This article offers a detailed response to a recent article in this Journal by Charles Robertson titled “A Thomistic Analysis of Embryo Adoption.” A careful review of important terminology that is used in both Donum vitae and Dignitas personae was undertaken, and a summary is included to help define frequently misleading and even mistaken concepts and terms that can often lead to erroneous conclusions. This article focuses on Donum vitae I.3 and n. 2275 of the Catechism of the Catholic Church, (...) which provide strong magiste­rial support for the liceity of embryo transfer and, ultimately, for the morality of embryo adoption as the only moral solution for “orphaned” embryos. The conclusion offers a faithful interpretation and resolution of the difficult passages in Donum vitae I.5 and Dignitas personae n. 19 regarding the magisterial liceity of both embryo transfer and embryo adoption. (shrink)

This essay responds to an article by Elizabeth Bothamley Rex titled “The Magisterial Liceity of Embryo Adoption”, specifically to Rex’s critique that his objections to the liceity of embryo transfer distort magisterial documents. He then draws out the implications of the differences between his view and Rex’s on the relation between maternity and pregnancy. The essay concludes by pointing out that, if they are to change their minds, opponents of embryo adoption need to be convinced that it is (...) morally licit to impregnate, or “introduce an order to birth,” in a woman by means other than the marriage act. (shrink)

An article by Mark Repenshek and a letter by Edward Delaquil published recently in The National Catholic Bioethics Quarterly underscore the urgent need for further moral and magisterial clarification regarding a number of highly complex and difficult bioethical issues. These involve ex utero therapeutic genomic interventions, the practice of in vitro fertilization and embryo transfer, and the ongoing debate over the morality of embryo adoption to help resolve the “absurd” fate of countless, cryopreserved human embryos. This essay critiques and argues (...) against the use of therapeutic IVF, helps clarify why embryo transfer and embryo adoption do not violate the sacred bond of marriage, and uses key magisterial passages from both Donum vitae and the Catechism of the Catholic Church to defend the practice of embryo transfer. National Catholic Bioethics Quarterly 14.2 : 227–234. (shrink)

Although the buying, selling, and trading of fossils has been a principle part of paleontological practice over the centuries, the commercial collection of fossils today has re-emerged into a pervasive and lucrative industry. In the United States, the number of commercial companies driving the legal, and sometimes illegal, selling of fossils is estimated to have doubled since the 1980s, and worries from academic paleontologists over this issue has increased accordingly. Indeed, some view the commercialization of fossils as one of the (...) greatest threats to paleontology today. In this article, I address the story of “Sue”—the largest, most complete, and most expensive Tyrannosaurus rex ever excavated—whose discovery incited a series of high-profile legal battles throughout the 1990s over the question of “Who owns Sue?” Over the course of a decade, various stakeholders from academic paleontologists and fossil dealers to Native Americans, private citizens, and government officials all laid claim to Sue. In exploring this case, I argue that assumptions of authority are responsible for initiating and sustaining debates over fossil access. Here, assumptions of authority are understood as assumptions of ownership, or expertise, or in some cases both. Viewing the story from this perspective illuminates the significance of fossils as boundary objects. It also highlights the process of boundary-work by which individuals and groups constructed or deconstructed borders around Sue and fossil access to establish their own authority. I draw on science studies scholarship as well as literature in the professionalization, commercialization, and valuation of science to examine how assumptions of authority facilitated one of the most divisive episodes in recent paleontological history and the broader debate on the commercial collection of vertebrate fossil material in the United Sates. (shrink)

Although the buying, selling, and trading of fossils has been a principle part of paleontological practice over the centuries, the commercial collection of fossils today has re-emerged into a pervasive and lucrative industry. In the United States, the number of commercial companies driving the legal, and sometimes illegal, selling of fossils is estimated to have doubled since the 1980s, and worries from academic paleontologists over this issue has increased accordingly. Indeed, some view the commercialization of fossils as one of the (...) greatest threats to paleontology today. In this article, I address the story of “Sue”—the largest, most complete, and most expensive Tyrannosaurus rex ever excavated—whose discovery incited a series of high-profile legal battles throughout the 1990s over the question of “Who owns Sue?” Over the course of a decade, various stakeholders from academic paleontologists and fossil dealers to Native Americans, private citizens, and government officials all laid claim to Sue. In exploring this case, I argue that assumptions of authority are responsible for initiating and sustaining debates over fossil access. Here, assumptions of authority are understood as assumptions of ownership, or expertise, or in some cases both. Viewing the story from this perspective illuminates the significance of fossils as boundary objects. It also highlights the process of boundary-work by which individuals and groups constructed or deconstructed borders around Sue and fossil access to establish their own authority. I draw on science studies scholarship as well as literature in the professionalization, commercialization, and valuation of science to examine how assumptions of authority facilitated one of the most divisive episodes in recent paleontological history and the broader debate on the commercial collection of vertebrate fossil material in the United Sates. (shrink)

Introduction: Depression, biology, aggression -- Underbelly -- The biological unconscious -- Bitter melancholy -- Chemical transference -- The bastard placebo -- The pharmakology of depression.

The charge of treason and the judgment of insanity have left questions that invariably intrude on an assessment of Pound’s life and work. Critics frequently adopt a strategy of separating the life and the work, but tactical review is often necessary. There is a lightness in Pound’s writing that speaks of a being detached from the concerns of the world. Yet with his economic theory of social credit, his political and racial views, as well as his concern for other writers, (...) he is of the world—in the world and part of it. He was decidedly not tied to geography. He had no region or period, and he was as comfortable in Confucian China as in Dante’s Florence or twentieth-century Rome. He could work anywhere. He wrote The Pisan Cantos while jailed in Italy. The Cantos were published while he was in a mental wart at St. Elizabeths, yet a court found that he could not understand the charges against him. Can such an impairment and such achievement occur at the same time? If you say no, then what of the treason? Did he feign madness to escape punishment? Could Pound have been convicted of treason?In this paper, I intend to examine what has been loosely referred to as “the trial of Ezra Pound” and to show that Pound’s case should have been brought to trial within one or two years after his commitment to St. Elizabeths because he had a reasonable chance of being found not guilty of treason; even if found guilty, the circumstances in mitigation of a long prison term would have been so evident that he would have likely spent considerably less time in prison than he spent locked up at the mental institution. I will do this, in part, by reviewing the similarities and differences between Pound’s case and three other treason cases that came to trial within the first years after World War II. The English case, Rex v. Joyce, was tried shortly after the close of the war and well before Pound’s competency hearing on 13 February 1945.3 The law applied in Joyce would have led Pound’s lawyer to seek some postponement of trial until the American courts decided whether to follow the English lead. The other two cases involve the Americans, Douglas Chandler and Robert Best, employees of German radio, who were indicted with Pound in 1943. 3. William Joyce was an American who came to be known as “Lord Haw Haw.” He was hanged at Wandsworth, England, 3 Jan. 1946. He was the best known of the “radio traitors.” He began his programs, “This is Jairmany calling,” and would then prophesy the destruction of English towns and cities. The name “Lord Haw Haw” was created by the English journalist, Jonah Barrington, to ridicule Joyce and to make him appear idiotic. Conrad L. Rushing is a Superior Court Judge in California and an occasional lecturer in law at the University of California, Berkeley. He teaches a course in law and literature at the California Judges College and is a founder of the Sane Jose Poetry Center. (shrink)

Two jarring results concerning the main theses of Georg Henrik von Wright's Explanation and Understanding are reached through an examination and criticism of his project. It is shown, contrary to his settled judgment both in EU and subsequently, that the schema of practical inference is a causal principle, and that it is nomological in character. But one feature of von Wright's overall analysis holds up and continues to show promise: his idea of understanding explanation. This idea combines the EU account (...) of the schema and its instantiation with the notion of an intelligible connection of these instantiating elements with one another. Here the schema is deployed in conjunction with the test of intelligible connection as one of its conditions of application. The schema, so deployed, is revisable on the basis of experiences that do not conform to what we expect them to be when they are regimented in accordance with the model of understanding explanation; thus, even though the schema is not a general law, we have a basis for characterizing it as nomological, nonetheless. (shrink)

This book explores the tradition of the 'science of man' in French medicine of the era 1750-1850, focusing on controversies about the nature of the 'physical-moral' relation and their effects on the role of medicine in French society. Its chief purpose is to recover the history of a holistic tradition in French medicine that has been neglected because it lay outside the mainstream themes of modern medicine, which include experimental, reductionist, and localistic conceptions of health and disease. Professor Williams also (...) challenges existing historiography, which argues that the 'anthropological' approach to medicine was a short-term by-product of the leftist politics of the French Revolution. This work argues instead that the medical science of man long outlived the Revolution, that it spanned traditional ideological divisions, and that it reflected the shared aim of French physicians, whatever their politics, to claim broad cultural authority in French society. (shrink)

We examine the framing mechanisms used to maintain a cross-sector partnership that was created to address a complex long-term social issue. We study the first 8 years of existence of an XSP that aims to create a market for recycled phosphorus, a nutrient that is critical to crop growth but whose natural reserves have dwindled significantly. Drawing on 27 interviews and over 3000 internal documents, we study the evolution of different frames used by diverse actors in an XSP. We demonstrate (...) the role of framing in helping actors to avoid some of the common pitfalls for an XSP, such as debilitating conflict, and in creating sufficient common ground to sustain collaboration. As opposed to a commonly held assumption in the XSP literature, we find that collaboration in a partnership does not have to result in a unanimous agreement around a single or convergent frame regarding a contentious issue. Rather, successful collaboration between diverse partners can also be achieved by maintaining a productive tension between different frames through “optimal” frame plurality—not excessive frame variety that may prevent agreements from emerging, but the retention of a select few frames and the deletion of others toward achieving a narrowing frame bandwidth. One managerial implication is that resources need not be focussed on reaching a unanimous agreement among all partners on a single mega-frame vis-à-vis a contentious issue, but can instead be used to kindle a sense of unity in diversity that allows sufficient common ground to emerge, despite the variety of actors and their positions. (shrink)

We can freely cross disciplinary boundaries, as well as the line between theory and practice, and allow practices to cast their light back on the theory and show us its deficiencies. In short, this approach reorients some much-discussed issues of professional, business, and military ethics and reveals them as variations on one deeply rooted theme. The author does not treat current institutions as final and unalterable. If these arrangements frustrate moral evaluation, she finds that an argument for change. To make (...) intelligent changes, however, we need a clear view of the reasoning that makes them seem natural and inevitable. That is what this book attempts to do. In the process, the author also reexamines the concept of "person." Not all cultures put so much stress on the idea as Western - and particularly American - cultures do. If we wish to keep this emphasis, then here is another argument for change. (shrink)

It has been claimed that several of the rights in the UN’s Universal Declaration of Human Rights - in particular the social and economic rights to the provision of welfare in, for example, education - cannot literally be rights of everybody. We find two main lines of analysis that have been raised to back up this claim. One of these lines is theoretical or normative in nature. Here I take up Onora O’Neill’s concern with the counterpart obligations that attach to (...) the UDHR social and economic rights. She argues that these obligations do not have a universal character and cannot backstop universal moral rights. I suggest ways around her argument. The other main line concerns feasibility. Here I take up the argument that the UDHR social and economic rights apparently cannot, under existing conditions, be fulfilled at even a minimal level for millions upon millions of people. James Nickel, well aware of this problem, argues that these rights nonetheless do not, on grounds of infeasibility, fail of universality. I try to counter his argument. But I add, in conclusion, that these pressing practical problems with the UDHR welfare rights could possibly be removed in time, with concentrated effort. (shrink)

In this article, I argue that mass incarceration belongs to a category of social status interventions by which the modern state either withholds the ordinary protections and benefits of the law from outlawed groups or subjects them to private punishment based on their mere membership in those groups. In the US these groups include immigrants and resident Latinos, the homeless, the poor and poor blacks, sex workers, and ex-convicts. Outlawry is a fundamentally anti-democratic practice that cannot be justified in terms (...) of deterrence and is incompatible with public safety. (shrink)

This article provides a broad survey of issues facing rural communities and suggests that medicalization of poverty concepts and interventions need to be tailored to those populations. Rural poverty may be both broader and deeper than in urban areas. Those challenges seem to produce a constellation of health conditions, as rural residents struggle with unemployment and lack of opportunities. Relatedly, rural communities struggle to maintain financially viable hospitals and specialty providers. The article closes by offering a snapshot of rural-specific strategies (...) to address these issues. (shrink)

This article seeks to investigate art in public urban space via a process of activating aesthetics as a way of enhancing pedagogies of engagement. It does this firstly by addressing the question of aesthetics in Enlightenment and twentieth-century frames; then it seeks to understand how artworks may be approached ontologically and epistemologically. The discussion works with the philosophical lenses of two different thinkers: Heidegger, in ‘Building Dwelling Thinking’ and ‘The Origin of the Work of Art’, and Marxist sociologist, Bourdieu with (...) his work on a theory of practice and habitus. It asks how art may work in the meaning-making processes of place and the human subject in terms of ontological difference and dispositional capital. In bringing these different organising principles of interpretation to specific works of art, the discussion draws from locational research undertaken in Newcastle/gateshead and Melbourne. (shrink)

Volume 33, Issue 8, November 2020, Page 1096-1120.

One of the reasons why empathy is a topic of enduring interest is the role it can play in understanding others. Empathy can help us to predict each other’s future actions and explain past ones; to...

Moral intuitionism is the view that we can know or justifiably believe some moral facts directly, without inferring them from other evidence or proof. While intuitionism is frequently dismissed as implausible, the theory has received renewed interest in the literature.See Robert Audi, The Good in the Right: A Theory of Intuition and Intrinsic Value (Princeton: Princeton University Press, 2004); Jill Graper Hernandez (ed.), The New Intuitionism (London: Continuum, 2011); Michael Huemer, Ethical Intuitionism (New York: Palgrave Macmillan, 2005); Sabine Roeser, Moral (...) Emotions and Intuitions (New York: Palgrave Macmillan, 2011); Russ Shafer-Landau, Moral Realism: A Defence (Oxford: Clarendon Press, 2003); Philip Stratton-Lake (ed.), Ethical Intuitionism: Re-evaluations (Oxford: Clarendon Press, 2002). Several philosophers have defended updated intuitionistic theories and argue that the theory is not as objectionable as previously alleged.Contemporary reformulations of moral intuitionism ar. (shrink)

According to Cornell moral realists, we can know about moral facts in much the same way that we do the empirical facts of the natural sciences. In “Can Cornell Moral Realism Adequately Account for Moral Knowledge?” (2012), I argue that this positive comparison to scientific knowledge hurts, rather than helps, the moral realist position. Joseph Long has recently defended Cornell moral realism against my concerns. In this article, I respond to Long's arguments and clarify important issues in the present debate.

Many commentators suppose that morality, objectively construed, must possess a minimal sort of explanatory relevance if moral realism is to be plausible. To the extent that moral realists are unable to secure explanatory relevance for moral facts, moral realism faces a problem. Call this general objection an “explanatory objection” to moral realism. Despite the prevalence of explanatory objections in the literature, the connection between morality’s explanatory powers and moral realism’s truth is not clear. This paper considers several different reasons for (...) subjecting morality to explanatory scrutiny and concludes that none of them uncover a special or compelling explanatory problem for realism. In light of these difficulties, an alternative account of the connection between moral realism and moral explanation is developed. Not only does this account make sense of explanatory objections to realism, it turns out that realists may have the resources to defend themselves against this explanatory concern, properly understood. (shrink)

Creativity: what might this mean for art and art educators in the creative economies of globalisation? The task of this discussion is to look at the state of creativity and its role in education, in particular art education, and to seek some understanding of the register of creativity, how it is shaped, and how legitimated in the globalised world dominated by input-output, means-end, economically driven thinking, expectations and demands. With the help of Heidegger some crucial questions are raised, such as: (...) How can art maintain its creative ontological and epistemological potential in the creative economies of globalisation? Is it possible for art and the creative arts to act as a process of ‘revealing’ and ‘becoming’ and ‘throwing light’ on the world while working within the market economies of innovation and entrepreneurship where creativity has become a generalised discourse? What matters in this discussion is to find a way to argue for the sustainability of art education as a creative mode of enquiry through which self and the world may be better understood, identity might be realised as difference and being-in-time might be possible. (shrink)

ArgumentMontpellier vitalists upheld a medical perspective akin to modern “holism” in positing the functional unity of creatures imbued with life. While early vitalists focused on the human organism, Jean-Charles-Marguerite-Guillaume Grimaud investigated digestion, growth, and other physiological processes that human beings shared with simpler organisms. Eschewing modern investigative methods, Grimaud promoted a medically-grounded “metaphysics.” His influential doctrine of the “two lives” broke with Montpellier holism, classifying some vital phenomena as “higher” and others as “lower” and attributing the “nobility” of the human (...) species to the predominance of the former. In place of Montpellier teaching that attributed health to the holistic equilibration of vital activities, Grimaud embraced spiritualist dualisms of soul and body, Creator and created. Celebrating the divinely-ordained “wisdom” evident in involuntary physiological processes, he argued that such life functions were incomprehensible to human investigators. While Grimaud's work encouraged inquiry into the division between the central and “vegetative” nervous systems that became paradigmatic in nineteenth-century neuroscience, it also opened Montpellier vitalism to charges of conservatism and obscurantism that are still lodged against it to the present day. (shrink)

This paper makes an argument for greater consideration of negativity in queer engagements with biological or natural systems. Focusing on one particular paper by Karen Barad – “Nature’s Queer Performativity ” – I argue that this work tends to under-read the negativity and confusion that queer entails, and so it renders nature, and the politics we might extract from it, more palatable than perhaps they should be. What interests me is that Barad’s argument about nature’s queer performativity begins and ends (...) with sodomy. While it has been a highly cathected site of analysis for some early and influential work in queer theory, sodomy has been little discussed in feminist and queer science studies where Barad’s work has been so influential. I argue that sodomy spoils any identitarian queer politics that attempt to depathologize or reaffirm the natural world. (shrink)

Michel Foucault showed by his genealogical method that history is random. It comprises sites of disarray and dispersal. In those sites, Simone de Beauvoir wrote philosophy through lived experience of woman as Other in relation to man as the Absolute. Here lies a fecund site for revisionist analysis of female cultural production and its relevance to a philosophy of education. The paper works with a feminist approach to the politics of knowledge, examining textual and political strategies in the recording of (...) history and the ‘othering’ of women through dominant cultural discourses. Infusing this discussion is a feminist politics of interrogation on cultural change for women. The paper investigates contributions of women to fields of art, politics, education and philosophy, and to the ways their contributions have been considered, received, positioned. Different approaches to feminism become apparent in the different conditions of knowledge under discussion. This leads to a final consideration of femi... (shrink)