Hasian, Condit, and Lucaites argue that there is "a need for investigating and implementing procedures that would democratize the legal system"i and that the boundaries of the law provide a fruitful site for such investigation. I would argue that one particularly relevant site to recover such procedures is American Indian law. American Indian treaties, although more so in terms of their negotiation rather than their final form, are hybrid documents, combining elements from both indigenous and Western law. Because treaties exist (...) at the boundaries between two systems of law, they are positioned not only to illuminate differences in practice but also to shed light on the balance of power between Indian nations and the U.S. government. Evidence of law's boundaries can be found, for example, in the adherence to, or abandonment of, indigenous practices of law over time. The journals of the proceedings in particular, which recorded the negotiation of the treaties, also documented cultural understandings of power, leadership, human relations, and attitudes toward the land. So if ever there were an opportunity to investigate and implement procedures leading to a more democratized legal system, this would be one. ;Traditional American Indian communication practices were not, and still are not, empty rituals or colorful customs of an exotic culture performed for the entertainment of outsiders. Neither are American Indian law practices the quaint customs of a long-gone past but living traditions still practiced today. I document this continuity in practice by investigating two sites: first, the historical journal of the proceedings from the 1825 Treaty of Prairie du Chien, and then in the contemporary rhetoric of their descendents, Anishinaabe environmental activists. Rhetorical analyses of these texts reveal not only American Indian concepts of law, peace, and kinship but also an environmental ethic, all based upon a rhetoric of responsibility rather than rights. ;Treaties may always be the primary written documents scrutinized in the courts when treaty rights are being asserted or challenged, but if we were serious about democratizing our legal system, then we would do well to implement many of the traditional communication practices rooted in our indigenous heritage. ;iMarouf Hasian, Jr., Celeste Michelle Condit, and John Louis Lucaites, "The Rhetorical Boundaries of 'the Law': A Consideration of the Rhetorical Culture of Legal Practice and the Case of the 'Separate But Equal' Doctrine," Quarterly Journal of Speech 82 , 339. (shrink)

Midwest Studies In Philosophy, EarlyView.

Simulation technology is increasingly being used in nursing education. Previously used primarily for teaching procedural, instrumental, or critical incident types of skills, simulation is now being applied to training related to more dynamic, complex, and interpersonal human contexts. While high fidelity human patient simulators have significantly increased in authenticity, human responses have greater complexity and are qualitatively different than current technology represents. This paper examines the texture of representation by simulation. Through a tracing of historical and contemporary philosophical perspectives on (...) simulation, the nature and limits of the reality of human health responses represented by high fidelity human patient simulation (HF‐HPS) are explored. Issues concerning nursing education are raised around the nature of reality represented in HF‐HPS. Drawing on Waks, a framework for guiding pedagogical considerations around simulation in nursing education is presented for the ultimate purpose of promoting an educative experience with simulation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Driven from Home: Protecting the Rights of Forced Migrants Edited by David Hollenbach, SJ, and: Kinship across Borders: A Christian Ethic of Immigration by Kristen HeyerRené M. Micallef SJDriven from Home: Protecting the Rights of Forced Migrants EDITED BY DAVID HOLLENBACH, SJ Washington DC: Georgetown University Press, 2010. 296 pp. $20.46Kinship across Borders: A Christian Ethic of Immigration KRISTEN HEYER Washington DC: Georgetown University Press, 2012. 210 pp. (...) $29.23Although based on a conference held at Boston College in November 2008, Driven from Home is no less timely today, given the context of current debates on immigration in the United States, the European Union, Australia, and the Middle East. David Hollenbach’s introduction explains how the book brings together Christian (mostly Catholic) theologians, human rights activists, humanitarian practitioners, and legal scholars to help us focus on a class of persons referred to as “forced migrants” or “persons needing protection.” These individuals are neither classical “convention refugees” (according to international law definitions) nor are they simply “migrant workers” (in the classical sense) since their basic human rights to security and subsistence cannot [End Page 230] be adequately guaranteed in their home country or region. They do not emigrate merely in search of a higher standard of living; rather, forced migrants enter and settle in foreign lands seeking some sort of “protection” similar to that afforded to “conventional” refugees. More concretely, the book focuses on persons on the move—individuals fleeing violence and the extreme poverty rampant in regions devastated by ecological degradation and natural disasters.Extending the logic of the 1952 Refugee Convention and adapting it to the realities of today, one can argue convincingly that the international community has a duty to protect such persons when their states of origin are structurally unable or unwilling to afford protection (as argued in Susan Martin’s essay). However, paternalistic approaches that diminish rather than augment the agency of local governments and migrants are to be avoided (as maintained in M. Brinton Lykes’ essay). The book helps us reflect on what can be done to guarantee the basic rights of forced migrants not only at the level of international law and institutions but also through domestic and regional policymaking spurred and inspired by both Christian and secular global-humanitarian values. Such values are eminently compatible when applied to this particular issue (see Silvano Tomasi’s contribution). Agbonkhianmeghe Orobator’s essay—which offers insightful reflections (albeit rather general ones) from Christian ethics, ecclesiology, and biblical theology—likewise points to the need for a truly interdisciplinary approach to the issue. The other authors help the book achieve precisely this. Theological ethics finds its own distinctive place and voice in dialogue with a range of perspectives: legal and political sciences and case studies (Frank Brennan, Daniel Kanstroom); philosophical approaches (Arash Abizadeh); and sociological research on particular migrant populations (M. Brinton Lykes, Maryanne Loughry). The book includes essays that integrate case studies, technical reflections, useful summaries of theological principles and doctrines (J. Bryan Hehir, Mary M. DeLorey, and Tomasi), and philosophical stances (Abizadeh, Thomas G. Weiss), and present practical and legal proposals (see Martin’s essay). A stimulating read for scholars and for the general public, the volume provides good training material for faith-based activists and practitioners.The argumentation strategy in many of the essays in Driven from Home is to appeal to the reader’s sense of solidarity with the needy or suffering neighbor. It promotes the virtues of hospitable citizenship and hospitable disciple-ship while carefully trying to convince national and international policymakers to reinforce and expand the international protection regime. Emboldened by the 2005 “Responsibility to Protect” breakthrough at the United Nations, the authors seek to remain acceptable to a wide audience in an atmosphere of resurgent nationalism, nativism, and protectionism. The authors generally avoid harsh critiques of Westphalian models of sovereignty and do not dwell [End Page 231] on the Catholic doctrines of the universal destination of created goods and the (circumscribed) right to immigrate (and not only to emigrate). Rather, they seek to introduce a new protection niche without fundamentally challenging the prevailing ideology of sovereignty, gently proposing new legal instruments as though they... (shrink)

The avant-garde has been popular for some time, but its popularity has tended to fly under the radar. This ¿popular avant-garde,¿ conceived as the meeting ground of the avant-garde and popular, avoids the divorce of art and praxis of which the avant-garde has been accused. The Popular Avant-Garde takes stock of the debates about both the ¿historical¿ (¿modernist¿) and posterior avant-gardes, and sets them in relation to popular culture and art forms. With a critical introduction that examines the concepts of (...) ¿the avant-garde,¿ ¿the popular,¿ and ¿the popular avant-garde,¿ the series of essays analyzes the way in which the avant-garde employs popular genres for political purposes, as well as how the popular acquires a critical function with respect to the avant-garde. Each of the volume¿s three sections considers a different aspect of the productive exchange between the avant-garde and popular: the popular avant-garde as a culturally hybrid and cross-border phenomenon; the play between the popular avant-garde and developments in media and technology; and the popular avant-garde¿s upending of conventional ideas about ¿the people¿ and ¿the popular.¿ The Popular Avant-Garde takes a fresh look at the now canonical Dadaist, Futurist, and Surrealist movements from the perspectives of gender and sexuality, and cultural and critical theory, while at the same time exploring less well-known avant-garde work in literature, film, television, music, photography, dance, sculpture, and the graphic arts. This volume¿s coverage of the American and Afro-American, Luso-Brazilian and Latin-American, East-European, and Scandinavian avant-gardes, in addition to the vanguards of Spain and other parts of Western Europe, will appeal to all those interested in avant-garde and popular art forms. (shrink)

This article analyzes U.S. court cases involving reproductive technologies in terms of their implications for reproductive choice, mothers' versus fathers' rights, definitions and evaluations of parenting, and the nuclear family structure. The analysis reveals that the courts have tended not to recognize how social conditions shape women's reproductive choices, to promote fathers' rights more than mothers' rights, to ignore the social relationships that constitute childbearing and child rearing and value men's over women's biological contribution to these processes, to reflect certain (...) assumptions about the proper roles of mothers and fathers, and to privilege the nuclear family. The implications of developing reproductive technology policy for an understanding of the relationships among gender, reproductive technologies, and the state are considered, and recommendations for the equitable regulation of these technologies are offered. (shrink)

The recent development of RNA replicating protocells and capsules that enclose complex biosynthetic cascade reactions are encouraging signs that we are gradually getting better at mastering the complexity of biological systems. The road to truly cellular compartments is still very long, but concrete progress is being made. Compartmentalization is a crucial natural methodology to enable control over biological processes occurring within the living cell. In fact, compartmentalization has been considered by some theories to be instrumental in the creation of life. (...) With the advancement of chemical biology, artificial compartments that can mimic the cell as a whole, or that can be regarded as cell organelles, have recently received much attention. The membrane between the inner and outer environment of the compartment has to meet specific requirements, such as semi‐permeability, to allow communication and molecular transport over the border. The membrane can either be built from natural constituents or from synthetic polymers, introducing robustness to the capsule. (shrink)

This book covers a remarkable amount of ground and has become something of a classic. Besides the Discourse and the Meditations, it contains Private Thoughts, the third set of Objections and Replies, most of the Regulae, parts of the Principia and the Dioptrics, together with crrespondence with Elizabeth, Princess Palatine, Mersenne and others.

We prove a Gleason-type theorem for the quantum probability rule using frame functions defined on positive-operator-valued measures, as opposed to the restricted class of orthogonal projection-valued measures used in the original theorem. The advantage of this method is that it works for two-dimensional quantum systems and even for vector spaces over rational fields—settings where the standard theorem fails. Furthermore, unlike the method necessary for proving the original result, the present one is rather elementary. In the case of a qubit, we (...) investigate similar results for frame functions defined upon various restricted classes of POVMs. For the so-called trine measurements, the standard quantum probability rule is again recovered. (shrink)

El presente texto es un prólogo a la traducción del ensayo de René Daumal “Los límites del lenguaje filosófico y los saberes tradicionales”. En la introducción se realiza una breve semblanza biográfica e intelectual del autor, y se recorren los tópicos recurrentes de su obra relacionados con el presente artículo. Daumal caracteriza el centro nodal de la Filosofía como “metafísica experimental”: disciplina que compromete integralmente todas las facultades humanas (especulación, sensación y praxis) y ante la cual un problema se hace (...) insoslayable: o bien el lenguaje es un instrumento para su enseñanza y conservación, una guía, o bien opera como un sello que impide la experiencia filosófica. El autor compara dos modos de transmisión verbal del conocimiento que intentaron evitar “el riesgo de devenir un fin en sí”; se refiere a los diálogos filosóficos de la obra platónica y a las Upanishad. Esto desencadena en una indagación sobre la función del lenguaje para la religión védica. (shrink)

This book explores how Modernist movements all across the Mediterranean basin differed from those of other regions. The chapters show how the political and economic turmoil of a period marked by world war, revolution, decolonization, nationalism, and the rapid advance of new technologies compelled artists, writers, and other intellectuals to create a new hybrid Mediterranean Modernist aesthetic which sought to balance the tensions between local and foreign, tradition and innovation, and colonial and postcolonial.

This book intends to introduce readers to the work of Charles E. Butterworth, and thereby to introduce students to Medieval islamic political philosophy, of which Butterworth is one of the world's most prominent scholars. In a wider sense, the Festschrift introduces its readers to the current debates on Medieval islamic political philosophy, related as they are to the questions of the relationship between islam and Christianity, the Medieval to the Modern world, and reason and revelation. Butterworth's scholarship spans six decades, (...) primarily translating, editing, and interpreting the works of the Muslim political philosopher Alfarabi (d. 950) and Averroes (Ibn Rushd, d. 1198). He began his studies of Muslim political philosophy at a time when the Middle East and islam did not have the political salience they have acquired in more recent years. instead, Butterworth's reason for engaging with islam was rooted in the question of the relationship between reason and revelation. While one possible answer was pursued in the Christian, latin West, the islamic borderlands of Greek, Roman, and Muslim civilization offered another. By exploring Averroes, who provides the possibility of an Aristotelian-Islamic political philosophy, and Alfarabi, who pursues a Platonic-islamic political philosophy, Butterworth showed how islamic civilization provided a viable alternative to the theologico-political question reason v revelation, as well as serving as an inspiration to the latin West. (shrink)

The aim of this study was to explore stakeholder perceptions of the contribution of an Automatic Milking System (AMS) to sustainable development of organic dairy production in Denmark and the Netherlands. In addition, reasons for the current difference in AMS use on organic dairy farms between both countries were explored. To answer above mentioned aims, farmers and advisors in both countries were interviewed using a focus group approach. Questions of the interviews were based on a literature review on sustainability issues (...) affected by introduction of AMS. Participants expressed no moral problems regarding AMS use. They, however, pointed out uncertainty about the economic gain, difficulties with grazing, adaptation problems to technology, and image problems towards consumers. The latter results from a reduction in grazing time affecting both animal welfare and product quality. The participants did not recognize eutrophication, as result of high stocking density on farmstead lots, as a problem caused by AMS. The milk quality problem related to AMS use, although acknowledged as crucial towards consumers, was not prioritized very highly, especially not by the farmers in both countries. All groups were, however, unanimous in their perception of how important image was as far as the consumers are concerned. The perception analysis revealed that Dutch participants were more concerned about the economic payoff of AMS use, and showed more reluctance towards enlargement than Danish ones. In addition, they acknowledged the small-scale naturalness of organic production. These differences in perception could possibly explain observed differences in AMS use in organic dairy production between Denmark and the Netherlands. (shrink)

In the current study, we aimed at understanding the effect of exposure to complex input on speech sound development, by conducting a systematic meta-analysis review of the existing treatment-based studies employing complex input in children with speech sound disorders. In the meta-analysis review, using a list of inclusion criteria, we narrowed 280 studies down to 12 studies. Data from these studies were extracted to calculate effect sizes that were plotted as forest plots to determine the efficacy of complexity-based treatment approaches. (...) The outcome variables of interest were improvement on the treated and generalization to the untreated sounds. Meta-analysis revealed that the exposure to complex input not only promoted improvement in production of complex speech sounds but also facilitated the production of untreated simple speech sounds. Overall, the current findings revealed that the exposure to complex input promotes acquisition of both complex and simple speech sounds. The current findings are in line with the models of language learnability. The current findings have implications in the treatment of speech sound disorders. (shrink)