In this essay, I explore the question of who should determine what an ambiguous tax statute means, the courts or the Department of Treasury. The answer to that question is based on two administrative law doctrines: Chevron and Brand X. Here, I explain why Chevron and Brand X violate the Administrative Procedure Act and are unworkable. Then, using a provision in the tax code, I propose that we return to a standard that is both consistent with the APA (...) and easier to implement: Skidmore. (shrink)

What features does a norm have to have such that we really ought to follow it? This paper argues that norms are authoritative when they are justified in a particular sense. However, this brand of justification is not any of those with which we are currently familiar. The authority of norms is not a matter of moral, epistemic or prudential justification. It depends instead on what I call "justification simpliciter." The concept of justification simpliciter is defined and defended in (...) this paper. (shrink)

Since Prozac emerged on the market at the end of 1987, there has been a dramatic increase in antidepressant use and in its discussion by popular media. Yet there has been little analysis of the gendered character of this phenomenon despite feminist traditions scrutinizing the medical control of women’s bodies. The authors begin to fill this gap through a detailed content analysis of the 83 major articles on Prozac and its “chemical cousins” appearing in large-circulation periodicals in Prozac’s first 12 (...) years. They find that popular talk about Prozac and its competing brands is largely degendered, presented as manifestly gender neutral, yet replete with latent gendered messages. These are about women with neurochemical imbalances but also about the need to discipline elite female bodies, to enhance their productivity and flexibility. This new form of female “fitness” mirrors demands of the New Economy and indicates how psychiatric discourse contributes to the historically specific shaping of gendered bodies. (shrink)

This chapter presents an overview of feminism and aesthetics in the 2007 Blackwell Guide to Feminist Philosophy edited by Linda Martin Alcoff and Eva Feder Kittay. Sections cover the topics of distinguishing aesthetics and philosophy of art, bringing feminist theory into aesthetics, developing feminist challenges to aesthetics, the role of women artists in feminist aesthetics, feminist philosophers reflect on self-portraiture and women as objects of beauty, and future developments.

An ethic for wrongdoers -- Repaying moral debts : self-punishment and restitution -- Changing one's heart, changing the past : repentance and moral transformation -- Reforming relationships : the reconciliation theory of atonement -- Forgiveness, self-forgiveness, and redemption -- Making amends for crime : an evaluation of restorative justice -- Collective atonement : making amends to the Magdalen penitents.

In this book, as feminist, Marxist, postcolonial, and queer scholars, we argue that social reproduction is foundational to comprehending urbanization and urban transformations by contributing to the feminist project of writing social reproduction and everyday life into urban theory." Social reproduction is, of course, not just an analytical framing but also an organising call for feminist scholars and our contention is that if we want an urban theory for our time, it needs to be feminist. Feminism is not simply a (...) 'discipline,' 'theory', or 'ideology', but a worldview, a lived praxis that provides a platform for engaged analysis. The book's origins lie in our belief in the necessity of feminist urban knowledge production, a belief further endorsed by our prior critical engagement with the analytical framework of planetary urbanization and our collective ruminations during and post this engagement on the nature of urban theory (Reddy 2018; Ruddick et al. 2018). Not least the considerable response to the theme issue of Society and Space (Peake et al. 2018) showed us that there was an audience desirous of troubling the hegemony of urban theory. Moreover, our approach of working as a team across hierarchies of junior and senior scholars, generations, genders, sexualities, institutions, and disciplines-a praxis we refer to as "the intergenerational social reproductive labor of knowledge production" (Peake et al. 2018, p. 377)-had been fruitful and positive and we wanted it to continue. It was as much a pedagogical experience of reading and writing together, and sharing meals, as it was an exploration of our places within the academy and an intellectual foray into urban theory. And while Roza Tchoukaleyska left for Newfoundland, Elsa Koleth, a new post-doctoral fellow at the City Institute at York University, joined us. (shrink)

Abstract In this paper I argue that to understand the ethics of belief we need to put it in a context of what we care about. Epistemic values always arise from something we care about and they arise only from something we care about. It is caring that gives rise to the demand to be epistemically conscientious. The reason morality puts epistemic demands on us is that we care about morality. But there may be a (small) class of beliefs which (...) it is not wrong to hold unconscientiously. I also argue that epistemic values enjoy a privileged place in the panorama of what we care about because they are entailed by anything we care about. That means that when there is a conflict between caring about knowledge or true belief and caring about something else, that conflict cannot be resolved simply by following the one we care about the most because caring about knowledge in any domain is entailed by caring about that domain. Finally, I argue that whereas caring demands different degrees of conscientiousness in different contexts, contextualism about knowledge is less plausible. (shrink)

This paper summarizes various interpretations of emotional arguments, with a focus on the emotional mode of argument introduced in the multi-modal argumentation model (Gilbert, 1994). From there the author shifts from a descriptive account of emotional arguments to a discussion about a normative framework. Pointing out problems with evaluative models of the emotional mode, a paradigmatic shift captured by the Amenable Argumentation Approach is explained as a way forward for the advancement of the emotional mode and multi-modal argumentation.

Sigmund Freud sah die Anziehungskraft christlich-religiöser „Illusionen“ in der möglichen Aussöhnung des Menschen mit dem Tod begründet. Heute hat die moderne Industriegesellschaft die Religion jedoch weitestgehend hinter sich gelassen, die Vorstellungen von Tod und Sterben haben sich gewandelt. Marina Brandes untersucht, wie, in welchem Alter, an welchen Orten und unter welchen Umständen heute im Vergleich zu vormodernen Epochen normalerweise gestorben wird. Sie zeigt, welche Assoziationen mit dem Tod verknüpft sind und entwickelt vor dem Hintergrund der Medizinalisierung, der Institutionalisierung des Sterbens (...) und der Ausgrenzung der Sterbenden, Perspektiven für ein versöhntes, gutes Sterben. (shrink)

Women, Art, and Power?seven landmark essays on women artists and women in art history?brings together the work of almost twenty years of scholarship and speculation.

It has been argued by disability advocates that supported decision-making must replace surrogate, or substituted, decision-making for people with cognitive disabilities. From a moral perspective surrogate decision-making it is said to be an indefensible form of paternalism. At the heart of this argument against surrogate decision-making is the belief that such paternalistic action expresses something fundamentally disrespectful about those upon whom it is imposed: that they are inferior, deficient or child-like in some way. Contrary to this widespread belief, I will (...) argue that surrogate decision-making sometimes expresses more respect for people with life-long, ‘severe’ or ‘profound’ cognitive disabilities than does the adoption of supported decision-making.. Specifically, I argue that in some cases supported decision-making can arguably express that people with severe or profound cognitive disabilities lack equal moral value. I also argue that supported decision-making for people with profound cognitive disabilities can arguably express that they lack complex and rich inner lives. If our aim is to ensure our behaviour and practices express respect for people with life-long ‘severe’ or ‘profound’ cognitive disabilities, then sometimes surrogate rather than supportive decision-making will be a better option. (shrink)

Just what sort of a theory is psychoanalytic theory? -- Did Kant precede Freud on a-rational thought? -- Why primary process is hard to know -- Representational a-rational thinking : a proper function account for phantasy and wish -- Drive theory and primary process -- Phantasies, neurotic-beliefs, and beliefs-proper -- Desire and the readiness-to-act -- Compare and contrast : Gardner, Lear, Cavell, and Brakel.

History education holds strong potential for students to examine how racism and other intersecting forms of oppression embedded within U.S. institutions have and still impact today’s social fabric. When rooted in Martell and Stevens’ “thinking like an activist” framework, history education provides opportunities for preservice teachers (PSTs) to see, understand, and disrupt the dominant narrative. They can begin to reimagine their roles as future leaders in the classroom and beyond to ensure that all students thrive and not just survive. Thus, (...) for this qualitative study, we engaged our PST in a book study of A Different Mirror for Young People: A History for Multicultural America. Through intentional content and pedagogical choices, we investigated the question, “ How do preservice teachers make sense of history using the ‘thinking like an activist’ framework?” Findings indicated how Takaki’s different mirror, as a counternarrative centering the perspectives and experiences of historically marginalized groups, allowed PSTs 1) to unlearn oppressive structures (cultural preparation), 2) begin to develop a sociopolitical consciousness of systemic oppression, albeit through an outsider’s perspective (critical analysis), and 3) to analyze how collective action in the past enacted change–although through an already, but not yet, understanding of their role in social change in the present (collective action). (shrink)

Feminism and Tradition in Aesthetics takes a fresh look at the history of aesthetics and at current debates within the philosophy of art by exploring the ways in which gender informs notions of art and creativity, evaluation and interpretation, and concepts of aesthetic value. Multiple intellectual traditions have formed this field, and the discussions herein range from consideration of eighteenth century legacies of ideas about taste, beauty, and sublimity to debates about the relevance of postmodern analyses for feminist aesthetics. Forward (...) by Arthur C. Danto, 20 authors include Paul Mattick, Jr., Caroline Korsmeyer, Timothy Gould, Christine Battersby, Mary Devereaux, bell hooks, REnee Lorraine, Trinh T. Minh-ha, Elizabeth Ann Dobie, Adrian Piper, Anita Silvers, Susan Feagin, Mary D. Garrard, Ellen Handler Spitz, Noel Carroll, Joanne Waugh, Joseph Margolis, Rita Felski, and Hilde Hein, as well as Peg Brand's essay, "Revising the Aesthetic-Nonaesthetic Distinction: The Aesthetic Value of Activist Art.". (shrink)

In this timely book, a Pulitzer Prize-winning reporter trains an autobiographical lens on a moment of remarkable transition in American journalism. Just a few years ago, the mainstream press was wrestling with whether labeling waterboarding as torture violated important norms of neutrality and objectivity. Now, major American newspapers regularly call the president of the United States a liar. Clearly, something has changed as the old rules of "balance" and "two sides to every story" have lost their grip. Is the change (...) for the better? Will it last? In Just a Journalist, Linda Greenhouse--who for decades covered the U.S. Supreme Court for The New York Times--tackles these questions from the perspective of her own experience. A decade ago, she faced criticism from her own newspaper and much of journalism's leadership for a speech to a college alumnae group in which she criticized the Bush administration for, among other things, seeking to create a legal black hole at Guantánamo Bay--two years after the Supreme Court itself had ruled that the detainees could not be hidden away from the reach of federal judges who might hear their appeals. One famous newspaper editor expressed his belief that it was unethical for a journalist to vote, because the act of choosing one candidate over another could compromise objectivity. Linda Greenhouse disagrees. Calling herself "an accidental activist," she raises urgent questions about the role journalists can and should play as citizens, even as participants, in the world around them. (shrink)

Ashrams in Europe twenty-five hundred years ago? Greek philosophers studying in India? Meditation classes in ancient Rome? It sounds unbelievable, but it’s historically true. Alexander the Great had an Indian guru. Pythagoras, Empedocles, and Plotinus all encouraged their students to meditate. Apollonius, the most famous Western sage of the first century c.e., visited both India and Egypt—and claimed that Egyptian wisdom was rooted in India. In Lost Masters, award-winning author Linda Johnsen, digging deep into classical sources, uncovers evidence of (...) astonishing similarities between some of the ancient Western world’s greatest thinkers and India’s yogis, including a belief in karma and reincarnation. Today ancient Greek philosophers are remembered as the founders of Western science and civilization. We’ve forgotten that for over a thousand years they were revered as sages, masters of spiritual wisdom. Lost Masters is an exploration of our long-lost Western spiritual heritage and the surprising insights it can offer us today. (shrink)

Michel Foucault’s formative years included the study not only of history and philosophy but also of psychology: two years after he took license in philosophy at the Sorbonne in 1948, he took another in psychology, and then obtained, in 1952, a Diplôme de Psycho Pathologie . From his earliest years at the Ecole Normale Superieur he had taken courses on general and social psychology with one of most influential psychologists of the time, Daniel Lagache, who was attempting to integrate psychoanalysis (...) with clinical methods.(Eribon 1991, 42) Foucault’s studies included experimentation and clinical instruction in which patients were presented in an amphitheatre just as in the days of Charcot. For several years after he had received his Diplôme, Foucault continued research in psychopathology, observing practices in mental hospitals, reportedly sometimes volunteering in experiments himself. He purchased the material required to administer Roschach tests, subjecting numerous friends to the inkblots, and became, when it was founded, the honorary president of the French Rorschach organization. Foucault’s first books were on the topic of the psychological characterization of madness and the development of clinical medicine, and his last books addressed the development of psychological norms within the establishment of modern prisons as well as within an increasingly scientific approach to sex. Thus, he worked at the intersections of philosophy and psychology throughout his life. Nonetheless, Foucault reported feeling an intense aversion to psychology no less than to philosophy.(Sheridan 1980, 5) Foucault’s oeuvre is almost exclusively focused on particular knowledges in the human sciences, especially those aspects which pertained to psychological theories of human behavior, capacity, and normative functioning. His historical approach to these, and his emphasis on the role of discourse, is readily reminiscent of Thomas Kuhn’s similarly historical approach to scientific method with its emphasis on the role of paradigms and the untranslatability of paradigm dependent objects.. (shrink)

Aspects of Law and Legal Systems -- Courts and Legal Reasoning -- Making, Justifying, and Evaluating Law -- Law and Individual Obligation -- Private Law -- Criminal Law -- Sentencing and punishment-- Statutes -- Constitutions -- International Law.

While most business ethics texts focus exclusively on individual decision making--what should an individual do--this resource presents the whole business ethics story. Highly realistic, readable, and down-to-earth, it moves from the individual to the managerial to the organizational level, focusing on business ethics in an organizational context to promote an understanding of complex influences on behavior. The new Fifth Edition is the perfect text for students entering the workplace, those seeking to become professionals in training, communications, compliance, in addition to (...) chief ethics officers, corporate counsel, heads of human resources, and senior executives. (shrink)

This chapter surveys the variety of ways in which people who may appear at first to be bystanders, or mere bystanders, to wrongdoing, harm or danger might instead share responsibility with other actors. My discussion divides cases into three rough, non- exclusive categories: (a) shared responsibility for wrongs and harms; (b) shared responsibility to provide aid; and (c) shared responsibility to enforce moral norms. The third category has received the least discussion to date. My modest goal for this portion of (...) the chapter is to highlight some ways in which the responsibilities of witnesses to wrongdoing need to be more thoroughly theorized. But, furthermore, I want to suggest that these cases show that active bystanders are not always preferable to passive ones. Sometimes, it is better for witnesses to wrongdoing to remain mere bystanders. (shrink)

This chapter reviews and evaluates the most common strategies for defending the view that, whatever other reasons might support forgiving in a particular case, forgiveness is defective when the person purporting to forgive lacks standing. Various arguments in favor of limiting standing are used in order to clarify what standing might be. In the end, I endorse an interpretation of standing as the possession of a normative power, which allows for the possibility of third-party forgiveness in some circumstances.

Beauty has captured human interest since before Plato, but how, why, and to whom does beauty matter in today's world? Whose standard of beauty motivates African Americans to straighten their hair? What inspires beauty queens to measure up as flawless objects for the male gaze? Why does a French performance artist use cosmetic surgery to remake her face into a composite of the master painters' version of beauty? How does beauty culture perceive the disabled body? Is the constant effort to (...) remain young and thin, often at considerable economic and emotional expense, ethically justifiable? Provocative essays by an international group of scholars discuss beauty in aesthetics, the arts, the tools of fashion, the materials of decoration, and the big business of beautification—beauty matters—to reveal the ways gender, race, and sexual orientation have informed the concept of beauty and driven us to become more beautiful. Here, Kant rubs shoulders with Calvin Klein. Beauty Matters draws from visual art, dance, cultural history, and literary and feminist theory to explore the values and politics of beauty. Various philosophical perspectives on ethics and aesthetics emerge from this penetrating book to determine and reveal that beauty is never disinterested. Foreward by Eleanor Heartney; "Introduction" by Peg Brand [Weiser] included here. Authors include Marcia M. Eaton, Noel Carroll, Paul C. Taylor, Arthur C. Danto, Kathleen M. Higgins, Susan Bordo, Dawn Perlmutter, Eva Kit Wah Man, Anita Silvers, Hilary Robinson, Kaori Chino, Sally Banes, and Peg Brand's essay "Bound to Beauty: An Interview with Orlan." (available on PhilPapers). (shrink)

"The Justice of Mercy is exhilarating reading. Teeming with intelligence and insight, this study immediately establishes itself as the unequaled philosophical and legal exploration of mercy. But Linda Meyer's book reaches beyond mercy to offer reconceptualizations of justice and punishment themselves. Meyer's ambition is to rethink the failed retributivist paradigm of criminal justice and to replace it with an ideal of merciful punishment grounded in a Heideggerian insight into the gift of being-with-others. The readings of criminal law, Heideggerian and (...) Levinasian philosophy, and literature are powerful and provocative. The Justice of Mercy is a radical and rigorous exploration of both punishment and mercy as profoundly human activities." ---Roger Berkowitz, Director of the Hannah Arendt Center for Ethical and Political Thinking, Bard College "This book addresses a question both ancient and urgently timely: how to reconcile the law's call to justice with the heart's call to mercy? Linda Ross Meyer's answer is both philosophical and pragmatic, taking us from the conceptual roots of the supposed conflict between justice and mercy to concrete examples in both fiction and contemporary criminal law. Energetic, eloquent, and moving, this book's defense of mercy will resonate with philosophers, legal scholars, lawyers, and policymakers engaged with criminal justice, and anyone concerned about our current harshly punitive legal system." ---Carol Steiker, Harvard Law School "Far from being a utopian, soft and ineffectual concept, Meyer shows that mercy already operates within the law in ways that we usually do not recognize.... Meyer's piercing insights and careful analysis bring the reader to think of law, justice, and mercy itself in a new and far more profound light." ---James Martel, San Francisco State University How can granting mercy be just if it gives a criminal less punishment than he "deserves" and treats his case differently from others like it? This ancient question has become central to debates over truth and reconciliation commissions, alternative dispute resolution, and other new forms of restorative justice. The traditional response has been to marginalize mercy and to cast doubt on its ability to coexist with forms of legal justice. Flipping the relationship between justice and mercy, Linda Ross Meyer argues that our rule-bound and harsh system of punishment is deeply flawed and that mercy should be, not the crazy woman in the attic of the law, but the lady of the house. This book articulates a theory of punishment with mercy and illustrates the implications of that theory with legal examples drawn from criminal law doctrine, pardons, mercy in military justice, and fictional narratives of punishment and mercy. Linda Ross Meyer is Carmen Tortora Professor of Law at Quinnipiac University School of Law; President of the Association for the Study of Law, Culture and the Humanities; and Associate Editor of Journal of Law, Culture and the Humanities. Jacket illustration: "Lotus" by Anthony James. (shrink)

This chapter contains section titled: Suggested Reading.

The clinical literature on moral injury sometimes mentions the making of amends as part of a possible treatment plan. However, it is typically unclear how clinicians are conceiving of the making of amends or “atonement,” particularly in the context of the debilitating cluster of symptoms known as moral injury. This chapter reviews some culturally prominent conceptions of atonement. It then raises a number of objections to these and recommends an alternative model – a “reconciliation theory” of atonement – that can (...) avoid these objections. This theory conceives of wrongdoing as damaging relationships among victims, wrongdoers, and communities, and of atonement as repairing this damage. Atonement for serious wrongdoing isn't easy, but it isn't impossible either. Atonement comes in degrees. When pursued well, it offers benefits to victims and communities as well as to wrongdoers themselves. (shrink)

This chapter reflects on public apologies as means of moral repair by considering the various roles the public might play in these moral dramas. Audiences to public apologies include people who are related to the transgression in different ways. This chapter focuses on those parties in front of whom public apologies are intentionally performed but who are neither victims nor wrongdoers. Do such third parties add something of value to the apology? If so, how? How might they play their role (...) well? Under what circumstances might they forgive? How might things go poorly? This chapter argues that public apologies face a problem of “mission creep.”. (shrink)

Emphasizing the human body in all of its forms, Beauty Unlimited expands the boundaries of what is meant by beauty both geographically and aesthetically. Peg Zeglin Brand and an international group of contributors interrogate the body and the meaning of physical beauty in this multidisciplinary volume. This striking and provocative book explores the history of bodily beautification; the physicality of socially or culturally determined choices of beautification; the interplay of gender, race, class, age, sexuality, and ethnicity within and on (...) the body; and the aesthetic meaning of the concept of beauty in an increasingly globalized world. Foreward by Carolyn Korsmeyer. Authors include Noel Carroll, Gregory Velazco Y Trianosky, Monique Roelofs, Whitney Davis, Eleanor Heartney, Diana Tietjens Meyers, Phoebe M. Farris, Mary Devereaux, Jo Ellen Jacobs, Karina L. Cespedes-Cortes and Paul C. Taylor, Fedwa Malti-Douglas, Stephen Davies, Jane Duran, Valerie Sullivan Fuchs, Keith Lehrer, Allen Douglas, Cynthia Freeland, Eva Kit Wah Man, Mary Bittner Wiseman, and Peg Brand's essay, "ORLAN Revisited: Disembodied Virtual Hybrid Beauty.". (shrink)