This chapter contains sections titled: The Subject Matter of International Law The Sources of International Law Conclusion References.

In this original new study, Grant Havers critically interprets Leo Strauss’s political philosophy from a conservative perspective. Most mainstream readers of Strauss have either condemned him from the Left as an extreme right-wing opponent of liberal democracy or celebrated him from the Right as a traditional defender of Western civilization. Rejecting both of these portrayals, Havers shifts the debate beyond the conventional parameters of our age. He persuasively shows that Strauss was neither a man of the Far Right nor a (...) conservative. He was in fact a secular Cold War liberal who taught his followers to uphold Anglo-American democracy as the one true universal regime that does not need a specifically Christian foundation. Strauss firmly rejects the traditional conservative view held by Edmund Burke that Anglo-American democracy needs the leavening influence of Christian morality. Havers maintains that Strauss’s refusal to recognize the role of Christianity in shaping Western civilization, though historically unjustified, is crucial to Strauss and the Straussian portrayal of Anglo-American democracy. In the Straussian view, the Anglo-American ideals of liberty, equality, and constitutional government owe more to the ancient Greek philosophers Plato and Aristotle than to the Christian tradition. In the process, Havers argues, Straussians end up rewriting history by falsely idealizing the ancient Greeks as the forerunners of modern liberal democracy, despite the Greek toleration of practices such as slavery and infanticide. Straussians also misrepresent statesmen of the Anglo-American political tradition such as Abraham Lincoln and Sir Winston Churchill as heirs to the ancient Greek tradition of statecraft, despite their indebtedness to Christianity. Havers contends that the most troubling implication of Straussianism is that it provides an ideological rationale for the aggressive spread of democratic values on a global basis while ignoring the preconditions that make these values possible. Concepts such as the rule of law, constitutional government, Christian morality, and the separation of church and state are not easily transplanted beyond the historic confines of Anglo-American civilization, as recent wars to spread democracy in the Middle East and Central Asia have demonstrated. This excellent study will be of interest not only to longtime readers of Strauss but also philosophers, political scientists, historians, religious studies scholars, and theologians. (shrink)

Between the American Revolution and the Civil War many Americans professed to reject altogether the notion of adhering to tradition, perceiving it as a malign European influence. But by the beginning of the twentieth century, Americans had possibly become more tradition-minded than their European contemporaries. So argues Michael D. Clark in this incisive work of social and intellectual history. Challenging reigning assumptions, Clark maintains that in the period 1865 to 1942 Americans became more conscious of tradition as (...) a social force, viewed it more positively, and used it more eclectically and selectively for personal and social enrichment. Clark expands upon the existing body of scholarly work by clearly distinguishing tradition from other ways of relating to the past and by studying particular traditions that shaped American thought and culture. He gives primary attention to five individuals who represent the growing influence of tradition in this period: the popular philosopher and historian John Fiske, representing Anglo-American tradition; the Virginia historians Philip Bruce and Lyon G. Tyler, representing a southern variation on a national tradition; the country's leading neo-Gothic architect, Ralph Adams Cram, representing a surprisingly pervasive medieval tradition; and the sociologist Charles H. Cooley, representing views on immigrant traditions. Clark examines how the idea of tradition, initially associated with family home and local town, was carried outward to the larger sphere and applied to promote American expansionism -- territorially, economically, and demographically. Tradition was also used as a weapon by well-entrenched social groups in struggles over power and values. It offered a sense of stability in a time of unsettling technological and sociological change. Ironically, Clark shows, `traditionalists of this era helped to create a modern sensibility by opposing the Victorian linear sense of history and employing instead historical cycles and typology as ways to bridge past and present. The American Discovery of Tradition, 1865--1942 describes a period of time when the social and intellectual forces of tradition and modernity converged in the United States. America was both a nation looking back, now having a memory of its own past, and a nation looking forward to future progress. Clark's book reveals the shaping of the modern American self and its distinctive attitude -- both positive and negative -- toward tradition. (shrink)

In Spain, the introduction of the new Diploma in Nursing in 1977 saw the role of nurses shifting from that of medical assistants with technical skills to being independent members of the healthcare team with specific responsibility for providing professional nursing care. Here, we analyse the evolution of the nursing profession in Spain following the transfer of nurse education to universities, doing so through interviews with the first generation of academic tutors. This was a qualitative study using the method of (...) analytic induction and based on the principles of grounded theory. Participants were selected by means of theoretical sampling and then underwent in‐depth interviews. Steps were taken to ensure the credibility, transferability, dependability and confirmability of data. The main conclusion of the analysis is that there is a gap between a theoretical framework borrowed from the Anglo‐American context and a nursing practice that, in Spain, has traditionally prioritised the application of technical procedures, a role akin to that of a medical assistant. It is argued that a key factor underlying the way in which nursing in Spain has evolved in recent decades is the lack of conceptual clarity regarding what the role of the professional nurse might actually entail in practice. (shrink)

An organisation which operates without a ‘self-concept’ of its goals, authorised roles, governance procedures regarding sharing information, decisional powers and procedures, and distribution of benefits, or without continuous audit of its impact on its end-users, other players in the practice, and the state, does so at some ethical risk. This paper argues that a quasi-personal model of the collective ethical agency of organisations and states is helpful in suggesting some of these key areas which are liable to need careful (...) organisational design and control by leadership groups if the organisation as a whole entity (directors, operators, enablers) steered by the board/CEO as ‘mind/will,’ is to identify its stakeholders - internal and external - and treat them well. Such a quasi-personal model is outlined (QPM) in which six suggested areas should be covered by the leadership group in ethical governance: goals, roles, decision procedures, execution/verification, relations with endusers and other players in the practice, and relations with the community and the state. The ethical conception presupposed is Neo-Aristotelian Virtue Ethics (NAVE). In subsequent papers the many advantages of QPM/NAVE which will be claimed are these: it comes with an analysis of justice which straddles individuals, families, communities, markets, and states; it offers a more coherent normative account of ‘stakeholder’ and the internal/external stakeholder distinction, by differentiating their descriptive, ethical, and causal relations to the firm as collective agent; and it suggests that business practice and business corporations are partly creatures of the state, and merely one kind of evolving and changeable institution, in a practice with a specific socio-political permit, (not the source of ethics, politics, and social policy). (shrink)

The paper completes a trilogy of papers, under the title: “A Quasi-Personal Alternative to Some Anglo-American Pluralist Models of Organisations: Towards an Analysis of Corporate Self-Governance for Virtuous Organisations”. The first two papers of the three are published in Philosophy of Management, Volumes 10,3 and 11,2. This last paper argues that three dominant Anglo-American organisational theories which see themselves as “business ethics-friendly,” are less so than they seem. It will be argued they present obstacles to collective corporate moral agency. They (...) are: 1) the dominant “soft pluralist” organisational theory of Bolman and Deal, published in 1984 and more recently expressed in Reframing Organisations: Artistry, Choice, and Leadership, 5th edition, 2013, which is based on “reframing,” and which we will call reframing theory (RT); 2) the Business Ethics deployment of Stakeholder Management Theory (SMT) associated with R. Edward Freeman, and several colleagues, dominant in the same period (1984-); and 3) to a much lesser degree, an adapted version of SMT in the Integrated Social Contract Theory (ISCT) of Donaldson and Dunfee (Ties That Bind, Harvard Business School Press (1999)). This paper suggests a return, from RT, SMT, and ISCT, to an older “participative-structuralist” Neo-Aristotelian virtue-ethics based account, based on an analogy between “natural” persons, and organisations as “artificial” persons, with natural persons seen as “flat” architectonically related sets of capacity in complementary relation, and organisations as even flatter architectonic hierarchies of groups of incumbents in roles. This quasi-personal model preserves the possibility of corporate moral agency and some hierarchical and lateral order between leadership groups and other functional roles in the ethical governance of the whole corporation, as a collective moral agent. The quasi-person model would make possible assigning degrees of responsibility and a more coherent interface of Ethics, Organisational Ethics, and Management Theory; the reconfiguring of the place of business in society; an alternate ethico-political basis for Corporate Social Responsibility; and a rethinking of the design of the business corporate form, within the practice and institutions of business, but embedded in a state as representing the community. (shrink)

When the state buys and then provides to the citizens goods and services, the state may certainly choose to audit, independently and comprehensively, the quality of the goods and services so provided, particularly when citizens are reporting back that the goods or services are causing unwanted, deleterious effects. This principle applies to intellectual property -- information -- education -- as well as to other goods and services. In particular, it applies to the theory of evolution as taught by the (...) state in its schools, colleges, and universities. A substantial public has long expressed concern; and the state may properly respond to that concern. Naturally, the state would never allow the vendor of goods and services to dictate that only its employees, or others whom it effectively controls, may be allowed to conduct audits. Indeed, persons substantially subject to the control of the vendor are the last possible choices to serve as independent auditors. The conflict-of-interest is well-recognized regarding information and opinion services: a huge problem arose with the big national auditing firms when they also established management consulting divisions -- the auditors tended to report favorably about companies and projects on which their own management consultants were involved. Yet the science community quite bluntly and openly proclaims that only its members -- persons it controls -- may function as auditors of the quality of scientific statements and propositions. They do this by asserting that only scientists may declare what is, or is not, scientific. Now it may be true that within any company, only employees of that company may properly develop the products that the company sells, and only they may deliver the company's statements regarding the quality of its own products. But when a company sells its products outside of itself, to others, such as the government, it may not impose as a condition of sale that only its employees may continue to render opinions about the quality of the product. When the science community actively urges the government to take-up and re-distribute its product, it necessarily surrenders any claim to a monopoly over auditing the product. A difficulty of conducting truly independent audits of science product vended to the government for delivery to the people lies in the fact that to-date, there is no systematic program of developing and training people to serve as such independent auditors. The closest group of people to rely on for this would be lawyers who, in litigation, have developed the ability to cross-examine expert witnesses in cases such as patent cases, or product-liability cases, or other litigations that involve expert testimony in advanced academic fields. This paper outlines a program by which states can conduct appropriate independent audits of evolution as vended to the state by the science community. (shrink)

Architecture and Deconstruction Case of Peter Eisenman and Bernard Tschumi -/- Introduction Towards deconstruction in architecture Intensive relations between philosophical deconstruction and architecture, which were present in the late 1980s and early 1990s, belong to the past and therefore may be described from a greater than before distance. Within these relations three basic variations can be distinguished: the first one, in which philosophy of deconstruction deals with architectural terms but does not interfere with real architecture, the second one, in which (...) a collaboration between Jacques Derrida and a group of architects interested in his concepts is commenced, and the third one, in which completed or only designed objects or new concepts of deconstruction created by architects gain their supremacy over philosophy. The following book analyses these three possible ways, first of all with the reference to Peter Eisenman and Bernard Tschumi. -/- Peter Eisenman -/- Misreading… and Other Errors -/- The issue of relations between Peter Eisenman’s work and philosophy of deconstruction may be referred to his activity more than ten years preceding his direct collaboration with Jacques Derrida (in 1985) and organisation of the exhibition Deconstructivist Architecture at Museum of Modern Art in New York (in 1988). As soon as at the stage of designing the first houses (House I-III, 1967-1970), which almost entirely inscribed in formalistic aesthetics of Modernism, the architect analysed the problem of architecture dependence on its assumptions. All his later designs may be treated as consequence of this initial interest in relations between practice and theory, and at the same time as an introduction to manipulations later on led at the level of metaphysics of architecture. Beginning with the issue of presence, considered in comments to House VI (1972), the number of ideas having their analogies in philosophy of deconstruction increased. The text entitled The End of the Classical: The End of the Beginning, The End of the End (1984), in which Eisenman criticised questions of representation in architecture, its delusive strive for truth and comparably unattainable attempts at ultimate definition of elementary rules, should be acclaimed the breaking point. This attitude was extended by numerous strategies disturbing architecture rules defined at metaphysical level in an essay Moving Arrows, Eros, and Other Errors: an Architecture of Absence (1986). The issue of Eisenman’s passage from formalism to deconstruction has already been much discussed in the literature (Rosalind Krauss, Thomas Patin among others), still it should be mentioned that the threads similar to Derrida’s concept included in Eisenman’s writing reveal untranslatability of architecture and philosophy. -/- Choral Works or Separate tricks -/- In 1985-1986 a series of seven disputes between Jacques Derrida and Peter Eisenman took place. The pretext for them were designs concerning Parc de la Villette in Paris. The situation of many months of collaboration between a notable philosopher of the second half of the 20th c. and an architect that already had a huge theoretical oeuvre, ended up with a publication of a large volume entitled Chora L Works and it became at the same time a vast study area for historians of contemporary architecture and philosophers. Derrida’s contribution to concept works were his considerations over the idea of chôra, the properties related to this concept were about to be reflected in shapes of the park. Therefore, Chora L Works became an example of the abilities of contemporary art, both in its capability of translation from philosophical ideas to artistic forms and its resistance to tradition of representing in architecture some phenomena and values originating outside this discipline. In the final period of their collaboration both interlocutors started to polemicise with each other more decidedly, what became a separate part of their thought exchange. The exchange of letters between Derrida and Eisenman at the turn of 1989 ended up the period of their direct contacts, nevertheless, at this time precisely a large group of experts in issues of deconstruction joined the discussion and extended the revealed in the former dispute problems into more than ten years of further considerations and publications. Except for a long text by Jeffrey Kipnis, who had participated in the meetings of the philosopher and the architect, there appeared also comments of researchers of artistic theories (K. Michael Hays, Thomas Patin), philosophers (Andrew Benjamin), and even experts in Greek literature (Maria Theodorou or Ann Bergren). Following these debates a contemporary reflection on architecture has saturated with indeed numerous concepts originating in philosophy of deconstruction. -/- Architecture which imitates mute philosophy -/- The series of Jacques Derrida and Peter Eisenman meetings, which took place in the period of 1985-1987, induced many authors to make comments. Some of them (Jeffrey Kipnis, Ann Bergren, Maria Theodorou) developed the subject of chôra which was introduced to the discussion by Derrida. The problem that was about to be solved was the question of tying up the concept of chôra with architecture, including Eisenman’s architecture and the series of meetings within frames of Chora L Works project. Kipnis on this occasion paid attention to chôra and its character of anachronia which infects any being created within chôra. In other words any event has its counterpart (analogon) in another, earlier event. He demonstrated the similarity of structure of many events and statements from the times of Derrida and Eisenman’s meetings to the almost identical behaviour of figures in Plato’s dialogue Timaeus. The loss of beginning present in this phenomenon was appropriate to both features of chôra and the effects of typical analyses of philosophy of deconstruction. Bergren’s analyses focused on accentuating gender of chôra, which, according to this author, had been neglected hitherto in discussions. She collated chôra descriptions with characteristics of women in myths, early Greek epic and philosophy and she arrived at a conclusion that chôra has features of a single woman and a married one at the same time. And yet Theodorou’s studies showed that in the Homeric epics chôra is not treated as an idea but is related with single things and events. The other part of the comments (represented by Andrew Benjamin and K. Michael Hays’ utterances) concerns Eisenman’s attitude to tradition which was treated as a variety of iteration understood philosophically. Benjamin commenced his considerations at the point of closeness between a definition of tradition and a concept of chôra understood as perpetuation (placement). A problematic issue was for him Eisenman’s complex relation to tradition based on its contest and affirmation at the same time. Overcoming the simple subordination to tradition – according to Benjamin – was based on awareness of the role of repetition in culture not known before. Hays made an attempt to explain the pleasure and torment of repetition with the support of Sigmund Freud and Roland Barthes’ concepts. According to Hays repetitions are attempts of a single being to a certain primal state perceived as free of any tension. In a similar way Rosalind Krauss explained a motif of a grate present in Modernistic art and also exceptionally frequent in Eisenman’s work. -/- Annex Architecture is still writing Balzac novels. Peter Eisenman and literature -/- Architecture’s approach to writing, script or literature, present within Peter Eisenman’s work, is an exceptional phenomenon, furthermore a complex one. The article considers four possible relations. The first one relates to Eisenman’s characteristics as a person extremely gifted with the ability to wordplay, which very ‘play’ reveals skills to create architectural images. In the second approach the attention has been paid to Eisenman’s interests – in the first period of his oeuvre – in linguistic works by Noam Chomsky and his transformational-generative grammar. The third kind of relations applied to overcoming the need for autonomy of architecture (and of modernist aesthetics at the same time) and renew interests in questions of meaning in architecture. The fourth sort of relations occurred when Eisenman started to create reflections of historic or literary narrations in architecture – ‘stone stories’ and architectural fictions of their kind. -/- Bernard Tschumi -/- From perversion to deconstruction In Bernard Tschumi’s writings from the 1970s and 1980s we can find a transposition of important threads of post-structuralist ideas deriving from Georges Bataille, Roland Barthes and Jacques Derrida’s works. The analysis of the architect’s writings also shows roots in Phillippe Sollers, Michel Foucault and Denis Hollier’s works. The analysis of borrowed elements from the beginnings of Tschumi’s theoretical activity may be helpful in explaining the contents of his later writings motre inspired by philosophy of deconstruction. The set of his earliest views was inspired by Marxism, Neo Marxism and French Structuralism, mainly by the writings of Henri Levebre and Guy Debord. From the thought of Levebre Tschumi took interest for city as not only a question of urbanistics but also a political issue. From Debord’s concepts he borrowed a conviction about the role of situational violation for changes in the society structure. Some of these beliefs were preserved in his own concepts of architecture as an event. From this period derived also his will to change conservative elements of social structure not by means of political revolution but of theoretical and creative activity. Tschumi acknowledged that the effective way of the proceedings towards achieving his aims would be accepting the role of both a critical intellectualist and architecture expert who would not hide away his left-wing orientation. The speculations defined by the architect as ‘revolting analyses’ were about to characterise contradictions which tear the society apart, penetrate architecture and constitute the basis of culture. Spreading away of the conscience of false assumptions hidden away in various disciplines could have weakened cohesion of a conservative society and influence the will to change among the elites. This way the beginnings of political revolution were rooted in philosophy of architecture. In 1977 Tschumi published his text entitled The Pleasure of Architecture inspired by Roland Barthes’s The Pleasure of the Text, it also included some concepts derived from Georges Bataille and Jacques Derrida. First of all the author used Barthes’s concept which made an assumption that literary activity is pervaded by the spirit of resistance towards social rules, and Tschudi transferred this remark onto architecture. From the ideas of Bataille, acquainted via Holier’s work, he derived his belief that two concepts of space, a conceptual one (defined as Pyramid) and a sensual one (defined as Labirynth), not losing their distinct features, they join in the concept of experienced space which exceeds contradictions. The exceeding itself was defined as the basic rule of architecture and it was referred to situations in which architecture not only negates social needs, but also disavows its own tradition. Crossing the borders applies not only to political issues or permanent rules of the very discipline but also interfering with other fields (especially literature and film). The fact that architecture is associated with organising events turned Tschumi’s attention to questions of violence that result from upsetting architectural order of a given building by its users and the one hand, and on the other from forcing the users to specific acts imposed by this very order. The analysis of the concepts used by Tschumi in his early writings indicates that they are close to definitions that would occur in his reflection in the following years influenced by philosophy of deconstruction. -/- Approaching deconstruction Tschumi in his theories developed in the 1980s presumed that the current social world had undergone a deep process of decay, and the reaction against which ought to be based on ordering-up actions, and also preserving the main outline of disintegration of the whole and its elements in the state of conflict. The statements concerning the nature of the contemporary to Tschumi social relations were applied by him to the world of architecture, this led him to coming up with designing strategies that took into consideration the destabilised character of conditions in which works of architecture were created. New ways of conduct invented by Tschumi drew their inspiration from literature and research on literature, psychoanalysis, structural linguistics, structuralism and post structuralism, and eventually also deconstruction philosophy. The proposed methods were opposed by their author both to functionalism continuity trends and postmodern architecture. Tschumi’s proposals contradicted any forms of conservatism or traditionalism in political sphere as well as in reference to tendencies in architecture. They were not simple contradictions of social or architectural rules, they intrude them from the inside, weaken or escalate the already existing incongruities, they move the boundaries between the areas. Revolutionary illusions about the possibility of radical changes were replaced with strategies which completed, tainted or test former rules in the series of formal games of permutation and combination. Quite different from avant-garde formalism Tschumi’s games were not about maintaining the autonomy of a given area, but on the contrary – polluting it with other areas’ influences. Tschumi enjoyed demonstrating illusions of architecture concerning simple relations between form and function, or between form and meaning. Making use of Freud, Lacan and Foucault’s research he introduced a category of “madness” into architecture allowing an observation that the recognised norms are nothing but merely ones of many possible principles of behaviour, and their recognised status resulted from unjustified hindering innovativeness which is crucial for architecture. To reborn architecture’s capability of changing Tschumi also made use of Barthes’s discoveries concerning rules of narration and works by writers who applied in their writing knowledge on linguistics. Making a work’s author unclear by various mechanical transformations of its elements was however apparent only, and formal rigours imposed on the process of designing liberated possibilities difficult to obtain in more traditional creative action. Another mode of acting introduced by Tschumi was combining his work of elements deriving from outside architecture; joining space records with notation of motion and events accompanying architectural objects among others. These architectural and extra-architectural elements were not unified, on the contrary their heterogenous and conflictual character was stressed. This is how shock, anxiety and instability, typical for live in great metropolises, infiltrated architecture. Taking some ideas of deconstruction philosophy as a pattern Tschumi also took into critical consideration in his essays traditional in architecture oppositions between form and figuration, or theory and practice. By combining various inspirations he eventually worked out an idea of architectural event, which he understood as a series of actions contesting its own field, redefining its sources, principles and elements. An event, understood in this way, was not so much producing works as rather creating conditions of their production and at the same time designing the society different from a hierarchic one. -/- Park of deconstruction Among numerous philosophical strategies of deconstruction most frequently used was questioning the practice of strong opposition of two reasons. In many cases Bernard Tschumi’s writings just consider functioning of the conflict juxtaposition of the ideas of structure and ornament or theory and practice in history of architecture. Violation of traditional relations between terms of this kind, both old and modern, raised Jacques Derrida’s objections, when he was induced for the first time to co-operate with architects’ milieu. During this long lasting thought exchange the philosopher eventually acknowledged Bernard Tschumi’s arguments for reasoning the encroachment of architecture’s fundamental rules. Deconstruction applied in architecture was not a simple transposition or analogy of practices that had been applied by philosophy of deconstruction. We may even say that considering architectural terms became an important formula of deconstruction. Architecture understood in philosophical way became something beyond the practice and theory of its own discipline, a sort of metaphysics of both philosophy and architecture. The deliberate encroachment of simplicity of dividing architecture into theory and practice, for the first time became a clear aim for Tschumi in his drawings and texts entitled The Manhattan Transcripts. The contents of this series of works was a record of characteristic features of this New York district in such a way that not only objects were the subject of the record but also relations between objects, people and events. The record was about to take into consideration a conflict character of elements of this representation and at the same time to avoid applying to them the rule of mimetism. The record became a form of reflection over the very record by an increased control over the ways of representation. Architecture which was considered in the The Manhattan Transcripts was not directed to fulfill the needs of inhabitation or production, it was rather related with hitherto usually marginalised liminal situations: building ostentatiously big monuments, religious cult, war etc. Architecture operating in these relations focused also the attention on the included in it continuous tendency to overpass its own restrictions, the role of violence as its not recognised factor, or the meaning of excess and shock in its operation. Architecture moving from reason towards madness became even more visible in the design of Parisian Parc de la Villette, whose pavilions were defined as folies (in French it means both small park buildings and follies). The park was supposed to be on the one hand a reflection of traditional society disintegration while on the other it questioned basic rules of producing a work of architecture. The traditional rules of designing, based on ordering up, were replaced with the strategies of dysfunction and dissociation. In Tschumi’s opinion methods of this kind may be equivalent of what Derrida named différance. Instead of aiming at mergence, any diversity, plays or variations were strengthen. Tschumi’s texts, in which he explained his attitude, were completed by Derrida’s extent statement entitled Point de folie – Maintenant l’architecture. Derrida’s article is the most significant of all his statements on architecture as a form of thinking and activity. According to the philosopher, architecture should divide space (in French defined as espacement), what enables both thinking and action – it arranges the space of an event. Tschumi’s buildings, defined as folies, in an essential way destabilise any created order, and at the same time they refresh it. Derrida’s statement suggests that architecture may become both metaphor of an order merging a language or a society but also of inner forces which deconstruct and reconstruct it. Therefore architecture is at the same time a construction, a deconstruction and a reconstruction. Parc de la Villette stands out in this system with its attempt to step beyond the scheme of an easy repetition and its heading for chances of achieving more radical otherness. -/- Conclusion Destruction as construction. Paradoxes of deconstruction in architecture -/- Scepticism about persistence and common importance of fundamental values of human culture evinced in philosophers and writers’ works as early as in Greek antiquity, nevertheless it was not expressed so strongly as in the second half of the 20th century. Especially in Heidegger’s work Being and Time (although originated in 1927, still influential in all later philosophy) the following states were characterised: the state of losing the ground (Abgrund), of being out of sight (Unheimlichkeit) and of being out of dwelling (Un-zuhause-sein) – as the basis of self-confidence of conscious being there (Dasein). The entire criticism of philosophy of home and dwelling draws the inspiration from this early writing of the German philosopher, it combines crisis of basic terms of metaphysics with social conditions which are dictated by living in large metropolis. The crisis of both metaphysical foundation and home appears to be similar to the situation of weakening the relations between a man and his dwelling in extensively expanding cities. Whereas philosophy, as well as many disciplines of social sciences, have diagnosed for a long time the destabilisation of fundamental ideas of Western culture and crucial changes in the ways of dwelling, architecture itself occurred to be “the last fortress of metaphysics” (J. Derrida). Among contemporary architects, Peter Eisenman and Bernard Tschumi were the ones who engaged most decidedly in the issues of critical analysis of architecture foundation and its social role. Both the architects noticed new formulas of contemporary social and individual existence, tremendously different from the entire history, and at the same time they affirmed lack of adequacy of architecture concepts to new situations. Both Eisenman and Tschumi used to describe the existing architecture as a tool for consolidation of highly integrated and hierarchised societies, and also as a discipline extremely uncoincidental with the current character of social life based on ideas of freedom and diversity. The means to transform architecture and make a factor of further social changes out of it, was a concept that accentuated revealing the inner contradictions of this discipline, and considering them in designing strategies. Eisenman’s activity, in regard of what has just been noticed, was focused on questioning the basic rules of traditionally comprehended architecture, especially the rule of purpose. The American architect noticed that the concept of architecture as fulfilment the need of location, hides away the fact that the location has to be constantly reconsidered, and hence it is overtaken by change (dislocation). Therefore new concept of architecture propounded architectural activity to translocate the concept of location – more than before – but also to change its status perpetually. Such comprehended architecture should claim, as its main purpose, the constant revision of this purpose and create itself anew permanently. Even Eisenman’s earliest designs of houses nos. I-IV broke with such values as the sense of safety, closeness and familiarity, and just on the contrary they accentuated senses of strangeness, homelessness and loss of confidence. The contradictions within architecture noticed by Tschumi referred to combination of intellectual and sensual values in architecture, when their non-appropriation was defeated by an additional condition, namely the way of experience based on pleasure of excess, marked by insanity. The features of folly were especially visible in his designs of gardens, where the order of planning was mixed with sensual experience introduced by particular elements (both the ones created by nature, and the buildings defined as folies). Parc de la Villette designed by the French architect in Paris put in question not only the common understanding of purpose in architecture but also the ideas of order and integrity, as its plan was based on the combination of independent layers with records of grids of points, various lines and planes. The architecture that collides inadequate elements with each other was supposed to be a kind of an event with no beginning and no end. The architecture treated as an event became a form of a space weakened articulation that maintains its diversity and lack of accordance of the elements building it up. The analyses of Eisenman and Tschumi’s theoretical writings indicate how much the aims of architecture have actually changed; instead of supporting social persistence, the architecture is rather intensifying contradictions, and instead of providing people with the sense of safety, it sublimes danger. From simple acts of defamiliarisation, increasing the distance to itself and enhancing the role of theory, through discomfort, anxiety, not feeling someone at home, weirdness, excess, shock and violence, architecture reached the edge of stability and uncertainty, only to make an attempt at penetrating what is impossible and unutterable, and recording what cannot become the subject of any records. -/- . (shrink)

The principle of nemo iudex in causa sua is central to John Locke’s social contract theory: the state is justified largely due to the human need for an impartial system of criminal justice. In contemporary Anglo-American legal practice, the value of impartiality in criminal justice is accepted uncritically. At the same time, advocates of restorative justice frequently make reference to a crime victim’s right to have his or her voice heard in the criminal justice process without regard for impartiality (...) as potentially being morally valuable. In this article, I challenge the central place of impartiality in criminal justice on the grounds that it leads to a setup ill-suited to moral psychology. Though restorative justice advocates are not principled in their implicit rejection of impartiality and the nemo iudex principle, their preferred method of criminal justice conduces to crime victims’ being good judges in their own case. (shrink)

In the early nineteenth century, authoritative treatise writers such as James Kent and Joseph Story represented Anglo-American trust law as a seamless web. But the transplantation of trust law from England to America was not a simple process of adherence. Rather, American courts and legislatures came to discard fundamental English trust doctrines. Restraints on anticipation and on alienation were embraced, and in key state jurisdictions bare trusts were abolished, or else displaced from the core of trust law. Irreducible settlor power (...) over beneficiaries and the strong protection of beneficiaries from creditors under spendthrift trusts were two strikingly original American creations, which flowed from these basic doctrinal choices. The changes made to American trust doctrine yield a paradox for the legal, social and economic historian, namely that republican America ended up with a more dynastic property law, more wedded to dead hand control and more hostile to commercial creditors, than did aristocratic England with its unreformed system of common law and equity rooted in the feudal property system. The American abandonment of free alienability of beneficial interests and the corresponding reduction of the beneficiary’s powers over trust assets may have been rooted in the volatility of credit in America and the desire of the wealthy to escape from the pressures of the market, though disparities between jurisdictions remain to be explained. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Justifying the Right to Music EducationMarja HeimonenIn this study I will explore legal philosophical questions related to music education.1 I will begin by asking, "Is there a right to music education?" and move on to consider what constitutes a right and what kind of music education is at issue. My argument is that there is a right to music education and to a certain kind of music education in (...) terms of content.In the Nordic countries, Finland, Sweden, Denmark, Iceland, and Norway, the right to general music education is based on law. All these countries belong to the Nordic legal culture. They are part of the Continental civil-law system consisting of enacted statutes with abstract norms. Case- and judge-centered common law that develops from decision to decision is used in Anglo-American societies such as the United States and England.2 The law usually leaves the contents of education more or less open.This study explores music education in the light of the ideas of Aristotle and some of his modern followers.3 Philosophers of music education significantly influenced this study, in which I argue that the principal aims of education are connected not only to musical skills, but also to virtues, moral philosophy, and the education of the human being as a whole. My objective is to make the differences [End Page 119] between the aims and content of music education in various societies more explicit and understandable.The right to music education is closely connected to its justification. In practice, music education is justified in terms of internal goods (in other words, by self-justifying values emphasizing personal well-being and self-expression) and external goods (favoring the effective training of future professionals, for instance). I will suggest that external goods should be subordinate to internal goods, and that an optional balance between the two is needed. This balance is achieved through continuous debate in a living tradition that focuses on the holistic view of the aims in music education.However, deeper arguments are needed in justifying the right to music education. According to Estelle Jorgensen, a dynamic and dialectic process characterizes music and education, both of which are part of the changing society and the culture that surrounds them: transformation is ongoing all the time.4 I will argue that music education has an important role not only for the individual, but also for society as a whole, since music could be regarded as an instrument in the teaching of virtues.The question that follows is: what kind of virtues? This essay explores the role of music education in developing one of the fundamental virtues in society, the sense of justice. The role of the music teacher could be compared with that of the judge: to build cases in real practical situations in the framework of general principles, which may be both written (such as law and curricula) and unwritten (tradition). Theory and practice have to go hand in hand—general principles always have to be adapted to individual situations (and not vice versa)—when music educators are acting in the present society.The ApproachThe right to music education includes not only the question of the right of every child and adolescent to receive a certain number of music lessons or to attend a music school. It also involves aspects related to values, aims, and contents. To clarify the complexity of rights in this context, we might think of several levels. The first level of ideological options comprises training for a professional career for which the notion of legal philosophy leans on analytical legal positivism. The second level of ideological options refers to artistic self-expression and the notion of law for this is outlined in terms of "law as culture" and natural law philosophy. The third level consists of the maintenance of societal or cultural values through music education and its notion of legal philosophy is given in terms of the historical school of law and natural law philosophy. A child's rights to music might be regarded as a negative freedom right, with protection against illegal interference on the part of the state, a positive welfare right (an [End... (shrink)

Chapter 1 First Person Access to Mental States. Mind Science and Subjective Qualities -/- Abstract. The philosophy of mind as we know it today starts with Ryle. What defines and at the same time differentiates it from the previous tradition of study on mind is the persuasion that any rigorous approach to mental phenomena must conform to the criteria of scientificity applied by the natural sciences, i.e. its investigations and results must be intersubjectively and publicly controllable. In Ryle’s (...) view, philosophy of mind needs to adopt an antimentalist stance to achieve this aim. Antimentalism not only definitively rejects the idea that mind is a substance separated from the body, it also denies that mental phenomena radically differ from physical phenomena by virtue of several unique features. Most problematically, mental phenomena have a conscious character (mental states are related to specific qualitative feelings) and are accessible only to the first-person (only the subject knows directly what s/he is experiencing inside his/her mind). Ryle takes a strong stance on antimentalism going so far as to maintain that an approach to mind which aims to meet the criteria of scientificity set by the natural sciences must avoid any reference to internal, unobservable mental states. In his view (which is considered a specifically philosophical version of psychological behaviorism and also addresses questions put forward in psychological research), mental states can be redescribed in terms of behavioral dispositions. In this chapter, we address the historical roots of the antimentalist view and analyze its relation to the later tradition of research on mind. We show that, compared to the antimentalist stance, functionalism and cognitivism take a step back when they maintain that direct reference to mental states is necessary since mental states cause and therefore explain human behavior. This step backwards is often interpreted as a return to mentalism. However, this is only partially true. Indeed, we suggest that these later traditions retain one important element of Ryle’s antimentalism, i.e. the idea that mental states must be uniquely identified using external and publicly observable criteria, while excluding any reference to introspection and those qualitative dimensions of a mental state, which are accessible only to the first-person. According to the perspective we put forward, this epistemological stance has continued to influence contemporary research on mind and current philosophical and psychological theories which both tend to exclude the subjective qualities of human experience from their accounts of how the mind works. The issue we raise here is whether this is legitimate or whether subjective qualities do play a role with respect to the way our mind works. The conclusion of this chapter anticipates the argument the book makes in in favor of this latter position, starting from a particular angle, i.e. the problem of how we categorize concepts related to our internal states. -/- Chapter 2 The Misleading Aspects of the Mind/Computer Analogy. The Grounding Problem and the Thorny Issue of Propriosensitive Information -/- Abstract. After the crisis of behaviorism, cognitivism and functionalism became the predominant models in the field of psychology and of philosophy, respectively. Their success is mainly due to the new key they use for interpreting mental processes: the mind/computer analogy. On the basis of this analogy, mental operations are seen as cognitive processes based on computations, i.e. on manipulations of abstract symbols which are in turn understood as informational unities (representations). This chapter identifies two main problems with this model. The first is how these symbols can relate to and communicate with perception and thus allow us to identify and classify what we perceive through the senses. Here we limit ourselves to presenting this issue in relation to the classical symbol grounding problem originally put forward by Harnad on the basis of Searle’s Chinese room argument. An attempt to address the problem raised here will be made in chap. 3. The second point we discuss in relation to the mind/computer analogy concerns the idea of information it fosters. Indeed, following this analogy, information is something available in the external world which can be captured by the senses and transmitted to the central system without being influenced or modified by the procedures of transmission. This perspective does not take into account that – unlike computers – in living beings information is acquired by means of the body. As Ulric Neisser has already pointed out, the body is itself an informational source that provides us with additional sensory experience that influences (modifies or complements) the information extracted from the external world by the senses. To develop this line of analysis and to determine exactly what information is provided by the body and how this might influence cognition, we examine Sherrington’s and Gibson’s positions. Moving on from their views, we qualify bodily information in terms of ‘proprioception’. We use ‘proprioception’ in a broad sense to describe any kind of experience we have of our internal states (including postural information as well as sensations related to the general state of the body and its parts). Following Damasio’s and Craig’s studies, we further elaborate this position, arguing that living beings are equipped with an internal propriosensitive monitoring system which maps all the changes that constantly occur in our body and that give us perceptual (‘proprioceptive’ or propriosensitive) information about what happens inside us. Moreover, relying on Goldie’s and Ratcliffe’s view, we show that emotional information can also be considered as a form of ‘proprioception’ which contributes to determining everything we perceive. This analysis leads us to the second main thesis of this book: ‘proprioception’ is a form of internal perception and it is an essential component of the sensory information we can access and use for all cognitive purposes. -/- Chapter 3 Semantic Competence from the Inside: Conceptual Architecture and Composition -/- Abstract. Concepts are essential constituents of thought: they are the instruments we use to categorize our experience, i.e. to classify things and group them together in homogeneous sets. Here we define concepts as the internal mental information (representations) that allows us, among other things, to master words in natural language. By analyzing the way in which individuals master word meanings we explore a number of hypotheses regarding the nature of concepts. Following Diego Marconi’s research, we differentiate between two kind of abilities that underpin lexical competence – so-called ‘referential’ and ‘inferential competence’ – and we suggest that, in order to support these abilities, concepts must also include two corresponding kinds of information, i.e. inferential and referential information. We point out that the most widely used and acknowledged theories of concepts do not make this distinction, instead broadly characterizing the information used for categorization in terms of propositionally described feature lists. However, we show that while feature lists can explain inferential competence, they do not account for referential competence. To address the issue of referential competence we examine Ray Jackendoff’s hypothesis that to account for the possibility of linking perceptual and conceptual information we need to assume the existence of a (visual) representation that encodes the geometric and topological properties of objects and bridges the gap between the percept and the concept. Furthermore, we analyze the extension of this work by Jesse Prinz who introduced the notion of a proxytype, a perceptual representation of a class of objects that incorporates structural and parametric information related to their appearance. However, as we point out, proxytypes can only explain the relationship between perception and concepts with respect to instances that can be perceived through the senses and that belong to the same class by virtue of their physical similarity. We suggest that this notion be extended to include larger conceptual classes. To accomplish this, we further develop Mark Johnson, George Lakoff and Jean Mandler’s idea of a schematic image and argue that conceptual representations include a perceptual schema. Perceptual schemata are non-linguistic, structured experiential gestalts (patterns or maps) that make use of information taken from all sensory modalities, including body perception. They accomplish a quasi-conceptual function: they allow us to recognize and to classify different instances. In this work, we hypothesize that perceptual schemata are an essential component of concepts, but not identical to them. Instead, we suggest that concepts include both perceptual and propositional information with perceptual schemata providing the ‘perceptual core concept’ that grounds related propositional information. -/- Chapter 4 In the Beginning There Were Categories. The Bodily Origin of Prelinguistic Categorical Organization: The Example of Folkbiological Taxonomies -/- Abstract. Studies of categorization in psychology and the cognitive sciences have made use of the notions of ‘category’ and ‘concept’ without precisely defining what is meant by either; in fact, often these terms have been used as synonyms, making it difficult to address specific issues related to conceptual development. This chapter begins by discussing the definitions of, as well as the distinctions between, ‘categories’ and ‘concepts’ in the classical philosophical tradition (Aristotle, Kant and Husserl). We introduce our view of categories with reference to Husserl. Categorization is defined as the way in which our experience is originally (pre-linguistically) organized in a passive and fully unconscious manner on the basis of universal structuring principles. Conceptualization is explained as a later process in which the earlier categorical macro-classes are further subdivided into more specific and detailed sets; this later process also relies on linguistic learning and exposure to culture. On the basis of Ray Jackendoff, Jean Mandler, George Lakoff and Mark Johnson’s work, we hypothesize that categorization is a two-step process that begins with the formation of homogeneous sets of entities partitioned into regions that describe the ontological boundaries of the objects that humans perceive (categories) and continues at a later stage with the development of more specific classifications (concepts). In this chapter, we mainly address three related issues: Why should we assume that there is categorical organization which precedes the development of a conceptual system? How do categories and concepts relate to each other? Shall we hypothesize that categories are innate or that they are formed before concepts on the basis of information and organizational structure available at a very early developmental stage? We show that categorical partitions are necessary for categorization and, following Mandler, that the general categories we form at an early age do not match our adult superordinate concepts. As for the third issue, we argue that there might be no need to assume that categories are innately present in the human mind, since their formation can be explained – at least in certain cases – by basic mechanisms that work on body (propriosensitive) information. This hypothesis will not be discussed in general, but in relation to a particularly relevant example of categorical partition, i.e. the folk-biological dichotomy between ANIMATE/INANIMATE. This is compared with other dichotomies that derive from it, but are not directly categorical such as LIVING/NON-LIVING and BIOLOGICAL/NON-BIOLOGICAL. -/- Chapter 5 Internal States: From Headache to Anger. Conceptualization and Semantic Mastery -/- Abstract. Here we ask if we can also apply the distinction between referential and inferential competence we introduced in Chapter 3 to words that do not refer to things that are perceived using the external senses, especially to words/concepts that denote bodily experiences (such as pain, thirst, hunger, etc.) or emotions. We introduce and discuss the hypothesis that – even though such words/concepts do not refer to intersubjectively identifiable entities in the external world – they do have a kind of referent that can be accessed via direct perception, more specifically ‘proprioception’, as we have defined it in terms of all propriosensitive information we can consciously access. In the first part of the chapter, we specifically consider terms denoting bodily experiences such as ‘pain’ or ‘hunger’ and argue that their referents are identified and classified from a first-personal point of view on the basis of four main characteristics: their specific intensity, their localization in the body, their co-occurrence with other signals and above all their specific qualitative sensations. Emotions are addressed in the second part of the chapter. We suggest that there is a continuity between bodily experiences and emotions. In particular, we argue for a perceptual theory of emotions in line with that proposed by James and Lange at the end of the 19th century and developed more recently by authors such as Damasio (see also chap. 2§5, §6). The hypothesis we put forward is that the referential information that supports the categorization of emotions and therefore also our mastery of terms referring to emotions consists in the perception (i.e. the ‘proprioception’) of those bodily states and changes in bodily states which constitute our emotional experience. In the context of this discussion we examine some objections to this line of reasoning that arise from a cognitivist perspective and following authors such as Oatley, Johnson-Laird and Frijda, we distinguish between basic emotions that can be identified and classified solely on the basis on how they feel and complex emotions whose identification and classification additionally depends on cognitive factors. To describe how emotions are identified and classified on the basis of how they feel, we rely on Marcel and Lambie’s distinction between an ‘emotion state’ and an ‘emotion experience’. Both notions indicate kinds of feelings that we consciously experience. However, they describe first-order and second order emotion awareness respectively. The emotion state is the feeling we have of the bodily states and changes that occur when we are experiencing an emotion, while the emotion experience is the fully developed and integrated emotion we both experience and are, with reflection, aware of experiencing. On the basis of this differentiation, we also show that the same characteristics that aid in the identification and classification of bodily experiences (specific qualitative sensations; somatic localization; specific intensity; presence/absence of specific concomitant sensations) can also be used for the identification and classification of emotions – at least basic emotions. In the last two sections of the chapter we present some clinical evidence on the semantic competence of people who suffer from Alexithymia and Autism Spectrum Disorder which supports the conclusions of our preceding analyses. -/- Chapter 6 The ‘Proprioceptive’ Component of Abstract Concepts -/- Abstract. In this chapter, we address the issue of whether the mastery of abstract words requires only inferential knowledge and thus, if the concepts that support the mastery of abstract words include only linguistic information. We start by differentiating the notions of ‘abstract’ and ‘general’ which are often erroneously confused. We then identify a strict definition of abstract, as contrasted with ‘concrete’, that applies to words or concepts whose referent cannot be experienced by the senses. We argue that abstract words/concepts would be better described as theoretical, because they are usually conceived as structured sets of inferential knowledge expressed linguistically; that is, as small theories. Pointing out parallels with Carnap’s analysis of this issue in philosophy of science, we hypothesize that words/concepts denoting non-observable entities are not all ‘equally theoretical’, because their link to sensory experience can be stronger or weaker. We revive the distinction, inspired by Quine, between theoretical and intertheoretical concepts/words. This distinction relies on the fact that the former – unlike the latter – retains a strong, although indirect, connection with perception. In Quine’s discussion, perception is understood uniquely in terms of observability, i.e. of external sensory experience. Here we argue, however, that bodily, ‘proprioceptive’ (i.e. propriosensitive) experience can also serve to referentially ground theoretical (i.e. abstract) concepts/words. We frame this issue using the example of the theoretical concept ‘freedom’ and Lakoff’s hypothesis that this concept is developed on the basis of bodily information. We contrast this with the example of ‘democracy’ which more closely resembles an intertheoretical concept/word. Furthermore, we show that one of the classical views put forward in psycholinguistic research to explain how abstract concepts are mentally represented – i.e. Paivio’s Dual Coding Theory – points in the same direction as our analysis. The same is true of Barsalou’s work suggesting that we use internal information to understand at least some abstract words. To sustain this position, we put forward two lines of evidence: the first comes from psycholinguistic studies while the second examines deficits of semantic competence exhibited by people with Autism Spectrum Disorder. On the basis of our analysis, we put forward a classification that distinguishes between different kinds of concreteness and different degrees of abstraction: concepts/words referring to body experiences and basic emotions are described as analogous to concrete concepts/words because they are grounded in perceptual (i.e. propriosensitive) experience, while abstract concepts/words are considered more or less abstract depending on whether they are intratheoretical (and rely entirely on inferential information) or theoretical (and are partially grounded in perceptual – or more often in propriosensitive perceptual – information). In the last section of the chapter we consider two scales that have been used in psycholinguistic research to measure the degree of concreteness vs. abstractness of words and we show that – used conjointly – they can provide a measure of the internal vs. external grounding of specific words. (shrink)

continent. 2.1 (2012): 29–35. Translated by Vincent W.J. van Gerven Oei from Jeroen Mettes. "Politieke Poëzie: Enige aantekeningen, Poëtica bij N30 (versie 2006)." In Weerstandbeleid: Nieuwe kritiek . Amsterdam: De wereldbibliotheek, 2011. Published with permission of Uitgeverij Wereldbibliotheek, Amsterdam. L’égalité veut d’autres lois . —Eugène Pottier The modern poem does not have form but consistency (that is sensed), no content but a problem (that is developed). Consistency + problem = composition. The problem of modern poetry is capitalism. Capitalism—which has no (...) image: the unrepresentable Idea of “everything.” The problem is that a poem cannot be justified. There is no excuse for it. Political poetry— pure poetry—has to be problematic, though not in a mannerist way. Yes, its problem is first its own problem—poetry’s existence in the same world as the newspaper—but therefore also always everybody’s problem (the problem of any world at all). The cult of the sublime points at a suspect desire for transcendence, nostalgia for paradise lost (the womb?). Melancholia of the post-. But a problem neither sorrows nor mourns, it is alive, and the fact that it is alive is the problem—the problem for death (rigidity, the status quo). Our symbols and ideologies do not hide any god: symbolic = state; imaginary = human; real = money. Problem: the possibility of communal speech (poetry) in the absence of a “we.” Or: what is a “we” that is not a collective subject (or in any case is not a volonté générale )? What is a universal history that is not a History? This work was started in the shade of the anti-globalization protests at the end of November 1999. I considered N30 to be the closure of the nineties, of my adolescence, and of the a seemingly total extinction of social desire. From the beginning I was skeptical about the alterglobalization movement as the avant-garde of a new politics, but something was happening . Maybe this event did not show that, as the slogan would have it, “another world” is possible, but for me it indicated that such possibility was at least still possible. That naked possibility is carrying forward. And if the fundamental tone of this work sounds more desperate than utopian, this is not caused by the catastrophic sequence that since 1999 has plunged us ever deeper into the right-wing nightmare—a nightmare that this work also gives an account for—but because my hope as yet remains empty. Composition . Composition is no design, but the production of an autonomous block of affects (i.e. a POEM), rhythmically subtracted from the language of a community. A poem does something. Is something. New Sentence . Choosing the non sequitur as compositional unit has the advantage that an abstract composition is subjected to the stress of concrete, social references. Where there is a sentence, there is always a world. (This does not hold necessarily for words on their own.) And where sentences collide, something akin to a textual civil war takes place. It is not about “undermining” whatever, or de-scribing the raging global civil war, but about writing social (or even: ontological) antagonism -- including all its catastrophic and utopian possibilities. Minor resistance. Why would poetry be the no protest zone par excellence? It is nothing but protest, not simply qua “content,” but in its most fundamental essence: rhythm. Rhythm is resistance against language, time, and space, and the basis of (what we will continue to call) autonomy. Rhythm starts with the anti-rhythmic caesura as Hölderlin remarked about Sophocles, a disruption of the quotidian drone. The destruction of everything that is dead inside of us. The noise of the avant-garde has never been the representation of the noise of (post)modernity (from the television or shopping mall), but the sober noise of the systematic exchange of an unbearable worldview. The poet does not describe, but looks for a way out: There is a Grain of Sand in Lambeth that Satan cannot find Nor can his Watch Fiends find it, tis translucent & has many Angles But he who finds it will find Oothoons palace, for within Opening into Beulah every angle is a lovely heaven William Blake was not mad. And there has always been only one poetry: the poetry of paradise. The principle is that there is something in art (the essentially creative element) that is disgusted by that which, unlike art, does not aim for the supreme. Wonder is not supreme, tranquility is not supreme, beauty is not supreme. Even amusement is not supreme! The supreme is supremely open, “das Einfache,/ Das Schwer zu machen ist” 1 : paradise. That is abstract. Literally. For me it is not about a concrete imagination, an idyll or utopia. There is no doubt a need for that, but it is not so much the supposed lack of imagination or ideals (human rights are ideals), but a fundamental lack of desire (human rights are no desires) that we suffer from, and from which we do not need to remove Nietzsche’s label of “nihilism.” “We.” George Oppen: “ Of Being Numerous asks the question whether or not we can deal with humanity as something which actually exists.” What is less actual than humanity? Nowadays it appears as a lifeless ideology of cynical power politics. Or as what makes one think. It is a shame to be human. The event is the caesura that defines rhythm. Writing toward the event is not the description of the event, but marking an abstract and intense space in which the event may unfold and keep itself. It is a task. “Remember that thou blesseth the day on which I seized thee, because such is thy obligation.” The event is a contraction (or a series of contractions) with its own rhythm and unique qualities. It is more than an explosion or demonstration. But at the same time less. The endless repetition of images and stories in the media points to a fear for the indeterminate and indeterminable void of the event. In the end there is nothing to see. We do not live in disaster’s shade or miracle’s light, but rather in the rhythm, which is contracted time, having little to do with omnipresent representations. For this book I did not intend a rhythm of evental representations (a narrative rhythm), but a rhythm which would be an event itself , because it draws the border between artwork and history. My desire for a direct engagement with the “extra-textual reality” has nothing to do with the representation of “rumor in the streets.” (What has less street cred than representation?) Naturally, a poem is no historical event and does not change anything. But a poem is a part of history that wants to be repeated forever, constructed in such a way that it is worthy of repetition. It is a part of desire (composition) made consistent (durable). The “historical event” flares up and burns down, and has to burn down to be effective. The leftovers are images and stories (representations), History—no event. The artwork—that is the ambition— remains event (though monumental and inefficient/inoperable). (No wonder that a historical singularity, a revolution, reminds us of a work of art; the resurrection yearns for a judgment, an affirmation; everything depends on it.) Hence the title does not summarize the book, let alone contract its “content” into a quasi-transcendental signifier. The title is juxtaposed to the book, like everything else inside the book, and in that relation it precisely forms a part of it. The ideal work is an open whole, lacking nothing but to which everything may be added. I have been interested in this “everything,” the world, or as I said above: capitalism. “Everything” is not the space for “wonder”—a code word, a shibboleth for petty bourgeois imagination (I recognize myself in the strangest things, a speaking dog, a canal, a pond standing straight—oh my god). No. The world is a social world, not YOUR world, poet. Power is number one. I will call “Dutch,” or “shitty,” whatever denies this power. That hurts, but this pain is an expression of the desire in the world to write another world, or as Blanchot says, “the other of all worlds” 2 : the world. Not as what “is there,” but rather as that which urges for an escape from what “is.” This is a testament of how radical reality has become, for me—or rather, a writing body—in a having-been-written. I am not interested in the problem of “meaning” as misunderstood by literary scholarsi: “order” in “chaos,” “symbolization.” Bullshit. What is there, hop, hope, now: the meaning of the taste in my mouth. Bullshit. I am not interested in the frustration of interpretation; I am writing for readers who do not want to interpret. I do not know how many “professional readers” will hear the music of a paragraph like: Sun. Sushi. Volvo. I hope more than I would think. There is a suggestion (or rather, an actual production) of speed and infinitive owing to the absence of plosives, i.e. articulations such as /k/, /t/, or /p/. Can you hear the slick suaveness? Driving car dark, vocal chiaroscuro of the word “sushi.” The unstressed /i/ stands in the middle of dark vowels and thus acquires its own special out of focus , like a momentary flash or brilliance—an obscure light. It is not about recognizing a story, but about avoiding any story whatsoever: the car disappears in the glow, cars and raw fish have nothing in common except their articulation in a language that brings them together, blurring them. A world appears in its disappearance. For a moment, light is a metaphor for language, though it cannot be reduced to tenor. It is not necessary to be a linguist or philosopher to hear this—a “difficult” poem all too often becomes an allegory of its own impenetrable being-language. The only demand: leave your hermeneutical fetish at home. This was no interpretation. Most shit has been stolen etcetera. That is no longer interesting. You cannot shoot the body with information and let your lawyers reclaim the bullets. So every sentence has been stolen. Also the ones “out” “of” “my” “head.” Why would I be allowed to steal from myself and not from others? Man takes what he needs to move forward. Whatever he encounters, finds in front of him, “occurs” to him. The writer as text editor, or singing pirate. Nothing new here. Important difference with for example Sybren Polet’s 4 montage technique: anti-thematicism. Most of the time ferocious citation from whatever I was reading, listening to, ended up in, and so on. I wrote chapter 12 on my laptop while watching CNN. On the air instead of en plein air . I often employed search engines to generate material. Chapter 20 offers the purest example of this. Often I stop recognizing a particular citation after some time. It is not uncommon for a stolen sentence to conform itself to the paragraph in which it finds itself. Sometimes I nearly arbitrarily replace words. Arbitrariness as a guarantee for absolute democracy. It is a poetics of the non sequitur : a conclusion that does not follow from the premises, the strange element in the discourse. A discourse of strangers. No logical, narrative, thematic unity. There is unity in speed/flight. It has to be read linearly, but not necessarily (not preferably) from beginning to end. The shortest distance between two points is a straight line, but this line precedes every point. The middle, the acceleration, comes first. A point occurs where two lines cross. It has been written from up close, at the level of the tension between sentences. Nothing to be seen from a distance: no form except the exchange of form, no geometrical or mythical meaning. You have to get in, “groping toward a continuous present, a using everything a beginning again and again” (Stein). 5 In Dutch, experimental poetry has been mainly dense: a small rectangular form filled with a maximum amount of poetic possibility. But at the moment the poem starts to relax, the anecdotical content seems to increase. This is what is called “epic”: long, narrative. I believe that an epic is more than that, in fact something completely different. An epic is “a poem including history,” 6 a long poem tied up with the life of community, that as a whole does not need to be narrative. The American poets of the twentieth century (Pound, Williams, Zukofsky, Oppen, Olson, Silliman) have put the epic back on the map by interpreting the poem itself as a map, and writing it as navigation. They have invented the experimental epic, a genre that has generated little original following in “our” poetry. N30 is the middle part—“always start in the middle”—of a trilogy, the contours of which remain as of yet unclear, although each episode investigates one of the three “ecstasies of time”—past, present, future—concerning society X. N30 concerns itself with the PRESENT: not with the description of actual facts but of the rhythm and the intense depth in which facts appear to us. Where are we? We are camping in the desert. Sometimes we are looking at the stars. As opposed to maximum density and minimal tension (a characteristic of most (post-)experimental lyricism), I have sought a minimal density and maximum tension in this book, considered as a long non-narrative prose poem. On the one hand, the minimal density is obtained by the inherent formlessness of prose, on the other hand by the conscious refusal of any active (formal, non-rhythmic) synthesis: the poem tells nothing, shows nothing, has no theme. I did not seek maximum tension either by loading the quotidian with epiphanic radioactivity (“wonder,” confirmation from above), or by means of the intensity of the linguistic structure. I want an abstract tension, but social in its abstraction, in other words, not neutralized by and subjected to Form. Instead of form (transcendent): composition (immanent). The concept is series. Ideal: every unit is necessary for the efficacy of the others and the whole, their relation is purely linear, i.e. non-hierarchic, non-syllogistic, non-discursive, non-narrative. Sentence related to sentence like paragraph to paragraph and chapter to chapter; the whole means nothing and represents nothing. Inside the sentence: syntax (Chomsky’s tree, a type of parallel circuit), outside: parataxis (coordination, an asyntactic line through language and world). I consider duration—the energy of duration (rhythm)—to be the fundament of a poem, the temporal inclination to delimit a “space.” Being as consistency, its consistency. A spatial part of time is not merely a metaphor for an inevitable trajectory, an inescapable time, something like “our time.” Not merely—because rhythm comes from language and is not projected onto it; the poem derives from the world like a scent and a color and a life from a flower. A series, a sequence: nothing potential, but truly infinite—the movement of an infinitude. The infinite series = everything minus totality. That means that there is no container—no Form, no Self, no Image, no Structure, not even a Fragment—just “the prose of the world.” No representation, but also no staging of the impossibility of representation (the postmodern sublime). These are no fragments, no image of a fragmented world or personality, no cautious incantations around the Void. It does not exist. It is a movement. Buying bread, a flock of birds, a bomb falling—they do not depict or represent anything, not literally, not metaphorically. There is an Idea, which is however nothing more than a rhythm, in the same way that capitalism is nothing more than a pure function. Parataxis: the white space between two sentences stresses, which is nevertheless always there, also between words, even between letters: the out of focus of idle talk, the gutter, the irreducible Mallarméan mist which renders even the seemingly most transparent text legible. The white space suggests a neutral medium for free signification, a substance of language. A non sequitur is an element from a foreign discourse, which stresses the white space as space, and problematizes freedom for supra-sentential signification. I start by withdrawing material, leaving the initiative to the sentences. In general a word presupposes less often a discourse than a sentence. What discourse is presupposed by “dog”? We could think of several, but why would we? It is more probable that, when faced with the naked word, we think of its naked (dictionary) meaning, of its denotative signified. By means of two simple interventions we may also write the word as sentence: Dog. In no way this suggests the discourse from which this sentence originates, but in any case we’re presupposing one. This is shown by questions like: “Whose dog? Who’s a dog? What kind of dog?” Etc. (Sentences are question marks.) A sentence implies/is a microcosm—a subject, a verb, an object, and so on. Even an incomplete or ungrammatical sentence does so. My main fascination while writing this book is the worldly and social aspect of language, an aspect that often becomes invisible, or rather, transparent in narrativity—the stretching of sentences into stories. Narrativity organizes a new discourse and a new world, and places a sometimes all too dispersing relation of transparence in between. The conventional novel is the brothel of being. I do not intend to prohibit brothels, and I have certainly not intended to write an anti-novel (THIS IS A POEM), but I do consider narrativity (in general, in poetry, in the news, in daily life) to be ontologically secondary with regard to an immediate being in the world through sentences, also if the latter have been withdrawn from a narrative or otherwise externally structured discourse (which in that case would therefore be chronologically primary ). Naturally, two or more sentences are always in danger of telling stories or arguing, just like the world is always in danger of becoming an objective representation, facing us, strangers. That is why need to wage war—against representation and against the interface, against interaction. AGAINST THE “READER.” To the extent that a sentence is worldly, writing is a condensed global war, and in so far as there is ultimately only one world and one open continuum of languages, it is a global civil war. Nice subject for an epic. The elaboration of a singular problem—prose as the outside of poetry, the form of the novel as purely prosodic composition scheme—“expresses” the universal problem: capitalism as Idea of the world vs. poetry as language of an (im)possible community. The paragraphs are blocks of rhythmically contracted social material. By choosing the sentence as the basic compositional component, an abstract whole may contain social sounds, without telling a story or showing an image. Composition is subrepresentative —a rhythmic, passive synthesis, or rather: a synthesis of syntheses. I never write large blocks of prose in one sitting, because there is no obvious organizational vector —plot, theme, conscience—outside the inherent qualities of the material itself. Usually I write down one sentence, sometimes two, but rarely more than three. Those sentences are usually placed in the text which I am editing at the time. In fact, there is no original composition, new chapters split off from chapters which became too long during the editing process. (Revision mainly consists of adding and inserting, displacing and dividing; only during the last phase, when the text has gained enough consistency, there may be subtraction to tighten the composition; each chapter requires a season of daily revision). This constant revision, accompanied by a continuous influx of collective background noise (to speak with Van Bastelaere), 7 makes every chapter a block condensed (“historical” and “personal”) time. The block itself is a-personal and a-historic; it is ontologically autonomous. If there is such a thing as a spirit of the times, I do not try to offer an image of it, but rather to cancel something of it by erecting a monument of its own excrement within its own boundaries. Tuning and dis-tuning , “in de taal der neerslachtigen een eigen geluid doen klinken,” 8 in other words, desiring in an Elysian way. In this sense I have intended to be able to write a political poetry. The ultimate political poem is the epic, “the tale of the tribe.” I consider N30 to be a prolegomenon to a future epic (of which it in the end will form a part a structural moment, as introduction-in-the-middle), an extended pile on top of an epic as narrative, a question of the tribe and question of its history. I was burdened by too much satire, too much bullshit. But: satire willy-nilly = the only justifiable satire. Against the abstract universalism of the market (“globalism”): concrete disgust, a positive way of saying “No.” Moreover, disgust is a specifically total attitude, which ultimately concerns the world as a whole. I hate this or that, but I am disgusted by EVERYTHING (when I am disgusted), and so it appears that satire is in fact related to the epic, in so far as it concerns society, the cosmos, history. Maybe it is no coincidence that the Dutch literary canon knows no great poet of disgust; what could be more fearful to us than society, the cosmos, and history? The T-tendency (T from Tollens 9 ) clearly points into the direction of the small, friendly, ironic, melancholic, acquiescent, wondrous, and so on. The anti-political, anti-cosmic, anti-historical. (Why am I so philosophical? To scare away the Dutchies.) And most of all: the “poetical” (the pseudo-mysticism from the backyard). Yes, the N in N30 also stands for the Netherlands (just like 30 indicates the number of chapters). I was not in Seattle, I do not live in Iraq. But is not the whole world bleeding to death on Dutch paving stones? Let’s hope that we mowed away something with this total satire, also “in myself.” The arrogant stupidity that definitely thinks to know the essence of freedom (the free development of esthetic needs inside the void), that cannot take anything serious, only believes in the disciplined bestiality of the individual (“norms and values”) and the mere functioning of a social factory which finds no justification whatsoever outside its functioning (“get to work”)… Who knows. A certain aimed destruction leaves grooves and craters, mapping out a next adventure. Pound’s periplum : sailing while mapping the coasts. Immanent orientation. The terrain changes with the map, history changes with the poem. Maps never merely organize the chaos, transcendent schemes imposed on a formless Ding-an-sich . They organize from within, surfing. But they are most of all routes back into the chaos or forward to paradise (final identity of chaos and paradise; Schlegel: “ Nur diejenige Verworrenheit ist ein Chaos aus der eine Welt entspringen kann ”10). A poem is not only a piece of history, it is also a flight from history. Maps give chaos to the form of reality , open escape routes, break through representations, make us shivery and dazed. Paradise is immanent to a fleeting desire. History is the history of labor—this is Adam’s curse—and the poet works too: For to articulate sweet sounds together Is to work harder than all these, and yet Be thought an idler by the noisy set Of bankers, school masters, and clergymen The martyrs call the world 11 But: the poet works in paradise. The paradox of the artwork, the work that is no work, the piece of history that cannot be reduced to History—this is explained by The Space of Literature , a virtual space, an autonomous rhythm, not outside, but in the midst of the noise, a piece of paradise in hell, a postcard from the vale of tears addressed to paradise, to X. Political poetry means: a poetry that dares to think about itself, about its language and about its world and about the problematic relation between both, which is this relation as problem. A poetry that thinks at all, articulates its problem. It has nothing to do with journalism or morality or debate, let alone the law or the state. It has nothing to do with “criticism” if this means the replacement of incorrect representations by other, more correct representations. It has something to do with ethics in the sense of learning to live. It has something to do with the community and the language of the community (whichever that may be) and the role of the poet regarding the community. It concerns justice without judgement or measure. In the end the just word is just a word , to paraphrase Godard: it is from a future that is unimaginable. It Is no rational engagement, but an aversion against everything that obstructs life, and love for everything what is worthy of having been loved. The world is engaged with me, not the other way round. First Exodus, then Sinai. A desire does not start with an agenda. To answer the question whether I am really so naive as to want to change the world: “We only want the world.” Justice is the world appealing to us to liberate it from all possible chains, from each organization and inequality, to be it, smooth, equal, under a clear sky—a desert and a people in a desert. That moment between Egypt and the Law. It is not a revolution, but the sky above the revolution. Poetry = the science of escape. There is no art that we already know. The weakness of modernistic epic poetry seems to me to be the unwillingness to completely abandon narrative as a structural principle, in favor of a composition “around” or from an event. The China Cantos and Adams Cantos are the low point, and the Pisan Cantos the high point of Pound’s poetry. Two types of research: archival representation of the past vs. ontology of the present (which virtually presupposes the entire history). Presupposing an event means that it is impossible for the poet to stage his own absence, but in no way makes the work personal. An event is the unknown, the new invading into the business as usual, so also the personal. The question heading this research is not: “Who am I?” but “What is happening?” The book is as little illegible as Mondrian’s work is invisible. Form is of interest only to the extent that it empowers liberation. Ron Silliman So no formalism, but what it means to live in this world and to have a future in it. I want something that holds together that’s not smooth. Bruce Andrews The past above, the future below and the present pouring down: the roar, the roar of the present, a speech— William Carlos Williams If my confreres wanted to write a work with all history in its maw, I wished, from the beginning to start all over again, attempting to know nothing but a will to create, and matter at hand. Ronald Johnson NOTES 1) “The easy thing/ that is difficult to make.” Bertold Brecht, Lob des Kommunismus . (All footnotes are the translator’s) 2) Maurice Blanchot, The Space of Literature , trans. Ann Smock. Lincoln/London: University of Nebraska Press (1989), 75. 3) Mettes uses the word “Neerlandicus,” which refers to scholars of Dutch language and literature. 4) Dutch poet. 5) Gertrude Stein. “Composition as Explanation.” A Stein Reader . Ed. Ulla E. Dydo. Evanston, IL: Northwestern University Press (1993), 495-503. 6) Ezra Pound. 7) Flemish poet. 8) “Resounding an original sound in the language of the despondent.” A. Roland Holst, De afspraak . 9) Dutch poet. 10) “Only such a confusion is a chaos which can give rise to a world.” 11) W.B. Yeats, “Adam’s Curse.&rdquo. (shrink)

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out (...) by the principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

Today's ethical theory , both utilitarian and non-ontological theories dominated. However, we found that many of its subsequent development in the evolution of those who encourage virtue ethics, feminist care theory, social contract theory and the theory of rights-based build. But usually lacking in this discussion - the teaching of ethics by the majority of it seems - is the natural law theory. Natural law theory has its very long history, starting from the Stoic school, it had occupied in the (...) outside world, a strong Anglo-American influence . But today it is still a strong defender of its existence , Joseph Bauer , and Yue Hanfen Jonas ). But in any case it does absent in most contemporary research into ethics, even when it was put in time, is often quickly oppose the theory. Why this theory is often ignored or opposed? We can give a lot of reasons. Some will mention the problem with it ought to. That is contrary to natural law where the basic claim that a person who can not be on the moral statements of a person's actual state is. Some of the attacks this theory is the theory because it is a natural, stable together on it called) natural fallacy, moral assets is a "simple "and do not be a natural thing to be defined . Some critics oppose the natural law theory because they believe that all laws are based is only the ordinary and customs, so it does not matter the existence of any universal moral law. Others argue that natural law theory assumption that there exists, but there is no reason to believe the world for such a presence. Again, some people think that today there is a widespread skepticism that regardless of this objective, universal the existence of moral standards - in other words, a standard applied to all human beings, regardless of their cultural origin or its existence in time and space. In any case, even if this standard exists, we may still ask where they come from? Can we know what they are? And we can determine their legitimacy? In this paper, Maritain's natural law philosophy as a theoretical basis for showing this philosophy of good reasons to lies. Natural law and moral philosophy to provide the philosophy of the relationship and differences between the lies. Thus natural law is natural, because it - especially its first principles, "can be as good, evil can be avoided." - The content is naturally knowable. The first principle is not innate, but it still is not wrong with the talent. We can through all of the knowledge and understanding, to explain the different knowledge of natural law, natural law is the knowledge of the process. The world as we know more, we also know more of their own; we found congenital beyond time. But the fact of moral knowledge needs to transcend time, it does not make a relationship of knowledge, and scientific knowledge that is required is some, as it is relevant. It concluded that the object of this essay have been presented in Maritain's study of natural law. Of Maritain, natural law is "a tendency to order, one can find it, and it will have to act in accordance to meet the person and the nature of the purpose of the inevitable." Considerations of such a proposal is not only a description of human behavior, also on the basis of moral action and human rights standards. Maritain accepted the idea that this law is not only associated with the human and natural to be known. He believed that his theory of knowledge and to give arguments for metaphysics, we can have a human experience consistent with natural law theory of historical perception, as is should be a bridge, and explain why the differences in the nature of moral knowledge not against natural law of reason. If we can take this route - Maritain from the plant into the road on St. Thomas Aquinas - Maritain believe we can at least respond to the majority of the criticism of natural law theory. Of course, natural law theory, there are more than epistemology and metaphysics considerations. Obviously, there are many other kinds of law related to the demand . We also need to indicate whether we know something of natural law. How can we compare Maritain's theory of natural law and other laws of nature? In particular, once popular in the eighteenth century rationalist ideas. Nevertheless, it is obvious that a complete discussion of this article, we should not totally against Maritain's theory - it should be included in today's major moral theories. (shrink)

Whereas a selective yet representative sample of Anglo-American scholarship undermines its own intentions to explain Gadamer’s language-ontology and theory of time by confusing the ground of beings with beings, Cheng and Gadamer explain how a transformation in human existence allows for a temporalization of Being in time that incorporates the subjectivity of the human subject. This argument draws on the dual structure of their cosmogenic worldview in the source and origins of their traditions (Lao Zi/Heraclitus) and has implications for Cheng’s (...) organistic model of causality: It depends on mechanical causation to understand things in themselves. (shrink)

This book evaluates the educational system of the United States from schools for the young up to universities and various forms of adult education. It is not confined to the evaluation of intellectual achievement. Rather it tries to arrive at some judgment as to whether schools help people acquire the degree of maturity necessary for participation in the work of a nation called upon to assume world responsibilities. Education, rightly conceived, is the process by which a growing person, according (...) to his individual capacity, is prepared to understand himself, his place in society, his relation to the universe, and to act upon this understanding. A nation, to whatever extent it can afford to do so, should help future generations to strive for such achievements. But although this obligation is generally accepted by the American citizen, its practical requirements are still not fully understood. A classic soon after its original publication, this book is timelier today than ever. The author convincingly articulates the view that all our efforts at raising the intellectual and moral standards in our high schools are doomed to failure unless we boldly pair the right subject with the right talent. He demonstrates how we can achieve this without rejecting the precious heritage that is our tradition of free secondary schooling for all who can profit by it: his goal is nothing less than the creative combination of quality and justice in education. Ulich's prescriptions for education are bold and practical. The boldness is best characterized by his controversial suggestion that the emotional sphere serves as the means of unifying the highly diverse American society. We see the influence of modern theory and its disenchantment with the merely intellectual theory as a basis for understanding, communication, and meaning. The institution that Ulich proposes is an "ideal" one, but it is described in considerable detail. Its buildings, facilities, curriculum, and informal programs are designed to provide shared emotional experiences while retaining the need for intellectual differentiation. Robert Ulich (1890-1977) was James Bryant Conant Professor Emeritus of Philosophy of Education, Harvard University. He is the author of many books, including Philosophy of Education, and The Human Career. Before coming to Harvard University he served as assistant director of Leipzig Public Libraries, counselor in charge at Saxon University, and professor of philosophy at Dresden Institute of Technology. (shrink)

Anglo-American theories of criminal responsibility require scholars to grapple with, inter alia, the relationship between the formal rule of law and the powers of the lay jury as well as two inherent ideas of freedom: freedom of the will and political liberty. Here, by way of canvassing my past work and prefiguring future work, I sketch some elements of the history of the Anglo-American jury and offer some glimpses of commentary on the interplay between the jury—particularly its application of conventional (...) morality to criminal judgments—and the formal rule of law of the state. My central intent is to pose questions for further study regarding the historical behavior of the jury, the jury’s role in reinforcing notions of political liberty and free will, and, primarily, how scholarly conceptions of the jury’s role and behavior have informed elite theory regarding the justifications for imposing criminal responsibility. (shrink)

In recent years, membership has dropped in traditional voluntary associations such as Rotary Clubs, Jaycees, and bowling leagues. At the same time, concern is rising about the growth of paramilitary and hate groups. Scholars have warned that these trends are undermining civic society by creating a dangerous number of isolated, mistrustful individuals and organized, antisocial renegades. In this provocative book, however, Nancy Rosenblum takes a new, less narrowly political approach to the study of groups. And she reaches more optimistic conclusions (...) about the state of civil society. Rosenblum argues that we should judge associations not only by what they do for civic virtue, but also by what they do for individual members. She shows that groups of all kinds--among them religious groups, corporations, homeowner associations, secret societies, racial and cultural identity groups, prayer groups, and even paramilitary groups--fill deep psychological and moral needs. And she contends that the failure to recognize this has contributed to an alarmist view of their social impact. For example, she argues that, although extremist groups have obvious antisocial aims, they constrain individuals who would be even more dangerous as maladjusted loners. And she examines the rapid growth of small "support groups"--which are usually dismissed as politically irrelevant--and shows that the moral support people find in such places as prayer groups and self-help groups helps to cultivate the social trust some scholars say is disappearing. Rosenblum concludes that, for practical and principled reasons, American democracy should permit expansive freedom of association, illustrating her case with discussion of specific cases in law. Rosenblum recognizes, however, that freedom has a price. She reminds us that some groups have oppressive and even criminal tendencies, and she explores what liberal democracy should do to ensure that individuals also have freedom within associations and freedom to exit. Throughout, Rosenblum writes eloquently and with a powerful moral voice, drawing on law, practical politics, and psychology to produce an original political theory of the moral uses of pluralism. The book adds remarkable depth and subtlety to one of the leading subjects in contemporary social and political debate. (shrink)

The present paper, adopting some of the tools offered by Cognitive Linguistics, namely the mechanisms of conceptual metaphor and metonymy, is a qualitative study of a sociolinguistic nature. Its overall purpose is an attempt at exhibiting a paradigm shift in the representation of women in Anglo-American proverbs. Combining the potential of the cross-fertilisation between Cognitive Linguistics and paremiological studies, the study appertains to the sense-threads embedded in the figurative language of proverbs, with the main focus on a cognitive semantic analysis (...) of selected Anglo-American paremias directed towards women and animals. The main goal of the research is the juxtaposition of the meaning coded in two proverbs of traditional status, as representatives of a larger group of paremiological units (i.e. A woman, a cat, and a chimney should never leave the house; A whistling girl and a crowing hen always come to no good end), reflecting the deep-rooted gender-biased ideology in patriarchal Anglo-American society, with the content of the selected anti-proverb (i.e. The early bird gets up to serve his wife breakfast in bed) and a contemporary proverb (i.e. A woman without a man is like a fish without a bicycle), serving as sample evidence of the heralds of a paradigm shift in the issue of gender stereotyping stored in paremiological wisdom. The paper shows that the motivation behind the use of the analysed proverbs is to be accounted for by reference to the mechanism of metaphor-metonymy interaction, while the rise of new gender-related proverbs can be regarded as a sign of socio-cultural changes. Specifically, through the medium of modern paremiology, asymmetrical representation of male and female gender, coupled with traditional masculine and feminine characteristics as well as social roles, appears if not endangered then, at least, to be taking a promising path. (shrink)

Scholarship on the history of imperialism has tended to overly concentrate on Western imperial hegemony over non-Western societies. On the other hand forms of imperialism in societies elsewhere, particularly Africa, remain understudied. The frame of Western imperialism with its operational principles has generally been represented by non Western scholars as economically exploitative, culturally repressive, politically intrusive and disorienting. The rather limited literature on imperial systems in African political history has often been deconstructive of Western imperialism’s disruptive propensities in its target (...) societies. However, some referential frameworks employed in interpreting Western imperialism are also applicable to processes of empire building and maintenance in Africa. One of the most relevant of these conceptual frames, perhaps, is J.A. Hobson’s idea that imperialism was invariably fashioned through the ‘combination of economic and political forces’ whose sources are traceable to selfish capitalist interests. Using and modifying the Hobsonian economic model of interpretation, this paper analyses an imperial conflict between the British, a Western imperial power, and Asante, an African imperial overlord, in the interior of Ghana during the last quarter of the nineteenth century. It focuses on the ways in which the rivalry between the two imperial powers manifested as the two powers struggled over the control of Nkoransa, a state in northwestern Ghana, which was strategically situated to sway much of the tide of north-south commerce during the period. The paper argues that the pursuit of commercial domination in the area of modern Ghana was the key issue at the centre of all the imperial contestation between Asante and the British from 1874 to 1900 as represented by the struggle over Nkoransa. (shrink)

Scholarship on the history of imperialism has tended to overly concentrate on Western imperial hegemony over non-Western societies. On the other hand forms of imperialism in societies elsewhere, particularly Africa, remain understudied. The frame of Western imperialism with its operational principles has generally been represented by non Western scholars as economically exploitative, culturally repressive, politically intrusive and disorienting. The rather limited literature on imperial systems in African political history has often been deconstructive of Western imperialism’s disruptive propensities in its target (...) societies. However, some referential frameworks employed in interpreting Western imperialism are also applicable to processes of empire building and maintenance in Africa. One of the most relevant of these conceptual frames, perhaps, is J.A. Hobson’s idea that imperialism was invariably fashioned through the ‘combination of economic and political forces’ whose sources are traceable to selfish capitalist interests. Using and modifying the Hobsonian economic model of interpretation, this paper analyses an imperial conflict between the British, a Western imperial power, and Asante, an African imperial overlord, in the interior of Ghana during the last quarter of the nineteenth century. It focuses on the ways in which the rivalry between the two imperial powers manifested as the two powers struggled over the control of Nkoransa, a state in northwestern Ghana, which was strategically situated to sway much of the tide of north-south commerce during the period. The paper argues that the pursuit of commercial domination in the area of modern Ghana was the key issue at the centre of all the imperial contestation between Asante and the British from 1874 to 1900 as represented by the struggle over Nkoransa. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Early Modern Philosophy: Mind, Matter, and MetaphysicsMargaret J. OslerChristia Mercer and Eileen O’Neill, editors. Early Modern Philosophy: Mind, Matter, and Metaphysics. New York: Oxford University Press, 2005. Pp. xxi + 298. Cloth, $55.00.The editors of this collection of essays by the late Margaret Wilson's former students and colleagues present this book "as a snapshot of state-of-the-art history of early modern philosophy" (8). Many of the usual suspects make (...) an appearance in these pages: Descartes, Spinoza, Locke, Berkeley, Malebranche, and Kant. A couple of new faces also come on stage: Damaris Cudworth (Lady Masham), best known as Locke's companion but presented here as a philosopher in her own right, and the Cartesian Bernard le Bouvier de Fontenelle. As the title suggests, most of the papers deal with metaphysical topics, including the nature of matter, the nature of mind, and arguments for the existence of God. Notably absent from the stage are other figures who played key roles in seventeenth-century philosophy, such as Hobbes, Gassendi, and the Cambridge Platonists. The authors stay fairly close to the traditional canon of early modern philosophers and philosophical issues, but, then, so did Margaret Wilson.In their Introduction, Mercer and O'Neill briefly outline the recent historiography of early modern philosophy, at least as practiced in the Anglo-American tradition. These approaches range from the logical analysis of the arguments of historical figures to accounts that situate their subjects in the context of their times. Mercer and O'Neill identify two methodological principles that have emerged since the 1960s and that depart from the older analytic approach, which sought to use historical sources for new philosophical insights. The two principles, articulated by Janet Broughton in her paper in the volume, encourage a greater historical sensibility: (1) the history of philosophy should aim "to articulate how previous philosophers saw their projects"; and (2) the history of philosophy should accept "how remote the fundamental concerns of previous philosophers may be from our own (and how historically conditioned both their concerns and ours may be)" (4–5). The editors claim that all the authors in the volume accept principle (1), but disagree about whether they should abide strictly by the principle or go on to debate with their historical subjects about philosophical issues. Would that the essayists had been as historiographically aware as their editors.It is not surprising that a book honoring Margaret Wilson should contain four articles on Descartes. With a few noteworthy exceptions, the articles deal with very traditional problems growing out of the analytic tradition. Janet Broughton describes the results of a close reading of Descartes's skeptical arguments in the Meditations. Michael Ayers examines Descartes's dualism, demonstrating its relevance to modern discussions of personal identity and the mind-body problem. Edwin Curley considers Descartes's ontological argument for the existence of God, revisiting his own earlier analysis of this question. And Louis E. Loeb provides a critical analysis of Descartes's mind-body dualism. Although all these papers are based on close textual analysis, they largely ignore the historical and intellectual context within which Descartes was writing, focusing instead on the logic of his arguments. They give little acknowledgement to the fact that Descartes was working in intellectually turbulent times as philosophers wrestled with the relationships among the foundations of knowledge, natural philosophy, and theology, or that these factors might have been formative influences on the development of his thought.Most of the other papers take a similar approach. Catherine Wilson sets out to find contradictions between Spinoza's "severe ontology" and his ethical program, and proceeds to explain why his ethical theory has been less influential on modern ethical theory than the ideas of Hume or Kant. She ignores the influence of medieval Jewish philosophy on [End Page 478] Spinoza's thinking, suggesting instead a Platonic influence for which she provides no textual evidence. Roger S. Woolhouse and Jonathan Bennett provide close readings of Locke's theory of matter. Useful as explications, neither paper contains any discussion of the mechanical philosophy more generally or the theological implications of matter theory in seventeenth-century natural philosophy. Vere Chappell examines Locke... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Hope for Common Ground: Mediating the Personal and the Political in a Divided Church by Julie Hanlon RubioBrian StiltnerHope for Common Ground: Mediating the Personal and the Political in a Divided Church Julie Hanlon Rubio washington, dc: georgetown university press, 2016. 264 pp. $89.95 / $29.95Julie Hanlon Rubio wrote Hope for Common Ground to address divisions over ethical and political issues within the Catholic Church. Rubio writes in (...) a spirit of hope, affirming that it is possible for Catholics to find common ground by drawing on resources within their tradition and within themselves. She proposes that "the potential for seeing and developing common ground is particularly strong if we focus on what can be done in the 'local' sphere—that is, in the space between" the personal and the political (xvii). Localized focus is recommended by the Catholic principle of subsidiarity, which means working on social problems from the bottom up through the small- and medium-sized [End Page 195] groups that matter greatly for people's well-being, such as families, churches, and neighborhoods.Rubio's project is vital because civic spaces have become so fraught. Although this book was published early in 2016, these words are even more apt in 2017: "In both popular and academic Catholic circles, politics has become a very uncomfortable space. … Catholics are more divided than at any point in their history, and in this they mirror society rather than providing an alternative to it" (xiv–xv). If Catholic Christians, claiming a common life and common Lord, are as divided as society itself, they testify poorly to their values. By contrast, if they redirect some of their energies from the personal and the political to the local, then "instead of fighting each other, Catholics can participate more, agree on more, and, consequently, build up more" (229).Part 1 of the book draws on Church tradition and ethics texts to articulate a vision of what it means to be a faithful citizen. Divisions within the Catholic community are shaped in part by interpretations of Church teaching that discourage Catholics from thinking they should cooperate with others who think differently. In recent years, the American bishops have pushed Catholic citizens to consider some political issues, such as abortion and gay marriage, as more important than others. Rubio aims to right such imbalances by showing that Catholic teaching supports pluralism, appreciates the pragmatic side of politics, and holds a nuanced account of how people can act conscientiously in an imperfect world. She offers "a social ethic for ordinary Christians" (58), equally focused on faithfulness and effectiveness.The payoff in part 2 of the book is excellent. Rubio enters the culture-war debates over the family, poverty, abortion, and end-of-life care; elsewhere she briefly but insightfully examines white privilege, sweatshop clothing, and police violence. In each of these cases, Rubio describes the current divide, provides background analysis that cuts through misconceptions and slanted data, and suggests ways that Catholics can find common ground and build up the common good in church and society. Here is one small example of the kind of applications she makes: "A Catholic Charities center in my city included a conversation on advance directives in the agenda for a weekly meeting of mothers in a poor neighborhood. Though the instruction was quite simple, it gave the women a chance to talk about their faith, experiences, fears, and hopes in relation to death and dying. … These women are now better equipped than many for the tough conversations that are surely ahead" (218).Rubio practices what she preaches, exhibiting a conversational tone and capacious vision throughout. While focused on Catholic sources and issues, Hope for Common Ground is by no means narrow. Not only other Christians but also all [End Page 196] people have to face the social issues discussed here, and it matters to all citizens how religious communities are addressing them. Therefore, this book is a great launching point for honest conversations in college courses, while scholars in the field will do well to engage with Rubio's theory of local action. The book deserves a wide readership within and outside Catholic circles.Brian StiltnerSacred... (shrink)

Definition of the problem:Truog’s critique of the ”brain death” concept outlines inconsistencies well understood in the U.S. ethical debate, while he is one of the first to suggest returning to the traditional, coherent concept of death, thus breaking with the ”dead-donorrule.” The German transplantation law of 1996 endorses equating ”brain death” with death. A defeated draft, however, had acknowledged that irreversible total brain failure is a death-near state with a zero prognosis; organ harvesting, then, was to be allowed only in (...) case of prior personal consent. The politically effective objection against this concept was its admitted violation of the dead-donorrule and thus its (incorrectly) alleged precedent potential for legalising active euthanasia. Truog’s suggestion to justify organ explantation on the grounds of ”consent and nonmaleficence” would have fuelled German counter-critics had they known it. The problem is how to justify organ harvesting after breaking the dead-donorrule. Arguments: With the allegation that ”imminent death” and ”irreversible coma” allow concluding that there is ”no harm,” Truog ironically returns to the weak arguments traditionally used to support the ”brain death” concept. His suggestion opens the door to a wide array of eligible organ donors (and, indeed, to a precedential case for active euthanasia). The euphemistic tradition of the ”brain death” concept, perhaps a prominent reason for public scepticism towards transplantation, will be perpetuated unless it is acknowledged that the interference of organ explantation with the donor’s dying process does as such constitute ”harm” to this individual. Organ harvesting, then, requires prior personal consent and needs to be clearly differentiable from any act of ”killing” if it is to be compatible with the law, acceptable to surgeons and not a precedent for active euthanasia. A close look at the actual procedure reveals that consent has invariably the effect of prolonging, not shortening the factual life span of the person in whom irreversible total brain failure has been diagnosed. This peculiarity distinguishes organ explantation from all other forms of terminating a person’s life and is not congruent with the ethical and legal notion of ”killing”. Conclusion: Breaking the dead-donorrule by allowing for the donor to give prior personal consent to organ explantation as a procedure that is going to interfere with his or her dying can be justified, informed consent provided, without setting foot on a slippery slope. (shrink)

This article reviews the medieval law background of the parens patriae jurisdiction of the state as it has been exercised over incompetent persons who formerly were competent adults, concluding that the fiduciary standard implied in the statute De Prerogative Regis (1324), which is the basis for modern guardianship status, requires that the court and guardian adopt an attitude of respectful friendship toward the incompetent person, just as though they were to be accountable to the person himself, were he (...) to recover his faculties and become competent once more. This ficuciary responsibility, originating in the device of the "use" or trust employed for the management of the estates of lunatics, contrasts with the self-interested feudal guardianship used for the custody of "natural fools" or "idiots", who were under paternalistic arrangements. The article argues that because the determination of legal incompetence and the consequent transfer of custody of the person and property of an incompetent person to the state would result in a drastic forfeiture of liberty and property interests were it not for the fiduciary obligation owed by the state to the incompetent, the state is under an obligation to exercise its fiduciary duties in good faith and may not impose states policies or advance state interests of its own in the supervision of the affairs of incompetent persons, apart from interests arising legitimately out of the state's institutional interest in providing competent administration for the benefit of the incompetents themselves. Keywords: concept of the person, Cruzan, feudalism, guardianship, incompetent person, parens patriae CiteULike Connotea Del.icio.us What's this? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Genealogies of OppressionA Response to Ladelle McWhorter’s Racism and Sexual Oppression in Anglo-America: A GenealogyChloë TaylorLadelle McWhorter introducesRacism and Sexual Oppression inAnglo-America with an account of her experiences during the days between the attack on and the death of Matthew Shepard. On sabbatical near Pennsylvania State University in October 1998, McWhorter describes following these events as they were covered by the media and discussed on a Penn State University (...) LGBT listserv. A day and a half after Shepard’s death, McWhorter attended a candlelight vigil organized by Penn State students. It was raining, only thirty people were present, their voices could scarcely be heard over the sounds of traffic, and the event risked being more disheartening than consoling. An attempt was made to salvage the vigil through song, and someone suggested singing “We Shall Overcome,” but none of the students knew the words. McWhorter realized that she was the only person present who could lead the group in a song that might bring a sense of hope and closure to the otherwise depressing gathering. However, as she describes, she was wary of calling “upon the memory and power of African American movements for justice and freedom in order to further the rights and interests, or at least comfort the fearful souls of nonheterosexual people” (10). She writes,It was important for Matthew Shepard to remain Matthew Shepard and Emmett Till to remain Emmett Till, two separate individuals whose living and dying are different events in human history. I believed it was important [End Page 207] to remember the differences between black and queer struggles, subcultures, and experiences of oppression.(9)McWhorter thus did not sing, and thegathering disintegrated without closure. Each one of us wandered away, carrying with us, not a sense that despite the violence and injustice all around us life can go on and love and respect do still exist—which is, I suppose, what the candlelight shining in the darkness at such vigils is intended to instil in us—but rather with that sense of futility and hopelessness that drizzle and senseless death inspire.(5)Despite her decision to not sing, McWhorter goes on to discuss not only the danger of Sameness that prompted her decision—the danger of homogenizing or identifying oppressions—but also the “twin danger” of Difference. As McWhorter argues, “If we maintain radical distinctions between political events, we may fail to see important overarching patterns and as a result miss opportunities to form and consolidate alliances that might counter the networks of power that oppress so many of us” (10–11).Although there are risks involved in emphasizing either Sameness or Difference, McWhorter notes that she had always been more worried by the dangers of Sameness. She attributes this intuition to her attraction to Foucault. The genealogical method is concerned with revealing discontinuities between experiences in diverse historical periods, undermining histories that impose homogeneity on the past. Pointing out historical disparities kindles hope for a different future and is thus an emancipatory task. McWhorter notes that Foucault is a “splitter” and not a “lumper” like Hegel or Plato. Despite her Foucauldian aversion to lumping, McWhorter writes that in the wake of that candlelight vigil and the more general political climate of the late 1990s in which allegiances between civil rights movements were being disavowed, she came to worry about that other danger, the danger of too much splitting. She wonders “whether, despite all the differences in experience and effect, it might not be the case that somehow these things are joined together, part of the same matrix of power, employing the same means, serving the same ends, shaping the same lives” (11). She notes, “It is that other danger and that other set of possibilities that have moved me to write this book, despite the risks such an enquiry inevitably runs” (11).The dangers of Difference are practical but also factual since, McWhorter argues, there are real similarities between the deaths of Shepard and Till that risk being overlooked. Most significant of these is that both young men were murdered for their sexual deviance: one for his homosexuality, the other for his insistence that... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 37.3 (2003) 21-40 [Access article in PDF] Unifying the Curriculum with an Art Exhibition:In the American Grain Terry Barrett This is an account of a whole-school faculty designing and teaching a five-month whole-school curriculum based on an exhibit of modern American art, In the American Grain, in a public school in the Pacific Northwest, grades 6-12. This account is a case-study of a successful (...) attempt of teachers, students, and administrators at one school, in one time and place, unifying the whole curriculum by having an art exhibit at the center of learning. The account is given through many voices, especially those of the students in the school who participated in the curriculum, and the teachers who invented it. I served the school as a faculty advisor and thus the telling is in the voice of a participant-observer but I rely heavily on the experiences of the participants and their ways of telling. The students and teachers are unabashedly enthused about what they were able to accomplish in teaching and learning, and are eager to share their experiences with other learningcommunities. This account begins with a short history of the recently founded school and an overview of its curricular mission. It proceeds with students telling about projects they did and their experiences of the curriculum, which evolved around In the American Grain; teachers talking about their experiences with the curriculum; and the founding principal's responses to the curriculum. It ends with my observations and conclusions. I hope that this account might encourage other educators to initiate their own attempts at school reform by placing the arts at the center of the curriculum. The School Vancouver School of Arts and Academics opened in September of 1996 with 525 middle and high school students (grades 6-11 with 12th grade added the following year) in a renovated building originally constructed as a high school in 1928. 2 The school has a new theater, recording studio, rehearsal rooms, and art studios. The school is dedicated to "the dual mission [End Page 21] of academic rigor and artistic excellence," with an evolving curriculum in which all areas of study (math, science, language arts, and social studies) and a full spectrum of arts disciplines (music, theater, dance, moving imagery, literature, and visual arts) are focused around artistic themes taught through interdisciplinary approaches. 3All students attend the school full-time. The mornings are devoted to "academics," subjects that are team-taught to "core groups" of students of combined grades (6-7-8, 9-10, 11-12) and the afternoons consist of three hours of arts instruction in elected classes of mixed-age students. There are four teachers for each core of about 100 students. Teaching and learning is project-based, interdisciplinary, on an art-centered school theme pre-selected for the year by the faculty. In selecting its theme for a year, the faculty follows the state of Washington's pattern for social studies concentrating one year on world history, the next on United States history, and the next on state history. The faculty also privileges an art form for the year: year one is visual arts; year two, music; year three drama; and so forth. Theme-related projects are conducted by students working individually or in small groups of two to three, and are usually teacher-suggested at the junior high level and student-initiated at the senior high level.Students enroll from all areas of the Vancouver school district and neighboring districts. 4 Students and their parents are interviewed and students are selected for the school on the basis of a demonstrated interest in the arts, not on portfolios or auditions, nor on the basis of special designations such as "gifted and talented." Most of the students are from working-class families, and most students graduating from the school go on to college.All faculty members applied to teach at the school, and all have personal interest and expertise in one or more art forms. For example, Mr... (shrink)

Whereas indirect euthanasia is a common clinical practice, active euthanasia remains forbidden in most countries. The reason for this differentiation is usually seen in the principle of double-effect (PDE). PDE states that there is a morally relevant difference between the intended consequences of an action and merely foreseen, unintended side-effects. This article discloses the fundamental assumptions presenting the basis for this application of the PDE and examines whether these assumptions are compatible with the PDE. It is shown (...) that neither a liberal nor a utilitarian point of view makes the utilization of the PDE possible. In accordance with philosophical tradition, only within the doctrine of the sanctity of life does the PDE seem to be applicable. By analysing the premises of this doctrine, and comparing them with those of the PDE, the inconsistency of this idea is demonstrated. It is suggested that the role of the PDE in the current discussion on euthanasia is largely exaggerated. (shrink)

Mirrors for princes, in general, give advices to the rulers about the subtleties of political art. Another aim of these books is to define and explain the administration of the state and the duties of rulers based on experience. In consequence of this they reflect the practical ethics of the period in which they were written. As such, they resemble practical handbooks written for rulers. Another point regarding the mirrors for princes works in which the political understanding of the era (...) can be observed is that they generally use sacred texts in order to prove the political legitimacy or invalidity of the power, as well as the rightfulness or the unlawfulness of the claims to the throne. Evidences from the Qurʾān and the ḥadīth literature was almost always used to support such advocated opinions. In fact, during the Middle Ages when religion and politics were considered coupled, it was unthinkable that religious elements should not be included in the works of state administration. The important point here is that the verses and ḥadīths were sometimes removed from their contexts and interpreted and explained in a way to support the ideology of the author or the ruler whom the author presented his work. In this study, we will try to reveal the subjects in which the verses and ḥadīths used in the mirrors for princes, which is a genre that has emerged within the Islamic culture and civilization. Thus, we aim to prepare a background for the future studies, which will focus on a specific verse or ḥadīth.Summary: The first political splits in Islamic history occurred immediately after the death of prophet Muḥammad. These differences were resolved by the agreement of the majority of Muslims on Abu Bakr's name. Until the second half of the rule of the third caliph ʿUthmān, Muslims came together around the unifying power of the idea of conquest. Nevertheless, substantially as a result of economically based problems the period of tranquility in Islamic society came to an end and was replaced by disputes. Disputes turned into conflict and ultimately seperation fused with the massacre of ʿUthmān in the capital Medina turned into a big fire with the Battles of the Camel and Ṣiffīn, the emergence of Khārijīs, the formation of the Shia and the deepening of the intellectual divisions after the all of these. Islamic history has witnessed a clash of different religious views and beliefs. along with deepening of intellectual disagreements as a result of political debatesIn the Islamic political thought, especially the first two centuries process was formed around the views of the jurists, muḥaddiths and theologians. The first sources used by those who tried to justify their opinion in the differences of opinion experienced during this period were the Qurʾān and ḥadīth literature which Muslims accepted as the determining factor in all their acts. The views based on the Qur'an and the hadiths, which are the two main sources of Islamic religion, had been used to influence the people, legitimize the actions and refute the claims of the opponents. On the other hand the sort who gave direction to political thought changed and political thought adhered a new path with Turks and Persians served as bureaucrats and soldiers and took an active position in the state. Especially Persians carried the culture of advice to Islamic thought, which is the product of both Greek and Hind civilization. Such books had brought in the İslamic society with translation movements began in the Umayyad period and peaked with the Bayt al-Ḥikma in the Abbasid period. Together with these books, the ideas of these civilizations on ideal state administration, politics and morality were recognized by Muslim scholars.These type of works, which are famous in terms of Islamic thought as mirrors for princes, have been written by Muslim scholars since the middle of the eighth century. Mirrors for princes are political, moral and religious content books that gives the rulers practical advice to maintain their power in accordance with the religious orders and prohibitions, and to the consent of Allāh’s who grant them this authority and people which appointed for their administration. Mirrors for princes are mostly theoretical books since they are mostly focused on what should be. In addition, since they are written for names that currently hold power, they are centered on how the rulers can maintain and increase their power and with which practices the state will maintain its existence for a longer period. The basic point of political thought and political interpretation are concepts and definitions. When the concept meaning of a word is mentioned, it is generally considered that there is a general definition. However, the concepts reflect the meaning that the user assigns to him in the context of his thoughts, perceptions, criticisms, explanations and analyzes. Concepts such as fair, honest, brave, hero, beautiful, rich, good and clean express what the person imposes on the meaning. In other words, everyone’s experience determines the content of the concept so far. The meaning of the concepts varies with the age and its user of that concept. Even concepts such as justice, merit and consultation can change meaning in different periods and geographies. The concepts, which are often used to facilitate understanding, are sometimes used to judge, to mold or mislead the interlocutor. In this context, it is imperative to enter the mind of the user in order to make concept analysis.In Islamic civilization, the principles of management are explained with concepts. The idiosyncrasies that Muslims expect from an ideal ruler are defined as justice, consultation, merit, trust and legitimacy and a broad corpus has been written about the concepts related to the administration, especially those mentioned. One type of this corpus is mirrors for princes.In Islamic history, there are many Mirrors for princes who are written in different time periods by names coming from different geographies and different backgrounds. Although the advice given in Mirrors for princes indicate a great similarity to each other, the preferred arguments and examples in the foundation of the counsel are different. While the persons in active politics mostly based their opinions on political arguments, scholars with scientific tradition supported their advices with religious arguments.Verses are the leading religious elements highlighted in Mirrors for princes. While explaining the concepts and emphasizing the importance of the advices, many verses have been exploited. Some verses are used only by one author, while some verses are the subject of their work by many authors. In the same way, ḥadīths and the sentences accepted as ḥadīths were also used to reinforce the emphasis and meaning. At this point, sometimes the context of the verses and ḥadīths were not taken care of. In this study, we aim to address the use of religious elements.In the literature, different opinions have emerged about who is ülü’l-emr and the limits of obedience to ülü’l-emr that used describe the names of senior executives and leaders of society. The reason for the difference is that each sect or religious school provides an interpretation on the basis of grounding its own views in explaining the verse. Justice is the most emphasized concept among the advices given to the rulers in mirrors for princes. Justice, which is shown as the most important feature of a sovereign, has been regarded as extremely important for the state to existences until the Doomsday. In addition, justice has been described as the most important condition for the maintenance of the state/sovereign authority. Consultation was important to make the right decision.Verses and ḥadīths were used in the explanations about the personal characteristics of the sovereign. Some features such as being compassionate, keeping promise, controlling anger, patience, honesty, blessing, extravagance, self-esteem, break a promise, revoke a promise and arrogance have become the subject of politics. When the mirrors for princes are considered as a whole, it is seen that religion and state are considered as inseparable twin brothers, taken one step further the understanding that accepts religion and the world as brothers especially is a product of the old Persian tradition. In this understanding, religion was accepted as the root and was given the duty of its patronage to political authority. It is seen that in the Mirrors for princes verses and ḥadīths hold a significant amount. As the reason for this can be said that along with religion takes place on the basis of morality, the authors of the Mirrors for princes, which put deep meanings on the relationship between religion and the state in the period that we are dealing with, consider both institutions to be complementary and integrative. (shrink)

MacIntyre, Clark, and Heidegger would all agree that the current problem with moral theory is its lack of a satisfactory conception of human telos. This lack leads us to resort to such fictions as rights, interests, and utility, which are “disguises for the will to power.” Ibid., p. 240. These thinkers would also agree that modern nation-states are cut off from the roots of the Western tradition. Modern political economy, with “its individualism, its acquisitiveness and its elevation of (...) the values of the market to a central social place”Ibid., p. 237. is leading us into “the coming age of barbarism and darkness.”Ibid., p. 244. MacIntyre's grim depiction of the future, which Heidegger calls “the time of the darkening of the earth” and “the flight of the gods”,Heidegger, “What Are Poets For?” in Poetry, Language, Thought. can only be met by re-appropriating our own tradition. Although Aristotle has much to tell us, I believe Heidegger is right to turn to Heraclitus for a non-anthropocentric conception of humanity's place in Nature. Other writers, however, such as Arne Naess, George Sessions, and Stuart Hampshire, argue that the writings of Spinoza may offer the most helpful vision of humanity needed to guide our efforts to find a more appropriate basis for our behavior toward each other and toward the non-human world as well.George Sessions, “Spinoza and Jeffets on Man in Nature,” Inquiry 20 (1977):481–528. Sessions' essay was criticized by Genevieve Lloyd in “Spinoza's Environmental Ethics,” Inquiry 23 (1980):293–311. In reply, Arne Naess wrote “Environmental Ethics and Spinoza's Ethics: Comments on Genevieve Lloyd's Article,” Inquiry 23 (1980):313~ 325. Cf. also Stuart Hampshire, Two Theories of Morality (Oxford: Oxford University Press, 1977). Yet Aristotle, Qark, Heidegger, Heraclitus, Maclntyre, and Spinoza all agree that in order to behave fittingly, we must understand what it means to be human. At this time, I would like to acknowledge the importance of the following objection to what I have been arguing here: While it may be true that the concept of human rights is a fiction, it is nevertheless a very useful fiction for changing how human beings relate to each other. Tom Regan has frequently pointed out that even if the concept of rights proves to be ficticious, it can be helpful in protecting non-human beings from abuse by humans. Cf. his essay “Exploring the Idea of Animal Rights,” Animals' Rights - A Symposium (Sussex and London: Centaur Press Ltd., 1979); Regan, “Animal Rights, Human Wrongs,” Environmental Ethics 2 (1980):99–120. The doctrine of the rights of man justified the American and French revolutions, which brought forth new and important human freedoms. Today, most of humanity still lacks the protection afforded by constitutionally guaranteed human rights. Moreover, even in constitutional democracies there are frequent abuses of and attempts to curtail human rights. Until far more people become committed to protecting human rights, it is unlikely that there will be a big movement to extend rights to non-human beings, much less to overcome the anthropocentrism inherent in the concept of rights. What the Buddhist tradition calls “skillful means” is appropriate in our current situation.My thanks to Professor David Levin of Northwestern University for having reminded me of the importance of approaching the question of human rights in a “skillful” way. We must approach people in a way sensitive to their current self-understanding. Before we can pass on to the stage of planetary unity made possible by non-anthropocentric thinking, we need to find ways that promote mutual respect among human beings.On the topic of the relation between spiritual-psychological growth and the shift in human morality, cf. M.W. Fox, “Animal Rights and Nature Liberation,” in Animals' Rights - A Symposium. Out of such respect there can also arise respect for the non-human as well. While largely in agreement with this point of view, I would like to note that our means must be very skillful, indeed, if we are to transform our relationships to each other and to the natural world before irreparable damage is done to the earth, through nuclear war or environmental destruction. The time grows short for the transformation needed to bring us from the stage of anthropocentrism to a deeper awareness of our internal relationship to the whole world. Some people, such as Peter Russell, argue that we are witnessing the evolution of a non-anthropocentric mode of planetary consciousness that will be supported by the revolution in communications and computers. Peter Russel, The Global Brain: Speculations on the Evolutionary Leap tp Planetary Consciousness (New York: J.P. Tarcher, 1983). Other people, such as Jeremy Rifkin, maintain that the coming computer age promises ever greater intrusions into natural processes, such as the drive for control of genetic structures.Jeremy Rifkin, Algeny (New York: Viking, 1983). In my view, while it is important to extend the idea of human rights wherever possible, it is also crucial that we consider seriously the possibility that the idea of human rights is merely a transitional way of conceiving of morality. As we learn more about the interrelationship of human life with all other aspects of the earth's life, our self-understanding will no longer be in harmony with the human-centered morality we know today. We will either learn to respect all beings and act toward them in appropriate ways, or else we will continue down the road we are now headed - a road which seems to have a very disturbing destination. Learning to dwell appropriately on earth is the most pressing moral issue of the day. (shrink)

One of the many general problems that I wish to examine is that to do with the ethics of health care practice and provision. Consequently, I aim to undertake the following: first, I examine, in the light of Rorty's famous dictum concerning suffering, the current state of international policies on health care resource provision. Second, following Brock, I argue that such policies of allocation are founded on broad utilitarian principles. Third, I lay the foundations for an argument that moral utilitarianism, (...) like economic utilitarianism, is dependent upon a form of calculative reasoning which is a necessary feature of the broad Anglo-American analytic approach to philosophical issues, and as a means of helping us to understand both the complex moral status of persons and the way(s) in which health care policies need to be framed for such persons, that approach is found wanting. Fourth, I propose some alternative approaches to minking about health care which are informed more by the phenomenological tradition. I mention both Heidegger and Levinas, whilst concentrating on the work of Hadot, whose emphasis on spiritual exercises has close affinities to the practical health care work and research undertaken by Bradshaw. Such a phenomenological approach can, I suggest, help to lessen what Bradshaw claims is a current dependence upon a 'contract' view of care, whilst attempting to replace it with what she terms a 'covenant' view. (shrink)

We have sought to expound how Jan van Ruusbroec goes about representing the relationship of love between God and human beings by proceeding from God’s inner life of love. Therefore, in the first part of our paper we elucidated Ruusbroec’s view of the inner love reality of the Triune God. In the second part we explained how genuine Christian mystical life is founded within the intra-trinitarian life of love. Prior to discussing the characteristics of Ruusbroec’s trinitarian position, we dwelled upon (...) the author’s development of his idea of the Trinity from a personal perception of his relation with God, the embedding of Ruusbroec’s love-mysticism in traditional Christian faith and his repeated clarification of the Triune God from two perspectives: God’s nature and God’s essence. We found that, in his explanation of God’s nature, Ruusbroec underlines its fruitfulness as a way of demonstrating that God is one dynamic of love, without beginning or end, which ceaselessly and simultaneously consists in “flowing out” and “being flowed back”. This phenomenon, we stated, he associates with the concept, “oneness in threeness” and “threeness in oneness”. Through an exposition on the differing features of unity and the Persons of the Trinity, we came to the conclusion that the author in all of his works combines both the origin of “flowing out” and “flowing-back” with the Holy Spirit as the bond or unity of love of Father and Son. From this we concluded that none of the Persons is the principle or source of regiratio, i.e. return, to the unity. The view that God’s unity of Persons is the principle of exitus-reditus – and not only the third Person as recent scientific research has sought to demonstrate – is what we consider to be the heart of Ruusbroec’s trinitarian way of thinking. We ascertained, further, that the author not only links the unity of the Persons with fruitfulness; he believes that the same “fruitful” unity, drawing in the divine Persons on the level of God’s nature, is the “enjoying” unity on the level of God’s essence. By means of the distinction between God’s enjoying unity and the unity of God’s fruitful nature, Ruusbroec explicates the true facts of the intra-trinitarian life of love. The perception leads him to conclude that God, as a unity of Persons, is ceaselessly and simultaneously working and enjoying. In the second part, we illustrated how Ruusbroec’s trinitarian thought mirrors the basis of his mystical doctrine: the conviction that mystics are unified with the divine Persons both in working and enjoying, and that they are one reality of love with God. We explained how the author, first of all, maintains that mystics, who bear a full likeness to God’s fruitful nature, ceaselessly turn to good works and virtues, just as God, ceaselessly, through the divine Persons, flows out in love. We then avered that the likeness to God’s nature is not the result of human effort and that it arises from God’s touch within the human mind. Moreover, we showed that Ruusbroec, in accordance with his intuition that God’s fruitful unity is both out-flowing and inwarddrawing, believes that God is both impelling humans outward toward virtues and drawing them into God’s unity of love. In analogy with the first part of our argument – as far as the “return” of humans is concerned – we ascertained that our author is stressing the initiative of God’s unity of the Holy Spirit, i.e. the mutual love between the Father and the Son. We found the emphasis on God’s inward-drawing unity to be of great significance, because God’s unity of love also plays a crucial role with respect to the transition to “enjoyment” of human beings in God’s essence. We clarified how human beings, according to Ruusbroec, through the likeness to God’s nature, participate in the enjoyment of God’s essence with the divine Persons. We pointed out that the union in God’s essence is the most intimate experience, but not the end-point of the mystical life as, according to our author, contemplatives are directed, again and again, to good works. Lastly, we arrived at the conclusion that Ruusbroec considers the mystical life, like the life of God, to be ceaselessly consisting of action and enjoyment. However, it is not primarily the analogy with God’s trinitarian reality of love that Ruusbroecs stresses. Basically, he accentuates the fact that mystics ceaselessly experience unification with the divine Persons, both in working and enjoying. This means that mystics, united with the divine Persons in one enjoyment on the level of God’s essence, concurrently experience that, with the divine Persons, they also “share” in God’s “flowing” and “ebbing” on the level of God’s nature. On the basis of this we have affirmed that, according to Ruusbroec, God’s activity and enjoyment in the “Divinity Itself” is God’s activity and enjoyment in the human being, and the inverse. Moreover, we have shown how the author considers both moments to occur simultaneously, both in God and in human beings, meaning that the mystical life is continuously one reality of love with God. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.1 (2001) 153-155 [Access article in PDF] Dieter Sturma. Philosophie der Person. Die Selbstverhältnisse von Subjektivität und Moralität. Paderborn: Schöningh, 1997. Pp. 376. DM 68.00. According to Sturma, it was John Locke who first developed the concept of a person, molding it into an "elaborated theory of personal identity" (27). His approach was continued first by Hume, Rousseau, Kant, Fichte, Schelling, and Hegel, (...) and then in the 20th Century—via Freud, Wittgenstein, Heidegger, and Sartre—by Anglo-American philosophers such as Strawson, Rawls, Frankfurt, Nagel, Parfit, and Taylor. While these authors provide the main orientation for Sturma, Kant seems to assume a leading position. The aim of the book is to trace out a non-reductionist philosophy of the person. Sturma believes that personhood consists in the fully developed subjectivity together with the moral components included in it" and he intends to uncover the "consequences for practical self-relation arising from it" (38). These relations are, first of all, relations to oneself.The book consists of eleven chapters. The last one is a kind of summary. The other ten can be subdivided into three parts. The first part serves as introduction and propedeutic. In it, Sturma first presents "Subjects and Problems of the Philosophy of the Person" (chapter I), then gives a compendium of "The History of the Philosophy of the Person" (chapter II), and finally presents a "Critique of Reductionism"(chapter III). The last part is the largest. Its main thesis is "that persons are at least in principle subjects who are due freedom, accountability, and self-determination, and who [... ] can initiate reflective and practical self-relations within the social space" (59). After claiming that in practice "every reductionism conceals a kind of determinism" (60), Sturma gives a sketch of his critical approach. Dealing with different forms of determinism, physicalism, logical empiricism, with Wittgenstein's position between reductionism and non-reductionism, and with Thomas Nagel's critique of reductionism, Sturma arrives at a discussion of the difference between (mental) experience (Erlebnis) and events (Ereignis). As a proponent of a "moderate naturalism" (95), he tries in the style of Davidson to take up a middle position, which neither denies events in space and time nor eliminates the personal standpoint of experience.The next two chapters, "Self-Consciousness"(chapter IV) and "Consciousness and [End Page 153] Personal Identity"(chapter V) form the second, more theoretical, part of the book. According to Sturma, Descartes deserves credit for revealing the irreducibility of self-consciousness. This irreducibility is revealed by the fact "that persons become aware of their existence in a way which differs from all other states of consciousness" (103). After discussing mainly analytical objections—above all Wittgenstein's 'private-language' argument and Ayers' critique of the Cogito argument—he summarizes the position of the Heidelberg school (Henrich, et al.). His effort is directed primarily at showing that reflexivity and self-reference are essential to self-consciousness. He tries to develop a concept of self-consciousness that is capable of tying together self-acquaintance and reflection. He believes that only in this way can "the project for a philosophy of the person that is critical of reductionism be transferred to a constructive concept of self-determination"(107). In self-consciousness a person always behaves in relation "to her concrete existence and her concrete behavior in ontological and social space." This explains why the immediate self-relation of self-consciousness is "always an alteration and its subject at once the altering instance and the altered person" (144f). This is followed in the fifth chapter by an examination of the relation between person and identity, where Sturma_starting with the Locke-Leibniz controversy_shows that a person refers to her identity as a given as well as something that needs to be produced (cf.187).The next chapter, "Personal Identity and Practical Self-relations" (chapter VI) is the beginning of the third part of the book, which is essentially practical. In this and the following chapters—"Contexts of Practical Self-relations: The Unconscious and... (shrink)

Requests by patients or their families for treatment which the patient's physician considers to be "inappropriate" are becoming more frequent than refusals of treatment which the physician considers appropriate. Such requests are often based on the patient's religious beliefs about the attributes of God (sovereignty, omnipotence), the attributes of persons (sanctity of life), or the individual's personal relationship with God (communication, commands, etc). We present four such cases and discuss some of the basic religious tenets of the three Abrahamic faith (...) traditions as they relate to such requests. We suggest that religious reasons for requesting "inappropriate" treatment are "special" and deserve serious consideration. We offer guidance to assist clinicians and clinical ethicists as they attempt to resolve these conflicts, emphasising the importance of understanding the religious beliefs of the patient/surrogate and suggesting the assistance of a religious interpreter. We suggest open discussion with patients and families of both the clinical situation and the theological basis for these requests. We also suggest that clinicians use additional religious doctrines or principles from patients' own traditions to balance the reasons behind the requests. We conclude that most persistent requests for "inappropriate" treatment should be honoured. (shrink)

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the (...) actor's conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Books ReceivedThe Ahmadis: Community, Gender, and Politics in a Muslim Society. By Antonio Gualtieri. Montreal and Kingston: McGill-Queen's University Press, 2004. Pp. xvi + 192. Hardcover $65.00. Paper Cdn $24.95 / U.S. $19.95.American Knees. By Shawn Wong. Seattle and London: University of Washington Press, 2005. Pp. xxi + 229. Paper $14.95.The Art of Worldly Wisdom. By Baltasar Gracian and translated by Joseph Jacobs. Mineola, NY: Dover Publications, 2005. Pp. (...) xiii + 114. Paper $5.95.Bashō's Journey: The Literary Prose of Matsuo Bashō. Translated by David Landis Barnhill. Albany: State University of New York Press, 2005. Pp. xvii + 191. Hardcover $59.50. Paper $17.95.Bringing the Gods to Mind: Mantra and Ritual in Early Indian Sacrifice. By Laurie L. Patton. Berkeley: University of California Press, 2005. Pp. xv + 289. Hardcover $49.95/£32.50.Buddhist Inclusivism: Attitudes Towards Religious Others. By Kristin Beise Kiblinger. Burlington, VT: Ashgate Publishing Company, 2005. Pp. viii + 145. Hardcover $89.95.A Chinese Ethics for the New Century: The Ch'ien Mu Lectures in History and Culture, and Other Essays on Science and Confucian Ethics. By Donald J. Munro. Hong Kong: Chinese University Press, 2005. Pp. xlv + 158. Hardcover $33.00.Chinese Theories of Reading and Writing: A Route to Hermeneutics and Open Poetics. By Ming Dong Gu. Albany: State University of New York Press, 2005. Pp. xiv + 334. Hardcover $85.00.A Dictionary of Cantonese Slang: The Language of Hong Kong Movies, Street Gangs, and City Life. By Christopher Hutton and Kingsley Bolton. Honolulu: University of Hawai'i Press, 2005. Pp. xxiv + 492. Paper $28.00.Ghazālī and the Poetics of Imagination. By Ebrahim Moosa. Chapel Hill and London: University of North Carolina Press, 2005. Pp. xiii + 349. Hardcover $59.95. Paper $22.50.Going Forth: Visions of Buddhist Vinaya. Edited by William M. Bodiford. Honolulu: University of Hawai'i Press, 2005. Pp. x + 317. Hardcover $48.00.The Harem: Inside the Grand Seraglio of the Turkish Sultans. By N. M. Penzer. Mineola, NY: Dover Publications, 2005. Pp. 277. Paper $14.95.Ideals of the East: The Spirit of Japanese Art. By Kakuzo Okakura. Mineola, NY: Dover Publications, 2005. Pp. xiv + 106. Paper $5.95. [End Page 365]An Illustrated Chinese Materia Medica. By Jing-Nuan Wu. New York: Oxford University Press, 2005. Pp. 706. Price not given.Jews and Arabs: A Concise History of Their Social and Cultural Relations. By S. D. Goitein. Mineola, NY: Dover Publications, 2005. Pp. xv + 263. Paper $12.95.The Logic of Nothingness: A Study of Nishida Kitarō. By Robert J. J. Wargo. Honolulu: University of Hawai'i Press, 2005. Pp xi + 241. Paper $25.00.The Moral and Political Thought of Mahatma Gandhi. By Raghavan N. Iyer. New Delhi: Oxford University Press, 2000. Pp. xiii + 449. Paper Rs 520.00.Nietzsche's Epic of the Soul: Thus Spoke Zarathustra. By T. K. Seung. Lanham, MD: Lexington Books, 2005. Pp. xxviii + 370. Hardcover $83.00. Paper $27.95.Of Guilds, Companies, Corporations, and Governance: A Conceptual Sketch. By Leonardo R. Silos. Makati City, Philippines: Asian Institute of Management, 2005. Pp. xvi + 238. Price not given.The Path to Rome. By Hilaire Belloc. Mineola, NY: Dover Publications, 2005. Pp. ix + 251. Paper $12.95.The Philosophy of the Bhagavadgātā : A Study based on the Evaluation of the Commentaries of Śamkara, Rāmānuja and Madhva. By S. M. Srinivasa Chari. New Delhi: Munshiram Manoharlal Publishers, 2005. Pp. xxvi + 294. Hardcover Rs 575.00.The Philosophy of Rabindranath Tagore. By Kalyan Sen Gupta. Burlington, VT: Ash-gate Publishing Company, 2005. Pp. ix + 103. Hardcover $79.95.The Pristine Dao: Metaphysics in Early Daoist Discourse. By Thomas Michael. Albany: State University of New York Press, 2005. Pp. xi + 170. Hardcover $60.00. Paper $21.95.Three Mountains and Seven Rivers: Prof. Musashi Tachikawa's Felicitation Volume. Edited by Shoun Hino and Toshihiro Wada. Delhi: Motilal Banarsidass Publishers. 2004. Pp. xx + 903. Hardcover Rs. 1800.The Unity of Mystical Traditions: The Transformation of Consciousness in Tibetan and German Mysticism. By Randall Studstill. Leiden and Boston: Brill, 2005. Pp. xii + 304. Hardcover @89/$127.00.Writing the World: On Globalization. Edited by David... (shrink)

What could be more certain than the fact that 2 plus 2 equals 4? Since the time of the ancient Greeks mathematicians have believed there is little---if anything---as unequivocal as a proved theorem. In fact, mathematical statements that can be proved true have often been regarded as a more solid foundation for a system of thought than any maxim about morals or even physical objects. The 17th-century German mathematician and philosopher Gottfried Wilhelm Leibniz even envisioned a ``calculus'' of reasoning such (...) that all disputes could one day be settled with the words ``Gentlemen, let us compute!'' By the beginning of this century symbolic logic had progressed to such an extent that the German mathematician David Hilbert declared that all mathematical questions are in principle decidable, and he confidently set out to codify once and for all the methods of mathematical reasoning. (shrink)

My dissertation defends W.E.B. Du Bois’s philosophy of modern freedom, which he grounds in the historical reconstruction of the American civic community on the moral basis of free and equal citizenship. Rather than ascribe to him an elitist politics of racial ‘uplift’ and assimilation to Anglo- American folkways, I instead argue that he defends black moral and political autonomy for securing state power and civic equality. Additionally, he challenges both historical and the contemporary political philosophers, including John Rawls, Axel (...) Honneth, and Philip Pettit, to articulate the racial dimension of the development of a social order that actualizes the moral meaning of free and equal citizenship. In establishing his novel philosophy of freedom, I adduce three critical components: (1) Contra standard interpretations of Du Bois that claim he espouses a controversial racialist doctrine, I argue that his racialism is best understood as conceptualizing the ethical salience of racial difference in the context of a democratic plurality. In the light of dominant accounts of plurality that do not foreground race, pace Margaret Gilbert and John Rawls, Du Bois deemphasizes individuals’ free choice in social group formation. In accepting the importance of free choice, he stresses collective historical experience as furnishing the normative salience of racial identity, which prefigures individuals’ free choice. A racialist model of racial difference in a democratic plurality exacts the civic obligation to confront the historical legacy of slavery and Jim Crow. (2) In advancing the moral value of citizenship, Du Bois affirms the moral obligation of the modern American state to represent black interests from Reconstruction onwards. Drawing on G.W.F. Hegel’s normative theory of the modern state, I justify Du Bois’s analysis of postbellum federal policies concerning black freedmen and refugees of the Civil War. Du Bois observes that the Freedmen’s Bureau – established with the passage of the 1865 Radical Reconstruction Amendments – democratically facilitated a ‘social revolution’ by promoting the integration of black freedmen on the moral basis of free and equal citizenship under the aegis of the federal government. Implicit in his analysis is a normative commitment to representational government that in attending to the needs of the postbellum black community incorporates black political will in the public adjudication of the common good – a historically unprecedented phenomenon. (3) With the rise of Jim Crow, when the U.S. federal government skirted its moral obligation to defend black interests, Du Bois argues that the black church and college assumed a civic function. Habits of citizenship flourished there, affirming the moral agency of African Americans as American citizens. Inasmuch as these institutions groomed disenfranchised black citizens for the assumption of political power, I articulate the challenge they present to John Rawls, Axel Honneth, and Philip Pettit to chart the civic dimension of ‘private’ social institutions. Because they neglect to theorize the historical experience of racial subordination, their views of freedom omit a formulation of social cooperation guided by the notion of the civic within the institutional context of civil society. Specifically, their accounts of the interrelation between citizens, social institutions, and the modern state fail to capture the civic function of the black church and college during Jim Crow. Thus, Du Bois’s dynamic, institution-based account of freedom highlights the racial dimension in the historical contestation of the legitimate scope and ends of the American civic community. (shrink)

In terms of income and wealth (and a variety of other measures), citizens of the United States are significantly less equal than their peers in Canada and Europe. In addition, American society is becoming increasingly less equal. Some theorists argue that this inequality is inefficient. Others claim that is unjust. Many Americans, however, are less concerned with the potential inefficiency and injustice of growing inequality. Distinguishing as Milton Friedman does between equality of result and equality of opportunity, many claim (...) that American inequality is greater because our social and political institutions hold individuals responsible for their decisions. There is nothing unjust about holding individuals responsible for their choices or preferences. This political philosophy builds from the popular idea that, in the words of Dennis Prager of the Heritage Foundation, “American individualism and the Judeo-Christian notion of personal accountability gave us the extraordinary nation that we built here.” At least since the publication of the Republican Party’s Contract with America, every prominent Republican (and many Democrats) has affirmed the importance of personal responsibility. The idea of personal responsibility plays a central role in debates over how to structure U.S. society. For these reasons, this paper considers a group of theories that Elizabeth Anderson labels “luck egalitarian.” These theories remain the most influential philosophical attempts to incorporate personal responsibility into a theory of justice. This essay takes as its staring point Anderson’s widely discussed criticisms for these theorists, and considers several of the best and most sustained responses to these criticisms (and related claims by Samuel Scheffler, Jonathan Wolff, and others). The goal is not to provide a summary of different luck egalitarian accounts of justice, a task others have performed admirably (Knight 2009, Knight and Stemplowska 2011). Furthermore, this paper will not attempt to decide which luck egalitarian theory best withstands these criticisms. Instead, this paper makes a philosophically and empirically informed case regarding how policy makers ought to utilize a principle that plays a prominent role in current American public policy debates: the role of personal responsibility. In order to make this case, I must weave normative and empirical analysis, and consider the ways in which social position in the status quo United States does not trace personal responsibility. From this analysis, I suggest three policy priorities for those interested in redeeming the oft-celebrated claim about American society: that an individual is responsible for her social position. This work promises to be of interest to any theorist or policy maker concerned with the practical implications of recent work in the moral and political philosophy of personal responsibility, or, really, anyone interested in making American society comparatively just. (shrink)

The ethical choices faced by engineers today are increasingly complex. Competing and conflicting ethical demands from clients, communities, employees, and personal objectives combine to suggest that engineers employ ethical approaches that are adaptive yet grounded in three concrete professional circumstances: first, that engineers apply unique professional skills in the service of a client, subject to protecting the public interest; second, that engineers advance the state of knowledge of their professional field through reflection, research, and sharing experience in journals and conferences, (...) and third, that they develop new professionals by active mentoring. This paper examines five features of American pragmatism and suggests that its emphasis on specific, context-based ethical decision making can assist engineers in a postmodern setting. In particular, it considers the venues of interpersonal ethical choices, institutional ethical conflicts, and social choices that have ethical components. Pragmatism suggests that in such a complex ethical climate, there is a need for the co-evolution of judgment and action, for individual reflective judgment in particular situations, and for ceasing to search for a single, immutable principle for ethical choice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Shimmering Maya and Other EssaysPatrick HenryThe Shimmering Maya and Other Essays, by Catharine Savage Brosman; 149 pp. Baton Rouge: Louisiana State University Press, 1994, $24.94.When the author was fifteen, she held the rank of “prospector” at Girl Scout Camp. Now, over forty years later, she is “digging down through the layers, sifting through the running stream of memory” (p. 14). Her art of prospecting affords the reader (...) a linear impression of a journey that begins with “The Shimmering Maya,” a recountal of a family move in August 1944 from Colorado to South Texas. “Desert Silvery Blue” describes life in Alpine, Texas, while “Leaving for Good” narrates her experience of displacement as she departs Alpine in 1951 to attend Rice Institute, known then as “the atheist school” (p. 37). From Alpine to Houston, she experiences the greening of America and the shock of Gulf Coast humidity, “a sensation of being hit in the face and smothered” (p. 42). At Rice, she finishes her degrees, travels to France, her intellectual home, and returns, in “Cherry Time”—“Yes, Virginia, there is a Virginia” (p. 52)—to describe her life in full bloom during this relatively short but intense period, spent in and around the state of Virginia, before her permanent move to New Orleans. Two essays conclude the volume even as they bend back toward its beginning. “Winter Light” narrates the life of her grandfather, Edward Hill, newspaperman, teacher, doctor, writer, and formidable learner whom she knew only in the winter of his life but whose light illuminated her being and “whose heir I feel, or wish, myself to be” (p. 130). “Turn My Face Out to the West” recounts a recent camping trip in New Mexico but, more profoundly, a return to the Western land of her youth. Like the Anasazi and Pueblo Indians, she too was born there and, reclaiming their heritage as partly hers, extols their solar-based science, courage, sense of community, independent spirit, and love and respect for the land.Brosman paints being, however, as well as becoming. Essays six through eleven focus more centrally than the others on her habitual self: her self-portrait as teacher, scholar, poet, traveler, and traditional woman. As a teacher of language, she offers “at once an end and a means” (p. 86) and, as literature teacher, not “entertainment chiefly but the pursuit of truth” (p. 88), undogmatically attempting to elicit self-awareness without imposing a single view. [End Page 136] A traditional woman who has never felt uncomfortable around men and doesn’t consider them her enemies, Brosman thinks Women’s Studies are “regressive” (p. 84), deplores language “barbarisms” such as “chairperson” and “herstory” (p. 75), and holds for a “nongendered intellectual patrimony of arts, letters, and science” (p. 84). While she admits that it’s a miracle that all marriages don’t simply fall apart, the differences between the sexes, she argues, constitute “the whole basis for attraction” (p. 70), and she prefers her cigar-smoking husband “to men who boast about their Hollandaise sauce” (p. 70). Not interested “in valorizing only the male principle” (p. 70), she seeks “vigor of mind” in all persons and considers herself a “feminist in the cupboard,” one who operates within the family but travels freely and enjoys a rich professional life. She links herself to her Aunt Margaret and other “closet feminists” (p. 100) in her family’s history who demonstrated self-reliance and a sense of their own value, and argues, against de Beauvoir’s thesis in The Second Sex, that female work for American women of the nineteenth century did indeed, like male work, go beyond biology “to remake the world through invention (production)” (p. 102).Brosman demands a metaphysical self-consciousness that recognizes unhappiness, anguish, and disorder but concomitantly posits the good life as the synthetic unity of the mind, body, and heart. This metaphysical consciousness is deeply rooted in the physical world—we are not only in the world but of it—and in a shared sense of place and a commitment to communal enterprises. Her thought is perhaps above all characterized throughout by a sense of “grace” and the “intimation of... (shrink)

Rawls stipulates that nonideal theory must include theories of punishment and compensatory justice, as well as a justification for the forms of opposition to unjust regimes, from civil disobedience and conscientious refusal to militant resistance, rebellion and revolution. (TOJ, p. 8) Given the Kantian interpretation of nonideal theory we now can see that each of its parts must be constructed to contribute to the teaching of justice. The preferred theory of moral development enables us to understand how persons come to (...) adopt nonideal conceptions and practices, and how they can be convinced to change their thinking. The theory of history enables us to determine which traditions contain empirical causes of contemporary conceptions and practices.We recall that Rawls identifies the parties in the original position as we ourselves; when we ground our judgments upon its procedures, then we can perceive the world as persons in that position do. Our view need not be obscured by the economic determinism of traditional Marxism, nor does it require a psychoanalytic corrective in the manner stipulated by contemporary critical Marxists. A Rawlsian critique of American liberal democracy resolves the question of these determinants in the same way as it resolves all questions of an empirical nature, by placing them in their systematic unity according to a Kantian moral anthropology. If we can see what judgments result regarding empirical injustices and their removal we may ourselves learn something of how to redesign nonideal culture to conform to ideal principles of justice. And this prospect in turn is identical to the prospect of constructing a bridge between social theory and practice within liberal democracy. (shrink)

No doctrine of Pufendorf's is better known than that of socialitas. The reason is that Pufendorf himself declared that socialitas was the foundation of natural law. No interpreter of Pufendorf can therefore avoid dealing with it. Moreover, Pufendorf linked the issue of socialitas to the question of the state of nature, thus raising important issues with both theological and philosophical implications. Given the prominence and importance of this theme in Pufendorf's work, a close analysis of what he meant by it (...) is central to the interpretation of his work, even though this means to pose again a new number of questions already discussed in the scholarly literature. In particular, this article examines the relationship between Pufendorf and Hobbes with regard to this central theme. In fact, a traditional historiographic topos is that Pufendorf and Hobbes fundamentally disagree on the doctrine of socialitas, while the former is closer to Grotius and to the Aristotelian-classic tradition that see man as a social animal. This article takes, instead, Pufendorf to be a follower of Hobbes, and tries to explain how the more traditional view of Pufendorf as a critic of Hobbes was in some way due to Pufendorf's own attempt to distance himself from the accusations of Hobbesism (and hence of atheism and moral indifference) that the critics made against him when his work first appeared. In order to do this, Pufendorf tried to rethink his own position within the history of ethics, and put himself on the side of the Stoics, of Grotius and of Cumberland, against Epicurus and Hobbes. This retrospective ‘illusion’ has greatly influenced later scholarship, giving us a distorted image of Pufendorf's own view of socialitas. A more precise account of the latter gives a better prospective from which to look at the relationship between Pufendorf and Hobbes. ☆ The publication of this text, in this form, may require some explanation. In what it now appears the very distant June 1989, the Max-Planck-Institut für Geschichte in Göttingen organised an International Workshop on ‘Unsocial Sociability: Modern natural Law and the 18th-Century Discourse of Politics, History and Society’. The proceedings of that Workshop were never published, even though individual contributions have piecemeal appeared since then. My own contribution consisted in a short extract from a chapter from my book Samuel Pufendorf discepolo di Hobbes. Per una reinterpretazione del giusnaturalismo moderno (Bologna, 1990), which appeared in print the following year. For this reason, I considered the separate publication of that intervention as superfluous. Rather naively I underestimated the fact that the publication of my book in Italian restricted its circulation in the Anglo-American academic circles, and even if occasionally quoted, the book would not be much read. Recently, following the solicitations of many friends to present in English part of the theses developed in that book, I had decided to have my intervention at the Göttingen Workshop finally published. After all, this had amply circulated as a manuscript and been cited by many in that form. But while I was planning to revise that manuscript, I was presented with the draft translation of the second chapter of my book done by Dr. Melissa Calaresu of Cambridge University, when she was still a graduate student. It is probably better to leave aside the story of why Melissa did that translation, but I am extremely grateful to her for having allowed me to use it as the basis for this piece, which is therefore a revised version of the second chapter of my Italian book on Hobbes. I have decided to publish it in English with some hesitation, at least for two reasons. First, because with the publication in English of only part of my book I may risk to reinforce a rather simplified interpretation of my work, and consequently of Pufendorf's thought, that his main contribution lies in his doctrine of socialitas and of the state of nature. I am instead firmly convinced that the most important parts of my own work are those that are still untranslated, that is those on the nature of moral obligation and that of moral entities, beside the comparison I make in the second part of the book between the first and the second edition of De iure. Secondly, because during the intervening years I have distanced myself from a conception of the history of philosophy understood as an internal analysis of the texts, and have become more attentive to the context in which to place philosophical texts. I have therefore developed a slight impatience towards the rather nick-picking analysis of texts, which with a certain virtuosism I performed in the book. Nonetheless, since even after so many years I do not believe that the theses I developed in that book have lost their force, I am happy for this partial translation, with some essential bibliographic updating, to appear, in the hope that such theses will be finally discussed for what they are and not on the basis of second-hand reports. I am grateful to Dario Castiglione for his precious help with the final revision of the text, and to Richard Whatmore and Brian Young for their willingness to publish this translation in their Journal. (shrink)

Environmentalists in the United States are often confronted by rural landowners who feel that they have the right to do whatever they want with their land regardless of the consequences for other human beings or of the damage to the environment. This attitude is traced from its origins in ancient German and Saxon land use practices into the political writings of Thomas Jefferson where it was fused togetherwith John Locke’s theory of property. This view of land and property rights (...) was most influential in the late nineteenth century after the passage of the Homestead Act in 1862 when it was used in the arguments opposing national parks and nature preservation. Today it remains a formidable obstacle to planning and zoning in rural areas, despite unstated underlying assumptions which are either outdated or false. (shrink)

Since 2008 I have been closely following the conceptual/performance/video work of Daniel Peltz. Gently rendered through media installation, ethnographic, and performance strategies, Peltz’s work reverently and warmly engages the inner workings of social systems, leaving elegant rips and tears in any given socio/cultural quilt. He engages readymades (of social and media constructions) and uses what are identified as interruptionist/interventionist strategies to disrupt parts of an existing social system, thus allowing for something other to emerge. Like the stereoscope that requires two (...) identical images to create an illusion of a three-dimensional image, Peltz sometimes visualizes two separate elements to create an object or moment that requires space and depth to focus on its varied layers. They say your brain has to process and make meaningful sense out of all that visual information before it can accept the illusion. I say your brain has to do a similar thing when looking and seeing the divine, magical, and faithful (social) art making of Daniel Peltz. Daniel Peltz is Associate Professor of Film/Animation/Video at RISD. He divides his time between Rhode Island and Sweden and is currently at work on an exhibition at Botkyrka Konsthall, Stockholm opening February 2013 and a new project to be included in the IASKA: Spaced Biennial (Australia) in 2014. This interview took place on Skype and is part one of a two-part interview. Feliz Lucia Molina: Are you in Providence, RI? Daniel Peltz: I’m at my house in Providence. I’ve been back for six days teaching winter session at RISD and doing this workshop series—these investors’ drum circles with a group of wealth managers. a client of the firm, 2013, photo Shirin Adhami FLM: The wealth managers were all drumming together? DP: They were all drumming in response to the performance of their retirement portfolios. FLM: Is this part of the “Unrealized Gain/Loss” piece? DP: Yes, it’s part of a show I’m working on in Sweden. I can show you because it was just today. I’ll show you some of this. Lets see—share screen [click, click, click]. This is the room. I’ve been using the camera system that’s already installed in the conference rooms to record them. So the video is being recorded directly by the wealth management office’s tech staff. These are the people I worked with in the last workshop. This conference table is less wondrous. They’ve been learning to drum in response to their retirement portfolios. I started by bringing in my little bit of wealth for them to propose a management strategy, I came to the follow-up meeting with a counter proposal, which was this workshop. So they agreed to do this series of workshops instead of managing my wealth. FLM: Does everybody in the room manage your wealth? That’s kind of a lot of people. DP: That woman in the back there and Craig —they handle new client business. So when you come there with your wealth, they sit down with you and suggest to you how they would manage it. They’re very nice, responsible people. FLM: And where is this? DP: This is in Providence and the one I was showing you is in Waltham, where I was today. Then I’m going to Newport for the last one on Friday. So I will have done four of them. This is the group in Waltham that I just played with today. I played directly with the two groups in Providence and I’m working with an ethnomusicologist at Brown, Asha Tamarisa, who is facilitating the last two. She’s helped develop the workshop in terms of figuring out how to train a group to do this and thinking about the compositional challenges of working in response to retirement portfolio data. FLM: Screensharing helps me to figure out tiny bits here and there about the project. DP: I might even be able to play you a little of the audio I’ve also been working with a group of professional percussionists on what will become a quarterly public investors’ drum circle event. Their stuff was really nice, but I want you to hear what we sounded like in the workshops. They’ve all been recorded by the a/v system in the offices. We use a simple structure where the drummer investors interpret the sensation of gain or loss as embellishments to a base heartbeat rhythm. The group holds the heartbeat and, as each person experiences gain or loss, they embellish that rhythm. "Screensharing helps me to figure out tiny bits here and there about the project" FLM: Is the process all very spontaneous? DP: Its actually quite structured. We produce a custom stock ticker that shows the performance of their collective portfolios. In advance of the workshop each participant submits assets in their retirement portfolio. Then we make a stock ticker that shows the real-time performance of their assets so that they can respond to almost live data. FLM: Are they reading the stock ticker projected up on the screen in the room? Do people drum in correspondence to the visual live data of the performance of their assets? DP: Exactly. They’re looking at the stock ticker as opposed to each other, so it’s a slightly shifted drum circle. They’re looking at the ticker but they’re listening to each other—that’s what we’re practicing. For example, NVO—the price is 172.08 but it’s down -1.16 and as that moves across the screen, the person who’s retirement is invested in that asset starts to embellish when that arrow first appears, based on their experience of loss. They stop when it exits the screen and return to the heartbeat. You could have one ticker for each retirement portfolio, but the way the workshop is constructed is that we just isolate one asset from each person’s portfolio so that everyone in the group is represented in a single ticker. So they’re drumming and looking at the ticker, but they’re hearing each other experience gain and loss. We’ve removed direct visual engagement from the social structure of a drum circle but the oral engagement is still there. FLM: So they had their own sound interpretation of gain and loss? DP: Yeah and that part is quite spontaneous as you were saying. In some of the preparatory exercises we’ve been working to give the participants more strategies for interpreting the sensations of gain and loss. We’re trying to develop their capacity to embellish a heartbeat or base rhythm but I’m not invested in having a melodious result. I’m quite curious about what this kind of structure will result in without any desire for a particular result. FLM: For context, can you talk about the project you did a couple years ago in Bali, “Unrealized Gain/Loss” in relation to this current wealth management project? DP: The workshops I’ve been doing use a similar strategy to the other components in this project. It started in Indonesia on my sabbatical and I was really trying to understand where I was physically and where I was being on sabbatical—this kind of strange jubilee structure where every seventh year you’re supposed to renew your self. And it was around the time of the global financial crisis. I was on sabbatical for the global financial crisis. I remember watching my father, in particular, respond to the financial crisis by monitoring his retirement portfolio and trying to make sense of it. I realized on a visit to their home that he checked his retirement portfolio every single day and I was really struck by that because in some way our parents are mysteries to us as children, especially their moods. We know how important their moods are but we don’t know what governs them. And somehow it was like I’d figured it out, it’s the performance of the DOW! So I think there was something in that. Then I was in Indonesia and I had been drawn there by an interest in their highly ritualized Hindu culture, where so much of life is driven by a ceremonial calendar. I was interested in Bali as this predominantly Hindu pocket within a predominantly Islamic country and life there being organized by this ritual calendar functioning as a kind of resistance to the dominant global religion of free-market capitalism. So I started to explore that correlation between the ways in which this culture that I was living in was sort of “living for the afterlife” and this idea within certain segments of American society of “living for the afterwork life”. The idea that your wellbeing in the “afterwork life” is tied to forces that are unseen and largely beyond your control has strong similarities to many religious understandings of the universe. So I started to explore that and the crafts and materials that were around me were primarily Batik and percussion. Percussion is a huge part of daily life in Bali. These gamelan troupes were everywhere. And I also happened to be there for Nyepi, the day of silence, which is preceded by a very elaborate procession and construction of demonic statues. These were the things that were around me and I started studying Batik with one of the Batik artists there and also started a conversation with two master Batik artists, one who is American and her Indonesian husband. I developed these patterns that were based on symbols from the performance of my retirement portfolio and worked with the batik artists to produce two sarongs. d. peltz - 2012 In producing the designs, I treated the performance of my retirement portfolio since my arrival at RISD [7 years] as a significant interval and then I looked at the ways in which decisions are made within retirement portfolios as having an extension outwards from the individual assets that underlie the retirement portfolio, which are kind of like the base elements of the retirement world. Then there’s the allocation of your assets, which is a global way of understanding an individual according to typologies, which are often referred to in terms of risk—this notion of a ‘risk profile’. What type of ‘person’ you are is determined by your attitude towards risk, or potentiality, and I found that to be a really fascinating way of understanding the universe. I remember looking at the tabs in my retirement portfolio and finding this one for viewing ‘Unrealized Gain/Loss’ and that’s often how I work—is just going through the Cambridge Parking Code, for example, and finding this section of the code that was called ‘Crossing Non-Signalized Locations’ and just feeling “I can’t do any better than that,” you know? That’s what I was talking about in terms of ready-mades that exist in the social sphere. So I found that tab, actually, a long time ago, and I pulled it out of a journal when I was there [in Bali] working on these pieces and I wound up making these two sarongs and later on a series of porcelain vessels for holding one’s unrealized gains and losses. At the time, I knew that I wanted a performance to come out of them, but I wasn’t sure what it was. I was inspired very much by this sort of thing: Pulls out a TIAA-CREF brochure with a man in a suit seated at a table. This guy is probably an actor, and [the brochure] says “TIAA-Cref announces “Individual counseling sessions at the Rhode Island School of Design. Individual counseling sessions at no additional cost to you. You can discuss your personal financial situation with an experienced TIAA consultant on a confidential basis. We are available to help you discuss how to achieve your financial goals by investing in financial solutions such as mutual funds, brokerage, life insurance, and annuities...etc....What retirement benefits best fits your situation?” Often I encounter this and I think O.K., this is one way to prepare for the after-work life and it seems inadequate to me. But, I also find it really inspiring. I really like the visual language of it. I kind of want to be that man. I’d like to see if I could maybe buy his clothes. FLM: What it is about the man on the brochure that interests you? DP: He’s offering personalized objective advice and a detailed evaluation of everything you need to know and do. Who wouldn’t want that? But he’s also something of a contemporary priest or priestess, mediating between the unseen all-powerful universe of global capitalism and the common worker. So I started off developing Unrealized Gain/Loss directly from the charts that represent the performance of my retirement portfolio. Then I came home and I wanted to use those. I had this word in my journal “unrealized gain/loss vessel.” I had this notion of vessels that would contain unrealized gains and losses. That felt really important to me that they would have somewhere to go. I had been thinking a lot about altars and making offerings—that somehow this really fickle, massive, difficult-to-comprehend-universe of the financial world—that somehow it might be nice if you could making an offering to it. [In Bali] they made such beautiful elaborate offerings. So I studied offering making as well with one of the women there and she taught me some of the standard forms created by folding leaves and the significance of the floral arrangements. I started working in clay and then moved to porcelain and I made these unrealized gain/loss vessels. I made a few of them, they have holes on either side that you can’t get your fingers in. But something can go in there and something can go out of there. It’s a nice size for putting on an altar. Then I got this commission from Artists in Context who was interested in my doing something for this project “Artists Perspectives for the Nation” project. I proposed initiating these investors’ drum circles as a new public performance form. I’m interested in bringing together those two symbols—the symbol of the djembe and the drum circle. unrealized gain/loss vessel - d.peltz - 2012 FLM: I can imagine the public digital stock ticker performing like a soft fleeting stream of information, a kind of (meaningless) illusory comfort blanket. DP: In some way you have to understand its relevance outside of the obvious, right? Because the obvious is illogical. Nobody is actually using that data to day trade, for example. People aren’t sitting there with their computers watching the market data in Times Square or setting up an outdoor office and being like “OK it’s up 3 points or it’s up 1.56, trade! Ok now buy, Ok now sell!” That would be a kind of a nice performance, actually. But actual day traders would want more up to date data than that. To understand what that data is doing is really important. And that’s something I’ve realized—that I’m interested in a particular kind of data visualization, which is not about what data can tell people, but what data can tell people who are visualizing it. For example, in the Cambridge Project “Crossing Non-Signalized Locations” I was interested in the 10,000 excuses archive of data recording five years worth of excuses for why people thought they shouldn’t have received their parking ticket. I was not interested in making that excuse wall so that the public could see and understand this data. Inevitably the data will be seen by others but I was really interested in what the action of visualizing the data told those who were visualizing it. The parking attendants themselves were writing those excuses on the wall—I was interested in what that kind action of writing the excuses on the wall told them about the data. Similarly, I’m interested in designing a way to allow people to pass this data from the unseen universe of the market, through their own bodies, which happens through the merging of the drum and the stock ticker. I’m interested in those two also as symbols; the drum as this symbol of the earth, the body and a pagan counterculture, and the stock ticker referring to the ethereal world of global markets—bringing those two together and making them dependent. I’m often drawn to conceptual propositions that I become invested in testing in a sincere way—at first they often they sound humorous to others, but I have to remember that there is humor in them. I don’t sit around and laugh about these things. I stop finding them funny at all. I’m interested in the proposition that we could know something about the after-work life by drumming in response to our retirement portfolio. So then I become really interested in how to craft that into a viable performance form for myself and others. FLM: The aspect of using sound in “Unrealized Gain/Loss” as a way of embodying the information to the asset holder is really intriguing—using sound as a means of embodying the asset data. Was sound a medium that made sense to use immediately or were you considering other means of attempting to embody it? DP: Well I do use other mediums within the project like textile, ceramic, and batik patterns. I was first drawn to the history of Batik patterns as a socio-economic stratification system and the vessels as a way of embodying or manifesting this data of unrealized gain and loss. My first approach was to work with meditation actually—a meditation workshop with my colleagues. I was going to offer this “Unrealized Gain/Loss” workshop where you would explore the sensations of gain and loss by adapting the way yogi-nidra brings you into contact with your physical surroundings and stretches your perception. FLM: At Naropa University there are/were business & compassion workshops—a sort of mash-up of business and compassion and how compassion could be incorporated into a business model. This process and engagement of “embodying data” also has to do with “Participatory Democracy and the Future of Karaoke” you created at the DNC in Denver in 2008. DP: That kind of appropriation and instrumentalization of spiritual practice could be disturbing and thus compelling as a strategy. For various reasons, I’ve come to be drawn to both the form of a quarterly public performance and the established performance form of a drum circle. Its something I’ve seen myself do before, that is to mess up a really good functional social system like a drum circle or karaoke. I remember I was developing language for the karaoke project and started calling it “Participatory Democracy and the Future of Karaoke” and one of my assistants on the project, who’s an incredible artist, said, “but don’t you think the future of karaoke is guitar hero?” and I realized that maybe he thought I was trying to improve the form. I’m just trying to get people to have this shifted embodied experience, I need to craft the performance context so that they can do that. In the case of the karaoke project, for example, what did I need in order to be able to do this [a person to stand up in front of a bar and deliver a karaoke speech]? I realized that the body is very vulnerable so I built a podium so that the speaker can feel secure enough to do this, otherwise you couldn’t get to this state achieved by passing these speeches through the body. Then I was, like, well you need to be able to practice the lyrics because you don’t know all the “songs” by heart, which became an insert to the massive track books carried by most karaoke VJs. And then sometimes the crowd in the bar isn’t there with me, so I needed to extract the voice of the crowd cheering from the original venue and I needed the local audience to cheer if they wanted to. I’m interested in both where the form succeeds and fails. In particular, one of the most interesting things is this auditory gap between the space where you are, the reduced scale of applause in your own little bar, and this grand scale of applause at the convention center where the speech was originally delivered. FLM: How did the concept of “Participatory Democracy Karaoke” come about and why did you use karaoke as a means of engaging what was happening at the DNC in 2008? DP: I was looking at a lot of different readymade media infrastructures within the city at the time. I was interested in the emergency broadcast systems and I developed a proposal to repurpose that system and karaoke became an important symbol because it was this populist form that was already engaged in exploring the sensation of celebrity but also visualizing the gap between ourselves and those with more power and influence. So it had this readymade capacity to play with power and celebrity and I felt like the Obama presidential campaign, the first one in particular, had some very curious overlaps with this culture of celebrity. Obama of course rose to power partly based on his oratory abilities and I was interested in how karaoke as a vehicle was so adept at offering people all that was left of authentic expression in a political speech. Managing a politician and constructing their identity is such a developed practice that it becomes, kind of automatically, a metaphor for the way that our own identities are constructed. Of course the Obama campaign was very hip and savvy and deploying this notion of grassroots. It was really pioneering in its use of social media and this deployment of notions of populism. I was interested at that time in the capacity of karaoke to track speech patterns, precise tempos of anyone’s delivery, and that to me was a way of thinking about what might be left of the authentic self. I was interested in karaoke’s capacity to extract that authentic component and offer it to others. So not just to stand up and be them, but to [literally] pass their speech patterns through your own body. A long time ago, it started to strike me as odd that one would make media at all. It struck me as a kind of un-contemporary way of going about making art in an age of media overflow. That logic extended into my thinking on delivery devices and installation as well. Why would one buy a screen or even set one up when there are so many out there? And the way in which these media displays function in karaoke bars and bars in general is very interesting to me. I’m drawn to this passive consumption of media where your primary social interaction is with the bartender or a few other individuals but these screens are around you and your attention is shifting back and forth between these spaces. So much political rhetoric is spoken to a half-listening audience. I was interested in what was happening in the slippage and that karaoke was a kind of slippage amplifier. So if you put people in a bar and they are delivering a Kucinich speech and Kucinich comes up on a screen then your getting a sound bite of Kucinich and an image of Kucinich and your friend is talking to you— FLM: A kind of magic takes place in that incongruency between sound and image and the karaoke participant who’s relaying the speech-text at the same time. DP: Exactly and there’s some kind of truth in that experience of reality. FLM: Yeah, there’s something uncanny about seeing the body close-up like that as though it can’t lie to you in that moment or context. It’s a weird moment of luminous clarity. The work you’ve done and all of what you’re saying about karaoke is so very interesting to me. Growing up, my dad and uncles sang karaoke a lot (and still do) and being first-generation Filipino American is a different cultural subtext entirely. I’m also seeing it from the position of witnessing family members who are carriers of these stories and songs. And seeing them cherish these Tony Bennett, Frank Sinatra, Elvis Presley songs so much, I also see how their bodies are literal vessels of popular music that signifies something greater—it signifies their cultural and socioeconomic place in the world. The way that they cherish these American 1950s and 1960s pop songs is similar to having a certain kind of reverence for their spiritual faith or Catholicism. It’s a similar kind of care, focus, and attention exerted in karaoke and Catholicism—that these two structures and systems give something to focus on. Setsuko, Seiji and Hitoshi in Obama, Japan as Obama in Indiana — d. peltz — 2008 DP: Sure there something about the relationship we have to our candidate or the way we go about choosing a candidate, which is very similar to a deity or idol. I learned a lot about karaoke culture through this project. I’d never done karaoke. I’d never been interested in it as a form and then I travelled to Japan as part of the project when I made “Setsuko, Seiji and Hitoshi in Obama, Japan as Barack Obama in Indiana” and it was quite fascinating because my image of karaoke had always been this very public forum in a karaoke bar and then I discovered there’s this whole other world of karaoke where people even go on their own, they go and rent a room or cubicle and sing, or they go on a date—just the two of them go and sit in a room and do karaoke together. FLM: I’m interested in issues that take place within or as a result of specific karaoke culture(s). In the Philippines within the last several years there’s been occurring the “My Way Killings” phenomenon. Apparently baklas or gay men are employed by karaoke establishments to help “smooth over conflicts over karaoke singing”—these social forms of conduct, or lack thereof that arise out of the infrastructures of this social sport. In this one rural part of the Philippines there’s a village karaoke machine that the whole village shares—the Aeta indigenous people have an appointed “keeper” of the karaoke machine. I also see karaoke as a proxy to the confessional box in Catholicism where one goes to pour out their sins (minus the penance and redemption). The karaoke machine enables one to literally sing out whatever’s going on internally, but through highly saturated popular song lyrics. While karaoke is a public and social sport, it can also be a private one. Karaoke is a means of communion with each other. DP: Right, this preference for this kind of mediated communication. In Japan I was trying to organize people to work on this project and I was talking about throwing a party and they were like, well, we have to rent a karaoke machine because what else are we going to do? And I think its kind of serving that function of surrogacy—emotional surrogacy. FLM: And karaoke tools can be read as ritual tools—the magic mic that holds everything. There’s got to be some overlap at some point—between religious ceremony and devotion to the karaoke machine. DP: The way I designed the piece was so that it could slip right on top of the ready-made karaoke infrastructure. There was a flat-packed podium and it was made of a single sheet of plywood with no fasteners that slotted into itself. Those were sent out to a network of karaoke bars that I invited to become “karaoke convention centers.” The local VJs downloaded our custom-made, speech-extracted tracks that were designed to play on their existing equipment. In this sense the piece is a permanent installation. If you go to Denver today, some of the VJs still have the tracks in their library of offerings, the Ramones and Romney. It was this notion of re-purposing readymade infrastructure to create a distributable populist form. Obama was coming and the convention was in the Pepsi Center and 30,000 people were coming including 10,000 journalists. The impetus behind the larger art project that commissioned international artists to make works in Denver, was that local people weren’t going to have much access to this convention. It was like an invasion, the city was being descended upon, but if you lived a block away from the site, you had the same access as people in Zimbabwe&mash;30 second media bits excerpted from the speeches. So it seemed to me that the fundamental gesture was how do I take that signal, which was travelling out of the convention center, and create a local interruption? FLM: Is that what you mean by ‘intervention’? The term is frequently used to help describe your work. DP: It depends on the day. Around that karaoke project I had a conversation with Krzysztof Wodiczko and he was proposing that maybe rather than intervention, we should consider the word interruption. Because intervention is kind of an overused term in the field of art and it has militaristic and therapeutic associations outside of the art context. Fundamentally, the idea of intervening speaks to the readymade social world as your primary material. So it’s basically suggesting a kind of subtractive process, which gets back to this question: what is the role of the contemporary media artist in a world that’s so saturated with media? You can’t work additively in a saturated field. If you want to make a visible mark you have to work subtractively. That’s what intervention is about to me, just another way of saying “to work subtractively.” FLM: So the interventions or interruptions aren’t necessarily adding or subtracting, but are they putting orange cones there? What are they doing exactly? DP: I think you’re right about that, they’re not really subtracting. They’re adding to the scope of possibility. I’ve been thinking (with this exhibition I’m mounting next month) about the work as explorations and expansions of social possibility. Maybe it’s more insertion. I started calling the pieces ‘insertions’ that I was making in Rejmyre—a small town in Sweden where I’ve been working for six years now. My favorite site to install there is the tourist bureau. I started calling the video pieces that I made for the tourist bureau, video insertions. This idea that you’re inserting something into the readymade media infrastructure of the world resonates with me. Insertion leverages a context, creating a possibility that the inserted object might be naturalized in the process — that someone can encounter my video in Rejmyre as tourist information. And then all of a sudden tourist information can include some American guy prostrating through town and it can include really bad relationship advice. Maybe insertion is a better word. tourist information – d. peltz 2009-present  . (shrink)

An axiomatic basis for a social preference ordering with interval-scaled utility levels satisfying the principles of anonymity and pareto superiority is elaborated. The ordering is required to be sensitive to distributional equality: Redistribution of utility income from poor to rich persons without changing their social rank should lead to a superior evaluation. The axiom of separability is weakened in order to make it compatible with distributional equality. We prove that every continuous ordering satisfying the upper axioms can be represented (...) by a utility function which is positively linear on the convex cone of rank-ordered utility vectors. A modified unnormalized Gini coefficient is one possible choice, but it contradicts, as well as related proposals, the principle of adequacy of means for some distribution problems. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Insight and Inference: Descartes's Founding Principle and Modern PhilosophyTom SorellMurray Miles. Insight and Inference: Descartes's Founding Principle and Modern Philosophy. Toronto: University of Toronto Press, 1999. Pp. xviii + 564. Cloth, $120.00.This book reopens the question of the correct interpretation of 'cogito, ergo sum,' and considers the significance of Descartes's first principle for Western philosophy up to and including the twentieth century. The gist of (...) Miles's interpretation is captured in the first three words of his title. The cogito is both insight and inference. How is it an inference, exactly? In the course of a process of selective attention to elements of thought, the cogito brings each person to the explicit knowledge of the fact of his or her existence (49). We have an implicit grasp of what the cogito makes explicit; and the passage from implicit to explicit knowledge amounts to a kind of inference. It is like an Aristotelian induction (cf. chapter 20).Inference is the topic of Part Three. Part Two concerns certainty. The cogito is certain in Meditation Two not in the light of the thought that God is veracious, but in the light solely of reflection on one's actually occurring thoughts (47). As for what Cartesian thoughts are, Miles seems to suggest that they are rather like what Husserl gets out of his phenomenological reduction: "intentionally-structured or object-directed acts of thinking" that are the sole immediate objects of consciousness (45). Miles rejects, correctly I think, the attribution to Descartes of any of the usual forms of representationalism.The diagnosis in Part Two of the certainty of the cogito seemed to me to be plausible on its face. It is in line with, although much more elaborate than, some reasonably familiar "psychologistic" interpretations clearing Descartes of the charge of circularity in the reasoning from clarity and distinctness to God's existence and nature and back again. (See A. Kenny, Descartes: A Study of his Philosophy [New York: Random House, 1968], chapter 8, and J. Tlumak, "Certainty and Cartesian Method" in M. Hooker, ed., Descartes: Critical and Interpretive Essays [Baltimore: Johns Hopkins University Press, 1978], 40-73. See also L. Loeb's article on the Cartesian Circle in J. Cottingham, ed., The Cambridge Companion to Descartes [New York, Cambridge University Press, 1992], 200-235.) To the extent that Miles departs from these interpretations, it seems to be by trying to base the authority of the cogito on the immutability of God (215-18). But this move seems ill-advised. Not only does it land Descartes in difficulties over the interpretation of pieces of scripture in which God changes his mind; it may also be in tension with the idea of omnipotence. On the whole, however, there is much in Part Two to admireófrom the interpretation of the simple natures (chapter 10), to the differences between scientia, persuasio, and notitia (chapter 11).Part One is less satisfactory, because Miles seems intent on reading Descartes through Husserl. Although he does not evade the objection that this approach is anachronistic (91-93), Miles does reinforce the impression, already created in the 55-page introduction, that he is unsure which interpretive perspective to use to control the book. Is he writing primarily as a twentieth century reader attracted to phenomenology, or is he someone who is keen to penetrate the seventeenth century and earlier and let the meanings of the early modern period infuse the text? Miles leaves the reader uncertain. In Part One we have a Husserlian Descartes. In the Introduction, the sixteenth and seventeenth century perspectives supply the preferred interpretation of [End Page 122] Descartes's metaphysics as something more or less traditional—concerned with the most certain, most universal, and the highest kind of being, the kind of being studied by theology.It is hard not to be put off by Miles's very swift dismissals of mainstream Anglo-American interpretations of Descartes's metaphysics as having some special connection with his physics (27ff). Can this line of interpretation really be refuted by quoting passages in which Descartes says that metaphysics is more basic and more certain than physics? Surely not. In choosing the formulation... (shrink)

Medical ethics enjoyed a remarkable degree of continuity from the days of Hippocrates until its long-standing traditions began to be supplanted, or at least supplemented, around the middle of the twentieth century. Scientific, technological, and social developments during that time produced rapid changes in the biological sciences and in health care. These developments challenged many prevalent conceptions of the moral obligations of health professionals and society in meeting the needs of the sick and injured .The Anglo-American textbook of Beauchamp and (...) Childress became the referential work for the discipline of `bio-ethics'. The authors are convinced that a long history of ancient, medieval and modern health care reflection remains very disappointing from the perspective of contemporary biomedical ethics: “It shows how inadequately, and with what measure of insularity, problems of truthfulness, privacy, justice, communal responsibility and the like were framed in past centuries ”. They defend the four principles approach to biomedical ethics, an approach which somewhat disparagingly has been called principlism.The influence of their work has been so strong that bio-ethics seemed to become overwhelmed by the importance of their contribution. It even created a large separation between Anglo-American approaches in bio-ethics and the European-Continental approach . In any case, contemporary biomedical ethics incorporates theoretical conflicts of considerable complexity, and the diverse theories make it no easier.The personalist approach to biomedical ethics presents itself as a typical European reaction to the rapid changes in medicine and health care. Some call it, however, a kind of renewal of the old Thomistic approach, whereby the concept of `nature' has been replaced by the more dynamic concept of `person'. In that way personalism has been situated by many observers as a `person' centred natural law tradition which focuses on the rational nature of the human person as the moral norm of nature. This gives the impression that personalism is only a very `static' variant of the natural law approach.I would, however, defend the opinion that personalism offers a very dynamic and creative approach to the complexities of recent developments in biomedicine. In what follows, I will illustrate this by clarifying two basic dimensions of the integration of personalism in biomedical ethics: the personalist approach offers a relational foundation for medicine as a healing profession and it presents an ethical framework for the integration of new developments in medicine. First, however, I would like to situate the importance of this theoretical reflection for medical ethics. (shrink)

Environmentalists in the United States are often confronted by rural landowners who feel that they have the right to do whatever they want with their land regardless of the consequences for other human beings or of the damage to the environment. This attitude is traced from its origins in ancient German and Saxon land use practices into the political writings of Thomas Jefferson where it was fused togetherwith John Locke’s theory of property. This view of land and property rights (...) was most influential in the late nineteenth century after the passage of the Homestead Act in 1862 when it was used in the arguments opposing national parks and nature preservation. Today it remains a formidable obstacle to planning and zoning in rural areas, despite unstated underlying assumptions which are either outdated or false. (shrink)