The devastating toll of gun violence has given rise to hundreds of lawsuits seeking justice on behalf of victims and their families. A significant number of challenges against gun companies, however, are blocked by courts' broad reading of the Protection of Lawful Commerce in Arms Act — a federal statute often interpreted to shield the gun industry from civil liability. This article reexamines PLCAA in light of the Supreme Court's recent federalism caselaw, which counsels courts to narrowly construe federal laws (...) that could otherwise upset the balance of power between states and the federal government. Since PLCAA infringes on traditional areas of state authority, the Supreme Court's federalism jurisprudence requires lower courts to interpret PLCAA narrowly, to not bar states from imposing negligence, nuisance, product liability, or other common law liability on gun companies. Reading PLCAA in line with federalism principles would preserve states' traditional authority over their civil justice laws, and enable gun violence victims, and their families, to hold gun companies responsible for wrongdoing. (shrink)

It has been argued repeatedly that the modern study of social and cultural evolution took its inspiration and form from Charles Darwin's Origin of Species and Descent of Man. In 1920, Robert H. Lowie observed that it was after evolutionary principles had been accepted in biology that they were applied to social phenomena, and that Lewis Henry Morgan was among the first to make the application. Sir James George Frazer, at about the same time, dated the birth of anthropology from (...) the promulgation of the evolution theory of Darwin and Wallace in 1859 and maintained that “this conception of evolution … supplies a basis for the modern science of anthropology.” Harry Elmer Barnes similarly traced the development of anthropology from the theory of organic evolution and advised the student that he “need not concern himself with the history of method in sociology before the entry of Darwinian concepts.”. (shrink)

Livro QUERIDO, Fábio Mascaro. Michael Löwy: marxismo e crítica da modernidade. São Paulo: Boitempo; Fapesp, 2016. 199p. ISBN 978-85-7559-483-4.

Resenha LÖWY, Michael. Romantismo e messianismo : ensaios sobre Lukács e Walter Benjamin. Trad. Myriam Vera Baptista e Magdalena Pizante Baptista, 2. ed. São Paulo: Perspectiva, 2012. 213p.

This paper focuses on the role of regulation in the shaping new scientific facts. Fleck chose to study the origins of a diagnostic test for a disease seen as a major public health problem, that is, a ‘scientific fact’ that had a direct and immediate influence outside the closed universe of fundamental scientific research. In 1935, when Fleck wrote his book, Genesis and development of a scientific fact, he believed that the tumultuous early history of the Wassermann reaction had come (...) to an end, and that this reaction was successfully stabilized through the standardization of laboratory practices and thanks to the rise of a specific professional segment—the serologists. He could not have predicted that in the 15 years that followed the publication of his book, regulatory measures—barely metioned in his historical narrative—would play a key role in the destabilization of the original meaning of this reaction. The introduction of mass screening for syphilis—mainly via legislation that introduced obligatory premarital tests and promoted the testing of pregnant women—weakened in fine the link between Wassermann serology and infection by the etiological agent of syphilis, the bacterium Treponema pallidum. Fleck elected to study the Wassermann reaction because of its novelty, its complexity, and because it became the focus of a controversy regarding its origins. However, the Wassermann reaction was also one the first examples of a medical technology regulated by the state and incorporated into legal dispositions. It may therefore be seen as an exemplary case of the close intertwining of scientific investigations, their practical applications and regulatory practices. (shrink)

This article is an attempt at a ‘political’ reading of Kafka’s The Castle, as an ironical, radical critique - from a libertarian perspective - of the despotism of the modern bureaucratic apparatus. This reading is not self-evident. Like all Kafka’s unfinished novels, Das Schloss is a strange and fascinating literary document that creates perplexity and inspires various contradictory and/or dissonant interpretations. And like The Trial it has been the object of very many religious and theological readings. Michael Löwy concludes by (...) arguing that commentators have neglected the character of Amalia, one of the most impressive female figures in Kafka’s work, who is at the heart of the libertarian individualism of the Prague writer. (shrink)

Eric Hobsbawm is a man of the Enlightenment: does he not define socialism as the last and most extreme heir of the eighteenth century's rationalism? So it is not surprising that the distinction between ‘modern’ and ‘primitive’ or ‘archaic’ has an important place in his work. However, examining some of his writings, and in particular the three books from the period 1959-69 devoted to so-called archaic forms of revolt, it is evident that his approach differs markedly from the ‘progressive’ orthodoxy (...) in its interest, sympathy, even fascination - these are his own words - for ‘primitive’ movements of peasant antimodern (anti-capitalist) resistance and protest. I refer to Primitive Rebels (1959), Bandits (1969) and Captain Swing (1969). (shrink)

Gershom Scholem was without question a brilliant example of the modern Jewish intellectual: neither Talmudic, rabbinical, nor kabbalistic and still less a prophet. More modestly - but with remarkable spiritual energy - he was a historian, a man of learning, a university graduate, a (critical) son of the Haskalah or Hebrew Enlightenment, and a thinker who - without ever ceasing to believe after his own fashion - abandoned the traditional orthodox faith, with its rituals and prohibitions. He was also a (...) modern Jewish intellectual because he was assimilated, shaped by German culture - despite his revolt against assimilation, his fight on behalf of ‘dissimilation’ (to use the term invented by Franz Rosenzweig), and his adherence to Sionism, which caused him to leave for Jerusalem in 1923. In reality he belonged to the first generation of Jewish university intellectuals in Central Europe who burst massively into the institutions of higher education at the end of the nineteenth and the beginning of the twentieth centuries - in contrast to the isolated individuals, generally cut off from the Jewish community, who had had access to academic study in the earlier period. (shrink)

In the inter-war period physicians elaborated numerous ‘biotherapies’ grounded in the complex interactions between physiology, bacteriology and immunology. The elaboration of these non-specific biological treatments was stimulated by the theory of generalized anaphylaxis that linked the violent reaction to a foreign protein to a broad array of chronic diseases, from asthma and urticaria to rheumatism or chronic colitis. Such diseases were perceived as the result of an ‘abnormal reactivity’ to a sensitisation of tissues and organs by bacteria and by foreign (...) proteins, a view that provided an effective bridge between new concepts derived from bacteriology and immunology and the long-standing pathological tradition. Accordingly, physicians attempted to treat these conditions through specific desensitisation and non-specific biological therapies: peptone treatment, protein therapy, haemotherapy, ‘antivirus’ or ‘opotherapy’. Therapies that attempted to neutralise the harmful effects of chronic infections through ‘desensitisation’ were not seen as marginal medical practices, but were promoted by leading advocates of the ‘Pasteurian sciences’, such as Richet, Widal, Vallery-Radot, Wright and Fleming. They also led to development of new products by the pharmaceutical industry. (shrink)

Tests for hereditary predispositions to breast and ovarian cancer have figured among the first medical applications of the new knowledge gleaned from the Human Genome Project. These applications have set off heated debates on general issues such as intellectual property rights. The genetic diagnosis of breast cancer risks, and the management of women “at risk” has nevertheless developed following highly localized paths. There are major differences in the organization of testing, uses of genetic tests, and the follow up of patients. (...) This article studies testing practices and ways of managing breast cancer risk in France and compares them with those in the United States and United Kingdom. It shows how the complex interaction between global and local factors shapes the multiple meanings assumed by the phrase cancer risk. (shrink)

Fifteen years in the making, _Hyperpolitics _is an interactive dictionary offering a wholly original approach for understanding and working with the most central concepts in political science. Designed and authored by two of the discipline’s most distinguished scholars, its purpose is to provide its readers with fresh critical insights about what informs these political concepts, as well as a method by which readers—and especially students—can unpack and reconstruct them on their own. International in scope, _Hyperpolitics_ draws upon a global vocabulary (...) in order to turn complex ideas into an innovative teaching aid. Its companion open access website has already been widely acknowledged in the fields of education and political science and will continue to serve as a formidable hub for the book’s audience. Much more than a dictionary and enhanced by dynamic graphics, _Hyperpolitics _introduces an ingenious means of understanding complicated concepts that will be an invaluable tool for scholars and students alike. (shrink)

Two paradoxes seem to characterise the method of the critique of ideology. The first has to do with the fact that ideologies are “both true and false” (Adorno). The second has to do with the fact that the critique of ideology seems to carry both a normative and a descriptive dimension. The article argues that these two paradoxes disappear when the critique of ideology is addressed by way of a Hegelian mode of immanent critique. Such an approach highlights both the (...) specific normative claim of the critique of ideology and the specific problematic which it exemplifies. (shrink)

The use of aborted fetal tissues in research and therapy has raised exciting possibilities and a host of social, legal and ethical issues. Perhaps the most difficult issue is whether the use of materials from elective abortion can be viewed and weighed separately from the abortion itself, or if in using these tissues there is inherent complicity with the abortion act. Those who oppose FTT claim that there is complicity with the abortion act and liken the use of fetal tissue (...) from abortions to the use of data from the Nazi experiments. Within this lobby are those who claim that the option to donate fetal tissues will make abortion a more attractive alternative for pregnant women, and that there are doctors who will offer fetal tissue donation as a positive incentive to abortion-with the net effect that more abortions will take place. (shrink)

The use of aborted fetal tissues in research and therapy has raised exciting possibilities and a host of social, legal and ethical issues. Perhaps the most difficult issue is whether the use of materials from elective abortion can be viewed and weighed separately from the abortion itself, or if in using these tissues there is inherent complicity with the abortion act. Those who oppose FTT claim that there is complicity with the abortion act and liken the use of fetal tissue (...) from abortions to the use of data from the Nazi experiments. Within this lobby are those who claim that the option to donate fetal tissues will make abortion a more attractive alternative for pregnant women, and that there are doctors who will offer fetal tissue donation as a positive incentive to abortion-with the net effect that more abortions will take place. (shrink)

The Progress of the Left in Latin America: Governments, Social Movements, the Struggles of the Amerindian Populations Gérard Duménil and Michaël Löwy here interview Michel Lemoine about the nature of the governments currently in office in Argentina, Brazil, Uruguay, Bolivia and Venezuela. What contribution can these governments make to the task of establishing an anti-imperialist front? What are the specific features of the Latin American resistance to neo-liberalism, in view of the articulation between this resistance and the struggles of the (...) Amerindian populations? How is one to assess the manner in which Chavez defines and attempts to implement his project of a “socialism for the twenty-first century”. These are the principal questions addressed here. (shrink)

Benjamin's fragment 'Capitalism as Religion', written in 1921, was only published several decades after his death. Its aim is to show that capitalism is a cultic religion, without mercy or truce, leading humanity to the 'house of despair'. It is an astonishing document, directly based on Max Weber's Protestant Ethic and the Spirit of Capitalism, but – in ways akin to Ernst Bloch or Erich Fromm – transforming Weber's 'value-free' analysis into a ferocious anticapitalist argument, probably inspired by Gustav Landauer's (...) romantic and libertarian socialism. This article analyses Benjamin's fragment and explores its relationship to Weber's thesis, as well as to the tradition of romantic anticapitalism. (shrink)

Resumo: As apropriações de conceitos da teoria marxista por parte de teólogos da libertação podem ser consideradas incoerentes, seja pela histórica relação de condenação mútua entre marxistas e clérigos, seja pela distinção entre religião e economia-política, típica da modernidade. Diante disso, o conceito de afinidade eletiva de Weber, na interpretação do sociólogo franco-brasileiro Michael Löwy, possibilita renovar os estudos dos fenômenos sociais nos quais o marxismo e a teologia cristã parecem fundir-se em uma crítica social radical, como teologia da libertação. (...) Esse instrumental analítico permite identificar o sentido no qual algumas categorias marxistas são apropriadas, em forte confluência nos marcos do cristianismo de libertação. Para isso, em uma análise bibliográfica referenciada na obra de Löwy, apresenta-se o desenvolvimento do conceito de afinidade eletiva na tradição webero-marxista, identificando elementos dessa convergência na teologia do cristianismo de libertação. Por fim, buscam-se exemplos desses elementos em textos de diferentes expressões da teologia da libertação. Trata-se de um exercício teórico que almeja colaborar para a consolidação de uma abordagem específica do tema.: The appropriation of concepts of Marxist theory by liberation theologians can be considered incoherent, whether in terms of the historical relationship of mutual condemnation between Marxists and clerics, or in terms of the distinction between religion and political economy that is typical of modernity. However, Weber’s concept of elective affinity, in the interpretation of the Franco-Brazilian sociologist Michael Löwy, makes it possible to renew the studies of social phenomena in which Marxism and Christian theology seem to merge into a radical social critique, as in the case of liberation theology. This analytical approach enables us to identify the sense in which some Marxist categories are appropriated within the framework of liberation Christianity. In a bibliographical analysis that makes reference to Löwy’s work, we present the development of the concept of elective affinity in the Weberian-Marxist tradition and identify elements of its convergence with the theology of liberation Christianity. Finally, we look for examples of these elements in texts from different expressions of liberation theology. (shrink)