Composers with disabilities and the critical reception of their music -- Musical narratives of disability overcome : Beethoven -- Musical narratives of disability accommodated : Schubert -- Musical narratives of balance lost and regained : Schoenberg and Webern -- Musical narratives of the fractured body : Schoenberg, Stravinsky, Bartók, and Copland -- Disability within music-theoretical traditions -- Performing music and performing disability -- Prodigious hearing, normal hearing, and disablist hearing.

STRESZCZENIE Opracowanie zmierza do udzielenia odpowiedzi na pytanie, czym – z punktu widzenia struktury procesu wykładni i struktury wchodzących w grę wartości konstytucyjnych – różni się ograniczanie wolności i praw w ramach stosowania „zwykłych środków konstytucyjnych”, od ograniczania wolności i praw dopuszczalnego w stanach nadzwyczajnych. Podjęta zostaje problematyka dotyczącą kwestii materialnych, a poza zakresem rozważanych zagadnień pozostają kwestie dotyczące formalnych warunków dopuszczalności ograniczeń, jak publiczne ogłoszenie zagrożenia czy możliwość wprowadzania ograniczeń w aktach podustawowych. Stawiane tezy są polemiczne wobec poglądów, że (...) zawieszenie wolności lub praw jest skrajnym typem ograniczania i następuje wtedy, gdy wolności czy prawa „już nie ma”, lub że zawieszenie zakłada ograniczenie istoty wolności lub prawa. Okazuje się, że można sensownie mówić o zawieszaniu wolności lub praw także wówczas, gdy są one ograniczane w niewielkim tylko stopniu. Ponadto, możliwe jest zawieszanie, które nie prowadzi do ograniczenia istoty wolności lub prawa. Argumentuje się, że istotą zawieszania wolności lub praw w stanach nadzwyczajnych jest zakwestionowanie podstawowego ich przymiotu, jakim jest – uznawana w prawie międzynarodowym – nienaruszalność „całych” poszczególnych praw człowieka, która jest czymś innym od nienaruszalności ich istoty. Przy okazji prowadzona jest refleksja teoretycznoprawna nad zagadnieniem zawieszania wolności lub praw. Zawieszenie okazuje się czymś istotnie różnym od czasowej utraty mocy obowiązującej przepisów dotyczących wolności czy praw. Ich ciągłe obowiązywanie znajduje wyraz, na przykład, w zasadzie proporcjonalności mającej zastosowanie do zawieszanych wolności lub praw. -/- Extraordinary Measures and Restrictions of Constitutional Freedoms and Rights ABSTRACT The study aims to answer the question on the difference between limitation of freedoms and rights in ordinary situations and their suspension (derogation) when extraordinary measures are introduced. This question is considered from the point of view of the structure of the interpretation process and the structure of the constitutional values. Consideration is given to issues relating to material aspects. However, issues relating to formal conditions for the admissibility of restrictions, such as public announcement of a threat or the possibility of introducing restrictions in sub-statutory acts, are not examined. The theses put forward are critical of the view that suspension of freedoms or rights is an extreme type of limitation and a freedom or a right "is no longer there", and of the view that suspension presupposes violation of the essence of freedom or right. It can be argued that it makes sense to talk about the suspension of freedoms or rights also when they are only slightly restricted. Moreover, it is possible to suspend a freedom or a right without violating their essence. It is argued that suspension of freedoms or rights leads to questioning of their basic characteristic that is their inviolability as recognized in international law. However, this inviolability of freedoms or rights is something different from the inviolability of their essence. In terms of the theory of law, the suspension of freedoms or rights turns out to be something significantly different from the temporary loss of the binding force of the respective provisions. Their continued validity is reflected, for example, in the application of the principle of proportionality to the suspended freedoms or rights. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Extraordinary Rendition:On Politics, Music, and Circular MeaningsRandall Everett AllsupThe purpose of this symposium is to look at music, education, and politics. I will begin with an examination of how musical meanings are politically rendered, and how these understandings are attached to moral consequences. Highly resistant to classification, musical meanings are those things we come to understand about ourselves through music, as opposed to musical knowledge which is demonstrable (...) know-how. While marching bands and flute sonatas can be judged with scores estimated to the 100th decimal point, the meanings that are created between the standards of practice of a given genre and the worldview of the listener or performer are provisional at best. Seen in this light, even seemingly secure or knowable realms like Christian heavy metal or anti-war movies are in fact highly un-objective and unpredictable. (More on Christian rock and movies in a moment). The challenge this paper seeks to uncover is participation on the hither side of fact, where understandings are rendered in a world that is contingent, political, and always in motion. What better example of the unclassifiable than the moving axes of politics and art?So what occurs between art and human or so-called "world" experience? [End Page 144] Let's agree that there is always motion, non-neutral, political movement in this interaction. We need not be students of French post-structuralism to recognize that we are part of many ever-evolving human-made systems, some of control, regulation, reward, punishment, and pleasure, but each with their own gravitation pull.1 I like Susan Sontag's take the best when she wrote that every place, every history has its own "sensibility," its own ineffable way of being in the world.2 Sensibilities—perhaps a clearer way of referring to politics in the context of art and experience—do not exist apart from their environment, yet they are more elusive than an idea or recognizable behavior.3 The sensibility of a time and place makes possible multiple discourses through which we make meaning.4 Some discourses, Foucault would remind us, are intensified by a history's particular sensibility and so appear louder than others. Such a discourse might speak so loudly that it shapes the meanings we make, drowning out options, and thus appearing obvious or commonsensical. The logic of musical assessment and evaluation—scoring marching bands and flute sonatas to the 100th decimal—is one such example.In spite of authoritative voices and reasonable discourses, each history's sensibility has its own escape routes, its own distortions and contradictions. I am fascinated by how we comply with or resist these pulls, as they are matters of agency and identity, matters of equity and social justice. In the present-day context of neo-liberalism and conservative values, especially 21st Century American fundamentalism, we would do well to ask how—not whether—such a fundamentalist sensibility shapes our ways of doing and knowing.5 My attempt is to locate music education in such a project.Shortly after the invasion of Iraq, I wrote a short piece on the fundamentalist imagination and its pull on the arts and education.6 This research took place at the 2003 MENC biennial where Bennett Reimer asks philosophy SRIG participants to consider (among other things) the role of metaphor in music education.7 I viewed the fundamentalist imagination as antithetical to metaphor: to paraphrase, the fundamentalist philosophy of education was "a philosophy for, not with, its initiates. Judgments are passed, not reached; answers are given, not argued... [Most importantly,] it is an educational method that emphasizes and then measures what is literal."8Since then, the voices of American literalism have appeared in increasingly loud volume seeking to discourage interpretation and argument in favor of handed-down teachings and binary logic. Supreme Court Justice Antonin Scalia decries the folly of a "living" constitution, in favor of a strict or literal reading. Retired Cardinal Bernard Law of Boston, in response to a common ground initiative by the late Joseph Bernadin, labels an appeal to "dialogue" a "fundamental flaw."9 Law sniffed, "Dissent from revealed truth or the authoritative [End Page 145] teaching of the church cannot... (shrink)

It is quite extraordinary, philosophically speaking, that according to the orthodox interpretation: (a) quantum mechanics is a complete and comprehensive theory of microphysics, and yet (b) the role of measurement, in quantum mechanics, cannot be analyzed in terms of the collective effects of the microphysical particles making up the apparatus. It follows that, if the orthodox interpretation is correct, the measurement apparatus and its quantum physical effects cannot be accounted for microreductively. This is significant because it is widely believed (...) that the relation between physical wholes and parts is microreductive. Indeed, many philosophers are persuaded of the inevitability of universal microreduction to the basic elements of microphysics. This is the viewpoint embodied in the program for the unity of science, espoused in recent years, most notably by Robert Causey (1977). (shrink)

The effects of the novel coronavirus have raised questions about the extent to which social shutdowns are appropriate. We have a responsibility to protect the lives of others and an obligation to maintain our lives and health when possible, but there are circumstances when it is just to decline certain measures that are considered extraordinary to the situation. Measures taken to protect life must be proportionate. That is, they must offer a reasonable hope of benefit and not (...) impose excessive burdens on individuals, families, or the community. The measures enacted during the COVID-19 pandemic are not proportionate. Restrictions on family and religious activities are disproportionate to the benefit they provide, particularly to the extent that they obstruct the Church in its duty to tend to the health of souls and salvation of its members. (shrink)

In elite sport, the advantages demonstrated by expert performers over novices are sometimes due in part to their superior physical fitness or to their greater technical precision in executing specialist motor skills. However at the very highest levels, all competitors typically share extraordinary physical capacities and have supremely well-honed techniques. Among the extra factors which can differentiate between the best performers, psychological skills are paramount. These range from the capacities to cope under pressure and to bounce back from setbacks, (...) to the knowledge of themselves, opponents, and the domain, which experts access and apply in performance. In the companion chapter on breadth and depth of knowledge in expert sport (see Chapter 11), we discussed the forms or kinds of knowledge deployed by elite athletes, and described some lines of research which seek to tap and study such expert knowledge (McPherson & MacMahon, 2008; McRobert, Ward, Eccles & Williams, 2011). In this chapter we focus more directly on questions about methods for measuring or more accurately assessing expert knowledge, in particular addressing a wider range of methods to help us understand what experts know. Suggesting that sport researchers can productively adopt and adapt existing qualitative methodologies for integration with more standard quantitative methods, we introduce and survey a number of areas of qualitative research in psychology. (shrink)

In the introduction to a recent anthology of contemporary issues in philosophy of psychiatry, editors Jeffrey Poland and Şerife Tekin declare this to be a moment of crisis within the field. They suggest that the state of psychiatry today reflects Thomas Kuhn's conception of a period of extraordinary science, which occurs when anomalies begin to build up, confidence in the dominant paradigm is shook, competing theories arise, and philosophical questions come to the fore. Although perhaps not all would agree (...) that the field is in crisis, there is certainly an abundance of pessimism. Within the realm of research, a mood of explanatory pessimism has been growing, characterized by a... (shrink)

Education in democratic South Africa has been saddled with the extraordinary task of sanitising a once dehumanising and splintered education system into a singular narrative of social justice and creative, problem-solving individuals. This extraordinary effort has witnessed a pendulum swing from the openness of outcomes-based education, to a less flexible National Curriculum Statement, and recently, to what has been criticised as a too restrictive Curriculum Assessment Policy Statement. In its narrow focus on ‘assessment for learning’, CAPS appears to (...) be trapped in a particular understanding of teaching and learning that can be understood only in terms of measurement, thereby discounting education as happening outside that which can be measured. In this article, I contend, firstly, that while education is not averse to measurement, it cannot be allowed to dominate the educative process. Instead, it is possible to reconcile measurement, as expressed through a ‘language of needs’ with a language of ‘coming into presence’, which recognises that learners enter the education arena with their own ideas of what is known and yet to be known. Secondly, I argue, that if a post-apartheid education system hopes to re-humanise its citizens and society, then this will only be possible through cultivating a curriculum, which is understood as a process of socially just encounters—one which is always in becoming, and therefore not necessarily measurable. (shrink)

First, I love Greek language, a language which allow me to perceive what a language is, and what translation could mean. Then, I think it is because of Heidegger. At the time, we used to study classical antiquity and the pre-socratics through Heidegger and Nietzsche’s work. My own philosophical question was : « Is it possible to be Presocratic in some other way than the Heideggerian one? » The answer determinated my interest and passion for the sophists. I found it (...) extraordinary when I realized that Gorgias and his treatise « On Nature or the Non-Existent » presented a new way of thinking about Parmenides. If you are a Heideggerian, Parmenides is the origin of philosophy, the origin of thought. But very quickly, only fifty years after Parmenides, Gorgias came and said: « Look, what Parmenides says about Being, he could say about Non-being, and I myself can say it about Non-being. So, is Being an origin, an “Es gibt”, "There Is", just needing to be unconcealed? Or is it simply a product of Parmenides’ poem : Being is an effect of saying, and I can show it ». And he did show it, quite critically. This was my first insight. (shrink)

Currently in Japan, it is extremely difficult to realize the basic wish of protecting personal dignity at the end of life. A patient’s right to refuse life-sustaining treatment has not been substantially warranted, and advance directives have not been legally enforceable. Unfortunately, it is not until the patient is moribund that all concerned parties start to deliberate on whether or not death with dignity should be pursued. Medical intervention is often perceived as a worthwhile goal to not only preserve life, (...) but also provide psychological benefit to the family, regardless of its effect on the patient. To feel they are doing something, family members tend to act against the imperative “Do not inflict on others what you would not wish done to you,” and permit extraordinary measures they would not want themselves. Another complication in Japanese culture is the necessity of unanimous decisions for end-of-life care. If there is conflict between a patient and his/her family on accepting medical intervention, the view of the latter is more likely to prevail due to different perceptions of human dignity. As a result, incapacitated patients in Japanese clinical settings often suffer through extraneous medical procedures, particularly during end-of-life care. Patient dignity is in danger from a national refusal to accept major bioethical principles such as having respect for patient autonomy, serving the best interests of the patient, doing no harm, and ensuring fairness at the end of life. We argue that more education about human dignity and legislation for death with dignity are necessary. Peace of mind for patients during end-of-life care will never be achieved in this society unless drastic changes take place in medical ethics and law. (shrink)

The interpretation of if -clauses in the scope of ordinary quantifiers has provoked semanticists into extraordinary measures, such as abandoning compositionality or claiming that if has no meaning. We argue that if -clauses have a normal conditional meaning, even in the scope of ordinary quantifiers, and that the trick is to have the right semantics for conditionals.

For more than thirty years an extensive and significant philosophical debate about the notion of privacy has been going on. Therefore it seems puzzling that most current authors on information technology and privacy assume that all individuals intuitively know why privacy is important. This assumption allows privacy to be seen as a liberal “nice to have” value: something that can easily be discarded in the face of other really important matters like national security, the doing of justice and the effective (...) administration of the state and the corporation. In this paper I want to argue that there is something fundamental in the notion of privacy and that due to the profoundness of the notion it merits extraordinary measures of protection and overt support. I will also argue that the notion of transparency (as advocated by Wasserstrom) is a useless concept without privacy and that accountability and transparency can only be meaningful if encapsulated in the context of privacy. From philosophical and legal literature I will discuss and argue the value of privacy as the essential context and foundation of human autonomy in social relationships. In the conclusion of the paper I will discuss implications of this notion of privacy for the information society in general, and for the discipline of information systems in particular. (shrink)

Political thought, from Aristotle to Lefebvre, has placed importance on the control of space as an activity of political power. Extraordinary measures taken by global policy-makers since the early 2020s as part of efforts to to combat the pandemic have included mass lock-downs, closed borders, social distancing and other forms of spatial control. Importantly, spaces dedicated to religious worship (churches, etc.) were subjected to extraordinary regulation. In the exercise of this new control of space, social control has (...) played an important role (obligation to declare one’s health condition, incitement to denounce offenders...) fostered by the authorities through various means of new social education, generating new social habits in terms of the management of space. Religious freedom and the autonomy of the Church thus faced new challenges as a result of the extraordinary control of religious space by civil power and the pressure of social control. The new forms of control incorporated into our habits deserve to be critically reviewed in our search for true spaces of freedom that are not sacrificed in the name of supposed science. (shrink)

How is it possible to acknowledge and confront patriarchal violence within Muslim migrant communities without descending into cultural deficit explanations (they are overly patriarchal and inherently uncivilised) and without inviting extraordinary measures of stigmatisation, surveillance and control so increased after the events of September 11, 2001? In this paper, I explore this question by examining Norway's responses to the issue of forced marriages. I argue that social and political responses to violence against women in Muslim communities have been (...) primarily culturalist. That is, the violence is understood as originating entirely in culture, an approach that obscures the multiple factors that give rise to and sustain the violence. The culturalist approach enables the stigmatising and surveillance of Muslim communities. I approach this argument in two parts. In part one I discuss two important and influential books written by women who identify their concerns as feminist and who lay out the case for considering the problem of forced marriage as a problem of controlling fundamentally unassimilable and culturally inferior Muslims. I explore these works as paradigmatic of the culturalising or culturalist move. In part two, I review a variety of legal initiatives in Norway, first contextualising them as part of a larger European venture to control Muslim populations and then examining what they share conceptually with the approaches in part one. I end with how we might begin to develop an anti-racist response to the problem of violence against women. (shrink)

In the Preussen contra Reich case of 1932, Carl Schmitt’s theories on equal chance and law in extreme conditions are interpreted and applied in a court of law, firstly by Schmitt himself, then, going contrary to Schmitt’s interpretation, by Dr. Arnold Brecht and Dr. Hans Peters. This paper will first present the basis of the two theories from Schmitt’s “Legality and Legitimacy,” namely, equal chance and the need for extraordinary measures. Then this paper will focus on the diverging (...) legal interpretations of these two theories, as presented in court by different legal theorists. These divergent interpretations of “equal chance” and “law in extreme conditions,” as presented in the aforementioned case, have yet to reach an international readership, as the case itself has never been fully translated into English. Finally, this paper will question the practical application of the two theories in the reality of the empirical world, which in turn question the relationship between any parliamentary legislative system and law. (shrink)

Being concerned with conflict and its role both in providing democratic regimes with salutary forms of innovation and in enhancing the capacity of societies for self-government, this dissertation examines Machiavelli's thought on "revolution" in the Discourses. This dissertation develops three arguments: that Machiavelli's notion of conflict includes not only conflict between socioeconomic groups but conflict between political leaders; that Machiavelli's version of the mixed republic reflects not merely the channeling of contending social forces but the institutionalization of change so that (...) the quintessential virtu of a well-ordered republic is its ability to recruit responsible leaders whose individual ambition for public recognition is directed to the common good of the political community; and that although Machiavelli was aware of the power of public imagination in creating a change of regime, his vision of redemption in the Discourses remains far from a populist mode of revolution that can be identified with the emergence of one revolutionary class through indoctrination. ;Each argument appears as a heterogeneous body of thought. But this dissertation argues that there is common ground in terms of temporizing with or delaying a radical change through class upheaval. We may learn from Machiavelli's antityrannical and republican thought on revolution that the wisest policy for treating revolution is not simply avoiding impending dangers by extraordinary measures in a dire emergency but also making use of the spirit of new political actors by election, accusation, and rivalry between political leaders in normal times. And, if Machiavelli's redemptive politics is analyzed in an arena free from the simple antinomies of liberalism versus republicanism, what Machiavelli's thought on revolution in the Discourses may have to offer us is that a broad notion of revolution---one that includes the nature of hostility among human beings, the cycle of regimes, and the creation of a new political order---helps us react better to conflict and deal with its political consequences in multiple forms straightforwardly; and political solutions of social and economic questions, such as the mixed republic and the role of prudent leaders in its actualization, should be emphasized. (shrink)

The events of 9/11 have underlined the relevance of the thought of Georgio Agamben in so far as he attempts to explain the genesis of an authoritarianism that increasingly implements extraordinary measures and enhanced surveillance. This can be understood in terms of the expansion of a biopolitical regime. Biometric analysis: finger printing, iris and retina scans etc., are to be understood in their relation to the individual as bare life, the individual stripped of his/her political legal identity and (...) thus identified without reference to the latter. The camp, according to Agamben, is said to be the ultimate space, a lawless zone, where questions of legality and illegality become irrelevant. However, this paper argues that Agamben fails to underline the importance of the Cartesian legacy that initiated a form of conceptualization in which the ordering of reality replaced qualitative distinctions with mathematical quantification. Biometric analysis, which relies heavily on mathematized quantification of biological features, is integral to the biopolitical regime, as described by Michel Foucault and Agamben. This paper argues that a rejection of this Cartesian inheritance is necessary if we are to overcome insidious forms of control based on surveillance, biometric identification or even managerial oversight through supposedly quantifiable metrics of performance. (shrink)

Hymen reconstruction is a controversial measure performed to help young females under threat of honour-related violence. Official guidelines often reject offering hymen reconstructions. On the other hand, extraordinary measures in order to enable operations of Jehovah’s Witnesses who want a bloodless operation in order to avoid religiously related sanctions are often considered praiseworthy. The aim is thus to examine whether or not there are relevant differences between these two measures.

One of the most significant, incontestable, and relatively ignored aspects of modernity is the new role states play as generators and facilitators of disasters, on the one hand, and as authors — or at least facilitators, sponsors, and coordinators — of survival and relief operations, on the other hand. The relation of the modern state to disaster has played an important role in the emergence of the state as a "totalizing totality" and in the constitution of its image as a (...) historical subject. This Article argues that state’s relation to disaster and its unfolding consequences has developed in two opposite directions that should be distinguished carefully. In line with these two opposite relations to disaster, I suggest a theoretical distinction between two state formations: a providential state and a catastrophic state. This distinction is based on Agamben’s concept of "bare life," which a sovereign may forsake by declaring an exception but which it may also save by taking extraordinary measures of protection or relief. The Article examines two aspects of the difference between the two state formations. From a formal point of view, it distinguishes and discusses two different notions of sovereignty, its authority, foundation, and legitimacy, along with two different understandings of the subjectivity of the state. These two conceptions involve and are intimately related to two distinct sets of theological presuppositions and two different conceptions of the political. From a chronological point of view, the Article sketches two diverging genealogies that go back to distinct, even if related, moments in the history of the modern West. Recognizing the fact that in certain historical moments these two genealogies were intertwined and that in our time this intertwinement has yielded a rapid process of hybridization, the Article claims that this process is not dialectical, and that the difference between the two genealogies should be maintained for theoretical and political reasons alike. (shrink)

This is an essay about the philosophical and practical problems associated with the concept of punishment for corporations that have grievously broken the law. It is specifically an essay about the special incentives that the U.S. Government has put in place to encourage American corporations to create comprehensive ethics programs and observe them faithfully. First, I will look at the sorts of obstacles to effective punishment of recalcitrant corporations that eventually prompted extraordinary measures by the U.S. Government. Then (...) I will present a detailed description of the Federal Sentencing Guidelines which took effect on November 1, 1991, describe what they entail, examine what purposes for which they were intended and question how likely they will be to accomplish their objectives. Finally, we will raise the question whether such policies will help further corporate social responsibility and ethical conduct in the workplace. (shrink)

It is commonly believed that people become selfish and turn to looting, price gouging, and other immoral behaviour in emergencies. This has been the basis for an argument justifying extraordinary measures in emergencies. It states that if emergencies are not curtailed, breakdown of moral norms threaten (‘the moral black hole’). Using the example of natural disasters, we argue that the validity of this argument in non-antagonistic situations, i.e. situations other than war and armed conflict, is highly questionable. Available (...) evidence suggests that people in such emergencies typically do not display panic reactions or exaggerated selfishness, and that phenomena such as looting and price gouging are rare. Furthermore, a version of the moral-black-hole argument based on the mere possibility of a moral black hole occurring runs into problems similar to those of Pascal’s Wager. We conclude that we should be wary against applying the moral-black-hole argument to non-antagonistic cases. (shrink)

on writing prescriptions.[2] These two reasons indicate why there are obvious repercussions for those who do not have reasonable access to physicians’ services. Of course, the word ‘reasonable’ is important here. After all, there is the old joke—for those who enjoy gallows humor—that the U.S. has universal access to healthcare so long as one is willing to commit a crime to see the county jail’s physician, or make one’s self sick enough to qualify for emergency services. Putting aside such (...) class='Hi'>extraordinary measures, at least some deficit in accessing physicians’ services can be made up through consulting written medical knowledge. Many libraries have medical textbooks, and the Internet has many good sites that contain medical knowledge. Of course, all the knowledge in the world is not going to do much good if treatment requires a prescription. The physicians’ monopoly on writing prescriptions means that nothing (legal[3]) can be done in terms of treatment if one does not have access to the services of a qualified physician. This state of affairs is unjust. A just society cannot have it both ways: legislation cannot say both that the expertise of physicians is so precious that only they can prescribe medicine AND not everyone is guaranteed reasonable access to their services. If there is no guarantee of reasonable access then physicians should not have a monopoly on writing prescriptions, and if there is a monopoly on writing prescriptions then people should have reasonable access to their services. (shrink)

Rita Floyd’s The Morality of Security: A Theory of Just Securitization is an important and insightful book that delineates a theory of just securitization (modified from the jus ad bellum and jus in bello criteria in just war theory) involving three sets of principles governing the just initiation of securitization, just conduct of securitization, and just desecuritization. This book is a much- needed addition to the security studies and just war literature. Here, I apply Floyd’s just securitization theory (JST) to (...) the threat posed by white supremacy to African Americans. I argue that white supremacy meets Floyd’s definition of an objective existential threat, potentially justifying the resort to securitization by African Americans. -/- In Section 1, I argue that African Americans constitute a non-state group, before demonstrating in Section 2 that white supremacy poses an objective existential threat to this group, meeting the criterion of just cause in Floyd’s JST. In Section 3, I show that, given the failure of legal challenges and democratic processes to mitigate this threat, African Americans may be justified in resorting to extraordinary measures to combat the threat of white supremacy, including “whatever most reasonable persons would agree constitutes exceptional means and actions ... non-state state groups within states. securitization can take the form of secession, civil disobedience, acts of sabotage and resistance”. Applying Floyd’s JST to the threat of white supremacy demonstrates the value of her approach for thinking about securitization outside the traditional foci of security studies but, as I discuss in my conclusion, also reveals limitations in her theory, particularly in relation to the criterion of reasonable chance of success when applied to non-state groups resisting an unjust state. (shrink)

The study of human behavior is severely hampered by logistical problems, ethical and legal constraints, and funding shortfalls. However, the biggest difficulty of conducting social and behavioral research is the extraordinary complexity of the study phenomena. In this article, we review the impact of complexity on research design, hypothesis testing, measurement, data analyses, reproducibility, and the communication of findings in psychological science. The systematic investigation of the world often requires different approaches because of the variability in complexity. Confirmatory testing, (...) multi-factorial designs, survey methods, large samples, and modeling are frequently needed to study complex social and behavioral topics. Complexity impedes the measurement of general constructs, the reproducibility of results and scientific reporting, and the general rigor of research. Many of the benchmarks established by classic work in physical science are not attainable in studies of more complex phenomena. Consequently, the standards used to evaluate scientific research should be tethered to the complexity of the study topic. (shrink)

Measured against the gloomy pre-COVID-19 predictions, Africa has fared far better than most regions in managing the pandemic. This much, however, has received less attention. This paper answers the question: how have the new rituals of self determination in public health affected the successful management of COVID-19 in Africa, and how can the continent and the rest of the world build on such models/lessons in the post-pandemic era? I employ emancipatory theorising in reviewing literature on approaches to governance of COVID-19. (...) The rationale is to empower the grassroots and to accentuate the urgency for a decolonized local ownership of the governance of all public health crises. I argue that while traditional international cooperation is necessary for additional resource and expertise from the global North for sustainable health, the political will of Southern governments remains fundamental for any extraordinary success due to its grassroots/community orientation towards non-pharmaceutical interventions and initial pre-emptive rituals. The novelty in this paper is that it lays bare the ignored African responses and lessons and reveals how to harness protective communitarian ethos in solving future crises. The paper further provides population health as an ‘immune system’ policy framework for explaining and predicting how a scientific and human-centrered grassroots leadership can yield optimal outcomes in any future crisis. (shrink)

Women face extraordinary difficulty in seeking sterilization as physicians routinely deny them the procedure. Physicians defend such denials by citing the possibility of future regret, a well‐studied phenomenon in women’s sterilization literature. Regret is, however, a problematic emotion upon which to deny reproductive freedom as regret is neither satisfactorily defined and measured, nor is it centered in analogous cases regarding men’s decision to undergo sterilization or the decision of women to undergo fertility treatment. Why then is regret such a (...) concern in the voluntary sterilization of women? I argue that regret is centered in women’s voluntary sterilization due to pronatalism or expectations that womanhood means motherhood. Women seeking voluntary sterilization are regarded as a deviant identity that rejects what is taken to be their essential role of motherhood and they are thus seen as vulnerable to regret. (shrink)

This collection reflects the extraordinary career of the man it honors in its variety of subjects and range of scholarship. Mortimer Adler proposes six amendments to the Constitution. Paul Eidelberg surveys the rise of secularism from Socrates to Machiavelli. Hellmut Fritzsche, a physicist, catalogs some famous scientific mistakes. David Grene (Anastaplo's dissertation advisor) looks at Shakespeare's Measure for Measure as "mythological history." Harry V. Jaffa continues a running debate with Anastaplo on how to read the Constitution, James Lehrberger examines (...) Aquinas's views on natural law, Harry Newman argues "The Case Against Politics." Studs Terkel interviews Anastaplo on his encounter with the Illinois bar, and John Van Doren and others contribute a selection of poems. George Anastaplo turned to an academic career when he was denied admission to the bar in 1950 because, on principle, he affirmed the right of revolution and refused to say whether he was a Communist. In this age of academic specialization, Anastaplo's career has been distinguished by a remarkable versatility of thought. Author of five books, including The Artist as Thinker: From Shakespeare to Joyce (Swallow Press, 1983), Human Being and Citizen: Essays on Virtue, Freedom and the Common Good (Swallow Press, 1986), The Constitution of 1787: A Commentary (1989), and The American Moralist: On Law, Ethics, and Government (Ohio University Press, 1992), Anastaplo has also, for the past three decades, produced a steady stream of essays, articles, and papers on subjects from baseball to the Koran, from Socrates to Freud. Volume 2 of Law and Philosophy includes a complete bibliography of his works. (shrink)

Carnap and Reichenbach made extraordinary contributions to our understanding of the foundations of probability.1 Each of them provided a precise logical and mathematical analysis of probability that satisfied the formal calculus of probability. Reichenbach’s theory of probability analysed probability as the limit of relative frequency, while Carnap’s theory of probability explicated probability as a degree of logical connection. Carnap articulated his account of the foundations of probability by insisting that there were two concepts of probability, his own, probability one, (...) and the other, including Reichenbach’s, probability two. Probability one is a logical conception, and the truth of the probability statements is a consequence of the definition of a measure function. Probability two is a factual conception, and the truth of the probability statements is a consequence of the existence of limits of relative frequencies. Explained in this way, the two accounts are not competitive. In fact, there is no inconsistency between the two accounts. They offer us two different interpretations of the calculus of probability. (shrink)

In late February and early March 2020, Italy became the European epicenter of the COVID-19 pandemic. Despite increasingly stringent containment measures enforced by the government, the health system faced an enormous pressure, and extraordinary efforts were made in order to increase overall hospital beds’ availability and especially ICU capacity. Nevertheless, the hardest-hit hospitals in Northern Italy experienced a shortage of ICU beds and resources that led to hard allocating choices. At the beginning of March 2020, the Italian Society (...) of Anesthesia, Analgesia, Resuscitation, and Intensive Care issued recommendations aimed at supporting physicians in prioritizing patients when the number of critically ill patients overwhelm the capacity of ICUs. One motivating concern for the SIAARTI guidance was that, if no balanced and consistent allocation procedures were applied to prioritize patients, there would be a concrete risk for unfair choices, and that the prevalent “first come, first served” principle would lead to many avoidable deaths. Among the drivers of decision for admission to ICUs, age, comorbidities, and preexisting functional status were included. The recommendations were criticized as ageist and potentially discriminatory against elderly patients. Looking forward to the next steps, the Italian experience can be relevant to other parts of the world that are yet to see a significant surge of COVID-19: the need for transparent triage criteria and commonly shared values give the Italian recommendations even greater legitimacy. (shrink)

According to Mathias Risse and Richard Zeckhauser, racial profiling can be justified in a society, such as the contemporary United States, where the legacy of slavery and segregation is found in lesser but, nonetheless, troubling forms of racial inequality. Racial profiling, Risse and Zeckhauser recognize, is often marked by police abuse and the harassment of racial minorities and by the disproportionate use of race in profiling. These, on their view, are unjustified. But, they contend, this does not mean that all (...) forms of racial profiling are unjustified; nor, they claim, need one be indifferent to the harms of racism in order to justify racial profiling. In fact, one of the aims of their paper is to show that racial profiling, suitably understood, “is consistent with support for far-reaching measures to decrease racial inequities and inequality.” Hence, one of their most striking claims, in an original and provocative paper, is that one can endorse racial profiling without being in any way indifferent to the disadvantaged status of racial minorities. In an initial response to these claims, I argued that Risse and Zeckhauser tend to underestimate the harms of racial profiling. I suggested two main reasons why they did so. The first is that they tend to identify the more serious harms associated with profiling with background racism, and therefore to believe that these are not properly attributable to profiling itself. The second reason is that they ignore the ways in which background racism makes even relatively minor harms harder to bear and to justify than would otherwise be the case. Hence, I concluded, racial profiling cannot be a normal part of police practice in a society still struggling with racism, although under very special conditions and with special regulation and compensation in place, it might be justified as an extraordinary police measure. I want to stand by those claims. However, Risse’s response to my arguments persuades me that I misinterpreted his earlier position in one significant respect. So I will start by explaining what interpretive mistake I believe that I made. I will then argue that despite Risse’s patient and careful response to my arguments, my initial concerns with his justification of profiling remain valid. -/- . (shrink)

The brains of higher mammals are extraordinary integrative devices. Signals from large numbers of functionally specialized groups of neurons distributed over many brain regions are integrated to generate a coherent, multimodal scene. Signals from the environment are integrated with ongoing, patterned neural activity that provides them with a meaningful context. We review recent advances in neurophysiology and neuroimaging that are beginning to reveal the neural mechanisms of integration. In addition, we discuss concepts and measures derived from information theory (...) that lend a theoretical basis to the notion of complexity as integration of information and suggest new experimental tests of these concepts. (shrink)

The situation caused by the 2019 coronavirus disease has been representing a great source of concern and a challenge to the psychological well-being of many individuals around the world. For couples in particular, this extraordinary rise in concern, combined with the stress posed by the virus containment measures, such as prolonged cohabitation and lack of support networks, may have increased the likelihood of couple problems. At the same time, however, COVID-19 concerns may have been a stimulus to activate (...) couples’ stress management processes. A couple’s resource, which may have an important role in dealing with COVID-19 concerns and stress, is dyadic coping, i.e., the process through which partners face stress together. Drawing on a sample of 1,823 Italian individuals involved in a couple relationship, the current study tested a serial mediation model in which concerns about COVID-19 predicted psychological well-being, through both explicit stress communication and perceived partner dyadic coping responses. In addition, the study explored whether this dyadic coping process functioned the same way in satisfied and dissatisfied couples. Results showed that concerns about the situation related to COVID-19 significantly threatened individuals’ psychological well-being. However, these concerns positively predicted explicit stress communication, which in turn positively predicted perceived partner’s dyadic coping responses, which finally positively predicted psychological well-being. In addition, in the group of dissatisfied individuals, the association between explicit stress communication and perceived partners’ dyadic coping responses was not significant. The present study adds to the research on couples’ coping by testing for the first time the whole theoretical model of dyadic coping and does so during a global emergency situation. The study also suggests key components of preventive interventions for individuals in couples. (shrink)

A wide variety of clinical situations can lead to the implementation of assisted nutrition and hydration (ANH). Both enteral ANH and parenteral assisted nutrition and hydration (PNH) serve to nourish and hydrate those who are incapable of normal eating and drinking. Although PNH via the intravenous (IV) route is comparable to enteral ANH in its intention, IV PNH bypasses the relevant body system—the digestive tract—entirely. Consequently, IV PNH is ethically comparable to mechanical ventilation and thus can be withheld or withdrawn (...) following the ethical criteria that apply to any other extraordinary therapeutic measure. However, other alternatives to oral and enteral hydration that are proportionately less challenging than IV PNH (i.e., hypodermoclysis and proctoclysis) should be further evaluated as potentially ordinary means of keeping patients adequately hydrated at the end of life. National Catholic Bioethics Quarterly 11.4 (Winter 2011): 649–659. (shrink)

The separation of science and religion in modern secular culture can easily obscure the fact that in sixteenth- and seventeenth-century Europe ideas about nature were intimately related to ideas about God. Readers of this book will find fresh and exciting accounts of a phenomenon common to both science and religion: deviation from orthodox belief. How is heterodoxy to be measured? How might the scientific heterodoxy of particular thinkers impinge on their religious views? Would heterodoxy in religion create a predisposition towards (...) heterodoxy in science? Might there be a homology between heterodox views in both domains? Such major protagonists as Galileo and Newton are re-examined together with less familiar figures in order to bring out the extraordinary richness of scientific and religious thought in the pre-modern world. (shrink)

The separation of science and religion in modern secular culture can easily obscure the fact that in sixteenth- and seventeenth-century Europe ideas about nature were intimately related to ideas about God. Readers of this book will find fresh and exciting accounts of a phenomenon common to both science and religion: deviation from orthodox belief. How is heterodoxy to be measured? How might the scientific heterodoxy of particular thinkers impinge on their religious views? Would heterodoxy in religion create a predisposition towards (...) heterodoxy in science? Might there be a homology between heterodox views in both domains? Such major protagonists as Galileo and Newton are re-examined together with less familiar figures in order to bring out the extraordinary richness of scientific and religious thought in the pre-modern world. (shrink)

The idea of elegance in science is not necessarily a familiar one, but it is an important one. The use of the term is perhaps most clear-cut in mathematics - the elegant proof - and this is where Ian Glynn begins his exploration. Scientists often share a sense of admiration and excitement on hearing of an elegant solution to a problem, an elegant theory, or an elegant experiment. The idea of elegance may seem strange in a field of endeavour that (...) prides itself in its objectivity, but only if science is regarded as a dull, dry activity of counting and measuring. It is, of course, far more than that, and elegance is a fundamental aspect of the beauty and imagination involved in scientific activity. Ian Glynn, a distinguished scientist, selects historical examples from a range of sciences to draw out the principles of science, including Kepler's Laws, the experiments that demonstrated the nature of heat, and the action of nerves, and of course the several extraordinary episodes that led to Watson and Crick's discovery of the structure of DNA. With a highly readable selection of inspiring episodes highlighting the role of beauty and simplicity in the sciences, the book also relates to important philosophical issues of inference, and Glynn ends by warning us not to rely on beauty and simplicity alone - even the most elegant explanation can be wrong. (shrink)

This longitudinal study investigated the capability of various positive psychological resources to directly or indirectly protect specific well-being outcomes and moderate the effects on well-being of health and economic threats in a lockdown situation during the 2020 health crisis in France. At the beginning of lockdown, participants completed self-assessment questionnaires to document their initial level of well-being and state of nine different well-established psychological resources, measured as traits: optimism, hope, self-efficacy, gratitude toward the world, self-transcendence, wisdom, gratitude of being, peaceful (...) disengagement, and acceptance. Three weeks later, a weekly follow-up was started to record changes in well-being and reported threats for a duration of 5 weeks. Results show that psychological resources efficiently protected well-being in a variety of ways: they buffered the adverse effects of reported threats to health and wealth, increased the well-being averages, and reduced the decline in well-being over time. More specifically, emotional well-being was positively predicted by hope, gratitude of being, and, to a lesser level, by acceptance; psychological well-being by self-efficacy, personal wisdom, and gratitude of being; social well-being only by gratitude toward the world; and inner well-being by optimism, gratitude of being, and acceptance. The study emphasizes the importance of cultivating psychological resources in ordinary times to protect individuals' well-being when difficult and extraordinary circumstances occur. It also offers clues to the kind of resources one may want to develop. (shrink)