Offensive street speech--racist and sexist remarks that can make its targets feel both psychologically and physically threatened--is surprisingly common in our society. Many argue that this speech is so detestable that it should be banned under law. But is this an area covered by the First Amendment right to free speech? Or should it be banned? In this elegantly written book, Laura Beth Nielsen pursues the answers by probing the legal consciousness of ordinary citizens. Using a combination of (...) field observations and in-depth, semistructured interviews, she surveys one hundred men and women, some of whom are routine targets of offensive speech, about how such speech affects their lives. Drawing on these interviews as well as an interdisciplinary body of scholarship, Nielsen argues that racist and sexist speech creates, reproduces, and reinforces existing systems of hierarchy in public places. The law works to normalize and justify offensive public interactions, she concludes, offering, in essence, a "license to harass." Nielsen relates the results of her interviews to statistical surveys that measure the impact of offensive speech on the public. Rather than arguing whether law is the appropriate remedy for offensive speech, she allows that the benefits to democracy, to community, and to society of allowing such speech may very well outweigh the burdens imposed. Nonetheless, these burdens, and the stories of the people who bear them, should not remain invisible and outside the debate. (shrink)

Multi-method research is any research that uses more than one research technique or strategy to study one or several closely related phenomena. This method is described by triangulation. This article examines the multi-method tradition in empirical legal research, defines basic concepts, discusses when and why multi-method research is useful, and how the different actions of research can provide unique approaches to the same questions. It explores examples of projects to demonstrate how research that employs multiple tactics for observing and understanding (...) is more reliable than a single study if the studies are of comparable quality. At the same time, multi-method research comes with great costs and risks that must be considered at the outset of such a project as well as during the project itself. However, it is speculated that multi-method research is perhaps the most effective way to understand the relationship between law and society. (shrink)

The essays in this volume are based on the premise that the most basic functions of rights requires the empirical study of rights consciousness and claiming behavior. The volume is organized around the social movements and political processes which give rise to rights, the processes by which people come to understand they enjoy a right, the decision to invoke the right either formally or informally, and the organizational and institutional constraints and opportunities for exercising rights. The essays are contributed by (...) political scientists, historians, lawyers, and sociologists. (shrink)

Medical advances in transplantation techniques have driven an exponential increase in the demand for transplantable organs. Unfortunately, policy efforts to bolster the organ supply have been less than effective, failing to provide a stopgap for ever-increasing numbers of patients who await organ transplantation. The number of registrations on waiting lists exceeded 65,245 in early 1999, a 325% increase over the 20,000 that existed 11 years earlier in 1988. Regrettably, more than 4,000 patients die each year while awaiting transplantation.

Is time travel just a confusing plot device deployed by science fiction authors and Hollywood filmmakers to amaze and amuse? Or might empirical data prompt a scientific hypothesis of time travel? Structured on a fascinating dialogue involving  ...

Objective:Prior research examining sexual and intimacy concerns among metastatic breast cancer patients and their intimate partners is limited. In this qualitative study, we explored MBC patients’ and partners’ experiences of sexual and intimacy-related changes and concerns, coping efforts, and information needs and intervention preferences, with a focus on identifying how the context of MBC shapes these experiences.Methods:We conducted 3 focus groups with partnered patients with MBC [N = 12; M age = 50.2; 92% White; 8% Black] and 6 interviews with (...) intimate partners [M age = 47.3; 83% White; 17% Black]. Participants were recruited through the Fox Chase Cancer Center Tumor Registry and the Cancer Support Community. Qualitative data were analyzed using the Framework Method and Dedoose software.Results:Qualitative analyses revealed several key themes reflecting ways in which MBC shapes experiences of sex/intimacy: the heavy disease/treatment burden leads to significant, long-term sexual concerns and consequent heightened emotional distress for both patients and partners ; viewing the relationship as having “an expiration date” influences patients’ and partners’ concerns related to sex/intimacy and complicates coping efforts; and information needs extend beyond managing sexual side effects to include emotional aspects of intimacy and the added strain of the life-limiting nature of the disease on the relationship. The heightened severity of sexual concerns faced by patients with MBC, compounded by the terminal nature of the disease, may place patients and partners at risk for significant adverse emotional and interpersonal consequences.Conclusion:Findings suggest unique ways in which sex and intimate relationships change after a diagnosis of metastatic breast cancer from both patients’ and partners’ perspectives. Consideration of the substantial physical and emotional burden of MBC and the broader context of the relationship and intimacy overall is important when developing a sexuality-focused intervention in this population. Addressing sexual concerns is a critical part of cancer care with important implications for patients’ health and quality of life. (shrink)

In “Performance Philosophy — Staging a New Field,” Laura Cull approaches performance as a source of philosophical insight and philosophy as a species of performance. This calls for a radical transformation of philosophy and its practices. What form might this take? Wittgenstein’s later philosophy provides one example. The language games presented in the opening remarks of the Philosophical Investigations are meant to be played out. They involve improvisation based on general scenes, stock characters, and linguistic play. When enacted, they (...) are slapstick. As such, they offer a method of philosophical investigation in which clarity and insight are inherent in the performance itself. Wittgenstein’s language games were directly influenced by the subversive practices of Austrian commedia dell’arte and slapstick. By their very nature, they challenge the pretensions of philosophical explanation and theory. Unlike attempts to compare Wittgenstein’s philosophy to theatre, enacting language games is a form of philosophical performance. Andrew Lugg notes that recent attempts to compare Wittgenstein’s philosophy to theatre problematize the opening remarks of the Investigations. However, enacting language games as a form of philosophical performance makes what is hidden, in all of its simplicity and familiarity, obvious, striking, and engaging. (shrink)

In this article, Laura Quintana elaborates on a conceptual distinction between violence and rage. Along with this distinction, she recognises that while rage may possess a destructive potential, it can also be politicised in emancipatory practices that confront conditions of injustice and structural violence. Her analysis centers on contemporary political movements in Latin America, which she views as collective manifestations of rage. Within these movements, the manifestation of rage is intertwined with forms of care and communal labor. Quintana characterises (...) such movements as embodying a “dignified rage” (digna rabia) that calls for an emancipatory transformation of the status quo. She contends that these practices can be understood in terms of the notion of “anti-violence,” as it has been coined by Étienne Balibar. In this she diverges from Judith Butler, since, according to Quintana’s analysis, such practices challenge the demand for non-violence that has often served to neutralise the disruptive force of such manifestations and movements. (shrink)

Predicativity is a notable example of fruitful interaction between philosophy and mathematical logic. It originated at the beginning of the 20th century from methodological and philosophical reflections on a changing concept of set. A clarification of this notion has prompted the development of fundamental new technical instruments, from Russell's type theory to an important chapter in proof theory, which saw the decisive involvement of Kreisel, Feferman and Schütte. The technical outcomes of predica-tivity have since taken a life of their own, (...) but have also produced a deeper understanding of the notion of predicativity, therefore witnessing the " light logic throws on problems in the foundations of mathematics. " (Feferman 1998, p. vii) Predicativity has been at the center of a considerable part of Feferman's work: over the years he has explored alternative ways of explicating and analyzing this notion and has shown that predicative mathematics extends much further than expected within ordinary mathematics. The aim of this note is to outline the principal features of predicativity, from its original motivations at the start of the past century to its logical analysis in the 1950-60's. The hope is to convey why predicativity is a fascinating subject, which has attracted Feferman's attention over the years. (shrink)

This book focuses on material culture as a subject of philosophical inquiry and promotes the philosophical study of material culture by articulating some of the central and difficult issues raised by this topic and providing innovative solutions to them, most notably an account of improvised action and a non-intentionalist account of function in material culture. Preston argues that material culture essentially involves activities of production and use; she therefore adopts an action-theoretic foundation for a philosophy of material culture. Part 1 (...) illustrates this foundation through a critique, revision, and extension of existing philosophical theories of action. Part 2 investigates a salient feature of material culture itself—its functionality. A basic account of function in material culture is constructed by revising and extending existing theories of biological function to fit the cultural case. Here the adjustments are for the most part necessitated by special features of function in material culture. These two parts of the project are held together by a trio of overarching themes: the relationship between individual and society, the problem of centralized control, and creativity. (shrink)

The aim of this chapter is to discuss the relevance that emotions can play in our epistemic life considering the state of the art of the philosophical debate on emotions. The strategy is the one of focusing on the three main models on emotions as evaluative judgements, bodily feelings, and perceptions, following the fil rouge of emotion intentionality for rising questions about their epistemic functions. From this examination, a major challenge to mainstream epistemology arises, the one that asks to provide (...) prominence to the epistemic agent and to her affects. This chapter discusses these implications, also providing an overview of the many alternatives available nowadays in epistemology, arguing for an open, comprehensive, and interdisciplinary approach to emotions in knowledge. (shrink)

Function theorists routinely speculate that a viable function theory will be equally applicable to biological traits and artifacts. However, artifact function has received only the most cursory scrutiny in its own right. Closer scrutiny reveals that only a pluralist theory comprising two distinct notions of function--proper function and system function--will serve as an adequate general theory. The first section describes these two notions of function. The second section shows why both notions are necessary, by showing that attempts to do away (...) with one of them fail. This demonstration draws on examples from the artifactual realm to motivate major points of the argument. The third section is an outline of artifact function. It confirms the conclusions of the second section, and also begins the task of describing some of the special features of artifact function needing accommodation within the general theory. (shrink)

According to accounts of the Passion, Christ cries out from the cross, “My God, my God, why have you forsaken me?” The cry, I argue, manifests that Christ lacks a belief that God is with him. Given the standard view of faith—belief that p is required for faith that p—it would follow that Christ lost his faith that God is with him just before he died. In this paper, I challenge the standard view by looking at the cognitive requirement of (...) faith. Although faith that p requires some positive cognitive orientation toward p, that orientation need not be belief. I show that reliance is an alternative stance that fulfills the cognitive requirement of faith. Reliance aims at providing sensible guidance for action that is in accord with one’s values/ends. Thinking of the cognitive component of Christ’s faith in terms of reliance makes sense of the doubt manifested in his cry. (shrink)

Drawing on decades of experience, a psychotherapist and Zen practitioner makes the Abhidharma--the original psychological system of Buddhism--accessible to a general audience for the first time. The Abhidharma, one of the three major text collections of the original Buddhist canon, explores the critical juncture of Buddhist thought and the therapeutic aspects of the religion and meditation. It frames the psychological system of Buddhism, explaining the workings of reality and the nature of the human mind. Composed of detailed matrixes and lists (...) that outline the interaction of consciousness and reality, The Abhidharma explores the essence of perception and experience, and the reasons and methods behind mindfulness and meditation. Because of its complexity, the Abhidharma has traditionally been reserved only for academic or monastic study; now, for the first time, clinical psychologist Beth Jacobs makes this dynamic, important text and its teachings available to general readers, using practical explanation, personal stories, and vivid examples to gently untangle the technical aspects of the Abhidharma. Jacobs’ work illuminates this classic of Buddhist thought, highlighting the ways it can broaden and deepen our experience of the human psyche and offering profound insights into spiritual practice. (shrink)

Increased productivity may have negative impacts on farm animal welfare in modern animal production systems. Efficiency gains in production are primarily thought to be due to the intensification of production, and this has been associated with an increased incidence of production diseases, which can negatively impact upon FAW. While there is a considerable body of research into consumer attitudes towards FAW, the extent to which this relates specifically to a reduction in production diseases in intensive systems, and whether the increased (...) incidence of diseases represents a barrier to consumer acceptance of their increased use, requires further investigation. Therefore a systematic review of public attitudes towards FAW was conducted, with a specific focus on production diseases in intensive systems. Four databases were searched to identify relevant studies. A screening process, using a set of pre-determined inclusion criteria, identified 80 studies, with the strength of evidence and uncertainty assessed for each. A thematic analysis led to the identification of 6 overarching themes constructed from 15 subthemes. The results demonstrate that the public are concerned about FAW in modern production systems. Concern varied in relation to age, gender, education and familiarity with farming. Naturalness and humane treatment were central to what was considered good welfare. An evidence gap was highlighted in relation to attitudes towards specific production diseases, with no studies specifically addressing this. However, the prophylactic use of antibiotics was identified as a concern. A number of dissonance strategies were adopted by consumers to enable guilt free meat consumption. (shrink)

While various definitions of moral distress have been proposed, some agreement exists that it results from illegitimate constraints in clinical practice affecting healthcare professionals’ moral agency. If we are to reduce moral distress, instruments measuring it should provide relevant information about such illegitimate constraints. Unfortunately, existing instruments fail to do so. We discuss here several shortcomings of major instruments in use: their inability to determine whether reports of moral distress involve an accurate assessment of the requisite clinical and logistical facts (...) in play, whether the distress in question is aptly characterized as moral, and whether the moral distress reported is an appropriate target of elimination. Such failures seriously limit the ability of empirical work on moral distress to foster appropriate change. (shrink)

This article provides a much‐needed review of the neural bases of implicit statistical learning. Batterink, Paller and Reber focus on the neural processes that underpin performance in experimental paradigms employed in implicit learning and statistical learning research. An important insight is that learning across all paradigms is supported by interactions between the declarative and nondeclarative memory systems of the brain. They conclude with a helpful discussion of future directions of research.

Inherent in providing healthcare for youth lie tensions among best interests, decision-making capacity, rights, and legal authority. Transgender youth experience barriers to needed gender-affirming care, often rooted in ethical and legal issues, such as healthcare provider concerns regarding youth capacity and rights to consent to hormone therapy. Even when decision-making capacity is present, youth may lack the legal authority to give consent. The aims of this paper are therefore to provide an empirical analysis of minor trans youth capacity to consent (...) to hormone therapy and to address the normative question of whether there is ethical justification for granting trans youth the authority to consent to this care. Through qualitative content analysis of interviews with trans youth, parents, and healthcare providers, we found that trans youth demonstrated the understandings and abilities characteristic of the capacity to consent to hormone therapy and that they did consent to hormone therapy with positive outcomes. Employing deontological and consequentialist reasoning and drawing on a foundation of empirical evidence, human rights, and best interests we conclude that granting trans youth with decisional capacity both the right and the legal authority to consent to hormone therapy via the informed consent model of care is ethically justified. (shrink)

Los autores que dialogan en el número 27 de Ístmica con sus respectivos cuentos; el guatemalteco Francisco Alejandro Méndez y el costarricense Iván Molina Jiménez, han encontrado maneras subrepticias y transtemporales de erizarnos la piel a través de la narrativa que nos ofrecen en esta edición. Méndez (1964), es periodista, crítico literario, catedrático universitario y reconocido escritor del istmo, quien obtuvo el Premio Nacional de Literatura de Guatemala en el 2017. Ha publicado los siguientes libros de novela y cuento: Graga (...) y otros cuentos (Editorial Serviprensa Centroamericana, Guatemala, 1991), Manual para desaparecer (Arco Iris, El Salvador, 1997), Sobrevivir para contarlo (Praxis, México, 1999), Crónicas suburbanas (Editorial X, Guatemala, 2001), Ruleta rusa (Fondo de cultura económico, México-Guatemala, 2001), Completamente Inmaculada (Perro azul, San José de Costa Rica, 2002), Reinventario de ficciones. Catálogo marginal de bestias, crímenes y peatones (La Tatuana, Guatemala, 2006), Les ombres du jaguar et autres nouvelles (Éditions Equilibrio, París, 2009), Juego de muñecas. Un caso más para Wenceslao Pérez Chanán, (Editorial FLACSO, Guatemala, 2012) y Triple Play, (Germinal, Costa Rica, 2013).Como investigador, también ha publicado los siguientes ensayos de crítica literaria: América Central en el ojo de sus críticos (Universidad Rafael Landívar, Guatemala, 2005), Hacia un nuevo canon de la vanguardia en América Central (Ed. Cultura, Guatemala, 2006) y Diccionario de Autores yCríticos de Guatemala (La Tatuana, Guatemala, 2010).Por su parte, Molina (1961), es historiador y escritor de ciencia ficción costarricense, autor, coautor o editor de numerosos estudios sobre historia de CostaRica, en particular, y de Centroamérica, en general. Es catedrático de la Escuela de Historia e investigador del Centro de Investigación en Identidad y CulturaLatinoamericanas (CIICLA) de la Universidad de Costa Rica. Ha obtenido el Premio Nacional de Historia (1991), el Premio de la Academia de Geografía eHistoria (1991), el Premio Áncora del periódico La Nación (1992), el Premio al Investigador en Ciencias Sociales (2015) y el Premio Luis Ferrero de Investigación Cultural (2016). Entre sus investigaciones más recientes figuran: La educación en Costa Rica de la época colonial al presente (EUNA, Costa Rica, 2016) y Príncipes de las remotidades. Carlos Luis Fallas y los escritores proletarios costarricenses (EUNED, Costa Rica, 2016). En el género de la ciencia ficción hapublicado varios libros de cuentos cortos y algunos de sus relatos han sido incluidos en recopilaciones y revistas publicadas en México, Colombia, Perú, España, Argentina, Estados Unidos y Cuba. Su más reciente libro de ciencia ficción es Las fugitivas de Abidos (La Jirafa y Yo, Costa Rica, 2017).En los cuentos de ambos autores que presentamos en esta edición, confluyen la creación de una atmósfera de suspenso, que puede originar desde aparentes alucinaciones hasta revivir temores atávicos. En este encuentro convergen monstruos reales y ficticios -aunque nos cueste diferenciarlos-, así como las neurosis del siglo XXI y las leyendas del siglo XIX, que aliviadas unas por el psicoanálisis y alimentadas otras, por los primeros experimentos de “ingeniería genética”, consiguen sembrarnos una interrogante sobre la (in)distinción de lo real en nuestro entorno. (shrink)

This book is derived from the author's Concise guide to ethics in mental health care, published in 2004. It has been revised, updated, and rewritten with new chapters, topics and data.

Extending her earlier work on a theory of human rights in her 1993 Operative Rights, Singer (emerita, American philosophy presumably, City U. of New York) critiques philosophies from Rousseau to Kymlicka in clarifying her views--influenced by Dewey and Mead (George Herbert, not Margaret)--and applying them to such issues as multiculturalism, minority rights, and conflict resolution. The analysis pivots on her concept of "a normative community" rather than natural rights. Annotation copyrighted by Book News, Inc., Portland, OR.

In recent years, it has become clear that food security is intimately related to complex environmental, social, political, and economic issues. Even though several studies document the impact of climate on food production and agriculture, a growing segment of research examines how climate change impacts food systems and associated livelihoods. Furthermore, while women play a crucial role in providing food security for their families, little research exists that examines the nexus among gender relations, climate change, and household food security. This (...) study investigates these relationships by asking: how is the production and reproduction of knowledge about food security and climate change shaped by gender and lived experience, and how does this knowledge influence attitudes and strategies for maintaining food security in a changing climate? Drawing on the results of research in two communities in central Mexico, I argue that women’s perceptions of and strategies for maintaining food security are derived from their socio-political, environmental, and economic contexts. This study contributes to both the growing literature on the gender dynamics of climate change, as well as debates about the role of bioengineered seeds in helping farmers to adapt to a changing climate. (shrink)