This paper provides a critical analysis of Martin Loughlin's pure theory of public law as developed in his more recent work. I argue that the pure theory makes a series of errors and rests on a set of assumptions that make it inappropriate to provide the legal framework for any social‐democratic polity. Specifically, the theory concedes too much latitude to the functional needs of the state and organised politics, and pays too little deference to processes of political opinion and will (...) formation in civil society. As such, it only succeeds in establishing law's connection to the public realm, at the cost of effacing its internal relationship to the rule of law and democracy. (shrink)

It is strange to write for the pages of this journal a statement which will not come under the eye of its founding editor, Sheldon Sacks. For nearly five years everything that appeared in Critical Inquiry—articles, critical responses, editorial comments—was a matter of painstaking and passionate concern to Shelly Sacks. With a flow of questions and suggestions and a talent for unabashed cajolery, he generated articles and rejoinders to those articles. He worked tirelessly in editorial consultation and correspondence with (...) contributors, especially young writers, helping them to discover the best way of giving form to their ideas. Among the essays submitted to this journal he searched eagerly, even anxiously, for those which seemed, in his words, "right for C.I." What was right for C. I. was never, for Shelly Sacks, a cut-and-dried choice. In his own intellectual life, in his teaching and writing, he delighted in arguing important general questions: theories of representation in the arts, points of possible intersection between linguistic science and literary criticism, the interplay of social forces and cultural expressions. Not surprisingly, in reconnoitering for Critical Inquiry, he found special satisfaction in identifying writers who shared his passion for reexamining fundamental topics in the intellectual disciplines. If such writers made their case forcefully, so much the better: in choosing an essay for publication he assessed its capacity to stimulate interesting counterargument. At no time, however, did Shelly Sacks confuse his own beliefs with the nature of intellectual discourse. As an editor he was hospitable to writers whose premises he questioned and whose conclusions he deplored. Nor did Shelly attempt to achieve a spurious catholicity by following a quiet quota system designed to give each major line of interpretation—deconstructionist, Marxist, psychoanalytic, what have you—an occasional airing in Critical Inquiry. For Shelly each article stood on its own ground: if its author dealt responsibly and freshly with an interesting problem, that was enough. And, along with his commitment to theoretical inquiry, he responded warmly to the personal, the offbeat, the idiosyncratic. He regarded the feature Artists on Art, for example, as a central element in our design. As an editor Sheldon Sacks was above all a shaper. He labored to find and suggest connections in the phenomena of intellectual life. Even the construction of a table of contents for a typical Critical Inquiry issue became for him an opportunity to influence the reader's experience of what we offered. The eminence of an author or the allure of a title were put to one side as Shelly sought to orchestrate, through placement, a kind of intellectual counterpoint from one essay to another. Unheard melodies, doubtless, for many of us, but for Shelly real and sustaining. In this valedictory note we have spoken of Sheldon Sacks' editorial accomplishment—in our friendly view, a very distinguished one—rather than of the personal qualities which made working alongside him an exhilarating experience. We should report, however, that for more than half the life of this journal Shelly was ill and knew that the time available to him was likely to be relatively brief. Faced with this diminishing perspective, he did not—indeed it is more accurate to say he could not—moderate his involvement with the life of this journal. At his death, as at the launching of this enterprise, he held to the high ambition that Critical Inquiry encourage comeliness, vigor, and continuity in the discourse of our time. The appropriate "critical response" to this great loss is that Sheldon Sacks’ editorial colleagues, and our publisher, the University of Chicago Press, pledge whatever talents and energies we possess to the continuing life of the journal he imagined and brought into being. (shrink)

In ‘What's Wrong with Speciesism?’, Shelly Kagan sketches an account on which both actually being a person and possibly being a person are relevant to one's moral status, labelling this view ‘modal personism’ and supporting its conclusions with appeals to intuitions about a range of marginal cases. I tender a pessimistic response to Kagan's concern about motivating modal personism: that is, of being able to ‘go beyond the mere appeal to brute intuition, eventually offering an account of why modal (...) personhood should matter in the ways we may intuitively think that it does.’. (shrink)

Aristotle saw ethics as a habit that is modeled and developed though practice. Shelly's Victor Frankenstein, though well intentioned in his goals, failed to model ethical behavior for his creation, abandoning it to its own recourse. Today we live in an era of unfettered mergers and acquisitions where once separate and independent media increasingly are concentrated under the control and leadership of the fictitious but legal personhood of a few conglomerated corporations. This paper will explore the impact of mega-media (...) mergers on ethical modeling in journalism. It will diagram the behavioral context underlying the development of ethical habits, discuss leadership theory as it applies to management, and address the question of whether the creation of mega-media conglomerates will result in responsible corporate citizens or monsters who turn on their creators. (shrink)

Social relationships are intricately tied to health and well-being and people are motivated to form and maintain interpersonal bonds. While it is clear that social relationships can be highly rewarding, it is equally clear that social relationships or the lack thereof can be the source of much distress. In this article a conceptualization of social motivation that reflects the basic necessity for people to simultaneously manage approaching the incentives and avoiding the threats in social relationships is presented. We then review (...) evidence that the strength of approach and avoidance social motives and goals is strongly linked to social outcomes through several behavioral, cognitive, and affective processes. (shrink)

This important book charts the development of philosophical thinking about history over the past 250 years, combining extracts from key texts with new explanatory and critical discussion. The book is designed to make the work of thinkers such as Hume, Herder, Hegel, Dilthey, Nietzsche, Heidegger and Foucault accessible to students with no prior knowledge of Western philosophy. An introductory section is followed by nine further chapters exploring contrasting schools of thought. The volume reveals the origins of contemporary trends in the (...) discipline and relates wider philosophical reflections to the study of history itself. It also points to connections between philosophy of history and literary and cultural theory which have developed in recent decades. (shrink)

In this article, the author explores the gendered dynamics of “grinding,” sexualized dancing common at college parties. Drawing on the observations of student participant observers, the author describes the common script for initiating this behavior. At these parties, men initiated more often and more directly than women, whose behaviors were shaped by a sexual double standard and relational imperative. The heterosexual grinding script enacts a gendered dynamic that reproduces systematic gender inequality by limiting women’s access to sexual agency and pleasure, (...) privileging men’s pleasure and confirming their higher status. (shrink)

Most people believe that there are limits to the sacrifices that morality can demand. Although it would often be meritorious, we are not, in fact, morally required to do all that we can to promote overall good. What's more, most people also believe that certain types of acts are simply forbidden, morally off limits, even when necessary for promoting the overall good. In this provocative analysis Kagan maintains that despite the intuitive appeal of these views, they cannot be adequately defended. (...) In criticizing arguments for limited moral requirements as well as those for unconditionally prohibited acts, Kagan offers a sustained attack on two of the most basic features of ordinary common sense morality. (shrink)

governed by Newtonian laws. In standard quantum mechanics only the wave function or the results of measurements exist, and to answer the question of how the classical world can be part of the quantum world is a rather formidable task. However, this is not the case for Bohmian mechanics, which, like classical mechanics, is a theory about real objects. In Bohmian terms, the problem of the classical limit becomes very simple: when do the Bohmian trajectories look Newtonian?

The Movimiento Autonomo de Mujeres in Nicaragua - birthed in part from the Sandinista Revolution of the 1980s - represents one of the largest, most diverse, and most autonomous women's movements in all of Latin America. While it's true that scholars across a wide range of disciplines have written invariably about this social movement what remains missing from this body of work is scholarship aimed at understanding, specifically, the psychology of resistance; in other words, what are the psychological mechanisms and (...) methodologies that emerge from the margins that determine the kind of social action that revolutionizes societies? Investigating the psychosocial processes behind resistance is critical to understanding a commitment to justice and the development of subjectivity necessary for enacting the political activity required for social transformation. Psychology, in particular, as author Shelly Grabe argues, is positioned to engage in a systematic exploration of the links between social and political conditions that determine how, why, and under what circumstances resistance emerges. Narrating a Psychology of Resistance documents the first-hand accounts of the Nicaraguan women's Movimiento: a coordinated mobilization of women that has weathered unremitting power differentials characterized by patriarchy and capitalism. In this collection of testimonios, Grabe gives voice to these extraordinary women and closely examines how psychological processes that emerge in response to sociopolitical oppression can lead to gendered justice and the revolutionizing of societies at large. ". (shrink)

Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.

Ocular gene transfer clinical trials are raising hopes for blindness treatments and attracting media attention. News media provide an accessible health information source for patients and the public, but are often criticized for overemphasizing benefits and underplaying risks of novel biomedical interventions. Overly optimistic portrayals of unproven interventions may influence public and patient expectations; the latter may cause patients to downplay risks and over-emphasize benefits, with implications for informed consent for clinical trials. We analyze the news media communications landscape about (...) ocular gene transfer and make recommendations for improving communications between clinicians and potential trial participants in light of media coverage. (shrink)

In this article, I explore the witness of Mary Magdalene for its potential to contribute to discussions of survival and healing taking place in discourses of trauma. Through a reading of the Johannine text and an examination of Hans Urs von Balthasar’s depiction of Mary’s witness in Heart of the World, I claim that the obstructions of Mary’s witness are constitutive of what it means to witness between cross and resurrection. Through her ‘unseeing’, she testifies to the unique configuration of (...) divine love between death and life. Mary’s witness not only provides an entrance into thinking about the experience of ‘middleness’ in trauma, it opens up a rich pneumatology in the wake of the cross. (shrink)

Theories of discourse bring to realism new ideas about how knowledge develops and how representations of reality are influenced. We gain an understanding of the conceptual aspect of social life and the processes by which meaning is produced. This collection reflects the growing interest realist critics have shown towards forms of discourse theory and deconstruction. The diverse range of contributions address such issues as the work of Derrida and deconstruction, discourse theory, Eurocentrism and poststructuralism. What unites all of the contributions (...) is a sense that it is essential to provide a realist alternative to the hitherto dominance of social constructionism, hermeneutics and postmodernism, over many of the issues discussed. By developing a realist perspective the different authors attempt to embed discourse within the structured nature of the reality of the world. Realism can situate language, discourse and ideology within context specific, or 'causally efficacious' circumstances. Realism can help to uncover issues of power, representation, and subjectivity and how discursive and other social practices produce real effects. This can help us understand the manner in which social structures are reproduced through various forms of ideology and discourse. And by knowing this, we can start to address questions concerning human emancipation and how the world is to be transformed. (shrink)

Cover -- Half Title -- Title -- Copyright -- Dedication -- Contents -- Acknowledgments -- 1 Preliminaries -- 1.1 What Normative Ethics Is -- 1.2 What Normative Ethics Is Not -- 1.3 Defending Normative Theories -- 1.4 Factors and Foundations -- PART I FACTORS -- 2 The Good -- 2.1 Promoting the Good -- 2.2 Well-Being -- 2.3 The Total View -- 2.4 Equality -- 2.5 Culpability, Fairness, and Desert -- 2.6 Consequentialism -- 3 Doing Harm -- 3.1 Deontology -- (...) 3.2 Thresholds -- 3.3 The Scope of the Constraint -- 3.4 Doing and Allowing -- 3.5 Intending Harm -- 4 Other Constraints -- 4.1 Lying -- 4.2 Promises -- 4.3 Special Obligations -- 4.4 Conventions -- 4.5 Duties to Oneself -- 5 Further Factors -- 5.1 Demanding Too Much -- 5.2 Options -- 5.3 Rights -- 5.4 Interaction -- PART 2 FOUNDATIONS -- 6 Teleological Foundations -- 6.1 Foundational Theories -- 6.2 Egoism -- 6.3 Virtues -- 6.4 Act Consequentialism -- 6.5 Rules -- 7 Deontological Foundations -- 7.1 Contractarianism -- 7.2 Universalizability -- 7.3 The Ideal Observer -- 7.4 Reflection -- 7.5 Foundational Pluralism -- 7.6 Possibilities -- Suggested Readings -- References -- About the Book and Author -- Index. (shrink)

Shelly Kagan argues for a hierarchical position in animal ethics where people count more than animals do, and some animals count more than others. In arguing for his account of morality, Kagan sets out what needs to be done to establish our obligations toward animals and to fulfil our duties to them.

R. Marie Griffith and Sarah Coakley suggest that feminist ecumenism across the evangelical-liberal spectrum is valuable for feminist studies of religion and theologies. In this context, I trace the conversation that has arisen around the idea of adopting ‘submission’ vis-à-vis the Christian notion of kenosis, and turn it in a new direction. I argue that Coakley’s apophatically cruciform understanding of submission in contemplative prayer contrasts with womanist approaches like that of Delores Williams. Drawing on Williams’ considerations of atonement and Friedrich (...) Schleiermacher’s understanding of prayer, I offer ‘incarnational submission’ as a way to acknowledge the value of prayerful submission while avoiding its potentially oppressive features. (shrink)

I suggest that it is beneficial for Christian feminist theologians to affirm divine personhood on the basis of the revelation of God in the person of Jesus Christ. Doing so allows feminist theologians to connect the doctrines of God and Christ within systematic theologies. Moreover, by affirming divine personhood in concert with an extension of Friedrich Schleiermacher’s transcendental reasoning about redemption, feminists could contribute to the disruption of sexist ecclesial belief and practice. I examine Schleiermacher’s account and rejection of Nazareanism, (...) Manicheanism, Pelagianism, and Docetism, inferring from them four marks of personhood as conditions for the possibility of redemption. These include the communicability of difference, material activity, differentiated relationality, and discerning attention with circumscribed ineffability. In this way, I link feminist anthropologies with Christologically regulated soteriological claims vis-à-vis the doctrine of God. (shrink)

Robert Stern investigates how scepticism can be countered by using transcendental arguments concerning the necessary conditions for the possibility of experience, language, or thought. He shows that the most damaging sceptical questions concern neither the certainty of our beliefs nor the reliability of our belief-forming methods, but rather how we can justify our beliefs.

Witnessing Whiteness invites educators to consider what it means to be white, describes and critiques strategies used to avoid race issues, and identifies the detrimental effect of avoiding race on cross-race collaborations. The author illustrates how racial discomfort leads white educators toward ineffective teaching pedagogy and poor relationships with students and colleagues of color. Questioning the implications our history has for educational institutions, school reform efforts, and diversity initiatives, this book considers political, economic, socio-cultural, and legal histories that shaped the (...) meanings associated with whiteness. Drawing on dialogue with well-known figures within education, race, and multicultural work, the book offers intimate, personal stories of cross-race friendships that address both how a deep understanding of whiteness supports cross-race collaboration and the long-term nature of the work of excising racism from the deep psyche. Concluding chapters offer practical information on building knowledge, skills, capacities, and communities that support anti-racism practices, a hopeful look at our collective future, and a discussion of how to create a culture of witnessing educators who support allies for social and racial justice. (shrink)

Witnessing Whiteness invites readers to consider what it means to be white, describes and critiques strategies used to avoid race issues, and identifies the detrimental effect of avoiding race on cross-race collaborations. The author illustrates how racial discomfort leads white people toward poor relationships with people of color. Questioning the implications our history has for personal lives and social institutions, the book considers political, economic, socio-cultural, and legal histories that shaped the meanings associated with whiteness. For book discussion groups and (...) workshop plans, please visit www.witnessingwhiteness.com. (shrink)

This new edition explains why developing an anti-racist white identity is an important part of cultivating an effective antiracist practice and is a necessary part of subverting the weaponizing of white identity cultivated by the far right.

According to the dominant philosophical tradition, intrinsic value must depend solely upon intrinsic properties. By appealing to various examples, however, I argue that we should at least leave open the possibility that in some cases intrinsic value may be based in part on relational properties. Indeed, I argue that we should even be open to the possibility that an object''s intrinsic value may sometimes depend (in part) on its instrumental value. If this is right, of course, then the traditional contrast (...) between intrinsic value and instrumental value is mistaken. (shrink)

There is one thing we can be sure of: we are all going to die. But once we accept that fact, the questions begin. In this thought-provoking book, philosophy professor Shelly Kagan examines the myriad questions that arise when we confront the meaning of mortality. Do we have reason to believe in the existence of immortal souls? Or should we accept an account according to which people are just material objects, nothing more? Can we make sense of the idea (...) of surviving the death of one’s body? If I won’t exist after I die, can death truly be _bad_ for me? Would immortality be desirable? Is fear of death appropriate? Is suicide ever justified? How should I _live_ in the face of death? Written in an informal and conversational style, this stimulating and provocative book challenges many widely held views about death, as it invites the reader to take a fresh look at one of the central features of the human condition—the fact that we will die. (shrink)

For the past several decades, coordinated efforts from within the women’s social movement in Perú have led to groundbreaking legislation surrounding gender equity – for example, the National Gender Equality Policy of 2019 and the Gender Parity Law of 2020. These institutionalized policy changes mark milestones on the path to gender equity, certainly in Perú, but activist efforts that targeted these outcomes can inform women globally. The current study investigated key components of feminist activism by social movement actors themselves through (...) the use of testimonio with nine key leaders in the movement. Using a liberation psychology approach and thematic narrative analysis, the findings suggested three key components of feminist activism: conflict, militant identity, and pluralism that were critical in processes of change. Centering majority world women’s voices contributes to the production of knowledge regarding approaches to gender equity, in particular because much that has been written about feminist action in psychology has been produced among samples of white women in the United States. Implications for understanding how the findings have the potential for global change are discussed. (shrink)

What is right in the corporation is not what is right in a man's home or in his church," a former vice-president of a large firm observes. "What is right in the corporation is what the guy above you wants from you." Such sentiments pervade American society, from corporate boardrooms to the basement of the White House. In Moral Mazes, Robert Jackall offers an eye-opening account of how corporate managers think the world works, and of how big organizations shape (...) moral consciousnss. Based on extensive interviews with managers at every level of two industrial firms and of a large public relations agency, Moral Mazes takes the reader inside the intricate world of the corporation. It is a world where hard work does not necessarily lead to success, but where sharp talk, self-promotion, powerful patrons, and sheer luck might; where intense competition is masked by cheerfully bland public faces; where intentions are cloaked and frankness is simply one of many guises; and where words are always provisional and accountability often depends on the ability to outrun mistakes. In this topsy-turvy world, managers must bring often unforgiving technology and always difficult people together to make money, an uncompromising task demanding continual compromises with conventional verities. Moral issues are translated into practical concerns and into issues of public relations. Sooner or later, managrs ask themselves: How does one act in such a world and maintain a sense of personal integrity? Moral Mazes is a brilliant, sometimes disturbing, often wildly funny study of corporate thinking, decision-making, and morality. It is an analytical work of great importance, one filled with compelling real life stories of the men and women charged with running the business of America. It is a book for anyone interested in how big organizations actually function, or who is concerned with the current moral malaise in our public life. (shrink)

Peter Singer famously argued in Animal Liberation that almost all of us are speciesists, unjustifiably favoring the interests of humans over the similar interests of other animals. Although I long found that charge compelling, I now find myself having doubts. This article starts by trying to get clear about the nature of speciesism, and then argues that Singer's attempt to show that speciesism is a mere prejudice is unsuccessful. I also argue that most of us are not actually speciesists at (...) all, but rather accept a view I call modal personism. Although I am not confident that modal personism can be adequately defended, it is, at the very least, a philosophical view worthy of further consideration. (shrink)

One of the most prominent justifications for the use of germline gene editing (GGE) is that it would allow parents to have a “genetically related child” while preventing the transmission of genetic disorders. However, we argue that since future uses of GGE may involve large-scale genetic modifications, they may affect the genetic relatedness between parents and offspring in a meaningful way: Due to certain genetic modifications, children may inherit much less than 50% of their DNA from each parent. We show (...) that the reduction in genetic relatedness between parents and offspring has three important social and legal implications. First, the desire for a genetically related child may end up not being the strong justification it is currently thought to be for the use of GGE. Second, prospective parents may be reluctant to use GGE because of a potential loss of genetic relatedness. Third, in some jurisdictions, parents who would not pass on “enough” DNA to their child may not be recognized as the child's legal parents. We further argue that the reduction in genetic relatedness challenges current conceptions of genetic parenthood that rely on the quantity of DNA shared with the child or on whether the child was directly derived from the parent's genes. We suggest that genetic parenthood should instead be determined based on the nature of the genetic modifications and whether the child's numerical identity has been preserved after the editing process. (shrink)

According to the dominant philosophical tradition, intrinsic value must depend solely upon intrinsic properties. By appealing to various examples, however, I argue that we should at least leave open the possibility that in some cases intrinsic value may be based in part on relational properties. Indeed, I argue that we should even be open to the possibility that an object's intrinsic value may sometimes depend on its instrumental value. If this is right, of course, then the traditional contrast between intrinsic (...) value and instrumental value is mistaken. (shrink)

What are the limits of well-being? This question nicely captures one of the central debates concerning the nature of the individual human good. For rival theories differ as to what sort of facts directly constitute a person's being well-off. On some views, well-being is limited to the presence of pleasure and the absence of pain. But other views push the boundaries of well-being beyond this, so that it encompasses a variety of mental states, not merely pleasure alone. Some theories then (...) draw the line here, limiting well-being to the presence of the appropriately broadened set of mental states. But still others extend the limits of well-being even further, so that it is constituted in part by facts that are not themselves mental states at all; on such views, well-being is partly constituted by states of affairs that are “external” to the individual's experiences. In this essay, I want to explore some of this debate by focusing on a particular stretch of the dialectic. That is, I want to think hard about a particular connected series of arguments and counterarguments. These arguments – or, at least, the concerns they seek to express – emerge naturally in the give and take of philosophical discussion. Together they make up a rather simple story, whose plot, in very rough terms, is this: first there is an attempt to push the limits of well-being outward, moving from a narrow to a broader conception; then comes the claim that the resulting notion is too broad, and so we must retreat to a narrower conception after all. (shrink)

Permissivism says that for some propositions and bodies of evidence, there is more than one rationally permissible doxastic attitude that can be taken towards that proposition given the evidence. Some critics of this view argue that it condones, as rationally acceptable, sets of attitudes that manifest an untenable kind of arbitrariness. I begin by providing a new and more detailed explication of what this alleged arbitrariness consists in. I then explain why Miriam Schoenfield’s prima facie promising attempt to answer the (...) Arbitrariness Objection, by appealing to the role of epistemic standards in rational belief formation, fails to resolve the problem. Schoenfield’s strategy is, however, a useful one, and I go on to explain how an alternative form of the standards-based approach to Permissivism – one that emphasizes the significance of the relationship between people’s cognitive abilities and the epistemic standards that they employ – can respond to the arbitrariness objection. (shrink)

This is a paradigmatic work of contemporary philosophy.