, ethology, sociobiology, and evolutionary psychology have succeeded in making the idea of "human nature" once again a commonplace of (...) public discourse, but the actual shape and content of human nature, even among Darwinian social scientists, remains controversial. Human nature is the product of evolution, and for Darwinians, concepts about the structure of human nature are necessarily bound up with concepts about the course of human evolution. My purpose in this essay will be to examine two chief alternatives in the current Darwinian understanding of human evolution and human nature, to advocate one of these alternatives, and to assess its implications for Darwinian literary study. One alternative can be identified with evolutionary psychology, and the other, the one I shall advocate, with evolutionary anthropology and cognitive archaeology. For the sake of economy, I shall refer to the former as the EP model and to the latter as the EACA model.In the late 1980s and early 1990s, the main theoretical controversy in Darwinian social science was that between the sociobiologists and Darwinian anthropologists, on the one side, and the evolutionary psychologists on the other. The point at issue was whether "fitness maximization" or the desire to maximize reproductive success could serve as a direct motive in human behavior. The sociobiologists tended to assume it could; the [End Page 33] evolutionary psychologists instead insisted that fitness maximization was mediated through "proximal mechanisms" such as the male desire for sex and the female desire to acquire resources from male sexual partners. In the arena of received professional opinion, the evolutionary psychologists won this debate, and evolutionary psychology is now the mainstream, establishment creed in Darwinian social science.2 Its hegemony is evidenced by a flood of popular expositions and textbooks. The majority of these expositions give little evidence that the authors are themselves alert to the speculative character of the fundamental concepts of their creed, and the chief tenets of the creed have often been reiterated in a naively uncritical way.The chief tenets of orthodox evolutionary psychology are (a) that the structure of the human mind stabilized during the Pleistocene (beginning about 1.6 million years ago); (b) that the human mind is "modular" in character—consisting of discrete bits of dedicated neural circuitry automatically activated by environmental releasers; (c) that human cognitive aptitudes and motivational structures are firmly adapted to the hunter-gatherer life-style of the Pleistocene—the "environment of evolutionary adaptedness" or EEA; and (d) that the adaptation to Pleistocene conditions carries with it, as a necessary corollary, a "mismatch" between the adapted human mind and all cultural ecologies more complex than that of hunter-gatherers. The core concept, the idea on which all the others depend, is that of the EEA:What we think of as all of human history—from, say, the rise of the Shang, Minoan, Egyptian, Indian, and Sumerian civilizations—and everything we take for granted as normal parts of life—agriculture, pastoralism, governments, police, sanitation, medical care, education, armies, transportation, and so on—are all the novel products of the last few thousand years. In contrast to this, our ancestors spent the last two million years as Pleistocene hunter-gatherers, and, of course, several hundred million years before that as one kind of forager or another. These relative spans are important because they establish which set of environments and conditions defined the adaptive problems the mind was shaped to cope with: Pleistocene conditions, rather than modern conditions.3For evolutionary psychologists, the difference between our Paleolithic ancestors and ourselves is a difference not in anatomical and neurological character but only in external "circumstances." In the EP model, the structure of the human mind at the present time and the structure [End Page 34] of the mind of, say, half a million years ago, would be the same. They would be equally the mind of the Pleistocene.The EP model of... (shrink)

What is sovereignty? Often taken for granted or seen as the ideology of European states vying for supremacy and conquest, the concept of sovereignty remains underexamined both in the history of its practices and in its aesthetic and intellectual underpinnings. Using global intellectual history as a bridge between approaches, periods, and areas, The Scaffolding of Sovereignty deploys a comparative and theoretically rich conception of sovereignty to reconsider the different schemes on which it has been based or renewed, the public (...) stages on which it is erected or destroyed, and the images and ideas on which it rests. The essays in The Scaffolding of Sovereignty reveal that sovereignty has always been supported, complemented, and enforced by a complex aesthetic and intellectual scaffolding. This collection takes a multidisciplinary approach to investigating the concept on a global scale, ranging from an account of a Manchu emperor building a mosque to a discussion of the continuing power of Lenin's corpse, from an analysis of the death of kings in classical Greek tragedy to an exploration of the imagery of "the people" in the Age of Revolutions. Across seventeen chapters that closely study specific historical regimes and conflicts, the book's contributors examine intersections of authority, power, theatricality, science and medicine, jurisdiction, rulership, human rights, scholarship, religious and popular ideas, and international legal thought that support or undermine different instances of sovereign power and its representations. (shrink)

The purpose. Explore the major ideological patterns of development of a socially philosophies of education in the context of the problems of institutionalization of knowledge about human and social development. To analyse system-integration aspect of social philosophy and education management in interaction of concepts of an instrumentalism of a pragmatism and a neopragmatism with model of «new humanism» in formation of socially valuable orientations. Methodology. Classification existing in the western philosophy of education and education of directions is spent, proceeding from (...) basic principles of philosophical school or a current, first of all considering those the purpose and means which are really involved by them in process of education, social development and socially-moral education and being based on the basic installations, the purpose expressed by that or other direction, how its supporters imagine the person, its requirement, a social role, модус behaviour which the education system and education urged to form. Scientific novelty. In conditions when against crisis of an education system of the government of the USA and the leading countries of Europe are compelled to begin its long-term reform, its theorists substantially pay attention to democratic workings out of concepts of an instrumentalism of a pragmatism/neopragmatism in modern social philosophy of education, in particular on their aspiration to introduce in process of social development, education and education idea and practical model both educational, and a social equality. Considering growing requirement of a practical embodiment of ideas of freedom, justice, aspiration to realization of the human rights proclaimed a society, supporters of the concept of «new humanism» see the main objective in blocking a way to conformism, to a manipulation behaviour of the person and to create conditions for its free self-expression, for realization by the person of a fundamental choice of acts in a concrete situation and by that to warn danger of formation of the unified form of behaviour. In it principles of «new humanism» approach with a position of «new humanism» instrumentalism and neopragmatism. Conclusions. Before social philosophy of education/education it is necessary to define a problem factors which cause achievement of its main objective, to state an estimation to moral principles and personal qualities with which actually the education/education theory connects realization of the problems, to show, why these, instead of any other principles and qualities open to the person possibility to choose in a concrete situation socially powerful both morally defensible and comprehensible line of conduct in public the relation. Statement of a question on necessity of the philosophical analysis of problems of education and education in a social context serves as an indicator of understanding philosophers, teachers of an increasing role of the human and moral factor in society development. And, at last, the aspiration to develop socially-philosophical bases of pedagogics in general and education in particular, testifies that the western and domestic philosophers, teachers, representatives of social and psychological sciences, at least, the majority of them, have realized the public importance of an education system and education, its global character. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Human Nature in Nineteenth-Century British Novels:Doing the MathJoseph Carroll, Jonathan Gottschall, John A. Johnson, and Daniel J. KrugerIThree broad ambitions animate this study. Building on research in evolutionary social science, we aimed (1) to construct a model of human nature—of motives, emotions, features of personality, and preferences in marital partners; (2) use that model to analyze some specific body of literary texts and the responses of readers to those (...) texts, and (3) produce data—information that could be quantified and could serve to test specific hypotheses about those texts.Evolutionary social science is still in the process of constructing a full and adequate model of human nature. Evolutionary social scientists know much already about how human reproductive behavior and human sociality fit into the larger pattern of human evolution. They still have much to learn, though, about the ways literature and the other arts enter into human nature. Our model of human nature draws on our knowledge of imaginative culture, integrates that knowledge with evolutionary theories of culture, and produces data that enable us to draw conclusions on an issue of broad significance for both literary study and evolutionary social science: the adaptive function of literature and the other arts.1In order to make advances in knowledge, it is necessary to choose some particular subject. Genetics is a basic science that applies to all organisms, but geneticists first got an empirical fix on their subject by focusing minutely, with Mendel, on peas, and, with Morgan, on fruit flies. In place of peas and flies, we have taken as our subject British novels of [End Page 50] the longer nineteenth century (Austen to Forster). As a literary topic, the subject is fairly broad, but our theoretical and methodological aims ultimately extend well beyond the specialist fields of British novels, the nineteenth century, British literature, narrative fiction, or even literary scholarship generally. This study is designed to engage the attention of literary scholars in all fields and also to engage the attention of social scientists. If it achieves its aims, this study would help persuade literary scholars that empirical methods offer rich opportunities for the advancement of knowledge about literature, and it would help persuade social scientists that the quantitative study of literature can shed important light on fundamental questions of human psychology and human social interaction. Our own research team combines these two prospective audiences. Two of us (Carroll and Gottschall) have been trained primarily as literary scholars, and two of us (Johnson and Kruger) primarily as social scientists.The focal point for this study is "agonistic" structure: the organization of characters into protagonists, antagonists, and minor characters. The central question in the study is this: does agonistic structure reflect evolved dispositions for forming cooperative social groups? Suppressing or muting competition within a social group enhances group solidarity and organizes the group psychologically for cooperative endeavor. Our chief hypothesis was that protagonists and good minor characters would form communities of cooperative endeavor and that antagonists would exemplify dominance behavior. If this hypothesis proved correct, the ethos reflected in the agonistic structure of the novels would replicate the egalitarian ethos of hunter-gatherers, who stigmatize and suppress status-seeking in potentially dominant individuals. If suppressing dominance in hunter-gatherers fulfills an adaptive social function, and if agonistic structure in the novels engages the same social dispositions that animate hunter-gatherers, our study would lend support to the hypothesis that literature fulfills an adaptive social function.2One of our chief working hypotheses is that when readers respond to characters in novels, they respond in much the same way, emotionally, as they respond to people in everyday life. They like or dislike them, admire them or despise them, fear them, feel sorry for them, or are amused by them. In writing fabricated accounts of human behavior, novelists select and organize their material for the purpose of generating such responses, and readers willingly cooperate with this purpose. They participate vicariously in the experiences depicted and form personal opinions about the qualities of the characters. Authors and readers [End Page 51] thus collaborate in producing a simulated experience of emotionally responsive evaluative judgment. If agonistic structure is a... (shrink)

Animals in Brazil: Economic, Legal and Ethical Perspectives presents a broad overview of the complicated role of animals in Brazilian society. Its four substantive chapters survey the landscape of animal agriculture, animal protection laws, recent animal jurisprudence, and the underlying cultural factors that have shaped the Brazilian people's relationship with and treatment of animals. Despite the book's title, there is no chapter addressing economics. However, it represents the first book in English addressing the plight of animals in Brazil and (...) makes a marked contribution to animal ethics in Latin America. At its best, it is very good, and overall, the volume is a worthwhile addition to the bookshelf of anyone interested in Brazilian animal law.The introduction by the book's editor, Carlos Naconecy, does exactly what an introduction should do: it succinctly describes the content of the chapters to follow. My quibble is that while Naconecy has excellent English and expresses himself well, the essay badly needed the editorial scrutiny of a native English speaker. The succeeding chapters each begin with an abstract, a simple but useful aid to any scholar who might not be interested in all of the issues the book covers.Chapter 1, “Food Animals in Brazil: Five Decades of Transformation,” ably describes Brazil's progression from a primarily subsistence-based agrarian culture to its full-scale embrace of industrial agriculture with all of its incumbent horrors. In just 50 years, Brazil has gone from a net importer to the world's second-largest exporter.The story of the country's transition to confinement, meat-based agriculture is all too familiar. It wrought havoc on community and family ties and overwrote traditional dietary practices, leading to widespread obesity, disease, and nutrient deficiencies. It also made indifference toward agricultural animals a new national norm. The level of cruelty that is both legal and common in Brazilian industrial agriculture would strain credulity if it weren't so similar to those of so many other countries. Indeed, the authors’ discussion of the systemic animal mistreatment, devastating environmental consequences, and accompanying cultural erosion in Brazil could easily have been cut and pasted into a chapter surveying the last 50 years in the United States.The second chapter is the strongest in the collection. “The Legal Protection of Animals in Brazil: An Overview” summarizes the country's animal-legal framework and situates it within the context of Brazil's constitutional prohibition against animal cruelty. The authors explain why the constitution offers little practical protection. Under the prevailing view, only those acts undertaken for the purpose of causing needless suffering constitute cruelty. Since much animal cruelty is ostensibly done for other reasons (food, science, etc.), the cruelty prohibition does not reach the majority of offenses.The authors next construct a syllogistic argument that the current legal classification of animals as “things” rather than beings who are the subjects of rights is logically and ethically flawed. Since cruelty involves suffering, and objects cannot suffer, and since animals suffer (otherwise animal cruelty laws would be pointless), then animals must be subjects of the law. Phrased differently, animals must be rights-holders. This leads into a compelling argument that the constitution not only supports but requires such an interpretation.“Cases and Debates in the Brazilian Animal Rights Arena” does exactly what its title suggests. It looks at recent animal-related judicial developments and situates them within a broader cultural and legal context. For example, the Supreme Court recently held that the Vaquejada, a rodeo-like event involving chasing and tackling terrified cows, was unconstitutional.Immediately following the decision, the legislature amended the constitution to classify the Vaquejada as an important cultural activity and thus protected under a different constitutional provision. The courts are currently considering whether that constitutional amendment is itself unconstitutional. We are further told about movements against foie gras and vivisection and about recent developments regarding custody disputes over domestic animal companions.The final chapter, “Factors That Influence the Brazilian Ethos Regarding Animals” is a broad discussion of the ways Brazilian history and culture have impacted attitudes toward animals. It is argued that because Brazil was the last Western country to eliminate slavery, Brazilians are more prone to treat animals like property and that the Brazilian temperament makes them more likely to be passionate than pragmatic. We also learn that a cultural reluctance to protest against social wrongs enables Brazilians to remain silent in the face of animal injustice and that the country's Catholic tradition instilled the idea that only people were made in the image of God and that animals therefore matter less. These observations strike me as overbroad and problematic. For example, millions of Brazilians have spent much of the past decade protesting government corruption, and the country has an impassioned animal advocacy movement. Furthermore, it is not clear that Brazilians necessarily treat animals differently than people from other countries with very different histories.Overall, Animals in Brazil begins the work of new scholarship in English on animals in the Brazilian context. The fact that some chapters are more informative and useful than others is an inevitable by-product of an edited volume and should not deter those interested in Brazilian animal law from reading it. The excellence of the first two chapters alone makes the book worthwhile. (shrink)

Efficient thinking is the foundation of efficient operation. The correct definition of concepts, especially the basic ones for a given field, in order to reach the truth, is a condition for the development of science and its social utility. The Petrażycki’s research methodology of law is a thoroughly modern method, as it enables effective examination of the accuracy of contemporary legal theories created after Petrażycki’s input. A model contemporary theory susceptible to an examination through the research methodology of law (...) by Petrażycki is the normative theory of legal rules and non-legal standards by Dworkin. For this purpose some falsifications will be subject, i.e. selected ad hoc among many others, two important theories of normative law theory Dworkin. The first one is the thesis classifying legal norms into two groups of norms, namely legal rules and non-legal standards. The second one is a thesis about the existence of who are capable of discovering and issuing lawful and, at the same time, fair court decisions, which are also the only ones for resolving particular court disputes. Unfortunately, owing to the seemingly cognitive research methodology of Petrażycki, both Dworkin’s deformed division of legal norms as well as Dworkin’s Hercules judges - cannot stand the test of authenticity. Due to the Petrażycki’s methodology, the legal-normative theory of Dworkin does not lose an innovative outlook on the existence of social norms, which are being discovered by judges in the jurisprudence, indifferently to the doubts over their proper classification. Moreover, Dworkin’s theory is placed between naive theories, regardless of whether they are considered realistically naive theories or nihilistically naive theories A few random reflections on the well-known work of Dworkin with the help of Petrażycki’s methodology serve to provide a new perspective on the contemporary legal normativity. (shrink)

This book proves to be an excellent guide through the labyrinth of law. Its crucial point is legal order viewed from the perspective of a situated "We". Jurisprudence appears as an implicit sort of thinking, embedded in moral, political, epistemological, and linguistic contexts. Numerous example cases lead us from everyday issues to the abysses of violence. Anyone who practices or studies law will highly profit from reading this book. One sees how law functions by being more than mere law. (...) Bernhard Waldenfels, Ruhr-University Bochum, Germany Legal Thought and Philosophy clarifies background questions in legal research projects, such as the relationship between law and justice, law and politics, law and knowledge, facts and norms, normativity and validity, constituent and constitutional power, and rule and context. It provides advanced students in law and philosophy with an account of legal thinking that combines analytical and phenomenological insights. From a conception of justice as principled political self-restraint, the book explains why there are moral reasons to separate law from morality conceptually and in what sense a legal order is positive--that is, set by authority and bound up with history. The book explores the conditions under which law may become an object of knowledge and theorising, before finally discussing how these features come together in law as rule-following by citizens, officials, judges, and legislators alike. Addressing advanced students in law and philosophy, this key book: bridges separate traditions in legal philosophy (in particular analytical philosophy and phenomenology), develops a view of law as an institution of authority from a conception of justice in the socio-political relationship between we and the others, presents a systematic account of normativity and validity, explains in what sense law is doing things with rules. (shrink)

This dissertation addresses the question of how to reconceptualize “women” in order to do a more intersectional feminism. Intersectionality—the idea that gender, race, class, sexuality, and so on operate not as separate entities but as mutually constructing phenomena—has become a gold standard in contemporary feminist scholarship. In particular, intersectionality has achieved success in showing that the old conception of women as a single, uniform concept marginalizes women and others who exist at the intersecting axes of multiple oppressions (e.g., (...) women of color, women in the global South, working-class women, and/or queer and trans people), and thus, demonstrating the need to develop a new way of conceptualizing women. However, the question of what such a new conception would be remains unanswered. Specifically, if feminist theory today is to destabilize the old notion of “women” that relegates multiply oppressed women to the margin of feminism, and yet still needs to use some notion of “women” to critically analyze how the social structure of sexist oppression operates to subordinate women and to dismantle this oppression, how should the concept “women” be reformulated? In this dissertation, I argue that we need to understand women as a concept that is open to constant redefinition, which is socio-historically situated in the actualities of oppression. This is what I refer to as the “situated redefinition” model of women, which is formulated in more detail as follows: -/- The Situated Redefinition Model of Women (SR) – The concept “women” should be always open to being redefined in a way that it could better serve political goals grounded in the actual, daily lives of the marginalized. That is, “women” should be always open to new meanings and provisional definitions that the marginalized would find more useful to achieve political goals, which grow out of their concrete experiences in the current intersecting structures of oppression. -/- My central argument is that we need to understand the concept “women” according to the situated redefinition model, in order to employ this concept for doing intersectional feminism. To support this thesis, the dissertation is divided into two main parts. By engaging with the intersectionality literature, critical race feminisms, Asian/American feminisms, and recent critiques of intersectionality, the first part of the dissertation elucidates what exactly it means for feminism to be more “intersectional.” The second part develops the situated redefinition model and articulates why this model is needed to do intersectional feminism, drawing on the social/political philosophy literature on non-ideal theory, postmodern discussions of universality, and feminist discussions of identity politics. Broadly, this dissertation seeks to shed new light on how we understand and use the concept women for feminist ends. My conceptual model offers a way for feminist scholar-activists to subvert the essentialist/exclusionary notion of “women” without abandoning altogether feminist-political deployments of the concept “women” for the purpose of ending sexist and intersecting oppressions. (shrink)

This article examines whether the concept of ‘professionalism’ as applied to the legal profession serves any useful guide as to how lawyers should act. Professionalism is defined in terms of civility for the purposes of this article and considered against the backdrop of a perceived ‘decline’ in professionalism in the legal profession. Arguably, professionalism is all too often subsumed under the heading of ethics in both common parlance and in course content in law schools where Ethics, (...) Professional Responsibility are part of the curriculum with little weight given to professionalism per se. This article reflects, in part, on the student perception as to the state of the profession garnered from their responses to an assessment task at an Australian university. The issue is ripe for further discussion given that in Australia, the Law Admissions Consultative Committee has queried whether the teaching of Ethics should be withdrawn from the core curriculum. The article queries if there is in fact a ‘decline’ in standards and civility and, if so, considers the potential to arrest this ‘decline’ by the profession, universities and students working together to revive ‘professionalism’. (shrink)

The present reflection draws upon a tradition of energetic, world-facing critical legal scholarship to interrogate the anthropos assumed by the terminology of ‘anthropocentrism’ and of the ‘Anthropocene’. The article concludes that any ethically responsible future engagement with ‘anthropocentrism’ and/or with the ‘Anthropocene’ must explicitly engage with the oppressive hierarchical structure of the anthropos itself—and should directly address its apotheosis in the corporate juridical subject that dominates the entire globalised order of the Anthropocene age.