From mass murder to genocide, slavery to colonial suppression, acts of atrocity have lives that extend far beyond the horrific moment. They engender trauma that echoes for generations, in the experiences of those on both sides of the act. Gabriele Schwab reads these legacies in a number of narratives, primarily through the writing of postwar Germans and the descendents of Holocaust survivors. She connects their work to earlier histories of slavery and colonialism and to more recent events, such as (...) South African Apartheid, the practice of torture after 9/11, and the "disappearances" that occurred during South American dictatorships. Schwab's texts include memoirs, such as Ruth Kluger's _Still Alive_ and Marguerite Duras's _La Douleur_; second-generation accounts by the children of Holocaust survivors, such as Georges Perec's _W_, Art Spiegelman's _Maus_, and Philippe Grimbert's _Secret_; and second-generation recollections by Germans, such as W. G. Sebald's _Austerlitz_, Sabine Reichel's _What Did You Do in the War, Daddy?_, and Ursula Duba's _Tales from a Child of the Enemy_. She also incorporates her own reminiscences of growing up in postwar Germany, mapping interlaced memories and histories as they interact in psychic life and cultural memory. Schwab concludes with a bracing look at issues of responsibility, reparation, and forgiveness across the victim/perpetrator divide. (shrink)

The Challenge of the Exception is the key that unlocked the ideas of Carl Schmitt, a leading political theorist and jurist who influenced the thoughts of, among others, Hannah Arendt, Carl Joachim Friedrich, Otto Kirchheimer, Hans Morgenthau, Franz Neumann, and Leo Strauss. Professor Schwab clearly articulates Schmitt's key concepts and relates their centrality to politics and the state, to the political theory of liberalism, democracy and authoritarianism, and to international relations. When Schwab treats Schmitt's interpretations of constitutional questions, (...) for example, he shows how political theory in Germany is inextricably linked with constitutional law, legal theory, and the country's history. Not content to merely deal with Schmitt's profound contributions to twentieth-century thought, Schwab devotes considerable space to the unconscionable compromises that he made with the Third Reich. This, however, failed to help him become the political and legal theorist of Hitler's Germany. Schwab shows how the new Schmitt was suspect from the beginning and, by 1936, Schmitt the hunter had become Schmitt the hunted. Schwab's presentation of the multifaceted Carl Schmitt exposes the reader to a truly interdisciplinary excursion into the humanities and social sciences. (shrink)

“Women and the Law in Irigarayan Theory” by Gail Schwab is a reading of French feminist philosopher Luce Irigaray's writings on law together with texts of American feminist jurisprudence. The first part of the article summarizes many of the conflicts surrounding the concept of equality in American feminist legal thought and attempts to move beyond them with the Irigarayan principle of equivalence or equivalent rights. The second part of the article deals more generally with the symbolic changes that will (...) be necessary in order to change the law, and with the cultural evolution that changes in the law can bring about, and more specifically with two areas of Irigarayan legal theory that are central to cultural change and evolution: the concept of female identity or virginity, and the relationship to the mother. In the conclusion, a new utopian vision of what law might be‐the cultural mediation for an evolved intersubjectivity‐is developed through Irigaray's most recent texts. (shrink)

One of the most significant political philosophers of the twentieth century, Carl Schmitt is a deeply controversial figure who has been labeled both Nazi sympathizer and modern-day Thomas Hobbes. First published in 1938, _The Leviathan in the State Theory of Thomas Hobbes _used the Enlightenment philosopher’s enduring symbol of the protective Leviathan to address the nature of modern statehood. A work that predicted the demise of the Third Reich and that still holds relevance in today’s security-obsessed society, this volume will (...) be essential reading for students and scholars of political science._ __“Carl Schmitt is surely the most controversial German political and legal philosopher of this century.... We deal with Schmitt, against all odds, because history stubbornly persists in proving many of his tenets right.”—_Perspectives on Political Science_ _ _ “[A] significant contribution.... The relation between Hobbes and Schmitt is one of the most important questions surrounding Schmitt: it includes a distinct, though occasionally vacillating, personal identification as well as an association of ideas.”—_Telos_ __ _. (shrink)

This essay lays the groundwork for a novel conception of autonomy that may be called “effective autonomy”—a conception designed to be genuinely action guiding in bioethics. As empirical psychology research on the heuristics and biases approach shows, decision making commonly fails to correspond to people’s desires because of the biases arising from bounded cognition. People who are classified as autonomous on contemporary philosophical accounts may fail to be effectively autonomous because their decisions are uncoupled from their autonomous desires. Accordingly, continuing (...) attempts to value patient autonomy must go beyond existing philosophical conceptions of autonomy to consider the background conditions of human decision making. (shrink)

Epistemic trust is an unacknowledged feature of medical knowledge. Claims of medical knowledge made by physicians, patients, and others require epistemic trust. And yet, it would be foolish to define all epistemic trust as epistemically responsible. Accordingly, I use a routine example in medical practice to illustrate how epistemically responsible trust in medicine is trust in epistemically responsible individuals. I go on to illustrate how certain areas of current medical practice of medicine fall short of adequately distinguishing reliable and unreliable (...) processes because of a failure to systematically evaluate health outcomes. I conclude by articulating the devastating obstacles to the consilience assumption, which takes intellectual character as the standard for epistemic responsibility. (shrink)

Kant’s philosophy is often treated as a closed system, without reference to how it was written or how Kant arrived at its familiar form, the critique. In fact, the style of the critique seems so artless that readers think of it as an unfortunate by-product—a style of stylelessness. In _Constituting Critique_, Willi Goetschel shows how this apparent gracelessness was deliberately achieved by Kant through a series of writing experiments. By providing an account of the process that culminated in his three (...) _Critiques_, this book offers a new perspective on Kant’s philosophical thought and practice. _Constituting Critique_ traces the stages in Kant’s development to reveal how he redefined philosophy as a critical task. Following the philosopher through the experiments of his early essays, Goetschel demonstrates how Kant tests, challenges, and transforms the philosophical essay in his pursuit of a new self-reflective literary genre. From these experiments, critique emerges as the philosophical form for the critical project of the Enlightenment. The imperatives of its transcendental style, Goetschel contends, not only constitute and inform the critical moment of Kant’s philosophical praxis, but also have an enduring place in post-Kantian philosophy and literature. By situating the _Critiques_ within the context of Kant’s early essays, this work will redirect the attention of Kant scholars to the origins of their form. It will also encourage contemporary critical theorists to reconsider their own practice through an engagement with its source in Kant. (shrink)

did plato and aristotle have anything to say about belief? The answer to this question might seem blindingly obvious: of course they did. Plato distinguishes belief from knowledge in the Meno, Republic, and Theaetetus, and Aristotle does so in the Posterior Analytics. Plato distinguishes belief from perception in the Theaetetus, and Aristotle does so in the De anima. They talk about the distinction between true and false beliefs, and the ways in which belief can mislead and the ways in which (...) it can steer us aright. Indeed, they make belief a central component of their epistemologies.The view underlying these claims—one so widespread these days as to remain largely unquestioned—is that when Plato and Aristotle talk... (shrink)

Kant’s critique/doctrine distinction tracks the difference between a canon for the understanding’s proper use and an organon for its dialectical misuse. The latter reflects the dogmatic use of reason to attain a doctrine of knowledge with no antecedent critique. In the 1790s, Fichte collapses Kant’s distinction and redefines dogmatism. He argues that deriving a canon is essentially dialectical and thus yields an organon: critical idealism is properly a doctrine of science or Wissenschaftslehre. Criticism is furthermore said to refute dogmatism, by (...) which Fichte means Spinozism. Schelling repudiates Fichte’s position in his Philosophical Letters by reviving Kant’s distinction. First, ‘critique’ for Schelling names a canon that is valid for all systems—including Spinozism—and thus favours none—not even the Wissenschaftslehre. Second, Schelling coins ‘dogmaticism’ to refer to what Kant calls ‘dogmatism’: reason’s uncritical claim to doctrine. Hence, he says all systems—even Fichte’s—are susceptible to the ‘enthusiasm’ of mistaking themselves for doctrines or ‘objects of knowledge’, instead of subjectively valid ‘objects of freedom’. I reconstruct Schelling’s argument for reviving Kant’s distinction, while noting two consequences for German idealism. First, if criticism favours no system, a system’s origin cannot be an act of knowledge, e.g., intellectual intuition, but only an act of endorsement. Second, if dogmaticism entails enthusiasm, a system’s goal cannot be absolute knowledge, but only infinite striving. Hence, by retrieving Schelling’s notion of dogmaticism, we can both gain a better understanding of the Letters and register the impact of a core Kantian distinction on the German idealist project. (shrink)

This paper examines an ancient debate over the rationality of perception. What leads the Stoics to affirm, and the Epicureans to deny, that to form a sense-impression is an activity of reason? The answer, we argue, lies in a disagreement over what is required for epistemic success. For the Stoics, epistemic success consists in believing the right propositions, and only rational states, in virtue of their predicational structure, put us in touch with propositions. Since they identify some sense-impressions as criteria (...) of truth and thus as the basis for epistemic success, the Stoics maintain that sense-impressions must be rational. The Epicureans agree with the Stoics that sense-impressions function as criteria of truth, and also agree broadly on what it means for a state to be rational, but deny that sense-impressions are rational because (1) they think that epistemic success must be supported by a state that is necessarily error-free and (2) accept that rational states can be false. In reconstructing this debate, we refine the standard interpretation of the fundamental difference between Epicurean and Stoic epistemology and also develop parallels with epistemological debates today. One upshot is a more nuanced appreciation of the merits of Epicurean epistemology vis-à-vis the Stoics. (shrink)

Human microbiome research has revealed that legions of bacteria, viruses, and fungi live on our skin and within the cavities of our bodies. New knowledge from these recent studies shows that humans are superorganisms and that the microbiome is indispensible to our lives and our health. This volume explores some of the science on the human microbiome and considers the ethical, legal, and social concerns that are raised by this research.

Meillassoux seeks knowledge of transcendental reality, blaming Kant for the ‘correlationist’ proscription of independent access to either thought or being. For Meillassoux, correlationism blocks an account of the meaning of ‘ancestral statements’ regarding reality prior to humans. I examine three charges on which Meillassoux’s argument depends: (1) Kant distorts ancestral statements’ meaning; (2) Kant fallaciously infers causality’s necessity; (3) Kant’s transcendental idealism cannot grasp ‘the great outdoors’. I reject these charges: (1) imposes a Cartesian misreading, hence Meillassoux’s false assumption that, (...) for Kant, objects don’t exist without subjects; (2) misreads Kant, who infers causality’s necessity from the possibility of experience; (3) casts Kant’s idealism as subjective, ignoring his perspectival portrayal of it. (shrink)

ABSTRACTSeveral eye-tracking studies have revealed that spider phobic patients show a typical hypervigilance-avoidance pattern when confronted with images of spiders. The present experiment investigated if this pattern can be changed via placebo treatment. We conducted an eye-tracking experiment with 37 women with spider phobia. They looked at picture pairs for 7 s each in a retest design: once with and once without a placebo pill presented along with the verbal suggestion that it can reduce phobic symptoms. The placebo was labelled (...) as Propranolol, a beta-blocker that has been successfully used to treat spider phobia. In the placebo condition, both the fixation count and the dwell time on the spider pictures increased, especially in the second half of the presentation time. This was associated with a slight decrease in self-reported symptom severity. In summary, we were able to show that a placebo was able to positively influence visual avoidance in spider phobia.... (shrink)

Physicians and other medical practitioners make untold numbers of judgments about patient care on a daily, weekly, and monthly basis. These judgments fall along a number of spectrums, from the mundane to the tragic, from the obvious to the challenging. Under the rubric of evidence-based medicine, these judgments will be informed by the robust conclusions of medical research. In the ideal circumstance, medical research makes the best decision obvious to the trained professional. Even when practice approximates this ideal, it does (...) so unevenly. Judgments in medical practice are always accompanied by uncertainty, and this uncertainty is a fickle companion—constant in its presence but inconstant in its expression. This feature of medical judgments gives rise to the moral responsibility of medical practitioners to be epistemically humble. This requires the recognition and communication of the uncertainty that accompanies their judgment as well as a commitment to avoiding intuitive innovations. (shrink)

Written in the intense political and intellectual tumult of the early years of the Weimar Republic, _Political Theology_ develops the distinctive theory of sovereignty that made Carl Schmitt one of the most significant and controversial political theorists of the twentieth century. Focusing on the relationships among political leadership, the norms of the legal order, and the state of political emergency, Schmitt argues in _Political Theology_ that legal order ultimately rests upon the decisions of the sovereign. According to Schmitt, only the (...) sovereign can meet the needs of an "exceptional" time and transcend legal order so that order can then be reestablished. Convinced that the state is governed by the ever-present possibility of conflict, Schmitt theorizes that the state exists only to maintain its integrity in order to ensure order and stability. Suggesting that all concepts of modern political thought are secularized theological concepts, Schmitt concludes _Political Theology_ with a critique of liberalism and its attempt to depoliticize political thought by avoiding fundamental political decisions. (shrink)

Harmful algal blooms in Lake Erie’s western basin are caused in large part by nutrient loss from agricultural production. While use of nutrient management practices is encouraged to reduce agricultural nutrient loss and its consequent environmental impacts, such practices are not universally adopted. This study aims to better understand the factors that influence western Lake Erie basin farmers’ risk perceptions associated with agricultural nutrient loss, and thus further our knowledge of how adoption of nutrient management practices may be increased. We (...) propose a conceptual model to explain the relationships that we hypothesize to influence farmers’ risk perceptions associated with agricultural nutrient loss. Specifically, we consider the roles that farmer conservation identity, farmers’ perceived sufficiency of their nutrient management practices, and land vulnerability to nutrient loss play in influencing risk perceptions. We find that many of the hypothesized relationships are not statistically significant, and that risk perception associated with nutrient loss is primarily driven by farmers’ conservation identities. While farmers’ perceived sufficiency of their nutrient management practices plays some role in governing risk perceptions, we do not observe the hypothesized relationship between land vulnerability to nutrient loss and perceived sufficiency of nutrient management practices. (shrink)

Recollection is central to the epistemology of Plato’sMeno. After all, the character Socrates claims that recollection is the process whereby embodied human souls bind down true opinions (doxai) and acquire knowledge (epistêmê). This paper examines the exchange between Socrates and Meno’s slave to determine (1) what steps on the path to acquiring knowledge are part of the process of recollection and (2) what is required for a subject to count as having recollected something. I argue that the key to answering (...) these questions is to get clear on the kind of process recollection is supposed to be. In particular, I argue that recollection is a process akin to the kind of process Aristotle calls “changes” (kinêseisor incompleteenergeiai). The key feature of such processes is that they aim at an end beyond themselves and are not complete until that end comes about. In the case of recollection, the end is knowledge, but inferior mental states, such as false opinion, puzzlement (aporia), and true opinion can come about because of a process of recollection without making it the case that the subject has recollected anything. I argue that this interpretation provides a textually supported and philosophically coherent understanding of Socrates’ conception of recollection. (shrink)

In this, his most influential work, legal theorist and political philosopher Carl Schmitt argues that liberalism's basis in individual rights cannot provide a reasonable justification for sacrificing oneself for the state. This edition of the 1932 work includes the translator's introduction which highlights Schmitt's intellectual journey through the turbulent period of German history leading to the Hitlerian one-party state. It also includes Leo Strauss's analysis of Schmitt's thesis and a foreword by Tracy B. Strong placing Schmitt's work into contemporary context.

The human microbiome is the bacteria, viruses, and fungi that cover our skin, line our intestines, and flourish in our body cavities. Work on the human microbiome is new, but it is quickly becoming a leading area of biomedical research. What scientists are learning about humans and our microbiomes could change medical practice by introducing new treatment modalities. This new knowledge redefines us as superorganisms comprised of the human body and the collection of microbes that inhabit it and reveals how (...) much we are a part of our environment. The understanding that microbes are not only beneficial but sometimes necessary for survival recasts our interaction with microbes from adversarial to neighborly. This volume explores some of the science that makes human microbiome research possible. It then considers ethical, legal, and social concerns raised by microbiome research. Chapters explore issues related to personal identity, property rights, and privacy. The authors reflect on how human microbiome research challenges reigning views on public health and research ethics. They also address the need for thoughtful policies and procedures to guide the use of the biobanked human samples required for advancing this new domain of research. In the course of these explorations, they introduce examples from the history of biomedical science and recent legal cases that shed light on the issues and inform the policy recommendations they offer at the end of each topic's discussion.This volume is the product of an NIH Human Microbiome Project grant. It represents three years of conversations focused on consensus formation by the twenty-seven members of the interdisciplinary Microbiome Working Group. (shrink)

Plato in the Meno is standardly interpreted as committed to condition innatism: human beings are born with latent innate states of knowledge. Against this view, Gail Fine has argued for prenatalism: human souls possess knowledge in a disembodied state but lose it upon being embodied. We argue against both views and in favor of content innatism: human beings are born with innate cognitive contents that can be, but do not exist innately in the soul as, the contents of states of (...) knowledge. Content innatism has strong textual support and constitutes a philosophically interesting theory. (shrink)

At the end of the Meno, the character Socrates claims that true doxa is distinguished from epistēmē by a working out of the explanation. This chapter argues that working out the explanation consists, for Socrates, in seeing how the fact to be explained is grounded in facts about the natures of the relevant fundamental entities of the domain to which it belongs. It reconstructs the resulting conception of epistēmē. Once that reconstruction is complete, it argues that notions of epistemic justification (...) are out of place in interpreting the Meno. It then appeals to recent work in epistemology to settle the long-standing question of whether Socrates' account of epistēmē is better interpreted as an account of knowledge or as an account of understanding, arguing that it is more charitably taken in the latter way. Moreover, the chapter notes that Socrates' account of epistēmē provides insights that any philosopher interested in the nature of understanding should take seriously. (shrink)

From the beginning, a code of ethics for bioethicists has been conceived of as part of a movement to professionalise the field. In advocating for such a code, Baker repeatedly identifies 'having a code of ethics' with 'professionalization'. The American Society of Bioethics and Humanities echoes this view in their code of ethics for healthcare ethics consultants 1 and the subsequent publication in the American Journal of Bioethics.2 Taking for granted that a code of ethics could be a valuable asset (...) for HCECs, this essay has two aims. First, there are good reasons to doubt that the label 'profession' has significant meaning for HCECs. Attempts to accurately conceive of a profession fall into two broad camps: substantive and formal. Substantive conceptions should be rejected. Specifically, substantive conceptions beg the question about what it means to be a profession, which produces devastating problems for practical application. Formal conceptions of profession avoid begging the question, but do so at the cost of identifying the responsibilities of a profession. Using the term 'professional responsibilities', then, requires additional explication and classifying HCECs as professionals requires the identification of their role-specific responsibilities.i Second, this essay will critique the ASBH code of ethics for HCECs as a first articulation of these responsibilities. As written, this code of ethics has limited value for HCECs because most of the responsibilities identified in this code do not identify HCEC-specific responsibilities. In closing, some important strategies to improve upon this initial attempt to define the responsibilities of HCECs are identified. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Sexual Difference as Model: An Ethics for the Global FutureGail SchwabIn Éthique de la différence sexuelle (1984), Luce Irigaray targeted language and love—for her, inseparable from each other—as the two areas of focus for the elaboration of an ethics of sexual difference. The heterosexual couple seemed to have taken on a new, and somehow inappropriately central, importance in Irigaray’s thought in the early eighties; however, the projected mutations in (...) language and love theorized in Éthique did not exclusively concern the heterosexual relationship, even though many readers of Irigaray expressed just such reservations about the book. Éthique foregrounded the couple in the love relationship in order to rethink the philosophical basis of ethics in general, to develop new paradigms, beyond or outside of Western totalizing phallo- and logocentrism, for human relations—not only relations between women and men, but also, and perhaps even more importantly, relations among women and relations among men. Irigaray carried on this project in subsequent works, in Sexes et parentés (1987), which as the title explicitly indicates, opens up the ethical debate to familial and genealogical issues and broadens her focus to include children and the ethical basis of their relationships to parents and more generally to adults of both sexes, and in Sexes et genres à travers les langues (1990), a cross-cultural report on her empirical studies of gender differences in language usage, which sheds new light on the linguistic and communicational issues she had presented in Éthique and even before, in several seldom read and even more rarely analyzed works of the late seventies and early eighties. J’aime à toi (I Love to You) (1992) returns specifically to the more traditionally philosophical approach to the problems of language and love and their intertwining, and carries on the work projected in Éthique, but it goes much further in both the theoretical and the practical development of the concept of sexual difference as the foundation for a new ethics, a new culture of universal validity. J’aime à toi can be read as a follow-up to Éthique and as a founding text for the construction of an ethics of difference modeled on sexual difference, an ethics for the future of humanity in all of its diversity.Western Feminism and the Global FutureIrigaray is very much aware of the limits of the various Western political and academic feminisms, of the need to broaden their scope, both horizontally across cultures and vertically within specific cultures, before they can serve as the basis for a new ethics. Irigaray expresses the concern that Western feminists, rather than represent the exploited women of the world, may exploit them ideologically for their own personal or political purposes, at the risk of preventing them from coming to a feminism of their own making, appropriate to their own cultures and historical moments. “Certain women do implement power strategies—including the power of the media—but not solely for the benefit of the exploited women they use as an alibi. They thus run the risk of clouding the issues and [End Page 76] preventing their consciousness from being raised” [Irigaray, J’aime à toi 15]. 1 Irigaray calls this “egological” feminism (Dare I invent a new term here? Now we have “egofeminists” as well as “ecofeminists”...) and demonstrates its totally undemocratic orientation, despite its representative claims.Certain militants..., practicing direct democracy or an egological feminism, based on their own real, or imagined, needs and desires, rather than on those of all women, leave women subject to existing legislation. Indifferent to the rights necessary for all women—including the little girls of the present and the future, and the women of other cultures—they make decisions that perpetuate, and even aggravate, through unnecessary misunderstandings, the injustices done the female gender.[J’aime à toi 13]As a feminist, in general, it always pains me to read criticisms of feminism, even cogent and theoretically valid criticisms, and I am even now painfully aware of the political dangers of criticizing feminism myself in a public forum such as this one. However, if I have managed to learn anything from the works of Western feminists of color and from Third World feminists, it is... (shrink)

L’article reconstitue les lectures derridiennes de Heidegger et de Nietzsche. Il veut montrer que Derrida se distancie de Heidegger et de sa « seule et unique question de l’être », justement là où il récuse ou plutôt « contourne » l’interprétation heideggérienne de Nietzsche. Alors que Heidegger interprète Nietzsche comme l’« inversion » et l’« achèvement » de la métaphysique, Nietzsche apparaît, dans la lecture de Derrida, comme un penseur de la pluralité du style. Par là, la différence d’interprétation de (...) Nietzsche, qui est aussi une différence d’interprétation de l’interprétation même, apparaît finalement comme une divergence dans l’interprétation de la différence. (shrink)

The American Journal of Bioethics, Volume 11, Issue 11, Page 44-45, November 2011.

In this article the authors reflect on regulations which have been developed to protect research subjects and data in research which uses human subjects. They suggest that regulations related to informed consent and privacy protection are burdensome in research which uses human subjects. They argue that a new category of research risk must be established which informs research subjects of the level of risk that they will be exposed to by participating in the research.