Dwayne Giles shot and killed Brenda Avie, his ex-girlfriend, and claimed self-defense. At trial, to rebut Giles's testimony that she was the aggressor, prosecutors introduced statements that Avie had made three weeks before the shooting to a police officer responding to a report of domestic violence. Crying while she spoke, Avie told the officer that Giles had choked, punched, and threatened to kill her. After he was convicted of murder, Giles claimed that the admission of Avie's hearsay statement was a (...) violation of the Confrontation Clause. The state responded that the defendant had forfeited his right to confront Avie by killing her. In the last week of its last Term, the United States Supreme Court considered these arguments in California v. Giles. The case was decided in the wake of Crawford v. Washington and Davis v. Washington, which together transformed the Confrontation Clause and, as a consequence, the prosecution of domestic violence. Giles, which generated five opinions and exposed a Court deeply ambivalent about the reinterpreted confrontation right, has done little to impose order on this chaos. This Essay, which will be published in Lewis and Clark's symposium issue on Giles, contemplates the future of domestic violence prosecution in a period of uncertainty. My analysis endeavors to guide lower courts in the task of application and to map a course for the evolution of prosecutorial approaches to battering. I conclude that Giles represents a significant opportunity for those concerned about the constraints Crawford and Davis had seemed to place on the prosecution of domestic violence. For the first time, the Court has identified "the domestic violence context" as a relevant construct, thereby compelling lower courts to grapple with the particularities of violence between intimates. This is a remarkable shift in relatively short order, and it allows us to glimpse the possibility of a jurisprudence informed by the realities of battering. (shrink)

This paper examines how unethical behavior in the workplace occurs when management places inordinately strong emphasis on goalattainment without a corresponding emphasis on following legitimate procedures. Robert Merton's theory of sodal structure and anomie provides a foundation to discuss this argument. Key factors affecting ethical climates in work organizations are also addressed. Based on this analysis, the paper proposes strategies for developing and changing aspects of organizational culture to reduce anomie, thereby creating work climates which discourage unethical practices and provide (...) employees with mechanisms to resolve ethical conflicts in a constructive way. (shrink)

Research on linguistic interaction suggests that two or more individuals can sometimes form adaptive and cohesive systems. We describe an “alignment system” as a loosely interconnected set of cognitive processes that facilitate social interactions. As a dynamic, multi-component system, it is responsive to higher-level cognitive states such as shared beliefs and intentions (those involving collective intentionality) but can also give rise to such shared cognitive states via bottom-up processes. As an example of putative group cognition we turn to transactive memory (...) and suggest how further research on alignment in these cases might reveal how such systems can be genuinely described as cognitive. Finally, we address a prominent critique of collective cognitive systems, arguing that there is much empirical and explanatory benefit to be gained from considering the possibility of group cognitive systems, especially in the context of small-group human interaction. (shrink)

The debate surrounding the issue of collective moral responsibility is often steeped in metaphysical issues of agency and personhood. I suggest that we can approach the metaphysical problems surrounding the issue of collective responsibility in a roundabout manner. My approach is reminiscent of that taken by P.F. Strawson in “Freedom and Resentment” (1968). Strawson argues that the participant reactive attitudes – attitudes like resentment, gratitude, forgiveness and so on – provide the justification for holding individuals morally responsible. I argue that (...) the framework of the reactive attitudes extends to collectives and provides the justification for holding collectives morally responsible. (shrink)

Recent discussions of rational deliberation in science present us with two extremes: unbounded optimism and sober pessimism. Helen Longino (1990) sees rational deliberation as the foundation of scientific objectivity. Miriam Solomon (1991) thinks it is overrated. Indeed, she has recently argued (2006) that group deliberation is detrimental to empirical success because it often involves groupthink and the suppression of dissent. But we need not embrace either extreme. To determine the value of rational deliberation we need to look more closely at (...) the practice and practitioners of science. I offer a closer look here by exploring the joint agency of small research teams. Although there are factors that contribute to the suppression of dissent in group contexts, a closer look at the literature on group dynamics suggests that there are ways to mitigate the effects of groupthink. Thus, there is reason to be cautiously optimistic about the value of rational deliberation within certain scientific contexts. (shrink)

Increasing globalization of the nursing workforce and the desire for migrants to realize their full potential in their host country is an important public policy and management issue. Several studies have examined the challenges migrant nurses face as they seek licensure and access to international work. However, fewer studies examine the barriers and challenges internationally educated nurses (IEN) experience transitioning into the workforces after they achieve initial registration in their adopted country. In this article, the authors report findings from an (...) empirically grounded study that examines the experience of IENs who entered Ontario’s workforce between 2003 and 2005. We found that migrant nurses unanimously described nursing as ‘different’ from that in their country of origin. Specifically, IENs reported differences in the expectations of professional nursing practice and the role of patients and families in decision‐making. In addition, problems with English language fluency cause work‐related stress and cognitive fatigue. Finally, the experience of being the outsider is a reality for many IENs. This study provides important insights as policy and management decision‐makers balance the tension between increasing the IEN workforce and the delivery of safe patient care. (shrink)

I bring several ecofeminist critiques of deep ecology to bear on mainstream animal rights theories, especially on the rights and utilitarian treatments of the animal research issue. Throughout, I show how animal rights issues are feminist issues and clarify the relationship between ecofeminism and animal rights.

During the past decade there has been a very effective campaign against any explanation of remembering whose basic concept is that of a causally mediating trace. This paper attempts to provide such an explanation by presenting an explicit deductive argument for the existence of the memory trace. The conclusion is shown to follow from reasonable, empirical assumptions of which the most interesting is a spatiotemporal contiguity thesis. Set-theoretic techniques are used to provide a framework of analysis and probabilistic definitions of (...) some causal notions, as that of a causal chain, are presented. (shrink)

New Zealand has had free, state, secular education since 1877, but just what is meant by secularism is changing. Since the 1980s the growth of Maori education initiatives has mushroomed and these place emphasis on Maori values and beliefs, including spirituality. In addition, in 1999 a definition and statement on spirituality appeared in the health and physical education national curriculum document. This statement referred to values, beliefs, meaning and purpose. It also incorporated a Maori model of well‐being which places the (...) spiritual alongside other dimensions of humanity. This article explores the concept of spirituality in secular schooling in New Zealand. Some influences from Maori culture are explored with particular reference to values, ethical decision‐making and spirituality. Interviews with Maori teachers highlight how moral decisions often reflect spiritual beliefs and practices. It is argued that schooling has a moral obligation to reflect indigenous values if understanding, respect and cultural identity are to be promoted and cherished. It is also suggested that spirituality challenges what we have traditionally considered as learning at school. (shrink)

This article explores female religious interaction in racially divided ‘colonial’ South Africa through the lives of five unmarried Anglican women missionaries who worked in and around Johannesburg between 1907 and 1960. It particularly analyses the quality of their personal relationships with African women converts, colleagues and students. Deaconess Julia Gilpin, in the imperial, anglicizing post-Boer War years, encouraged devout, respectable wifehood on the mine compounds, contributing to the corporate solidarity of praying mothers as a deeply entrenched feature of most black (...) churches. Dora Earthy interacted in a warmer, more egalitarian way with black churchwomen. Her transfer to Mozambique led not only to evangelistic building on African cultural traditions and pioneering anthropological research but also to the protection and validation of Christian widows’ autonomy against coerced remarriage. Frances Chilton and Dorothy Maud, despite sharply contrasting class origins, struggled to connect with more assertive networks of married women in the segregationist 1920s and 1930s, devoting their energies rather to guiding and enhancing African girlhood and youth. Hannah Stanton, in the more politically fraught 1950s, recognized the necessary independence of African actors and the limitations of outdated white liberal advocacy. Her training of African women promised new theological and organizational maturity, a potential collegiality, cut short by her detention in the 1960 State of Emergency and subsequent expulsion. The historical sweep of this survey suggests which personal and political conjunctures opened up or closed down meaningful interaction between colonized and colonizing women. It also offers a more positive evaluation of the intersection of race and religion as not invariably a ‘fatal combination’. The politics of the personal in women's joint educational, mission and social welfare ventures across the racial divide helped keep alive the idea of a single society and thus aided the surprisingly peaceful transition to democracy in South Africa in 1994. (shrink)

A UN report, which comprehensively documents the advance of global population ageing, was released on 1 October 2012, the International Day of Older Persons. In the West, this development has been accelerated by and will be profoundly experienced by the baby boomers. As they reach ages historically linked with retirement their numbers are rising, as are expectations for annual age-related public spending. Vulnerabilities are regularly being exposed in terms of medical care, social care and inadequate retirement planning. This makes acceptance (...) of the traditional narrative for ageing, including passivity, complacency and accelerating dependency, patently unsustainable. Medical and technological advancements have given this cohort an achievement award in terms of longer, healthier lives and there is a choice to make. Either substantive changes to redefine this life stage are made or the salutary lesson afforded by the new longevity could be squandered. (shrink)

In May 1968, Gilles Deleuze was an established philosopher teaching at the innovative Vincennes University, just outside of Paris. Félix Guattari was a political militant and the director of an unusual psychiatric clinic at La Borde. Their meeting was quite unlikely, yet the two were introduced in an arranged encounter of epic consequence. From that moment on, Deleuze and Guattari engaged in a surprising, productive partnership, collaborating on several groundbreaking works, including _Anti-Oedipus_, _What Is Philosophy?_ and _A Thousand Plateaus_. François (...) Dosse, a prominent French intellectual known for his work on the Annales School, structuralism, and biographies of the pivotal intellectuals Paul Ricoeur, Pierre Chaunu, and Michel de Certeau, examines the prolific if improbable relationship between two men of distinct and differing sensibilities. Drawing on unpublished archives and hundreds of personal interviews, Dosse elucidates a collaboration that lasted more than two decades, underscoring the role that family and history—particularly the turbulent time of May 1968—play in their monumental work. He also takes the measure of Deleuze and Guattari's posthumous fortunes and the impact of their thought on intellectual, academic, and professional circles. (shrink)

Concluding his reading of Saussure in Of Grammatology, Derrida seems to take a breathtaking leap. Asserting the absolute generality of the "written trace," he writes: "Articulating the living upon the nonliving, origin of all repetition, origin of ideality, the trace is not more ideal than real, not more intelligible than sensible, not more a transparent signification than an opaque energy and no concept of metaphysics can describe it."1 Appearing in the context of his reading of Saussure, the trace seemed to (...) be about the nature of the linguistic sign, or semiology broadly construed. However, by the chapter's conclusion, the trace and writing are not relative to any context. They function everywhere, articulating... (shrink)

This chapter contains sections titled: Introduction Knowledge and Representation Education as a Re/Presentational Practice Complexity's Challenge to Representation Complexity's Challenge to Presentation Implications for Schooling Notes References.

This essay argues for the relevance of the history of family life to the history of science, taking the example of the Exners of Vienna. The Exners were an influential case of the nineteenth‐century European phenomenon of the “scientific dynasty.” The focus here is on their collaborative research on color theory at the turn of the twentieth century. At first glance, this project looks like a reactionary strike against aesthetic innovation, a symptom of what historians assume was an unbridgeable gulf (...) between scientific reason and artistic modernism. We can better understand the Exners’ motivations by situating this research at the intersection of the family's public and private lives. The domestic context sheds light on their use of such scientific terms as “subjective,” “normal,” and “universal,” providing a more nuanced sense of what rationality really meant in fin‐de‐siècle Vienna. (shrink)

Dans cet article, l’auteure, psychologue clinicienne, interroge les enjeux intersubjectifs sous-jacents aux expériences de nourrissage. Elle envisage la croissance psychique comme étant fonction de l’instauration d’une relation humaine intime et nourrissante qu’elle nomme une « relation de nourrissage ». À partir d’une séquence détaillée d’observation de bébé à domicile selon la méthode E. Bick, l’auteure considère la relation de nourrissage comme le paradigme de la rencontre intersubjective. Elle souligne l’importance du travail d’accordage dans la mise en forme et l’intégration de (...) l’expérience. Elle montre ensuite que la relation de nourrissage permet, à travers le rétablissement de l’unité symbiotique postnatale ordinaire, l’accès à une reconnaissance intersubjective individuante. Enfin, elle met en lumière le fantasme organisateur de la relation de nourrissage et le rôle central tenu par la fonction paternelle. (shrink)

: This paper focuses on Princess Elisabeth of Bohemia's philosophical views as exhibited in her early correspondence with René Descartes. Elisabeth's criticisms of Descartes's interactionism as well as her solution to the problem of mind-body interaction are examined in detail. The aim here is to develop a richer picture of Elisabeth as a philosophical thinker and to dispel the myth that she is simply a Cartesian muse.

I was dreaming about Delores when the phone interrupted us. It was the Chief, or ‘Stress,’ as we liked to call him, telling me to get part of my anatomy down to Shakey’s Funeral Parlor. My head ached. I thought I must be the only sucker who gets a hangover from being drunk on life. I got up, put two eggs, a spoonful of wheatgerm, the remains of the scotch, and the phonebill into the blender and fed the whole lot (...) to the cat. It helped, but not as much as Delores would have. I should have married her even if she was a Hubot. At least she could play chess. I was still Rumanating over Delores as I hit the curb outside Shakey’s.I had the notion that Shakey’s was once a pizza joint but I could have been wrong. I found Stress, disheveled as usual, in the lobby.‘You’re late,’ he said. I wasn’t, but he’s thatkinda guy. He says ‘Jump!’ and you say ‘With or without my legs?’ We got our free Cokes from Shakey himself, who led us down the hall. (shrink)

Clinical research employing the randomized clinical trial has, traditionally, been understood to pose an ethical dilemma. On the one hand, each patient ought to get the treatment that best meets her needs, as judged by the patient in consultation with her doctor. On the other hand, the method most helpful to advancing our understanding about what treatments are indeed best able to meet patient needs is the randomized trial, which necessitates that each patient's care is decided not by physician judgment (...) or patient choice but instead by random assignment. The tension can be described as a conflict between the interests of individual patients who are sick today, and the interests of the group of people who will become sick in the future and would benefit from advances in medical understanding. How one ought to balance these important and often competing interests is an important ethical question that resists easy resolution. (shrink)

Philosophers such as Dan Brock believe that surrogates who make health care decisions on behalf of previously competent patients, in the absence of an advance directive, should make these decisions based upon a substituted judgment principle. Brock favours substituted judgment over a best interests standard. However, Edward Wierenga claims that the substituted judgment principle ought to be abandoned in favour of a best interests standard, because of an inherent problem with the substituted judgment principle. Wierenga's version of the substituted judgment (...) principle and his counterexample to the principle's successful interpretation of valid surrogate consent is presented. A new version of what is meant by the substituted judgment principle is advanced. The new version is not beset with the problems Wierenga initially ascribed to the substituted judgment principle. (shrink)

Abstract:This essay examines Beacon Hill School, founded in 1927 by Bertrand and Dora Russell. I consider the roles of the school’s two founders and the significance of the school as an educational and social experiment, situating its history in the context of the development of progressive education and of modernist ideas about marriage and childrearing in the first half of the twentieth century. Although Bertrand Russell played a crucial role in founding Beacon Hill, it was primarily Dora Russell’s project, and (...) it was exclusively hers from 1932 until the school ceased to exist in 1943. (shrink)

In recent years, health warnings on tobacco products have become compulsory through legislation introduced by the Australian government. This approach shows a lack of concern for tobacco consumers while allowing government to abdicate responsibility without jeopardising profit. The decision to warn people of inevitable addiction and disease fails to recognise previous research into adolescent attraction to deviance and the role of suggestion in cure and illness. The Australian government makes millions of dollars each year by taxing tobacco products—as long as (...) these profits continue to be directed almost exclusively into consolidated revenue, smokers will remain victims of a system unconcerned with exploitation. (shrink)

In two studies, we examined how expressions of guilt and shame affected person perception. In the first study, participants read an autobiographical vignette in which the writer did something wrong and reported feeling either guilt, shame, or no emotion. The participants then rated the writer's motivations, beliefs, and traits, as well as their own feelings toward the writer. The person expressing feelings of guilt or shame was perceived more positively on a number of attributes, including moral motivation and social attunement, (...) than the person who reported feeling no emotion. In the second study, the writer of the vignette reported experiencing (or not experiencing) cognitive and motivational aspects of guilt or shame. Expressing a desire to apologise (guilt) or feelings of worthlessness (private shame) resulted in more positive impressions than did reputational concerns (public shame) or a lack of any of these feelings. Our results indicate that verbal expressions of moral emotions such as guilt and shame influence perception of moral character as well as likeability. (shrink)

Lady Mary Shepherd argued for distinctive accounts of causation, perception, and knowledge of an external world and God. However, her work, engaging with Berkeley and Hume but written after Kant, does not fit the standard periodisation of early modern philosophy presupposed by many philosophy courses, textbooks, and conferences. This paper argues that Shepherd should be added to the canon as a Scottish philosopher. The practical reason for doing so is that it would give Shepherd a disciplinary home, opening up additional (...) possibilities for research and teaching. The philosophical reason is that her views share certain features characteristic of canonical Scottish philosophers. (shrink)

In empirical modeling, an important desiderata for deeming theoretical entities and processes as real is that they can be reproducible in a statistical sense. Current day crises regarding replicability in science intertwines with the question of how statistical methods link data to statistical and substantive theories and models. Different answers to this question have important methodological consequences for inference, which are intertwined with a contrast between the ontological commitments of the two types of models. The key to untangling them is (...) the realization that behind every substantive model there is a statistical model that pertains exclusively to the probabilistic assumptions imposed on the data. It is not that the methodology determines whether to be a realist about entities and processes in a substantive field. It is rather that the substantive and statistical models refer to different entities and processes, and therefore call for different criteria of adequacy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Nietzsche and the Promise of Philosophy by Wayne KleinDeborah Carter MullenWayne Klein. Nietzsche and the Promise of Philosophy. Albany: State University of New York Press, 1997. Pp. xviii + 256. Paper, $19.95.Wayne Klein states in his Introduction to Nietzsche and the Promise of Philosophy that “Nietzsche’s texts are anomalous…because they explicitly and inexorably force us to question our assumptions about meaning, understanding and writing in a way that (...) few other philosophical texts have” (5). From its beginning, Klein’s book challenges the reader to think beyond the dualism of the literal and figurative meaning of words. For Klein, this task is central to understanding both the content and style of Nietzsche’s writings; or rather, it is essential to the recognition that ‘content’ and ‘style’ cannot be thought separately, especially when reading a poet-philosopher such as Nietzsche who meditates extensively on the intrinsic connection of the two. In his following chapters, Klein provides the reader with an innovative way of reading Nietzsche’s corpus, a strategy of interpretation which is acutely aware that Nietzsche’s philosophy is inseparable from Nietzsche’s rhetoric (6).Chapter One questions both Heidegger’s and Kaufmann’s interpretations of Nietzsche, which, according to Klein, “share a common conviction that Nietzsche’s thought can only be understood properly if it is abstracted from its context and read against the backdrop of his philosophy as a whole” (42). Klein also criticizes Nehamas’ reading of Nietzsche which endeavors to discover “thematic connections and continuities among Nietzsche’s writings, without attempting to take the texts on their own terms as texts” (50). Ultimately, Klein views all three readers as offering an interpretation of Nietzsche in which “the ‘what’ of Nietzsche’s writings is thoroughly divorced from the ‘how’ ” (42).Klein’s strongest evidence for his position of Nietzsche as philosopher-rhetorician is presented in Chapters Two and Three. In Chapter Two, Klein argues against the view [End Page 639] of Maudemarie Clark that (l) Nietzsche’s later writings affirm a “common-sense” or empirical view of truth, and therefore, (2) Nietzsche’s earlier rhetorical descriptions of truth ought to be rejected by the reader who desires to understand Nietzsche’s mature thought (58–59). Through a detailed reading of Nietzsche’s 1872–73 Course on Rhetoric and the 1873 “On Truth and Lies in an Extra-Moral Sense,” Klein presents a convincing case that Nietzsche’s analysis in his early writings of truth as metaphor, metonymy, and synecdoche does not “deny that words can be true, but that with respect to their multifarious origins they are not principally concerned with truth as correspondence or identity” (70). Instead—with Heidegger’s concept of aletheia as the horizon—Klein suggests that Nietzsche’s early writings “insist on a radical undecidability between literal and figurative discourse” which leads Nietzsche to embrace “a conception of shining truth,” i.e., the veiled “shining forth of appearance” (78, 83). This notion of truth as shine or shining forth allows Klein to link Nietzsche’s earliest writings to later works such as Beyond Good and Evil and Twilight of the Idols in their portrayals of truth. Further-more, once this connection is established, Klein can challenge Clark’s reading that Nietzsche’s mature view of truth implicitly acknowledges an empirical dualism of “the true” and “the false.”After establishing that the division between style and content is an ontological dichotomy which Nietzsche’s work rejects, Klein can utilize this fundamental ambiguity between Nietzsche the philosopher and Nietzsche the rhetorician to reconsider specific concepts put forward in Nietzsche’s other writings. Chapter Three interprets The Birth of Tragedy in this vein; however, the most provocative re-reading of Nietzsche occurs in Chapter Four, where Klein brings into question Nietzsche’s “naturalism,” his reliance in his later criticisms of metaphysics and morality upon a seemingly “essentialistic understanding” of central concepts such as the will to power, life, physiology, and sickness and health (141). By returning to Nietzsche’s early writings in his analysis of the later works, Klein concludes that “the pseudo-normative concepts of life, nature, and the will to power” can be read as “contingent interpretations of existence... (shrink)

We should not think of babies as having a right to be born healthy. We cannot say what such a right involves, and if we could, enforcing it would infringe on the mother's most basic rights. Most importantly, positing such a right casts the fetus and mother as adversaries, and so destroys the maternal‐fetal relationship.

À l’aube de la Révolution française, alors que l’idée de sphère domestique et intime n’est pas finalisée, la famille est encore pensée comme une société politique : en conséquence, les bouleversements ouverts dans la sphère publique s’appliquent également à la sphère familiale. C’est le cas de la pensée de ces interruptions temporelles que sont la révolution comme rupture du contrat politique et le divorce comme rupture du contrat familial. L’article montre qu’une révolution soucieuse de stabilité a cherché, entre 1789 et (...) 1794, à instaurer et à justifier la possibilité de ces ruptures dans des contrats qui ne peuvent désormais plus tenir que sur le consentement renouvelé d’individus libres, mais s’est également montrée soucieuse d’en légiférer le cours et d’en limiter les possibles. En marge de ces processus où le temps de la rupture est contrôlé et limité par la loi, on trouve quelques individus et penseurs qui, dans un tout autre rapport au temps, se montrent soucieux d’en faire l’occasion d’une ouverture permanente des possibles. (shrink)