The dormancy of American pragmatism is over. At least, this is what numerous articles and books have unequivocally stated in the decades since Richard Rorty gave up his belief in orthodox analytical epistemology and settled into his own brand of John Dewey's antifoundational epistemology. Even though Rorty's interpretation and manipulation of Dewey have been controversial, we are all the better for the revival of discourse around what pragmatism was, is, and will be. Robert Westbrook's Democratic Hope: Pragmatism and the (...) Politics of Truth (2005), a recent contribution to this revival, clearly demonstrates the value of a vibrant and robust tradition of pragmatism to American intellectual and public life. The depth of knowledge and passion for the subject matter that made Westbrook's magnum opus, John Dewey and American Democracy (1991), a landmark study are on display in this text as well. In both works, what makes... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Institute of Medicine’s Report on Non-Heart-Beating Organ TransplantationRoger Herdman (bio), Tom L. Beauchamp (bio), and John T. Potts Jr. (bio)In December 1997, the Institute of Medicine (IOM) released a report on medical and ethical issues in the procurement of non-heart-beating organ donors. This report had been requested in May 1997 by the Department of Health and Human Services (DHHS). We will here describe the genesis of the (...) IOM report, the medical and moral concerns that led the DHHS to sponsor it, the process of producing it, and its conclusions. The analyses, findings, and recommendations of the report are also reviewed, in particular the central issues that led to suggestions for policy changes.Transplantation BackgroundAs a first step, some background in the relevant aspects of organ transplantation will prove useful. For the purposes of this analysis, “transplantation” involves the transfer of cells, tissues, or solid organs from one human to another to replace the structure or function of comparable body components that, through injury or disease, are defective or of inadequate function. The IOM report deals with solid organs, primarily kidneys and livers, whose blood supply is reconnected in the organ recipient, in contrast to cells, like bone marrow, and tissues, like corneas. A variety of donor types exists for organ transplantation, each with particular medical and scientific conditions.Living donors are healthy (and usually genetically related) individuals who volunteer to provide either a whole, paired organ such as a kidney or a section of an organ such as a liver. Cadaver donors are individuals who have died and from whom a full array of organs can be taken. “Heart-beating” cadaver donors are individuals who have suffered “brain death,” that is, irreversible cessation of function of the whole brain including the brain stem; and “non-heart-beating” donors (NHBDs) are individuals who are ill or injured, but not “brain dead,” and who have suffered cardiopulmonary death, that is, irreversible cessation of cardiac and respiratory function. NHBDs can be “controlled,” which means that [End Page 83] they can be sustained by artificial life support systems until a medical and family decision is made to terminate futile life support. This can be done at a scheduled time and in a controlled manner, and organs can then be recovered for transplantation. NHBDs can also be “uncontrolled,” which means that their hearts and breathing have stopped through disease or injury at an unexpected time or in an uncontrolled manner, and they cannot be resuscitated; the organs of some individuals of this description can be recovered for transplantation. The IOM report focused on both controlled and uncontrolled NHBDs and on problems specific to them.The questions that were asked and addressed in the IOM report became current and salient beginning in 1992 with the establishment of the University of Pittsburgh “Policy for the Management of Terminally Ill Patients Who May Become Organ Donors After Death.” This policy addressed controlled NHBDs and the ethical questions raised by their use; much of the discussion was reported in the June 1993 special issue of the Kennedy Institute of Ethics Journal. Public notice and anxiety about some of these concerns were sharpened and refocused by national and local media allegations of improper treatment of donors at the Cleveland Clinic in 1997, specifically premature—i.e., antemortem—recovery of organs and administration of drugs that allegedly might hasten donor death.The DHHS Request for StudyIt is not surprising that several federal actions would be taken in response to these events. Some, such as the results of a transplantation task force, remain largely internal to DHHS at this writing. Others are public, such as the IOM study of the NHBD situation. In May 1997, the DHHS initiated contacts with the IOM with the goal of exploring federal concerns about the medical and ethical treatment of NHBDs, in particular the allegations directed at the Cleveland Clinic.The DHHS response should be understood in at least three contexts. First, living donors and uncontrolled NHBDs were essentially the only donor types in the early days of transplantation in the United States. The technologies, ethics, and social acceptance of controlling and terminating life support for... (shrink)

"Reason and faith," the encyclical the starting point and focus on that grid has a bit of basic human dignity, which raise the status of the people there are things on top of everything else, and make absolutely privileged, that is, beyond the freedom to pursue of the privilege. Hella Cleveland Meadows said: "I have tried to know myself."敎were the interpretation of this motto and there is a coincidence site lattice theory: "" You should be aware of their own, (...) "and this motto is inscribed in Carbondale non-temple frieze on the bottom of the beams. a truth of this maxim that any one person, if you want the creature, the highlights were the reason why the nature of man, you have to pursue the truth. "and that philosophy is" to understand people's there is a fundamental truth of the way. " Like two wings of faith and reason, to enhance people's contemplative truth of the spirit. "Encyclical" God distinguished from the road leading to human and human-path leading to God, but not to separate the two, because down the road and up the road to cycle between the role and complementary role. Man up the road leading to God's being responded to Aristotle in "Metaphysics," said the first sentence: "Everyone has a natural desire for knowledge", while the highest activity of this knowledge refers permit the existence of God and its main properties . For this reason, the encyclical were敎praise Greek philosophy, metaphysics because it is certainly faith is bound to open. And open to the faith or philosophy of the first tasks required to re-find it in the "explore the full significance of life and the wisdom of last rate", the second request or task is "to understand certain people have the ability to find the truth", and the first three requirements or task more emphasis on "a philosophy based on the physical is necessary.". (shrink)

John Stuart Mill (1806-1873) was a British philosopher, political economist, civil servant, and Member of Parliament.

We will next speak of Liberality. Now this is thought to be the mean state, having for its object-matter Wealth: I mean, the Liberal man is praised not in the circumstances of war, nor in those which constitute the character of perfected self-mastery, nor again in judicial decisions, but in respect of giving and receiving Wealth, chiefly the former. By the term Wealth I mean all those things whose worth is measured by money.

Loneliness in medicine is a serious problem not just for patients, for whom illness is intrinsically isolating, but also for physicians in the contemporary condition of medicine. We explore this problem by investigating the ideal physician-patient relationship, whose analogy with friendship has held enduring normative appeal. Drawing from Talbot Brewer and Nir Ben-Moshe, we argue that this appeal lies in a dynamic form of companionship incompatible with static models of friendship-like physician-patient relationships: a mutual refinement of embodied virtue that draws (...) both persons together. The ideal physician-patient relationship has a dialectical character that fosters each member's improvement of phenomenologically recognizing and embodying moral virtues. A key component of this dynamic is a commitment to the common goal of the patient's health, realized through joint interactivities and conversations over time. The physician's presence to the patient's suffering—understood best as an alienating phenomenological condition for the patient—orients and discloses possibilities for virtuous caregiving by structuring the meanings of the goals, conversations, and joint narrative constitutive of their relationship. Presence to suffering, paradoxically, is perhaps an important prerequisite for this dynamic partnership. These activities dialectically build an interpretive horizon of understanding through which moral goods and character refinement—in and for the other—may become revealed for both persons in their shared being-in-the-world. This analysis of suffering, mood, and revealing of (possible) moral goods has implications for addressing the modern problem of loneliness for patients and physicians, who are increasingly inhibited from building flourishing relationships with each other. (shrink)

At his death in 2010, the Anglo-American analytic philosopher John Haugeland left an unfinished manuscript summarizing his life-long engagement with Heidegger’s Being and Time. As illuminating as it is iconoclastic, Dasein Disclosed is not just Haugeland’s Heidegger—this sweeping reevaluation is a major contribution to philosophy in its own right.

Herbert Blumer was a key figure in what came to be identified as the Chicago School of Sociology. He invented the term ‘symbolic interactionism’ as a label for a theoretical approach that derived primarily from the work of John Dewey, George Herbert Mead and Charles Cooley. But his most influential work was methodological in character, and he is generally viewed today as a prominent critic of positivism, and of the growing dominance of quantitative method within US sociology. While (...) this picture is broadly accurate, it neglects an important strand in his methodological thinking. He was committed to the goal of a science of social life, while at the same time he was uncertain whether such a science is possible. In his Appraisal of Thomas and Znaniecki’s The Polish Peasant, he identified a serious dilemma facing this project: the problem of how a scientific approach can be made compatible with the distinctive nature of human social life. In the first chapter of his most influential book, Symbolic Interactionism, he advocates a naturalistic approach to case study, and seems to treat this as avoiding the dilemma. However, there is evidence to suggest that, even towards the end of his life, he regarded the problem as still unresolved. In this article, I examine both sides of Blumer’s dilemma, and whether his attitude towards it changed. However, my interest here is not only historiographical. I evaluate Blumer’s arguments and show that his intellectual struggle with this issue remains relevant today, despite the shifts that have taken place in social science methodology and the philosophy of science since his death. (shrink)

Many real-world agents recognise that they impose harms by choosing to emit carbon, e.g., by flying. Yet many do so anyway, and then attempt to make things right by offsetting those harms. Such offsetters typically believe that, by offsetting, they change the deontic status of their behaviour, making an otherwise impermissible action permissible. Do they succeed in practice? Some philosophers have argued that they do, since their offsets appear to reverse the adverse effects of their emissions. But we show that (...) they do not. In practice, standard carbon offsetting does not reverse the harms of the original action, nor does it even benefit the same group as was harmed. Standard moral theories hence deny that such offsetting succeeds. Indeed, we show that any moral theory that allows offsetting in this setting faces a dilemma between allowing any wrong to be offset, no matter how grievous, and recognising an implausibly sharp discontinuity between offsettable actions and non-offsettable actions. The most plausible response is to accept that carbon offsetting fails to right our climate wrongs. (shrink)

My critics in this symposium illustrate one principle and three fallacies of disability studies. The principle, which we all share, is that all persons are equal and none are less equal than others. No disability, however slight, nor however severe, implies lesser moral, political or ethical status, worth or value. This is a version of the principle of equality. The three fallacies exhibited by some or all of my critics are the following: Choosing to repair damage or dysfunction or to (...) enhance function, implies either that the previous state is intolerable or that the person in that state is of lesser value or indicates that the individual in that state has a life that is not worthwhile or not thoroughly worth living. None of these implications hold. Exercising choice in reproduction with the aim of producing children who will be either less damaged or diseased, or more healthy, or who will have enhanced capacities, violates the principle or equality. It does not. Disability or impairment must be defined relative either to normalcy, “normal species functioning”, or “species typical functioning”. It is not necessarily so defined. (shrink)

Remembering seems, to philosophers and scientists, one of the most mystifying of human activities. Yet natural language users have no problem understanding what is meant by ‘memory’. Memory is simply the ability to recall personally experienced events and certain kinds of information such as facts, names, or faces; or how to perform certain actions, like riding a bike or playing chess. It is on this basis that people sometimes make claims about themselves or others having a good or bad memory, (...) especially for things like names, numbers, or faces. Why then is memory such a mystery? Because, firstly, of its diversity: memory enables us to perform a plethora of different tasks, including the continuous interpretation of every moment of consciousness. Secondly, different forms of memory have different standards of accuracy, and often dramatically different criteria for success. (shrink)

This paper discusses the role of consent in decision making generally and its role in end of life decisions in particular. It outlines a conception of autonomy which explains and justifies the role of consent in decision making and criticises some misapplications of the idea of consent, particular the role of fictitious or “proxy” consents.Where the inevitable outcome of a decision must be that a human individual will die and where that individual is a person who can consent, then that (...) decision is ethical if and only if the individual consents. In very rare and extreme cases such a decision will be ethical in the absence of consent where it would be massively cruel not to end life in order to prevent suffering which is in no other way preventable.Where, however, the human individual is not a person, as is the case with abortion, the death of infants like Mary , or in the very rare and extreme cases of those who have ceased to be persons like Tony Bland, such decisions are governed by the ethics of ending the lives of non-persons. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:102 HISTORY OF PHILOSOPHY and removal of the social self, through the devaluation of values and de-culturation, to the objectivizatlonof the ego, the state of oneness and unity with all. The remaining sections of the book give an analysis of Rumi, the universal man of the Eas~, and an analysis of Goethe, the universal man of the West. The Rumi chapter contains impressive translations of RumPs poems and the (...) Goethe study offers a very pertinent critique of K. R. Eissler's psychoanalytic interpretation of the great man. Added is a case history of a young man who lived in two cultures, and after many errors and meanderings obtained full integration. The final section offers an application of the transcultural state to health, social change and leadership. A most rewarding and challenging work, marred only by an incredible number of typographical errors and a sometimes uneven English due to misunderstandings of the Dutch printers. Hg~RY WALTESBRANN Washington, D. C. Natural Law and Modern Society. Essays by John Cogley, Robert M. Hutchins, John Courtney Murray, SJ., Scott Buchanan, Philip Selznick, Harvey Wheeler, and Robert Gordis. (Cleveland and New York: The World Publishing Company, 1966. Pp. 285. Meridian Books. $1.75.) This group of essays has been discussed from time to time at the Center for the Study of Democratic Institutions in Santa Barbara, California. The essays provide an excellent survey of the various contexts in which the idea of natural law is functioning today: in jurisprudence, political theory, sciences, religions, and philosophies of culture. Though the emphasis is on "modem society," there is a large amount of history in this collection, going back to the ancients, and one of the most valuable features of the analysis is the evidence here offered that "natural law" has meant and still means many different things, and that this flexibility of meaning gives the idea an enduring vitality and relevance. This is the particular theme of Scott Buchanan's "Natural Law and Teleology", which chapter reviews almost the whole history of philosophy to show how the content of natural law has varied for teleological reasons. Since it is impossible to review this whole story, it seems simplest and least distorting to quote a series of passages from the essays so that the reader can estimate the range of subject-matter and the kind of observations in the volume : The natural lawyer who lacks a sense of history, a factual sense, is as seriously deficient as the one who has been victimmed by the historical setting of his own time. Social scientists are concerned with digging up and evaluating exactly the kind of factual material the conscientious natural lawyer needs (Cogley, pp. 24, 26). We are free, with the deference that is due previous laborers in the vineyard, to work out the ~pplication of the principles of natural law to the conditions of our own time. The ends of uman life are heldto be unchanging; the search for the best way of achieving them is continuous and adapted to changing conditions and new knowledge. The search for a revival of natural law--not necessarily, or even principally pitched in Thomistic terms but projected more generally on a ~us gent~um, pluralistic basis--may well be the dominant theme of American legal philosophy over the second half of the century (Hutchins, pp. 34, 37, 46). Plato saw an epitome of the legal and political crisis of the city-state in the trial and death of Socrates.... The sophists are operators in opinion and power.... Plato sets out to find the truth in science and the good of the state.... There is no doctrinal answer to the quest.... The Dialogues practice what they preach, a relentless dialectical exposure of ideas masquerading in dogmas and opinions.... The endless mutual persuasions in any community could result in good laws if the formal processes of government provided insights for the citizens and magistrates alike.... Neither Plato nor Aristotle commonly uses the phrase 'natural law'.... For the Stoics what Plato had described as the "community of ideas," which was only the notion of the interpenetration of BOOK REVIEWS 103 mutual implication of ideas, became the Logos, the perhaps infinite total of... (shrink)

There are already many excellent books on existentialism. Some of them deal with particular problem or particular existentialist writers. Most of those that deal with existentialism as a whole divide their subject-matter according to authors, presenting chapters on Kierkegaard, Heidegger, Sartre, and the rest. Thus I think that there is room for the present book, which attempts a comprehensive examination and evaluation of existentialism, but does so by thematic treatment. That is to say, each chapter deals with a major theme (...) of existentialist philosophy, and these themes are arranged in the order of the existential dialect. Of course, each chapter is illustrated with material from the writings of existentialists, from Kierkegaard to Camus. (shrink)

Cadaver organs should be automatically availableThe shortage of donor organs and tissue for transplantation constitutes an acute emergency which demands radical rethinking of our policies and radical measures. While estimates vary and are difficult to arrive at there is no doubt that the donor organ shortage costs literally hundreds of thousands of lives every year. “In the world as a whole there are an estimated 700 000 patients on dialysis . . .. In India alone 100 000 new patients present (...) with kidney failure each year” . Almost “three million Americans suffer from congestive heart failure . . . deaths related to this condition are estimated at 250 000 each year . . . 27 000 patients die annually from liver disease . . .. In Western Europe as a whole 40 000 patients await a kidney but only . . . 10 000 kidneys”1 become available. Nobody knows how many people fail to make it onto the waiting lists and fail to register in the statistics. “As of 24th November 2002 in the United Kingdom 667 people have donated organs, 2055 people have received transplants, and 5615 people are still awaiting transplants.”2Conscious of the terrible and unnecessary tragedy that figures like these represent I have been advocating for more than 20 years now some radical measures to stem this appalling waste of human life. The measure which is the subject of Hamer and Rivlin’s paper 3 concerns the automatic availability of all cadaver organs—a measure, which I first advocated publicly in 1983.4THE AUTOMATIC AVAILABILITY OF DONOR ORGANSWe need to begin by being clear about just what it is I propose and why. At the moment in the United Kingdom we …. (shrink)

Analysing film. Distinguishing the filmic contribution to meaning -- Examples of filmic "textual organisation" -- Redrawing boundaries -- Organisation of the book -- Semiotics and documents. Semiotics and its relations to film -- The nature of discourse semantics -- The film as cinematographic document -- A combined view: filmic documents for filmic discourse -- Constructing the semiotic mode of film. Semiotic multimodality -- The internal organisation of semiotic strata -- Composing and combining semiotic modes -- Materiality and "epistemological commitment" -- (...) Christian Metz and the grande syntagmatique of the image track. The original model -- Two examples of analysis with the grande syntagmatique -- Revisions and rebuttals -- Foundations for analysis: filmic units. The basic units of film: preliminaries -- Audiovisual iconic representations -- Perception, perceptual realism and reliable measurement -- Multiplicity: from perception to discourse -- Filmic units revisited: discourse-motivated definitions -- The paradigmatic organisation of film. Beyond Metz: towards a grande paradigmatique -- Capturing discourse dependency structures in film -- The paradigmatic dimensions of projection, taxis and plane -- Two examples of paradigmatic analysis -- Summary and conclusions. (shrink)

Including three of his most famous and important essays,Utilitarianism, On Liberty, and Essay onBentham, along with formative selections from Jeremy Benthamand John Austin, this volume provides a uniquely perspicuous viewof Mill's ethical and political thought. Contains Mill's most famous and influential works,Utilitarianism and On Liberty as well as hisimportant Essay on Bentham. Uses the 1871 edition of Utilitarianism, the last to bepublished in Mill's lifetime. Includes selections from Bentham and John Austin, the twothinkers who most influenced Mill. Introduction (...) written by Mary Warnock, a highly respected figurein 20th-century ethics in her own right. Provides an extensive, up-to-date bibliography with the bestscholarship on Mill, Bentham and Utilitarianism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Bioethics ConsultationPat Milmoe McCarrick (bio)(John La Puma, M.D., from the Department of Medicine at Lutheran General Hospital in Chicago, contacted the National Reference Center for Bioethics Literature and suggested bioethics consultation as a topic for the Scope Note Series. He provided an extensive list of citations about ethics consultations collected by him and by David Schiedermayer, M.D., for their new book Ethics Consultation: A Practical Guide.)In Ethics Consultation (...) in Health Care, editors John Fletcher, Norman Quist, and Albert R. Jonsen (I, 1989) define ethics consultation as "the provision of specialized help in identifying, analyzing, and resolving ethical problems that arise in clinical care. In medical ethics the area of consultation has grown rapidly since 1978 when Edmund D. Pellegrino (II, 1978) noted, "we cannot separate technical-moral decisions from the philosophic principles we use to justify them. Medicine and ethics must be engaged with each other at every level."In 1980 Albert Jonsen raised the question of whether an ethicist could be a consultant and said that the ethicist as consultant is a casuist, one whose moral reasoning is based on a system of reasoning that is applied to particular cases. He describes historical casuistry in Western culture, comparing it to modern moral philosophy, and suggests that a "new casuistry seems timely" for ethics consultation (II, Jonsen 1980). By 1984 ethicist Ruth Purtilo recorded her thoughts following an ethics consultation. She raised questions about the ethicist's place on a hospital staff and how to make that role appropriate and beneficial to all concerned, saying that "the ethicist retreats after the consultation; under no circumstances would the outcome of an ethics consultation be that the ethicist became the primary care giver or assumed ongoing responsibility for the clinical management of a case" (II, Purtilo 1984). Nevertheless, in 1992 two physician-ethicists who had been called as ethics consultants for a patient who had requested that he be removed from his ventilator reported that they became the persons who turned off the ventilator and administered the drugs that eased his dying (II, Edwards and Tolle 1992).In recognition of the growing number of persons identifying themselves as [End Page 433] consultants, the Society for Bioethics Consultation was founded in October 1985 as a professional society of persons engaged in bioethics consultation. It encourages and supports consultation, assists in establishing clinical education programs, and raises funds for consultation education. Although the Society has no permanent office, the president (currently, George Kanoti in the Cleveland Clinic Foundation's Bioethics Department) conducts its work and plans an annual meeting.The Joint Commission on the Accreditation of Healthcare Organizations (JCAHO) established new criteria concerning ethics in its 1992 Manual (III, JCAHO 1992) and in a special issue of QRB devoted to ethics consultation (I, Defining Quality 1992). These publications undoubtedly have contributed to the increased use of experts in medical ethics. The Manual notes that all organizations seeking accreditation should have some sort of "mechanism for the consideration of ethical issues arising in the care of patients and to provide education to care givers and patients on ethical issues in health care." A health care institution's eligibility for JCAHO accreditation, which is required for federal reimbursement, requires adherence to this specification (III, JCAHO 1992).The new International Directory of Bioethics Organizations provides an index of 129 different groups that indicated to the authors that they offer bioethics consultations. Of these, 83 are in the United States and 46 are in other countries. The ethics consultants included in the directory encompass a broad group of professionals who will assist patients, families, and primary care medical staff in finding solutions to ethical dilemmas resulting from use of new technologies or new treatments in health care. Consultants often come from the health fields: physicians, nurses, and other health personnel, but other professionals are also active as ethics consultants. Lawyers, pastoral counselors, philosophers, and social workers also offer bioethics consultation services (III, Nolen and Coutts 1993).Drs. Siegler, Pellegrino, and Singer wrote in 1990 that "Physician-ethicists and professional ethicists will continue to work side by side in the future. One is not likely to replace the other, nor is this desirable, because... (shrink)

The reviews of this book which greeted its appearance in America, where it won a Catholic Press Association Religious Book Award, speak for themselves. 'The real core of the book is the question that is raised - the demanding bone-crushing question we all face - alone - at one time - the question of death/life and immortality. In these few pages we set out on a journey - one that winds its way among ancient stories and myths ... one's constant (...) disturbing companion is death - a reality that keeps breaking in upon our imes, our friends, our dreams and hopes and even our changing and becoming. The richness of the book lies in the questioning and some of the answers other men's times have given in attempt to live with this probing. We meet Kazantzakis, Homer, Melville, Hegel, Dante in their humanness in the face of death and in their timeless answers' (National Catholic Reporter). From the Protestant side, Martin Marty commented how John Dunne, 'perhaps the most intuitive and natively talented Catholic around, has cast a new spell', and The Critic remarked: 'As a meditation ought to be, it is simple and profound at once. And it is beautifully done, in some ways the richest of John Dunne's works.' All of which amounts to an invitation to join the author as he poses the timeless dilemma of the human condition and seeks to resolve it through stories of adventures, journeys and voyages inspired by man's encounter with death; stories of childhood, youth, manhood and age; and finally stories of God and of man wrestling with God and the unknown. (shrink)

John Dillon presents an English translation of Alcinous' Handbook of Platonism, accompanied by an introduction and a philosophical commentary which explain the ideas in the work and show their intellectual and historical context. The Handbook purports to be an introduction to the doctrines of Plato, but in fact gives us an excellent survey of Platonist thought in the second century AD.

An infinite lottery machine is used as a foil for testing the reach of inductive inference, since inferences concerning it require novel extensions of probability. Its use is defensible if there is some sense in which the lottery is physically possible, even if exotic physics is needed. I argue that exotic physics is needed and describe several proposals that fail and at least one that succeeds well enough.

This paperback edition reproduces the complete text of the Essay as prepared by professor Nidditch for The Clarendon Edition of the Works of John Locke. The Register of Formal Variants and the Glossary are omitted and Professor Nidditch has written a new foreword.

This brief paper shows that the idea of benefits to the subject compensating for the harms of disability is at best self defeating and at worst sinister. Equally benefits to third parties while real are dubious as compensating factors. This shows that disabilities are just that, a net loss and not a net gain.

Between the American Revolution and the Civil War many Americans professed to reject altogether the notion of adhering to tradition, perceiving it as a malign European influence. But by the beginning of the twentieth century, Americans had possibly become more tradition-minded than their European contemporaries. So argues Michael D. Clark in this incisive work of social and intellectual history. Challenging reigning assumptions, Clark maintains that in the period 1865 to 1942 Americans became more conscious of tradition as a social force, (...) viewed it more positively, and used it more eclectically and selectively for personal and social enrichment. Clark expands upon the existing body of scholarly work by clearly distinguishing tradition from other ways of relating to the past and by studying particular traditions that shaped American thought and culture. He gives primary attention to five individuals who represent the growing influence of tradition in this period: the popular philosopher and historian John Fiske, representing Anglo-American tradition; the Virginia historians Philip Bruce and Lyon G. Tyler, representing a southern variation on a national tradition; the country's leading neo-Gothic architect, Ralph Adams Cram, representing a surprisingly pervasive medieval tradition; and the sociologist Charles H. Cooley, representing views on immigrant traditions. Clark examines how the idea of tradition, initially associated with family home and local town, was carried outward to the larger sphere and applied to promote American expansionism -- territorially, economically, and demographically. Tradition was also used as a weapon by well-entrenched social groups in struggles over power and values. It offered a sense of stability in a time of unsettling technological and sociological change. Ironically, Clark shows, `traditionalists of this era helped to create a modern sensibility by opposing the Victorian linear sense of history and employing instead historical cycles and typology as ways to bridge past and present. The American Discovery of Tradition, 1865--1942 describes a period of time when the social and intellectual forces of tradition and modernity converged in the United States. America was both a nation looking back, now having a memory of its own past, and a nation looking forward to future progress. Clark's book reveals the shaping of the modern American self and its distinctive attitude -- both positive and negative -- toward tradition. (shrink)

Herodotus. Custom is king.--Engels, F. Ethics and law: eternal truths.--Sumner, W. G. Folkways.--Ross, W. D. The meaning of right.--Duncker, K. Ethical relativity?--Herskovits, M. J. Cultural relativism and cultural values.--Kluckhohn, C. Ethical relativity: sic et non.--Taylor, P. W. Social science and ethical relativism.--Ladd, J. The issue of relativism.--Redfield, R. The universally human and the culturally variable.--Bibliography (p. 145-146).

Utilizing a contractualist framework for understanding the basis and limits for the use of force by police, this article offers five limiting principles—respect for status as moral agents, proportionality, minimum force necessary, ends likely to be accomplished, and appropriate motivation—and then discusses uses of force that violate or risk violating those principles. These include, but are not limited to, unseemly invasions, strip searches, perp walks, handcuffing practices, post-chase apprehensions, contempt-of-cop arrests, overuse of intermediate force measures, coerced confessions, profiling, stop and (...) frisk practices, and the administration of street justice. (shrink)