In his book Criminally Ignorant: Why the law pretends we know what we don’t,1 Sarch provides a compelling re-conceptualisation and defence of the doctrine of wilful ignorance. Wilful ignorance is a...

The opinion of Mr. Justice Francis of the English High Court which denied the parents of Charlie Gard, who had been born with an extremely rare mutation of a genetic disease, the right to take their child to the United States for a proposed experimental treatment occasioned world wide attention including that of the Pope, President Trump, and the US Congress. The case raise anew a debate as old as the foundation of Western medicine on who should decide and (...) on what standard when there is a conflict between a family and the treating physicians over a possible treatment. This paper will explore the different approaches of the British and American courts on the issue and the various proposals from that of John Rawls in his A Theory of Justice to a processed-based approach for resolving such disputes. As carefully crafted as the opinion of Mr Justice Nicholas Francis in the Gard case proved to be, it left commentators unsatisfied. A widespread criticism, captured in an article by Michael Dougherty in The National Review was for the state to ‘get out of the way of the parents trying to act in the best interests of the child’.1 Although he conceded the parents could be adding to the suffering of the child by taking Charlie to America for an experimental therapy and agreed that such a choice ‘may be the wrong decision,’ in Dougherty’s view, it should still be ‘their decision’. Dougherty’s stand was the popular response to the question of ‘Who should decide?’ It fails, however, to propose any rationale for the decision. It provided no norms, no standards and no guidelines for the parents. Their motive could equally well be indifference to the suffering of the child as concern for his well-being. Furthermore, even good, loving parents may make …. (shrink)

In a recent essay, George Annas, the legal columnist for The New England Journal of Medicine, observed that the resuscitation of extremely premature infants, even over parental objection, is not problematic because “once the child's medical status has been determined, the parents have the legal authority to make all subsequent decisions.” Annas himself is quick to concede that treatment in a high-technology neonatal intensive care unit frequently takes on a life of its own. He also acknowledges that although bioethicists (...) and courts agree that there is no ethical or legal difference between withholding or withdrawing a respirator from a patient, parents and physicians find the withdrawal much more emotionally troubling. (shrink)

As the expansion of the Internet and the digital formatting of all kinds of creative works move us further into the information age, intellectual property issues have become paramount. Computer programs costing thousands of research dollars are now copied in an instant. People who would recoil at the thought of stealing cars, computers, or VCRs regularly steal software or copy their favorite music from a friend's CD. Since the Web has no national boundaries, these issues are international concerns. The contributors-philosophers, (...) legal theorists, and business scholars, among others-address questions such as: Can abstract ideas be owned? How does the violation of intellectual property rights compare to the violation of physical property rights? Can computer software and other digital information be protected? And how should legal systems accommodate the ownership of intellectual property in an information age? Intellectual Property is a lively examination of these and other issues, and an invaluable resource for librarians, lawyers, businesspeople, and scholars. (shrink)

Evolutionary discussions regarding the relationship between social status and fertility in the contemporary U.S. typically claim that the relationship is either negative or absent entirely. The published data on recent generations of Americans upon which such statements rest, however, are solid with respect to women but sparse and equivocal for men. In the current study, we investigate education and income in relation to age at first child, childlessness, and number of children for men and women in two samples—one of (...) the general American population and one of graduates of an elite American university. We find that increased education is strongly associated with delayed childbearing in both sexes and is also moderately associated with decreased completed or near-completed fertility. Women in the general population with higher adult income have fewer children, but this relationship does not hold within all educational groups, including our sample with elite educations. Higher-income men, however, do not have fewer children in the general population and in fact have lower childlessness rates. Further, higher income in men is positively associated with fertility among our sample with elite educations as well as within the general population among those with college educations. Such findings undermine simple statements on the relationship between status and fertility. (shrink)

Parents respond to the death of a child in very different ways. Some parents may be violent or angry, some sad and tearful, some quiet and withdrawn, and some frankly delusional. We present a case in which a father’s reaction to his daughter’s death is a desire to protect his wife from the stressful information. The wife is in the second trimester of a high-risk pregnancy and so is particularly fragile. We asked pediatricians and bioethicists to discuss the ways (...) in which they might respond to the father’s understandable but troubling request. -/- The death of a young child is one of the most stressful events that can happen to parents. The stress of such a loss is compounded if the parents are in a foreign country, far from home, and without a network of family and friends to provide social support. The stress may be more difficult to deal with if the parents have acute health problems of their own. In this month’s “Ethics Rounds,” we present a case in which a father whose daughter died requested that the doctors delay telling his wife. His reason: She is pregnant, in the second trimester, and on bed rest because of preterm labor. He does not want to add to her stress. We asked both pediatricians and bioethicists to respond to this request. (shrink)

John Locke is widely regarded as one of the most influential of the Enlightenment philosophers. This volume, edited by J. W. Adamson and published as a second edition in 1922, contains two of John Locke's essays concerning education; Some Thoughts Concerning Education and Of the Conduct of the Understanding. Some Thoughts Concerning Education expands on Locke's pioneering theory of mind by explaining how to educate a child using three complementary methods: the development of a healthy body; the (...) formation of a virtuous mind; and the pursuit of an academic curriculum including the emerging sciences, mathematics and languages. Of the Conduct of the Understanding continues the theme of the earlier essay by describing how to develop rational thought. For over a century after the publication of these essays, John Locke's views on education were considered authoritative, and his work was translated into almost all major European languages. (shrink)

Lawrence J. Dennis’s intellectual biography of John L. Childs, a leading figure in twentieth-century American educational philosophy between 1930 and 1960, traces Childs’s influence not only on education but also on midcentury politics, economics, and social issues. A disciple of John Dewey and an associate of William Heard Kilpatrick, George S. Counts, Boyd Bode, and other key figures in modern American education, Childs laid the philosophic basis for social reconstruction and became an important contributor to and interpreter of (...) pragmatism as a philosophy of education. Dennis describes how the Christian beliefs so central to Childs as a youth led him as a young man into a decade of YMCA missionary work in China. When he returned to the United States, Childs studied with John Dewey, later coauthoring two chapters of a book with him. Though Childs became a recognized expert on Dewey’s educational theory, he eventually became more of a reconstructionist than his mentor. Dennis carefully recounts Childs’s long association with Dewey as well as his political activities in the American Labor Party, the Liberal Party, and the American Federation of Teachers. He likewise traces the debate about metaphysics, democracy, and indoctrination that ensued among the foremost pragmatists of the day. (shrink)

J.S. Mill's deep interest in French intellectual, political, and social affairs began in 1820 when, in his fourteenth year, he went to France to live for a year with the family of Sir Samuel Bentham. French became his second language, and France his second home, where he died and was buried in 1873. His interest in history began even earlier when, as a child of seven, he tried to imitate his father's labours on the History of British India; though (...) he never wrote a history in his maturity, study of the past remained a passion and helped shape the philosophy of history that informed his views of society and ethics. His intense interest in contemporary French politics also led him to seek connections between historical developments and present trends, both seen by his from a Radical perspective approproate to what he believed to be an age of transition. The English historians of France, including Walter Scott and Thomas Carlyle, as well as the French, some of whom were themselves political figures, are judged by their historical methods, but those methods are seen as having practical effects in shaping as well as revealing the mind of the times. This volume brings together for the first time the essays, running from 1826 to 1849, that meld these abiding interests. They give as well insights into Mill's personal aspirations, his developing view of comparative politics and sociology, his concern for freedom, and his feminism. During these years Mill worked on a published his System of Logic, Book VI of which shows in condensed form the results of the speculations here developed; reading these essays with that work, which made his reputation as a philosopher, enables one to see the effects of romanticism on analytic thought in a way not as clearly evident even in Mill's Autobiography. Independently important, then, the essays in this volume also enable us to interpret anew the practical and theoretical concerns fundamental to his formative years and maturity. John C. Cairns' Introduction demonstrates how the essays reveal, through their reactions to the Revolutions of 1789, 1830, and 1848, and to French historiography, politics, and thought, the effect of France on Mill's ideas, and also the way in which his other concerns influenced his reactions to France. The texts, with the variants and notes that are the hallmark of this edition, are described in John M. Robson's Textual Introduction, which explains the editorial principles and methods. (shrink)

_Becoming Human_ argues that human identity was articulated and extended across a wide range of textual, visual, and artifactual assemblages from the twelfth to the fifteenth centuries. J. Allan Mitchell shows how the formation of the child expresses a manifold and mutable style of being. To be human is to learn to dwell among a welter of things. A searching and provocative historical inquiry into human becoming, the book presents a set of idiosyncratic essays on embryology and infancy, play (...) and games, and manners, meals, and other messes. While it makes significant contributions to medieval scholarship on the body, family, and material culture, _Becoming Human_ theorizes anew what might be called a medieval ecological imaginary. Mitchell examines a broad array of phenomenal objects—including medical diagrams, toy knights, tableware, conduct texts, dream visions, and scientific instruments—and in the process reanimates distinctly medieval ontologies. In addressing the emergence of the human in the later Middle Ages, Mitchell identifies areas where humanity remains at risk. In illuminating the past, he shines fresh light on our present. (shrink)

John and Mary have fully consensual sex, but they do not want to have a child, so they use contraception with the intention of avoiding pregnancy. Unfortunately, although they used the contraception in the way in which it is supposed to be used, Mary has become pregnant. The couple decides to have the baby, whom they name ‘Ernie’. Now we fill in the story a bit. The universe is causally deterministic, and 30 years later Ernie performs some action (...) A and thereby brings about event E. We also stipulate that Ernie meets plausible compatibilist conditions for acting freely . That is, we suppose that there are no uncontroversially freedom- and responsibility-undermining conditions present in the context in which Ernie performs A, and, further, that Ernie meets plausible compatibilist conditions for acting freely. Let us say, for example, that one adopts the theory according to which the freedom-relevant condition on moral responsibility is that the agent exhibits ‘guidance control’ of his action and . On this approach, one acts freely in so far as one acts from one's own, suitably reasons-responsive mechanism. We can then simply stipulate that, in the relevant context, Ernie acts from his own, suitably reasons-responsive mechanism . If one prefers a different set of compatiblist-friendly conditions for acting freely, one can simply stipulate that Ernie meets them; indeed, the plausible compatibilist-friendly conditions seem to be compatible with each other, and thus Ernie could presumably meet all of them in the relevant context. In such a case, and given that the epistemic condition on acting freely and moral responsibility is met, I am inclined to say that Ernie …. (shrink)

In England and Wales we have had a National Curriculum since 1988. How can it have survived so long without aims to guide it? This IMPACT pamphlet argues that curriculum planning should begin not with a boxed set of academic subjects of a familiar sort, but with wider considerations of what schools should be for. We first work out a defensible set of wider aims backed by a well-argued rationale. From these we develop sub-aims constituting an aims-based curriculum. Further detail (...) is provided here on one of the most central educational aims, to do with equipping each child to live a flourishing personal and civic life. [A later, more detailed account of an aims-based curriculum is available in Reiss, M and White J <An Aims-based Curriculum: the significance of human flourishing for schools> Institute of Education Press 2013]. (shrink)

In Your God Is Too Small, J. B. Phillips explains that the trouble facing many of us today is that we have not found a God big enough for our modern needs. In a world where our experience of life has grown in myriad directions, and our mental horizons have been expanded to the point of bewilderment by world events and scientific discoveries, our ideas of God have remained largely static. It is nearly impossible, Phillips argues, for an adult to (...) worship the conception of God that exists in the mind of a child of Sunday-school age, the "God-in-a-box" notion, limiting God to such inadequate conceptions as "Resident Policeman," "Grand Old Man," "Meek-and-Mild," and "Managing Director." As a result of these insufficient ideas of God, many people live with an inner dissatisfaction, without any faith at all. Your God Is Too Small explores the ways in which we can find a truly meaningful and constructive God for ourselves, big enough to account for our current experience of life and big enough to command our highest admiration and respect. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Recent and Classic References at the Interface of Philosophy, Psychiatry, and Abnormal PsychologyArticlesAggernaes, A. 1972. The expanded reality of hallucinations and other psychological phenomena. Acta Psychiatrica Scandinavica 48: 220–238.Anonymous. 1991. Child sexual abuse and the limits of responsibility. Lancet 337: 890.Anonymous. 1993. Mental incapacity and medical treatment. Lancet 341: 1123–1124.Appelbaum, M. D., and A. Creer. 1993. Confidentiality in group therapy. Hospital and Community Psychiatry 44: 311–312.Beatson, J. A. (...) 1993. The psychiatrist and peer review—a psychodynamic review of the literature. Australia and New Zealand Journal of Psychiatry 27: 311–318.Berrios, G. E. 1987. Dementia during the seventeenth and eighteenth centuries: a conceptual history. Psychological Medicine 17: 829–837.Blackburn, R. 1988. On moral judgments and personality disorders: the myth of psychopathic personality revisited. British Journal of Psychiatry 153: 505–512.Blackmon, W. D. 1993. Are psychoanalytic billing practices ethical? American Journal of Psychotherapy 47: 613–620.Blashfield, R. K., and J. G. Draguns. 1976. Evaluative criteria for psychiatric classification. Journal of Abnormal Psychology 85, no. 2: 140–150.Blashfield, R. K., J. Sprock, and A. K. Fuller. 1990. Suggested guidelines for including or excluding categories in the DSM-IV. Comprehensive Psychiatry 31, no. 1: 15–19.Blashfield, R. K., J. Sprock, D. Haymaker et al. 1989. The family resemblance hypothesis applied to psychiatric classification. Journal of Nervous and Mental Disease 177: 492–497.Borys, D. S. 1994. Maintaining therapeutic boundaries: the motive is therapeutic effectiveness not defensive practice. Ethics and Behavior 4, no. 3: 267–273.Brown, W. M. 1985. On defining disease. Journal of Medicine and Philosophy 10: 311–328.Bub, J. 1994a. Is cognitive neuropsychology possible? Proceedings of the Biennial Meetings of the Philosophy of Science Association 1: 417–427.Bub, J. 1994b. Testing models of cognition through the analysis of brain-damaged performance. British Journal of Philosophy of Science 45, no. 3: 837–855.Buck, C. 1989. Problems with the Popperian approach: A response to Pearce and Crawford-Brown. Journal of Clinical Epidemiology 42: 185–187.Buck, R. 1994. The neuropsychology of communication: spontaneous and symbolic aspects. Journal of Pragmatics 22, no. 3-4: 265–278.Camp, N. M. 1993. The Vietnam war and the ethics of combat psychiatry. American Journal of Psychiatry 150: 1000–1009.Crockett, C. 1961. Ethics, metaphysics, and psychoanalysis. Inquiry 4: 37–52.Dalton, E., K. Hopper, and S. Reiner. 1976. Ethical issues in behavior control. Values and Ethics in Health Care 2: 1–40.Faust, D. 1993a. Use and then prove, or prove and then use? Some thoughts on the ethics of mental health professionals’ courtroom involvement. Ethics and Behavior 3, no. 3-4: 359–380.Fodor, J., and E. Lepore. 1994. What is the connection principle? Philosophy and Phenomenological Research 54: 4.Foss, L. 1994. Putting the mind back into the body: a successor scientific medical model. Theoretical Medicine 15, no. 3: 291–313.Galletly, C. A. 1993. Psychiatrist-patient sexual relationships: the ethical dilemmas. Australia and New Zealand Journal of Psychiatry 27: 133–139.Glymour, C. 1994. On the methods of cognitive neuropsychology. British Journal of Philosophy of Science 45, no. 3: 815–835.Gottlieb, M. C. 1994. Ethical decision making, boundaries, and treatment effectiveness: a reprise. Ethics and Behavior 4, no. 3: 287–293.Gutheil, T. G. 1994. Discussion of Lazarus’s “How certain boundaries and ethics diminish therapeutic effectiveness”. Ethics and Behavior 4, no. 3: 295–298.Helme, T. 1993. A special defence—a psychiatric approach to formalising euthanasia. British Journal of Psychiatry 163: 456–466.Kovel, J. 1976–77. Therapy in late capitalism. Telos 30: 73–92.Lazarus, A. A. 1994a. How certain boundaries and ethics diminish therapeutic effectiveness. Ethics and Behavior 4, no. 3: 255–261.Lazarus, A. A. 1994b. The illusion of the therapist’s power and the patient’s fragility: my rejoinder. Ethics and Behavior 4, no. 3: 299–306.Lehrman, N. S. 1980. Psychiatric power and responsibility: Abuse and abdication, a proposed corrective conference. The Humanist 40: 9–13.Lockhart, T. 1992. Professions, confidentiality, and moral uncertainty. Professional Ethics: A Multidisciplinary Journal 1, no. 3-4: 33–52.Margolin, S. G. 1964. The scientific status of psychoanalytic clinical evidence (II). Inquiry 7: 37... (shrink)

The meaning of valid proxy consent for children has recently been the subject of an important debate between Richard McCormick and Paul Ramsey on the ethics of experimenting with children. Ramsey is willing to agree with McCormick that parental consent for a child to undergo some medical procedure is valid only if parents consider what the child would consent to if he could. But beyond this, Ramsey has a fundamentally different conception of the child from McCormick, and (...) therefore gives a very different interpretation to this standard for valid proxy consent. In Ramsey's view, McCormick's basic mistake is to think of the child as a small adult, thereby overlooking the child's peculiar vulnerabilities and needs. In particular, McCormick fails to attend to the child's needs for "preservation in life and healthful growth". In this paper, the author pursues Ramsey's suggestion that a correct analysis of valid proxy consent for children would replace the "language of consent" with the "language of need". He does this by sketching a theory of parenthood that rests on two central notions: that of primary goods, as found in the writing of John Rawls, and that of autonomy. (shrink)

The rift which has long divided the philosophical world into opposed schools-the "Continental" school owing its origins to the phenomenology of Husserl and the "analytic" school derived from Frege-is finally closing.

This volume is devoted entirely to exploring the role of animals in the thought of Immanuel Kant. Leading scholars address questions regarding the possibility of objective representation and intentionality in animals, the role of animals in Kant's scientific picture of nature, the status of our moral responsibilities to animals' welfare, and more.

In lieu of an abstract, here is a brief excerpt of the content:Introduction VIOLENCE AND INSTITUTION IN CHRISTIANITY Robert J. Daly, SJ. Boston College We need both to define our terms and to indicate whether we are using them in a normative or descriptive sense. Thus the question: "Is Christianity"—or, if you will—"Are the institutions of Christianity violent or nonviolent?" can be answered with either a Yes, or a No, or with anything in between, depending on the meaning we attach (...) to theterms "violence," "institution," and "Christianity" (Daly 1997, 321-43). When we speak normatively, or take Christianity and its institutions accordingto its best ideals, Christianity isessentially nonviolent. But when we speak descriptively, i.e., take Christianity according to what the institutions ofChristianity have actually done, and according to how those who call themselves Christian have actually acted, we can make the argument that Christianity is violent, ffanalogous distinctions can be made from within the other four traditions, this might offer a good starting point for discussion. Adapting to my purpose standard dictionary definitions, I understand violence to include in a broad way the justified or unjustified human exertion of internal or external power or force in order to achieve an injurious or abusive end, i.e., an end that is against the will, the good, or the interests of those who suffer it. (This includes all war and avoids, at least at the outset, arguments about whether a war is or can be a "just war.") I understand institution in its ordinary meaning of: any significant or established practice, relationship, structure, system, or organization in a society or culture. I understand Christianity also in its ordinary sense: the Roberti. Daly, SJ.5 religion which, derived from Jesus Christ, and based on the Bible, is professed by Eastern, Roman Catholic, and Protestant bodies. Now, to help set the background for our discussion, I will try to list and briefly describe, relative to this theme, some of the major aspects or "moments" of Christianity (or Christian History), and do this in an approximately diachronic or chronological order. Much of this will be descriptive, but I will not go out of my way to dissociate the descriptions from the effects of all normative claims. I.Violence and Institution in the History of Christianity [1] The biblical foundation of Christianity in the Hebrew Scriptures. [2]The pervasiveness of violence in the Bible. [3]The Christian Scriptures present themselves as a gospel of peace. [4]Jesus and nonviolence. [5]Early Christians and nonviolence. [6]The early Christians and the military. [7]The "Constantinian turn." [8]Caesaro-papism. [9]The relegation ofChristian pacifism to religious and monastic life. [10]The just war theory. [11]The medieval Christian taken-for-grantedness of violence. [12]The Crusades. [13]Medieval Christian peace movements [14]Christians and heretics. The Inquisition. See [11] above. [1 5]Christianity and the witches. See [U] above. [16]The Reformation. [17]The Radical Reformation and the Peace Churches. [18]St. Bartholomew's Day Massacre (August 1572). [19]The religious wars. [20]Absolutism. [21]Modernity. [22]The Quakers—Religious Society of Friends. [23]The Enlightenment and Modernity. [24]Christianity and world mission; Christianity and colonialism. [25]Slavery. [26]Christianity and the "war" against native cultures. [27]Christianity and the First World War. [28]The Second World War. [29]The Holocaust. 6 Violence and Institution in Christianity [30]Christianity and the modern peace movement. [31]Christians and the "seamless ethic of life." [32]Christianity and International Communism. [33]Liberation theology. [34]The liberation of women. [35]Christianity and the resurgence of tribal and nationalist violence. [36]Christianity and human rights. [1] The biblical foundation of Christianity in the Hebrew Scriptures. Christians and Jews have the same family origins. Since believing Christians no less than believing Jews accept and revere the Hebrew Scriptures as the inspired word of God, Christians and Jews are indeed, to paraphrase Pope John XXIII, siblings. There is, beyond this, fromJudaism to Christianity, a significant parent-child relationship. In recent years (but not early enough to have prevented the Holocaust), the main line churches ofChristianity have rejected the supersessionism (the doctrine that the Old Testament has been abrogated by the New Testament) that used to characterize Christian attitudes towards the Jews and that... (shrink)

continent. 1.4 (2011): 242—252. Introduction The following two works were produced by visual artist Jonas Staal and writer Vincent W.J. van Gerven Oei during a visit as artists in residence at The Bag Factory, Johannesburg, South Africa during the summer of 2010. Both works were produced in situ and comprised in both cases a public intervention conceived by Staal and a textual work conceived by Van Gerven Oei. It was their aim, in both cases, to produce complementary works that could (...) be read “through each other,” in which the movement of artistic construction would be imitated by textual deconstruction and vice versa. Both works deal with the way in which capital, apartheid, and monumentality are interwoven in South-African society. The Missing Link addresses a monument for democracy, erected on the premises of a private corporation running both an amusement park and the Apartheid Museum franchise. The textual intervention accompanying this public intervention investigates the limits of the inclusiveness of the anti-discrimination section in the South-African constitution, itself a monumental work of democracy. The Monument for the Distribution of Wealth deals with the history and eventual dissolution of a monumental square, commemorating the Soweto Uprising, in one of the poorest townships of Johannesburg. The history accompanying this public dismemberment of memory is equally fragmented, which is expressed by the many voices recounting uncertain and perhaps even irrelevant “facts” about the genius loci, the way in which the memorial space has actually entered into the memory of the inhabitants surrounding it. Next to their individual practices, Staal and Van Gerven Oei have worked together on a number of projects ever since 2007, including several art residencies. Their work involves an investigation of the different interfaces between art, politics, and public space in media ranging from theater and public interventions, to video installations and (co-authored) textual works. The Missing Link Missing Link (1) Missing Link (2) Missing Link (3) Intervention on the monument entitled The Seven Pillars of the Constitution , part of the Apartheid Museum in Johannesburg, South Africa. The Seven Pillars represent the constitutional values propagated in South Africa since the abolition of the apartheid regime. The monument and museum were built by the Gold Reef Resorts corporation, which is also responsible for the theme park and casino next to it. By placing the word “capitalism” on the wall surrounding the museum, the capitalist system and the constant social divisions that it implies are interpreted as sophistic continuations of apartheid politics. Through the capitalist system, apartheid is still operational within South African society. Whereas during the apartheid regime, the separation clearly ran along race divisions, in the current, “democratic” system, the same actual separation is sustained without it being an explicit element of the foundations of the country, i.e. the constitution. This intervention foregrounds the constant role of capitalism is both periods. At the same time the intervention acknowledges that contemporary Western artisthood is a mirror of the privileges that are offered by the capitalist system, and the type of artist that it produces. The intervention initiates a critical discourse concerning the capitalist system situated within the disaster of capitalism itself, in other words: through the desire to break with the presumption that art would be able to operate outside the capitalist system and to confirm that art—and the artist himself—is in fact modeled on this system. The public intervention by Staal was supplemented by a textual intervention by Van Gerven Oei: a proposition to alter the seventeenth amendment of the South African constitution. Even though the anti-discrimination legislation in South-Africa is one of the most stringent and inclusive in the world, one factor—wealth—remains outside its scope, thus continuing the schisms along racial lines produced during the apartheid regime: §9.3. The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth, and wealth. Monument for the Distribution of Wealth Intervention concerning the June 16 Memorial Acre in Central Western Jabavu, one of the poorest townships of Johannesburg. The monument comprises a park on which different are placed recalling an important protest the black population against the former apartheid regime. In 1976, from a school adjacent to the park, they started a massive protest against the introduction of Afrikaans in the school curriculum. The police reacted violently, and shot several hundreds of students. The construction of the June 16 Memorial Acre was started in 2005, and from the start was the paragon of corruption. Coordinated by local politicians, some family members of the protest leader from 1976 gained control of the realization of the monument, outside the regulation through external institutions. The available budget of 41 million rand (at that time well over 5 million euro) was largely embezzled. In the meantime, the monument has become fully dilapidated and defaced. The park has become overgrown with weeds and covered in a layer of dirt, and the local population is slowly plundering the square to use the material for the construction and decoration of their own houses. The Monument for the Distribution of Wealth develops the dynamics already existent around the June 16 Memorial Acre. Without obtaining official permission in advance, several local inhabitants were hired to break down the monument, sort the materials, and offer it to the neighborhood. Thus, the redistribution of wealth after the fall of the apartheid regime is finally taking place, albeit from the mere remains of the capital that was once invested in the community. The words “monument” and “for free” are spray-painted on the stacks of material, both in English and Zulu, as these are locally the most common languages. Van Gerven Oei supplemented Staal’s public intervention with an account of the history of the monument based on a series of interviews. The account clarifies how the different interests within the protest 1976 are reflected in the exceeding decay of the park, and how in the end those interests were represented by the June 16 Memorial Acre. Monument for the Distribution of Wealth 1: Removing stones Monument for the Distribution of Wealth 3: Pulling down statues Monument for the Distribution of Wealth 4: Offering the material Monument for the Distribution of Wealth 5: Offering the material Monument for the Distribution of Wealth 6 The next day A Fragmentary History of the Monument for the Distribution of Wealth, Formerly Known as the June 16 Memorial Acre in Central Western Jabavu, Soweto Vincent W.J. van Gerven Oei The following text, based on interviews and online research aims to provide parts of a history of the park in front of Morris Isaacson High School in Central Western Jabavu, Soweto. The idea for the transformation of the park into a memorial site has its source in the events of June 16, 1976: the start of the the student uprising in Soweto. The development of the park was started in the early 1980s, and the actual transformation into a memorial site, the June 16 Memorial Acre, was initiated in 2005. Over the last few years, several monumental additions have been made to the park: A marble monument with three pillars was revealed on June 16, 2006. A sculpture of a book and several billboards on June 16, 2008. A sculpture of student leader Tsietsi Mashinini on June 16, 2010. The park was transformed into the Monument for the Distribution of Wealth on August 3, 2010. According to the entry “Youth Struggle” on the website South African History Online, the Bantu Education Act was introduced in 1953 . In 1954 , Dr Verwoerd, Minister of Native Affairs, stated: “What is the use of teaching the Bantu child mathematics when it cannot use it in practice? That is quite absurd.” According to the entry “Soweto uprising” on Wikipedia, the Afrikaans Medium Decree was issued in 1974 , forcing all black schools to use Afrikaans and English in a 50-50 mix as languages of instruction. The Regional Director of Bantu Education (Northern Transvaal Region), J.G. Erasmus, told Circuit Inspectors and Principals of Schools that from January 1, 1975 , Afrikaans had to be used for mathematics, arithmetic, and social studies from standard five (7th grade). English would be the medium for general science and practical subjects. Indigenous languages would be used for religion instruction, music, and physical culture. According the entry “Soweto uprising” on Wikipedia, on April 30, 1976 , students from the Orlando West Junior School in Soweto went on strike, refusing to go to school. Their example was followed by other schools in Soweto. A student from Morris Isaacson High School, Toboho “Tsietsi” Mashinini, proposed a meeting on June 13, 1976 to discuss further action. According to Weizmann Hamilton’s article “The Soweto Uprising 1976,” which appeared in the September 1986 edition of Inqaba Ya Basebenzi (Fortress of the Revolution), on June 13, 1976 , the South African Students’ Movement called a meeting at the Donaldson Community Center in Orlando. 300-400 Students representing 55 schools decided to hold a mass demonstration on June 16. According to Brian Mokhele, member of the Joint Community Safety Forum, Dr Edelstein was the first victim of the Soweto uprising and killed the day before the march on June 15, 1976 . Edelstein was an administrator at the pass office in Jabavu and gave golf courses to the local community. Edelstein was put in a garbage bin and pierced by pickaxes. The garbage bin was left at the very spot of the murder for many years. A few years ago, a child was beheaded at the same spot, and the basketball court next to it has been abandoned since. According to Marcus Neustetter, founder of the Trinity Session, this story is untrue. According the entry “Soweto uprising” on Wikipedia, on June 16 , Tsietsi Mashinini led students from Morris Isaacson High School to join up with others who walked from Naledi High School. A crowd of between 3,000 and 10,000 eventually ended up near Orlando High School. According to Raymond Marlowe, a local photographer, Tsietsi Mashinini was heading the march. According to the entry “Hector Pieterson” on Wikipedia, Dr Edelstein died on June 16, 1976 , stoned to death by mob and left with a sign around his neck proclaiming “Beware Afrikaaners.” The first child to die that day was called Hastings Ndlovu. According to Pat Motsiri, Orlando West is claiming struggle heritage through the Hector Pieterson Museum, while Hector Pieterson was from Jabavu. According to Pat Motsiri, his generation effectively struggled between 1980 and 1991, forcing the release of Nelson Mandela and negotiations with the apartheid regime while the 1976-generation was safely in exile. Nevertheless, this has not been recognized in any monument. After the abolition of apartheid, the generation from 1976 returned from exile, occupied important government and ANC positions, creating an abundance of 1976 memorials and refusing to acknowledge that this was only possible because of the younger generation’s struggle. He calls this a generational conflict. According to Archibald Dlamini, the park officer responsible for the Memorial Acre, he started working for the municipality in 1978. In 1981/82 , Isaac Makhele from Pimville, who used to work in the cemetery business, was the first developer of the park. It used to be just a normal park until City Parks decided to develop the Memorial Acre in 2006. In 2007 the work was stopped by the community. According to Brian Mokhele, he left the country in 1989 after he participated in the riots of 1986. But when he returned in 1999 he found that nothing had changed. He says that they were promised to be protected by the Constitution, but that reality is different. The police uses fear to suppress them so that they don’t come out to talk openly. He has been arrested twice, both times harassed and tortured by the police, but in the end always released without indictment. He says that this is their way to threaten communities to back off from politics. According to Moses, who is sitting outside rolling a joint, Brian knows everything. He tells Brian to tell me everything he knows. According to Brian Mokhele, Tsietsi Mashinini was possibly murdered in 1990 during his exile in New York. Two weeks before he was supposed to return to South Africa, his papers in order, he was found dead under mysterious circumstances. His coffin was sealed when he was buried. According to Pat Motsiri, he came up with the idea for the Memorial Acre in 2003 . He submitted the documents for the proposal to the council, which sidelined him as soon as the budget came out in 2005 . According to Brian Mokhele, there was on estimation R 41,000,000 spent to redesign the park and turn it into the Memorial Acre. The millions were divided by Amos Masondo, the mayor of Soweto, the local councilor Bongani D. Zondi, and the director of the city of Johannesburg, Pat Lephunya. They were dividing the money between several contractors: Tsietsi Mashinini’s brothers were involved in the development of the park, they got the tender to do the green areas, the landscaping. Construction was done by other companies, some did the paving, the toilets, etc. EMBA, a private company appointed by the municipality was in control of the money flow, but the money was quickly gone. According to Raymond Marlowe, the contractor bought a BMW with the money. According to Archibald Dlamini, the Mashinini brothers got the tender, so the space would look more like the other places around in Soweto. It was agreed that after they were done, they would return the property to the municipality. They did whatever they could do. According to Mafaisa, a member of the Jabavu business community, he was one of the contractors for the landscaping and the pavement under Mpho Mashinini, one of the brothers. He says that I should contact Mavi for information on Mpho. According to Poi Stuurman, a local youth worker, Mafaisa is one of the guys who ran away with the money. According to Mavi, Mpho Mashinini was never a contractor. The contracts were organized by Sbu Butelezi, the former head of the Gauteng Department for Public Works. The June 16 Foundation and the Mashinini brothers will be the beneficiaries of the park when it is finished. According to Brian Mokhele, City Parks did not accept the Memorial Acre because it was not finished. The rest of the year, the unfinished park is not maintained, as should have happened. This was done deliberately so that in the end they can just clean the whole thing up and have a reason to redo the whole park. According to Brian Mokhele, the Mashinini brothers now work for the government. People that manipulate for money purposes always come from the government’s side. Because the park was left unfinished, the people from the neighborhood are taking away the stones to decorate their own homes with. According to Archibald Dlamini, because City Parks doesn’t accept responsibility of the park, he officially has nothing the guard, except for his cottage, which is municipal property. The thieves come at night and destroy the park, but he cannot do anything because he is sleeping. According to the website of the Thanda Foundation on June 16, 2006 a bronze statue of Hector Pieterson, the first child to die in the 1976 protests, made by Kobus Hattingh and Jacob Maponyane was unveiled in the Maponya Mall in Soweto. The statue is sculpted after the famous image shot by Sam Nzima of Mbuyisa Makhubo carrying the dead body of the boy. The sculpture was sponsored by the Thanda Foundation, founded by the Swedish entrepreneur Dan Olofsson and South-African entrepreneur Matthews Phosa. According to the official website of the City of Johannesburg, the Memorial Acre and Artwork were unveiled in 2006. According to a blog post on sowetouprisings.com, the Memorial Acre was still under development on July 24, 2006. According to Archibald Dlamini, City Parks only cleans up the park once a year just before the June 16 celebrations. Everybody is waiting for the Mashinini brothers to finish their job. The last time he talked with them was in 2007 . According to a sign on the school grounds of the Morris Isaacson High School, the June 16 Trail will be finished in 2008 . According to a blog post on sowetouprisings.com, the Memorial Acre contains another monument erected in Tsietsi’s honor. The monument was created as part of the Sunday Times Heritage Public Art program. Its physical form resembles a giant book which symbolizes the crisis in education experienced in 1976. On the face of the book is the map of the route taken by the students from Morris Isaacson High School in Central Western Jabavu to Phefeni Junior Secondary in Orlando West (currently the site of the Hector Pieterson Museum), while the back cover of the ‘book’ is inscribed with a tribute to Tsietsi Mashinini. The monument was revealed on June 16, 2008 . According to Marcus Neustetter, the billboards on the Memorial Acre were part of a school project realized in 2008. Following several workshops, the students from different high schools along the June 16 Trail were invited to work with artists on the billboards, while the neighborhood community was invited to watch the process during the festivities on June 15 and 16, 2008 . The billboards were supposed to be removed because of construction works on the Memorial Acre, which never ended up happening. According to Brian Mokhele, the former toilet facilities were converted into a house for the park officer. This park officer has been working for city parks for more than 12-15 years, but does nothing here, because the park, including the new toilet buildings, is not finished. The government is now moving around looking for people to take this job because they stopped it. They confronted everybody who was going in and chased them away. According to John, in 2009 , some girls, around 16 or 17 years old, were raped by four men who had been drinking in a local shebeen. When the bar quit they said that they would go home by car, but instead raped the girls on the Memorial Acre nearby. This happened in the unfinished toilets, because the doors couldn’t be closed. According to Brian Mokhele, there used to be some fences around the park because of the construction work that was eventually stopped, but these were also stolen. According to Archibald Dlamini, people from the neighborhood started about two and a half years ago, and the last piece was stolen near the end of 2009 . Sometimes he would catch someone with a roll of fence, and then use it for his own cottage. According to the official website of the City of Johannesburg, a statue of Tsietsi Mashinini by Johannes Pokhela was revealed on June 16, 2010 , “Youth Day.” According to Shirley Makutoane, deputy principal of Isaac Morrison High School, the statue of Tsietsi Mashinini, funded by the June 16 Foundation, has temporarily been placed within the school perimeter. The statue will be moved to the Memorial Acre when it will be finished, in 2011 . According to Brian Mokhele, beside the June 16 Foundation, there is also a June 16 Memorial Acre Foundation. Both foundations are quarreling about the money involved in the Memorial Acre project. Nobody knows who’s involved in them. According to Marcus Neustetter, the June 16 Foundation consists of people that were part of 1976 protest movement, local government officials, representatives of the Hector Pieterson Museum, and the council. According to students from the Isaac Morrison High School, the statue of Tsietsi Mashinini is on the school ground because on the Memorial Acre it would be vandalized by youths from White City, an adjacent neighborhood. Accorcing to Brian Mokhele, the statue of Tsietsi should eventually be mounted on the Memorial Acre. It is wrong that the statue is in the school at the moment, because it is not a public school. He wants the statues to depict the massiveness of the force that was coming into Soweto after the protests. According to Brian Mokhele, City Parks, City of Jo’burg, City Lights, and SAPS are making some sort of plan to take the plan back. They want to remove the trees from the Memorial Acre, and redesign the Memorial Acre into a relaxing park, without political content. They want to depoliticize the square. In doing so,they will have their own employment and not use local workforces. According to Brian Mokhele, the community wants to remove the monuments, amphitheater, and sculptures from the Memorial Acre because they do not resemble anything. The sculptures should be depicting the truth of what happened, because the Memorial Acre is a political heritage site. He wants to involve the people that actually participated in the struggle to make the monument so that everyone can enjoy it and get a better understanding of the struggle heritage. Therefore, he proposes collective ideology in which everyone has a say. This would prevent future vandalization of the monument. According to Pat Motsiri, the sculptures must depict the event around June 16, 1976. Like the story of Dr Edelstein, who was pierced by pickaxes, forced into a garbage bin and burned alive. According to Jonas Staal, the Memorial Acre should be destroyed, its elements stacked on pallets, thus forming the Monument for the Distribution of Wealth . According to Mafaisa, his men can do the work quickly. He has about twenty men working under him. (shrink)

This article provides Catholic authorities with a useful framework for forming prudent and just policies to minimize clerical child sexual abuse, exploiting the 2011 John Jay College report Causes and Context while not ignoring its shortcomings. The framework is St. Thomas Aquinas’s treatment of prudence, and a “profile” of the clerical perpetrators is developed that uses their narcissism as a middle term to explain why these men behaved the way they did. The author concludes by recommending a deterrent (...) policy similar to the policy advocated by St. Paul, which does not unrealistically aim at an angelic clergy but aims to deter those who would enter the priesthood for its benefits. National Catholic Bioethics Quarterly 13.2 (Summer 2013): 299–311. (shrink)

The key to understanding self-identity is identifying the transcendental structures that make a temporally extended, continuous, and unified experiential life possible. Self-identity is rooted in the formal, temporalizing structure of intentional experience that underlies psychological continuity. Personal identity, by contrast, is rooted in the content of the particular flow of experience, in particular and primarily, in the convictions adopted passively or actively in reflection by a self-identical subject in the light of her social and traditional inheritances. Secondarily, a person’s identity (...) is rooted in others’ characterizations of that person in the light of the social conventions and constructs of the cultures and traditions that have shaped the personal identity of the ones who make the attributions. Personal identity, on this view, is fundamentally rooted in beliefs, traits—especially character traits—sentiments, and moods, that is, in the subject’s convictions about the true, the good, and the right—and in the commitments to the pursuit of (apparently) worthwhile goods and to the practical identities rooted in those convictions. (shrink)

This is done through a chronology, an introductory essay, an extensive bibliography, and hundreds of cross-referenced dictionary entries on key terms and ...

Editor-in-Chief John Harris discusses the four events that remind us of the concerns about what happens before birth and after death.Four recent events have reminded us that many people are concerned about what happens before birth and after death, even if what happens before birth happens to those who will never be born and even if the near death happenings occur after death and to those who cannot care about them. The recent events involve a decision of the European (...) Court of Human Rights, a decision of the UK Human Fertilization and Embryology Authority , a proposal before the UK Parliament and a book by the most famous living German philosopher.On 8th July 2004 The European Court of Human Rights in Vo v France1 confirmed the view that the scope of legal principles protecting human individuals does not normally extend to the unborn and that in the words of the court “the unborn child is not regarded as a “person” …. (shrink)

This chapter addresses the issues that motivate representationalist accounts, and it describes the different versions of representationalism as responses to these issues. It argues that the representationalist views do not adequately respond to the epistemological problems that motivate them and that they engender some ontological problems. The chapter presents an alternative ‘presentationalist’ account that preserves the straightforward sense of the mind's openness to the world. While representationalism and presentationalism agree that the relation between mental events or states is direct but (...) mediated, they radically differ in their views of the nature of the mediation involved in the mind's intentional directedness to the world. This difference and the preferability of the presentationalist account are explored. (shrink)

This paper distinguishes between two senses of the term “ phenomenology ”: a narrow sense and a broader sense. It claims, with particular reference to the moral sphere, that the narrow meaning of moral phenomenology cannot stand alone, that is, that moral phenomenology in the narrow sense entails moral intentionality. The paper proceeds by examining different examples of the axiological and volitional experiences of both virtuous and dutiful agents, and it notes the correlation between the phenomenal and intentional differences belonging (...) to these experiences. The paper concludes with some reflections on how the focus on the broader sense of “ phenomenology ” serves to provide a more precise sense of what we might mean by “ moral phenomenology.”. (shrink)

This article contributes to work on temporality in education. Challenging the future-oriented focus in contemporary education, the authors question how ideas and assumptions regarding the future—centred on the Child—can set narrow boundaries around children in schools. In carrying out this task, we employ the work of Lee Edelman and John Dewey to examine the educational ramifications of the focus on the future, which we call ‘educational futurism’. The argument seeks specifically to explore how educational futurism imposes limits on (...) educational discourse and privileges a certain future—making it unthinkable to imagine ways outside of such a privileged future. Juxtaposing Lee Edelman and John Dewey, we draw out connections and disconnections between their disparate philosophies, illustrating the ways in which educational futurism ignores or overlooks the lived experiences of children. We conclude by briefly noting the queerness of children and the impact of such queerness on broadening discussions of the future of children and their educations. (shrink)

This paper approaches the intentional structure of the emotions by considering three claims about that structure. The paper departs from the Brentanian and Husserlian ‘priority of presentation claim’. The PPC comprises two theses: intentional feelings and emotions are founded on presenting acts and intentional feelings and emotions are directed specifically to the value-attributes of the presented objects. The paper then considers two challenges to this claim: the equiprimordial claim and the priority of feeling claim. The EC asserts that the presentational (...) and affective dimensions of intentional feelings and emotions are equiprimordial. I respond to this challenge to the PPC by revising it, claiming instead that the founding relations exist between the presentational and affective senses in an experience whose presenting and affective aspects are equiprimordial. The PFC grants priority to the affective, a grant which presupposes the independence of the affective from the presentational. I argue that the PFC is mistaken, and that the revision of the PPC can handle the examples on which the PFC is based. (shrink)

John of Alexandria is an obscure figure. Little is known of his life: his floruit is placed in the first half of the seventh century A.D. He was a practising doctor; the exact significance of the epithet ‘sophista’ which is found on the superscription to his commentary on the sixth book of Hippocrates' Epidemics is uncertain: but it may indicate an interest beyond the purely medical. Apart from the commentaries on the Epidemics and De Sectis, the only other work (...) ascribed to him with any certainty is a commentary on the Hippocratic text On the Nature of the Child, although four other works traditionally attributed to Philoponus and of a purely medical nature have been ascribed to him. (shrink)

In chapter two of The School and Society, entitled "The School and the Life of the Child," the renowned American philosopher John Dewey demonstrates how the model of the "ideal home" can impart lessons about a model of the "ideal school." It is argued that education should give direction to the student's natural impulses, just as the concerned parent guides the growth of the child. There are at least two ways in which to interpret this argument. One (...) is that home schooling is the ideal form of early education. The other is that school life should emulate family life. Though advocates of home schooling would prefer the former account, the case is difficult to make, for Dewey rarely recommended specific institutions or practices and the interpretation does not align with the book's other thesis that the classroom should be a microcosm for the best that the community has to offer. So, consistent with the overall theme of the work, it is the latter reading, viz., that school life should resemble family life, I contend, that proves more persuasive. School teachers have an ethical responsibility to care for their students' interests and, ideally, to provide a quality of mentorship approaching, if not on par with, that delivered by concerned parents. However, unlike student-centered education, in which educators curry favor with students by appealing to their native interests, what I call Dewey's model of "education as family life" imposes discipline on the student's natural desires, directing them in ways that are intended to enrich their future adult lives. (shrink)

Following a brief summation of the phenomenological method, the paper considers three metaethical positions adopted by phenomenologists and the implications of those positions for a normative ethics. The metaethical positions combine epistemological and ontological viewpoints. They are non-intellectualism and strong value realism as represented by the axiological views of phenomenologists such as Scheler, Meinong, Reinach, Stein, Hartmann, von Hildebrand, and Steinbock; non-intellectualism and anti-realism as represented by the freedom-centered phenomenologies of Sartre, Beauvoir, and Merleau-Ponty; and weak intellectualism and weak value (...) realism as represented by Husserl and Drummond. The paper argues that only the third metaethical view can support a normative ethics that is consistent with the essential features of the phenomenological method, that allows for freedom in an agent’s choosing from a multiplicity of first-order goods, including vocational goods, practical identities, and life plans, available in the agent’s factical circumstances, and that provides norms governing the correctness of our actions and our obligations to others. The normative dimension is introduced, first, by the requirement that the fulfillment of first-order evaluations and choices be truthful, that is, that the evaluations be appropriate and the actions right. Second, transcendental considerations revealed in the phenomenological analysis of intentional experience disclose a notion of second-order goods of agency that universally bind agents in their exercise of freedom and their dealings with others. (shrink)

This paper provides a phenomenological account of the intentional structure of action. To establish the context, I first distinguish physiological changes and the bodily motions manifesting the...

This paper explores two perspectives in Husserl's recently published writings on ethics and axiology in order to sketch anew a phenomenological account of practical reason. The paper aims a) to show that a phenomenological account of moral intentionality i) transcends the disputes between intellectualist-emotivist and intellectualist-voluntarist disputes and ii) points toward a position in which practical reason has an emotive content or, conversely, the emotions have a cognitive content, and the paper aims b) to show that a phenomenological ethics identifies (...) universal human goods that are, nevertheless, specified differently in varying cultural contexts. (shrink)