Joseph Beuys, Andy Warhol, Yves Klein, and Marcel Duchamp form an unlikely quartet, but they each played a singular role in shaping a new avant-garde for the 1960s and beyond. Each of them staged brash, even shocking, events and produced works that challenged the way the mainstream art world operated and thought about itself. Distinguished philosopher Thierry de Duve binds these artists through another connection: the mapping of the aesthetic field onto political economy. Karl Marx provides the red thread tying (...) together these four beautifully written essays in which de Duve treats each artist as a distinct, characteristic figure in that mapping. He sees in Beuys, who imagined a new economic system where creativity, not money, was the true capital, the incarnation of the last of the proletarians; he carries forward Warhol’s desire to be a machine of mass production and draws the consequences for aesthetic theory; he calls Klein, who staked a claim on pictorial space as if it were a commodity, “The dead dealer”; and he reads Duchamp as the witty financier who holds the secret of artistic exchange value. Throughout, de Duve expresses his view that the mapping of the aesthetic field onto political economy is a phenomenon that should be seen as central to modernity in art. Even more, de Duve shows that Marx—though perhaps no longer the “Marxist” Marx of yore—can still help us resist the current disenchantment with modernity’s many unmet promises. An intriguing look at these four influential artists, _Sewn in the Sweatshops of Marx_ is an absorbing investigation into the many intertwined relationships between the economic and artistic realms. (shrink)

Washed away -- On the road -- The knight's move.

A study of the development of Eisenman's architectural theory, taken from the 'texts' which he himself wrote every time he designed a house.

Machine generated contents note: Introduction: The Rise of Philosophical Art Criticism 1 -- Chapter 1. In the Beginning Was Formalism 17 -- Chapter 2. The Structuralist Adventure 33 -- Chapter 3. The Historicist, Antiessentialist Definition of Art 55 -- Chapter 4. Resentment and Its Discontents 71 -- Chapter 5. The Deconstruction of Structuralism 87 -- Afterword: The Fate of Philosophical Art Criticism 111.

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 38.2 (2004) 80-87 [Access article in PDF] The Beauty of Henri Matisse David Carrier Because beauty has for a long time now been politically incorrect (at least among certain influential critics and academic historians) the art of Henri Matisse has recently suffered from a kind of benign neglect. His goals were luxury, calm, and voluptuousness, not social critique. He painted female nudes, and was (...) preoccupied with artistic tradition. Celebrated in his own lifetime, he died a rich man. Matisse's famous identification of the work of art with a good armchair is another provocation. His paintings, after all, are very expensive armchairs. Liberated from any vital connection with everyday life, they often seem merely escapist. In her recent book, On Beauty and Being Just, Elaine Scarry remarks, "Matisse never hoped to save lives. But he repeatedly said that he wanted to make paintings so serenely beautiful that when one came upon them, suddenly all problems would subside."1 That some of Matisse's paintings succeed in being serenely beautiful seems self-evident to Scarry, to me, and to a great many other art lovers. What is perhaps worth exploring at greater length, however, is precisely how Matisse's paintings succeed in achieving their unfashionable goal. What is it that makes the work of Matisse so serenely beautiful?To start, consider The Painter and His Model (1918-1921), made just after his move from Paris to Nice. Like other works from this period of his career, this picture raises special problems, even for many commentators who admire his earlier experimentation. At the left, we see the painter working on a canvas of a nude. "Expression, for me," Matisse wrote, "does not reside in passions glowing in a human face."2 Like most of his models, this one appears expressionless. She poses at the center of the picture, beneath a window that admits the light filling the room. A flowering palm, a symbol of fertility, is the only object visible from the world outside the studio.Leaving behind his family and the luxury of his Paris home, Matisse lived and worked in a small room like this one. The entire picture is filled [End Page 80] with patterns — a red tablecloth on the left, orange wallpaper on the right, blue stripes on the painter's shirt, a red grid on the floor. A dark painting hangs above flowers on the table. The Painter and His Model shows the artist hard at work, but the composition appears effortlessly spontaneous. Matisse, who lived only to paint during his time in Nice, concealed the endless effort required to make his beautiful pictures. A man from North France, he discovered the power of light. There is nothing special about this room, but under the spell of his model Matisse makes it appear ravishing. Intense Mediterranean sunlight transforms ordinary patterns into a world of visual luxury.We know that The Painter and His Model is beautiful because we get great pleasure seeing the model in the golden room. Her skin is close in tone to, or in harmony with the colors of the walls; her curves harmonize with the two vases, and play against the spreading linear grids. As we move our eyes easily from the model to the entire picture, we experience a kind of sublimated erotic pleasure. In "Notes of a Painter," Matisse gave an apt description of his approach in The Painter and His Model. Suppose I want to paint a woman's body: first of all I imbue it with grace and charm, but I know that I must give something more. I will condense the meaning of this body by seeking its essential lines. The charm will be less apparent at first glance, but it must eventually emerge from the new image which will have a broader meaning, one more fully human. (MA, 36) He does not use the word "beauty," but speaks instead about expression and harmony. When he published this manifesto, Matisse was painting very different sorts of pictures — portraits, scenes of nudes in utopian settings, and... (shrink)

How might philosophers and art historians make the best use of one another's research? That, in nuce, is what this special issue considers with respect to questions concerning the nature of photography as an artistic medium; and that is what my essay addresses with respect to a specific case: the dialogue, or lack thereof, between the work of the philosopher Stanley Cavell and the art historian-critic Rosalind Krauss. It focuses on Krauss's late appeal to Cavell's notion of (...) automatism to argue that artists now have to invent their own medium, both to provide criteria against which to judge artistic success or failure and to insulate serious art from the vacuous generalization of the aesthetic in a media-saturated culture at large.1 Much in the spirit of ‘Avant-Garde and Kitsch’, paying attention to the medium is once again an artist's best line of defence against the encroachment of new media, the culture industry, and spectacle. That Krauss should appeal to Cavell at all, let alone in such a Greenbergian frame of mind, is surprising if one is familiar with the fraught history of debate about artistic media in art theory since Greenberg. Cavell's work in this domain has always been closely associated with that of Michael Fried, and the mutual estrangement of Fried and Krauss, who began their critical careers as two of Greenberg's leading followers, is legendary.2I have written about the close connection between Fried's and Cavell's conceptions of an artistic medium before.3 Whereas Fried's and Cavell's early conception of an artistic medium was in a sense collaborative, emerging from an ongoing exchange of ideas at Harvard in the latter half of the 1960s, Krauss's much later appeal to the ideas of automatism and the automatic underpinning Cavell's conception of the photographic substrate of film from the early 1970s is not. In what follows, I try to clarify both the grounds of this appeal and its upshot. Does Krauss's account shed new light on Cavell's, or is she trying to press his terms into service for which they are ill-served? Both could of course be true, the former as a consequence of the latter perhaps. Conversely, do the art historical and philosophical accounts pass one another by? Note that even if the latter were true, its explanation might still prove instructive in the context of an interdisciplinary volume seeking to bring art historians and philosophers into dialogue around the themes of agency and automatism, which is precisely what Krauss's appeal to Cavell turns on. (shrink)

Almost all philosophers agree that a necessary condition on lying is that one says what one believes to be false. But, philosophers haven’t considered the possibility that the true requirement on lying concerns, rather, one’s degree-of-belief. Liars impose a risk on their audience. The greater the liar’s confidence that what she asserts is false, the greater the risk she’ll think she’s imposing on the dupe, and, therefore, the greater her blameworthiness. From this, I arrive at a dilemma: either the belief (...) requirement is wrong, or lying isn’t interesting. I suggest an alternative necessary condition for lying on a degree-of-belief framework. (shrink)

This paper argues for a new understanding of Strawson’s distinction between personal, impersonal, and self-reactive attitudes. Many Strawsonians take these basic reactive attitude types to be distinguished by two factors. Is it the self or another who is treated with good- or ill-will? And is it the self or another who displays good- or ill-will? On this picture, when someone else wrongs me, my reactive attitude is personal; when someone else wrongs someone else, my reactive attitude is impersonal; and when (...) I wrong someone else, my attitude is self-reactive. Against this account, I argue that the basic reactive attitude types are better distinguished according to whether they express partial or impartial concern. This fits Strawson’s discussion in “Freedom and Resentment”, and it allows us to see an important point that the alternative approach obscures. Namely, while attitudes like resentment, gratitude, shame, and pride can arise as responses to our own treatment and behavior, they can also arise as third-party responses to the treatment and behavior of our family members, romantic partners, and close friends. Similarly, attitudes like moral indignation and disapprobation also have a wider scope than is often acknowledged; they can arise as responses to others’ treatment, but they can also arise as responses to our own treatment when we react impartially to circumstances involving ourselves. (shrink)

From a clinical ethics perspective, I explore several traditional arguments that deem deception as morally unacceptable. For example, it is often argued that deception robs people of their autonomy. Deception also unfairly manipulates others and is a breach of important trust-relations. In these kinds of cases, I argue that the same reasons commonly used against deception can provide strong reasons why deception can be extremely beneficial for patients who lack mental capacity. For example, deception can enhance, rather than impair, autonomy (...) in certain cases. I argue that deception ought to only be used after considering several key morally relevant factors and provide a practical and morally justifiable framework for exploring these issues. (shrink)

Emergent scholarship on the most radical technological invention of our time confirms what most of us know from first-hand experience - that the internet has fundamentally altered our perceptions and our knowledge, as well as our sense of subjectivity, community and agency (see for example Vries, 2002: 19). The American scholar of religion and communications, Stephen O'Leary, one of the first scholars to analyze the role of the new media for religious communities, claims that the advent of the internet has (...) been as revolutionary for religious growth and dissemination as was the invention of the printing press (O'Leary, 1996). (shrink)

Virtue ethics is perhaps the most important development within late twentieth-century moral philosophy. Rosalind Hursthouse, who has made notable contributions to this development, here presents a full exposition and defense of her neo-Aristotelian version of virtue ethics. She shows how virtue ethics can provide guidance for action, illuminate moral dilemmas, and bring out the moral significance of the emotions.

This paper discusses some aspects of foreign language learning within the divided school system of Northern Ireland. It is argued that an improvement of foreign language learning must be seen in a socio‐cultural context whereby a change in attitudes to languages in general, including Irish, may lead not only to a balanced interest among girls and boys in the language classroom, but also to a more tolerant approach to the cultural differences among the Catholic and Protestant communities.

Virtue ethics is currently one of three major approaches in normative ethics. It may, initially, be identified as the one that emphasizes the virtues, or moral character, in contrast to the approach that emphasizes duties or rules (deontology) or that emphasizes the consequences of actions (consequentialism). Suppose it is obvious that someone in need should be helped. A utilitarian will point to the fact that the consequences of doing so will maximize well-being, a deontologist to the fact that, in doing (...) so the agent will be acting in accordance with a moral rule such as “Do unto others as you would be done by” and a virtue ethicist to the fact that helping the person would be charitable or benevolent. (shrink)

This book reconstructs the rise and fall of Wilhelm Wundt’s fortunes, focusing for the first time on the role of Richard Avenarius as catalyst for the so-called “positivist repudiation of Wundt.” Krauss specifically looks at the progressive disavowal of Wundtian ideas in the world of scientific psychology, and especially by his former pupils. This book provides important historical context and a critical discussion of the current state of research, in addition to a detailed consideration of Wundt’s and Avenarius’ systems (...) of thought, as well as on their personal relationship. The author outlines the reception of Avenarius’ conceptions among Wundt’s pupils, such as Külpe, Münsterberg and Titchener, and among other psychologists of the time, such as Ward, James and Ebbinghaus. Finally, this book presents Wundt’s two-fold attempt to respond to the new trend through a criticism of the “materialistic” psychology, and a reformulation of his own ideas. (shrink)

This paper challenges a common dogma of the literature on forgiveness: that only victims have the standing to forgive. Attacks on third-party forgiveness generally come in two forms. One form of attack suggests that it follows from the nature of forgiveness that third-party forgiveness is impossible. Another form of attack suggests that although third-party forgiveness is possible, it is always improper or morally inappropriate for third parties to forgive. I argue against both of these claims; third-party forgiveness is possible, and (...) in some cases it is morally appropriate for third parties to forgive (or refuse to forgive) wrongdoers for wrongs done to victims. I also propose an explanation of third parties’ standing to forgive: third parties have the standing to forgive when it is appropriate for them to take wrongs done to victims ‘personally’. While appropriately ‘taking a wrong personally’ does not require seeing oneself as a victim, it typically does require being in some form of personal relationship with victims. Thus, while the standing to forgive is not grounded exclusively in having been wronged, the prerogative to forgive is normally limited to victims and their loved ones. And once we recognize the importance of third-party forgiveness in our moral lives and the norms that govern it, we can more easily adjudicate between competing accounts of the nature of forgiveness.​. (shrink)

Most interpreters hold that Kant rejects actually infinite tota synthetica as conceptually impossible. This view is attributed to Kant to relieve him of the charge that the first antinomy’s thesis argument presupposes transcendental idealism. I argue that important textual evidence speaks against this view, and Kant in fact affirms the conceptual possibility of actually infinite tota synthetica. While this means the first antinomy may not be decisive as an indirect argument for idealism, it gives us a better account of how (...) our ideas of the unconditioned generate the antinomies, and it allows us to see important and often overlooked elements in Kant’s account of the infinite. (shrink)

The goals of the study were to examine whether fundamentalism and authoritarianism could be distinguished by the Big Five factors of personality in American, Romanian and German samples, and to determine whether fundamentalism and authoritarianism could be distinguished by factor analysis in any of the three cultures. The results in all three cultures indicate that fundamentalism and authoritarianism have virtually identical personality correlates. In all three cultures, the two constructs were indistinguishable via exploratory factor analysis and could only be distinguished (...) via confirmatory factor analysis, although direction-of-wording effects dwarfed the differences between fundamentalism and authoritarianism. The findings suggest that researchers should view fundamentalism as religious authoritarianism, and should therefore be cautious when making inferences about religiosity from research on fundamentalism. (shrink)

Philippa Foot is one of the most original and widely respected philosophers of our time; her work has exerted a lasting influence on the development of moral philosophy. In tribute to her, twelve leading philosophers from both sides of the Atlantic have contributed essays exploring the various topics in moral philosophy to which she has made a distinctive contribution--virtue ethics, naturalism, non-cognitivism, relativism, categorical requirements, and the role of rationality in morality.

This paper contributes to inquiries into the genealogy of governmentality and the nature of secularization by arguing that pastoralism continues to operate in the algorithmic register. Drawing on Agamben’s notion of signature, I elucidate a pair of historically distant yet archaeologically proximate affinities: the first between the pastorate and algorithmic control, and the second between the absconded God of late medieval nominalism and the authority of algorithms in the cybernetic age. I support my hypothesis by attending to the signaturial kinships (...) between, on the one hand, temporality and authority in our contemporary conjuncture, and, on the other, obedience and submission in Christian thought from late antiquity and the late Middle Ages. I thereby illustrate the hidden genealogical continuities between theological-pastoral technologies of power and technocratic-algorithmic modalities of governance. I conclude by suggesting that medieval counter-conducts may be redeployed in our present circumstances for emancipatory ends. (shrink)

Background:In Ontario, Canada, patients who lack decision-making capacity and have no family or friends to act as substitute decision-makers currently rely on the Office of the Public Guardian and Trustee to consent to long-term care (nursing home) placement, but they have no legal representative for other placement decisions.Objectives:We highlight the current gap in legislation for difficult transition cases involving unrepresented patients and provide a novel framework for who ought to assist with making these decisions and how these decisions ought to (...) be made.Research design:This paper considers models advanced by Volpe and Steinman with regard to who ought to make placement decisions for unrepresented patients, as well as current ethical models for analyzing how these decisions should be made.Participants and research context:We describe an anonymized healthcare transition case to illustrate the fact that there is no legally recognized decision-maker for placement destinations other than long-term care facilities and to show how this impacts all stakeholders.Ethical considerations:The case provided is an anonymized vignette representing a typical transition case involving an unrepresented patient.Findings:As a result of a gap in provincial legislation, healthcare providers usually determine the appropriate placement destination without a clear framework to guide the process and this can cause significant moral distress.Discussion:We argue for a team decision-making approach in the short term, and a legislative change in the long-term, to respect the patient voice, evaluate benefit and risk, enhance collaboration between healthcare providers and patients, and promote social justice. We believe that our approach, which draws upon the strengths of interprofessional teams, will be of interest to all who are concerned with the welfare and ethical treatment of the patients for whom they care.Conclusions:One of the main strengths of our recommendation is that it provides all members of the healthcare team (including nurses, social workers, therapists, and others) an increased opportunity to advocate on behalf of unrepresented patients. (shrink)

This volume brings together twenty original essays on the changes and continuities in gender relations and intersecting politics of sexuality, race, class and location. The book is located in debates about contemporary culture at a moment of rapid technological change, global interconnectedness and the growing cultural dominance of neoliberalism and postfeminism. The collection traverses disciplines, spaces and approaches. It is marked by an extraordinarily wide focus, ranging from analyses of celebrity magazines and makeover shows to examinations of the experiences of (...) young female migrants, 'mail order brides' and young women who repudiate feminism. The contributions are united by their attempts to think through the ways in which experiences and representations of femininity are changing in the twenty-first century. Are we seeing new femininities? Are neoliberalism and postfeminism constructing new identities and subjectivities? What kinds of analytic tools and cultural politics are needed to critically engage with the current moment? This book will be of interest to everyone studying gender, media or cultural studies. (shrink)

Gayatri Chakravorty Spivak's original essay "Can the Subaltern Speak?" transformed the analysis of colonialism through an eloquent and uncompromising argument that affirmed the contemporary relevance of Marxism while using deconstructionist methods to explore the international division of labor and capitalism's "worlding" of the world. Spivak's essay hones in on the historical and ideological factors that obstruct the possibility of being heard for those who inhabit the periphery. It is a probing interrogation of what it means to have political subjectivity, to (...) be able to access the state, and to suffer the burden of difference in a capitalist system that promises equality yet withholds it at every turn. Since its publication, "Can the Subaltern Speak?" has been cited, invoked, imitated, and critiqued. In these phenomenal essays, eight scholars take stock of the effects and response to Spivak's work. They begin by contextualizing the piece within the development of subaltern and postcolonial studies and the quest for human rights. Then, through the lens of Spivak's essay, they rethink historical problems of subalternity, voicing, and death. A final section situates "Can the Subaltern Speak?" within contemporary issues, particularly new international divisions of labor and the politics of silence among indigenous women of Guatemala and Mexico. In an afterword, Spivak herself considers her essay's past interpretations and future incarnations and the questions and histories that remain secreted in the original and revised versions of "Can the Subaltern Speak?"—both of which are reprinted in this book. (shrink)

Artificial intelligence is increasingly being developed for use in medicine, including for diagnosis and in treatment decision making. The use of AI in medical treatment raises many ethical issues that are yet to be explored in depth by bioethicists. In this paper, I focus specifically on the relationship between the ethical ideal of shared decision making and AI systems that generate treatment recommendations, using the example of IBM’s Watson for Oncology. I argue that use of this type of system creates (...) both important risks and significant opportunities for promoting shared decision making. If value judgements are fixed and covert in AI systems, then we risk a shift back to more paternalistic medical care. However, if designed and used in an ethically informed way, AI could offer a potentially powerful way of supporting shared decision making. It could be used to incorporate explicit value reflection, promoting patient autonomy. In the context of medical treatment, we need value-flexible AI that can both respond to the values and treatment goals of individual patients and support clinicians to engage in shared decision making. (shrink)

Lorazepam has been repeatedly shown to induce memory impairments. The effects of this benzodiazepine on the processes involved in the strategic regulation of memory accuracy have not as yet been explored. An experimental procedure that delineates the role of monitoring and control processes was used. Fifteen lorazepam and 15 placebo subjects were examined using a semantic memory task that combined both a forced- and a free-report option and a no-incentive and an incentive condition. Memory accuracy was lower in the lorazepam (...) than in the placebo group. Lorazepam impaired control sensitivity (the extent to which volunteering of answers is affected by the confidence judgments). While the absolute aspect of monitoring was impaired (calibration scores), both the discriminative aspect (the ability to distinguish between correct and incorrect answers) and the response criterion setting (the confidence threshold set for volunteering a report) were spared. The pharmacological dissociation between monitoring effectiveness and control sensitivity indicates that these two components involve distinct processes. (shrink)

Lorazepam has been repeatedly shown to induce memory impairments. The effects of this benzodiazepine on the processes involved in the strategic regulation of memory accuracy have not as yet been explored. An experimental procedure that delineates the role of monitoring and control processes was used. Fifteen lorazepam and 15 placebo subjects were examined using a semantic memory task that combined both a forced- and a free-report option and a no-incentive and an incentive condition. Memory accuracy was lower in the lorazepam (...) than in the placebo group. Lorazepam impaired control sensitivity . While the absolute aspect of monitoring was impaired , both the discriminative aspect and the response criterion setting were spared. The pharmacological dissociation between monitoring effectiveness and control sensitivity indicates that these two components involve distinct processes. (shrink)

Cover -- Half Title -- Title -- Copyright -- Original Title -- Original Copyright -- Contents -- Acknowledgments -- 1 The philosophical context -- 2 Structuralism -- 3 Semiology as a science of signs -- 4 S/Z -- 5 Marxism, language, and ideology -- 6 On the subject of Lacan -- 7 The critique of the sign -- 8 Conclusion -- Bibliography -- Index.

Using “big data” from sensors worn continuously outside the lab, researchers have observed patterns of objective physiology that challenge some of the long-standing theoretical concepts of emotion and its measurement. One challenge is that emotional arousal, when measured as sympathetic nervous system activation through electrodermal activity, can sometimes differ significantly across the two halves of the upper body. We show that traditional measures on only one side may lead to misjudgment of arousal. This article presents daily life and controlled study (...) data, as well as existing evidence from neuroscience, supporting the influence of multiple emotional substrates in the brain causing innervation on different sides of the body. We describe how a theory of multiple arousals explains the asymmetric EDA findings. (shrink)

Many scientists routinely generalize from study samples to larger populations. It is commonly assumed that this cognitive process of scientific induction is a voluntary inference in which researchers assess the generalizability of their data and then draw conclusions accordingly. We challenge this view and argue for a novel account. The account describes scientific induction as involving by default a generalization bias that operates automatically and frequently leads researchers to unintentionally generalize their findings without sufficient evidence. The result is unwarranted, overgeneralized (...) conclusions. We support this account of scientific induction by integrating a range of disparate findings from across the cognitive sciences that have until now not been connected to research on the nature of scientific induction. The view that scientific induction involves by default a generalization bias calls for a revision of the current thinking about scientific induction and highlights an overlooked cause of the replication crisis in the sciences. Commonly proposed interventions to tackle scientific overgeneralizations that may feed into this crisis need to be supplemented with cognitive debiasing strategies against generalization bias to most effectively improve science. (shrink)

This article introduces a special section concerned with precariousness and cultural work. Its aim is to bring into dialogue three bodies of ideas — the work of the autonomous Marxist `Italian laboratory'; activist writings about precariousness and precarity; and the emerging empirical scholarship concerned with the distinctive features of cultural work, at a moment when artists, designers and (new) media workers have taken centre stage as a supposed `creative class' of model entrepreneurs. The article is divided into three sections. It (...) starts by introducing the ideas of the autonomous Marxist tradition, highlighting arguments about the autonomy of labour, informational capitalism and the `factory without walls', as well as key concepts such as multitude and immaterial labour. The impact of these ideas and of Operaismo politics more generally on the precarity movement is then considered in the second section, discussing some of the issues that have animated debate both within and outside this movement, which has often treated cultural workers as exemplifying the experiences of a new `precariat'. In the third and final section we turn to the empirical literature about cultural work, pointing to its main features before bringing it into debate with the ideas already discussed. Several points of overlap and critique are elaborated — focusing in particular on issues of affect, temporality, subjectivity and solidarity. (shrink)

In his 1918 lectures, _The Philosophy of Logical Atomism_, Russell discusses the impossibility of drawing a diagram or "map-in-space" of the form of belief (judgment). In this paper, I argue that an examination of diagrams appended to Russell's _Theory of Knowledge_ shows him already anticipating this symbolizing difficulty in 1913 and—in the midst of attempting to adopt Wittgenstein's doctrine of propositional bipolarity—jettisoning attempts to diagram the form of belief.

The sort of ethical theory derived from Aristotle, variously described as virtue ethics, virtue-based ethics, or neo-Aristotelianism, is becoming better known, and is now quite widely recognized as at least a possible rival to deontological and utilitarian theories. With recognition has come criticism, of varying quality. In this article I shall discuss nine separate criticisms that I have frequently encountered, most of which seem to me to betray an inadequate grasp either of the structure of virtue theory or of what (...) would be involved in thinking about a real moral issue in its terms. In the first half I aim particularly to secure an understanding that will reveal that many of these criticisms are simply misplaced, and to articulate what I take to be the major criticism of virtue theory. I reject this criticism, but do not claim that it is necessarily misplaced. In the second half I aim to deepen that understanding and highlight the issues raised by the criticisms by illustrating what the theory looks like when it is applied to a particular issue, in this case, abortion. (shrink)

By giving legislatures broad power to override constitutional rights provisions, recent Commonwealth rights charters are said to create a new ‘weaker’ model of constitutional rights protection than the traditional US model of strong-form judicial review. The article, however, argues that to date such powers have rarely if ever been used by Commonwealth legislatures, and thus have had little direct effect on the strength of judicial review in Commonwealth countries. At most, such powers may have had some indirect effect on the (...) strength of review in the Commonwealth, compared to the United States, by encouraging greater deference by courts such as the Supreme Court of Canada to attempts by parliament to engage in ‘dialogue’ via ordinary legislative means. This more limited—and contingent—view of Commonwealth–US constitutional difference also has clear practical implications, the article suggests, for ongoing attempts to ‘borrow’ or adopt the new Commonwealth constitutional model elsewhere. (shrink)