On September 15, 2003, the US. Court of Appeals for the Eleventh Circuit held that agreements between pharmaceutical and generic companies not to compete are not per se unlawful if these agreements do not expand the existing exclusionary right of a patent. The Valley DrugCo.v.Geneva Pharmaceuticals decision emphasizes that the nature of a patent gives the patent holder exclusive rights, and if an agreement merely confirms that exclusivity, then it is not per se unlawful. With this holding, the appeals court (...) reversed the decision of the trial court, which held that agreements under which competitors are paid to stay out of the market are per se violations of the antitrust laws. An examination of the Valley Drugtrial and appeals court decisions sheds light on the two sides of an emerging legal debate concerning the validity of pay-not-to-compete agreements, and more broadly, on the appropriate balance between the seemingly competing interests of patent and antitrust laws. (shrink)

While post- and decolonial theorists have thoroughly debunked the idea of historical progress as a Eurocentric, imperialist, and neocolonialist fallacy, many of the most prominent contemporary thinkers associated with the Frankfurt School--Jürgen Habermas, Axel Honneth, and Rainer Forst--have persistently defended ideas of progress, development, and modernity and have even made such ideas central to their normative claims. Can the Frankfurt School's goal of radical social change survive this critique? And what would a decolonized critical theory look like? Amy Allen fractures (...) critical theory from within by dispensing with its progressive reading of history while retaining its notion of progress as a political imperative, so eloquently defended by Adorno. Critical theory, according to Allen, is the best resouce we have for achieving emancipatory social goals. In reimagining a decolonized critical theory after the end of progress, she rescues it from oblivion and gives it a future. (shrink)

The authors offer ways to encourage and educate Americans to participate in the public deliberations that make democracy work and lay out the principles of..

Contents: 1) Peter Kung, Why We Need Something Like Imagery; 2) Derek Lam, An Imaginative Person’s Guide to Objective Modality; 3) Rebecca Hanrahan, Crossing Rivers: Imagination and Real Possibilities; 4) Michael Omoge, Imagination, Metaphysical Modality, and Modal Psychology; 5) Joshua Myers, Reasoning with Imagination; 6) Franz Berto, Equivalence in Imagination; 7) Christopher Badura, How Imagination Can Justify; 8) Antonella Mallozzi, Imagination, Inference, and Apriority; 9) Margherita Arcangeli, Narratives and Thought Experiments: Restoring the Role of Imagination; 10) Margot Strohminger, Two Ways (...) of Imagining Galileo’s Experiment; 11) Eric Peterson, Attention to Details: Imagination, Attention, and Epistemic Significance; 12) Amy Kind, Bridging the Divide: Imagining Across Experiential Perspectives; 13) Julia Langkau, On Imagining Being Someone Else; 14) Luke Roelofs, “Imagine If They Did That to You!”: The Complexity of Empathy; 15) Nick Wiltsher and Bence Nanay, Imagination, Selves, and Knowledge of Self: Pessoa’s Dreams in The Book of Disquiet . (shrink)

I doubt that even one of her readers will agree with all of Gutmann's conclusions--but they will all have to take account of the wealth of empirical evidence and stringent reasoning in this book.

A new edition of the highly acclaimed book Multiculturalism and "The Politics of Recognition," this paperback brings together an even wider range of leading philosophers and social scientists to probe the political controversy surrounding multiculturalism. Charles Taylor's initial inquiry, which considers whether the institutions of liberal democratic government make room--or should make room--for recognizing the worth of distinctive cultural traditions, remains the centerpiece of this discussion. It is now joined by Jürgen Habermas's extensive essay on the issues of recognition and (...) the democratic constitutional state and by K. Anthony Appiah's commentary on the tensions between personal and collective identities, such as those shaped by religion, gender, ethnicity, race, and sexuality, and on the dangerous tendency of multicultural politics to gloss over such tensions. These contributions are joined by those of other well-known thinkers, who further relate the demand for recognition to issues of multicultural education, feminism, and cultural separatism.Praise for the previous edition. (shrink)

Does critical theory still need psychoanalysis? In Critique on the Couch, Amy Allen offers a cogent and convincing defense of its ongoing relevance. Countering the overly rationalist and progressivist interpretations of psychoanalysis put forward by contemporary critical theorists such as Jürgen Habermas and Axel Honneth, Allen argues that the work of Melanie Klein offers an underutilized resource. She draws on Freud, Klein, and Lacan to develop a more realistic strand of psychoanalytic thinking that centers on notions of loss, negativity, ambivalence, (...) and mourning. Far from leading to despair, such an understanding of human subjectivity functions as a foundation of creativity, productive self-transformation, and progressive social change. At a time when critical theorists are increasingly returning to psychoanalytic thought to diagnose the dysfunctions of our politics, this book opens up new ways of understanding the political implications of psychoanalysis while preserving the progressive, emancipatory aims of critique. (shrink)

Power is clearly a crucial concept for feminist theory. Insofar as feminists are interested in analyzing power, it is because they have an interest in understanding, critiquing, and ultimately challenging the multiple array of unjust power relations affecting women in contemporary Western societies, including sexism, racism, heterosexism, and class oppression. In "The Power of Feminist Theory," Amy Allen diagnoses the inadequacies of previous feminist conceptions of power, and draws on the work of a diverse group of theorists of power, including (...) Michel Foucault, Judith Butler, and Hannah Arendt, in order to construct a new feminist conception of power. The conception of power developed in this book enables readers to theorize domination, resistance, and solidarity, and, perhaps more importantly, to do so in a way that illuminates the interrelatedness of these three modalities of power. (shrink)

This paper addresses the issue of paternalism in child-rearing. Since the parent–child relationship seems to be the linguistic source of the concept, one may be tempted to assume that raising a child represents a particularly appropriate sphere for paternalism. The parent–child relationship is generally understood as a relationship that is supposed to promote the development and autonomy-formation of the child, so that the apparent source of the concept is a form of autonomy-oriented paternalism. Far from taking paternalism to be overtly (...) unproblematic in such paradigmatic, pedagogical settings, this article analyzes how an effort should be made to understand a child’s capacities and which standards parents should be held to when deciding whether interference truly serves the child’s interests. (shrink)

A vision of a living code of ethics is proposed to counter the emphasis on negative phenomena in the study of organizational ethics. The living code results from the harmonious interaction of authentic leadership, five key organizational processes (attraction–selection–attrition, socialization, reward systems, decision-making and organizational learning), and an ethical organizational culture (characterized by heightened levels of ethical awareness and a positive climate regarding ethics). The living code is the cognitive, affective, and behavioral manifestation of an ethical organizational identity. We draw (...) on business ethics literature, positive organizational scholarship, and management literature to outline the elements of positive ethical organizations as those exemplary organizations consistently practicing the highest levels of organizational ethics. In a positive ethical organization, the right thing to do is the only thing to do. (shrink)

This essay provides a critical overview of the debate about corporate moral responsibility. Parties to the debate address whether corporations are the kinds of entities that can be blamed when they cause unjustified harm. Proponents of CMR argue that corporations satisfy the conditions for moral agency and so they are fit for blame. Their opponents respond that corporations lack one or more of the capacities necessary for moral agency. I review the arguments on both sides and conclude ultimately that what (...) divides the two is not so much competing conceptions of the corporation as it is disagreement about what moral agency requires. Homing in on the real site of contention will, it is hoped, allow future participants in the debate to focus their efforts more productively. (shrink)

In this book, Richlin argues that the attitude of sexual aggressiveness exhibited by the garden statues of the god Priapus served as a model for Roman satire from Lucilius to Juvenal.

This paper advocates for the inclusion of patient perspectives in the diagnosis and treatment of eating disorders (EDs) for ethical, epistemological, and pragmatic reasons. We build upon the ideas of a recent editorial published in this journal. Using EDs as their example, the authors argue against dominant DSM-oriented approaches in favor of an increased focus on understanding patients’ subjective experiences. We argue that their analysis stops too soon for the development of practical—and actionable—insights into how to effect the integration of (...) first-person and third-person accounts of EDs. Methods Contextual analysis was used to make the case for patient perspectives. (shrink)

I offer a new interpretation of Heidegger’s analysis of anxiety in Being and Time as an account of the relationship between individual agents and the public normative practices of their communities. According to a prominent recent interpretation, Heidegger’s discussions of anxiety, death and the “call of conscience” together explain how we can respond to the norms of our practices as reasons and subject them to critical reflection. I argue that this is only part of the story. Anxiety is an occasion (...) for Dasein to take responsibility for its ongoing activity of interpreting the possibilities for living and acting made available by the normative practices of its community, which is presupposed and overlooked from the perspective of everyday Dasein. Public normativity underdetermines Dasein’s conception of what it would mean to take up any of the possibilities available in its world as a way of living its own life. (shrink)

Philosophical Studies 104: 143-162 (2001).

This book makes a significant contribution to the tradition of liberal political theory: it explores the foundations and limits of the idea of equality within that theory and offers a sustained argument for a persuasive new view of liberalism. Liberal thinking has always displayed a tension between the claims of liberty and those of equality. Professor Gutmann examines the contributions of liberal theorists from Locke to Rawls on the subject of two kinds of equality - equality of opportunity to participate (...) and the equal distribution of economic goods. Valuing both, she shows that, far from being alternatives, the two ideals are compatible to a much greater degree than has previously been thought. Liberal Equality restores egalitarianism to political theory in a way that will forcefully challenge its critics to deeper reflection. (shrink)

1. Introduction: 1.1 Difficulties of Approach; 1.2 Philosophical Background. 2. The Context of Early Modern Theories of the Passions: 2.1 Changing Vocabulary; 2.2 Taxonomies; 2.3 Philosophical Issues in Theories of the Emotions. SUPPLEMENTARY DOCUMENTS: Ancient, Medieval and Renaissance Theories of the Emotions; Descartes; Hobbes; Malebranche; Spinoza; Shaftsbury; Hutcheson; Hume.

Some of the world’s best-loved films can be used as springboards for examining enduring philosophical questions. Philosophy Through Film provides guidance on how to watch films with an eye for their philosophical content, helping students become familiar with key topics in all of the major areas in Western philosophy, and helping them to master the techniques of philosophical argumentation. -/- The perfect size and scope for a first course in philosophy, Philosophy Through Film assumes no prior knowledge of philosophy. It (...) is an excellent teaching resource and learning tool, introducing students to key topics and figures in philosophy through thematic chapters, each of which is linked to one or more “focus films” that illustrate a philosophical problem or topic. -/- This new edition features a new chapter on the mind-body problem. In addition, one new primary reading and nine new focus films have been added. Films examined in depth include: Arrival The Matrix Inception Memento Moon Live, Die, Repeat: Edge of Tomorrow Her Ex Machina Minority Report Beautiful Boy Crimes and Misdemeanors Gone Baby Gone Equilibrium Divergent A Serious Man Silence Ad Astra . (shrink)

The ensting literature on filial morality has an important gap. It explores responsibilities adult children have toward their elderly parents, and ignores questions about responsibilities of dependent children. Filling this gap involves specifying what competent and morally decent social parents can kgitimately expect from children. I argue that it is appropriate to expect and encourage young dependent children to demonstrate cooperation, mutuality, and trust, along with gratitude and reciprocity of value.

Our exemplar of a Native American relational ethic is depicted through the Seven Grandfather Teachings, an ancient sacred story of Potawatomi and Ojibwe peoples. These teachings state that human beings are responsible to act with wisdom, respect, love, honesty, humility, bravery, and truth toward each other and all creation. We illustrate the possible uses of this ethic through exercises wherein students reflect on the values and learn lessons related to ethics, leadership, teamwork, and relationships, or create stories using Native American (...) story form. (shrink)

This chapter examines the views of seventeenth-century British philosophers on passions and affections. It explains that about 8,000 books published during this period mentioned passion and that it started with Thomas Wright's Passions of the Mind in General. The chapter also explores the intellectual basis of the writers who wrote about passion – which includes Augustinianism, Aristotelianism, stoicism, Epicureanism, and medicine – and furthermore, analyzes the relevant works of Francis Bacon, Thomas Hobbes, Henry More, and Lord Shaftesbury.

The global COVID‐19 pandemic challenged the world—how it functions, how people move in the social worlds and how government/government services and people interact. Health services, operating under the principles of new public management, have undertaken rapid changes to service delivery and models of care. What has become apparent is the mechanisms within which contemporary health services operate and how services are not prioritising the person at the centre of care. Person‐centred care (PCC) is the philosophical premise upon which models of (...) health care are developed and implemented. Given the strain that COVID‐19 has placed on the health services and the people who deliver the care, it is essential to explore the tensions that exist in this space. This article suggests that before the pandemic, PCC was largely rhetoric, and rendered invisible during the pandemic. The paper presents an investigation into the role of PCC in these challenging times, adopting a Foucauldian lens, specifically governmentality and biopolitics, to examine the policies, priorities and practical implications as health services pivoted and adapted to changing and acute demands. Specifically, this paper draws on the Australian experience, including shifting nursing workforce priorities and additional challenges resulting from public health directives such as lockdowns and limitations. The findings from this exploration open a space for discussion around the rhetoric of PCC, the status of nurses and that which has been lost to the pandemic. (shrink)

This paper seeks to vindicate a common but philosophically puzzling phenomenon: Sometimes, a person experiences extreme guilt in relation to a wrong that their loved one has committed, even though they are not at fault for that wrong. Guilt in these cases violates a foundational principle in our moral lives – viz., the fault principle. On that principle, one is blameworthy for a wrong only if one is at fault with respect to that wrong. Insofar as the family members explored (...) here are not at fault, their professed experience of guilt looks to be irrational. Against the charge of irrationality, I argue that it is sometimes morally appropriate, and perhaps even morally required, to judge oneself to be blameworthy for the wrong of a loved one in which one played no culpable part. Further, insofar as the first-personal experience ought to dictate the responsibility assessments of victims and third parties, I conclude that these other individuals will have reason to take the intimate to be blameworthy too. I end by extending the phenomenon of faultless guilt beyond the intimate context, to the experience of white guilt. (shrink)

The essays in this volume present versions of feminism that are explicitly liberal, or versions of liberalism that are explicitly feminist. By bringing together some of the most respected and well-known scholars in mainstream political philosophy today, Amy R. Baehr challenges the reader to reconsider the dominant view that liberalism and feminism are 'incompatible.'.

Suicide is complex; yet suicide research is dominated by ‘psy’ disciplines which can falter when seeking to explain social patterning of suicide rates, and how this relates to individual actions. This article discusses a multidisciplinary report which aimed to advance understandings of socioeconomic inequalities in suicide rates in the UK. Contrasts are drawn between health psychology and sociology. Important intersections are highlighted, including a lack of attention to socioeconomic inequalities, and an emphasis on adverse life experiences and emotions to understand (...) inequalities and suicide. There are also curious disconnects, both within and between relevant psychological and sociological perspectives. The article argues that there are significant gaps in existing theorization regarding suicide, which can only be addressed through meaningful inter-disciplinary collaborations between sociologists, psychologists and others. Current theorization in mainstream suicide research is limited by its failure to engage with enduring, yet vitally important sociological debates regarding structure and agency, nature and culture. (shrink)

I develop a model of love or care between children and their parents guided by experiences of parents, especially mothers, with disabilities. On this model, a caring relationship requires both parties to be aware of each other as a particular person and it requires reciprocity. This does not mean that children need to be able to articulate their interests, or that they need to be self-reflectively aware of their parents’ interests or personhood. Instead, parents and children manifest their understanding of (...) one another as unique, irreplaceable individuals, with identifiable needs and interests through their interactions with one another. (shrink)

Current, prevalent models of the food system, including complex-adaptive systems theories and commodity-as-relation thinking, have usefully analyzed the food system in terms of its elements and relationships, confronting persistent questions about a system’s identity and leverage points for change. Here, inspired by Heldke’s analysis, we argue for another approach to the “system-ness” of food that carries those key questions forward. Drawing on Niklas Luhmann’s systems theory, we propose a model of the food system defined by the relational process of feeding (...) itself; that is, the food system is made of feeding and only feeding, and system structures are produced by the coupling of that process to its various contexts. We argue that this approach moves us away from understandings of the food system that take structures and relations as given, and sees them instead as contingent, thereby helping to identify leverage points for food system change. The new approach we describe also prompts us as critical agrifood scholars to be constantly reflexive about how our analyses are shaped by our own assumptions and subjectivities. (shrink)

Emerging forms of empowered participatory governance have generated considerable scholarly excitement, but critics continue to ask if such initiatives are “for real”: Are participatory governance processes sufficiently independent? Do citizen participants make good policy choices? An in-depth look at the case of the British Columbia Citizens’ Assembly on Electoral Reform suggests that real citizen empowerment depends on both the institutional constraints of the participa-tory setting and how citizen interests and arguments for policy outcomes crystallize over the course of a participatory (...) process. (shrink)

Since the beginning of the twentieth century in the Spanish Basque Country, Basque nationalism has served as a unifying movement that encouraged women to participate in women’s associations. Women’s associations offered a metaspace in which public and private spheres overlap, where, women began to reconstruct meanings of nationalism and gender relations in distinct ways. As a result, the particular foci of these associations reflected each individual association’s specific understanding of gender relations and their relations to different interpretations of Basque nationalism. (...) This historical tradition has continued into the twenty-first century as women’s associations that are structured by distinct systems of gender relations provide a number of social services and educational services to promote gender equality. Through the examination of the metaspace of the women’s association Lanbroa, this article explores the ways in which the women’s movement and feminism have influenced the functioning of this association and the ways in which association members contest traditional Basque gender relations. (shrink)

Emergent readers will enjoy learning about opposites by recognizing objects and elements in nature that are new and old. Using colorful, engaging photographs alongside simple text and exciting sight words, young readers will enjoy learning about opposites while gaining confidence in their reading skills.

In this book, early readers will discover the concept of opposites using new and old objects all around them! Using engaging and colorful photographs, simple sentences, and exciting sight words, young readers will enjoy learning about new and old things, while practicing their reading skills. This book also includes a page for caregivers and teachers that suggests guiding questions to help aid in reading comprehension.

This article evaluates the political implications of Thomas Hobbes’s extensive treatment of religion by taking up the motif of the Eucharist (and accompanying doctrine of transubstantiation) in Leviathan. Hobbes holds out transubstantiation as an exemplar of absurdity and an historical outgrowth of Christianity’s inauspicious meeting with pagan practices. At the same time, Leviathan contains allusions to eucharistic imagery in its narration of the generation of the “Mortal God,” the commonwealth, as the incorporation of a civil body. These conflicting sentiments are (...) illustrative of a wider tension running through Hobbes’s thought. Although Hobbes’s repudiation of superstition is well-known, it stands in stark contrast to Leviathan’s treatment of Christianity as an exemplar of “true” religion. The varied allusions to eucharistic doctrine illustrate how proper use might be made of a persistent “natural religiosity.” Both in its consonance with reason and its political logic, Christianity remains a politically constructive expression of “power invisible.”. (shrink)

This article examines new conceptions of gender and sexuality in China, asking how and why they have become so integral to the organization of service work regimes there. Drawing on ethnographic data collected in three urban Chinese retail settings, this article demonstrates how essentialized conceptions of gender and sexuality powerfully communicate class distinctions in service settings through associations with the imagery of China’s shift from socialism to a marketized society. A shift from the socialist “iron rice bowl” to the “rice (...) bowl of youth” infuses youthful, feminine, urban bodies with value while simultaneously devaluing middle-aged and rural women. This article argues that an essentializing discourse of gender legitimates new inequalities in urban China by masking the class distinctions simultaneously produced. (shrink)