In lieu of an abstract, here is a brief excerpt of the content:Amicus BriefMartha C. Nussbaumii. summary of the argumentThis brief argues that the law requires reformation to protect our modern scientific and philosophical understanding that many animals can live their own meaningful lives and that the Court should reform the law in this case.1 Modern science demonstrates that elephants are complex beings that can form a conception of the self, as observed by Judge Fahey, form strong social and emotional (...) bonds among themselves and others, and that the Zoo's conduct harms Happy in both physical and intangible ways.Furthermore, this brief argues that the lower courts in Lavery I and II applied the wrong philosophical framework to the question of whether certain non-human animals should be considered legal persons. Instead of animal rights being based on the capacity to engage in a social contract and to bear legal duties, the proper framework for animal rights is the capabilities approach, which asks how the law can help animals like Happy not only live but thrive. Accordingly, this brief explains the importance of this appeal, the Court's opportunity to reform [End Page 15] the field of animal law, and the potential to release Happy from a life of captivity, ensuring she lives the rest of her life in a manner that respects her capabilities.iii. argument1. This Case Matters Because It Is Time to Reform the Law to Protect Our Modern Scientific and Philosophical Understanding That Many Animals Are Capable of Living Their Own Meaningful LivesModern science now recognizes a very important fact about many animals, including elephants. They are not merely biological units that simply need food and a suitable environment to survive and maintain a viable population. Today, scientists view many animals as beings capable of living their own meaningful lives. Early Indian and Roman cultures understood the complexity of animal lives and the implications of this complexity surrounding the humane treatment of animals; public awareness of this fact is widespread today. Almost all ancient Greek and Roman philosophical schools attributed complex forms of cognition and numerous emotions to animals,2 a precursor to our current laws against cruel practices to animals.What philosophy and, more recently, science have understood but the law has not, is that elephants are sentient beings who can feel emotion, foster relationships, create communities, and form a conception of the self. Our current legal system fails to respect species-specific, central capabilities. Although each of the fifty states has animal cruelty laws,3 these laws protect only a small number of animals and fail to constrain, to any meaningful extent, the widespread infliction of suffering. They ban only the intentional, purposeful suffering of some animals, and fail to recognize the impact that captivity, lack of relationships, and solitude cause a creature like Happy.This Court has the opportunity to create legal precedent that provides these living creatures the legal right to thrive and survive in ways that coincide with their specific capabilities, and prevent not only the infliction of physical pain, but emotional and psychological injury as well.2. The Magical Lives of ElephantsElephants are cognitive, complex creatures with distinct societies, emotions, and lives. They form societies that foster the wellbeing of each member, in which their emotions and development from childhood through adulthood are readily apparent.4 A combat staged between humans and elephants in 55 B.C. by the Roman leader Pompey paints a prime example of these complex emotions and connections with other animals, namely humans. Surrounded in the arena, the elephants perceived that they had no hope of escape. According to Pliny, the elephants then "entreated the crowd, trying to win its compassion with indescribable [End Page 16] gestures, bewailing their plight with a sort of lamentation."5 The audience, moved to pity and anger by their plight, rose to curse Pompey—feeling, wrote Cicero, that the elephants had a relation of commonality (societas) with humans.6 However, this connection with humans cannot be substituted for true, similar companionship from other elephants, which Happy has lacked for almost two decades.Elephants' ability to connect with other elephants and animals may be attributable to their long life spans; they are the most... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Wuthering Heights: The Romantic AscentMartha NussbaumI“If I were in heaven, Nelly,” she said, “I should be extremely miserable.”“I dreamt, once, that I was there.... [H]eaven did not seem to be my home; and I broke my heart with weeping to come back to earth; and the angels were so angry that they flung me out, into the middle of the heath on the top of Wuthering Heights, where I (...) woke sobbing for joy.” 1Cathy’s soul cannot live in the Christian heaven. For her soul, she explains, is the same as Heathcliff’s soul, and the heavenly soul of Linton is as different from theirs “as a moonbeam from lightning, or frost from fire” (p. 95). Much later, as she lies on her deathbed, now the wife of Edgar Linton, thinking the Linton thought that what she wants is an escape into “that glorious world” of paradise and peace, Heathcliff watches her with burning eyes. At last she calls to him:In her eagerness she rose and supported herself on the arm of the chair. At that earnest appeal he turned to her, looking absolutely desperate. His eyes, wide and wet, at last flashed fiercely on her; his breast heaved convulsively. An instant they held asunder, and then how they met I hardly saw, but Catherine made a spring, and he caught her, and they were locked in an embrace from which I thought my mistress would never be released alive: in fact, to my eyes, she seemed directly insensible. He flung himself into the nearest seat, and on my approaching hurriedly to ascertain if she had fainted, he gnashed at me, and foamed like a mad dog, and gathered her to him with greedy jealousy. I did not feel as if I were in the company of a creature of my own species: it appeared that he would not understand, though I spoke to him; so I stood off, and held my tongue, in great perplexity.(pp. 188–89) [End Page 362]Brontë’s description alludes to the imagery of the Christian ascent tradition. As in Augustine and Dante, love is a flame that animates the eyes, a lightning bolt that pierces the fog of our obtuse daily condition; as in that tradition, love’s energy causes the lover to leap away from the petty egoism of the daily into an ecstatic and mutually loving embrace. But we know we are far from the world of the Christian ascent, even its erotic Augustinian form. Cathy’s spring is not an upward, but a horizontal movement—not toward heaven, but toward her beloved moors and winds, severed from which she would find heaven miserable; not toward God but toward Heathcliff, the lover of her soul. Nor is there redemption into heaven in this work; there is, if anything, a redemption from a world dominated by the imagination of heaven, into a world that the pious Ellen Dean can recognize only as an animal world, a world inhabited by creatures of a different species, who probably do not understand language, so thoroughly are they identified with the energy of the body. A few hours after Cathy’s death Heathcliff, as Ellen Dean tells us, in a sudden “paroxysm of ungovernable passion,” dashes his head against the knotted trunk of a tree, splashing the bark with blood, “and, lifting up his eyes, howled, not like a man, but like a savage beast being goaded to death with knives and spears” (p. 197). It is in his world alone, it would seem, that flame is truly found. As Cathy said to Edgar Linton, “Your cold blood cannot be worked into a fever: your veins are full of ice-water; but mine are boiling, and the sight of such chillness makes them dance.”Brontë’s novel situates itself within a long tradition of writing about love and its ascent or purification. This tradition, inaugurated by Socrates’ description of the ladder of love in Plato’s Symposium, is continued by later Platonists, and radically reformulated by Christian thinkers, who stress, against Plato, the soul’s receptivity and vulnerability to the inscrutable operations of grace. In both the Platonic and... (shrink)

Theories of social justice are necessarily abstract, reaching beyond the particular and the immediate to the general and the timeless. Yet such theories, addressing the world and its problems, must respond to the real and changing dilemmas of the day. A brilliant work of practical philosophy, Frontiers of Justice is dedicated to this proposition. Taking up three urgent problems of social justice neglected by current theories and thus harder to tackle in practical terms and everyday life, Martha Nussbaum seeks (...) a theory of social justice that can guide us to a richer, more responsive approach to social cooperation. The idea of the social contract--especially as developed in the work of John Rawls--is one of the most powerful approaches to social justice in the Western tradition. But as Nussbaum demonstrates, even Rawls's theory, suggesting a contract for mutual advantage among approximate equals, cannot address questions of social justice posed by unequal parties. How, for instance, can we extend the equal rights of citizenship--education, health care, political rights and liberties--to those with physical and mental disabilities? How can we extend justice and dignified life conditions to all citizens of the world? And how, finally, can we bring our treatment of nonhuman animals into our notions of social justice? Exploring the limitations of the social contract in these three areas, Nussbaum devises an alternative theory based on the idea of capabilities. She helps us to think more clearly about the purposes of political cooperation and the nature of political principles--and to look to a future of greater justice for all. (shrink)

Should laws about sex and pornography be based on social conventions about what is disgusting? Should felons be required to display bumper stickers or wear T-shirts that announce their crimes? This powerful and elegantly written book, by one of America's most influential philosophers, presents a critique of the role that shame and disgust play in our individual and social lives and, in particular, in the law.Martha Nussbaum argues that we should be wary of these emotions because they are associated (...) in troubling ways with a desire to hide from our humanity, embodying an unrealistic and sometimes pathological wish to be invulnerable. Nussbaum argues that the thought-content of disgust embodies "magical ideas of contamination, and impossible aspirations to purity that are just not in line with human life as we know it." She argues that disgust should never be the basis for criminalizing an act, or play either the aggravating or the mitigating role in criminal law it currently does. She writes that we should be similarly suspicious of what she calls "primitive shame," a shame "at the very fact of human imperfection," and she is harshly critical of the role that such shame plays in certain punishments.Drawing on an extraordinarily rich variety of philosophical, psychological, and historical references--from Aristotle and Freud to Nazi ideas about purity--and on legal examples as diverse as the trials of Oscar Wilde and the Martha Stewart insider trading case, this is a major work of legal and moral philosophy. (shrink)

This book is a study of ancient views about 'moral luck'. It examines the fundamental ethical problem that many of the valued constituents of a well-lived life are vulnerable to factors outside a person's control, and asks how this affects our appraisal of persons and their lives. The Greeks made a profound contribution to these questions, yet neither the problems nor the Greek views of them have received the attention they deserve. This book thus recovers a central dimension of Greek (...) thought and addresses major issues in contemporary ethical theory. One of its most original aspects is its interrelated treatment of both literary and philosophical texts. The Fragility of Goodness has proven to be important reading for philosophers and classicists, and its non-technical style makes it accessible to any educated person interested in the difficult problems it tackles. This new edition features an entirely new preface by Martha Nussbaum. (shrink)

The Epicureans, Skeptics, and Stoics practiced philosophy not as a detached intellectual discipline but as a worldly art of grappling with issues of daily and urgent human significance. In this classic work, Martha Nussbaum maintains that these Hellenistic schools have been unjustly neglected in recent philosophic accounts of what the classical "tradition" has to offer. By examining texts of philosophers such as Epicurus, Lucretius, and Seneca, she recovers a valuable source for current moral and political thought and encourages us (...) to reconsider philosophical argument as a technique through which to improve lives. Written for general readers and specialists, The Therapy of Desire addresses compelling issues ranging from the psychology of human passion through rhetoric to the role of philosophy in public and private life. (shrink)

The cosmopolitan tradition begins with Diogenes, who claimed as his identity "citizen of the world." Martha Nussbaum traces the cosmopolitan ideal from ancient times to the present, weighing its limitations as well as merits. Using the capabilities approach, Nussbaum seeks to integrate the "noble but flawed" vision of world citizenship with cosmopolitanism's concern with moral and political justice for all.--.

During the 1970s and 1980s, legal precedent, governmental recommendations, and professional society guidelines drove the formation of hospital ethics committees (HECs). The Joint Commission on Accreditation of Health Care Organization’s requirements in the early 1990s solidified the role of HECs as the primary mechanism to address ethical issues in patient care. Because external factors drove the rapid growth of HECs on an institution-byinstitution basis, however, no initial consensus formed around the structure and function of these committees. There are now almost (...) 40 years of empirical studies on the composition, administration, and activities of HECs in the United States. We conducted a systematic review of the available empirical literature on HECs to describe their evolution. As HECs changed over time, they increased their total number of members and percentage of members from nursing and the community. Although physicians increasingly chaired these committees, their presence as a percentage of overall members declined. The percentage of administrative members remained steady, although committees became increasingly likely to have at least one administrative member. HECs were also increasingly likely to report to an administrative body or to the board of trustees or directors rather than to the medical staff. Finally, consultation volume increased steadily over time. There has not, however, been a national survey of the composition of ethics committees, their administration, or volume of consultation in more than 10 years, despite increasing calls for professional standards and quality improvement assessments among HECs. (shrink)

La idea de la Justicia es un libro escrito por Amartya Sen, el ganador del premio Nobel de Economía de 1998. Representa la síntesis de más de 50 años de su investigación académica. Consta de 18 capítulos, de los cuales los diez primeros se refieren a cuestiones teóricas sobre la justicia y los restantes a temas relacionados con la aplicación de los fundamentos en los cuales se basan los juicios sobre la justicia. Entre estos temas se encuentran como principales: las (...) libertades, las capacidades, los recursos, la felicidad, la igualdad y el bienestar. (shrink)

This book fundamentally challenges the radical credentials of post-structuralism. Though Derrida, Foucault and Deleuze claim to have 'deconstructed' metaphysics, their work has much in common with previous attempts to 'end' the metaphysical tradition, from Kant to Nietzshe and Heidegger, and by sociology in general. Gillian Rose shows that this anti-metaphysical writing always appears in historically specific jurisprudential terms, which themselves found and recapitulate metaphysical categories. She reconsiders post-structuralism in this light and assesses the relationship between deconstruction and the earlier (...) structuralism of Saussure and Levi-Strauss. She argues in conclusion that the choice between post-structuralist nihilism and Hegelian and Marxist dialectic is spurious. (shrink)

This book answers both the 'what' and the 'why' question raised by indexical shift in crosslinguistic perspective. What are the possible profiles of an indexical shifting language, and why do we find these profiles and not various equally conceivable others? Drawing both from the literature (published and unpublished) and from original fieldwork on the language Nez Perce, Amy Rose Deal puts forward several major generalizations about indexical shift crosslinguistically and present a theory that attempts to explain them. This account (...) has consequences for the way we think about the semantics of attitude verbs, the nature of contexts, the typology of first person, and the relationship between indexicals and logophors, of course along with numerous consequences for the analysis of particular languages (e.g. Nez Perce, Uyghur, Korean, English, Zazaki, Amharic, Mishar Tatar). The book contains numerous glossed examples from a range of languages (including a detailed description of Nez Perce indexical shift, based on original fieldwork, as described above); a bibliography; and an appendix providing grammatical background about Nez Perce. (shrink)

What did early national Americans mean when they articulated fears of those twin sins of a republic that idolized the classical virtues of manly self-restraint? This essay argues that the fear of luxury and effeminacy circulated not just as airy metaphor but as palpable reality, specifically in the figure of the female recumbent on the sofa. The article traces separately the careers of Enlightenment Venus, who especially in her recumbent form embodied fears of passion in a republic built on reasoned (...) consent, and the sofa, a piece of neoclassical furniture that rose to great popularity at this time and was envisioned as both effeminate and luxurious in fictional and nonfiction writing. The essay then joins the two figures of recumbent Venus and the sofa, showing how they were mutually enabling, and how they entered into early national conversations about labor and race. It concludes by examining how two educated American women, the self-described Roman matrons Mercy Otis Warren and Martha Bayard Smith, incorporated the image of the supine woman and her implied sofa into fictional writings about classical polities in danger. By knitting political ideologies, imaginative worlds, and neoclassical objects, the essay suggests a way for historians to flesh out the intellectual history of early national women, showing how they could participate in a conversation about modern politics and classical antiquity from which we have assumed they were largely disbarred. (shrink)

This article argues that political liberalism, of the type formulated by John Rawls and Charles Larmore and further developed in Amartya Sen and Martha Nussbaum's capabilities approach, is superior to more comprehensive political views both in domestic and in global affairs. Perfectionist liberalism as advocated by John Stuart Mill and Joseph Raz attempts to erase existing religions and replace them with the religion of utility or autonomy. This is wrong, because in the ethico-religious environment of reasonable disagreement that we (...) inhabit all comprehensive forms of political morality pose a threat to people's liberty and equality. Only thin and narrow conceptions of value like the ones suggested by Rawls, Larmore, Sen, and Nussbaum can guarantee the respect for diversity that is needed in a pluralistic world. Although Rawls famously failed to extend this idea from domestic to transnational matters, the argument of the article is that not only do the principles of political liberalism apply to global mat.. (shrink)

Francis Bacon’s call for philosophers to investigate nature and ‘‘join in consultation for the common good’’ is one example of a powerful vision that helped to shape modern science. His ideal clearly linked the experimental method with the production of beneficial effects that could be used both as ‘‘pledges of truth’’ and for ‘‘the comforts of life.’’ When Bacon’s program was implemented in the following genera- tion, however, the tensions inherent in his vision became all too real. The history of (...) the Royal Society of London, from its founding in 1660 to the 42-year presidency of Joseph Banks (1778–1820), shows how these tensions led to changes in the way in which both the experimental method and the ideal of the common good were understood. A more nuanced understanding of the problems involved in recent philosophical analyses of science in the public interest can be achieved by appreciating the complexity revealed from this historical perspective. (shrink)

_A bracing account of liberalism’s most radical critics introducing one of the most controversial movements of the twentieth century__ “Powerful.... Bracing.... Part of the book’s eerie relevance comes from the role Russia plays throughout.”—Ezra Klein, _New York Times___ “One of the best books I’ve read this year.... Its importance at this critical moment in our history cannot be overstated.”—Rod Dreher, ___American Conservative__ In this eye-opening book, Matthew Rose introduces us to one of the most controversial intellectual movements of the (...) twentieth century, the “radical right,” and discusses its adherents’ different attempts to imagine political societies after the death or decline of liberalism. Rose shows how such thinkers are animated by religious aspirations and anxieties that are ultimately in tension with Christian teachings and the secular values those teachings birthed in modernity. (shrink)

In this essay, Deborah Bird Rose takes up Val Plumwood's challenge that Western thought needs radical revitalization by pursuing the liveliness of the biosphere and human ontologies of connectivity. The first part looks at obstacles to the West's understanding of Earth as a place of lively, interactive connectivities that promote diversity, complexity, and relationality. In this context Rose offers a brief overview of Indigenous animisms. The second part explores the question of liveliness. It is taken as given that (...) the West now seeks ontological legitimacy in science, and so this discussion focuses on what biological scientists have contributed to contemporary ontology wars. The third part examines trauma in the Garden of Eden narrative, highlighting both the disaster of the story and its continuing relevance. Drawing on the work of theologians, in particular, Rose seeks in this section to recuperate a mythic foundation for a Western animism from within that great site of loss. (shrink)

In Life Beyond the Gene, Steven Rose offers a theory of life which insists that we as humans -- and indeed all living creatures -- create our own futures, though in circumstances not of our own choosing. Placing the organism at the center of life, Rose confronts the ideology of reductionism and ultra-Darwinism, with its insistence that all aspects of human life from sexual preference to infanticide, political orientation to violence, male domination to alcoholism, are in our genes (...) and are the inevitable consequences of natural selection. These claims, Rose asserts, are not only socially naive, but fundamentally misunderstand the active and irreducible nature of living processes. Rose argues that life depends on the elaborate web of interactions that occur within cells, organisms, and ecosystems, in which DNA has one part to play. From early in their development, living organisms have to be capable of quasi-independent existence while growing to maturity. If we are to understand life, we must recapture an understanding of the entire living organism and its trajectory through time and space. Rose calls these trajectories lifelines. Provocative and incisive, Life Beyond the Gene provides a compelling response to those enthusiasts of the gene who would deny the complexity of life. (shrink)

This chapter contains sections titled: The Absence of the Ethical Reflective Equilibrium Straightness and Surprise Perception and Method Perception and Love Literary Theory and Ethical Theory.

It can be really hard—or really easy—to explain what I do for a living. Chaplains share academic training with clergy, but we complete clinical residencies and work in health care organizations. Our affinities are with the patient and family, but we may also chair the ethics committee or serve on the institutional review board, and we spend a lot of time with staff. We must demonstrate a relationship with an established religious tradition, but we serve patients of all faiths, and (...) of no faith, and seek to protect patients against proselytizing. We provide something that may be called “pastoral” care, “spiritual” care, or just “chaplaincy”—but even among ourselves, we do not always agree about what that thing is. (shrink)

After years of relative neglect, experimental science has once again become an object of scrutiny. Philosophers such as Hacking and Cartwright have examined contemporary science in an attempt to display the epistemic status of experimental results, while sociologists such as Shapin and Schaffer have focussed on historical cases in an attempt to display the conventional basis of experimentation. In this study I am concerned with the epistemological question: How can one justify the claim that it is rational to believe that (...) the methods of experimental science yield knowledge about the unobserved causal structures of our world? My answer to this question is produced by way of an historical analysis and philosophical retrieval of Robert Boyle's epistemological defense of experimental science. ;The first two chapters examine contemporary issues surrounding experimental science, particularly those challenges posed to its knowledge-producing ability by philosophical instrumentalists and sociological constructionists. I then turn to an examination of Boyle's version of experimental philosophy, which includes a detailed discussion of the background traditions from which he drew in its formulation, and his response to critics of experimentation, such as Hobbes and Spinoza. ;Boyle's work is not only historically important, but is philosophically significant in light of the fact that he developed epistemological strategies in defense of experimental techniques at a time when it was not clear that experimentation would become the standard of modern science. His philosophy is characterized as a sophisticated and complex method that employs the elements of inductive, retroductive, and hypothetico-deductive reasoning. This combination, he argues, yields a system of checks and balances on sense, reason, and ideology that, while fallible, offers us the best assurance that we have of coming closer to the truth about the processes operative in our world. ;In a concluding chapter it is argued that Boyle's philosophy of science, by virtue of its richness and complexity, is sufficient to respond to the general challenges to scientific objectivity posed by sociologists of knowledge, and the more specific challenges to the realist import of the theoretical claims of experimental science posed by philosophers such as Laudan and van Fraassen. (shrink)