Only rarely have feminist theorists addressed the adequacy of just -war theory, a set of principles developed over hundreds of years to assess the justice of going to war and the morality of conduct in war. Recently, a few feminist scholars have found just -war theory inadequate, yet their own counterproposals are also deficient. I assess feminist contributions to just -war theorizing and suggest ways of strengthening, rather than abandoning, this moral approach to war.

The so-called “war on terror” launched by the United States following 9/11 is only the latest in an ongoing strategy of responding to conflict around the world with military violence and armed force. These interventions appear to be premised on a belief that there is no alternative to using violence and armed force to resolve conflicts because human beings have fixed and unchanging identities which are either “with us or against us,” “friends or enemies,” “good or evil.” In contrast, despite (...) the pervasiveness of violent conflict, suffering and human rights violations in their homelands, it is striking to note how a number of prominent Buddhist political and spiritual leaders remain optimistic about the possibilities of positive peace in the world. In exploring the reasons for these differences, I will focus on the views of His Holiness the Dalai Lama, the spiritual and political leader of the government of Tibet in exile and the recipient of the Nobel Peace Prize as well as the congressional gold medal, as well as those of two other Buddhist leaders: Daw Aung Sang Suu Kyi, the democratically elected leader of Burma who has been held under house arrest by the ruling military junta for several years since her election in 1989, and the Vietnamese Buddhist Thich Nhat Hanh, who has worked for peace in his country since the start of the Vietnam War. As I will show, their views reflect starkly different assumptions about human beings, “enemies” in particular, that provide a more constructive framework for resolving conflict situations than those evident in the seemingly automatic resort to armed violence employed by US leaders. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 22 (2002) 222-228 [Access article in PDF] Book Review Buddhism and Ecology: The Interconnection of Dharma and Deeds Buddhism and Ecology: The Interconnection of Dharma and Deeds. Edited by Mary Evelyn Tucker and Duncan Ryuken Williams. Cambridge, Mass: Harvard University Press, 1997. 467 pp. As Mary Evelyn Tucker's foreword explains, this book is part of a series of conferences and publications exploring the relationship between religion and (...) ecology initiated by the Center for the Study of World Religions at Harvard University. The volume is divided into several sections. In the first section, "Overview: Framing the Issues," Lewis Lancaster provides an excellent overview of the important role of religion in relation to ecology in "Buddhism and Ecology: Collective Cultural Perceptions." In addition, he discusses some of the promise and pitfalls of interpreting Buddhism to ascertain its perspectives on nature, the human/nature relationship, and so forth.The first substantive section, "Theravada Buddhism and Ecology," has a focus on Thailand, with essays by Donald Swearer on Thai Buddhist perspectives on nature, and Leslie Sponsel and Poranee Natadecha-Sponsel, entitled "Theoretical Analysis of the Potential Contribution of the Monastic Community in Promoting a Green Society in Thailand." Swearer describes the approaches of two preeminent Thai Buddhist monk scholars and activists, Bhikkhu Buddhadasa and Phra Prayudh Payutto, concluding that these two offer distinct but similarly proenvironmental interpretations of Buddha dharma.The Sponsels' essay is less persuasive. Their thesis is that "the local monastic communities of Thailand have the potential to serve as working models of a green society and that some actually do" (48). The evidence they offer is that "by drawing on the environmental wisdom of the dharma, by serving as a model of a green society, and through the power afforded by their liminal status, local monastic communities have significant potential to contribute to the environmental awareness, information, and ethics of the populace" (Sponsel and Sponsel 53). Since the monastic environment is comprised predominantly of males, however, what contribution do women make to these goals, and how do they become educated into environmental awareness? The authors do acknowledge the gender discrimination of the sangha and recognize both that "one of the concomitants of a green society is gender equity" as well as that the gender bias of the sangha and society in Thailand need to change if a green society is to be realized in Thailand (56). However, assuming that women are equal contributors to environmental destruction as well as the potential for rehabilitation, it would seem to be important to use vehicles for environmental education that provide access to females as well as males, rather than monastic institutions composed exclusively of males (at least the formally recognized ones).However, the Sponsels see the greatest obstacle to the attainment of a green society in Thailand to be "the disparity between Buddhist ideals and teachings, on the one hand, and the actual practices of Buddhists, on the other" (56). The authors note that in reality, Thailand is increasingly becoming an environmental disaster rather [End Page 222] than an ecotopia. Although the authors contend that Buddhism is one of the most important resources for resolving environmental problems in Thailand because of its ability to "penetrate to the very roots of the problems and to find lasting solutions rather than merely treat superficial symptoms and single issues," they have failed to describe what these principles are in any detail other than the doctrine of interdependent origination and care for all sentient beings, as well as failing to demonstrate specifically how monks actually provide an example of a green society. Thus, their "hypotheses" remain largely unproven and unsupported.The third section of the volume, "Mahayana Buddhism and Ecology," focuses on Japan. Paul O. Ingram's essay, "The Jeweled Net of Nature," supports the thesis that Shingon (esoteric) Buddhism, especially that of the Japanese monk and scholar Kukai, offer resources for resolving the environmental crisis (as Graham Parkes also does in a later essay in this section). Beginning from the premise that the dualistic, hierarchical, atomizing, androcentric, and sexist characteristics of Western monotheistic religion and... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 20 (2000) 278-282 [Access article in PDF] Book Review Buddhist Women Across Cultures: Realizations Buddhist Women Across Cultures: Realizations. Edited by Karma Lekshe Tsomo. Albany: State University of New York Press, 1999. Pp. viii + 326. This collection of essays on women in Buddhism largely succeeds in fulfilling Tsomo's goal of documenting "Buddhist women's actual involvement" in the Buddhist tradition (p. 1). Her introduction provides a very (...) informative and well-supported description of the history and current status of Buddhist women around the world, focusing on Asia but including the West as well. In the introduction and in her essays on women in the Tibetan and Himalayan region and in Buddhist and Christian traditions, she provides a feminist critique of gender discrimination in the Buddhist tradition as well as prescriptions for transforming the existing tradition in ways that would make it more egalitarian. These include "consciously validating women's accomplishments," reinterpreting religious texts with gender sensitive lenses, and the ordination of women (pp. 256-257). The essays in the volume as a whole carry forward Tsomo's examination of both sides of the equation of women and Buddhism--that is, how the Buddhist tradition has treated women overall as well as how women have responded to and are working to alter Buddhism, what Tsomo characterizes as "the ongoing process of women transforming and being transformed by, the tradition" (p. 1). The essays highlight a number of dichotomies in the experiences of Buddhist women, the primary one being that of gender disparities in the status and experience of women. Several essays in the collection detail the hardships that Buddhist women encounter because of gender inequalities that persist to the present day, even in Western cultures. Tsomo's essay comparing the experiences of Buddhist and Christian women in particular illustrates that in most areas, gender-based inequalities are more pronounced in Buddhist contexts than in Christian ones. Tsomo observes that [End Page 278] both traditions have fallen short of their egalitarian ideals, expressed within Christianity as the imago dei (creation in the image of God) and in Buddhism as tathagathagarbha (the seed or essence of Enlightenment present in all sentient beings). While noting that both traditions in general permit women to participate in religious practices on an equal basis with men, that neither legally mandates an inferior status for women, and that the highest stage of religious attainment is the same for both genders, Tsomo finds gender discrimination still functioning in both religions: both Buddhism and Christianity traditionally have assigned subordinate roles to women (especially with respect to monastic life), depict females negatively in scriptures, and generally ignore women's contributions to religious life.Despite these similarities, Tsomo thinks that in most respects Christian women have made more progress in securing equal rights to participate in the religious life of their faith than have Buddhist women. The only reason she provides for the greater extent of change in Christianity is that "Christian women have been far more active than Buddhists" (p. 253). Yet she fails to probe the possible reasons for this disparity in respect to the broader cultural, social, and economic differences in Christian and Buddhist contexts that have fostered a more activist and socially acceptable feminism in the former. The greater gender discrimination in Buddhist cultures has less to do with differences between Christianity and Buddhism per se than it does with other aspects of culture. Unfortunately, Tsomo does not develop the thesis she presents in the introduction to this essay that "Christian women have much to learn from the Buddhist tradition with respect to meditation and that Buddhist women have much to learn from Christian women with respect to service to society" (p. 241). Indeed, it is difficult to understand the basis for the latter claim, given Buddhist women's primary roles as service providers in most Buddhist cultures, unless she is speaking of the so-called socially engaged religious movement. If so, then as other scholars have noted, there are impediments to social action within certain interpretations of the Buddhist teachings themselves that would need to be resolved first. A... (shrink)

This essay illustrates the potential of religion to both oppress and empower women, focusing on the role of Buddhism in Thailand in relation to the trafficking of women for the sex industry. After describing a number of ways that traditional Thai Buddhist culture functions to legitimate the trafficking industry, and thereby deny the human rights of women involved in sexual slavery, I draw on the analogy of Christianity in relation to slavery in the ante-bellum American South to make the case (...) that Buddhist teachings have the potential to oppose and condemn practices of sexual slavery as well as to justify and legitimate them. The essay concludes by discussing what are perhaps the most effective sources for empowering women involved in trafficking within the Thai Buddhist tradition. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Portraits of Buddhist WomenLucinda PeachPortraits of Buddhist Women. By Ranjini Obeyesekere. Albany: State University of New York Press, 2001. 231 pp.This book is a translation of part of the Saddharmaratnavaliya (Jewel Garland of the True Doctrine; hereafter SR ), a thirteenth-century Sinhala translation of the Dhammapada (hereafter DA ), a fifth-century Buddhist text. Out of the entire collection of 360 stories contained in the SR, this book includes (...) twenty-six that have women as central characters.The author succeeds in part with her stated purpose to "illuminate the position of women in the early-medieval Buddhist worlds of India and Sri Lanka" as well as to "provide insights into shifting stances over time on issues of sexuality and gender" (p. 1), despite the lack of any necessary correlation between gender images and the actual status of women in a particular social location. As Obeyesekere points out, although the stories themselves are not focused on gender, their contexts in the "everyday world" of their fifth- and thirteenth-century authors do shed light on women's lives and social status. The stories she has selected for the volume portray women in a wide range of roles, including not only the ideal normative ones of wives and mothers, but also those of daughters, courtesans, servants, queens, nuns, and wandering ascetics.Obeyesekere claims that the particularities in these narratives "reflect the status, intelligence, management, and organizational skills of women that were permitted full play in the social worlds to which they belonged" (p. 11). This claim is borne out by several passages in the text, such as the narrative of Kundalakesi, which has a deity state that "it is not men who always have the best stratagems.... [In] certain situations women too know what to do" (p. 120).Furthermore, women's capabilities and talents are sometimes recognized by the men in the narratives. Visakha's grandfather chooses her to escort the Buddha and arrange accommodations for the enormous entourage that accompanied her betrothed. Samavati's adopted father, Ghosaka, unquestioningly accepts her advice on how to organize an alms-hall (to prevent quarreling) and how to deal with the King's (unreasonable) demands. After she has "shed the three evils of belief in self, doubts, and erroneous beliefs and practices," Khujjuttara preaches a sermon "exactly as the Buddha has done" (p. 63) and becomes the teacher of Samavati and her five hundred attendants.However, Obeyesekere also notes the antifeminist elements that are sprinkled throughout the text. The statements in the narrative of Visakha that "women who run are most unattractive" and will meet with criticism and ridicule for having no feminine grace and acting in a manner not befitting for a woman (pp. 84-85) reveals how restrictive gender-role norms were in thirteenth-century Sri Lanka. A woman's body is described as a polluted lump of flesh in the Udeni cycle (a collection [End Page 289] of five related narratives); here the Buddha is said to describe woman's body as a "container with its nine orifices filled with feces and urine" that "I would be disgusted even to wipe my feet on... as I would on a door mat" (p. 12; see also p. 54). Comparisons to women are used to criticize men, as when King Udeni tells King Candapajjota's guards (after the latter king has locked up the former seemingly indefinitely after capturing him) that "Your kind does what even women would not do..." (p. 48). This comparison indicates that women are not honorable and trustworthy, but willing to impose extended and unnecessary suffering on their victims.Other antifeminist elements in the SR include the backhanded compliment to Visakha that "though born a woman (and women are of limited vision), and though forced to associate with people who were of the right caste but held wrong beliefs, yet she herself did not lack vision" (pp. 14, 79). This sentiment about women in general is consistent with the widespread belief in popular Buddhism that men are more highly evolved on the cosmic chain than are women.This view is illustrated in the narrative of Soreyya, who transforms from a male to a female form when he... (shrink)

Scholars have recently suggested the desirability of moving the migrant female subject to the center of the analysis of sex trafficking and other forms of women’s cross-border migration. At first glance, this seems to be a progressive move forward in empowering women and protecting their human rights, especially those who have been trafficked for the sex trade or have otherwise migrated for work in the sex industry. However, putting the victim of trafficking into the center of trafficking analysis also creates (...) new problems, especially for the formulation and implementation of law and public policy. In this paper, I will first discuss some of the factors that favor putting the female migrant subject at the center of anti-trafficking, such as recognition and respect for the autonomy of the person that is at the center of trafficking. I will then discuss some of the problems that such a reconfiguration would entail. (shrink)

What can the "Lotus Sūtra" teach us about social responsibility? This question is explored through the lens of gender by examining the specifically female-gendered images in the "Lotus Sūtra" in order to assess its messages regarding normative gender relations, and the implications of these messages for gender justice in the contemporary world. First, gender imagery in the Lotus is explored. Second, these images are compared with those found elsewhere in the Buddhist tradition in order to provide a clearer assessment of (...) how representative the "Lotus'" messages are regarding gender in Buddhism more generally. Measuring the gender imagery in the "Lotus Sūtra" against that in comparable Buddhist texts reinforces an assessment that this text reflects somewhat ambivalent and contradictory messages regarding women's capacity for Enlightenment. (shrink)

The debate over religious lawmaking pits respect for religious pluralism against moral identity. Peach contends that both sides of the argument are fundamentally flawed and that neither has addressed the gender-based disparities of religious lawmaking. The book offers a pragmatic solution which will respect religious pluralism, moral identity, and gender differences.

This thesis challenges prevailing approaches to religiously-based or influenced laws , and proposes an alternative model that makes religious pluralism, gender, and moral identity central considerations. I focus my analysis around abortion as a case study in order to analyze the gendered dimensions of the issue in addition to other, more well-recognized problems with religious lawmaking. ;My overarching thesis is that the prevalent approaches to religious lawmaking in the Supreme Court's jurisprudence, as well as in liberal and communitarian moral and (...) legal theory, are inadequate. Liberal approaches tend to protect religious pluralism at the expense of the religious identity of lawmakers, whereas communitarian proposals protect the religious morality of lawmakers at the expense of respect for religious pluralism. Both approaches are also inadequate, I contend, because they are premised upon faulty conceptions of moral identity, and fail to adequately consider the potential of religious lawmaking to perpetuate inequalities based on gender as well as religion. My arguments regarding deficiencies in these approaches are reinforced with empirical evidence regarding abortion views held by American religious groups, as well as the self-descriptions of a number of lawmakers regarding the influence of religion in their decision making. ;In developing alternative ethical and legal frameworks for addressing religious lawmaking, my analysis proceeds along both theoretical and practical lines. On the theoretical level, I propose that the conceptions of the social self and role-based morality developed by the twentieth century pragmatist philosopher George Herbert Mead, as supplemented by feminist and poststructuralist perspectives, provide the basis for a preferable ethical approach to religious lawmaking. ;On the practical level, I develop a legal framework that requires government in qualified challenges to religious lawmaking to show that the law can be fully supported on the basis of publicly accessible reasons and, in some instances, also by a compelling state interest. I explain how this proposal can accommodate the interests of religious lawmakers in relying on their religious convictions in their political and legal decision making, while insuring that the citizenship rights of their constituents are not thereby harmed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Women Under the Bo TreeLucinda Joy PeachWomen Under the Bo Tree. By Tessa Bartholomeusz. Cambridge, Great Britain: Cambridge University Press, 1994. xx + 284 pp.Tessa Bartholomeusz has made an important contribution to our understanding of Buddhist women with her carefully researched study of the emergence of “pious lay women” or “lay female renunciant” (upasika) as a new category of Buddhists in nineteenth- and twentieth-century Sri Lanka. Bartholomeusz focuses on (...) the period of the nineteenth and twentieth centuries as this period was not only one of a Buddhist revival in Sri Lanka, partially in reaction against European colonialism and its imposition of Christianity on the island, but also the period during which the upasika role developed.Part One of the book traces the historical background of the tradition of female renunciation within Buddhism and its reemergence in the nineteenth century. Part Two describes twentieth-century developments in this tradition up to the date of publication (1994). The author uses a wide variety of documentary sources to describe the various factors that contributed to the emergence of the category of female lay renunciant in Sri Lanka beginning in the nineteenth century: the exclusion of women from full ordination; the rise of Protestant Buddhism, with its belief in the responsibility of the laity for both the welfare of Buddhism and their own salvation (p. 24); the promotion of Buddhism as an anti-Western and anticolonialist [End Page 218] strategy by nationalistic Ceylonese; and the disestablishment of Buddhism, which created a less close-knit relationship between the monastic institution (sangha) and the state.Bartholomeusz does a fine job of describing the relationship between gender stereotypes of women in Sri Lankan society and Buddhist scriptures on the one hand and the actual roles of the lay renunciant women she studies on the other. She describes how the prevailing sexism of Sri Lankan society (and of the Indian society of early Buddhism prior to that) created obstacles for Buddhist women wishing to renounce the world—they are expected to be wives and mothers, and to support the male sangha. Bartholomeusz persuasively describes how the category of upasika developed to fill the gap between householder and full monastic roles for women. The order of fully ordained Buddhist nuns (bhikkunis)—who take ten monastic precepts (dasa sila) in addition to 311 monastic Vinaya rules—established at the time of the Buddha disappeared in Sri Lanka in the eleventh century (and eventually in all Theravada Buddhist countries). Consequently, Buddhist women in these countries are essentially limited to taking lay vows—or taking ordination from nuns in the Mahayana lineage, which, as Bartholomeusz points out, is also quite controversial, especially because it contradicts the view of Sri Lanka as “the bastion of orthodox Buddhism” (p. 14).Lay renunciant women have carefully negotiated their status in relation to both the traditional roles of women in Sri Lankan Buddhism as well as the nineteenth- and twentieth-century efforts by reformers to modernize those roles. Bartholomeusz observes that while maintaining certain elements of women’s traditional social roles as caregivers and nurturers (e.g., p. 152), lay renunciant women have also broken with the traditions of recent centuries by refusing to be satisfied with lives as householders and insisting on their right to renounce lay life—and most in the absence of full monastic vows. It is unfortunate that Bartholomeusz does not address in any depth the implications of the “liminal” status of women lay renunciants (dasa sila mattas) for the status of women in Sri Lanka more generally. Nor does the author provide her own view of whether this intermediate status has provided Sri Lankan women with more or less opportunities and freedoms than held by their Buddhist sisters in other Buddhist countries, especially in Mahayana cultures where full ordination for women exists.Jan Nattier’s analysis of status dissonance and hierarchy in early Indian Buddhism 1 provides a useful framework for considering the various hierarchies of status that Bartholomeusz describes in connection with lay renunciant women. The material that Bartholomeusz presents complexifies this typology. Besides the categories of gender, caste, and seniority that Nattier finds in early Indian Buddhist sutras, Bartholomeusz points to several other status hierarchies, some... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Women Under the Bo TreeLucinda Joy PeachWomen Under the Bo Tree. By Tessa Bartholomeusz. Cambridge, Great Britain: Cambridge University Press, 1994. xx + 284 pp.Tessa Bartholomeusz has made an important contribution to our understanding of Buddhist women with her carefully researched study of the emergence of “pious lay women” or “lay female renunciant” (upasika) as a new category of Buddhists in nineteenth- and twentieth-century Sri Lanka. Bartholomeusz focuses on (...) the period of the nineteenth and twentieth centuries as this period was not only one of a Buddhist revival in Sri Lanka, partially in reaction against European colonialism and its imposition of Christianity on the island, but also the period during which the upasika role developed.Part One of the book traces the historical background of the tradition of female renunciation within Buddhism and its reemergence in the nineteenth century. Part Two describes twentieth-century developments in this tradition up to the date of publication (1994). The author uses a wide variety of documentary sources to describe the various factors that contributed to the emergence of the category of female lay renunciant in Sri Lanka beginning in the nineteenth century: the exclusion of women from full ordination; the rise of Protestant Buddhism, with its belief in the responsibility of the laity for both the welfare of Buddhism and their own salvation (p. 24); the promotion of Buddhism as an anti-Western and anticolonialist [End Page 218] strategy by nationalistic Ceylonese; and the disestablishment of Buddhism, which created a less close-knit relationship between the monastic institution (sangha) and the state.Bartholomeusz does a fine job of describing the relationship between gender stereotypes of women in Sri Lankan society and Buddhist scriptures on the one hand and the actual roles of the lay renunciant women she studies on the other. She describes how the prevailing sexism of Sri Lankan society (and of the Indian society of early Buddhism prior to that) created obstacles for Buddhist women wishing to renounce the world—they are expected to be wives and mothers, and to support the male sangha. Bartholomeusz persuasively describes how the category of upasika developed to fill the gap between householder and full monastic roles for women. The order of fully ordained Buddhist nuns (bhikkunis)—who take ten monastic precepts (dasa sila) in addition to 311 monastic Vinaya rules—established at the time of the Buddha disappeared in Sri Lanka in the eleventh century (and eventually in all Theravada Buddhist countries). Consequently, Buddhist women in these countries are essentially limited to taking lay vows—or taking ordination from nuns in the Mahayana lineage, which, as Bartholomeusz points out, is also quite controversial, especially because it contradicts the view of Sri Lanka as “the bastion of orthodox Buddhism” (p. 14).Lay renunciant women have carefully negotiated their status in relation to both the traditional roles of women in Sri Lankan Buddhism as well as the nineteenth- and twentieth-century efforts by reformers to modernize those roles. Bartholomeusz observes that while maintaining certain elements of women’s traditional social roles as caregivers and nurturers (e.g., p. 152), lay renunciant women have also broken with the traditions of recent centuries by refusing to be satisfied with lives as householders and insisting on their right to renounce lay life—and most in the absence of full monastic vows. It is unfortunate that Bartholomeusz does not address in any depth the implications of the “liminal” status of women lay renunciants (dasa sila mattas) for the status of women in Sri Lanka more generally. Nor does the author provide her own view of whether this intermediate status has provided Sri Lankan women with more or less opportunities and freedoms than held by their Buddhist sisters in other Buddhist countries, especially in Mahayana cultures where full ordination for women exists.Jan Nattier’s analysis of status dissonance and hierarchy in early Indian Buddhism 1 provides a useful framework for considering the various hierarchies of status that Bartholomeusz describes in connection with lay renunciant women. The material that Bartholomeusz presents complexifies this typology. Besides the categories of gender, caste, and seniority that Nattier finds in early Indian Buddhist sutras, Bartholomeusz points to several other status hierarchies, some... (shrink)

Universal Human Rights brings new clarity to the important and highly contested concept of universal human rights. This collection of essays explores the foundations of universal human rights in four sections devoted to their nature, application, enforcement, and limits, concluding that shared rights help to constitute a universal human community, which supports local customs and separate state sovereignty. The eleven contributors to this volume demonstrate from their very different perspectives how human rights can help to bring moral order to an (...) otherwise divided world. (shrink)

The theme of the 6th biennial Radical Philosophy Association Conference, held at Howard University in Washington, D.C. in November 2004, was "Philosophy Against Empire." The U.S. imperial project, pursued by both Republican and Democratic administrations, has many dimensions, including military force and the mechanisms for its legitimation; the global economy and flows of money and people across borders; and biopolitics, or the disciplining of bodies through the micro-mechanisms of power apart from traditional forms of sovereignty. These issues are explored in (...) depth in these collected and revised essays from the Conference, along with the forms of subjectivity that can resist and respond to the alienation produced within and by the imperial project, toward the creation of an alternative global order. Authors include Karsten Struhl, Ann Ferguson, Edmund Byrne, David Cormier, Harry Targ, Jo-Ann Pilardi, Lucinda Joy Peach, Devin Zane Shaw, Tzuchien Tho, Eduardo Mendieta, Richard Schmitt, Richard Jones, Richard Peterson, Peter Amato, William McBride, Omar Dahbour, Kory Schaff, David Schweickart, and Carol Gould. (shrink)

The tensions between monarchy and republicanism are a dominant feature of Machiavelli’s political works, and both the so-called ‘monarchical’ work, The Prince, and the more overtly republican Discourses laud the benefits of republicanism and warn against relying on hereditary monarchy. This article compares Machiavelli’s proposals, advanced in 1520, for a mixed constitution for the city of Florence with those of his younger compatriot, Donato Giannotti, who became secretary to the Ten in the last Florentine republican government of 1527-30. As the (...) historical context changed, and Florence progressed from republic to absolutist duchy under the later Medici, Giannotti was exiled from the city and the article examines how his proposed reforms of 1528 and then his major work, Della republica fiorentina, drafted and redrafted between 1531 and 1538 as the politics of Florence changed, reinforce and expand Machiavelli’s views of politico vivere in a republican polity like Florence whose constitution was being dramatically rewritten. (shrink)

Recent efforts to talk about the self in a postmodern dialect have created a dilemma: How can one conceptualize the human self as multiple, fluid, contextual, and radically relational while also maintaining that it is intentional, private, focused, and accountable? Creative Dwelling weaves elements of feminist psychology and process theology into a dynamic interdiscplinary dialogue about human subjectivity. The result brings a new coherence and vitality to our search for more inclusive and adequate ways of understanding our humanity. The theologicl (...) implications are profound: the dynamics of empathy and clarity impel the author to reframe characteristics of the divine nature, sin, salvation, and spirituality. The book culminates in a study of "dwelling" as a new, iconoclastic, and visionary metaphor for our experiences of the ever-emerging self. (shrink)

Jacob Böhme (1575–1624) has been recognized as one of the internationally most influential German authors of the Early Modern period. Even today, his writings continue to impact fields as diverse as literature, philosophy, religion and art. Yet Böhme and his reception remain understudied. As a lay author, his works were often suppressed and circulated underground. Borrowing Böhme’s idea of “three worlds” or planes of existence, this volume traces the transmission of his thought through three stations: from his first underground readers (...) in Central and Eastern Europe, to the Netherlands, where most of his writings were first published, to Britain, where early translations made him a popular author for generations to come. Drawing on the work of both established and younger researchers from around the world, this volume charts new territory. It fills many lacunae and reveals a number of exciting discoveries, especially regarding the production and diffusion of manuscripts and previously overlooked sites of engagement. This book will be of interest to a wide range of scholars interested in the development of philosophical, religious, literary and artistic thought from the 17th century to the present day. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather (...) than simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

Several arguments have been put forward about the benefits of young people carrying out their own social science research in terms of empowering their voices and their participation. Much less attention has been paid to investigating the understandings young people develop about the research process itself. Seven twelve-year olds carried out self-directed social science research into a topic of their choice. Towards the end of their six months experience, we used a questionnaire and follow-up semi-structured interviews to investigate, from a (...) sociocultural perspective, what the young people thought about being a researcher. Thematic analysis of the interviews identified three themes and eight subthemes suggesting that they were aware of: the need to demonstrate researcher/research integrity ; the need for good interpersonal skills and standards, and good self-management skills (be resilient, agentic, committed and go... (shrink)

Ender’s Game, Orson Scott Card’s award-winning 1985 novel, has been discovered and rediscovered by generations of science fiction fans, even being adopted as reading by the U.S. Marine Corps. Ender's Game and its sequels explore rich themes — the violence and cruelty of children, the role of empathy in war, and the balance of individual dignity and the social good — with compelling elements of a coming-of-age story. Ender’s Game and Philosophy brings together over 30 philosophers to engage in wide-ranging (...) discussion on issues such as: the justifiability of pre-emptive strikes; how Ender’s disconnected and dispassionate violence is mirrored in today’s drone warfare; whether the end of saving the species can justify the most brutal means; the justifiability of lies and deception in wartime, and how military schools produce training in virtue. The authors of Ender’s Game and Philosophy challenge readers to confront the challenges that Ender’s Game presents, bringing new insights to the idea of a just war, the virtues of the soldier, the nature of childhood, and the serious work of playing games. (shrink)

Scholars of color have been instrumental in advancing nursing knowledge development but find limited spaces where one can authentically share their philosophical perspective. Although there is a call for antiracism in nursing and making way for more diverse and inclusive theories and philosophies, our voices remain at the margins of nursing theory and philosophy. In nursing philosophy, there continues to be a lack of racial diversity in those who are given the platform to share their scholarship. Five nurse scholars of (...) color attended the International Nursing Philosophy Conference in August 2022. We established a collective system of support by sharing our experiences as researchers, scholars, and educators with each other. The theory of emancipatory nursing praxis informed this process. In this dialogue, we reflected on what it is like to present at and attend predominantly white nursing conferences. We shared our experiences of how we exist as nurse scholars, our philosophical views, and our thoughts on how we create spaces where scholars of color can feel welcomed and acknowledged for their contributions to advancing nursing knowledge. (shrink)

The imaginary scenarios that appear in nearly every work of the later Wittgenstein – ones involving laughing cattle, disembodied eyes that see, and the like – are decidedly absent from the Tractatus. What necessitated this change in methodology? A comparison of the Tractatus with the Philosophical Remarks, Wittgenstein's first major work after his return to philosophy, reveals that these devices are the product of something old and something new. The rationale for these devices is already present in the notion of (...) a “propositional variable,” but Wittgenstein had little use for them until he rejected the phenomenological language and laconic style of the Tractatus. (shrink)

Black women are 3–4 times more likely to die from a pregnancy‐related complication and twice as likely to experience severe maternal morbidity when compared to white women in the United States. The risks for pregnancy‐related maternal mortality are well documented, yet Black women's experiences of life‐threatening morbidity are essentially absent in the nursing literature. The purpose of this interpretive phenomenological study was to understand the experiences of Black women who developed severe maternal morbidity. Face‐to‐face, one‐to‐one, in‐depth conversational interviews were conducted (...) with nine Black women who experienced life‐threatening complications during childbirth or postpartum. Five essential themes emerged (1) I Only Know What I Know; (2) How You Cared for Me; (3) Race Matters; (4) Faced with Uncertainty; and (5) Still Healing. These themes illuminate the complexity of Black women's subjective interpretations of severe maternal morbidity, and reveal ways in which racism, not race, places Black women at risk for poor maternal health outcomes. The author envisions greater equity for Black mothers entrusted to nursing care, guided by nursing theories informed by these study findings. (shrink)

Increasing numbers of news organizations have formal codes of ethics for their personnel. This paper looks at the content of media ethics codes, how these codes are written and what comprises a news organization's fixed value system. Results show that many written policies were devised in recent years, and a noticeable number of other news organizations said they have firmly established unwritten policies. The written codes represented in this survey clearly draw lines around certain activities and label them as acceptable (...) or unacceptable for journalists. Teaching, unpaid appearances (such as on a television talk show), and participation in charitable activities are outside interests more acceptable than political activities in behalf of another person, or holding elected or appointed office. Certain activities which remain as unfinished business include: uniformity of enforcement, management ethics, financial interests, and spouse or friend conflict of interest. (shrink)

Also contains the Burnet/Hutcheson correspondence.

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length (...) in “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

THIS ARTICLE WAS ORIGINALLY GIVEN IN A SYMPOSIUM HONORING ROBERT L PATTERSON, AT THE MEETING OF THE SOCIETY FOR PHILOSOPHY OF RELIGION IN SAVANNAH, GEORGIA, FEBRUARY 24, 1977. IT CLAIMS THAT HIS PHILOSOPHICAL METHODOLOGY IS MORE INCLUSIVE, VARIED, AND POWERFUL THAN HIS OWN DESCRIPTION OF IT AS "THE A PRIORI METHOD" WOULD INDICATE. A SURVEY OF PATTERSON’S WORKS, A COMPARISON WITH RICHARD PRICE’S CRITICISM OF DAVID HUME ON MIRACLES, AND COMPARISON AND CONTRAST WITH JOHN LOCKE AND W E CHANNING, SHOW (...) THAT PATTERSON’S METHODOLOGY INCLUDES ASPECTS THAT ARE LOGICAL, EPISTEMOLOGICAL, A PRIORI, A POSTERIORI, SEMANTIC, ADOPTIVE, CONDITIONAL, COMPARATIVE AND PERSPECTIVAL. (shrink)

The exculpatory rhetorical power of the term “honest belief” continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a “belief” in consent was or was not reckless or wilfully blind. An accused's “honest belief” routinely begs this question, leading to a truncated analysis of criminal (...) responsibility, and error. The problem illustrates how easily old rhetoric perpetuates assumptions that no longer have a place in Canadian law. (shrink)

Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations.

This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...) worldwide phenomena, the international scholarly literature reflects limited awareness of these developments in Canadian law. This article remedies that gap in the literature. The Canadian experience with the definition of sexual consent as communicated “voluntary agreement” demonstrates the value of this conceptualization of consent; the definition provides a well-defined set of nondiscretionary reference points for legal analysis of the facts in sexual assault offenses. The effect is to facilitate effective enforcement of the sexual assault laws and affirm the right to sexual autonomy, sexual self-determination, and equality, consistent with fundamental principles of individual human rights. For all these reasons, familiarity with the Canadian experience may be useful to those engaged with the reform of rape and sexual assault laws in other jurisdictions. (shrink)

This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is a collective societal (...) responsibility, the individual cannot be justly rewarded or punished for his or her choices with respect to life, well-being and essential commodities insofar as these choices are justified or excused by standards of substantive justice. Societal conditions and institutional arrangements should be recognized as grounds for justification and excuse because they may impose limits and constraints on the choices available to an individual that are as unavoidable and compelling as those imposed by chance or by another human being. (shrink)

The availability of the defence of belief in consent under section 265(4) is a question of law, subject to review on appeal. The statutory provision is based on the common law rule that applies to all defences. Consideration of the defence when it is unavailable in law and failure to consider it when it is available are both incorrect. A judge is most likely to avoid error when ruling on availability of the defence if the ruling: (1) is grounded on (...) sound analysis of the substantive basis for the defence and its relationship to the principles of criminal responsibility; and (2) uses precise legal criteria to govern practical application of section 265(4) to the evidence in specific cases. The guidelines proposed in Part I are based on analyses of the substantive defence and culpable awareness and were developed to ensure that appropriate criteria are properly used when section 265(4) is applied. When a trial judge rules that the defence is available in law, the trier of fact must determine whether the defence is available on the facts as found, based on the evidence in the case. The model jury instructions proposed in Part II are designed to ensure that deliberations by the trier of fact are also guided and shaped by appropriate legal criteria. At both stages, the objective is to ground the deliberation process on fact, not fiction, and to regulate the exculpatory effect of the defence by using legal norms to exclude excuses based on extra-legal considerations such as sexual/racial fantasy, stereotype and myth, or community attitudes and custom. (shrink)

The practice of screening potential users of reproductive services is of profound social and political significance. Access screening is inconsistent with the principles of equality and self-determination, and violates individual and group human rights. Communities that strive to function in accord with those principles should not permit access screening, even screening that purports to be a benign exercise of professional discretion. Because reproductive choice is controversial, regulation by law may be required in most jurisdictions to provide effective protection for reproductive (...) rights. In Canada, for example, equal access can, and should be, guaranteed by federal regulations imposing strict conditions on the licences of fertility clinics. (shrink)