Government's attempts to coerce the production of information from employers of labour in order to verify the income tax returns of their employees was one of the symbols of the growing reality of state intervention in the mid‐19th century. The resistance from politically influential industrialists and manufacturers which this engendered arose ostensibly from fears of a system of state surveillance and commercial espionage, in which employers were required to inform on their workforce and in which employees might retaliate by informing (...) on their employers. An examination of the practical problems of evasion and compliance of the income tax in this sphere and hence of the local enforcement of national legislation allows us to approach more intimately the relation between the state and civil society, bureaucrats and the local community in the third quarter of the 19th century. Income tax laws, in many important respects, were badly drafted and ambiguous but remedial legislation which was perceived as extending the tendrils of state control was bitterly opposed. The extra‐statutory practices which Government officials had to adopt in order to circumvent this problem meant that regulatory laws of this kind were often only imperfectly realized as they were modified or became detached from their statutory moorings. This example of the difference between the rule of law and actual practice demonstrates, too, that change was often accomplished not within the Parliamentary arena but in the field without legislative interference. (shrink)

John Pecham was a Franciscan theologian who took both a strongly anti-Thomist position and a strongly anti-Averroist position in late-13th-century debates in philosophy of mind. Following a successful career as a theologian, Pecham was Archbishop of Canterbury from 1279 until his death in 1292. Pecham is one of a number of Franciscan philosophers who advocated for what has become known as the “Binarium Famosissimum,” or the two famous and related doctrines of the plurality of forms and universal hylomorphism.1 These two (...) doctrines were vigorously opposed by Thomas Aquinas. They had a history prior to the 13th century, with an embryonic presence in the work of Augustine and then fuller expression in Avicebron... (shrink)

Subject matter knowledge influences instructional decision-making, particularly for novice teachers. Moreover, teacher candidates’ abilities to create critical pedagogy is influenced by their subject matter knowledge and their opportunity to interact with critical curriculum. Using a researcher-designed task intended to develop teacher candidates’ subject matter knowledge, this qualitative action research study investigated the degree to which the task supported candidates’ critical consciousness and their selection and framing of content for an instructional unit. The findings illustrate inconsistencies in candidates’ abilities to use (...) new subject matter knowledge in ways that conceptualize social studies curriculum in critical ways. These inconsistencies suggest that teacher educators should consider using a critical rationale-based pedagogy as a means to assist teacher candidates to move towards critical pedagogy in ways that subject matter knowledge alone cannot. (shrink)

The growth of high-stakes testing in state accountability systems necessitates further examination of their impact on stakeholders. Prompted by broader state-level reform in Kentucky, this evaluation aims to provide insight into a new accountability system's effect on social studies teachers. Using a goal-free evaluation model and case study design, the researchers examined the content and instructional decisions made by a group of U.S. history teachers in response to a new end-of-course exam designed by ACT-QualityCore. The evaluation incorporated a content analysis (...) of teacher materials, observation of a professional learning community meeting, and teacher interviews. The results of this evaluation indicate that teachers generally support the changes in the new assessment system but find specific elements frustrating and hesitate to completely revamp their instructional practices. Considering these assessment system changes occurred to advance Kentucky's goal of college and career readiness for all, this evaluation provides insight into what is actually happening in classrooms and should assist teachers and administrators as they assess the impact of these reforms on classroom practice. (shrink)

This paper argues that the four most plausible arguments compatible with public reason for an outright legal ban on all forms of polygamy are unvictorious. I consider the types of arguments political liberals would have to insist on, and precisely how strongly, in order for a general prohibition against polygamy to be justified, while also considering what general attitude towards "marriage" and legal recognition of the right to marry are most consistent with political liberalism. I argue that a liberal state (...) should get out of the "marriage business" by leveling down to a universal status of "civil union" neutral as to the gender and affective purpose of domestic partnerships. I then refute what I regard as the four most plausible rational objections to offering this civil union status to multi-member domestic partnerships. The most common objection to polygamy is on grounds of gender equality, more specifically, female equality. But advancing this argument forcefully often involves neglecting the tendency of political liberalism (by whatever name it goes in contemporary, complex, multicultural societies) to tolerate a certain amount of inequality in private, within the bounds of robust and meaningful freedoms of choice and exit. Properly understood, polygamy involves no inherent statement about the essential inferiority of women, and certainly not more than many other existing practices and institutions (including many expressions of the main monotheistic religions) which political liberals regard as tolerable, even reasonable. Arguments from the welfare of children, fairness in the spousal market, and the abuse of family subsidies are also considered and found insufficient for excluding polygamy. (shrink)

I describe how close attention to the process of sculpting clay from the perspective of Material Engagement Theory can create a detailed description of a mutable sense of agency and of self. First, I show that sculpting is associated with a loss of sense of agency and self. Second, that to sense agency as a systemic phenomenon creates anxiety. Third, that meaning in an art encounter develops in association with an anterospective viewpoint. Fourth, that within the logic of the extended (...) mind, emergent meaning becomes openly available for further exploration. Fifth, that artistic creativity is not an opaque process. It proceeds in a similar manner to other forms of human, sense-making activities. Finally, that playing seriously with clay can be used in an investigative manner—as a tool for material conceptualisation. (shrink)

Some scholars have argued that religiously injurious speech poses a serious problem for secular liberal thought. It has been suggested that secular liberal thought and political practice often misrecognize the nature of the injury involved in speech that violates the sacred and that much secular thought about religious injury (and free exercise more generally) is premised on unacknowledged Protestant conceptions of what real religion is. In this essay, I argue against the ideas that secular liberalism tends to treat religion only (...) as a matter of freely chosen belief and that the unchosen, habituated nature of much religious experience raises a problem for the defense of speech that violates the sacred. I argue that secular thought and practice should remain very concerned about the social and political harms of speech directed unambiguously at social groups but need not eliminate the gap between religious attachments and religious persons. (shrink)

abstract In this article I consider whether the legalization of sex‐same marriage implies a right to incestuous marriage. I begin by suggesting that the liberal state get out of the ‘marriage’ business by leveling down to a universal civil union status. The question is then whether incestuous unions should be both legal and eligible for this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally (...) registered partnerships, are quite weak. The objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first‐degree incestuous sexual relations are inherently bad enough to warrant intervention in their own right. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. (shrink)

In this article I take up John Rawls's invitation to investigate the capacity of a given comprehensive ethical doctrine to endorse on principled grounds the liberal terms of social cooperation. In the case of Islamic political ethics, however, far more is at stake in affirming citizenship in a (non-Muslim) liberal democracy than state neutrality and individual autonomy. Islamic legal and political traditions have traditionally held that submission to non-Muslim political authority and bonds of loyalty and solidarity with non-Muslim societies are (...) to be avoided. In this article, I examine the Islamic foundations for affirming on principled grounds residence, political obligation and loyalty to a non-Muslim state. My research shows not only that such grounds exist even in classical Islamic legal discourses, but also that the concerns of Islamic scholars vindicate political liberalism's claim to successfully accommodate the adherents of certain non-liberal doctrines by refraining from proclaiming controversial metaphysical truth-claims. (shrink)

The phenomenon of “Muslim Democracy” has been analyzed by scholars for a number of years, at least since the mid-1990s. The standard view about Muslim Democracy is that (perhaps like its European counterpart Christian Democracy) it represents a nonideological, or postideological, pragmatic approach to electoral politics. The purpose of this article is to advance two primary arguments. The first is that the turn to Muslim Democracy as an ideology and practice should first be understood as a way of thinking about (...) politics that breaks with the sovereigntist imaginary that dominated modern Islamic political thought. Second, Muslim Democrats do not forswear the use of democratic means to advance goals derived from religious commitment as part of their recognition of pluralism and constitutional democracy. Their attitude toward politics should thus be seen as a form of agonistic pluralism. This article thus proposes an interpretation of Muslim Democracy as post-sovereigntist agonistic political Islam. (shrink)

If a state with liberal political and justificatory commitments extends benefits of various kinds to persons forming families, what qualifications may such a state place on the right to access to those benefits? I will make two assumptions for the purposes of this paper. The first is the political and justificatory terrain of some form of political or otherwise non-perfectionist liberalism. The assumption is that we are considering the resources and limitations of a community of persons who accept moral pluralism (...) (if not a specific doctrine like the "burdens of judgment"), some priority for individual freedom, and the obligation to justify public coercion and exclusion in terms accessible and fair to all members of morally and culturally diverse society. The second is that it is justified for a liberal state to recognize some forms of domestic partnerships or families in the first place and extend further benefits to them such as tax credits or laws extending (or facilitating the extension of) medical or social insurance. It is, of course, possible to imagine the argument that the liberal state gets out of the marriage business by getting out of it entirely - by extending no recognition or positive rights to families whatsoever beyond negative non-interference rights. I am interested in the dilemma of a society broadly like existing liberal ones which is committed both to subsidizing families and also to justificatory neutrality (expressed in American constitutional legal terms as the requirement of providing a "rational basis" for unequal treatment). Given these assumptions, I believe that the most justifiable policy on liberal grounds is not the institution of "marriage" increasingly open to new constituent relationships but rather a status of "registered domestic partnership" which fulfills the social and moral aims behind subsidizing the family but is entirely neutral not only to the gender or even to the numbers of the partners, but also to the affective and emotional content of domestic life and the purposes behind contracting domestic partnerships. So is there a right to polygamy and incestuous marriage? There is not a specific right to either and thus there is no a priori reason why some restrictions or even prohibitions on them might not be justified, but the same is true for every specific act where a general right to the freedom exists. I argue in this paper, however, that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally registered partnerships, are quite weak. I argue that objections to polygamy from (1) female autonomy, (2) damage to children, (3) fairness in the marital market, and (4) the unfair burdening of society are serious and worth refuting, but do not establish a victorious case against multi-member relationships. As to incest, there are two separate questions. The first is whether the new institution of "registered domestic partnerships" should be open to them. The answer to that, given the state's lack of interest in citizens' reasons for forming partnerships and in what they do whilst being registered in one, is clearly "yes." The second is whether, entirely separate from the issue of legal recognition of domestic partnership, the state has a legitimate rational interest in deterring, preventing or punishing consanguineous sexual relations between close blood relations (first-degree incest). Here, the objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. (shrink)

In this article I consider whether the legalization of sex-same marriage implies a right to incestuous marriage. I begin by suggesting that the liberal state get out of the 'marriage' business by leveling down to a universal civil union status. The question is then whether incestuous unions should be both legal and eligible for this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally registered (...) partnerships, are quite weak. The objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention in their own right. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. (shrink)

"Much of the disagreement and controversy over Ramadan's significance arguably stems not from a disagreement over what he is on record as having asserted or done but from unexamined or unarticulated assumptions about liberal principles and what they demand of Muslims.".

De Neys argues against assigning exclusive capacities to automatic versus controlled processes. The dual implicit process model provides a theoretical rationale for the exclusivity of automatic threat processing, and corresponding data provide empirical evidence of such exclusivity. De Neys's dismissal of exclusivity is premature and based on a limited sampling of psychological research.

This paper introduces views both hostile to and supportive of the ideas of secularism and religious neutrality in the jurisprudence of Muslim minorities (fiqh al-aqalliyyat).

In a recent article, Saba Mahmood has presented an intriguing account of what was at stake morally and emotionally for a large number of Muslims in the Danish cartoon controversy. In doing so, she offers a framework for thinking about such instances that takes the place of accounts that portray the conflict as one between a liberal, secular commitment to free speech and a religious commitment to combating blasphemy.

Over the last twenty years, archaeologists have used various process-oriented modes of enquiry to undermine the belief that humans are special. Barad (2007) developed Bohr’s indeterminist interpretation of quantum mechanics into agential realism which offers an ontological basis for distributing agency away from humans and plays a crucial role in underwriting some posthumanist archaeological agendas. But its origins in quantum physics make agential realism difficult to understand and evaluate. Despite the challenge, the first two parts of this paper are devoted (...) to each task in turn, with limited success. Part three turns to the archaeological literature, where the evaluation of agential realism turns out to be even more inadequate and so I advise against its use in support of process-oriented approaches in archaeology. The final section turns to the activity of an art workshop and introduces a playful approach to working with clay. Clayful phenomenology is a way of investigating the relationship between gesture, material and ideation. During sculpting, phenomenological experience is not subjective, stable and external but is generated within a transient creative system where entities, ideas and agency reciprocally, emerge as ephemeral manifestations. Clayful phenomenology and agential realism are ontologically similar and both are controversial but agential realism has a wall of quantum conceptual complexity standing between it and a judgement about credibility whereas playing with clay can be assessed directly, through experience. (shrink)