The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection: women, racial minorities, and gays and lesbians. The United States Supreme Court calls these groups 'suspect classes'. Laws that discriminate against them are generally unconstitutional. While this is a familiar account of equal protection jurisprudence, this book argues that this approach suffers from hitherto unnoticed normative and political problems. The book elucidates a competing, extant interpretation of equal protection jurisprudence that avoids these problems. (...) The interpretation is not concerned with suspect classes but rather with the kinds of reasons that are already inadmissible as a matter of constitutional law. This alternative approach treats the equal protection clause like any other limit on governmental power, thus allowing the Court to invalidate equality-infringing laws and policies by focusing on their justification rather than the identity group they discriminate against. (shrink)

Rights -- Justification in theory -- Justification in practice.

Should a liberal constitution constrain the racially discriminatory actions of state as well as nonstate employers? This essay answers in the affirmative, arguing that once we take seriously the right to nondiscrimination on the basis of race in terms of employment, we realize that such a constitution must constrain the actions of both. In doing so, this essay draws from John Rawls’s four-stage sequence, a sequence that suggests one way philosophical principles translate into constitutional design. A Theory of Justice is (...) the go-to theory for a wide range of political issues from a perspective of liberal theory, but scholars have paid less attention to it and comparative constitutional law. I take up this neglected inquiry by focusing on the distinction between the horizontal and vertical effect of a right not to be discriminated against on the basis of race in matters of employment. My analysis draws from the United States Constitution and the Constitution of the Republic of South Africa. A vertical effect constrains state power: a right to nondiscrimination is violated only when a state or public body discriminates on the basis of race. A horizontal effect constrains nonstate actors: a private employer may violate rights by discriminating on the basis of race. I argue that, in line with the South African Constitution, Rawls importantly adopts a horizontal effect of the right not to be discriminated against on the basis of race by ensuring formal equality of opportunity. His theory of justice suggests that a liberal constitution ought to constrain the racially discriminatory actions of both state and nonstate employers. This, in turn, represents an important response to racism that occurs in the private sphere. (shrink)

Central to the freedom of association is the freedom to exclude. In fact, American constitutional law permits associations to discriminate on otherwise prohibited grounds, a principle of expressive discrimination or what I call "expressive exclusion." However, we lack a complete normative defense of it. Too often, expressive exclusion is justifi ed as a simple case of religious accommodation, or a simple case of freedom of association or speech—justifi cations that are defi cient. I argue that expressive exclusion is essential in (...) creating genuine space for democratic dissent. It stands at the intersection of speech, association, and democracy. (shrink)

Central to the freedom of association is the freedom to exclude. In fact, American constitutional law permits associations to discriminate on otherwise prohibited grounds, a principle of expressive discrimination or what I call "expressive exclusion." However, we lack a complete normative defense of it. Too often, expressive exclusion is justifi ed as a simple case of religious accommodation, or a simple case of freedom of association or speech—justifi cations that are defi cient. I argue that expressive exclusion is essential in (...) creating genuine space for democratic dissent. It stands at the intersection of speech, association, and democracy. (shrink)

ABSTRACT Because of the irresolvable disagreement between the Federalists and Anti-Federalists, the U.S. Constitution both embodies value pluralism and has encouraged it ever since its adoption. Rather than ignoring the nation-centered, dynamic ideas of the Federalists or the state-centered, static ideas of the Anti-Federalists, the Constitution incorporated both views, giving rise to plentiful opportunities for interpretive disagreements that have not, however, stood in the way of the interpreters’ shared commitment to the document itself. In this respect, the Constitution and constitutional (...) law model the politics of pluralism. (shrink)

This paper traces the manner in which the word ‘psychotherapy’ was invented and how it became taken up and disseminated in the English-, French- and German-speaking medical worlds at the end of the 19th century. It explores how it was used as an appellation for a variety of practices, and then increasingly became perceived as a distinct entity in its own right. Finally it shows how the fate of the word ‘psychotherapy’ enables Freud’s invention of ‘psychoanalysis’ to be located.

In a sex selective abortion, a woman aborts a fetus simply on account of the fetus’ sex. Her motivation or underlying reason for doing so may very well be sexist. She could be disposed to thinking that a female child is inferior to a male one. In a hate crime, an individual commits a crime on account of a victim’s sex, race, sexual orientation or the like. The individual may be sexist or racist in picking his victim. He or she (...) could be disposed to thinking that one race or sex is inferior to another. I argue that while a prohibition on sex selective abortions is anomalous in a liberal, criminal legal framework, hate crime legislation may not be. The former but not the latter constitutes a thought crime. I define a thought crime as one where an agent’s motivation is not just relevant but sufficient to take an act from the domain of the non-punishable to the domain of the punishable. Ignoring a woman’s sexist motivation in procuring an abortion suddenly renders her act of abortion legal. On the other hand, discounting an agent’s bias in committing a hate motivated assault or murder does not transform the act from a punishable one to a non-punishable one. Assaulting or murdering is already a crime. (shrink)

I. Singminji sigi p'yŏn -- II. Chŏnhwan'gi ŭi iron oe.

How did psychoanalysis attain its prominent cultural position? How did it eclipse rival psychologies and psychotherapies, such that it became natural to bracket Freud with Copernicus and Darwin? Why did Freud 'triumph' to such a degree that we hardly remember his rivals? This book reconstructs the early controversies around psychoanalysis and shows that rather than demonstrating its superiority, Freud and his followers rescripted history. This legend-making was not an incidental addition to psychoanalytic theory but formed its core. Letting the primary (...) material speak for itself, this history demonstrates the extraordinary apparatus by which this would-be science of psychoanalysis installed itself in contemporary societies. Beyond psychoanalysis, it opens up the history of the constitution of the modern psychological sciences and psychotherapies, how they furnished the ideas which we have of ourselves and how these became solidified into indisputable 'facts'. (shrink)

In this article we introduce an argument developed in Borch-Jacobsen and Shamdasani (2006). We attempt to draw some consequences from several decades of work in Freud history. We argue that such work has had the cumulative effect of showing up the legendary nature of Freud's epistemology, and has demonstrated the direct linkages between his interpretive procedures and rewriting of history. The Freud legend was by no means a supplementary accessory which accompanied substantive advances, akin to the legend of Newton's apple: (...) rather, it was constitutive of the very identity of psychoanalysis, and enabled its differentiation from rival psychologies and psychotherapies, and promoted the claim that it formed the only viable science of mind and the most advanced form of psychotherapy. Historical research enables one to grasp the legendary nature of Freud's achievement. (shrink)

Exegetical works on Buddhist doctrines and philosophies according to the interpretation of Sa-skya-pa sect.

Predominantly on Tibetan Buddhist doctrines and philosophy.

We investigate the compatibility of I0\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$I_0$$\end{document} with various combinatorial principles at λ+\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\lambda ^+$$\end{document}, which include the existence of λ+\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\lambda ^+$$\end{document}-Aronszajn trees, square principles at λ\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\lambda $$\end{document}, the existence of good scales at λ\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\lambda $$\end{document}, stationary reflections (...) for subsets of λ+\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\lambda ^{+}$$\end{document}, diamond principles at λ\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\lambda $$\end{document} and the singular cardinal hypothesis at λ\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\lambda $$\end{document}. We also discuss whether these principles can hold in L\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$L$$\end{document}. (shrink)

This book is parapsychological study of the meaningful coincidence of events, extrasensory perception, and similar phenomena.

Edmund Husserl published in his lifetime only works which represent a compilation of individual phenomenological analyses or which have the character of an introduction to his phenomenology. It always made him uneasy that he did not publish any systematic work in phenomenology. In his later years, from the beginning of the 1920s, he tried several times to write such a work, but in vain. The masterplan for this work, which his assistant Eugen Fink sketched out in 1930/31 is preserved. According (...) to this plan, the Phänomenologie der Instinkte has attracted very little attention in Husserl studies until now, takes a central and fundamental position in the whole system of his mature transcendental phenomenology. In this book, Nam-In Lee reconstructs the Phänomenologie der Instinkte on the basis of the already published works and, above all, of the unpublished manuscripts of Husserl. Moreover, he draws out the consequences which the Phänomenologie der Instinkte bears for the whole system of phenomenology. Transcendental phenomenology, in its form of a genetic phenomenology of which the Phänomenologie der Instinkte is the concluding part, can, according to him, no longer be considered as one-sided philosophy of consciousness in the traditional sense, as it has often been thought of hitherto. Thus, the author presents a new face of phenomenology; one which has scarcely been noticed in the field of Husserl studies until now. (shrink)

The life-world is a central topic of Husserl’s phenomenology. He addresses this issue in some of the works published during his lifetime and attempts to analyze the life-world extensively in many of his works and posthumously published research manuscripts. The life-world is one of the topics that have been discussed most extensively in phenomenology. However, there are many misunderstandings of Husserl’s phenomenology of the life-world. One misunderstanding concerns the variety of concepts of the life-world in Husserl and the possibility of (...) developing various fields of the phenomenology of the life-world. It is the aim of this paper to show that Husserl has a pluralistic concept of the life-world, which makes it possible to develop various fields of the phenomenology of the life-world. I will introduce the monistic view and the pluralistic view of the concept of the life-world in Husserl and will clarify what the life-world is, thereby showing that the monistic view of the concept of the life-world in Husserl is not legitimate. However, even though Husserl has a pluralistic concept of the life-world, nowhere does he systematically clarify the various concepts of the life-world. Hence I will sort out and clarify various concepts of the life-world such as the narrower concept and the wider concept, the general concept and the particular concept, the natural concept and the transcendental concept, and the empirical concept and the eidetic concept. Based on the discussion of the various concepts of the life-world in Husserl, I will assess the monistic view and the pluralistic view of Husserl’s concept of the life-world so that we can better understand his various concepts of the life-world. (shrink)

Collection of lectures delivered by author at Beijing University on Buddhist philosophy and its relevant questions/answers.

Philosophical meditation and images of science.

Lecture on pursuing proper undertsanding of Buddhist moral ethics versus scientific education.

Commentary on Sa-skya Paṇḍita Kun-dgaʼ-rgyal-mtshanʼs Tshad ma rigs gter, treatise on Buddhist logic.

Commentary on the Tshad ma rigs gter of Sa-skya Paṇḍita Kun-dgaʾ-rgyal-mtshan; dealing with Buddhist logic.

Psychoanalysis has transformed our culture. We constantly use and refer to ideas from psychoanalysis, often unconsciously. Psychology, philosophy, politics, sociology, women's studies, anthropology, literary studies, cultural studies, and other disciplines have been permeated by the competing schools of psychoanalysis. But what of psychoanalysis itself? Where is it going one hundred years after Freud's own speculations took shape? Does it still have a role to play in cultural debate, or should it perhaps be abandoned? Speculations After Freud confronts the dilemmas of (...) contemporary psychoanalysis by bringing together some of the most influential and best known writers on psychoanalysis, philosophy and culture. The advocates and critics of psychoanalysis, both institutional and theoretical, critically appraise the powerful role psychoanalytic speculation plays in all areas of culture. (shrink)

This collection of essays at the juncture between psychoanalysis, philosophy, and cultural studies questions the future of a discipline which has emerged from the intimate experience of therapy to exert a powerful hold over contemporary culture.Psychoanalysis has transformed our culture. We constantly use and refer to ideas from psychoanalysis, often unconsciously. Psychology, philosophy, politics, sociology, women's studies, anthropology, literary studies, cultural studies, and other disciplines have been permeated by the competing schools of psychoanalysis. But what of psychoanalysis itself? Where is (...) it going one hundred years after Freud's own speculations took shape? Does it still have a role to play in cultural debate, or should it perhaps be abandoned?Speculations After Freud confronts the dilemmas of contemporary psychoanalysis by bringing together some of the most influential and best known writers on psychoanalysis, philosophy and culture. The advocates and critics of psychoanalysis, both institutional and theoretical, critically appraise the powerful role psychoanalytic speculation plays in all areas of culture. (shrink)

"From The collected works of C.G. Jung, volumes 4, 8, 12, 16"--P. [i].

Background Nurses providing care to patients with end-of-life or terminal illnesses often encounter ethically challenging situations leading to moral distress. However, existing quantitative studies have examined moral distress using instruments that address general clinical situations rather than those specific to end-of-life care. Furthermore, qualitative studies have often been limited to participants from a single unit or those experiencing moral distress-induced circumstances. A comprehensive and integrated understanding of the overarching process of moral distress is vital to discern the unique circumstances surrounding (...) end-of-life care and its consequential impacts. Research objectives To explore the moral distress experiences of nurses who are frequently involved in caring for patients with end-of-life or terminal illnesses and apply it to two existing theories: the model of moral distress and the ecological model. Research design A qualitative descriptive approach was employed. Participants and research context Seven focus group interviews involving 30 nurses were performed. The subsequent transcriptions underwent rigorous content analysis. Ethical considerations We obtained Institutional Review Board approval from a university. Focus group interviews were conducted with nurses who agreed to participate and signed the consent form. Findings The moral distress-inducing factors and nurses’ perceived impact of moral distress were identified and categorized based on moral distress theories and ecological models. A total of 15 categories and 30 subcategories across the following 4 domains were derived: (1) intrapersonal, (2) interpersonal, (3) organizational, and (4) structural factors. Conclusions End-of-life-specific circumstances induced moral distress among nurses, with both negative and positive impacts identified. Effective organizational and policy support is essential to manage conflicts, form a healthy organizational culture, provide training, and prevent unnecessary expenses due to the negative consequences of moral distress. (shrink)

The so-called “Baldwin Effect” has been studied for years in the fields of Artificial Life, Cognitive Science, and Evolutionary Theory across disciplines. This idea is often conflated with genetic assimilation, and has raised controversy in trans-disciplinary scientific discourse due to the many interpretations it has. This paper revisits the “Baldwin Effect” in Baldwin’s original spirit from a joint historical, theoretical and experimental approach. Social Heredity – the inheritance of cultural knowledge via non-genetic means in Baldwin’s term – is also taken (...) into consideration. I shall argue that the Baldwin Effect can occur via social heredity without necessity for genetic assimilation. Computational experiments are carried out to show that when social heredity is permitted with high fidelity, there is no need for the assimilation of acquired characteristics; instead the Baldwin Effect occurs as promoting more plasticity to facilitate future intelligence. The role of mind and intelligence in evolution and its implications in an extended synthesis of evolution are briefly discussed. (shrink)

The so-called Baldwin Effect generally says how learning, as a form of ontogenetic adaptation, can influence the process of phylogenetic adaptation, or evolution. This idea has also been taken into computation in which evolution and learning are used as computational metaphors, including evolving neural networks. This paper presents a technique called evolving self-taught neural networks – neural networks that can teach themselves without external supervision or reward. The self-taught neural network is intrinsically motivated. Moreover, the self-taught neural network is the (...) product of the interplay between evolution and learning. We simulate a multi-agent system in which neural networks are used to control autonomous agents. These agents have to forage for resources and compete for their own survival. Experimental results show that the interaction between evolution and the ability to teach oneself in self-taught neural networks outperform evolution and self-teaching alone. More specifically, the emergence of an intelligent foraging strategy is also demonstrated through that interaction. Indications for future work on evolving neural networks are also presented. (shrink)