This article compares three frameworks for legal regulation of the human body. Property law systematically favors those who use the body to create commercial products. Yet contract and privacy rights cannot compete with the property paradigm, which alone affords a complete bundle of rights enforceable against the whole world. In the face of researchers' property rights, the theoretical freedom to contract and the meager interest in privacy leave those who supply body parts vulnerable to exploitation.

The legal status of the human body is hotly contested, yet the law of the body remains in a state of confusion and chaos. Sometimes the body is treated as an object of property, sometimes it is dealt with under the rubric of contract, and sometimes it is not conceived as property at all, but rather as the subject of privacy rights. Which body of law should become the law of the body? This question is even more pressing in the (...) context of current biomedical research, which permits commodification and commercialization of the body by everyone except the person who provides the “raw materials.” The lack of property protection for tangible parts of the human body is in stark contrast to the extensive protection granted to intellectual property in the body in the form of patents upon human genes and cell lines. Moreover, even courts that reject ownership claims on the part of those who supply body parts appear willing to grant property rights to scientists, universities, and others who use those body parts to conduct research and create products. (shrink)

Selective reduction and abortion both involve the termination of fetal life, but they are classified by different designations to underscore the notion that they are regarded as fundamentally different medical procedures: the two are performed using distinct techniques by different types of physicians, upon women under very different circumstances, in order to further dramatically different objectives. Hence, the two procedures appear to call for a distinct moral calculus, and they have traditionally evoked contradictory reactions from society. This essay posits that (...) despite their different appellations, selective reduction and abortion are essentially equivalent. (shrink)

Recent cases involving biosamples taken from indigenous tribes and newborn babies reveal the emptiness of informed consent. This venerable doctrine often functions as a charade, a collective fiction which thinly masks the uncomfortable fact that the subjects of human research are not actually afforded full information regarding the types of research that may be contemplated, nor do they provide meaningful consent. But if informed consent fails to provide adequate protection to the donors of biological materials, why not turn to principles (...) of property law? Property is power, yet current law permits everyone except for those who donate biological materials to possess property rights. The reluctance to invoke property probably stems from fears of resurrecting slavery and the commodification of human beings. But ironically, avoidance of property transforms the subjects of human research into objects that can be owned only by others, resulting in new forms of oppression and exploitation. Human research subjects are autonomous individuals who should not only possess the power to contribute their biological materials, but also the right to help control the course of research, and to share in the resulting benefits or profits. Conferring body property might enable research subjects to regain power and a measure of self-sovereignty. (shrink)

Dobbs appears more extreme when juxtaposed against Roe’s hidden history. Justice Blackmun was the author of Roe, but the opinion was the product of a remarkable collaboration that incorporated the suggestions of many Justices. Thus, Roe’s medical framing embodied the vision of the Court as a whole, not one individual.

_The Opportunity Gap_ aims to shift attention from the current overwhelming emphasis on schools in discussions of the achievement gap to more fundamental questions about social and educational opportunity. The achievement gap looms large in the current era of high-stakes testing and accountability. Yet questions persist: Has the accountability movement—and attendant discussions on the achievement gap—focused attention on the true sources of educational failure in American schools? Do we need to look beyond classrooms and schools for credible accounts of disparities (...) in educational outcomes? The essays in this book reintroduce the overlooked central issue in educational inequity: the lack of opportunity that many social groups face in our common quest for educational attainment. In a series of wide-ranging and carefully nuanced essays, _The Opportunity Gap_ casts much-needed light on the vexed relationship between society and education—and on the crucial, persistent role that education plays in addressing social ills. Contributors include Gilberto Q. Conchas, Raewyn Connell, Pat English-Sand, Linda May Fitzgerald, Patresa Hartman, Jeff Howard, Mieko Kamii, Rafa M. Kasim, Christopher Kliewer, Robert A. LeVine, Sarah E. LeVine, Jodi Meyer-Mork, Robert Parris Moses, Sonia Nieto, Donna Raschke, Stephen W. Raudenbush, Ray C. Rist, Beatrice Schnell-Anzola, Irene Serna, Susan McAllister Swap, and Amy Stuart Wells; with an afterword by Ronald F. Ferguson. (shrink)

The OECD's Programme for International Student Assessment (PISA) is increasingly depended upon by education policy makers to provide reliable measures of their country's education system against international benchmarks. PISA attempts to provide efficient, scientific and technical means to develop educational policies which achieve optimal outcomes (Berg & Timmermans, 2000, p. 31). This kind of scientific evidence is seen by policy makers as being free of prejudice and ideology. Science is expected to represent the truth, state universal facts and make predictions. (...) Thus PISA seeks to rank countries' performances, work out future scenarios and offer policy direction. By what means does PISA gain knowledge and speak with confidence about diverse cultures and distant nations? How does it acquire a ‘voice from nowhere’ (Haraway, 1988; Suchman, 2000), and become a modern-day Oracle that countries might consult for policy advice? Modelled on early actor-network accounts of laboratory life, this ethnography traces how PISA knowledge comes to be made, guided by interview data with two ‘insiders’ in the ‘PISA laboratory’. It traces the translations and the circulating reference that turn PISA into a ‘centre of calculation’. It highlights how human and non-human entities are imbricated in the assembling of scientific facts and argues for a suspension of the divide between ‘science’ and ‘politics’. In the process, the paper offers an empirical instantiation of how some concepts from actor-network theory may be applied in the field of education policy, and ponders the implications of such an understanding for evidence based policy making. (shrink)

There seems to be some initial evidence that team captains are selected based on non-leadership factors such as team tenure, technical abilities, being the daughter of the club president, or playing position. This is concerning since players expect their ideal team captain to have superior motivational and social skills. Adding to this literature on captain selection, the present study investigates relationships between the reasons for which team captains are selected and their perceived leadership quality; and perceived acceptance. To accomplish this, (...) we recruited 450 coaches and 198 players from Flemish football and volleyball teams. Participants evaluated 41 reasons on the extent to which they played a role in the selection of their team captain. Additionally, participants rated their team captain’s leadership quality and level of acceptance. The results consistently indicated that captains who were selected for having good motivational and social competencies were given higher ratings on perceived leadership quality and acceptance by participants. In conclusion, athletes who are motivated, good at motivating others and have superior social skills tend to be better suited for captaincy than those selected based on non-leadership factors. (shrink)

_Curriculum and Learning for Climate Action_ offers researchers, practitioners, donors, and decisionmakers insights into entry points for education systems change needed to reorient human society’s relationship with our planetary systems.

The classic questions of philosophical aesthetics—how and why human beings find certain works of art beautiful or sublime—suffered from something of a hiatus in the twentieth century, but the study of beauty has seen a return in recent years, often calling on rapidly evolving research in cognitive science and neuroscience for assistance. Patrick Colm Hogan's Beauty and Sublimity: A Cognitive Aesthetics of Literature and the Arts is an important contribution to the burgeoning interdisciplinary field of cognitive aesthetics. The book makes (...) a brave attempt to bring together insights from neuroscience, cognitive science, and literature to explain aesthetic response and justification.Hogan's focus is on the minutiae of... (shrink)

Festschrift volume to K. Ramakrishna Rao, Indian psychologist, philosopher and educationist; contributed articles.

The OECD's Programme for International Student Assessment (PISA) is increasingly depended upon by education policy makers to provide reliable measures of their country's education system against international benchmarks. PISA attempts to provide efficient, scientific and technical means to develop educational policies which achieve optimal outcomes (Berg & Timmermans, 2000, p. 31). This kind of scientific evidence is seen by policy makers as being free of prejudice and ideology. Science is expected to represent the truth, state universal facts and make predictions. (...) Thus PISA seeks to rank countries' performances, work out future scenarios and offer policy direction. By what means does PISA gain knowledge and speak with confidence about diverse cultures and distant nations? How does it acquire a ‘voice from nowhere’ (Haraway, 1988; Suchman, 2000), and become a modern‐day Oracle that countries might consult for policy advice? Modelled on early actor‐network accounts of laboratory life, this ethnography traces how PISA knowledge comes to be made, guided by interview data with two ‘insiders’ in the ‘PISA laboratory’. It traces the translations and the circulating reference that turn PISA into a ‘centre of calculation’. It highlights how human and non‐human entities are imbricated in the assembling of scientific facts and argues for a suspension of the divide between ‘science’ and ‘politics’. In the process, the paper offers an empirical instantiation of how some concepts from actor‐network theory may be applied in the field of education policy, and ponders the implications of such an understanding for evidence based policy making. (shrink)

It is universally accepted that genetic control over basic aspects of cell and molecular biology is the primary organizing principle in development and homeostasis of living systems. However, instances do exist where important aspects of biological order arise without explicit genetic instruction, emerging instead from simple physical principles, stochastic processes, or the complex self‐organizing interaction between random and seemingly unrelated parts. Being mostly resistant to direct genetic dissection, the analysis of such emergent processes falls into a grey area between mathematics, (...) physics and molecular cell biology and therefore remains very poorly understood. We recently proposed a mathematical model predicting the emergence of a specific non‐Gaussian distribution of polygonal cell shapes from the stochastic cell division process in epithelial cell sheets; this cell shape distribution appears to be conserved across a diverse set of animals and plants.1 The use of such topological models to study the process of cellular morphogenesis has a long history, starting almost a century ago, and many insights from those original works influence current experimental studies. Here we review current and past literature on this topic while exploring some new ideas on the origins and implications of topological order in proliferating epithelia. BioEssays 30:260–266, 2008. © 2008 Wiley Periodicals, Inc. (shrink)

The articles in this volume present an important selection of Jao Tsung-i's research in the field of the early Chinese intellectual tradition, especially as concerns the question of the conditio humana. Whether his focus is on myth, religion, philosophy or morals, Jao constantly aims at describing the Chinese version of a series of developments that are broadly associated with the Axial Age in the study of the ancient world in general. He is particularly interested in showing how early China had (...) developed its own notion of transcendence as well as a system of prediction and morals that allowed man to act on his own account, without having to rely on divine providence. (shrink)

This book discusses the profound philosophy and practical psychology behind yoga, beyond its popular body-culture aspect. It pays particular attention to the psychological principles involved and their implications for the consummate understanding of human nature. It explores the psychological aspects of yoga theory and practice and discusses the aphorisms in Patanjali's treatise on Yoga with necessary commentary in current psychological terminology to make them intelligible to students of psychology and other interested readers. Importantly, the author draws out the implications of (...) these aphorisms for future psychological study and research. The book discusses the author's concept of yoga of nonviolence which brings in Gandhian ideas into the framework of yoga. The author's own vast experience in creating interfaces of yoga research with practice also informs the discussions in this book. This authoritative and topical book by an eminent academic like Professor Ramakr ishna Rao is of interest to scholars and students of diverse disciplines, including but not limited to psychology, philosophy and wellbeing research. (shrink)

This authoritative volume, written by two well-known psychologist-philosophers, presents a model of the person and its implications for psychological theory and practice. Professors Ramakrishna Rao and Anand Paranjpe draw the contours of Indian psychology, describe the methods of study, explain crucial concepts, and discuss the central ideas and their application, illustrating them with insightful case studies and judicious reviews of available research data and existing scholarly literature. The main theme is organized around the thesis that psychology is the study of (...) the person and that the person is a unique composite of body, mind and consciousness. The goal of the person is self-realization. Self-realization consists in the realization of one's true self as distinct from the manifest ego and it is facilitated by cultivating consciousness. Cultivating consciousness leads to a kind of psycho-spiritual symbiosis resulting in personal transformation, altruistic value orientation and flowering of the hidden human potential. (shrink)

This chapter contains sections titled: ANT and the ‘PISA Laboratory’ PISA: An Overview Background to the Study Making PISA Knowledge From ‘World’ to ‘Word’ Engaging in a ‘Politics of Fact’ Notes References.

Covers Indian philosophy and Aesthetics along with Western philosophy.

Contribution of philosophers from Karnataka to Indian philosophy; a study.

This book opens the door to the effects of intellectual, educational, and economic colonization of young children throughout the world. Using a postcolonial lens on current educational practices, the authors hope to lift those practices out of reproducing traditional power structures and push our thinking beyond the adult/child dichotomy into new possibilities for the lives that are created with children.

Papers presented at the conference on "Cultivating Consciousness for Enhancing Human Potential, Wellness and Healing", held at Durham during 8-10 November 1991.

Partitions and their Afterlives engages with political partitions and how their aftermath affects the contemporary life of nations and their citizens.

In India, there has been a shift from using unclaimed bodies to voluntary body donation for anatomy dissections in medical colleges. This study used in-depth qualitative interviews to explore the deeper intent, values and attitudes towards body donation, the body and death, and expectations of the body donor, as well as their next of kin and representative religious scholars. All donors had enrolled in a body bequest programme in a medical school in South India. This study concludes that body donors (...) are philanthropists with deep-rooted values of altruism and service, who are often willing to forgo traditional religious and cultural death rituals. The next of kin are often uncomfortable with the donor’s decision, and this suggests that it is important that dialogue/counselling occurs at the time of the bequest, if the donor’s wishes are to be respected. Religious injunctions are often misinterpreted; this implies that religious leaders/scholars can play a significant role in addressing these misconceptions which are barriers to body donation. Body bequest programmes in India may be enhanced by positioning body donation as ‘daana’—giving without any expectation of return for a higher purpose, including ceremonies of respect in medical colleges. Furthermore, increased public engagement and awareness about body bequest programmes are also important to enhance participation. When medical students internalise what body donors expect of them, i.e. altruism, empathy with patients and becoming ‘good doctors’, it will help to ensure that the donation was not in vain and that the dead truly teach the living. (shrink)