I like Bill Maher . He takes sides. One of his best recent lines was, "the last time the Republicans had that many black folks on stage they were selling them!" (That was in response to the reportedly large number of black folks carrying the Republican banner at the 2004 RNC.) The historical irony is that the folks who did the bulk of the selling of black folk would have been predecessors of today’s Democrat party. (So, Maher (...) is evidently no history buff.) I still like him though. (shrink)

Based on the author's more than 50 years of experience as a professional historian in academic and other capacities, Being a Historian is addressed to both aspiring and mature historians. It offers an overview of the state of the discipline of history today and the problems that confront it and its practitioners in many professions. James M. Banner, Jr. argues that historians remain inadequately prepared for their rapidly changing professional world and that the discipline as a whole has yet to (...) confront many of its deficiencies. He also argues that, no longer needing to conform automatically to the academic ideal, historians can now more safely and productively than ever before adapt to their own visions, temperaments, and goals as they take up their responsibilities as scholars, teachers, and public practitioners. Critical while also optimistic, this work suggests many topics for further scholarly and professional exploration, research, and debate. (shrink)

Racism, that is, the idea that White people are innately superior to people of other ethnicities, especially Black people, is a lie that supported slavery and the slave trade. That lie continues to shape all our lives today including our attitude to the issue of paying reparations to the enslaved. Not only was the original idea of a hierarchy or races a lie, but other falsehoods have been used to hide the atrocities and injustices that were committed based on (...) that first lie. Further, the hold of racism on human society is maintained by a distortion of the issue that results in White people having a visceral reaction to the subject. (shrink)

First, in the section ‘Telling Lies’, this article attempts to illustrate recent everyday racism. Racism has a history and takes many different forms. I describe a particular practice of racism, which relied, for its doctrine, on supposedly scientific assumptions about biology and breeding—and received a confirming fillip through the celebration of monarchy, empire and rose-tinted history. Second, in ‘Telling Tales’, the story of Zacchaeus is taken as exemplifying a form of moral repair in which telling and doing the truth are (...) intimately related. Third, in ‘Telling and Doing the Truth’, I contend that telling and doing the truth in relation to racism requires not only a clear naming of racism’s lies but also the making of reparations, for the reason that the lies of racism subtended manifold injustices, of which Atlantic slavery and the exploitation of colonies are notable instances. I take the history of the West Indies as providing a clear case where moral repair is due, and I consider the form that reparations might take. (shrink)

The assessment of patients' decision-making capacity (DMC) has become an important area of clinical practice, and since it provides the gateway for a consideration of non-consensual treatment, has major ethical implications. Tests of DMC such as under the Mental Capacity Act (2005) for England and Wales aim at supporting autonomy and reducing unwarranted paternalism by being ‘procedural’, focusing on how the person arrived at a treatment decision. In practice, it is difficult, especially in problematic or borderline cases, to avoid a (...) consideration of beliefs and values; that is, of the substantive content of ideas rather than simple ‘cognitive’ or procedural abilities. However, little attention has been paid to how beliefs and values might be assessed in the clinical context and what kind of ‘objectivity’ is possible. We argue that key aspects of Donald Davidson's ideas of ‘Radical Interpretation’ and the ‘Principle of Charity’ provide useful guidance as to how clinicians might approach the question of whether an apparent disturbance in a person's thinking about beliefs or values undermines their DMC. A case example is provided, and a number of implications for clinical practice are discussed. (shrink)

In this critical examination of recent accounts of the nature of science and of its justification given by Kuhn, Popper, Lakatos, Laudan, and Newton-Smith, Banner contends that models of scientific rationality which are used in criticism of religious beliefs are in fact often inadequate as accounts of the nature of science. He argues that a realist philosophy of science both reflects the character of science and scientific justifications, and suggests that religious belief could be given a justification of the same (...) sort. (shrink)

This book addresses such key ethical issues as euthanasia, the environment, biotechnology, abortion, the family, sexual ethics, and the distribution of health care resources. Michael Banner argues that the task of Christian ethics is to understand the world and humankind in the light of the credal affirmations of the Christian faith, and to explicate this understanding in its significance for human action through a critical engagement with the concerns, claims and problems of other ethics. He illustrates both the distinctiveness of (...) Christian convictions in relation to the above issues and also the critical dialogue with practices based on other convictions which this sense of distinctiveness motivates but does not prevent. The book's importance lies in its attempt to show the crucial difference which Christian belief makes to an understanding of these issues, whilst at the same time demonstrating some of the weaknesses and confusions of certain popular approaches to them. (shrink)

Extensive and diverse conceptual work towards developing a definition of ‘mental disorder’ was motivated by the declassification of homosexuality from the Diagnostic and Statistical Manual in 1973. This highly politicised event was understood as a call for psychiatry to provide assurances against further misclassification on the basis of discrimination or socio-political deviance. Today, if a definition of mental disorder fails to exclude homosexuality, then it fails to provide this safeguard against potential abuses and therefore fails to do an important part (...) of the work it was intended to do. We argue that fact-based definitions of mental disorder, relying on scientific theory, fail to offer a robust definition of mental disorder that excludes homosexuality. Definitions of mental disorder based on values do not fare better: these definitions are silent on questions about the diagnostic status of individuals in oppressive societies and over-inclusive of mental or behavioural states that happen to be negatively valued in the individual's social context. We consider the latest definition proposed for the Diagnostic and Statistical Manual-5 in light of these observations. We argue that definition fails to improve on these earlier deficiencies. Its inclusion in the manual may offer false reassurance against repetition of past misclassifications. We conclude with a provocation that if candidate definitions of mental disorder are unable to exclude homosexuality, it might perhaps be preferable not to attempt a definition at all. (shrink)

As the interest in the quality of work life grows, it becomes increasingly apparent that certain practices within this arena require critical scrutiny. This paper is an examination of one such area, performance appraisal (PA). We examine some of the main conceptual issues in PA, and we sketch some key, practical dilemmas that may arise in the use of PA. We conclude that one can morally justify the use of PA under certain condition, and we suggest possible solutions to key (...) ethical dilemmas that are faced by the manager and the employee. (shrink)

That Oakeshott and Arendt's political works contain Augustinian references is well known. What historians of political thought have had difficulty in is assessing the consistency and importance of the Augustinian themes within their work. It transpires that the traces of existentialism and personalism in Augustine are amplified and clarified by their use in Oakeshott and Arendt, to the extent that they form an important subtext to their work. One stumbling block for scholars attempting to link the ?mature? works of Oakeshott (...) and Arendt to Augustine has been a sense of disparity between the eschatological character of Augustine's writings and the civic worldliness of Oakeshott's associations and Arendt's public realm. Returning to several strands of twentieth-century Augustinianism, from the personalist to the existentialist to the liberal, reveals an Augustinianism that is much more credibly linked to the whole of Oakeshott and Arendt's writings. (shrink)

Modern scripts for dying in hospice or by euthanasia are inapplicable to the dwindling of long old age, often experienced as social ‘death before death’. The article critiques the rhetoric of ‘death before death’ used of Alzheimer’s patients, and draws attention to an alternative valuation of death of self in the Christian tradition.

In a book that is part memoir and part writing guide, the author discusses how he used a journal to enhance his experiences on the yoga mat and then explains how readers can best start and maintain their own yoga journal. Original.

This book steers readers through these issues, providing a clear and decisive history of the main figures and texts in Christian ethics.

The book provides an exploration of how Christianity has thought about what it is to live a human life and asks how Christianity's understanding of being relates to and challenges alternative contemporary accounts as they are mapped and explored in social anthropology.

This paper has been prepared from the perspective of the ESRC Genomics Policy & Research Forum, which has the particular mandate of linking social science research on genomics with ongoing public and policy debates. It is intended as a contribution to discussions about the future agenda for social scientific analyses of genomics. Given its scope, this paper is necessarily painted with a broad brush. It is presented in the hope that it can serve both as a useful reference for those (...) less familiar with the themes and foci of UK-based social science research about genomics and, for those more engaged in the field, as a foundation for discussions about the future social sciences agenda in this area. This paper has four parts. The first identifies the boundaries of the topic. It is suggested that the boundaries of genomics are properly regarded by social scientists as soft rather than hard, and as encompassing far more than genomics as narrowly understood. In the second part, the UK context for social science research is briefly described before proceeding to part three, which offers a survey of the major areas and patterns of research. This is organised by reference to the themes of globalisation, governance and regulation, and refers to 129 current or recently completed projects (surveyed during the winter of 2005) that address these themes. Part four proposes some appropriate areas for future research, drawing on and advancing what has been achieved thus far. Social scientific analyses of the nature and consequences of genomic science, it is claimed, have been crucially framed by the institutionalising of non-scientific considerations under the heading of ELSA/elsi (Ethical, Legal and Social Aspects/implications). It is suggested that an understanding of the limitations and consequences of this framing provides a vital starting point in considering future research agendas. (shrink)

Death and dying are natural phenomena embedded within complex political, cultural and social systems. Nurses often practice at the forefront of this process and have a fundamental role in caring for both patients and those close to them during the process of dying and following death. While nursing has a rich tradition in advancing the palliative and end‐of‐life care movement, new modes of care for patients with serious and irremediable medical conditions arise when assisted death is legalized in a particular (...) jurisdiction. In early 2015, the Supreme Court of Canada released its landmark decision Carter v. Canada (Attorney General) (‘Carter’), which legalized physician‐assisted suicide in particular clinical situations. The new law provided the broad national framework for Medical Assistance in Dying (MAiD) in Canada but, once the law was passed, provincial and territorial governments and health professional regulatory bodies each had to undertake a process of developing policies, procedures and processes to guide MAiD‐related practice specific to their jurisdiction. In this paper, we begin to examine the political ramifications and professional tensions arising from MAiD for nurses and nursing, focusing specifically upon the impacts for registered nurses. We identify how variations in the provincial and territorial literature and regulatory guidelines across Canada have given rise to role confusion and uncertainty among some registered nurses and how this may potentially impact patient care. We then continue to highlight the need for greater political activism among nurses to foster greater clarity in nursing roles in MAiD and to advocate for improved supports for patients and those close to them. (shrink)

The Deprivation of Liberty Safeguards (DOLS) were recently introduced into the Mental Capacity Act (MCA) via an amendment to mental health legislation in England and Wales. As Shah (2011) discusses, the rationale behind creating these protocols was to close what is commonly referred to as the ‘Bournewood gap’; a legislative loophole that allowed a severely autistic man (H.L.) who did not initially dissent to admission to be detained in a hospital and deprived of his liberty in his ‘best interests’ as (...) judged by his clinical team. Before the implementation of the DOLS, patients who lacked the capacity to consent to admission or treatment but who were nonetheless compliant could be admitted informally and treated as .. (shrink)

On Thursday June 12th 2003, a press release concerning a Cabinet reshuffle declared as a footnote that the office of Lord Chancellor was to be abolished and that a new Supreme Court would replace the House of Lords as the highest court in the United Kingdom. In response to intense criticism of the Government for announcing these judicial reforms without holding any prior debate or consultation, Charles Banner and Alexander Deane have sought the views of several constitutional experts – including (...) judges, leading QCs, legal and political academics, commentators and MPs. This book is the product of their research: citing the interviewees at length, it critically analyses the Government’s proposals and looks at the various alternative models for appointing judges and for a new court of final appeal. The future of the QC system, which the Government has again indicated a desire to abolish, is also discussed in the book. (shrink)

What is the difference between a gambler and a speculator? Is there a readily identifiable line separating the two? If so, is it possible for us to discourage the former while encouraging the latter? These difficult questions cut across the entirety of American economic history, and theperiodic failures by regulators to differentiate between irresponsible gambling and clear-headed investing have often been the proximate causes of catastrophic economic downturns. Most recently, the blurring of speculation and gambling in U.S. real estate markets (...) fueled the 2008 global financialcrisis, but it is one in a long line of similar economic disasters going back to the nation's founding. In Speculation, author Stuart Banner provides a sweeping and story-rich history of how the murky lines separating investment, speculation, and outright gambling have shaped America from the 1790s to the present. Regulators and courts always struggled to draw a line between investment and gambling,and it is no easier now than it was two centuries ago. Advocates for risky investments have long argued that risk-taking is what defines America. Critics counter that unregulated speculation results in bubbles that always draw in the least informed investors-gamblers, essentially. Financial chaos isthe result. The debate has been a perennial feature of American history, with the pattern repeating before and after every financial downturn since the 1790s. The Panic of 1837, the speculative boom of the roaring twenties, and the real estate bubble of the early 2000s are all emblematic of thedifficulty in differentiating sober from reckless speculation. Even after the recent financial crisis, the debate continues. Some, chastened by the crash, argue that we need to prohibit certain risky transactions, but others respond by citing the benefits of loosely governed markets and the dangersof over-regulation. These episodes have generated deep ambivalence, yet Americans' faith in investment and - by extension - the stock market has always rebounded quickly after even the most savage downturns. Indeed, the speculator on the make is a central figure in the folklore of Americancapitalism. Engaging and accessible, Speculation synthesizes a suite of themes that sit at the heart of American history - the ability of courts and regulators to protect ordinary Americans from the ravages of capitalism; the periodic fallibility of the American economy; and - not least - the moral conundruminherent in valuing those who produce goods over those who speculate, and yet enjoying the fruits of speculation. Banner's history is not only invaluable for understanding the fault lines beneath the American economy today, but American identity itself. (shrink)

While he rejects the paradigmatic method in its historic intent, Mr. Weiss has a good deal to say about "nonassociated man" as a model for the understanding of human association and its aims. It seems fair to say that it is really this paradigmatic element which enables Mr. Weiss to support comments on the inadequacies of the analytic and empirical procedures. If the process of analysis itself gives no clue to the elements to be discovered in analysis, and if the (...) empirical investigation of social life does not provide any key to the distinction between the essential and the irrelevant, then the clue or key must lie in some concept of man. For clearly the "socially habituated ways of acting" from which this dialectical procedure sets out do not themselves provide any infallible guide to what is essential and what is irrelevant, to what is beneficial and what is inimical, in human existence. To know what society, state, culture, and civilization are in essence is to have more than a knowledge of existing social forms themselves. The features of prevailing social patterns cannot alone suggest what is normative or ideal, unless ultimately what is is to be taken for what ought to be. (shrink)