Vulnerability theory as developed in the Vulnerability and Human Condition Initiative is an alternative to a rights-based or social contract paradigm for thinking about foundation concepts of state responsibility. One fundamental premise of the theory is that the individuals and groups currently described as “vulnerable populations” should not be labelled vulnerable, nor should they be sequestered in discreet categories for the purposes of law and policy. This plea for their inclusion in a larger whole is not to deny that discrimination, (...) harm, and relative disadvantage arising from all sorts of circumstances and situations exist. Nor is it to suggest that particular instances of harm should not be addressed by appropriate state action. Rather, it is an argument that “vulnerability” is the wrong concept to use to define and isolate these groups, or any other specific group, from the whole of humanity. Human vulnerability is universal and constant, inherent in the human condition. Recognizing the theoretical mandates of accepting the universal, vulnerability theory presents a “vulnerable subject” as the only appropriate object of law and policy. This inclusive, universal legal subject incorporates the realities of the ontological body and its life-long dependence on social institutions and relationships, building a theory of essential social cohesion and reciprocity in which the state has the responsibility to see that these vital social institutions and relationships operate justly. (shrink)

Martha Albertson Fineman's earlier work developed a theory of inevitable and derivative dependencies as a way of problematizing the core assumptions underlying the 'autonomous' subject of liberal law and politics in the context of US equality discourse. Her 'vulnerability thesis' represents the evolution of that earlier work and situates human vulnerability as a critical heuristic for exploring alternative legal and political foundations. This book draws together major British and American scholars who present different perspectives on the concept of (...) vulnerability and Fineman's 'vulnerability thesis'. The contributors include scholars who have thought about vulnerability in different ways and contexts prior to encountering Fineman's work, as well as those for whom Fineman's work provided an introduction to thinking through a vulnerability lens. This collection demonstrates the broad and intellectually exciting potential of vulnerability as a theoretical foundation for legal and political engagements with a range of urgent contemporary challenges. Exploring ways in which vulnerability might provide a new ethical foundation for law and politics, the book will be of interest to the general reader, as well as academics and students in fields such as jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics. (shrink)

Written by leading experts in the area, this volume investigates the ways in which emerging masculinities theory in law could inform feminist legal theory in particular and law in general. As many of the chapters in this collection illustrate, law is constantly in a dynamic interaction with masculinities: it has both influenced existing masculinities and has been influenced by those masculinities. The contributions focus feminist and critical theoretical attention on masculinities and consider the implications of masculinities theory for law and (...) legal theory. (shrink)

Universal vulnerability provides an alternative to a rights-based and social contract model for state responsibility by contextualizing the individual and revealing the ways in which we are all inherently and dynamically dependent on society and others throughout the life-course. Beginning from the body as an ontological concept, vulnerability theory shows the fallacy of the current obsession in legal and political theory with rationality, individual liberty, and autonomy as measures for assessing social justice. It compels us to ask different questions and (...) emphasize different principles and values than current liberal legal modes of reasoning about state responsibility. (shrink)

At the Boundaries of Law provides a series of non-technical, interdisciplinary explorations into the nature and effects of legal regulation on women's lives. These essays provide a balance to earlier feminist work which stressed formal equality and disallowed discussion of differences. In questioning the concepts of legal thought, these feminists aim to provide an impetus for some long overdue rethinking not only among lawyers, but among social observers, critics, and scholars as well. The book offers a challenge to much of (...) the mainstream literature, thought and methodology in law and the social sciences. (shrink)

The growing presence of women in the legal profession and the prominence of law as a site of feminist social change make the complex interrelationship between the media, feminism, and the law a critical concern across disciplines. Drawing on legal theory, cultural studies, journalism, political science, sociology, and communications, this book presents a collection of essays that explore how the media represents and constructs gender, law, and feminism. Arranged thematically, these twenty-three articles are the work of distinguished academics and activists. (...) The collection begins with a section on "Portrayals of Feminism in the Media", which provides historical background on the media's treatment of feminist issues. The anthology proceeds with sections entitled "Feminism, Law, and Popular Culture"; "Essentializing Gender"; and "Media Images of Violence". Giving fresh and provocative treatments to such complex and topical subjects as hate radio, Anita Hill, popular women's magazines, and the portrayal of women in film and television, Feminism, Media, and the Law is required reading for anyone interested in feminism and its relationship to the media. (shrink)

Contemporary feminist theory by and large agrees on criticizing the traditional, autonomous subject and instead maintains a relational, dependent self, but the vocabulary used to describe the latter remains contested. These contestations are seen in comparing the approach of some feminist legal theory, as demonstrated by Martha Fineman, to the approach of some feminist theory that draws on continental philosophy, as demonstrated by Judith Butler. Fineman's concept of vulnerability emphasizes the universality of vulnerability in the human condition, (...) arguing that a “responsive state” is most conducive to producing subjects who are “resilient” in the face of neoliberal pressures. We argue that vulnerability, as an existential as opposed to a political description, is a limited rubric under which to organize against neoliberal forces. Further, we contend that Fineman's rhetoric of resilience risks reiterating a neoliberal logic of individualized self-management. In response, we look to Butler's concept of precarity, which underscores particular social conditions, as opposed to universal ontological vulnerabilities, that debilitate certain subjects. At stake is how we respond to neoliberal forces today: a vocabulary of precarity poses a more effective challenge than one of vulnerability, for it opens onto not merely individual or institutional resilience but grounded, communal resistance. (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)

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

Human beings are both needy and dignified. How should we think about the relationship between our neediness and our worth? Card argues well that our vulnerability to luck is intertwined in the very conditions of moral agency. We can see the merit of her approach even more clearly by turning to some difficulties the Stoics have in preserving dignity while removing vulnerability. Stoicism does, however, help us to sort through the difficulties involved as we try to combine love of particular (...) people with respect for all human life. Richardson is correct to suggest that love itself can animate the concern for all humanity; I also agree with him that institutions must play a major role in any solution to problems of inequality between nations. Although the “capabilities approach” offers an attractive account of one part of the goal of just political institutions, combining, as Moody‐Adams suggests, respect for difference with a commitment to universal norms, I now believe that the capabilities account should be combined with a form of Rawlsian political liberalism that protects spaces within which citizens may pursue the good as they understand it. (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)

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)

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)

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.

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)

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)

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)

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.

_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.

Ackelsberg investigates women’s activist participation in the National Congress of Neighborhood Women, a Brooklyn association established in 1974–75, which she treats as a model of democratic civic engagement that incorporated differences while avoiding the exclusions of the past. The NCNW assisted poor and working class women in organizing to better meet their needs and those of their communities. It arose in response to the ways women were either ignored or belittled when they attempted to engage in political work both in (...) their communities and beyond. In working with each other, the women found that they needed to address issues of diversity. The programs they created to help build bridges across differences that helped facilitate their successful activism while, simultaneously, broadening their understanding of what constitutes “politics.”. (shrink)

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.