From Character to Color was written to explore Critical Race Theory from logical, moral, and educational standpoints, as these relate to history, people and racial groups.

Teachers and teenage students are becoming involved in inappropriate sexual relationships, often leading to devastation and arrest. Teacher-Student Relationships: Crossing into the Emotional, Physical, and Sexual Realms addresses the reasons these relationships develop, considers the roles of modern technology in the development, and offers solutions from within the profession.

A far-reaching and influential view in evolutionary biology claims that species are cohesive units held together by gene flow. Biologists have recognized empirical problems facing this view; after sharpening the expression of the view, we present novel conceptual problems for it. At the heart of these problems is a distinction between two importantly different concepts of cohesion, what we call integrative and response cohesion. Acknowledging the distinction problematizes both the explanandum of species cohesion and the explanans of gene flow that (...) are central to the view we discuss. We conclude by tracing four broader implications for the study and conceptualization of species. (shrink)

This chapter contains sections titled: The Project of Formalism The Nature of Justification The Structures of Justification The Ground of Justification The Immanent Intelligibility of Law Conclusion References.

For corrective justice, liability is the consequence of the parties' being correlatively situated as the doer and sufferer of an injustice, and the remedy is seen as undoing that injustice to the extent possible. Combining consideration of legal doctrine and private law theory, this article applies the framework of corrective justice to gain-based damages for torts. Within this framework, restitutionary damages ought to be available only insofar as they correspond to a constituent element in the injustice that the defendant has (...) done to the plaintiff. The radical proposal that allows restitutionary damages for any wrongful gain is unsatisfactory because it fails to link the damages that the plaintiff receives to the normative quality of the defendant's wrong. In contrast, dealings in another's property give rise to such damages because the idea of property includes within the owner's entitlement the potential gainsfrom the property's use or alienation. Restitutionary damages should not be seen as serving a deterrent or punitive function; such a function cannot account for why the plaintiff, of all people, is entitled to the defendant's gain. Properly understood, even situations where the plaintiff's wilfulness or calculation increases the damage award fit within the framework of corrective justice. The corrective justice approach thus repudiates the notion that restitutionary damages are occasions for the promotion of social purposes extrinsic to the juridical relationship between the parties. (shrink)

This paper explores how the widely acknowledged conception of tort law as corrective justice is to be applied to the law of negligence. Corrective justice is an ordering of transactions between two parties which restores them to an antecedent equality. It is thus incompatible with the comprehensive aggregation of utilitarianism, and it stands in easy harmony with Kantian moral notions. This conception of negligence law excludes both maximizing theories, such as Holmes' and Posner's, and Fried's risk pool, which combines Kantianism (...) with distributive rather than corrective justice.Central to the Kantian approach is the impermissibility of self-preference. The two types of self-preference, self-preference in conception and self-preference in action can respectively account for the objective standard and the Learned Hand test, which are the two most characteristic features of negligence and which are generally (and wrongly) considered to be inescapably aggregative. This corrective justice conception of the negligence standard can then be compared to Epstein's corrective justice conception of strict liability, and arguments can be offered in favour of the superiority of the former. (shrink)

Ownership combines the owner's right to exclude others from the owned object and the owner's liberty to use that object. This article addresses the relationship between using and excluding, by presenting Grotius's and Kant's classic accounts of ownership. Grotius's approach treats use and exclusivity as separate notions, with the latter evolving out of the former. For Kant, in contrast, use and exclusivity are integrated aspects of ownership as a right within a regime of equal reciprocal freedom. This article offers a (...) Kantian critique of Grotius's account of the original right to use, and then presents Kant's notion of usability as the basis for his integration of use and exclusivity. (shrink)

Despite its importance, the linkage between genetic and cultural evolution has until now been little explored. An understanding of this linkage is needed to extend evolutionary theory so that it can deal for the first time with the phenomena of mind and human social history. We characterize the process of gene-culture coevolution, in which culture is shaped by biological imperatives while biological traits are simultaneously altered by genetic evolution in response to cultural history. A case is made from both theory (...) and evidence that genetic and cultural evolution are inseverable, and that the human mind has tended to evolve so as to bias individuals toward certain patterns of cognition and choice rather than others. With the aid of mathematical models we trace the coevolutionary circuit: The genes prescribe structure in developmental pathways that lay down endocrine and neural systems, imposing regularities in the development of cognition and behavior; these regularities translate upward into holistic patterns of culture, which can be predicted in the form of probability density distributions ; natural selection acts within human history to favor certain epigenetic rules over others; and the selection alters the frequencies of the underlying genes. The effects of genetic and cultural changes reverberate throughout the circuit and are consequently tested with the passage of each life cycle. In addition to modeling gene-culture coevolution, we apply methods from island biogeography and information theory to examine the cultural capacity of the genes, the factors determining the magnitude of cultural diversity, and the possible reasons for the uniqueness of the human achievement. (shrink)

. In Aristotle's account, corrective and distributive justice are not particular substantive ideals, but are rather the formal patterns that inhere in interactions and in the legal arrangements that regulate them. Corrective and distributive justice are the structures of ordering internal to transactions and distributions, respectively. The Aristotelian. forms of justice thus constitute the rationality immanent to the relation ships of mutually external beings. This article stresses Aristotle's formalism, contrasting it to modem instrumental conceptions of legal rationality, and defending it (...) against Kelsen's allegations of emptiness. The article concludes with the suggestion that corrective justice, as the conceptual pattern that makes private law what it is, can be considered the formal and final cause of private law. (shrink)

Over the last few decades, corrective justice has established itself as central to serious academic discussion of the normative dimension of tort liability. This article describes the consensus about corrective justice that is presently emerging, as is evident from work of the author and from recent work of other tort theorists. The framework for discussing this emerging consensus is what the article calls "the juridical conception of corrective justice." The juridical conception seeks to explicate the most general ideas implicit in (...) liability as a normative practice in which the plaintiff makes a claim against the defendant. Under the juridical conception, corrective justice is the synthesis of two complementary abstractions: correlativity and personality. Correlativity articulates at the most general level the relationship between the interacting parties as doer and sufferer of the same injustice. Personality, i.e., the idea of purposiveness regardless of one's particular purposes, similarly articulates at the most general level the conception of the interacting parties that is presupposed in a regime of rights and their correlative duties. The leitmotif of the emerging consensus is the idea of correlativity, which is now effectively accepted by all of the theorists mentioned, even by those who initially rejected it. Personality, on the other hand, has gained less support, because of the apprehension that it implies that rational agency, as elaborated by Kant or Hegel, is a philosophical truth from which tort theory can be derived. This reason for dismissing personality is insufficient. Corrective justice comes into view not by being derived from a notion of rational agency but by reflection on the most general ideas implicit in liability as a normative practice. Personality is merely the abstraction that represents the parties as the bearers of rights and their correlative duties. Like correlativity, it owes its status within corrective justice to its being implicit in the law's doctrines and institutions. Consequently, whether the Kantian or Hegelian notion of rational agency is plausible is a philosophical question that lies beyond tort theory and that does not affect the place of personality within a corrective justice approach to liability. Moreover, if correlativity and personality are indeed complementary, acceptance of the former should lead to acceptance of the latter. Such acceptance would provide the theorists who now reject it with a concept that would be serviceable for their own formulations. In any case, the consensus about the highly structured notion of correlativity indicates that the main lines of the corrective justice approach to tort law are now firmly established. Although refinements inevitably remain to be made, radical revisions are unlikely to result from further reworking the standard material of corrective justice tort theory. Scholarly attention should instead turn to the examination of the place of corrective justice within the legal order as a whole and to the expansion of the corrective justice analysis from tort law to other bases of liability. (shrink)

Plato's Crito is not a treatise on obedience to the law, but a dialogue whose interpretation is not determined by its surface meaning. The initial dream is not mere ornamentation; rather it points to the range of possibilities in Socrates' situation. The speeches of the Laws, with which the dialogue closes, are not intended to be philosophically cogent, since they are inconsistent with the principles laid out in the preceding conversation between Socrates and Crito. The arguments of the Laws are (...) rather directed towards Crito, Socrates' decent and unphilosophic friend. (shrink)

This chapter contains sections titled: Transfer of Value The Transfer Elements of Liability Unjustness Correctively Unjust Enrichment References.

The philosolphy of strict finitism is a research programme containing developmental theory and mathematics as its main branches. The first branch is concerned with the ontogenetic and historicaldevelopment of various concepts of infinity. The frame work is Jean Piaget’s genetic epistemology. Based upon these develop mental studies, the mathematical branch introduces a new concept of infinity into mathematics. Cantor propagated the actual infinite, Brouwer and the constructivists the potential infinite. Still more radical is strict finitism, favoring the natural infinite, i.e. (...) the phenomena of the unsurveyable, unfeasible, unreachable. There exist by this time strict finitistic reconstructions for arithmetic, geometry, calculus, and even for infinitistic set theory. (shrink)

Originally published in 1973 the editors of this book collected together those studies which had been considered at the time to yield the best evidence in support of Freudian theory, and found on close examination that they failed to provide any such proof. Each paper is printed in full and is followed by a critical discussion which raises questions of statistical treatment, sufficiency of controls and alternative interpretations. The particular usefulness of this format is that it allows readers to form (...) their own opinions while providing helpful suggestions and guidelines on how to approach experimental studies with a critical mind. (shrink)

Enhancer detectors are DNA constructs which, when introduced into a eukaryotic genome, respond to nearby genomic transcriptional regulatory elements by means of a reporter gene, revealing the expression pattern of genes in their vicinity. Recent experiments in Drosophila suggest that enhancer detection is a powerful method to identify genes that are expressed in the nervous system. Since enhancer detectors allow a rapid molecular and genetic characterization of genes in their vicinity, the method will greatly facilitate the study of neural development (...) and behavior. (shrink)

Despite its importance, the linkage between genetic and cultural evolution has until now been little explored. An understanding of this linkage is needed to extend evolutionary theory so that it can deal for the first time with the phenomena of mind and human social history. We characterize the process of gene-culture coevolution, in which culture is shaped by biological imperatives while biological traits are simultaneously altered by genetic evolution in response to cultural history. A case is made from both theory (...) and evidence that genetic and cultural evolution are inseverable, and that the human mind has tended to evolve so as to bias individuals toward certain patterns of cognition and choice rather than others. With the aid of mathematical models we trace the coevolutionary circuit: The genes prescribe structure in developmental pathways that lay down endocrine and neural systems, imposing regularities in the development of cognition and behavior; these regularities translate upward into holistic patterns of culture, which can be predicted in the form of probability density distributions ; natural selection acts within human history to favor certain epigenetic rules over others; and the selection alters the frequencies of the underlying genes. The effects of genetic and cultural changes reverberate throughout the circuit and are consequently tested with the passage of each life cycle. In addition to modeling gene-culture coevolution, we apply methods from island biogeography and information theory to examine the cultural capacity of the genes, the factors determining the magnitude of cultural diversity, and the possible reasons for the uniqueness of the human achievement. (shrink)

This Essay examines the elegantly simple idea that consent to medical treatment or participation in human research must be “informed” to be valid. It does so by using as a case study the controversial clinical research trial known as the Surfactant, Positive Pressure, and Oxygenation Randomized Trial. The Essay begins by charting, through case law and the adoption of the common rule, the evolution of duties to secure fully informed consent in both research and treatment. The Essay then utilizes the (...) SUPPORT study, which sought to pinpoint the level of saturated oxygen that should be provided to extremely low birth weight infants to demonstrate modern complexities and shortcomings of the duty to secure informed consent. This Essay shows how the duty is measured by foreseeability of risks and benefits in human research and why federal regulators believed the tradeoffs in risk and benefits from differing oxygen levels administered in the support study were foreseeable. It then explores the contours of the duty to secure informed consent when applied to researchers who also serve as treating physicians, highlighting how common law duties differ in jurisdictions that apply the professional standard and those that apply the patient-centered material risk standard. This Essay provides new insight into what the law must do to make real the notion that [e]very human being of adult years and sound mind has a right to determine what shall be done with his body.”. (shrink)

The subjective effects and therapeutic potential of the shamanic practice of journeying is well known. However, previous research has neglected to provide a comprehensive assessment of the subjective effects of shamanic-like journeying techniques on non-shamans. Shamanic-like techniques are those that demonstrate some similarity to shamanic practices and yet deviate from what may genuinely be considered shamanism. Furthermore, the personality traits that influence individual susceptibility to shamanic-like techniques are unclear. The aim of the present study was, thus, to investigate experimentally the (...) effect of shamanic-like techniques and a personality trait referred to as "ego boundaries" on subjective experience including mood disturbance. Forty-three non-shamans were administered a composite questionnaire consisting of demographic items and a measure of ego boundaries (i.e., the Short Boundary Questionnaire; BQ-Sh). Participants were randomly assigned to one of three conditions: listening to monotonous drumming for 15 minutes coupled with one of two sets of journeying instructions; or sitting quietly with eyes closed for 15 minutes. Participants' subjective experience and mood disturbance were retrospectively assessed using the Phenomenology of Consciousness Inventory (PCI) and the Profile of Mood States-Short Form, respectively. The results indicated that there was a statistically significant difference between conditions with regard to the PCI major dimensions of visual imagery, attention and rationality, and minor dimensions of imagery amount and absorption. However, the shamanic-like conditions were not associated with a major reorganization of the pattern of subjective experience compared to the sitting quietly condition, suggesting that what is typically referred to as an altered state of consciousness effect was not evident. One shamanic-like condition and the BQ-Sh subscales need for order, childlikeness, and sensitivity were statistically significant predictors of total mood disturbance. Implications of the findings for the anthropology of consciousness are also considered. (shrink)

In response to its current crisis, scholars call for the revitalisation of democracy through democratic innovations. While they make ample use of life metaphors describing democracy as a living organism, no comprehensive understanding of ‘life’ has been established within democratic theory. The Black Lives Matter (BLM) movement articulates the urgency of refocusing on life and its meaning through radical democratic practice. This article employs a grounded theory approach, enriched with participatory methods, to develop a radical democratic concept of life in (...) conversation with BLM. It conceptualises life as the existence of a perspective that constantly transforms through its fundamental interconnectedness. Building on this concept, the article outlines four principles of a living democracy that go beyond the revitalisation discourse. A living democracy (1) safeguards the existence of all humans and nonhumans, (2) nurtures a diversity of perspectives, (3) fosters social and planetary connectivity, and (4) enables self- and collective transformation. (shrink)

Discovering Eve: Ancient Israelite Women in Context. By Carol Meyers.Wives, Harlots and Concubines. By Alice L. Laffey.Jonah. A Psycho‐Religious Approach to the Prophet. By Andre LaCocque and Pierre‐Emmanuel Lacocque.The Temptation and the Passion: The Markan Soteriology, Second Edition. By Ernest Best.Theios Aner and the Markan Miracle Traditions: A Critique of the ‘Theios Aner’Concept as an Interpretative Background of the Miracle Traditions used by Mark. By Barry Blackburn.The Shepherd Discourse of John 10 and its Context: Studies by Members of the (...) Johannine Writings Seminar. Edited with introduction by Johannes Beutler, S.J., and Robert T. Fortna.The Epistle to the Hebrews: A Commentary on the Epistle to the Hebrews. By Harold W. Attridge, edited by Helmut Koester.Structure and Message of the Epistle to the Hebrews. By Albert Vanhoye, translated by James Swetnam.Religious Pluralism and Unbelief: Studies Critical and Comparative. Edited by Ian Hamnett.7he Uniqueness of Christ in the 7heocentric Model of the Christian Theology of World Religions: An Elaboration and Evaluation of the Position ofJohn Hick. By Gregory H. Carruthers.The Jewish Roots of Christian Liturgy. Edited by Eugene J. Fisher.Women, Religion and Sexuuliry: Studies on the Impact of Religious Teachings on Women. Edited by Jeanne Becher.In Whose Image? God and Gender. By Jann Aldredge Clanton.Women Towards Priesthood: Ministerial Politics and Feminist Praxis. By Jacqueline Field‐Bibb.Afrer Eve: Women, Theology and the Christian Tradition. Edited by J. Martin Soskice.Karl Barth: Biblical and Evangelical Theologian. By Thomas F. Torrance.Theology und Dialogue: Essay in Conversation with George Lindbeck. Edited by Bruce D. Marshall.From Theology to Social Theory: Juan Luis Segundo and the Theology of Liberation. By Marsha Aileen Hewitt.Liberation Theology at the Crossroads: Democracy or Revolution. By Paul E. Sigmund.Global Responsibility: In Search of a New World Ethic. By Hans Kung.Marxism, Moralig and Social Justice. By R. G. Peffer.The Political Philosophy of the British Idealists. By Peter P. Nicholson.The Political Philosophy of Michael Oakeshott. By Paul Franco.Divine Action. By Keith Ward.Free Willand the Christian Faith. By W. S. Anglin.Tracrurian Semantics: Finding Sense in Wirrgetisrein's ‘Tractatus’. By Peter Carruthers.The Metaphyics of the ‘Tracratus’. By Peter Carruthers.Realism with a Human Face. By Hilary Putnam.Explanation and its Limits. Edited by Dudley Knowles.Mencius and Aquinas: Theories of Virtue and Conceptions of Courage. By Lee H. Yearly.Hobbes. By Richard Tuck.Freedom and the End of Reason: On the Moral Foundation of Kant's Critical Philosophy. By Richard L. Velkley.Reason in Religion: The Foundarions of Hegel's Philosophy of Religion. By Walter Jaeschke.International Kierkegaard Commentary, VoL 13: The Corsair Affair. Edited by Robert L. Perkins.Ssren Kierkegaard: ‘Eighteen Upbuilding Discourses’. Edited by Howard V. Hong and Edna H. Hong.Lonergan Workshop, Volume 6. Edited by Fred Lawrence.Holy City, Holy Places: Christian Attitudes to Jerusalem and the Holy Land in the Fourth Century. By P. W. L. Walker.Politics, Poetics and Hermeneutics in Milton s Prose. Edited by David Loewenstein and James Grantham Turner.Beauty and Holiness: The Dialogue between Aesthetics and Religion. By James Alfred Martin.Science Deified & Science Defied: The Historical Significance of Science in Western Culture. Volume 2: From the Earl? Modern Age through the Romantic Era ca. 1640 to ca. 1820. By Richard Olson.The Vatican and Zionism: Conflict in the Holy Land, 1895‐1925. By Sergio I. Minerbi.The Social Dimensions of Sectarianism: Sects and New Religious Movements Contemporary Society. By Bryan Wilson.Confessor between East and West: A Portrait of Ukrainian Cardinal Josyf Slipyj. By Jaroslav Pelikan. (shrink)

The view that it is better for life to be created free of disability is pervasive in both common sense and philosophy. We cast doubt on this view by focusing on an influential line of thinking that manifests it. That thinking begins with a widely-discussed principle, Procreative Beneficence, and draws conclusions about parental choice and disability. After reconstructing two versions of this argument, we critique the first by exploring the relationship between different understandings of well-being and disability, and the second (...) by more briefly focusing on the idea of a significant reason. By placing these results against the broader historical and ongoing contexts in which the lives of those with disabilities have been deemed of inferior quality, we conclude with a call for greater humility about disability and well-being in thought and practice. (shrink)