This article discusses three main orientations in recent works of legal and political theory about the family-contract-based, community-based, and rights-based-and argues that none of these takes adequate account of two paradoxical features of family life and of the family's relationship to the state. A coherent political and legal theory of the family in the contemporary United States requires recognition of the relational rights and responsibilities intrinsic to family life.

In the second book of Soliloquia, Augustine queries: what is ‘true’ and what is ‘false’. Through the examination, Augustine (Ratio) expresses the idea that ‘true’ is that which exists. Therefore, whatever exists is true; nothing will be false. But then, what is ‘false’? This paper will first clarify that the examination of ‘false’ in Soliloquia relates to Augustine’s awareness of the problem of sin. Already in Soliloquia, Augustine finds that the soul can have in itself the cause of sin so (...) as to be unable to have the truth. Secondly, the author examines how the epistemology of falsehood is developed in the early Augustine by examining his articles after Soliloquia, focusing on the concept of lying in De Genesi contra Manichaeos and De vera religione. This will show that Augustine's understanding of falsehood and lying is related to his soteriology. Thirdly, the paper focuses on q. 63 of De diversis quaestionibus LXXXIII, in order to clarify what Augustine thinks about the relationship between God and human soul, where Augustine notes the significance of knowing and confessing sin as the means of cooperative salvation already described in his early works. (shrink)

The Sundanese inhabiting West Java, the second largest ethnic group in Indonesia, are characterized by a high prevalence of child malnutrition, together with high fertility. Based on an anthropometric measurement and interview survey of 310 children aged 5s body weight, and one SES factor, i.e. mother’s occupation, were selected as the predictors of the two Z scores by regression analysis, indicating more significant effects of the biological factors than the other factors. This pattern is judged to occur in less-developed and (...) high-fertility populations. Since these two Z scores were worse in the subject children than in the under-5-year-old children from the same village, more attention should be paid to the long-lasting effects of birth-related biological factors up to pre-adolescent ages, as an insufficient nutritional status tends to damage growth and health in adolescence and adulthood. (shrink)

This study explores the clusters of work–family balance among Japanese middle-aged and older adults and clarifies the characteristics of the derived clusters. Data on working adults were drawn from a pool of participants in the National Institute for Longevity Sciences—Longitudinal Study of Aging. The WFB scale consists of subscales assessing work–family conflict and work–family facilitation. First, a cluster analysis was performed using the WFB scale, and four clusters were extracted. Second, we examined associations between the four clusters and related variables (...) such as demographic characteristics, work, family, and lifestyle factors, social support, and mental health. Our findings showed that the clusters included high-WFC/high-WFF, high-WFC/low-WFF, low-WFC/high-WFF, and low-WFC/low-WFF. Differences were found in related variables among the clusters. Specifically, those in the Low-WFC/High-WFF cluster had a good lifestyle, received the highest levels of social support, and had the fewest mental health issues. Our findings have implications for maintaining sufficient WFB and promoting positive mental health among workers. (shrink)

ExcerptThe reasons why individual nations and even individual people subscribe to notions of human rights vary enormously. Rationales range from idealism to realpolitik and sound in competing registers of theology, social contract, nature, utility, and game theory.1 Pervasive in discussions of human rights is the dignity of each person as both a reality and a normative guide. Capacious and ambiguous, this notion of dignity may invite agreement precisely because different people project different meanings onto it. Its recognition, though, can inspire (...) attitudes of respect and civility even when we disagree. Dignity thus serves less as a foundation and more as a lodestar, an aspiration. Justice Thurgood Marshall once explained, “A child born to a [B]lack mother in a state like Mississippi… has exactly the same rights as a white baby born to the wealthiest person in the United States. It’s not true, but I challenge anyone to say it is not a goal worth working for.”2. (shrink)

Il est constamment fait appel, dans le discours juridique et politique contemporains, à la notion de droits en France, aux Etats-Unis et en beaucoup d'autres lieux. Pourquoi? Comment faire sens de ces usages? Quel rôle exact cette notion joue-t-elle dans le fonctionnement réel du droit positif et comment aide-t-elle à l'analyser? Martha Minow et Robert M. Cover, dans les deux textes traduits dans cet ouvrage, invitent à reprendre la réflexion sur ces sujets.

Should people make demands for justice relating to events occurring in the past, even the distant past? What does and what should happen when they do? These questions frame the problems of historical justice that became especially palpable during the twentieth and early twenty‐first centuries and contributed to innovations in the design and use of tribunals, truth commissions and reparations initiatives. These responses to calls for historical justice deal with objections and difficulties in their own ways. Objections to such innovations (...) include charges that they depart too radically from established legal forms, that they reopen old wounds, that they inevitably rely on stale and partial evidence, that their costs are excessive or divert resources from more pressing needs, and that they do little to prevent future atrocities or to heal social rifts. (shrink)

When we examine the quality of life for each individual, several specific dimensions need to be considered. Health conditions and quality of family relationships are critical. When the individual in question is married, his/her marital quality is important. When he/she has a job, subjective assessment of that job is important. Social relationships regarding friends, neighbors, colleagues, relatives, etc. may be critical also. Although the quality of life is more than the sum of qualities of these specific areas of one's life, (...) it is still determined to a great extent by the qualities of these sub-areas, including marital and family relationships. (shrink)

Japan saw a sharp increase in the number of non-Japanese residents and migrants during the period of its high economic growth in the 1980s and 1990s. This impacted on how the justice system provides language assistance to non-Japanese speaking background parties in investigative interviews and courtroom proceedings. While the number of defendants who received interpreter assistance in Japanese criminal trials hit its peak in 2003, quality of legal interpreting is still a serious issue. In this article, we discuss how the (...) Japanese criminal justice system has approached issues in judicial interpreting in the last four decades by analysing how “court interpreting” and “court interpreters” have been represented in court decisions. By doing so, the paper aims to explore the judiciary’s ideologies about court interpreting and problematise these ideologies in looking towards improvement of language assistance in the Japanese legal system. (shrink)

Book reviewed in this article: Justice, Gender, and the Family. By Susan Moller Okin. Making All the Difference. By Martha Minow.

This study compared 30 older musicians and 30 age-matched non-musicians to investigate the association between lifelong musical instrument training and age-related cognitive decline and brain atrophy. Although previous research has demonstrated that young musicians have larger gray matter volume in the auditory-motor cortices and cerebellum than non-musicians, little is known about older musicians. Music imagery in young musicians is also known to share a neural underpinning [the supramarginal gyrus and cerebellum] with music performance. Thus, we hypothesized that older musicians would (...) show superiority to non-musicians in some of the abovementioned brain regions. Behavioral performance, GMV, and brain activity, including functional connectivity during melodic working memory tasks, were evaluated in both groups. Behaviorally, musicians exhibited a much higher tapping speed than non-musicians, and tapping speed was correlated with executive function in musicians. Structural analyses revealed larger GMVs in both sides of the cerebellum of musicians, and importantly, this was maintained until very old age. Task-related FC analyses revealed that musicians possessed greater cerebellar-hippocampal FC, which was correlated with tapping speed. Furthermore, musicians showed higher activation in the SMG during MWM tasks; this was correlated with earlier commencement of instrumental training. These results indicate advantages or heightened coupling in brain regions associated with music performance and imagery in musicians. We suggest that lifelong instrumental training highly predicts the structural maintenance of the cerebellum and related cognitive maintenance in old age. (shrink)

Previous research suggests that mastering languages with distinct rather than similar rhythmic properties enhances musical rhythmic perception. This study investigates whether learning a second language (L2) enhances the perception of musical rhythmic variation in general, regardless of first and second languages’ rhythmic properties. Additionally, we investigated whether this perceptual enhancement could be alternatively explained by exposure to musical rhythmic complexity, such as the use of compound meter in Turkish music. Finally, it investigates if an enhancement of musical rhythmic perception could (...) be observed among L2 learners whose first language relies heavily on pitch information, as is the case with tonal languages. Therefore, we tested Turkish, Dutch and Mandarin L2 learners of English and Turkish monolinguals on their ability to perceive musical rhythmic variation. Participants’ phonological and working memory capacities, melodic aptitude, years of formal musical training and daily exposure to music were assessed to account for cultural and individual differences which could impact their rhythmic ability. Our results suggest that mastering a second language rather than exposure to musical rhythmic complexity could explain individuals’ enhanced perception of musical rhythmic variation. An even stronger enhancement of musical rhythmic perception was observed for L2 learners whose first and second languages differ regarding their rhythmic properties, as enhanced performance of Mandarin and Turkish in comparison with Dutch L2 learners of English seem to suggest. Our findings provide further support for a cognitive transfer between the language and music domain, which may find its grounds on a common evolutionary basis. (shrink)

My purpose in this paper is to enquire into whether law can forgive. This line of inquiry must be distinguished from other possible avenues of investigation into the relation between law and forgiv...

Voluntary active euthanasia and physician assisted suicide should not be legalised because too much that is important about living and dying will be lostIn the first of this two part series, I unpack the historical philosophical distinction between killing and allowing a patient to die in order to clear up the confusion that exists. Historically speaking the two kinds of actions are morally distinct because of older notions of causality and human agency. We no longer understand that distinction primarily because (...) we have shifted our notions of causality from a traditional formulation to a modern formulation of causality and thus of moral assessment that focuses on the effects of an action. In this essay, I prepare the ground for a companion essay by showing that the traditional formulation allows us to maintain notions of meaning and purpose to human living and dying that are precluded in the efficiency paradigm of modernity. Taken together with the companion essay, I am claiming that voluntary active euthanasia and physician assisted suicide should not be legalised because too much that is important about dying and living will be lost.TWO LIESIt would be naïve to think that euthanasia, in either the VAE sense, or in the more passive sense of PAS, does not happen. It would even be naïve to think that it does not occur in a non-voluntary form. It would be equally naïve, however, to think it could be controlled through governmental regulation. The real question with regard to PAS/VAE, put so eloquently by Martha Minow, is which lie do you countenance: the lie that euthanasia does not already happen, or the lie that it can be controlled without having repercussions well beyond the limits of procedural mastery?1 With this two part paper series, I will argue that the …. (shrink)

School choice has lately risen to the top of the list of potential solutions to America's educational problems, particularly for the poor and the most disadvantaged members of society. Indeed, in the last few years several states have held referendums on the use of vouchers in private and parochial schools, and more recently, the Supreme Court reviewed the constitutionality of a scholarship program that uses vouchers issued to parents. While there has been much debate over the empirical and methodological aspects (...) of school choice policies, discussions related to the effects such policies may have on the nation's moral economy and civil society have been few and far between. School Choice, a collection of essays by leading philosophers, historians, legal scholars, and theologians, redresses this situation by addressing the moral and normative side of school choice.The twelve essays, commissioned for a conference on school choice that took place at Boston College in 2001, are organized into four sections that consider the relationship of school choice to equality, moral pluralism, institutional ecology, and constitutionality. Each section consists of three essays followed by a critical response. The contributors are Patrick McKinley Brennan, Charles L. Glenn, Amy Gutmann, David Hollenbach, S. J., Meira Levinson, Sanford Levinson, Stephen Macedo, John T. McGreevy, Martha Minow, Richard J. Mouw, Joseph O'Keefe, S. J., Michael J. Perry, Nancy L. Rosenblum, Rosemary C. Salomone, Joseph P. Viteritti, Paul J. Weithman, and Alan Wolfe. (shrink)

This essay is my review of the classic TV series, Route 66. It was a classic “buddy movie,” with two young men who tour the country in a gorgeous 1956 Chevy Corvette, staying in various towns and working at various blue-collar jobs. The acting was generally superb, and the scripts were mainly written by the fine script writer Stirling Silliphant, and produced by the famous producer Herbert Leonard. I suggest that this 50-year-old series tells us a lot about cultural change (...) in America during that time. I suggest also that it helps demonstrate that the charge made by a famous cultural critic of the time—Newton Minow, who was Chairman of the Federal Communications Corporation from 1961 to 1963—that this period of commercial TV was a “vast wasteland” was not merely arrogantly elitist, but was in fact patently false. The 1950s and early 1960s saw many amazingly good series in a wide variety of genres. (shrink)

This is an abstract of a discussion of Martha Minow's article "Equalities" in APA Symposium Eastern Division 1991 .

Book reviewed in this article: Justice, Gender, and the Family. By Susan Moller Okin. Making All the Difference. By Martha Minow.

Within the liberal framework, policies designed to rectify inequality generally take two forms: the formal equality option of equal treatment for everyone or the substantive equality option of "special" treatment for those whose difference continues to matter. Martha Minow argues that the framework creates a "dilemma of difference" because each option risks creating or perpetuating further disadvantages for members of oppressed groups. This paper examines the framework and the dilemma by highlighting the relational features of the language of equality (...) and of people who make determinations of equality. Relational insights are used to reexamine feminist work on care ethics, work considered to be hostile to equality analysis and justice theory. By providing a relational critique both of care ethics and of justice theory, I attempt to bring the two closer together by highlighting various connections. Care and justice are not entirely or always in opposition, but they inevitably interact and intertwine in ways that allow new possibilities and ways of being in social relations to emerge. (shrink)

Malcolm Bull. On Mercy. Princeton: Princeton University Press, 2019, 191 pp., $24.95, ISBN 9780691165332Martha Minow. When Should Law Forgive? New York: Norton, 2019, 252 pp., $27.95 (ha...

In this timely, provocative volume, essayists including Susan Moller Okin, Catherine A. MacKinnon, Cass Sunstein, Martha Minow, William Galston, and Sara McLanahan argue positions on sexuality, on the family, and on the proper role of law in these areas.