In response to national trends calling for increasing accountability and an emerging dialogue within bioethics, we describe an effort to credential clinical ethicists at a major academic medical center. This effort is placed within the historical context of prior calls for credentialing and certification and efforts currently underway within organized bioethics to engage this issue. The specific details, and conceptual rationale, behind the New York-Presbyterian Hospital’s graduated credentialing plan are shared as is their evolution and ratification within the context of (...) institutional policy. While other programs will design their credentialing schema consistent with their local context and demographics, the description of one such effort is offered to be instructive to others who want to bring additional standardization to the assessment of the readiness and credentials of those who will engage in the practice of clinical ethics case consultation. (shrink)

Objective Although patients exercise greater autonomy than in the past, and shared decision making is promoted as the preferred model for doctor-patient engagement, tensions still exist in clinical practice about the primary locus of decision-making authority for complex, scarce, and resource-intensive medical therapies: patients and their surrogates, or physicians. We assessed physicians’ attitudes toward decisional authority for adult venoarterial extracorporeal membrane oxygenation (VA-ECMO), hypothesizing they would favor a medical locus. Design, Setting, Participants A survey of resident/fellow physicians and internal medicine (...) attendings at an academic medical center, May to August 2013. Measurements We used a 24-item, internet-based survey assessing physician-respondents’ demographic characteristics, knowledge, and attitudes regarding decisional authority for adult VA-ECMO. Qualitative narratives were also collected. Main Results A total of 179 physicians completed the survey (15 percent response rate); 48 percent attendings and 52 percent residents/ fellows. Only 32 percent of the respondents indicated that a surrogate’s consent should be required to discontinue VA-ECMO; 56 percent felt that physicians should have the right to discontinue VA-ECMO over a surrogate’s objection. Those who self-reported as “knowledgeable” about VA-ECMO, compared to those who did not, more frequently replied that there should not be presumed consent for VA-ECMO (47.6 percent versus 33.3 percent, p = 0.007), that physicians should have the right to discontinue VAECMO over a surrogate’s objection (76.2 percent versus 50 percent, p = 0.02) and that, given its cost, the use of VA-ECMO should be restricted (81.0 percent versus 54.4 percent, p = 0.005). Conclusions Surveyed physicians, especially those who self-reported as knowledgeable about VA-ECMO and/or were specialists in pulmonary/ critical care, favored a medical locus of decisional authority for VA-ECMO. VA-ECMO is complex, and the data may (1) reflect physicians’ hesitance to cede authority to presumably less knowledgeable patients and surrogates, (2) stem from a stewardship of resources perspective, and/or (3) point to practical efforts to avoid futility and utility disputes. Whether these results indicate a more widespread reversion to paternalism or a more circumscribed usurping of decisional authority occasioned by VA-ECMO necessitates further study. (shrink)

The premise of this article is straightforward: cheap art as a method and movement, though often ignored in the aesthetics literature, is ideally suited for creative activism. To understand this claim, we must have a working definition of the term "cheap art", which I develop in the first section. In doing so, I focus on four features of cheap art, united by the core idea of anti-elitism, that make it well suited to support creative activism: (1) Cheap art is light, (...) quick, sloppy, and easy to do. (2) Cheap art is made from cheap materials. (3) Cheap art rejects the idea of art as a business created for the artworld elite and aims instead to provide art of the people and for the people. (4) Cheap art challenges its audience members rather than seeking to placate or soothe them. After a brief defense of the claim that cheap art is in fact art, I discuss each aspect in detail, emphasizing its advantages for creative activism. I close with two suggestions for evaluating cheap art, which I argue can be extended to creative activism more broadly. (shrink)

In American, the terms “schism,” “heresy,” “sect,” and “cult” have been used to describe splinter groups as they distinguish themselves from the majority religion. The term cult has been used in two different senses. Within the Roman Catholic Church a group’s devotion to a particular saint may earn them the title “Cult of” that particular saint. However, among contemporary American Protestants the term cult has come to be applied to religious groups that split from mainstream Christianity with regard to their (...) beliefs and behavior to the degree that the groups are considered dangerous to themselves and society. When it comes to defining what a cult is, only about ten percent of the attention is placed on a cult’s beliefs and ninety percent is placed on a cult’s behavior. In fact, there seems to be a general squeamishness about using the term cult in the first place. There are several reasons for this malaise toward the term, but this article will argue that the term cult can and should be used in general and scholarly contexts. (shrink)

At the intersection of science studies and higher education research, this contribution looks at the way in which the requirements of universities as organizations release development dynamics in academic disciplines and it analyses the interaction between discipline and organization. We will analyse German educational science, bearing in mind it is an example of disciplines that are fractured and consequently have little consensus in terms of fundamental theories and basic concepts. Firstly, we take on a quantitative approach and analyse the changes (...) in degree courses at the structural level and the symbolic boundaries or conceptual distinctions following the transition to the Bachelor and Master system. Secondly, we take a close look at the negotiating processes and practices, as well as at the disciplinary orientations that determine these boundary shifts, using a qualitative approach that focuses on the actors. In group discussions with representatives of the German educational science at different universities it stood out that actors involved in course design are compelled to find an equilibrium between the demands of the discipline and those of the organization, and do so in very different ways. Finally, we discuss the extent to which close interaction between higher education reforms and academic disciplines can be figured out, particularly for disciplines seen as fractured and which do not have consensual common disciplinary standards. (shrink)

An extensive research program surrounding a phenomenon called inattentional blindness is reported by Mack and Rock in their book of the same name. The general conclusion that is drawn from the work is that no conscious perception can occur without attention. Because the bulk of the evidence surrounding inattentional blindness comes from memorial reports of displays, it is possible that inattentional blindness reflects a problem with memory, rather than a problem with perception. It is argued here that at least some (...) instances of inattentional blindness are better characterized as memorial failures than perceptual failures. The extent to which unattended stimuli fail to engage perceptual processing is an empirical question that the combination of inattentional blindness and online measures of processing can be used to address. (shrink)

The major mechanism of repair of damage to DNA involves a conceptually simple process of enzymatic excision and resynthesis of small regions of DNA. In man and other mammals, this process is regulated by several gene loci; up to 15 mutually complementary genes or gene products may be involved. Repair deficiency results in an array of clinical symptoms in skin, central nervous system, and hematopoietic and immune systems, the major example being xeroderma pigmentosum (XP), a disease with a high incidence (...) of cancer. Cloning repair genes by straightforward methods has proved difficult, but we have begun the effort by demonstrating that correction of a human repair deficiency can be achieved by transferring very small fragments of DNA from normal hamsters into XP cells. One of the complementation groups of XP cells (group C) appears to express a change in gene regulation such that these cells repair only a small clustered region of the DNA with high efficiency. (shrink)

The editors of the JRE solicited short essays on the COVID‐19 pandemic from a group of scholars of religious ethics that reflected on how the field might help them make sense of the complex religious, cultural, ethical, and political implications of the pandemic, and on how the pandemic might shape the future of religious ethics.

In a period in which capital has been on the offensive for many years, using debt and financial crises as rationales for wielding austerity to hammer down wages and social services and terrorism as an excuse for attacking civil liberties, it is important to realize that the origins of this long period of crisis lay in the struggles of people to free their lives from the endless subordination to work within a society organized as a gigantic social factory. In both (...) the self-proclaimed capitalist West and socialist East the managers of that subordination, whether in private enterprise or the state, repeatedly found their plans undermined by people who refused to play by their rules and who elaborated activities and social relationships that escaped their control. The refusal of their rules meant crisis for the managers; the elaboration of other ways of being—whether characterized as the crafting of civil society or as autonomous self-valorization—meant crisis for and freedom from society-as-work-machine. As always, the capitalist response has involved instrumentalization and repression; basically its managers have sought to harness what they could and eliminate what they could not. For a long time instrumentali-zation was most obvious in the West and repression was most obvious in the East, yet both were always at play everywhere, and everywhere those responses were resisted and often escaped. It was that resistance and those escapes that led to the unleashing of the monetary weapons of financialization and their current employment to convert crisis-for-capital into crisis-for-us. It is in past and present resistance and escapes that we must discover both our weaknesses and our strengths in order to overcome capital’s current offensive and to elaborate new worlds. It is the overall thesis of this paper that Marx’s labor theory of value still provides vital aid in helping us understand these historical developments. (shrink)

When one thinks about inclusive pedagogy, it is tempting to focus solely on adding more diverse voices to one’s syllabus. While this technique is valuable and important, one can also promote inclusivity by encouraging and supporting the diverse voices of one’s own students. In this paper, I argue that two practices—low-stakes journal assignments and the pre-theoretical discussion of student thoughts about a topic before any readings have been assigned—promote inclusivity by encouraging and supporting a wide range of perspectives in the (...) classroom, because such methods foster the students’ individual voices, experiences, and beliefs and demonstrate that they are valued and respected. (shrink)

Pylyshyn argues that early vision is cognitively impenetrable, and therefore – contrary to knowledge-based theories of perception – that perception is noncontinuous with cognition. Those processes that are included in “early vision,” however, represent at best only one component of perception, and it is important that it is not the component with which most knowledge-based theories are concerned. Pylyshyn's analysis should be taken as a possible source of refinement of knowledge-based theories of perception, rather than as a condemnation of them.

This article considers challenges facing the pro-life movement after Dobbs v. Jackson Women’s Health Organization (2022). It identifies four questions the movement must face: (1) whether to adopt a combative or conciliatory rhetorical stance; (2) how to prioritize new legislative goals; (3) how to define the limits of acceptable compromise; and (4) how to respond to Americans with ambivalent attitudes toward abortion. The article argues that each of these issues could precipitate serious division in the pro-life movement that will impact (...) likelihood of future success. (shrink)

Surveying the field of the economics of the household, the second edition of this text reviews the theory of the consumer at the intermediate undergraduate level. It then applies and extends it to consumer demand and expenditures, consumption and saving, time allocation among market work, home work, and leisure, human capital emphasizing investment in education, children and health, fertility, marriage, and divorce. Influenced by Gary Becker and his associates, the models developed are used to help explain modern U.S. trends in (...) family behavior. Topics are discussed with the aid of geometry and a little algebra. For those with calculus, mathematical endnotes provide the models on which the text discussions are based and interesting applications beyond the scope of the text. (shrink)

The attempt to find usable diagrams fornterms of the sort devised by John Venn seems to have originated with Venn himself, who published diagrams for up to five classes (the fifth class, however, was shaped like a doughnut, and contained an area outside itself — like the hole in the doughnut). Venn then suggested that “if we wanted to use a diagram forsixterms (x, y, z, w, v, u) the best plan would probably be to taketwofive-term figures, one for theupart (...) and one for the non-upart of all the other combinations …” Such a method would, as Venn admits, be somewhat confusing to the eye, and thus fail to fulfil one of the major purposes of the diagram; nevertheless, it is a method which could be extended to covernclasses.Venn also suggests (but without illustration) another method for drawing diagrams fornterms: “… the rule of formation would be very simple. We should merely have to begin by drawing any closed figure, and then proceed to draw others subject to the one condition that each intersect once, and once only, all the existing subdivisions produced by those which had gone before.” Then, in a rather surprising footnote, he adds: “It will be found that when we adhere to continuous figures, instead of the discontinuous five-term figure given above, there is a tendency for the resultant outlines thus successively drawn to assume a comb-like shape after the first four or five. If we begin by circles or other rounded figures the teeth are curved, if by parallelograms then they are straight. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Reader’s Eye: Visual Imaging as Reader ResponseCathleen M. BauschatzThe Reader’s Eye: Visual Imaging as Reader Response, by Ellen J. Esrock; xii & 241 pp. Baltimore: Johns Hopkins University Press, 1994, $36.50.Ellen Esrock’s The Reader’s Eye is a call for greater attention to the process of visual imaging in the study of readers and reading. Much of the book summarizes earlier research, showing the bias against readerly imaging (...) on the part of scholars who have viewed the reading process as solely cognitive and linguistic, rather than affective and visual.Part One summarizes some of these earlier views, finding phenomenological approaches the most friendly to visualization, while linguistic (semiotic) and psychoanalytic studies downplay its importance. Freudian approaches to reading, for example, view images as “hallucinations,” and value displacement from image to word. Lacan likewise minimizes the importance of imagery, despite the fact that concepts like the “mirror stage” could obviously benefit from visualization.The second part of the book summarizes recent advances in cognitive psychology, leading to the development of experimental tools for measuring readerly imaging. While late nineteenth-century psychology expressed interest in image-formation, behaviorism put a stop to this work. In the 1960s, interest in imagery returned, and with it the study of “mental maps,” verbal learning, and the role of the visual in memory. Esrock details the use of images in teaching children to read, but shows that this process has not been taken seriously in research on adults. The most promising direction in contemporary research, she finds, is the discovery that visualization and affective experience are interwoven. Considerations about the pleasure of reading, right/left brain function, and the role of the visual in psychosexual stages (readerly voyeurism, for example) are detailed here.The last chapter contains an interesting opposition between the objections of critic William Gass to readerly imaging and the use of visual images by writer Italo Calvino (Castle of Crossed Destinies, Invisible Cities). Esrock shows that it is almost impossible to interpret Calvino’s work without forming visual images.The conclusion finally presents the author’s case for the importance of visualization to both the cognitive and affective sides of the reading process. She admits the presence of differences among genres, authors, and readers, but still finds a set of general principles which should apply to all. Among these are the claims that imaging affects memory, that it clarifies spatial descriptions, and thus makes a fictional world concrete. Esrock calls for more attention to imaging by reader-response critics, classroom pedagogy, linguistics, and gender/cultural studies.The Reader’s Eye provides a solid history and summary of the current positions of a variety of fields on the hitherto neglected topic of readerly imaging. One criticism of the book might be that the author waits until the conclusion to [End Page 363] present her own findings, which occupy only twenty-seven of the volume’s 205 pages. Enthusiasts of this topic will hope that Professor Esrock may expand on some of these ideas in her next book.Cathleen M. BauschatzUniversity of MaineCopyright © 1995 The Johns Hopkins University Press... (shrink)

In this “Response to Critics,” Cathleen Kaveny continues the conversation in the JRE symposium centered on her recent book, Prophecy without Contempt: Religious Discourse in the Public Square. The book's central argument is that adequate discussion of contention in the contemporary public square requires attending to matters of rhetoric, particularly the rhetoric of prophetic indictment. Kaveny engages the comments of four interlocutors: Alda Balthrop-Lewis, James Childress, William Hart, and Martin Kavka. The first section, “Overarching Goals,” summarizes the objectives of (...) the book. The second section, “Methodology,” engages critics regarding methodological issues, highlighting Kaveny's commitment to a version of MacIntyre's tradition theory and her indebtedness to her legal training. The third section, “Structure,” responds to particular questions her interlocutors raise about the four parts of the book. The fourth section, “Larger Questions,” ponders the next stages of the academic and political discussion about contention in the public square. (shrink)

In this paper I consider thecontribution that theories about common propertyresource management and policies relating toparticipation can make to our understanding ofcommunal water resource management. Common totheoretical and policy approaches are the ideas thatincentives are important in defining the problem ofcollective action and that institutions apparentlyoffer a solution to it. The gendered dynamics ofincentives and institutions are explored. This paperbriefly outlines theoretical approaches toinstitutions as solutions to collective actionproblems and indicates the linkages with policiesregarding participation in water resource management.It suggests (...) that, whilst offering considerableinsights, such approaches are limited and may resultin policy prescriptions that do little to involve orempower women. In particular, I argue that themodeling of incentives is impoverished in itseconomism and its abstraction of the individual froma life world. I suggest that the conceptualization ofinstitutions is primarily an organizational one,which, whilst alluding to the role of norms,practices, and conventions, focuses primarily onformal manifestations of collective action; contracts,committees, and meetings. Where women‘s participationis concerned, I illustrate that incentives tocooperative may be devised from reproductive concernsand the minor exigencies of daily life (as well asfrom productive concerns) and that alternative modelsof institutions may better reflect the way in whichdecisions are made and implemented within a socialcontext. (shrink)

Against the common view that a European identity is a functional precondition for legitimate EU governance, this article argues that conceptual weaknesses of the term ‘collective identity’ have led to a confusion of several analytic dimensions of ‘identity’ and to an overestimation of strong forms of collective identity. Insights provided by analytic philosophy will be introduced in order to redefine and differentiate ‘collective identity’. The ways in which people refer to themselves as members of we-groups will be outlined and illustrated (...) in order to contribute to an innovative model of the problem and therefore the policy-related formation of collective identities. The article concludes that a strong European identity is not a functional precondition for legitimate everyday democratic governance in the EU. Only in extraordinary situations and in order to institutionalize integration in ethically sensitive policy fields is it necessary that EU citizens discursively agree on an ethical self-understanding of their way of life. (shrink)

Religious traditions in the United States have been characterized by an ongoing tension between assimilation to the broader culture, typically reflected by mainline Protestant churches, and defiant rejection of cultural incursions, as witnessed by more sectarian movements such as Mormonism and Hassidism. But legal theorist and theologian Cathleen Kaveny contends that religious traditions do not need to swim in either the Current of Openness or the Current of Identity. There is a third possibility, which she calls the Current of (...) Engagement, which accommodates and respects tradition but which recognizes the need to interact with culture to remain relevant and to offer a prophetic critique of social and political and legal and economic practice. In fifty-six brief articles Kaveny illustrates the implications of the Current of Engagement in American public life. The articles are organized into five chapters or sections: Law as Teacher; Religious Liberty and its Limits; Conversations about Culture; Conversations about Belief; and Cases and Controversies. Kaveny provides astonishing insights into a range of hot-button issues: abortion, assisted suicide, government-sponsored torture, contraception, the Ashley Treatment, capital punishment, and the role of religious faith in a pluralistic society. (shrink)

The authors discuss the connections between the ethical, economic, and entrepreneurial dimensions of a life well-lived.

This article considers the sort of diversity in perspective appropriate for a presidential commission on bioethics, and by implication, high-level governmental commissions on ethics more generally. It takes as its point of comparison the respective reports on human cloning produced by the National Bioethics Advisory Commission, appointed by President Bill Clinton, and George W. Bush's President's Council on Bioethics, under the leadership of its original chair, Leon Kass. I argue that the Clinton Commission Report exemplifies forensic diversity (the type of (...) diversity between contesting parties in a legal case), while the Kass Council Report exemplifies academic diversity (the diversity found in a medieval disputatio). Drawing upon Thomas Aquinas, I argue that the type of diversity most appropriate for such advisory bodies is deliberative diversity, which facilitates the President's process of taking counsel. After considering their respective charges, I suggest that neither the Clinton Commission nor the Kass Council possessed an adequate degree of deliberative diversity for their respective tasks. (shrink)

Martha A. Hall’s artists’ books documenting her experience of living with breast cancer offer future health professionals a unique opportunity to sit in the patient’s position of vulnerability and fear. Hall’s books have become a cornerstone of our medical humanities pedagogy at the Maine Women Writers Collection because of their emotional directness and their impact on readers. This essay examines the ways that Hall’s call for conversation with healthcare providers is enacted at the University of New England and provides a (...) model for how such works might be used at other educational institutions to encourage empathy between practitioners and patients by engaging in conversations about anger, fear, and other common reactions to life-threatening illness. We explore the unruly nature of Martha A. Hall’s narratives of illness and care, as well as how the form of the books themselves engages the reader in a deep relationship with Hall’s personal pain and her humanity itself. We explore, too, the cumulative effect of these powerful books on readers who handle them regularly, as we do in our roles as professor and archivist. (shrink)

This article reports on an exploratory study that used metaphoric objects as a therapeutic aid. During Rogerian therapy sessions, a metaphoric object was handed to clients. The metaphoric object was used as a reflection of an aspect of the client's being. The clients were asked to describe the effect the object had on them. The protocols obtained were subjected to a phenomenological analysis. The study indicates that metaphoric objects can be a useful therapeutic aid.

A growing body of work suggests that the presence of women and of independent directors on boards of directors is associated with higher corporate environmental performance. However, the mechanisms linking board composition to corporate environmental performance are not well understood. This study proposes and empirically tests the mediating role of sustainability-themed alliances in the relationship between board composition and corporate environmental performance. Using the population of public oil and gas firms in the United States as the sample, the study relies (...) on renewable energy alliances to measure sustainability-themed alliances and longitudinally analyzes lagged data for independent and control variables. The study found that the higher the representation of women on a firm’s board, the more likely the firm is to form sustainability-themed alliances, and the higher the representation of independent directors on a firm’s board, the more likely the firm is to form sustainability-themed alliances. Such alliances, in turn, positively contribute to corporate environmental performance. This paper discusses the study’s contributions to the board composition-social performance literature. (shrink)

This article argues that the early Christian ?order of widows? provides a fruitful model for Christian ethicists struggling to address the medical and social problems of elderly women today. After outlining the precarious state of the ?almanah? - or widow - in biblical times, it describes the emergence of the order of widows in the early Church. Turning to the contemporary situation, it argues that demographics both in the United States and around the globe suggest that meeting the needs of (...) elderly women will become an enormous challenge in the years to come. The order of widows illustrates a three-fold conception of solidarity that has immediate implications today. That conception of solidarity encourages us: 1) to identify the unique medical needs of elderly women (e.g., osteoporosis); 2) to find ways of overcoming their societal isolation, which can increase their risk of medical and psychological problems; and 3) to develop strategies for enabling them to remain contributing members of the community for as long as possible. This essay is a slightly revised version of a keynote address given by the author at a conference on ?Women?s Health and Human Rights? held in Rome, Italy in February 1998 and sponsored by the Vatican, Georgetown University, and the Università Cattolica del Sacro Cuore. The proceedings of that conference were published in Italy by the Società Editrice Universo-Roma in a volume entitled Women?s Health Issues, edited by Spagnolo and Gambino (2003). (shrink)

The report produced by the National Bioethics Advisory Commission at the request of President Bill Clinton, titled Cloning Human Beings, provides a good example of the two-pronged approach to religion in bioethics. The report merits careful scrutiny precisely because of the deftness with which it appears to negotiate the thorny questions surrounding the role of religion in public policy. Analysis of the structure, arguments, and rhetoric of the report reveals the theoretical and practical inadequacy of the currently reigning two-pronged approach (...) to the role of religious perspectives in the field of bioethics. (shrink)

This article considers the sort of diversity in perspective appropriate for a presidential commission on bioethics, and by implication, high-level governmental commissions on ethics more generally. It takes as its point of comparison the respective reports on human cloning produced by the National Bioethics Advisory Commission, appointed by President Bill Clinton, and George W. Bush's President's Council on Bioethics, under the leadership of its original chair, Leon Kass. I argue that the Clinton Commission Report exemplifies forensic diversity (the type of (...) diversity between contesting parties in a legal case), while the Kass Council Report exemplifies academic diversity (the diversity found in a medieval disputatio). Drawing upon Thomas Aquinas, I argue that the type of diversity most appropriate for such advisory bodies is deliberative diversity, which facilitates the President's process of taking counsel. After considering their respective charges, I suggest that neither the Clinton Commission nor the Kass Council possessed an adequate degree of deliberative diversity for their respective tasks. (shrink)

This essay invites Christian ethicists to engage in a mutually beneficial conversation with the secular law, particularly the common law. It argues that the common law's feature of narrative accountability provides a natural bridge to Christian ethics. It also points out contact points between the two fields regarding normative concepts of persons, actions, norms, and the common good. Finally, it illustrates the possibilities of a conversation between law and Christian ethics by delving into the leading case on the doctrine of (...) unconscionability, which permits courts to refuse to enforce contracts that shock the conscience. (shrink)

In "Democracy and Tradition," Jeffrey Stout contends that American constitutional democracy constitutes a well-functioning moral and political tradition that is not hostile to religion, although it does not depend on any specifically religious claims. I argue that Stout's contention is supported by a consideration of the great common law subject of contracts, as taught to first-year law students across the United States. First, I demonstrate how contract law can fruitfully be understood as a Maclntyrean tradition. Second, I illustrate the moral (...) richness of this tradition, and the mutually interpreting nature of rules and facts, by close attention to one particularly colorful case, Syester v. Banta. I conclude by suggesting that both religious and secular ethicists might find common law cases in general and contract law cases in particular to be a source of moral reflection that is substantively rich without being religiously divisive. (shrink)

The authors consider a recurring objection to fictional realism, the view that fictional characters are objects. The authors call this the counting objection. Russell presses a version of the objection against Meinong’s view. Everett presses a version of the objection against contemporary fictional realist views, as do Nolan and Sandgren. As the authors see it, the objection assumes that the fictional realist must provide criteria of identity for fictional characters, so its force depends on the plausibility of that assumption. Rather (...) than coming up with such criteria, a fictional realist might argue that the demand is misplaced. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Culture of Engagement: Law, Religion, and Morality by Cathleen KavenyAllen CalhounA Culture of Engagement: Law, Religion, and Morality Cathleen Kaveny WASHINGTON, DC: GEORGETOWN UNIVERSITY PRESS, 2016. 320 pp. $98.95 / $32.95It is encouraging to read a book on the intersection of religion and law from an author as conversant with both fields as is Cathleen Kaveny. Reworking a number of columns that she wrote (...) for Commonweal magazine, Kaveny offers her concept of a "culture of engagement" as an alternative to America's polarizing culture wars. She builds a vision of engagement—typified by Pope Francis's emphasis on the church's need to "encounter" all human beings—that welcomes the influence that religious traditions and the broader culture and its laws can have on each other.Kaveny notes two ways in which the Roman Catholic tradition is particularly well situated to engage American culture and law. First, both American common law and the Catholic moral tradition use forms of "casuistry" to connect general rules with particular situations. Second, Catholic reluctance "to draw sharp lines between the pure and the tainted" can supply a salutary alternative to the Puritan tendency toward "prophetic indictment" (16).In part 1, Kaveny argues that law has both pedagogical and pragmatic qualities. In part 2, she describes the nation's struggle to balance governmental interests and religious liberty in the context of the contraception mandate in the 2010 Affordable Care Act. She faults the United States Conference of Catholic Bishops for elevating the law's pedagogical role over its pragmatic function in their attack on the mandate. She herself leans toward pragmatism; she assumes that exceptions to laws of general applicability should apply only "in the most extreme cases" (116) and that the government—not the religious claimant—should determine when exceptions apply.Kaveny also suggests that the bishops would do well to pay greater attention to the common good, as "it reflects the moral consensus of the community, which is accurately reflected in our democratic process of lawmaking" (90). Development of the grounds for this optimistic linking of a moral consensus and majority rule to the common good would have been an interesting addition to the book.Part 3 is the heart of the work, exploring ways for American society to "move beyond a culture war mentality" (120). Kaveny resists the assumption that public discourse in a society torn by culture wars is served by pitting secular and religious voices against each other. She hopes instead for persuasion based on natural law. One is left wondering, however, how persuasion based on natural law could happen in America's ideologically diverse culture. [End Page 201]Part 4 explores the effect of America's ideological pluralism on discussions among American Catholics. Kaveny describes how the church's sexual abuse scandal has fed the growing sense of disconnection between church teaching and the expectations of the Catholic laity.Part 5, a series of essays on difficult ethical controversies, hints at what interaction between the American and Catholic traditions might look like. Kaveny advocates "reframing the question" and hints at what reframing the contraception question might look like (221).Some of the book addresses specifically Catholic questions. It is valuable in that respect. Its scope extends beyond any one religious tradition, however, as it offers a picture of engagement between equals: the American legal tradition and Catholic moral teaching. Nevertheless, Kaveny makes it clear that this sort of engagement can succeed only if the American legal community understands its need to reflect changing social values and the Catholic hierarchy moves away from insisting that "error has no rights" and toward acknowledging that people do have rights even when they are in error (257).Allen CalhounPhD candidate, University of AberdeenCopyright © 2018 Society of Christian Ethics... (shrink)

Central to Confucian teachings in the Analects is the ideal of self-cultivation—in particular that of the junzi 君子 (“gentleman” “nobleman”) ideal. At the same time that Confucius recommends that individuals follow such an ideal, he also places limits on who actually might attain it. By examining statements involving such terms as the junzi, the “petty man” ( xiao ren 小人), and the “masses” ( min 民, or zhong 眾), or common people, this essay highlights the sociopolitical and gender restrictions informing (...) one of the most basic, yet lofty, ethical goals of the text. A new means is also offered of discussing these socially delimited discrepancies in moral cultivation by referring to leading, or self-determining agency in association with junzi on the one hand, and to conformist agency for women and common people on the other. (shrink)

In Prophecy without Contempt, Cathleen Kaveny argues that prevailing scholarly approaches to religious and public discourse misunderstand the actual complexity of moral rhetoric in America. She endeavors to provide a better account through study of the role the Puritan jeremiad has played. Kaveny then offers a normative case for deliberative public moral discourse and the limited exercise of prophetic denunciation. I argue that Kaveny's distinction between deliberation and prophetic denunciation is overdrawn. They are ideal types that elide other rhetorical (...) forms. Moreover, both deliberative discourse and prophetic denunciation assume a social contract or shared tradition. Healthy moral discourse requires revolutionary rhetoric to interrogate and break traditions that are themselves morally compromised. (shrink)

: For many of us, entry into motherhood involves an ambiguous visibility and intelligibility, where our acceptance into mainstream spaces as mothers entails a loss of lesbian difference. Mann explores this loss using the work of two philosophers of lesbian difference, Monique Wittig and Judith Butler. She argues that the figure of the lesbian mother is deployed on a broad cultural scale to reinvigorate and renaturalize the myth of the happy, natural, heterosexual mother.

For many of us, entry into motherhood involves an ambiguous visibility and intelligibility, where our acceptance into mainstream spaces as mothers entails a loss of lesbian difference. Mann explores this loss using the work of two philosophers of lesbian difference, Monique Wittig and Judith Butler. She argues that the figure of the lesbian mother is deployed on a broad cultural scale to reinvigorate and renaturaUze the myth of the happy, natural, heterosexual mother.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Prophecy without Contempt: Religious Discourse in the Public Square by Cathleen KavenyKyle LambeletProphecy without Contempt: Religious Discourse in the Public Square Cathleen Kaveny CAMBRIDGE, MA: HARVARD UNIVERSITY PRESS, 2016. 464 PP. $49.95"The American public square is not a seminar room" (419). This being the case, Cathleen Kaveny's Prophecy without Contempt challenges ethicists, among others, to reconsider the rhetoric of moral address. Rather than a narrow (...) focus on deliberation, Kaveny commends attention to the genre of indictment, and particularly the American jeremiad, as a significant mode of moral address that deserves normative analysis. Kaveny is no partisan of prophecy. But she offers moral and rhetorical criteria of prophetic speech that allow the genre to do its indispensable work.Kaveny's book proceeds in four parts. In the first part she sets the stage for her argument by surveying three prominent accounts of the status of public moral discourse, critiquing each yet drafting them all into a more global [End Page 195] critique of the failure to take into account the central significance of the rhetoric of prophetic indictment. Correcting this neglect in the second part, Kaveny executes a historical retrieval of the American jeremiad, beginning with early Puritan preachers of the Massachusetts Bay Colony. The point of her at times plodding historical reconstruction is that the jeremiad was not originally socially divisive but rather served to build up the community by calling listeners back to a commonly agreed-on covenant. This uniting function of the jeremiad fails in later generations. Some readers will worry that Kaveny's retrieval risks nostalgia insofar as it conforms to a MacIntyrian declension narrative in which golden origins were irreplaceably fractured.This risk, however, is mitigated by the third and fourth parts of the book, in which Kaveny turns to constructive ethics. She argues that the forensic rhetoric of prophetic indictment should be understood as a chemotherapy. It should not be confused with deliberation, the normal form of moral address. Yet, like chemotherapy, used in the right amount it can restore an ailing patient to health. As we have come to expect, Kaveny is especially adept at taking the moral frameworks developed in one sphere and applying them to another. Trading medical analogies for military, Kaveny argues that best practices of ius bellum verborum can be developed from just war criteria. She adds to these rhetorical constraints that prophetic critique be offered against one's own people with whom one identifies through lamentation and hope. Kaveny concludes with advocacy of prophetic humility and irony as necessary elements of prophetic speech in our pluralistic contemporary context.Although written in accessible prose, Kaveny's book deserves rigorous scholarly engagement. She constructs her argument with the gracious interdisciplinarity of a leading scholar of law and theology at the height of her powers. She is methodologically promiscuous but never shallow, drawing on scholarly fields of moral philosophy, biblical studies, American religious history, in-depth case analysis of contemporary arguments about abortion and torture, and historical paradigms of prophetic virtue (and vice). While scholars in each of these fields will find claims worth engaging in Kaveny's text, ethicists will be particularly interested in her argument for a constrained, continuing need for prophetic indictment.My one critique is that her account of prophetic rhetoric is too conservative. Based on her historical retrieval, Kaveny argues that indictment should serve only to call listeners back to an already agreed-on covenant. It is undoubtedly the case, however, that Kaveny's exemplars of indictment such as Jonah, Lincoln, and King innovated and developed the covenant, even as they invoked it. This complaint aside, Kaveny's book is a major contribution to contemporary conceptualizations of the public square, and stands poised to open new directions for moral analysis of religious actors in pluralistic publics. [End Page 196]Kyle LambeletNotre Dame UniversityCopyright © 2017 Society of Christian Ethics... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Law’s Virtue: Fostering Autonomy and Solidarity in American Society by Cathleen KavenyEric E. SchnitgerLaw’s Virtue: Fostering Autonomy and Solidarity in American Society By Cathleen Kaveny WASHINGTON, DC: GEORGETOWN UNIVERSITY PRESS, 2012. 304 PP. $29.95In Law’s Virtue, Cathleen Kaveny calls those in Western liberal countries to rethink their fundamental framework of ethics and law through the guiding principles of autonomy and solidarity, understood through the Catholic (...) context of Thomistic virtue. The law operates not as the fence of individual isolation as it does in Enlightenment rights theory, whereby liberty is preserved through negative restraint, but as the teacher of a limited form of the virtues of prudence and justice (52). The law teaches this thin form of prudence through autonomy, which Kaveny takes from Joseph Raz as “the capacity to be the ‘part-author’ of one’s own life” (53). Solidarity, pulling from Pope John Paul II, correlates to a learned justice, in that it “attend[s] to the unseen members” of the community (54). It recognizes that the good of the community and the good of individual members are inexorably intertwined.The opening epigram of the preface, which sets the tone for the whole work, is a quotation from Isidore of Seville found in Aquinas: “Law shall be virtuous, just, possible to nature, according to the custom of the country, suitable to place and time, necessary, useful; clearly expressed, lest by its obscurity it lead to misunderstanding; framed for no private benefit, but for the common good” (xi). Kaveny argues that the phrases “possible to nature” and “custom of the country” need more attention in pluralist, democratic societies, because law is morally formed by its constituent community and there are deep disagreements within those communities. This gives a direction for how Catholics, and all citizens, should attempt to influence laws in these democracies. Because the law is a form of consensus over time, it should use severe sanctions such as criminal law only to reinforce the consensus that it represents. Tort and tax law are less severe tools that can encourage the moral direction of society, which, when used well, maintain the consensus of the law but still allow it to be a moral teacher.Kaveny’s practical thinking in this text does have some seeds of radical change. When she moves to the practicalities of life issues in the law—such as abortion, euthanasia, and genetics—she argues that the “entire fabric of the Anglo-American legal system” needs to add the concept of the “vulnerable” person to the “reasonable person” (79). In addition, her reframing of life issues contends that the Catholic view of issues like abortion is too different from [End Page 212] the “custom of the country” to make a change to the virtues and practices of other citizens. Instead, attention to the support necessary for families and social difficulties of economic poverty represents a way of using the law as a moral teacher while recognizing its limits (89, 156, 209). The book concludes with an incisive look at voting, in which Kaveny argues that the idea of issues-based voting is wrongheaded; instead, she urges voters to consider that they are voting for an individual who will take a broad moral stance and make a broad set of decisions (197 ff.).The quality of Kaveny’s clear thinking and moral consistency makes this book a pleasure to read—even for those who may disagree about the nature of the law or the virtues that Christians should bring to political, legislative, and judicial systems. This text, from its depth of legal and theological commitments, sets a high bar for further dialogue.Eric E. SchnitgerFuller Theological SeminaryCopyright © 2015 Society of Christian Ethics... (shrink)