Criminal law is one of the regulatory tools being used in the United States to influence risk behavior by people who have HIV/AIDS. Several different types of laws have been or could be used in this way These include:HIV-specific exposure and transmission laws — i.e., laws that explicitly mention and exclusively apply to conduct by people with HIV;public health statutes prohibiting conduct that would expose others to communicable diseases and/or sexually transmitted diseases ; andgeneral criminal laws governing attempted murder and (...) assault. (shrink)

Criminal law is one of the regulatory tools being used in the United States to influence risk behavior by people who have HIV/AIDS. Several different types of laws have been or could be used in this way These include:HIV-specific exposure and transmission laws — i.e., laws that explicitly mention and exclusively apply to conduct by people with HIV;public health statutes prohibiting conduct that would expose others to communicable diseases and/or sexually transmitted diseases ; andgeneral criminal laws governing attempted murder and (...) assault. (shrink)

A new collection of essays highlighting the wide range of Buber's thought, career, and activism. Best known for I and Thou, which laid out his distinction between dialogic and monologic relations, Martin Buber (1878-1965) was also an anthologist, translator, and author of some seven hundred books and papers. Martin Buber: Creaturely Life and Social Form, edited by Sarah Scott, is a collection of nine essays that explore his thought and career. Martin Buber: Creaturely Life and Social Form shakes (...) up the legend of Buber by decentering the importance of the I-Thou dialogue in order to highlight Buber as a thinker preoccupied by the image of relationship as a geode to spiritual, social, and political change. The result is a different Buber than has hitherto been portrayed, one that is characterized primarily by aesthetics and politics rather than by epistemology or theology. Martin Buber: Creaturely Life and Social Form will serve as a guide to the entirety of Buber's thinking, career, and activism, placing his work in context and showing both the evolution of his thought and the extent to which he remained driven by a persistent set of concerns. (shrink)

In this book, Sarah Mayberry Scott analyzes contemporary films to investigate how the history and values of the Deaf world provides opportunities for how the concepts of voice, silence, and listening can be expanded to include a diverse plurality of embodied experiences.

I reconstruct Buber’s conception of personhood and identify in his work four criteria for personhood— uniqueness, wholeness, goodness, and a drive to relation—and an account of three basic degrees of personhood, stretching, as a kind of “chain of being,” from plants and animals, through humans, to God as the absolute person. I show that Buber’s “new” conception of personhood is rooted in older Neoplatonic notions, such the goodness of all being and the principle of plenitude. While other philosophers have used (...) reason and memory to distinguish persons, I find that Buber instead takes these to be specific to humanity, and I explore Buber’s account of a “fall” from a state of nature into a historical mode, such that our humanity threatens our personhood. (shrink)

I reconstruct the aestheticism of Martin Buber in order to provide a new way of framing his moral philosophy and development as a thinker. The evolution of Buber’s thought does not entail a shift from aesthetics to ethics, but a shift from one aspect of aesthetics to another, namely, from taking genius to be key to social renewal, to taking taste to be key. I draw on Kantian aesthetics to show the connection between Buber’s aesthetic concerns and his moral concerns, (...) and to defend the notion that a certain aesthetic orientation may be just what is needed for moral response. (shrink)

Martin Buber wrote his 1904 dissertation on Nicholas of Cusa, but the relationship between the two has been little studied. This article focuses on four ways in which Buber appropriated Cusa’s ideas. (1) Cusa’s theory of participation argues for the absolute worth of the individual, foreshadowing Buber’s ethics of actualization. (2) Buber takes Cusa’s model of how one may know God as other through “learned ignorance” and applies it to how one may know and adequately respond to beings as others (...) in his distinction between “I-Thou” and “I-It” relations. (3) Buber employs Cusa’s term “coincidence of opposites” to describe what happens in dialogue. Seeing the coincidence of opposites moves subjects to adopt intersubjective perspectives and give up unhealthy relations of conflict. (4) Buber’s 1938 criticism of Cusa for maintaining that selves evolve in isolation illuminates Buber’s creation of his own dialogic philosophy. (shrink)

I reconstruct Martin Buber’s conception of grace to show its importance for unifying his religious orientation and anarchist tendencies. I first lay out an Augustinian account of grace and concomitant defense of hierarchy and submission. I then examine Buber’s anarchism and previous analyses of his notion of grace, which were incomplete insofar as they ignored his redefinition of what is given by grace and who gives these gifts. The primary gifts of grace he identifies are who we are (meant to (...) be), moral norms and reality, each of which come to us not just from God, but also from relations with other creatures. Buber corrects the classic Augustinian notion of grace by replacing radical dependence on God with radical creaturely interdependence. Once hierarchy and submission to an inscrutable authority are no longer taken to be necessary for human flourishing, we are free to think along broadly anarchist lines. (shrink)

The development of in vitro fertilisation (IVF) as a treatment for human infertilty was among the most controversial medical achievements of the modern era. In Ireland, the fate and status of supranumary (non-transferred) embryos derived from IVF brings challenges both for clinical practice and public health policy because there is no judicial or legislative framework in place to address the medical, scientific, or ethical uncertainties. Complex legal issues exist regarding informed consent and ownership of embryos, particularly the use of non-transferred (...) embryos if a couple separates or divorces. But since case law is only beginning to emerge from outside Ireland and because legislation on IVF and human embryo status is entirely absent here, this matter is poised to raise contractual, constitutional and property law issues at the highest level. Our analysis examines this medico-legal challenge in an Irish context, and summarises key decisions on this issue rendered from other jurisdictions. The contractual issues raised by the Roche case regarding informed consent and the implications the initial judgment may have for future disputes over embryos are also discussed. Our research also considers a putative Constitutional 'right to procreate' and the implications EU law may have for an Irish case concerning the fate of frozen embryos. Since current Medical Council guidelines are insufficient to ensure appropriate regulation of the advanced reproductive technologies in Ireland, the report of the Commission on Assisted Human Reproduction is most likely to influence embryo custody disputes. Public policy requires the establishment and implementation of a more comprehensive legislative framework within which assisted reproductive medical services are offered. (shrink)

An important feature of so-called rational decision making, at least in times of crisis, is arational: that is, our ability to decide manifests features of our characters or the values we hold rather than our reasoning abilities.1 Such a position stands in obvious opposition to the Western philosophical tradition. Consider, by comparison, the view of Immanuel Kant, who held that reason could, and perhaps sometimes ought to, operate independently of (and in opposition to) our sentiments. Contrary to Kant, William James (...) argues in "The Sentiment of Rationality" that arational mental states and phenomena—such as feelings, emotions, values, and attitudes—are indispensable to practical rationality (317). The attempt to .. (shrink)

While studies on the characteristics of flow states and their relation to peak performance exist, little is known about the dynamics by which flow states emerge and develop over time. The current paper qualitatively explores the necessary pre-conditions to enter flow, and the development of flow over time until its termination. Using an elicitation interview, participants were asked to recall their flow experiences in sports or music performances. The analysis resulted in the identification of the following three phases that athletes (...) and musicians experience during flow: Preparation to enter flow; Entry into the flow state and; Exit from the flow state. These three phases are characterized by several sub-themes contributing to the experience of flow. The function of emotions is crucial, as they play a core role across all three phases and regulate flow over time. The findings provide insights into the phenomenological characteristics of the transition and maintenance of the three proposed phases and the temporal dynamics of flow. (shrink)

Research has shown that individuals with high levels of psychopathic personality traits are likely to cause harm to others in the workplace. However, there is little academic literature on the potentially adaptive outcomes of corporate psychopathy, particularly because the “boldness” psychopathy domain has largely been under-acknowledged in this literature. This study aimed to elaborate on past findings by examining the associations between psychopathy, as operationalized using scales from the relatively new triarchic model of psychopathy, and both adaptive and maladaptive workplace (...) behaviors. Participants were 343 working community adults who completed a series of self-report questionnaires that measured psychopathy and various workplace behaviors, including counterproductive work behaviors, tactics of influence, unethical decision-making, leadership strategies, team play, and creativity. Structural equation modeling was used to estimate the associations between latent constructs of boldness, meanness, and disinhibition, and the eight different constructs related to workplace behaviors. It was found that boldness preferentially predicted the use of soft tactics of influence, adaptive leadership, and team play, and negatively predicted passive leadership. Meanness predicted unethical decision-making, poor team play, and hard tactics of influence. Disinhibition positively predicted CWB and passive leadership. Meanness also moderated the association between disinhibition and CWB, in that greater scores on both psychopathy domains indicated greater levels of CWB. These findings provide conceptual support for the triarchic model, including the “boldness” domain, which measures adaptive aspects of psychopathy in addition to maladaptive ones, as well as suggest that not all individuals high on psychopathy would be an overt menace to the workplace. The different psychopathy traits may also interact with each other to predict different types or levels of workplace behaviors. (shrink)

It now seems technically feasible to culture human embryos beyond the “fourteen‐day limit,” which has the potential to increase scientific understanding of human development and perhaps improve infertility treatments. The fourteen‐day limit was adopted as a compromise but subsequently has been considered an ethical line. Does it remain relevant in light of technological advances permitting embryo maturation beyond it? Should it be changed and, if so, how and why? What justifications would be necessary to expand the limit, particularly given that (...) doing so would violate some people's moral commitments regarding human embryos? Robust stakeholder engagement preceded adoption of the fourteen‐day limit and should arguably be part of efforts to reassess it. Such engagement could also consider the need for enhanced oversight of human embryo research. In the meantime, developing and implementing reliable oversight systems should help foster high‐quality research and public confidence in it. (shrink)

It now seems technically feasible to culture human embryos beyond the “fourteen‐day limit,” which has the potential to increase scientific understanding of human development and perhaps improve infertility treatments. The fourteen‐day limit was adopted as a compromise but subsequently has been considered an ethical line. Does it remain relevant in light of technological advances permitting embryo maturation beyond it? Should it be changed and, if so, how and why? What justifications would be necessary to expand the limit, particularly given that (...) doing so would violate some people's moral commitments regarding human embryos? Robust stakeholder engagement preceded adoption of the fourteen‐day limit and should arguably be part of efforts to reassess it. Such engagement could also consider the need for enhanced oversight of human embryo research. In the meantime, developing and implementing reliable oversight systems should help foster high‐quality research and public confidence in it. (shrink)

In the wake of colonial fragmentation and genocide, Indigenous ‘Khoisan resurgence’ movements in South Africa have mobilised subversive forms of authenticity, including heteroglossic and inventive translanguaging from fragments of Khoekhoegowab. In our analysis of video ethnographic texts produced in collaboration with the Gamtkwa Khoisan Council (GKC) in Hankey, the birthplace of Sarah Baartman, we explore how memory, language politics, and environmental activism are interwoven in acts of linguistic citizenship that constitute the ‘rememorying’ of a history that has remained persistently (...) obscured. We argue that rememorying advances a politics of reminding which counters the Rainbow Nation’s institutionalised politics of forgetting, as well as anthropological accounts that consider Indigenous activist invocations of history as merely ‘therapeutic’. Through an engagement with the memory activism of the GKC, we identify how reconstructing word-histories, reliving historical traumas, retelling histories of sites of memory, seeing oneself mirrored in one’s ancestors, and the nexus of land, memory, and time form the basis for shared meaning-making, bringing impetus, focus, and intergenerational continuity to struggles for environmental and land justice. (shrink)

It is generally recognized that friendship justifies a particular set of special permissions and responsibilities. However, a compelling debate has emerged regarding the question of whether we ought to believe claims about our friends that strangers would not. Advocates of epistemic partialism, such as Sarah Stroud and Simon Keller, argue that friendship ought to sometimes lead us to form beliefs that are inconsistent with what is justified from an impartial perspective. In this paper, I identify a puzzle for epistemic (...) partialism that has not received attention. The puzzle is that epistemic partialism fails to meet a publicity condition for agents to transparently endorse the doxastic practices the position recommends. If epistemic partialism is widely acknowledged as true, the goods it produces become more difficult to secure. This is not a decisive objection to epistemic partialism, but it may leave the view less convincing than alternatives. (shrink)

How should we understand the surveillance state post Snowden? This paper is concerned with the relationship between increased surveillance capacity and state power. The paper begins by analysing two metaphors used in public post Snowden discourse to describe state surveillance practices: the haystack and the panopticon. It argues that these metaphors share a flawed common entailment regarding surveillance, knowledge and power which cannot accurately capture important aspects of state anxiety generated by mass surveillance in an age of big data. The (...) paper shows that the nature of big data itself complicates the power attributed to mass surveillance states by these metaphors and those who use them. Relying heavily on Ezrahi’s distinction between information and knowledge, the paper situates this argument concerning the state and anxiety borne of information overload in the context of literature that concerns the state and information management. Drawing primarily on James Scott’s work on legibility, it argues that the big data born of mass surveillance problematises the concept of information as empowering the state. Instead, understanding mass surveillance in an age of big data requires understanding the relationship between the surveillance state and information in terms of anxiety as well as power. (shrink)

This paper addresses issues of agency and self-identity on the basis of a phenomenology of embodiment. It considers a tension in accounts of embodiment between, on the one hand, the body as the locus of subjectivity, lived experience, and agency, and, on the other hand, the body as constructed, as the site where discursive regimes of power are inscribed. In exploring this tension I consider Frantz Fanon’s and Sarah Ahmed’s phenomenological accounts of racism to illustrate the ways in which (...) social power and violence come to be implicated in these conflicts within our embodied identities. I also consider Foucauldian “power” in relation to Merleau-Ponty’s concept of “institution.” I argue that only the phenomenological concept of institution, by drawing our attention to the ambiguities of lived embodiment, succeeds in offering us resources for thinking about the interplay between passivity and agency in the life of the subject, and, in particular, about a form of agency not wholly reducible to the effects of power. (shrink)

Pressuring someone into having sex would seem to differ in significant ways from pressuring someone into investing in one’s business or buying an expensive bauble. In affirming this claim, I take issue with a recent essay by Sarah Conly (‘Seduction, Rape, and Coercion’, Ethics, October 2004), who thinks that pressuring into sex can be helpfully evaluated by analogy to these other instances of using pressure. Drawing upon work by Alan Wertheimer, the leading theorist of coercion, she argues that so (...) long as pressuring does not amount to coercing someone into having sex, her consent to sex answers the important ethical questions about it. In this essay, I argue that to understand the real significance of pressuring into sex, we need to appeal to background considerations, especially the male-dominant gender hierarchy, which renders sexual pressuring different from its non-sexual analogues. Treating pressure to have sex like any other sort of interpersonal pressure obscures the role such sexual pressure might play in supporting gender hierarchy, and fails to explain why pressure by men against women is more problematic than pressure by women against men. I suggest that men pressuring women to have sex differs from the reverse case because of at least two factors: (1) gendered social institutions which add to the pressures against women, and (2) the greater likelihood that men, not women, will use violence if denied, and the lesser ability of women compared to men to resist such violence without harm. (shrink)

Both in church and culture, discussion of sexual orientation has far outpaced discussion of gender identity, leaving the churches with limited resources to respond to “bathroom bills” or to walk faithfully with transgender persons in their midst. This paper draws on the work of Rowan Williams and Sarah Coakley to argue for understanding gender transition as an eschatological formation ordered to the body’s grace. In critical conversation with Oliver O’Donovan, John Milbank, and David Cloutier, the paper offers a constructive, (...) non-voluntarist theological proposal for transgender affirmation in the service of participation in the triune life that exceeds gender. (shrink)

Motivated by a conviction that mass incarceration and state execution are among the most important ethical and political problems of our time, the contributors to this volume come together from a diverse range of backgrounds to analyze, critique, and envision alternatives to the injustices of the U.S. prison system, with recourse to deconstruction, phenomenology, critical race theory, feminism, queer theory, and disability studies. They engage with the hyper-incarceration of people of color, the incomplete abolition of slavery, the exploitation of prisoners (...) as workers and as "raw material" for the prison industrial complex, the intensive confinement of prisoners in supermax units, and the complexities of capital punishment in an age of abolition. -/- Contents -/- Introduction: Death and Other Penalties Geoffrey Adelsberg, Lisa Guenther, and Scott Zeman -/- Part I. Legacies of Slavery -/- Excavating the Sedimentations of Slavery: The Unfinished Project of American Abolition Brady Heiner -/- From Commodity Fetishism to Prison Fetishism: Slavery, Convict-leasing, and the Ideological Productions of Incarceration James Manos -/- Maroon Philosophy: An Interview with Russell Maroon Shoatz Russell Maroon Shoatz -/- Part II. Death Penalties -/- In Reality-from the Row Derrick Quintero -/- Inheritances of the Death Penalty: American Racism and Derrida's Theologico-Political Sovereignty Geoffrey Adelsberg -/- Making Death a Penalty: Or, Making "Good" Death a "Good" Penalty Kelly Oliver -/- Death Penalty Abolition in Neoliberal Times: The SAFE California Act and the Nexus of Savings and Security Andrew Dilts -/- On the Inviolability of Human Life Julia Kristeva (translated by Lisa Walsh) -/- Part III. Rethinking Power and Responsibility -/- Punishment, Desert, and Equality: A Levinasian Analysis Benjamin S. Yost -/- Prisons and Palliative Politics Ami Harbin -/- Sovereignty, Community, and the Incarceration of Immigrants Matt S. Whitt -/- Without the Right to Exist: Mass Incarceration and National Security Andrea Smith -/- Prison Abolition and a Culture of Sexual Difference Sarah Tyson -/- Part IV. Isolation and Resistance -/- Statement on Solitary Confinement Abu Ali Abdur'Rahman -/- The Violence of the Supermax: Toward a Phenomenological Aesthetics of Prison Space Adrian Switzer -/- Prison and the Subject of Resistance: A Levinasian Inquiry Shokoufeh Sakhi -/- Critical Theory, Queer Resistance, and the Ends of Capture Liat Ben-Moshe, Che Gossett, Nick Mitchell, and Eric A. Stanley. (shrink)

Scott Yenor argues that David Hume's reputation as a skeptic is greatly exaggerated. In David Hume's Humanity, Yenor shows how Hume's skepticism is a moment leading Hume to defend a philosophy that is grounded in the inescapable assumptions of common life. Humane virtues reflect the proper reaction to the complex mixture of human faculties that define the human condition. These gentle virtues best find their home in the modern commercial republic, of which England is the leading example. Hume's defense (...) of both common life philosophy and humanity are, however, flawed by his secretly dogmatic assumptions about the nature of history and his Enlightened approach to religious teachings and psychology. This study makes the case for Hume's manner of grounding philosophy in common life is essential to any reinvigoration of the humanities. It ultimately holds that Hume's practice of that philosophy is seriously flawed, but that a more philosophic philosophy of common life is available. (shrink)

In this analysis I apply a Foucauldian approach to ethics to examine the politically prescribed moral and ethical character required of carers of aged persons at home in Australia and the role of nurses in shaping these behaviours. The work that spousal carers provide, although often founded on love and/or obligation, has been formalized through a variety of policy initiatives and technologies that serve to construct the moral approach they must adopt. This shaping of conduct at the most personal level (...) takes place through the application of codes of behaviour policed largely by nurses. These codes redefine the mode of coexistence between an aged husband and wife and propose a new form of relationship that is derived from and supports policies of the deinstitutionalization of care services for elderly persons. In this way modern carer policy has drawn on knowledge and governance of the self to produce a morality of caring that is both authoritative and scientific. (shrink)

Looking back, the moral panic that precipitated the decimation of horror comics in the 1950s seems quaint, yet concerns about the psychological impact of violent media on consumers have never disappeared. In this article, I outline a particular type of psychological impact we ought to take seriously when evaluating the moral status of entertainment. I then consider (a) ways in which comics seem immune from claims that they create this kind of impact for their readers, as well as (b) ways (...) in which we might think that comics generate special instances of moral danger for readers. (shrink)

This paper considers the justifications for adhering to a principle of confidentiality within medical practice. These are found to derive chiefly from respect for individual autonomy, the doctor/patient contract, and social utility. It is suggested that these will benefit more certainly if secrecy is rejected and the principle of confidentiality is removed from the area of health care.

An assessment of America's preference for "extra-large" shares examples ranging from mega churches and breast augmentation to landfills and mega-malls, in a cautionary report that reveals some of the consequences of these choices.

In this chapter, we critique a concept of resilience that has emerged from contemporary positive psychology and its application to health education. We argue that the present popularity of “resilience” as a strategy for managing mental health discourages educational institutions from providing students with the mental health services they need. Using the tools of American pragmatism, especially the work of John Dewey, we criticize the paradigm of resilience and identify several concrete reformulations of disability studies which would make concrete differences (...) in the lives of those with mental disability. (shrink)

Traditional philosophical discussions of knowledge have focused on the epistemic status of full beliefs. In this book, Moss argues that in addition to full beliefs, credences can constitute knowledge. For instance, your .4 credence that it is raining outside can constitute knowledge, in just the same way that your full beliefs can. In addition, you can know that it might be raining, and that if it is raining then it is probably cloudy, where this knowledge is not knowledge of propositions, (...) but of probabilistic contents. -/- The notion of probabilistic content introduced in this book plays a central role not only in epistemology, but in the philosophy of mind and language as well. Just as tradition holds that you believe and assert propositions, you can believe and assert probabilistic contents. Accepting that we can believe, assert, and know probabilistic contents has significant consequences for many philosophical debates, including debates about the relationship between full belief and credence, the semantics of epistemic modals and conditionals, the contents of perceptual experience, peer disagreement, pragmatic encroachment, perceptual dogmatism, and transformative experience. In addition, accepting probabilistic knowledge can help us discredit negative evaluations of female speech, explain why merely statistical evidence is insufficient for legal proof, and identify epistemic norms violated by acts of racial profiling. Hence the central theses of this book not only help us better understand the nature of our own mental states, but also help us better understand the nature of our responsibilities to each other. (shrink)

This paper develops a precise understanding of the thesis of moral encroachment, which states that the epistemic status of an opinion can depend on its moral features. In addition, I raise objections to existing accounts of moral encroachment. For instance, many accounts fail to give sufficient attention to moral encroachment on credences. Also, many accounts focus on moral features that fail to support standard analogies between pragmatic and moral encroachment. Throughout the paper, I discuss racial profiling as a case study, (...) arguing that moral encroachment can help us identify one respect in which racial profiling is epistemically problematic. (shrink)

Generic generalizations such as ‘mosquitoes carry the West Nile virus’ or ‘sharks attack bathers’ are often accepted by speakers despite the fact that very few members of the kinds in question have the predicated property. Previous work suggests that such low-prevalence generalizations may be accepted when the properties in question are dangerous, harmful, or appalling. This paper argues that the study of such generic generalizations sheds light on a particular class of prejudiced social beliefs, and points to new ways in (...) which those beliefs might be undermined and combatted. (shrink)