Legal judgment writing mobilises a process of story-telling, drawing on existing judicial discourses, precedents and practices to create a narrative relevant to the specific case that is articulated by the presiding judge. In the Feminist Judgments projects feminist scholars and activists have sought to challenge and reinterpret legal judgments that have disadvantaged, discriminated against or denied women’s experiences. This paper reflects on the process of writing as a feminist judge in the Australian Project, in an intimate homicide case, R v (...) Middendorp. Drawing on the work of Judith Butler on intelligibility, iterability and the communality of violence and vulnerability, this article argues that feminist judgments necessarily require some uncomfortable compromises with unjust gendered institutions. While ‘donning the robes’ may be an uncomfortable process, a feminist re-articulation of the law’s carceral power serves to unsettle and challenge some aspects of gendered oppression, even though it cannot unsettle the operation of the institution. The article concludes that effective feminist interventions by members of the judiciary may require donning robes that are not entirely comfortable in order to persuade and advocate for change. (shrink)

Legal responses to battered women who kill have long animated scholarly debate and law reform activity. In September 2012 after 47 years of alleged abuse, Frenchwoman Jacqueline Sauvage fatally shot her abusive husband three times in the back. The subsequent contested trial, conviction for murder, unsuccessful appeal and later presidential pardon of Sauvage thrust the French law of self-defence into the spotlight. The Sauvage case raises important questions surrounding the adequacy of the French criminal law in this area, the ongoing (...) proliferation of gendered stereotypes in law and the need for reform. In the wake of the Sauvage case, this article provides a timely analysis of the gendered law of self-defence in France. Drawing from an in-depth analysis of the judgments imposed in the Sauvage case, this article examines the adequacy of French legal responses to battered women who kill and ignites an argument for further law reform. (shrink)

Andrew Fitz-Gibbon in Pragmatic Nonviolence: Working Toward a Better World argues that a principled form of pragmatism—pragmatism shaped by the theory of nonviolence—is the best hope for our world. He defines nonviolence as “a practice that, whenever possible seeks the well-being of the Other, by refusing to use violence to solve problems, and by having an intentional commitment to lovingkindness.” In the first part of the book, Fitz-Gibbon asks what a better world would look like. In (...) the second part, he covers what is the greatest obstacle to that better world: violence. In the third part, he examines philosophical theories of nonviolence. The fourth part examines pragmatism as a philosophy of “what works” (William James) through the lens of the principle of maximizing well-being through nonviolent practice. In response to Fitz-Gibbon’s work, critic Danielle Poe asks what a nonviolence response looks like to the Other whom we have wronged and wonders how nonviolence responds to systemic violence. Sanjay Lal asks whether pragmatism and nonviolence can be synthesized given the popular conception that the pragmatic possible seems at odds with the ideal of absolute nonviolence. William C. Gay affirms much of the text and suggests its uses in teaching. Mechthild Nagel wonders if Fitz-Gibbon’s pragmatic nonviolence is too anthropocentric and questions the absence of a consideration of systemic violence in the criminal justice system. Fitz-Gibbon then responds to the critics. (shrink)

_Love as a Guide to Morals_ is an entry-level introduction to the ethical importance of love. Written in conversational format this book looks uniquely at the complexity of love in human relationships and how love can guide ethical decision-making. The book suggests that love in all its intricacy—erotic/erosic love, friendship, affection, and agapic love—is the great good of human life. The book argues that love has a unifying power for morality, and is more suited to ethical thinking and practice than (...) any other idea. _Love as a Guide to Morals_ uses a modified Aristotelian argument and suggests “loving relationships” rather than happiness as the goal of human life. (shrink)

Drawing on the philosophy of nonviolence, the American pragmatist tradition, and recent empirical research, _Pragmatic Nonviolence_ demonstrates that, rather than being merely theoretical, nonviolence is a truly practical approach toward personal and community well-being.

_Positive Peace _is a scholarly and creative compilation of articles on peace education, nonviolence and social change. Arun Gandhi sets the scene in his introduction with the challenge that positive peace is both a resisting of the physical violence of war and the passive violence of the psychological structures that lead to conflict. Peace education rises to meet that challenge. In twelve chapters, philosophers and educators look at a variety of topics from Gandhian nonviolence, to pragmatic conflict solving; hope and (...) the ethics of belief, to the way we use violent language; mothering and peace activism, to multiculturalism and peace. Recurring themes are: pragmatic nonviolence, the ethics of care as an antidote to violence, and hope in a violent world. Chapters on the use of film in peace education, song and nonviolent activism, and teaching art history and peace, demonstrate pragmatic possibilities for would-be peace educators. Arun Gandhi in his introduction asks, “For generations human beings have strived to attain peace, but with little or no success. … Why is peace so illusive? Is it unattainable? Are humans incapable of living in peace?” This book suggests that peace education has a large part to play. It is an important attempt to begin to meet the challenge. (shrink)

In this paper I suggest that an ambivalence toward—sometimes hatred of—bodies has contributed to violence against bodies. I take my cue from the work of Richard Shusterman who coined the word “somaesthetics” and who has called for a new philosophical discipline of the same name. Shusterman’s work provides the beginning of a new matrix for a positive body consciousness. I also glance briefly at the work of Mark Johnson and other pragmatists who have urged a new conceptualization of bodies and (...) minds in the light of cognitive science. I suggest that this positive body consciousness is an essential element in the philosophy of nonviolence and the quest for less violence against bodies. I then consider helpful traditions from the east, particularly Daoism, that already have a developed system of body-mind-spirit practices that aid body consciousness. Such traditions, adapted and modified to our context in the west, may provide the practice for an authentic nonviolent existence where bodies matter more than they have in the past. (shrink)

In this paper I suggest that an ambivalence toward—sometimes hatred of—bodies has contributed to violence against bodies. I take my cue from the work of Richard Shusterman who coined the word “somaesthetics” and who has called for a new philosophical discipline of the same name. Shusterman’s work provides the beginning of a new matrix for a positive body consciousness. I also glance briefly at the work of Mark Johnson and other pragmatists who have urged a new conceptualization of bodies and (...) minds in the light of cognitive science. I suggest that this positive body consciousness is an essential element in the philosophy of nonviolence and the quest for less violence against bodies. I then consider helpful traditions from the east, particularly Daoism, that already have a developed system of body-mind-spirit practices that aid body consciousness. Such traditions, adapted and modified to our context in the west, may provide the practice for an authentic nonviolent existence where bodies matter more than they have in the past. (shrink)

Sparked by the recent threats to an open and pluralistic society in both Europe and the United States, The Fragility of Tolerant Pluralism is an exploration of social and political philosophy. Using the early sixteenth century as a lens to view our own struggles with multiple visions of a good society, the book looks at tolerant pluralism in the light of the twin challenges of resurgent nationalisms and Islamist terrorism. The book makes a case not only for social toleration, but (...) for a deep pluralism that both values and celebrates difference. It also suggests that the radical sects in Europe in the early sixteenth-century challenged the political and religious monisms of both Catholic and Protestant territories, hence planting the seeds of tolerant pluralism. The struggles faced in the sixteenth-century both reflect and inform our own pressing concerns today and as such, The Fragility of Tolerant Pluralism draws six lessons for our current situation. (shrink)

This paper is a reflection on a personal journey toward nonviolence, and looks particularly at the nonviolent care of children who have been victims of emotional, sexual and physical violence. It analyzes the philosophical threads of praxis, nonviolence and how moral sense is shaped through a triad of affective, reflective and elective experience. It concludes with a MacIntyrean perspective relating to the conjoining of theory and practice in the formation of a robust nonviolent praxis.

Love as a Guide to Morals is an entry-level introduction to the ethical importance of love. Written in conversational format this book looks uniquely at the complexity of love in human relationships and how love can guide ethical decision-making. The book suggests that love in all its intricacy—erotic/erosic love, friendship, affection, and agapic love—is the great good of human life. The book argues that love has a unifying power for morality, and is more suited to ethical thinking and practice than (...) any other idea. Love as a Guide to Morals uses a modified Aristotelian argument (after Alsdair MacIntyre) and suggests “loving relationships” rather than happiness as the goal of human life. (shrink)

Positive Peace is a scholarly and creative compilation of articles on peace education, nonviolence and social change. Arun Gandhi sets the scene in his introduction with the challenge that positive peace is both a resisting of the physical violence of war and the passive violence of the psychological structures that lead to conflict. Peace education rises to meet that challenge. In twelve chapters, philosophers and educators look at a variety of topics from Gandhian nonviolence, to pragmatic conflict solving; hope and (...) the ethics of belief, to the way we use violent language; mothering and peace activism, to multiculturalism and peace. Recurring themes are: pragmatic nonviolence, the ethics of care as an antidote to violence, and hope in a violent world. Chapters on the use of film in peace education, song and nonviolent activism, and teaching art history and peace, demonstrate pragmatic possibilities for would-be peace educators. Arun Gandhi in his introduction asks, “For generations human beings have strived to attain peace, but with little or no success. … Why is peace so illusive? Is it unattainable? Are humans incapable of living in peace?” This book suggests that peace education has a large part to play. It is an important attempt to begin to meet the challenge. (shrink)

CAROLE BOURNE-TAYLOR AND ARIANE MILDENBERG Introduction: Phenomenology, Modernism and Beyond Etat Present It was at the Eleventh Virginia Woolf Conference ...

How does modern writing in French grapple with the present absence and absent presence of lost loved ones? How might it challenge and critique the relegation of certain deaths to the realm of the unmournable? What might this reveal about the role of the literary in the French and francophone world and shifting conceptions of the nation state? Essays from the Revolution to the present day explore these questions from a variety of perspectives, bringing out the ways in which mourning (...) blurs the boundaries between the personal and the historical, the aesthetic and the ethical, the self and the other, and ultimately reasserting its truly critical resonance as a concept. (shrink)

_Material Feminisms: New Directions for Education_ provides a range of powerful theoretical and innovative methodological examples to illuminate how new material feminism can be put to work in education to open up new avenues of research design and practice. It poses challenging questions about the nature of knowledge production, the role of the researcher, and the critical endeavour arising from inter- and post-disciplinarity. Working with diffractive methodologies and new materialist ecological epistemologies, the book offers resources for hope which widen the (...) scope for how educational problems are interrogated, and provides a political counter-movement to neo-positivist, outcomes-based approaches within education. Inspired by writers such as Barad, Bennett, and Deleuze and Guattari, the book makes a radical break with cognitive, dualist, and universal conceptions of human subjectivity and intelligence in education. By taking its starting point as the co-consitutiveness of discourse, materiality, corporeality, and place, the book foregrounds educational practices as material enactments of multiple, non-linear, entangled, affective, and relational forces. It offers new insights into how gender, class, and ethnicity are constituted in, and by, material assemblages that are often submerged or ‘unseen’. This book is an essential starting place for those intrigued by what new theoretical accounts of materiality, posthumanism, and affect can offer educational research. Diffractive methodologies challenge readers to take a fuller range of actors into account than in ‘objective’ humanist methodologies, and in so doing to pay closer attention to what data is. It invites researchers to engage with long-standing feminist concerns about power and knowledge production in research processes. This book was originally published as a special issue of _Gender and Education. _. (shrink)

This article examines the current use of Jesus language in a convenience sample of twenty-five mission statements from Roman Catholic hospitals and health care systems in the United States. Only twelve statements specifically use the words “Jesus” or “Christ” in their mission statements. The author advocates the use of explicit Jesus language and modeling. While the witness of Jesus in the Gospel healing narratives is not the only corrective to current abuses in the health care delivery system, it is foundational (...) to the integrity of Roman Catholic health care identity and mission. An analysis of Gospel healing narratives is used to illustrate the prophetic dimension of Jesus' wisdom, word, and witness. (shrink)

: This response to the preceding article by Gastmans, Dierckx de Casterle, and Schotsmans challenges the notion of "good care" as the ultimate goal of nursing practice, explores further the possible goals of nursing and how they may be identified, and presents six elements of professional caring along with their related virtues and moral obligations.

The Association of Research Ethics Committees is one of the leading providers of training and education for members of Research Ethics Committees. The introduction of the research governance strategy and the increasing complexity of ethical review place great demands on research ethics committee members that in turn creates challenges for training providers. This paper presents the outcome of an audit of REC members' views about training. Findings demonstrate that REC members are not a homogenous group. Several distinct sub-groups, each with (...) particular training needs emerged. All showed a preference for short, easily accessible events in which there were opportunities for discussion. (shrink)

When invited to describe what the experience of illness taught them, a select group of bioethicists took eagerly to the task. This commentary culls three themes from their reflections: responsiveness to vulnerability, love as the proper motive for care, and reflective practice. U.S. bioethics was slow to appreciate the importance of recognizing and responding to human vulnerability. These essays describe its central importance for those suffering illness and make educating a more empathic and responsive generation of caregivers a priority. Descriptions (...) of how family and friendship bonds with an ill person created a unique sense of their inherent dignity and needs clearly raises the question of whether or not love is a necessary motive for professional caregivers. Will our professional care always fall short if not motivated by genuine human love? Finally, each essay teaches anew the importance of the life lessons human experience can teach if we value reflection and seek to experience, understand and learn from our experience. (shrink)

In this paper a case is used to demonstrate how ethical analysis enables health care professionals, patients and family members to make treatment decisions which ensure that medical technologies are used in the overall best interests of the patient. The claim is made and defended that ethical analysis can secure four beneficial outcomes when medical technologies are employed: (1) not allowing any medical technologies to be employed until the appropriate decision makers are identified and consulted; (2) insisting that medical technologies (...) be employed not merely to promote the medical interests of the patient but rather on the basis of their ability to contribute to the overall well-being of the patient; (3) challenging caregivers to reflect on the dynamic interplay between their conscious and unconscious values and consequent determinations of what is in the patient's best interests; and (4) providing a justification for selected interventions which makes possible rational dialogue between caregivers espousing different viewpoints about treatment options. (shrink)

Written by renouned professionals in the fields of information and communication technologies, this volume explores the subject matter through the discussion of theory and field studies as well as insights from other research. Students and researchers alike will appreciate this rare look into the world of technology and society.

BackgroundReports suggest that some health care personnel fear retaliation from seeking ethics consultation. We therefore examined the prevalence and determinants of fear of retaliation and determined whether this fear is associated with diminished likelihood of consulting an ethics committee.MethodsWe surveyed registered nurses (RNs) and social workers (SWs) in four US states to identify ethical problems they encounter. We developed a retaliation index (1–7 point range) with higher scores indicating a higher perceived likelihood of retaliation. Linear regression analysis was performed to (...) identify socio-demographic and job characteristics associated with fear of retaliation. Logistic regression analysis was performed to determine whether fear of retaliation was associated with less likelihood of seeking consultation. Results Our sample (N = 1215) was primarily female (85%) and Caucasian (83%) with a mean age of 46 years and 17 years of practice. Among the sample, 293 (48.7%) RNs and 309 (51.3%) SWs reported access to an ethics consultation service. Amongst those with access, 2.8% (n = 17) personally experienced retaliation, 9.1% (n = 55) observed colleagues experience retaliation, 30.2% (n = 182) reported no experience with retaliation but considered it a realistic fear, and 50.8% (n = 305) did not perceive retaliation to be a problem. In logistic regression modeling, fear of retaliation was not associated with the likelihood (OR = 0.64; 95% CI = 0.22–1.89) or frequency of requesting ethics consultation (OR = 0.81; 95% CI = 0.27–2.38). Conclusion Fear of retaliation from seeking ethics consultation is common among nurses and social workers, nonetheless this fear is not associated with reduced requests for ethics consultation. (shrink)

Purpose/methods: This study investigated the relationship between ethics education and training, and the use and usefulness of ethics resources, confidence in moral decisions, and moral action/activism through a survey of practicing nurses and social workers from four United States (US) census regions. Findings: The sample (n = 1215) was primarily Caucasian (83%), female (85%), well educated (57% with a master's degree). no ethics education at all was reported by 14% of study participants (8% of social workers had no ethics education, (...) versus 23% of nurses), and only 57% of participants had ethics education in their professional educational program. Those with both professional ethics education and in-service or continuing education were more confident in their moral judgments and more likely to use ethics resources and to take moral action. Social workers had more overall education, more ethics education, and higher confidence and moral action scores, and were more likely to use ethics resources than nurses. Conclusion: Ethics education has a significant positive influence on moral confidence, moral action, and use of ethics resources by nurses and social workers. (shrink)

The Forestry Pilot Plan set intomotion collectively-owned and managed forestry in overforty communities in Quintana Roo, Mexico and hasshown the promise of a forestry development model thatpromotes conservation by giving local people a genuinestake in sustainable resource management. Today, thelegacy of the PPF is under great pressure. Externally,neoliberal policy reform restructures agrarianproduction in ways that favor individual overcollective management of natural resources.Internally, organizational problems createinefficiencies within both forestry ejidos(cooperative agrarian communities) and theirintermediate level forestry civil societies. Peasants'capacity to defend their (...) interests and dealeffectively with their production problems throughstrong representative organizations is beingundermined by new rules for economic associationwithin the ejidos and by the turning over of technicalservice financing to the market. Though organizationalinnovations within the ejidos hold positive potential,existing civil societies merit continued assistance askey actors promoting sustainable forestry. Studyingcommon property management regimes across multiplelevels and dimensions reveals that in Mexico, policyreform overlooks the crucial social resourcesrepresented by peasant organization, undermining thepossibility of sustainable forest management whileassigning the peasant most of the cost ofconservation. If conservation is indeed encouraged bythe genuine participation of those with a stake insustainable use of natural resources, national andinternational communities that value Mexico's tropicalforests should also invest in both social and economiccosts of conservation. (shrink)

In this paper I develop a social conception of integrity while still holding onto the original meaning of the term. To that end I build mainly on the works of Cheshire Calhoun, whose view of integrity, developed over a decade ago, I consider to be one of the best, Charles Taylor, who has an insightful understanding of the self, which helps provide a richer conception of integrity than I believe Calhoun developed, and Lawrence Langer, who gives an instructive critique (...) of Taylor, which I use to provide the foundation for an integrity richly grounded in community. Finally I discuss how community can contribute to or diminish one’s integrity and how it can help restore one’s integrity if it has been diminished or lost. (shrink)

This narrative symposium examines the relationship of bioethics practice to personal experiences of illness. A call for stories was developed by Tod Chambers, the symposium editor, and editorial staff and was sent to several commonly used bioethics listservs and posted on the Narrative Inquiry in Bioethics website. The call asked authors to relate a personal story of being ill or caring for a person who is ill, and to describe how this affected how they think about bioethical questions and the (...) practice of medicine. Eighteen individuals were invited to submit full stories based on review of their proposals. Twelve stories are published in this symposium, and six supplemental stories are published online only through Project MUSE. Authors explore themes of vulnerability, suffering, communication, voluntariness, cultural barriers, and flaws in local healthcare systems through stories about their own illnesses or about caring for children, partners, parents and grandparents. Commentary articles by Arthur Frank, Bradley Lewis, and Carol Taylor follow the collection of personal narratives. (shrink)

On the formation of the School of Interdisciplinary Studies at the University of Glasgow. -/- When the University of Glasgow’s new 'Crichton College' opened its doors in September 1999, its small staff had that rare opportunity in an academic’s career to launch a new curriculum based on clearly enunciated ideals. In the following six years under the direction of Professor Rex C. Taylor, those ideals remained firm even as numbers grew and external circumstances mutated. The theme of this book (...) concerns the ideas, activities and problems – intellectual, curricular and administrative – that shaped the University of Glasgow Crichton Campus during its first six years. Its dozen contributors provide varied perspectives on the problems of creation. (shrink)

In this brilliant assessment of the relation between poststructuralism and feminism to current religious thought, philosopher of religion Carol Wayne White convincingly demonstrates that postmodernist continental and feminist philosophies—far from being antithetical to religious concerns—in fact enrich our understanding of religion and its relevance to debates about contemporary culture. By triangulating these three unique perspectives on culture she expands prevailing views of cultural criticism and opens up the discussion to new creative solutions that arise from the intersecting interests of (...) poststructuralist, feminist, and religious studies. Dividing her work into three major sections, White first summarizes the major developments in postmodern and feminist thought in a lucid and refreshingly jargon-free exposition. Next she focuses on two major thinkers in poststructuralist religious scholarship—Sharon Welch and Mark C. Taylor—showing how their work incorporates, on the one hand, Foucault's political critique of power and, on the other, Derrida's textual deconstruction. Finally, she looks at feminist critiques of culture with special emphasis on feminists' contributions to the study of religion. She concludes by highlighting the important role of religious valuing in providing an impetus to action and pragmatic social change. Religion can and should move us beyond the stalemate of postmodern critiques with their often-nihilistic undertones and fruitless academic posturing. Poststructuralism, Feminism, and Religion succeeds in elucidating what it means to think and act religiously in the postmodern era. (shrink)

El Festival Flores de la Diáspora Africana surge en 1999 en Costa Rica, organizado por la Fundación Arte y Cultura para el Desarrollo, con el propósito de promover las manifestaciones artísticas y culturales de la población afrocostarricense en particular, y de los pueblos afrodescendientes y africanos, de manera general. A lo largo de diecinueve ediciones, se ha colocado la cultura de matriz africana en el más alto nivel, con la presencia de grupos de ballet folclórico como el Kilandukilu de Angola, (...) el Ballet Garífuna de Honduras, la bailarina Bethania Nascimento, perteneciente al Alvin Hailey Ballet, y el Opus Dance Theater de New York. En el bel canto, la soprano Sarah Carrere, dio fe de su gran talento franco-senegalés, así como en gospel el coro de la iglesia St. Agustine de Washington, y grupos como Master Key, Charleene Stuart y Sasha Campbell, de Costa Rica, conquistaron la audiencia con ritmos como gospel, spiritual, R&B y Soul, sin olvidar las agrupaciones nacionales de Calipso, que han dejado su huella en el Festival.En esa pasión por mostrar los mejores representantes de las diferentes manifestaciones del arte y la cultura de la Diáspora Africana, en 2012 la Fundación invitó a Costa Rica al Premio Nobel de Literatura de 1984, Derek Walcott. Para dar continuidad a este trabajo con los artífices de la palabra, también en 2013 se realizó el 1er Encuentro de Escritores y Poetas Afrodescendientes, Indígenas y Sinodescendientes, cuyo resultado fue la antología: Tenemos la Palabra, en la cual se muestra el trabajo de casi cincuenta creadores. Las escritoras Eintou Pearl Springer (Trinidad y Tobago), Melanie Taylor (Panamá), Myrna Manzanares (Belice) y Nancy Morejón (Cuba), fueron publicadas en dicha antología. Hoy nos llena de satisfacción publicar en la Revista Ístmica una parte de su obra poética1, así como su respectiva traducción al español, buscando exaltar su trabajo artístico y visibilizar la literatura escrita por mujeres afrodescendientes en el Caribe. (shrink)

This narrative symposium examines the relationship of bioethics practice to personal experiences of illness. A call for stories was developed by Tod Chambers, the symposium editor, and editorial staff and was sent to several commonly used bioethics listservs and posted on the Narrative Inquiry in Bioethics website. The call asked authors to relate a personal story of being ill or caring for a person who is ill, and to describe how this affected how they think about bioethical questions and the (...) practice of medicine. Eighteen individuals were invited to submit full stories based on review of their proposals. Twelve stories are published in this symposium, and six supplemental stories are published online only through Project MUSE. Authors explore themes of vulnerability, suffering, communication, voluntariness, cultural barriers, and flaws in local healthcare systems through stories about their own illnesses or about caring for children, partners, parents and grandparents. Commentary articles by Arthur Frank, Bradley Lewis, and Carol Taylor follow the collection of personal narratives. (shrink)

In a recent paper Carol Hay has argued for the conclusion that “a woman who has been sexually harassed has a moral obligation to confront her harasser.” I will argue in this paper that Hay’s arguments for her conclusion are unsound, for they rest on both a misconstrual of the nature of personal autonomy, and a misunderstanding of its relationship to moral responsibility. However, even though Hay’s own arguments do not support her conclusion that women have a duty to (...) resist sexual harassment this conclusion can draw support from arguments that are independent of hers. Women, then, do indeed have a moral obligation to confront those who sexually harass them. (shrink)

In a recent paper Carol Hay has argued for the conclusion that “a woman who has been sexually harassed has a moral obligation to confront her harasser.” I will argue in this paper that Hay’s arguments for her conclusion are unsound, for they rest on both a misconstrual of the nature of personal autonomy, and a misunderstanding of its relationship to moral responsibility. However, even though Hay’s own arguments do not support her conclusion that women have a duty to (...) resist sexual harassment this conclusion can draw support from arguments that are independent of hers. Women, then, do indeed have a moral obligation to confront those who sexually harass them. (shrink)