The aim of this article is to show how a suspect’s statement travels through two stages of the criminal law process: the police interrogation and the trial, exhibited by two modes of production: talk and writing. I first discuss how the suspect’s statement is elicited and written down by the police in the police report; next I consider how the police report is made to form part of a legally adequate case-file; and finally I investigate the ways in which the (...) judge quotes and refers to the police report in his questioning of the suspect during the trial. This step-by-step inspection of the trajectory of the suspect’s statement shows processes of de- and recontextualization. The suspect’s statement is written down so as to enable it to be taken out of one context and inserted into another. This means that old meanings are removed from the suspect’s statement and new meanings are added. In the courtroom, however, the judge treats the suspect’s written statement as his own individual production, irrespective of the interactional environment in which it was elicited. The suspect’s statement is taken out of one context, inserted into another context and treated as independent of context. (shrink)

Ordinarily we tend to take our shared world for granted. The opening stages of kob interviews apparently are occasions where certain selected aspects of this shared world are recapitulated. This activity is typically performed by the interviewer. The absence of response from the applications, other than ‘continuers’, underlines the main function of these token up-dates as ratifications of the state of mutual knowledge that displays the official starting position from which the participation can proceed with their business.Three kins of mutual (...) knowledge are referred to and displayed by the interviewerknowledge about ‘who we are and why we have met’knowledge about previour exchanges of informationknowledge about an ‘excess’ of knowledge of the applicant relative to the point reached in the procedures.The production of these token up-dates organizes the listenership of the recipients in such a way that a specific move by the interviewer is exptected, depending on the kind of knowledge that is mentioned.A display of knowledge about ‘who we are and why we have met’ is followed by a prolonged speech by the interviewer about the vacancy.A display of knowledge about previous exchanges of information is followed by the interviewer asking a question about that information, or about the ‘completeness’ of that information, depending on whether it concerns information about the applicant or information about the vacancy.A display of knowledge about the ‘excess’ of knowledge of the applicant at this stage is followed by a ‘next’ step, that is the step that would have followed the topic to be discussed had the applicant not possessed that knowlegde.The production of token up-dates not only projects an immediate next move. The selection of items brought into the interview in this way also illustrates the concern interviewers have with information, and with the ‘completeness’ of information. It adumbrates the importance of knowledge as the official organizing principle of the coming interview. (shrink)

Without patriarchal laws and legally permitted gender discrimination, it becomes clearer that a powerful draw back to gender equality springs from norms about gender identity, concepts of masculinity and femininity, and tacit rules of interaction between women and men. This article offers a theoretical perspective to analyze hidden power in gender relationships. The conceptualization is based on research into marital power carried out in the Netherlands. The focus of this research was not on the way the “power cake” is divided (...) up between spouses but rather on the operation of power processes and mechanisms that can explain why change toward gender equality in marriage is so slow. (shrink)

This book brings together two traditions of thinking about social ties: sociological theory on solidarity and anthropological theory on gift exchange. The purpose of the book is to explore both how theoretical traditions may complete and enrich each other, and how they may illuminate transformations in solidarity. The main argument, supported by empirical illustrations, is that a theory of solidarity should incorporate some of the core insights from anthropological gift theory. The book presents a theoretical model covering both positive and (...) negative - selective and excluding - aspects and consequences of solidarity. It is concluded that over the past century solidarity has undergone a fundamental transformation, from Durkheim's 'organic' solidarity to a type of solidarity which can be called 'segmented': separate, autonomous social segments connecting with other segments, no longer out of necessity and mutual dependency but on the basis of individual choice. Solidarity has, thereby, become more noncomittal. (shrink)

Visual Agnosia is a comprehensive and up-to-date review of disorders of higher vision that relates these disorders to current conceptions of higher vision from cognitive science, illuminating both the neuropsychological disorders and the nature of normal visual object recognition.Brain damage can lead to selective problems with visual perception, including visual agnosia the inability to recognize objects even though elementary visual functions remain unimpaired. Such disorders are relatively rare, yet they provide a window onto how the normal brain might accomplish the (...) complex task of vision. Visual Agnosia reviews a century of case studies of higher-level visual deficits following brain damage, places them in the general context of current neuroscience, and draws relevant conclusions about the organization of normal visual processing. It is unique in drawing on research in cognitive psychology, computational vision, visual neurophysiology, and neuropsychology to interpret the agnosias and draw inferences from them about visual object recognition.Following a historical account of agnosia research, Visual Agnosia offers a taxonomy of a wide range of agnosia syndromes, describing and interpreting the syndromes in terms of the latest theoretical models of visual processing and ultimately bringing them to bear as evidence on a variety of questions in the study of higher vision.Martha J. Farah is Associate Professor of Psychology at Carnegie Mellon University. Visual Agnosia is included in the Issues in Biology of Language and Cognition series, edited by John Marshall. (shrink)

Beschouwing over het ontstaan en de werking van machtsverschillen tussen de seksen.

The ethics of Aristotle , and virtue ethics in general, have enjoyed a resurgence of interest over the past few decades. Aristotelian themes, with such issues as the importance of friendship and emotions in a good life, the role of moral perception in wise choice, the nature of happiness and its constitution, moral education and habituation, are finding an important place in contemporary moral debates. Taken together, the essays in this volume provide a close analysis of central arguments in Aristotle's (...) Nicomachean Ethics and show the enduring interest of the questions Aristotle raises. (shrink)

Theories of social justice are necessarily abstract, reaching beyond the particular and the immediate to the general and the timeless. Yet such theories, addressing the world and its problems, must respond to the real and changing dilemmas of the day. A brilliant work of practical philosophy, Frontiers of Justice is dedicated to this proposition. Taking up three urgent problems of social justice neglected by current theories and thus harder to tackle in practical terms and everyday life, Martha Nussbaum seeks (...) a theory of social justice that can guide us to a richer, more responsive approach to social cooperation. The idea of the social contract--especially as developed in the work of John Rawls--is one of the most powerful approaches to social justice in the Western tradition. But as Nussbaum demonstrates, even Rawls's theory, suggesting a contract for mutual advantage among approximate equals, cannot address questions of social justice posed by unequal parties. How, for instance, can we extend the equal rights of citizenship--education, health care, political rights and liberties--to those with physical and mental disabilities? How can we extend justice and dignified life conditions to all citizens of the world? And how, finally, can we bring our treatment of nonhuman animals into our notions of social justice? Exploring the limitations of the social contract in these three areas, Nussbaum devises an alternative theory based on the idea of capabilities. She helps us to think more clearly about the purposes of political cooperation and the nature of political principles--and to look to a future of greater justice for all. (shrink)

In this major book Martha Nussbaum, one of the most innovative and influential philosophical voices of our time, proposes a kind of feminism that is genuinely international, argues for an ethical underpinning to all thought about development planning and public policy, and dramatically moves beyond the abstractions of economists and philosophers to embed thought about justice in the concrete reality of the struggles of poor women. Nussbaum argues that international political and economic thought must be sensitive to gender difference (...) as a problem of justice, and that feminist thought must begin to focus on the problems of women in the third world. Taking as her point of departure the predicament of poor women in India, she shows how philosophy should undergird basic constitutional principles that should be respected and implemented by all governments, and used as a comparative measure of quality of life across nations. (shrink)

When cognitive neuropsychologists make inferences about the functional architecture of the normal mind from selective cognitive impairments they generally assume that the effects of brain damage are local, that is, that the nondamaged components of the architecture continue to function as they did before the damage. This assumption follows from the view that the components of the functional architecture are modular, in the sense of being informationally encapsulated. In this target article it is argued that this “locality” assumption is probably (...) not correct in general. Inferences about the functional architecture can nevertheless be made from neuropsychological data with an alternative set of assumptions, according to which human information processing is graded, distributed, and interactive. These claims are supported by three examples of neuropsychological dissociations and a comparison of the inferences obtained from these impairments with and without the locality assumption. The three dissociations are: selective impairments in knowledge of living things, disengagment of visual attention, and overt face recognition. In all three cases, the neuropsychological phenomena lead to more plausible inferences about the normal functional architecture when the locality assumption is abandoned. Also discussed are the relations between the locality assumption in neuropsychology and broader issues, including Fodor's modularity hypothesis and the choice between top-down and bottom-up research approaches. (shrink)

In this critique, Martha Nussbaum argues that our dominant theories of development have given us policies that ignore our most basic human needs for dignity and self-respect.

When cognitive neuropsychologists make inferences about the functional architecture of the normal mind from selective cognitive impairments they generally assume that the effects of brain damage are local, that is, that the nondamaged components of the architecture continue to function as they did before the damage. This assumption follows from the view that the components of the functional architecture are modular, in the sense of being informationally encapsulated. In this target article it is argued that this “locality” assumption is probably (...) not correct in general. Inferences about the functional architecture can nevertheless be made from neuropsychological data with an alternative set of assumptions, according to which human information processing is graded, distributed, and interactive. These claims are supported by three examples of neuropsychological dissociations and a comparison of the inferences obtained from these impairments with and without the locality assumption. The three dissociations are: selective impairments in knowledge of living things, disengagment of visual attention, and overt face recognition. In all three cases, the neuropsychological phenomena lead to more plausible inferences about the normal functional architecture when the locality assumption is abandoned. Also discussed are the relations between the locality assumption in neuropsychology and broader issues, including Fodor's modularity hypothesis and the choice between top-down and bottom-up research approaches. (shrink)

Emotions shape the landscape of our mental and social lives. Like geological upheavals in a landscape, they mark our lives as uneven, uncertain and prone to reversal. Are they simply, as some have claimed, animal energies or impulses with no connection to our thoughts? Or are they rather suffused with intelligence and discernment, and thus a source of deep awareness and understanding? In this compelling book, Martha C. Nussbaum presents a powerful argument for treating emotions not as alien forces (...) but as highly discriminating responses to what is of value and importance. She explores and illuminates the structure of a wide range of emotions, in particular compassion and love, showing that there can be no adequate ethical theory without an adequate theory of the emotions. This involves understanding their cultural sources, their history in infancy and childhood, and their sometimes unpredictable and disorderly operations in our daily lives. (shrink)

_From Naming to Saying_ explores the classicquestion of the unity of the proposition, combining an historical approach with contemporary causal theories to offer a unique and novel solution. Presents compelling and sophisticated answers to questions about how language represents the world. Defends a novel approach to the classical question about the unity of the proposition. Examines three key historical theories: Frege’s doctrine of concept and object, Russell’s analysis of the sentence, and Wittgenstein’s picture theory of meaning. Combines an historical approach (...) with discussion and defense of a contemporary causal theory of the unity of the proposition. Establishes a view compatible with, though not dependent on, a causal theory of meaning. (shrink)

Shepherd propounds a theory of mind with a fair claim to be better than Hume’s at explaining the sources of commonly held human beliefs about causal necessity due largely to her relational theory of sense perception. In comparison with Hume’s account, it incorporates a more sophisticated treatment of mental representation, especially the role of relational structure and logical form. Most important, perhaps, Shepherd’s theory enforces the division, obscured by Hume, between the evidence of necessity and the metaphysical foundation of necessity.

In this volume based on her 2014 Locke Lectures, Martha C. Nussbaum provides a bracing new view that strips the notion of forgiveness down to its Judeo-Christian roots, where it was structured by the moral relationship between a score-keeping God and penitent, self-abasing, and erring mortals.

This book is a study of ancient views about "moral luck." It examines the fundamental ethical problem that many of the valued constituents of a well-lived life are vulnerable to factors outside a person's control, and asks how this affects our appraisal of persons and their lives. The Greeks made a profound contribution to these questions, yet neither the problems nor the Greek views of them have received the attention they deserve. This updated edition contains a new preface.

The eye may be window to the soul, but neuroscientists aim to get inside and measure the interior directly. There's also talk about moving some walls.

_From Naming to Saying _explores the classicquestion of the unity of the proposition, combining an historical approach with contemporary causal theories to offer a unique and novel solution. Presents compelling and sophisticated answers to questions about how language represents the world. Defends a novel approach to the classical question about the unity of the proposition. Examines three key historical theories: Frege’s doctrine of concept and object, Russell’s analysis of the sentence, and Wittgenstein’s picture theory of meaning. Combines an historical approach (...) with discussion and defense of a contemporary causal theory of the unity of the proposition. Establishes a view compatible with, though not dependent on, a causal theory of meaning. (shrink)

This book is a study of ancient views about 'moral luck'. It examines the fundamental ethical problem that many of the valued constituents of a well-lived life are vulnerable to factors outside a person's control, and asks how this affects our appraisal of persons and their lives. The Greeks made a profound contribution to these questions, yet neither the problems nor the Greek views of them have received the attention they deserve. This book thus recovers a central dimension of Greek (...) thought and addresses major issues in contemporary ethical theory. One of its most original aspects is its interrelated treatment of both literary and philosophical texts. The Fragility of Goodness has proven to be important reading for philosophers and classicists, and its non-technical style makes it accessible to any educated person interested in the difficult problems it tackles. This new edition features an entirely new preface by Martha Nussbaum. (shrink)

In "Upheavals of Thought", Martha Nussbaum offers a theory of the emotions. She argues that emotions are best conceived as thoughts, and she argues that emotion-thoughts can make valuable contributions to the moral life. She develops extensive accounts of compassion and erotic love as thoughts that are of great moral import. This paper seeks to elucidate what it means, for Nussbaum, to say that emotions are forms of thought. It raises critical questions about her conception of the structure of (...) emotion, and about her conception of compassion, in particular. Finally, the paper seeks to show how analyzing the structure, as well as the moral value, of the emotions ultimately requires entering the realm of religious ethics. (shrink)

This volume brings together Nussbaum's published papers on the relationship between literature and philosophy, especially moral philosophy.

"--Peter Brooks, Princeton University "This is an important book and a superb piece of writing, combining passionate enthusiasm with calm arguments and informative examples.

Should laws about sex and pornography be based on social conventions about what is disgusting? Should felons be required to display bumper stickers or wear T-shirts that announce their crimes? This powerful and elegantly written book, by one of America's most influential philosophers, presents a critique of the role that shame and disgust play in our individual and social lives and, in particular, in the law.Martha Nussbaum argues that we should be wary of these emotions because they are associated (...) in troubling ways with a desire to hide from our humanity, embodying an unrealistic and sometimes pathological wish to be invulnerable. Nussbaum argues that the thought-content of disgust embodies "magical ideas of contamination, and impossible aspirations to purity that are just not in line with human life as we know it." She argues that disgust should never be the basis for criminalizing an act, or play either the aggravating or the mitigating role in criminal law it currently does. She writes that we should be similarly suspicious of what she calls "primitive shame," a shame "at the very fact of human imperfection," and she is harshly critical of the role that such shame plays in certain punishments.Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references--from Aristotle and Freud to Nazi ideas about purity--and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading case, this is a major work of legal and moral philosophy. (shrink)

Personhood is a foundational concept in ethics, yet defining criteria have been elusive. In this article we summarize attempts to define personhood in psychological and neurological terms and conclude that none manage to be both specific and non-arbitrary. We propose that this is because the concept does not correspond to any real category of objects in the world. Rather, it is the product of an evolved brain system that develops innately and projects itself automatically and irrepressibly onto the world whenever (...) triggered by stimulus features such as a human-like face, body, or contingent patterns of behavior. We review the evidence for the existence of an autonomous person network in the brain and discuss its implications for the field of ethics and for the implicit morality of everyday behavior. (shrink)

This volume brings together Nussbaum's published papers on the relationship between literature and philosophy, especially moral philosophy. The papers, many of them previously inaccessible to non-specialist readers, explore such fundamental issues as the relationship between style and content in the exploration of ethical issues; the nature of ethical attention and ethical knowledge and their relationship to written forms and styles; and the role of the emotions in deliberation and self-knowledge. Nussbaum investigates and defends a conception of ethical understanding which involves (...) emotional as well as intellectual activity, and which gives a certain type of priority to the perception of particular people and situations rather than to abstract rules. She argues that this ethical conception cannot be completely and appropriately stated without turning to forms of writing usually considered literary rather than philosophical. It is consequently necessary to broaden our conception of moral philosophy in order to include these forms. Featuring two new essays and revised versions of several previously published essays, this collection attempts to articulate the relationship, within such a broader ethical inquiry, between literary and more abstractly theoretical elements. (shrink)

In the explosion of recent books on Heidegger, Karl Löwith’s work, now available in an excellent English edition, distinguishes itself by careful historical scholarship and insightful immanent critique. Along with Hannah Arendt, Hans Jonas, and Herbert Marcuse, Löwith was one of Heidegger’s first students; all were later forced into exile by the National Socialist movement their teacher publicly supported for a time. Löwith’s work on the philosophy of history and the nineteenth century is already well known in English; now we (...) can appreciate his evaluation of Heidegger. Invoking Nietzsche’s dictum, “One repays a teacher poorly if one always remains only a pupil”, Löwith here achieves a balanced critique of Heidegger’s thought and its political implications. He avoids both defensive apologies and ad hominem attacks: “Between the two extremes of fascination and repulsion, we are attempting to pursue a critical middle path”. As Richard Wolin explains in the introduction, “Throughout Löwith’s narrative it is not Heidegger’s greatness as a thinker that is in dispute, but the uses to which that greatness allowed itself to be put”. (shrink)