This article examines three divergent constructions about the salience of legal gender in lay people’s everyday lives and readiness to decertify gender. In our interviews (and survey data), generally participants minimised the importance of legal gender. The central argument in this article is that feminist socio-legal scholars applying legal consciousness studies to legal reform topics should find scrutinizing the construction of interview talk useful. We illustrate this argument by adapting and applying Ewick and Silbey’s (1998) ‘The Common Place of Law: (...) Stories from Everyday Life', ‘before’, ‘with’ and ‘against’ typology to interview talk about legal gender, and critique their cognitivist approach by offering a constructionist alternative. In our analysis, we offer a detailed discursive explication of three key legal consciousness themes. These themes offer a balanced representation of a dataset problematically ‘skewed’ towards sex-based rights feminist perspectives, namely that ‘before’ legal gender is an anti-decertification account, decertification would be risky for natal females; a ‘with’ legal gender construction is neither for nor against decertification per se, though the impact of decertification is produced in accounts as limited and unimportant; and ‘against’ legal gender is a pro-decertification classification, as not abolished legal gender is constructed as harmful to already marginalised groups. In concluding, we explore the reasoning for the lack of readiness for decertification currently, and return to the value of examining the construction of lay discourse about legal matters as talk is a form of social action. We suggest that applying discursive analysis to themes in legal consciousness studies enables a refocusing on the how rather than purely the what of divergent legal consciousnesses, and that this approach is a fruitful addition to feminist socio-legal studies. (shrink)

Negative people/wildlife interaction has raised public interest in wildlife population control. We present a contingent valuation study of alternative deer control measures considered for Hilton Head Island, SC. Lethal control usig sharpshooters and nonlethal immuno-contraception techniques are evaluated. A mail-back survey was used to collect resident willingness-to-pay information for reduced deer densities and consequent property damage. Residents are unwilling to spend more for the nonlethal alternative. The estimated WTP appears theoretically consistent as increasing levels of abatement for both lethal and (...) nonlethal alternatives demonstrate diminishing marginal benefits. Over 60% of respondents bid zero regardless of control measure, suggesting a referendum would fail. However, only half of these zero bidders expressed no problem with deer, while the other half bid zero because of distaste for the control alternative, safety concerns, or doubt about effectiveness. Inclusion of these responses as legitimate zero bids depressed mean WTP estimates from 22 to 31%. (shrink)

La vie et les oeuvres de J. H. Newman ont suscité de nombreux et importants travaux. L'étude de l'homme lui-même a servi de thème à plusieurs ouvrages ; on a cherché à discerner dans son tempérament la raison de l'originalité de son œuvre ou de l'étendue de son influence ; ailleurs on nous a fait connaitre l'historien, le philosophe, le théologien, mais de tous ces Newman divers, l'éducateur est resté le plus ignoré. Cette constatation fut le point de (...) départ de la présente étude. Or l'éducation, cette activité privilégiée, a si bien été le centre même de la vie de Newman, qu'à elle nous devons non seulement un de ses chefs-d'œuvre les plus achevés, (malheureusement trop peu connu de ceux qui se réclament du Newman du Développement ou de l'Assentiment, voire de celui de l'Apologia), mais presque toutes ses œuvres. Il n'a que bien rarement, peut-être jamais, écrit pour écrire ; il a écrit pour enseigner, et à son âme d'éducateur est dû le caractère particulier de son oeuvre. (shrink)

This paper briefly surveys the intellectual context of the lecture “The Office of Justifying Faith" by John Henry Newman. Newman is an outstanding English theologian, writer and philosopher, who had a great influence on the development of the Anglican and Roman Catholic churches in the 19th and 20th centuries. Newman became one of the leaders of the so-called Tractarian Movement. Tractarians offered a radically new understanding of the relation between the Anglican Church and other ecumenical churches. The (...) most famous expression of this rethinking was the branch theory. According to this theory, the Anglican Church is one of the three branches of a single universal Church alongside the Roman Catholic and Orthodox churches. According to the Newman's doctrine of via media, Anglican Church represents the middle way between Roman Catholic Church and Protestant Churches. In the “Lectures on Justification" published in 1838, Newman applies the doctrine of via media to the set of problems that concern the Christian idea of justification. The lecture “The Office of Justifying Faith" is in this sense a very characteristic example of the doctrine of via media. Here Newman demonstrates the difference between the doctrines of the Anglican Church about the relationship between justification and faith and the doctrine of the Protestants about justification by faith only. (shrink)

Patient centred diagnosis is best practised through shared decision making; an iterative dialogue between doctor and patient, whichrespects a patient’s needs, values, preferences, and circumstances. -/- Shared decision making for diagnostic situations differs fundamentally from that for treatment decisions. This has important implications when considering its practical application. -/- The nature of dialogue should be tailored to the specific diagnostic decision; scenarios with higher stakes or uncertainty usually require more detailed conversations.

R. S. Peters never explicitly talks about wisdom as being an aim of education. He does, however, in numerous places, emphasize that education is of the whole person and that, whatever else it might be about, it involves the development of knowledge and understanding. Being educated, he claims, is incompatible with being narrowly specialized. Moreover, he argues, education enables a person to have a different perspective on things, ‘to travel with a different view’ [Peters, R. S. (1967). What is an (...) educational process? In R. S. Peters (Ed.), The concept of education (pp. 1–23). Routledge and Kegan Paul]. In asserting this about education, Peters has more in common with another great English educator, John Henry, Cardinal Newman, than one might expect, given they are separated by about a century and start from different philosophical perspectives, namely Kant to a significant degree in the former and Aristotle in the latter. Both nevertheless acknowledge the importance of reason and its development in any education worthy of the name. I will argue that in describing the ‘educated person’ Peters is not far from the view of Newman, who saw education as being about the ‘enlargement of mind’. Although Newman hesitates to call ‘enlargement of mind’ wisdom, and Peters does not use either term, there are good grounds for proposing that in distinguishing between education and training, and in asserting education is moral education because it is concerned to improve persons, Peters acknowledges the higher purposes of education and hence, we can add, its connection with wisdom. Significantly, what such a reading of Peters emphasizes is his insistence on the intrinsic value of education, a view seemingly lost in modern market-driven conceptions of education. (shrink)

Présentation de cinq grands intellectuels catholiques. Réflexion sur la foi et la raison. Essai engagé et sujet à débat.

The article examines the influence of Aristotelian rhetorical theory on the epistemology of Newman. This influence is established on historical grounds and by similarity of content. Specifically, the article sheds light on how the rhetorical notions of ethos, logos, and pathos are all implicitly incorporated into Newman’s theory of knowledge concerning the concrete. The section on rhetorical ethos focuses on Newman’s appeal to the “prudent man.” Concerning logos, particular attention is paid to the rhetorical enthymeme and in (...) what sense Newman’s method of argument can justifiably be described as enthymematic. Pathos, in turn, is shown to be significant for the way in which Newman views the subjective dimension of the individual’s coming to knowledge. The rhetorical rationality that emerges sets the stage for clarifying, in another context, other more theological themes in Newman’s writings, such as his religious apologetic, his understanding of tradition, and even his Christology. (shrink)

Do the rich descriptions and narrative shapings of literature provide a valuable resource for readers, writers, philosophers, and everyday people to imagine and confront the ultimate questions of life? Do the human activities of storytelling and complex moral decision-making have a deep connection? What are the moral responsibilities of the artist, critic, and reader? What can religious perspectives—from Catholic to Protestant to Mormon—contribute to literary criticism? Thirty well known contributors reflect on these questions, including iterary theorists Marshall Gregory, James Phelan, (...) and Wayne Booth; philosophers Martha Nussbaum, Richard Hart, and Nina Rosenstand; and authors John Updike, Charles Johnson, Flannery O'Connor, and Bernard Malamud. Divided into four sections, with introductory matter and questions for discussion, this accessible anthology represents the most crucial work today exploring the interdisciplinary connections between literature, religion and philosophy. (shrink)

The Grammar of Assent is at first sight a baffling book. It has no preface, and its opening sentences are dry and forbidding. Yet once Newman’s purpose is grasped, its whole drift becomes clear. Aldous Huxley remarked long ago that “Newman’s analysis of the psychology of thought remains one of the most acute, as it is certainly the most elegant, which has ever been made”. One opens Father Boekraad’s study hoping that at last this want of an introduction (...) has been supplied, but alas! one is doomed to disappointment. His book has many merits, but one grave defect—it is obscure. It has to be read two or three times before it can be understood. If then, the Grammar of Assent itself is at first sight obscure, here we have a case of ‘obscurum per obscurius’. This is a great pity, because Father Boekraad is full of enthusiasm for his subject, and has devoted great pains to it. He has been able to study Newman’s unpublished papers in Birmingham, under the guidance of Father Henry Tristram, and publishes apposite and valuable extracts from them. (shrink)

Es impresionante la aportación del Bto. John H. Newman para la renovación de la teología católica y de la vida misma de la Iglesia. Desde su confesión anglicana y con una rectitud ejemplar de conciencia, luchó incansablemente en la búsqueda de la verdad, como lo atestigua en la Apología pro vita sua. Próximo a ingresar en la Iglesia católica, quiso hacerlo tras una ardua reflexión de la fe y la razón. Llegó a la conclusión de que las afirmaciones católicas, (...) que los protestantes rechazan como añadidura ilegítimas a la doctrina neotestamentaria, son en realidad verdaderos desarrollos de esta doctrina y por lo mismo, dignos de nuestra aceptación. Esta es la conclusión de su Ensayo sobre el desarrollo de la doctrina cristiana, que comentamos en este artículo. El Concilio Vaticano II acogió esta conclusión (DV 8). El Bto. J. H. Newman, como miembro del Oratorio de S. Felipe Neri, desarrolló una fecunda labor en pro de la educación católica y de la integración del laicado en la misión de la Iglesia. (shrink)

This revised version of Price's 1960 Gifford Lectures in two series at Aberdeen University presents an extensive analysis of the concept of belief and related problems. The author begins by exploring different senses of knowledge. He continues to examine some logical peculiarities of expressions about believing and knowing, of relationships between the two types of expressions, and remarks on the performatory aspects of the relevant expressions. Connections between believing, and the bearing on beliefs of perceptual evidence, self-consciousness, memory and testimony (...) are examined. The results of this examination are applied to introduce systematic distinctions and concepts, which are made constitutive of the concept of belief. The notion of degrees of belief is introduced. The problem of degrees of assent is examined in the context of Newman's criticisms of Locke's view. Specific theories of belief are surveyed, beginning with Hume's theory, and two traditional occurrence analyses of belief are touched upon. The first series is concluded with a brief examination of Descartes' and Hume's views on freedom of assent. The second series examines various dispositional analyses of belief; the notions of believing and "acting as if" are compared, and the connection between inference and assent examined. The notion of half-belief is reviewed, along with Newman's distinction between real and notional assent, and James' self-verifying beliefs. The second series concludes with a discussion of moral beliefs and feelings; belief "in" and belief "that" are compared, and the possibility of a rapprochement between religious belief and empiricist philosophy is examined. While the author offers no full-blown theory of belief--and does not purport to do so--he provides a most informative discussion of the matrix of epistemological and psychological problems called belief, offers new criticisms of both older and present-day views on persisting problems for belief-analysis, and refines these views with new distinctions and concepts.--J. R. H. (shrink)