Researchers in psychology have focused a great deal of attention on the potential greater predisposition to achievement among first-born children relative to their siblings. Focusing on the United States as an example, a time series of the first birth ratio is used to show how the changing prevalence of first births relative to higher order births has altered the composition of birth cohorts, and the ratio is decomposed into four factors. Results show that the ratio increased significantly in the 1960s (...) and early 1970s, but changed only slightly in the following decades. While more recent birth cohorts are composed of larger proportions of first-born children, the majority of children are still born as siblings. Contrary to expectations, the primary source of change was the proportion childless rather than decreasing higher order birth rates. (shrink)

The COVID-19 pandemic will generate vexing ethical issues for the foreseeable future and many journals will be open to content that is relevant to our collective effort to meet this challenge. While the pandemic is clearly the critical issue of the moment, it’s important that other issues in medical ethics continue to be addressed as well. As can be seen in this issue, the Journal of Medical Ethics will uphold its commitment to publishing high quality papers on the full array (...) of medical ethics. At the same time, JME aims to be a premiere home for ground-breaking scholarship on the ethical issues raised by COVID-19. Toward this end, we have a number of papers that are freely available online and for which production has been fast-tracked.1–5 A challenge for authors who want to write about the pandemic is the rapidly evolving nature of the situation and the time it takes for journal content to be reviewed and published, even when fast-tracked. For that reason, all authors who would like to submit a paper on the pandemic can also submit a post to the JME blog prior to submitting a full paper to the journal. Those interested in writing for the JME blog should contact one of its editors, Hazem Zohny or Mike King. Over the last 3 weeks, 30 high-quality commentaries on the pandemic have been posted to the blog. These posts are circulated widely via the JME Twitter and Facebook feeds and have stimulated significant …. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:diacritics 30.1 (2000) 106-123 [Access article in PDF] The (Mis)Uses of Cannibalism in Contemporary Cultural Critique C. Richard King At least since 1979, when W. Arens demystified what he termed "the man-eating myth," cannibalism, once a fundamental feature of the anthropological imagination and a primary trope for interpreting cultural difference, has become subject to serious debate and lingering doubt [see Osborne]. Even as some anthropologists have sought to (...) recuperate anthropophagy as a tangible symbolic, ideological, and ritual complex [Brown and Tuzin; Conklin, "'Thus are our Bodies'"; Forsyth; Harris, Good to Eat 199-234; Sanday], a constellation of scholarly projects and popular works has complicated cannibalism by relocating it in the West. Perhaps most visibly, Hollywood cinema has reclaimed cannibalism. Although a handful of films have revived well-worn clichés of dark-skinned savages preparing to consume Westerners, as in King Solomon's Mines and Crocodile Dundee, others have cast the Western subject as cannibal to grapple with the horrors of reluctant cannibalism, as in Alive! [see Fiddes 121-31], to work through the transgressive and terrifying desires associated with psychopathic cannibalism, as in The Silence of the Lambs [Fuss; Halberstam], and importantly to parody the normative beliefs and behaviors of white, middle-class, heterosexual EuroAmericans, as in Eating Raoul and Parents. At the same time, an array of scholars, artists, and activists have invoked cannibalism to fashion critical perspectives on Western cultural practices. In his film Cannibal Tours (1987), Dennis O'Rourke encourages his audiences to think critically about tourists who travel to the Sepik River Valley to encounter reformed cannibals, asking implicitly who the cannibals are, the Melanesians who formerly (were thought to/claim to have) practiced anthropophagy or the tourists who travel to New Guinea to consume them [see Bruner]. Others have pushed the metaphor. Michael Ames, borrowing explicitly from O'Rourke, uses the cannibal to reframe ethnographic museums and their practices. Similarly, Jane Tompkins asserts that "Museums are a form of cannibalism made safe for polite society" [533]. More generally, Crystal Bartolovich playfully glosses consumerism as the cultural logic of the late cannibalism; bell hooks speaks of the EuroAmerican desires for and incorporation of things ethnic as "eating the other"; and Rosalind Morris suggests that cannibalism is the essential metaphor for late capitalism. More telling, however, are a set of overlapping critical projects that offer detailed theorizations [End Page 106] [Begin Page 108] of contemporary anthropophagy. Here, I will examine three that have had an important impact on discussions of tourism, museums, cultural appropriation, and consumption. Dean MacCannell, in an exciting exploratory review of the documentary Cannibal Tours, makes explicit what O'Rourke left unsaid: we are cannibals, and contemporary capitalism is neocannibalism. Perhaps more radically, Jack Forbes argues that Western civilization fosters cannibalism as an embodied, psychosocial condition or psychosis rooted in exploitation and consumption. Inspired at least in part by Forbes, Deborah Root rethinks Western civilization as cannibal culture.Although I am terribly sympathetic with these perspectives, particularly their political commitments and theoretical creativity, I am disturbed by the practices and effects that animate them. Indeed, as powerful as this critical field promises to be, it is at the same time troubling and dangerous. Although it defamiliarizes practices of cultural production and consumption, it does not enhance understanding of the contexts in which individuals and institutions deploy them and does less to effectively challenge or undermine them. In reframing beliefs and behaviors to accentuate productivity and power, it reinstates and reaffirms binaries and, worse, often turns on the same forms of appropriation.* * *Arguably, flesh eating has always promoted the elaborations of differences. Works central to the Western canon mobilize cannibalism to make (sense of) the world. Herodotus offers an early anthropophagic distinction:These Scythian husbandmen then occupy the country eastward for three days' journey.... Beyond this region the country is desert for a great distance; and beyond the desert Androphagi dwell.... The Androphagi have the most savage customs of all men; they pay no regard to justice, nor make use of any established law. They are nomads and wear a dress like a Scythian; they... (shrink)

Belief in propositions has had a long and distinguished history in analytic philosophy. Three of the founding fathers of analytic philosophy, Gottlob Frege, Bertrand Russell, and G. E. Moore, believed in propositions. Many philosophers since then have shared this belief; and the belief is widely, though certainly not universally, accepted among philosophers today. Among contemporary philosophers who believe in propositions, many, and perhaps even most, take them to be structured entities with individuals, properties, and relations as constituents. For example, the (...) proposition that Glenn loves Tracy has Glenn, the loving relation, and Tracy as constituents. What is it, then, that binds these constituents together and imposes structure on them? And if the proposition that Glenn loves Tracy is distinct from the proposition that Tracy loves Glenn yet both have the same constituents, what is about the way these constituents are structured or bound together that makes them two different propositions? In The Nature and Structure of Content, Jeffrey C. King formulates a detailed account of the metaphysical nature of propositions, and provides fresh answers to the above questions. In addition to explaining what it is that binds together the constituents of structured propositions and imposes structure on them, King deals with some of the standard objections to accounts of propositions: he shows that there is no mystery about what propositions are; that given certain minimal assumptions, it follows that they exist; and that on his approach, we can see how and why propositions manage to have truth conditions and represent the world as being a certain way. The Nature and Structure of Content also contains a detailed account of the nature of tense and modality, and provides a solution to the paradox of analysis. Scholars and students working in the philosophy of mind and language will find this book rewarding reading. (shrink)

Bioethics needs an expanded moral vision. It is now time for bioethics to take full account of the problems of health disparities and structural injustice that are made newly urgent by the COVID-19 pandemic and the effects of climate change. Nancy M. P. King, Gail E. Henderson, and Larry R. Churchill make the case for a more social understanding and application of justice, a deeper humility in assessing expertise in bioethics consulting, a broader and more relevant research agenda, and (...) greater appreciation of the profound health implications of global warming. (shrink)

Philippa Foot is one of the most original and widely respected philosophers of our time; her work has exerted a lasting influence on the development of moral philosophy. In tribute to her, twelve leading philosophers from both sides of the Atlantic have contributed essays exploring the various topics in moral philosophy to which she has made a distinctive contribution--virtue ethics, naturalism, non-cognitivism, relativism, categorical requirements, and the role of rationality in morality.

Gayatri Chakravorty Spivak's original essay "Can the Subaltern Speak?" transformed the analysis of colonialism through an eloquent and uncompromising argument that affirmed the contemporary relevance of Marxism while using deconstructionist methods to explore the international division of labor and capitalism's "worlding" of the world. Spivak's essay hones in on the historical and ideological factors that obstruct the possibility of being heard for those who inhabit the periphery. It is a probing interrogation of what it means to have political subjectivity, to (...) be able to access the state, and to suffer the burden of difference in a capitalist system that promises equality yet withholds it at every turn. Since its publication, "Can the Subaltern Speak?" has been cited, invoked, imitated, and critiqued. In these phenomenal essays, eight scholars take stock of the effects and response to Spivak's work. They begin by contextualizing the piece within the development of subaltern and postcolonial studies and the quest for human rights. Then, through the lens of Spivak's essay, they rethink historical problems of subalternity, voicing, and death. A final section situates "Can the Subaltern Speak?" within contemporary issues, particularly new international divisions of labor and the politics of silence among indigenous women of Guatemala and Mexico. In an afterword, Spivak herself considers her essay's past interpretations and future incarnations and the questions and histories that remain secreted in the original and revised versions of "Can the Subaltern Speak?"—both of which are reprinted in this book. (shrink)

Orientalism and Religion offers us a timely discussion of the implications of contemporary post-colonial theory for the study of religion. Drawing on a variety of post-structuralist and post-colonial thinkers, including Foucault, Gadamer, Said, and Spivak, Richard King examines the way in which notions such as mysticism, religion, Hinduism and Buddhism are taken for granted, and shows us how religion needs to be redescribed along the lines of cultural studies.

Nostra Aetate has played a major role in fostering positive Buddhist-Christian relations. Buddhist-Christian dialogue differs from Christianity’s other inter-religious dialogues both due to Buddhism’s non-theistic assumptions and due to the primary locus of post-conciliar dialogue: the dialogue of religious experience among contemplative monastics. The decision to concentrate on monastics as a Buddhist-Catholic bridge continues to bear fruit, not only for larger Buddhist-Catholic relations but for the academic study of mysticism. The author discusses the experiences of the Trappist monk Thomas Merton, (...) the landmark Naropa Institute conferences, and other institutionalized Catholic outreach to Buddhist monastics. John Paul II’s remarks about Buddhism in Crossing the Threshold of Hope were a low point and setback in dialogue; the author evaluates these remarks and their consequences. (shrink)

Presents profiles of one hundred philosophers, from ancient times to the present day.

Written in a readable, accessible style, with plenty of up-to-date examples Psychoanalysis and Culture provides a brilliant introduction to key issues in the area of application of psychoanalytic theories to culture. The author argues that we cannot grasp the complexity of contemporary global issues without understanding some of the unconscious processes which underlie them. After introducing some major modern and postmodern psychoanalytic approaches, Minsky offers a broad-ranging critique of Lacan's theory of culture and the unconscious. She explores a range of (...) crucial and topical questions: how should we explain women's historical subordination and what is now often seen as a crisis in male identity? What constitutes 'masculinity' apart from power and control? How important is the father, actually and symbolically in children's development in the context of lone-parent families? Why is contemporary culture often still so violent and destructive? Why is consumer culture so attractive to so many and why is it so difficult to put limits on economic growth in the interests of preventing environmental disaster? This book will be of great interest to students and scholars in sociology, women's studies, cultural studies, psychology and history as well as psychoanalytic studies. It will also appeal to the general reader interested in the psychology of cultural change. (shrink)

Artificial intelligence research and regulation seek to balance the benefits of innovation against any potential harms and disruption. However, one unintended consequence of the recent surge in AI research is the potential re-orientation of AI technologies to facilitate criminal acts, term in this article AI-Crime. AIC is theoretically feasible thanks to published experiments in automating fraud targeted at social media users, as well as demonstrations of AI-driven manipulation of simulated markets. However, because AIC is still a relatively young and inherently (...) interdisciplinary area—spanning socio-legal studies to formal science—there is little certainty of what an AIC future might look like. This article offers the first systematic, interdisciplinary literature analysis of the foreseeable threats of AIC, providing ethicists, policy-makers, and law enforcement organisations with a synthesis of the current problems, and a possible solution space. (shrink)

Followers of Wittgenstein allegedly once held that a meaningful claim to know that p could only be made if there was some doubt about the truth of p. The correct response to this thesis involved appealing to the distinction between the semantic content of a sentence and features attaching to its use. It is inappropriate to assert a knowledge-claim unless someone in the audience has doubt about what the speaker claims to know. But this fact has nothing to do with (...) the semantic content of knowledgeascriptions; it is entirely explicable by appeal to pragmatic facts about felicitous assertion. (shrink)

Virtue ethics is perhaps the most important development within late twentieth-century moral philosophy. Rosalind Hursthouse, who has made notable contributions to this development, here presents a full exposition and defense of her neo-Aristotelian version of virtue ethics. She shows how virtue ethics can provide guidance for action, illuminate moral dilemmas, and bring out the moral significance of the emotions.

Emergent scholarship on the most radical technological invention of our time confirms what most of us know from first-hand experience - that the internet has fundamentally altered our perceptions and our knowledge, as well as our sense of subjectivity, community and agency (see for example Vries, 2002: 19). The American scholar of religion and communications, Stephen O'Leary, one of the first scholars to analyze the role of the new media for religious communities, claims that the advent of the internet has (...) been as revolutionary for religious growth and dissemination as was the invention of the printing press (O'Leary, 1996). (shrink)

What is object-relations theory and what does it have to do with literary studies? How can Freud's phallocentric theories be applied by feminist critics? In Psychoanalysis and Gender: An Introductory Reader Rosalind Minsky answers these questions and more, offering students a clear, straightforward overview without ever losing them in jargon. In the first section Minsky outlines the fundamentals of the theory, introducing the key thinkers and providing clear commentary. In the second section, the theory is demonstratedn by an anthology (...) of seminal essays which include Femininity by Sigmund Freud; Envy and Gratitude by Melanie Klein; an extract from Transitional Objects and Transitional Phenomena by Donald Winnicot; The Meaning of the Phallus by Jacques Lacan; an extract from Women's Time by Julia Kristeva; and an extract from Speculum of the Other Woman by Luce Irigaray. Psychoanalysis and Gender:An introductory Reader is designed especiallyfor students and written with unpretentious prose and carefully selected material. It is an invaluable guide to this major field. (shrink)

Virtue ethics is currently one of three major approaches in normative ethics. It may, initially, be identified as the one that emphasizes the virtues, or moral character, in contrast to the approach that emphasizes duties or rules (deontology) or that emphasizes the consequences of actions (consequentialism). Suppose it is obvious that someone in need should be helped. A utilitarian will point to the fact that the consequences of doing so will maximize well-being, a deontologist to the fact that, in doing (...) so the agent will be acting in accordance with a moral rule such as “Do unto others as you would be done by” and a virtue ethicist to the fact that helping the person would be charitable or benevolent. (shrink)

This paper discusses some aspects of foreign language learning within the divided school system of Northern Ireland. It is argued that an improvement of foreign language learning must be seen in a socio‐cultural context whereby a change in attitudes to languages in general, including Irish, may lead not only to a balanced interest among girls and boys in the language classroom, but also to a more tolerant approach to the cultural differences among the Catholic and Protestant communities.

This paper argues for a new understanding of Strawson’s distinction between personal, impersonal, and self-reactive attitudes. Many Strawsonians take these basic reactive attitude types to be distinguished by two factors. Is it the self or another who is treated with good- or ill-will? And is it the self or another who displays good- or ill-will? On this picture, when someone else wrongs me, my reactive attitude is personal; when someone else wrongs someone else, my reactive attitude is impersonal; and when (...) I wrong someone else, my attitude is self-reactive. Against this account, I argue that the basic reactive attitude types are better distinguished according to whether they express partial or impartial concern. This fits Strawson’s discussion in “Freedom and Resentment”, and it allows us to see an important point that the alternative approach obscures. Namely, while attitudes like resentment, gratitude, shame, and pride can arise as responses to our own treatment and behavior, they can also arise as third-party responses to the treatment and behavior of our family members, romantic partners, and close friends. Similarly, attitudes like moral indignation and disapprobation also have a wider scope than is often acknowledged; they can arise as responses to others’ treatment, but they can also arise as responses to our own treatment when we react impartially to circumstances involving ourselves. (shrink)

Just as humans can draw conclusions responsibly or irresponsibly, so too can computers. Machine learning systems that have been trained on data sets that include irresponsible judgments are likely to yield irresponsible predictions as outputs. In this paper I focus on a particular kind of inference a computer system might make: identification of the intentions with which a person acted on the basis of photographic evidence. Such inferences are liable to be morally objectionable, because of a way in which they (...) are presumptuous. After elaborating this moral concern, I explore the possibility that carefully procuring the training data for image recognition systems could ensure that the systems avoid the problem. The lesson of this paper extends beyond just the particular case of image recognition systems and the challenge of responsibly identifying a person’s intentions. Reflection on this particular case demonstrates the importance (as well as the difficulty) of evaluating machine learning systems and their training data from the standpoint of moral considerations that are not encompassed by ordinary assessments of predictive accuracy. (shrink)

Introduction: Hannah Arendt's world -- Guilt and responsibility -- The origins of totalitarianism in America -- Rediscovering the world -- Arendt, Tocqueville, and Cold War America -- Arendt, Riesman, and America as mass society -- Arendt and postwar American thought -- Reflections/refractions of race, 1945-1955 -- Arendt, the schools, and civil rights -- The Eichmann case -- Against the liberal grain -- The revolutionary traditions -- The crises of Arendt's republic -- Conclusion: once more: the film, Eichmann, and evil.

This paper challenges a common dogma of the literature on forgiveness: that only victims have the standing to forgive. Attacks on third-party forgiveness generally come in two forms. One form of attack suggests that it follows from the nature of forgiveness that third-party forgiveness is impossible. Another form of attack suggests that although third-party forgiveness is possible, it is always improper or morally inappropriate for third parties to forgive. I argue against both of these claims; third-party forgiveness is possible, and (...) in some cases it is morally appropriate for third parties to forgive (or refuse to forgive) wrongdoers for wrongs done to victims. I also propose an explanation of third parties’ standing to forgive: third parties have the standing to forgive when it is appropriate for them to take wrongs done to victims ‘personally’. While appropriately ‘taking a wrong personally’ does not require seeing oneself as a victim, it typically does require being in some form of personal relationship with victims. Thus, while the standing to forgive is not grounded exclusively in having been wronged, the prerogative to forgive is normally limited to victims and their loved ones. And once we recognize the importance of third-party forgiveness in our moral lives and the norms that govern it, we can more easily adjudicate between competing accounts of the nature of forgiveness.​. (shrink)

This volume brings together twenty original essays on the changes and continuities in gender relations and intersecting politics of sexuality, race, class and location. The book is located in debates about contemporary culture at a moment of rapid technological change, global interconnectedness and the growing cultural dominance of neoliberalism and postfeminism. The collection traverses disciplines, spaces and approaches. It is marked by an extraordinarily wide focus, ranging from analyses of celebrity magazines and makeover shows to examinations of the experiences of (...) young female migrants, 'mail order brides' and young women who repudiate feminism. The contributions are united by their attempts to think through the ways in which experiences and representations of femininity are changing in the twenty-first century. Are we seeing new femininities? Are neoliberalism and postfeminism constructing new identities and subjectivities? What kinds of analytic tools and cultural politics are needed to critically engage with the current moment? This book will be of interest to everyone studying gender, media or cultural studies. (shrink)

Most interpreters hold that Kant rejects actually infinite tota synthetica as conceptually impossible. This view is attributed to Kant to relieve him of the charge that the first antinomy’s thesis argument presupposes transcendental idealism. I argue that important textual evidence speaks against this view, and Kant in fact affirms the conceptual possibility of actually infinite tota synthetica. While this means the first antinomy may not be decisive as an indirect argument for idealism, it gives us a better account of how (...) our ideas of the unconditioned generate the antinomies, and it allows us to see important and often overlooked elements in Kant’s account of the infinite. (shrink)

Artificial intelligence is increasingly being developed for use in medicine, including for diagnosis and in treatment decision making. The use of AI in medical treatment raises many ethical issues that are yet to be explored in depth by bioethicists. In this paper, I focus specifically on the relationship between the ethical ideal of shared decision making and AI systems that generate treatment recommendations, using the example of IBM’s Watson for Oncology. I argue that use of this type of system creates (...) both important risks and significant opportunities for promoting shared decision making. If value judgements are fixed and covert in AI systems, then we risk a shift back to more paternalistic medical care. However, if designed and used in an ethically informed way, AI could offer a potentially powerful way of supporting shared decision making. It could be used to incorporate explicit value reflection, promoting patient autonomy. In the context of medical treatment, we need value-flexible AI that can both respond to the values and treatment goals of individual patients and support clinicians to engage in shared decision making. (shrink)

Using “big data” from sensors worn continuously outside the lab, researchers have observed patterns of objective physiology that challenge some of the long-standing theoretical concepts of emotion and its measurement. One challenge is that emotional arousal, when measured as sympathetic nervous system activation through electrodermal activity, can sometimes differ significantly across the two halves of the upper body. We show that traditional measures on only one side may lead to misjudgment of arousal. This article presents daily life and controlled study (...) data, as well as existing evidence from neuroscience, supporting the influence of multiple emotional substrates in the brain causing innervation on different sides of the body. We describe how a theory of multiple arousals explains the asymmetric EDA findings. (shrink)

This paper contributes to inquiries into the genealogy of governmentality and the nature of secularization by arguing that pastoralism continues to operate in the algorithmic register. Drawing on Agamben’s notion of signature, I elucidate a pair of historically distant yet archaeologically proximate affinities: the first between the pastorate and algorithmic control, and the second between the absconded God of late medieval nominalism and the authority of algorithms in the cybernetic age. I support my hypothesis by attending to the signaturial kinships (...) between, on the one hand, temporality and authority in our contemporary conjuncture, and, on the other, obedience and submission in Christian thought from late antiquity and the late Middle Ages. I thereby illustrate the hidden genealogical continuities between theological-pastoral technologies of power and technocratic-algorithmic modalities of governance. I conclude by suggesting that medieval counter-conducts may be redeployed in our present circumstances for emancipatory ends. (shrink)

This article introduces a special section concerned with precariousness and cultural work. Its aim is to bring into dialogue three bodies of ideas — the work of the autonomous Marxist `Italian laboratory'; activist writings about precariousness and precarity; and the emerging empirical scholarship concerned with the distinctive features of cultural work, at a moment when artists, designers and (new) media workers have taken centre stage as a supposed `creative class' of model entrepreneurs. The article is divided into three sections. It (...) starts by introducing the ideas of the autonomous Marxist tradition, highlighting arguments about the autonomy of labour, informational capitalism and the `factory without walls', as well as key concepts such as multitude and immaterial labour. The impact of these ideas and of Operaismo politics more generally on the precarity movement is then considered in the second section, discussing some of the issues that have animated debate both within and outside this movement, which has often treated cultural workers as exemplifying the experiences of a new `precariat'. In the third and final section we turn to the empirical literature about cultural work, pointing to its main features before bringing it into debate with the ideas already discussed. Several points of overlap and critique are elaborated — focusing in particular on issues of affect, temporality, subjectivity and solidarity. (shrink)

From a clinical ethics perspective, I explore several traditional arguments that deem deception as morally unacceptable. For example, it is often argued that deception robs people of their autonomy. Deception also unfairly manipulates others and is a breach of important trust-relations. In these kinds of cases, I argue that the same reasons commonly used against deception can provide strong reasons why deception can be extremely beneficial for patients who lack mental capacity. For example, deception can enhance, rather than impair, autonomy (...) in certain cases. I argue that deception ought to only be used after considering several key morally relevant factors and provide a practical and morally justifiable framework for exploring these issues. (shrink)

The sort of ethical theory derived from Aristotle, variously described as virtue ethics, virtue-based ethics, or neo-Aristotelianism, is becoming better known, and is now quite widely recognized as at least a possible rival to deontological and utilitarian theories. With recognition has come criticism, of varying quality. In this article I shall discuss nine separate criticisms that I have frequently encountered, most of which seem to me to betray an inadequate grasp either of the structure of virtue theory or of what (...) would be involved in thinking about a real moral issue in its terms. In the first half I aim particularly to secure an understanding that will reveal that many of these criticisms are simply misplaced, and to articulate what I take to be the major criticism of virtue theory. I reject this criticism, but do not claim that it is necessarily misplaced. In the second half I aim to deepen that understanding and highlight the issues raised by the criticisms by illustrating what the theory looks like when it is applied to a particular issue, in this case, abortion. (shrink)

According to the standard account of actions and their explanations, intentional actions are actions done because the agent has a certain desire/belief pair that explains the action by rationalizing it. Any explanation of intentional action in terms of an appetite or occurrent emotion is hence assumed to be elliptical, implicitly appealing to some appropriate belief. In this paper, I challenge this assumption with respect to the " arational " actions of my title---a significant subset of the set of intentional actions (...) explained by occurrent emotion. These actions threaten the standard account, not only by forming a recalcitrant set of counterexamples to it, but also, as we shall see, by undercutting the false semantic theory that holds that account in place. (shrink)

By giving legislatures broad power to override constitutional rights provisions, recent Commonwealth rights charters are said to create a new ‘weaker’ model of constitutional rights protection than the traditional US model of strong-form judicial review. The article, however, argues that to date such powers have rarely if ever been used by Commonwealth legislatures, and thus have had little direct effect on the strength of judicial review in Commonwealth countries. At most, such powers may have had some indirect effect on the (...) strength of review in the Commonwealth, compared to the United States, by encouraging greater deference by courts such as the Supreme Court of Canada to attempts by parliament to engage in ‘dialogue’ via ordinary legislative means. This more limited—and contingent—view of Commonwealth–US constitutional difference also has clear practical implications, the article suggests, for ongoing attempts to ‘borrow’ or adopt the new Commonwealth constitutional model elsewhere. (shrink)