This book discusses and provides insight on the legal and ethical dilemmas of managing those with Fetal Alcohol Spectrum Disorder (FASD). This book provides a clear perspective for those clinicians and legal professionals who are working with those with this disorder, and correspondingly increases their understanding when arranging effective supports for this population. Historically, the primary focus on FASD has been on children. However, this is a lifelong disorder, and the implications of this disorder become even more prominent and complex (...) in adulthood. Those with this condition can struggle with impulsiveness, and a host of cognitive difficulties. This correspondingly impacts their independence and employability, and produces an elevated risk for homelessness and other residential issues, involvement in substance use, being exploited, development of behavioural issues, and subsequent legal difficulties. Their cognitive difficulties result in challenges for legal systems around the world to understand their issues, and to design appropriate remedial strategies, recommendations for treatments and supports, and even for understanding the failure of many of these individuals to be able to change their behaviours effectively. This produces various legal and ethical dilemmas, which are discussed in detail in this volume by 28 authors from Europe, New Zealand, and North America. These include discussions regarding the rights of the unborn child, the alcohol industry's duty to warn, whether small amounts of alcohol during pregnancy can be condoned, and even the current use of involuntary hospitalization for addicted mothers. Other chapters discuss the need for training on FASD for front line officers, use of lies during interrogation of those with FASD, medical and legal interventions for offenders with FASD, access to diagnostic services and follow-up supports, and whether FASD can be considered a mitigating factor for sentencing. Furthermore, caregivers also provide their stories regarding the daily dilemmas that are faced in raising those with FASD. (shrink)

Envy and resentment are generally thought to be unpleasant and unethical emotions which ought to be condemned. I argue that both envy and resentment, in some important forms, are moral emotions connected with concern for justice, understood in terms of desert and entitlement. They enable us to recognise injustice, work as a spur to acting against it and connect us to others. Thus, we should accept these emotions as part of the ethical life.

ABSTRACTIn the debate about the worth of women in sixteenth and seventeenth century Italy three pro-woman authors of the period, Moderata Fonte, Lucrezia Marinella, and Arcangela Tarabotti, develop...

Czech translation of Marguerite Léna’s Choisir l’ Europe: Constantin Sigov et la dignité humaine.

This work examines Aristotle's discussions of definition in his logical works and the Metaphysics, and argues for the importance of definitions of simple ...

Iris Marion Young argues we cannot understand others' experiences by imagining ourselves in their place or in terms of symmetrical reciprocity (1997a). For Young, reciprocity expresses moral respect and asymmetry arises from people's greatly varying life histories and social positions. La Caze argues there are problems with Young's articulation of asymmetrical reciprocity in terms of wonder and the gift. By discussing friendship and political representation, she shows how taking self-respect into account complicates asymmetrical reciprocity.

Early feminist or pro-woman works often combine the claim that the rational souls of men and women are the same with an argument for the superiority of women. This article considers two such works, Lucrezia Marinella's The Nobility and Excellence of Women and the Defects and Vices of Men (Venice, 1601 [1999]) and Marguerite Buffet's In Praise of Illustrious Learned Women, both Ancient and Modern (Paris, 1668), in order to show the continuities and distinctive features of feminist arguments for (...) superiority, to emphasize the differences in the conceptions of reason and physiology that distinguish them, and to demonstrate that claims of superiority persisted even as those defending women's worth began to adopt egalitarian positions. (shrink)

Aristotle's remarks about the differences between the sexes have become infamous for their implications for the social status of women. In his observations on female biology, Aristotle claims that "the female nature is, as it were, a deformity." In describing women's role in the public sphere, he claims that women are naturally subordinate because, while they possess a deliberative faculty, that capacity is "without authority." While both claims express the "inferiority" of female bodies/women relative to male bodies/men, it is not (...) self-evident that the defects Aristotle identifies in female biology have cognitive or moral manifestations that would justify the rule of men over women in political life. Marguerite Deslauriers here aims to construct a coherent picture of Aristotle's views on sexual and gender-based difference from these remarks and to show the extent to which his views on female biology and women's role in politics are causally connected. Without exculpating Aristotle from charges of misogyny, Deslauriers contextualizes his explanations of the role and origin of female animals in his biology and the role of women in his political philosophy; she shows how Aristotle developed these views and the importance they hold for his wider philosophical commitments. She then explores how Aristotle might have seen the link between the physiology of sex and the bearing it has on political life. She ultimately argues that in Aristotle's conception of sexual difference in biology and politics, there is a tension between his view of the inferiority of female bodies and women and his commitment to the idea that females and women are valuable both for generation and for the political life characteristic of human beings. In this tension she finds a difference between Aristotle and his predecessors: while previous accounts associate sexual difference with affliction, Aristotle sees sexual difference as a benefit, both to a species and a political community. This volume will be of interest to philosophers and students interested in ancient philosophy, feminist philosophy, as well as those studying moral and political philosophy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 12.1 (2004) 71-75 [Access article in PDF] Response to Kingsley Price's "How Can Music Seem to be Emotional" Marguerite Nering Calgary, Canada Kingsley Price argues that music, since it is not personal, cannot be emotional but can only seem emotional. In an earlier draft of this paper he described it more fully: "Music is not a person, cannot possibly harbor an inward life, (...) and cannot possibly be emotional." He then sets out to discover how music, since for him it is not emotional, can seem to be so. Through a step-by-step process of philosophical inquiry, he first looks within perception and not finding an answer there, searches without, mainly focusing on meaning and Susanne Langer's theory of emotion and music. His search is unrewarded, leaving him to conclude that the answer to his question remains an incomprehensible mystery.His logic at first seems impervious to dispute. Had he not strictly limited his meaning of music and emotion-particularly emotion-it may have simplified responding to his query. For him, "music" refers to instrumental music that is heard or perceived. "Emotion" means conscious feelings we find ourselves in when undergoing emotion.The major question one must ask is whether his basic premise is accurate. Is he correct in stating that music unequivocally is not emotional but only seems so? [End Page 71] Is he correct in stating that music does not harbor an inward life? After all, he is talking about instrumental music that is perceived. While one cannot deny that notated music on paper is not emotional, does this hold for instrumental music being performed and transmitted? The source is a live human, someone who has an inward life, or at least did have at the time of production. The receptor is alive and has an inward life. The human source is sending living music imbued with emotion and energy. The airwaves transport these vibrations. Can we really say that the living or live music reaching the receiver's ears is not carrying real emotion?Returning to Price's analysis, we find he looks first at perception itself, in this case sense perception, and determines that it has two major constituents: awareness and the object of awareness. He argues that awareness cannot seem to exist; it must exist. It is always simple; therefore, there can be no characteristic that makes it seeming and not real. I question whether the latter conclusion necessarily follows, that is, that reality is a consequence of simplicity, but I must agree that awareness by virtue of its existence must be real.Music heard is the object of awareness. He states that the distinction between seeming and reality does apply to some things-for example, to Macbeth seeing a dagger that really is not there-but declares that this cannot apply to music heard, for it actually exists. Does this mean that one cannot hear music that really is not there? The illusion should work for hearing if it works for vision. Back to his argument, because music heard exists, he reasons that one cannot say that the seeming emotionality in music can be traced to the character of the music that bears it. I wonder then how this would apply to a person playing music with real emotion for his or her own enjoyment? In this case the human receptor of music is also the human source of the music. They are one and the same, and this person of course has an inward personal life. Does this music only seem emotional or is it really emotional? It would make sense that it is really emotional.He then looks at whether the seemingness of emotionality can be traced to emotionality itself and deduces that it cannot. Emotions are real. If we feel joy, it is real joy we are feeling and not seeming joy. One cannot debate this. Again, however, I am not convinced of the seemingness of the emotionality of music. Because music comes from a living person, it is an extension... (shrink)

In a reading of René Descartes's The Passions of the Soul, Luce Irigaray explores the possibility that wonder, first of all passions, can provide the basis for an ethics of sexual difference because it is prior to judgment, and thus nonhierarchical. For Descartes, the passion of generosity gives the key to ethics. I argue that wonder should be extended to other differences and should be combined with generosity to form the basis of an ethics.

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 12.1 (2004) 71-75 [Access article in PDF] Response to Kingsley Price's "How Can Music Seem to be Emotional" Marguerite Nering Calgary, Canada Kingsley Price argues that music, since it is not personal, cannot be emotional but can only seem emotional. In an earlier draft of this paper he described it more fully: "Music is not a person, cannot possibly harbor an inward life, (...) and cannot possibly be emotional." He then sets out to discover how music, since for him it is not emotional, can seem to be so. Through a step-by-step process of philosophical inquiry, he first looks within perception and not finding an answer there, searches without, mainly focusing on meaning and Susanne Langer's theory of emotion and music. His search is unrewarded, leaving him to conclude that the answer to his question remains an incomprehensible mystery.His logic at first seems impervious to dispute. Had he not strictly limited his meaning of music and emotion-particularly emotion-it may have simplified responding to his query. For him, "music" refers to instrumental music that is heard or perceived. "Emotion" means conscious feelings we find ourselves in when undergoing emotion.The major question one must ask is whether his basic premise is accurate. Is he correct in stating that music unequivocally is not emotional but only seems so? [End Page 71] Is he correct in stating that music does not harbor an inward life? After all, he is talking about instrumental music that is perceived. While one cannot deny that notated music on paper is not emotional, does this hold for instrumental music being performed and transmitted? The source is a live human, someone who has an inward life, or at least did have at the time of production. The receptor is alive and has an inward life. The human source is sending living music imbued with emotion and energy. The airwaves transport these vibrations. Can we really say that the living or live music reaching the receiver's ears is not carrying real emotion?Returning to Price's analysis, we find he looks first at perception itself, in this case sense perception, and determines that it has two major constituents: awareness and the object of awareness. He argues that awareness cannot seem to exist; it must exist. It is always simple; therefore, there can be no characteristic that makes it seeming and not real. I question whether the latter conclusion necessarily follows, that is, that reality is a consequence of simplicity, but I must agree that awareness by virtue of its existence must be real.Music heard is the object of awareness. He states that the distinction between seeming and reality does apply to some things-for example, to Macbeth seeing a dagger that really is not there-but declares that this cannot apply to music heard, for it actually exists. Does this mean that one cannot hear music that really is not there? The illusion should work for hearing if it works for vision. Back to his argument, because music heard exists, he reasons that one cannot say that the seeming emotionality in music can be traced to the character of the music that bears it. I wonder then how this would apply to a person playing music with real emotion for his or her own enjoyment? In this case the human receptor of music is also the human source of the music. They are one and the same, and this person of course has an inward personal life. Does this music only seem emotional or is it really emotional? It would make sense that it is really emotional.He then looks at whether the seemingness of emotionality can be traced to emotionality itself and deduces that it cannot. Emotions are real. If we feel joy, it is real joy we are feeling and not seeming joy. One cannot debate this. Again, however, I am not convinced of the seemingness of the emotionality of music. Because music comes from a living person, it is an extension... (shrink)

In the treatise called La nobiltà et l’eccellenza delle donne co’ diffetti et mancamenti de gli uomini Lucrezia Marinella claims that women are superior to men. She argues that men are excessively hot, and that heat in a high degree is detrimental to the intellectual and moral capacities of a person. The aim of this paper is to set out Marinella’s views on temperature differences in the bodies of men and women and the effects of bodily constitution on the capacities (...) necessary for political deliberation and rule. I situate Marinella’s argument in the context of an ongoing debate about physiological differences between the sexes, begun in antiquity and extending into the Renaissance. That debate is important for several reasons: as part of a broader discussion of the nature and worth of women, as determining influential interpretations of ancient authorities on matters of physiology, and as anticipating later discussions of the relation between the sexed body and political roles. This paper considers Marinella in dialogue with a number of interlocutors, elements of whose work can be found in her own: Aristotle, Mario Equicola, Galeazzo Flavio Capra, Ludovico Domenichi and Torquato Tasso. (shrink)

Marie de Gournay, in a central argument in the pamphlet Égalité des hommes et des femmes [The Equality of Women and Men], offers an interpretation of an argument for equality that she attributes to ‘the School.’ I argue that Gournay is drawing on Aristotle’s Metaphysics to formulate an argument for the equality of women; that she does not temper that argument with claims for the superiority of women, which makes her unique for some time; and that her alleged misrepresentation of (...) her authorities – Aristotle in particular – is itself an interesting and suggestive phenomenon. Moreover, while some of her contemporaries would have agreed that the soul of a person has no sex, Gournay was unusual in arguing that the social implication of this was intellectual equality for women and men, just so long as education should be provided to women as well as men. (shrink)

ABSTRACT:A key factor in the decision to convert a publicly owned company to private status is the expectation that value will be created, providing the firm with rent. These rents have implications regarding the property rights of the firm’s capital-contributing constituencies. We identify and analyze the types of rent associated with the newly private firm. Compared to public firms, going private allows owners the potential to partition part of the residual risk to bond holders and employees, rendering them to be (...) co-residual risk bearers with owners. We propose that new promotion-based contracts with bond holders and employees, reflecting their particular investments, be negotiated as the firm migrates from public to private status. These contracts should acknowledge the firm’s intent to maximize shareholder value and its need to take the risks necessary to do so, but support that the firm’s survival not be undermined due to its possibly opportunistic owners. (shrink)

The newly private corporation challenges scholars to re-examine corporate social responsibility under a markedly different governance system. We theorize regarding the implications of public corporations going private through use of private equity. The new governance system includes few owners and an expert, involved board of directors; combined with a greatly reduced public presence, public-to-private firms are proposed to place greater emphasis on financial performance and lesser emphasis on social performance. Several variables are proposed to moderate the lesser emphasis on social (...) performance. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:If “Reality is the Best Metaphor,” It Must Be VirtualMarguerite R. Waller (bio)What is the search for the next great compelling application but a search for the human identity?—Doug Coupland, Microserfs... we can look forward to a richly textured and complex cyberspace, where we are at all times human, and can become bits of pixel dust flying through a virtual landscape.—3-D, multiuser, interactive, on-line virtual reality producer“Avatars are Next,” (...) the June 1996 issue of Wired announces on its cover, above a glossy foldout of Bill Gates in bathing trunks floating on a lemon yellow air mattress in a sensuous Hockney-blue swimming pool. “Mr. Bill goes Hollywood! Special Gatesfold Issue,” reads the caption underneath the (photomontaged) naked torso. The United States Congress’s attempt in February 1996 to conceptualize the Internet as an incitement to indecent sexual conduct (in Section 507 of the 1996 Telecommunications Act, the so-called Computer Decency Act) is clearly the lampooned subtext of this juxtaposition of sexualized body with the concept of the avatar. The antithesis of sensuous, avatars are bandwidth-conserving, virtual figures that take the place of users’ physical bodies in the three-dimensional, interactive, multiuser virtual environments that software developers in 1996 insist will be the telos of the development of the World Wide Web. The Wired cover implies that the nerd community finds Congress’s association of digital media with sex ridiculous (however flattering they may find it to be constructed as sexually dangerous). Not unusually, sexuality is being invoked by the state as a justification for extending its own reach (and the corporate interests it represents).But the sex/gender politics of Net free speech advocates are not necessarily more progressive. As feminist commentator Laura Miller argues in “Women and Children First: Gender and the Settling of the Electronic Frontier,” the metaphor of a frontier beyond the jurisdiction of Congress, deployed by opponents of federal regulation, draws upon a conventional construction of gender that threatens to reinscribe women as victims, reinforcing “the power imbalance between the sexes, with its roots in the concept of women as property, constantly under siege and requiring the vigilant protection of their male owners” [53]. The unintended consequence of this conceptualization, she worries, is that “the threat of regulation is built into the very mythos used to conceptualize the Net by its defenders” [50].My worry, therefore, embraces both sides of the debate over free speech on the Net. The skirmish between Big Brother and the software pioneers seems to be shaping up rhetorically as a classic fraternal competition “between men” (Sedgwick). We may read it as a contest between fundamentally congruent “male” subject positions, both of which incline to disempower “female” subject positions and both of which stand to increase their [End Page 90] own political and economic capital by the appearance of a conflict. The power-producing relationality at play in this turf war, however, simultaneously threatens to subvert the claims of each position to its own, independent ontology. Both parties, therefore, can be expected compulsively to deny their relational status. John Perry Barlowe insists, in his “Declaration of Independence in Cyberspace”: “Your legal concepts of property, expression, identity, movement, and context do not apply to us. They are based on matter. There is no matter here.”It is this more subtle metaphysical issue, the occlusion of relation, implicated in but not reducible to, the constructions of sexuality and gender deployed by both Netizens and Congresspeople, that I find the most pressing issue in designs, uses, and discussions of cyberspace. I will argue that, in fact, the current wave of Internet development (both practically and discursively) is in some sense driven by a desire to make cyberspace safe for essentialist subjectivities of whatever ideological/political persuasion. I will unfold this argument in terms of a certain notion of addiction. My interest is not “cyberaddiction” per se, in the sense of individuals who spend what they or their associates consider too much time on-line, but rather the construction of cyberspace—both rhetorically and electronically—as a clean, clear realm in which we can transcend positionality while remaining (or becoming more fully) “ourselves.” I am not, that... (shrink)