When David Souter was nominated by President Bush to the Supreme Court, he cited John Marshall Harlan as his model. It was an interesting choice. Admired by conservatives and deeply respected by his liberal brethren, Harlan was a man, as Justice William Brennan lamented, whose "massive scholarship" has never been fully recognized. In addition, he was the second Harlan to sit on the Court, following his grandfather--also named John Marshall Harlan. But while his grandfather was an outspoken supporter of reconstruction (...) on a conservative court, the younger Harlan emerged as a critic of the Warren Court's liberal expansion of civil liberties. Now, in the first biography of this important but neglected jurist, Tinsley Yarbrough provides a detailed account of Harlan's life, from his privileged childhood to his retirement and death. Yarbrough examines the forces and events which shaped the Justice's jurisprudence--his early life and often complex family relationships, education at Princeton and Oxford, his work as a prosecutor during Prohibition, Republican Party activities, wartime service in the Army Air Force, and years as one of the nation's preeminent corporate lawyers. The book focuses, however, on Harlan's years on the high bench. Yarbrough weaves together discussions of the Justice's relations with his brethren, clerks, and staff, an examination of Harlan's role in the decision-making process on the Court, and an analysis of his jurisprudence. The Justice's approach to constitutional interpretation exalted precedent, deference to governmental power, and narrow decisions closely tied to case facts; but he also accepted an evolving, creative model of constitutional construction which permitted expansive readings of constitutional rights. Yarbrough's details Harlan's close relationship with Justice Frankfurter, showing how--despite their friendship and alliance--Harlan strongly marked out his own position, both personally and judicially, on the Warren and Burger courts. And he examines the substance and significance of his dissents in such famous cases as Miranda and the Pentagon Papers. Intensively researched, smoothly written, and incisively argued, Yarbrough's biography offers an absorbing account of the life and career of a great dissenter, hailed by admirers as a "lawyer's lawyer" and a "judge's judge." Coming at a time when the high court has begun to adopt many of Harlan's principles, this account provides an essential perspective on the Court, civil liberties, and a pivotal figure in the history of both. (shrink)

This book is a collection of secondary essays on America's most important philosophic thinkers—statesmen, judges, writers, educators, and activists—from the colonial period to the present. Each essay is a comprehensive introduction to the thought of a noted American on the fundamental meaning of the American regime.

In lieu of an abstract, here is a brief excerpt of the content:Sozzini’s Ghost: Pierre Bayle and Socinian TolerationBarbara Sher TinsleyPierre Bayle’s Philosophical Commentary (1686–87), a Huguenot exile’s response to the Revocation of Nantes, established its author as a defender of free conscience for pagans, Muslims, Jews, atheists, Catholics, Protestants, Anabaptists, and Socinians. 1 The virtues of Pagans and Atheists are most fully treated in Bayle’s work on the comet. 2 In this work pagans, Catholics (whom Bayle equated with pagan (...) idolators), and atheists were compared to the advantage of the latter, a conclusion that caused widespread scandal and for which Bayle was obliged by his church to write an apology or clarification found in his Dictionary. 3 In toleration there was no juste milieu. 4 Everyone must act according to conscience no matter how errant. Bayle reiterated a position taken in his criticism of the Jesuit Louis Maimbourg’s History of Calvinism. 5 In it Bayle first enunciated the principle that he noted frightened readers and caused a scandal, namely, that error disguised as truth must be allowed all the privileges of truth, i.e., must be permitted to be believed by those convinced they had found truth. This doctrine of errant conscience was basic to Bayle’s understanding of God and man’s search for Him; and after his death it became basic to concepts of individualism, free [End Page 609] inquiry, free speech, and inalienable rights, concepts which were all made concrete during the Enlightenment. Forcing conscience was wrong. 6Bayle’s lack of partisanship in treating religious history invited criticism from Calvinists in Holland. He wrote to Mr. Pecher, a minister at Emmerick, that in his Dictionary he had avoided passionate prejudice with respect to Jesuits or to any other subject. 7 But had he also avoided an indifference to dogma? Not according to his chief critic who was his erstwhile patron turned enemy, Pierre Jurieu, Pastor of the Reformed church of Rotterdam and theologian in the Ecole Illustre. This school, founded expressly for Bayle and Jurieu by the city council of Rotterdam, 8 allowed Bayle to teach philosophy and history. Since Jurieu thought Bayle “indifferent” to dogma, he believed him to be a covert Socinian or atheist. In 1693 he managed to have Bayle dismissed from his teaching post.Indifference was a concept that started with the ancients, particularly Stoics, Skeptics, and Cynics, who regarded everything except virtue as matters of indifference, a posture with which many of Bayle’s writings, though not all, seemed to agree. In scholastic logic indifferentism meant that things were neither particular nor universal but indifferently so according to the viewpoint from which they were regarded. Jurieu made the charge of indifferentism in 1687. 9 He remarked then of Bayle’s concept of the erring conscience that it was “developed with a view to establishing tolerance and a general indifference of all sects and even of all religions.” 10 Bayle was not indifferent to doctrine. He remained loyal to the Reformed faith, defended orthodoxy, and in a letter to his cousin protested that he was ready to show that his work on comets contained nothing that was contrary to right reason, Scripture, or the Confession of faith of the Reformed Church. 11 Paul Dibon noted that Bayle was especially consistent in his concern for divine transcendance rather than indifference. 12 Henry Kamen wrote that Bayle wrote in “complete theological indifference,” 13 a statement ignoring Bayle’s disapproval of much theological heterodoxy, the orthodoxy of others. While Bayle was usually non-partisan, he was never indifferent. Kamen’s remark contrasts [End Page 610] with Theodore Rabb’s, who wrote that Jean Bodin and Bayle took their stand on “the equality of all beliefs” 14 a statement suggesting indifference, but in a positive rather than negative way.Bodin’s own religion was particularly problematic. Tolerant for his age, a whole century before Bayle, Bodin, a Carmelite friar for several years, had already repudiated forcing conscience. In his book on the state he warned that those who do so merely create more intransigence among their already alienated subjects. 15 He also insinuated that a multiplicity of religions—“all the religions of all people”—including natural religion, Jupiter’s... (shrink)

This book is a series of examinations of Black queer cis and transfeminity, a personal and loving homage to "Black femmes poetics of survival during the Trump era and beyond." Tinsley examines contemporary Black femme cultural production: the music of Kelsey Lu and Janelle Monáe; the visual work of Juliana Huxtable; Janet Mock's writing/directing of the TV show Pose, and the creations of Tourmaline; the fashion of Indya Moore; and (F)empower. She is interested in Black femme representations in film, (...) popular music, television, graphic novels, and poetry to conceptualize Black femme as figuration: that is, as a set of consciously, continually rescripted cultural and aesthetic practices that disrupt conventional meanings of race, gender, and sexuality. (shrink)

El artículo analiza algunas problemáticas centrales de la literatura caribeña, en particular de expresión francófona y anglófona, relacionadas, por un lado, con la falta de desarrollo y el funcionamiento colonial de sus sistemas literarios, y, por el otro, con el problema social, económico y político de la emigración en las Antillas. Como propongo, es la misma condición migrante de la literatura caribeña, en tanto sistema atravesado por el desplazamiento masivo de sus productores, la que en gran parte determina sus motivaciones (...) e intereses, enfocados a la identidad regional (y a la cultura regionalista) de modo recurrente. El artículo indaga, entre otros lugares-comunes (Glissant) del discurso literario caribeño, su estética geográficamente marcada que es enunciada aun desde un locus migrante (distante) con fines descolonizadores, los cuales se vinculan con la tradición anticolonialista, masculina y de sesgo militante del siglo pasado. Luego de una revisión de este legado a partir de dos aproximaciones críticas (Tinsley, Condé), se lee una serie de textos donde se observa la persistencia de la geoestética antillana, como A Small Place de Jamaica Kincaid, los cuales se apropian creativamente del discurso turístico desde una perspectiva geopolítica de resistencia a las dominaciones aún coloniales. (shrink)

Presentación del Dossier 'Perspectivas aristotélicas contemporáneas'.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:WisCon 46Laurie Fuller, Jenna N. Hanchey, and E. OrnelasExistence as Resistance, WisCon 46, May 26–29, 2023, Madison, Wisconsin, United StatesIn a world that seems structured to kill most of its occupants, there is a utopian impulse in the act of existence itself. WisCon 46 represented a prefigurative utopian impulse through centering continued marginalized existence as resistance.1 Leah Lakshmi Piepzna-Samarasinha calls “prefigurative politics” the “fancy term for the idea (...) of imagining and building the world we want to see now,” particularly in terms of access needs.2 The structure as well as the content of the convention itself created a space in which to set the groundwork for utopia: the ways that we live and act to resist structures of oppression in order to prefigure a better world.Since WisCon’s founding in 1977, its intended audience has been fans, authors, and academics interested in the intersection between feminism and “science fiction, fantasy, and speculative literature of all sorts.”3 While neither feminism nor speculative fiction could be solely defined as utopian, both do explore utopian impulses that inspire change for the better. Therein lies the hope of Alessa Johns’s proposal that “the utopian imagination has been crucial for feminists.”4 Lisa Yaszek agrees: “for nearly 200 years writers have used speculative fiction consciously and collectively to dramatize the political issues most central to women living in a technocultural world and to create a sense of wonder about the interrelated possibilities of social and scientific change.”5 Envisioning a liberatory world is a feminist imperative, and speculative fiction offers a unique venue to do so. This imperative informed WisCon this year, as participants collectively worked to imagine and enact a better future for marginalized folks, in and beyond the space of the conference. [End Page 618]Enabling Existence through Con StructuresWisCon is unique in attuning its organizational structure to the creation of liberatory futures in the here and now. WisCon is strongly attentive to disability access of all kinds, COVID safety, antiracist/anti-oppression principles, and safety and anti-abuse support for all these areas. In the contemporary US context—where COVID-19 remains a major barrier to disabled people wishing to participate in conventions, where racist violence continues to threaten BIPOC (Black, Indigenous, and People of Color) life, where queer and trans folks are under exacerbated legal attacks—creating a convention space that protects and enables marginalized participation becomes a means of prefiguring utopian potential through embodied praxis. As mask, capacity, and vaccination mandates disappear (despite these ongoing pandemic times), and as bigotry of all forms continues relatively unabated, WisCon 46 remains steadfast in its commitment to safety. In short, the conference itself aims to become a utopian space.WisCon organizers are also keenly aware of the challenges that many different bodyminds might encounter in large group settings.6 Trained monitors oversee in-person and online programming in an effort to discourage harmful words and actions as well as ensure the fullest participation for those most impacted. Hence, disability justice lies at the center of the Con’s policies and practices. The event is made as accessible as possible through careful attention to venue selection, including the availability of gender-neutral bathrooms, scent-free spaces, and quiet rooms, as well as the use of color communication badges.This year’s event followed strict masking and testing protocols: individually packaged rapid COVID-19 tests were available without cost at registration, as were KN95 masks. The Con kept an anonymized record of self-reported positive COVID-19 tests, in case of possible exposure. This mutual responsibility reflects the kind of utopianism inherent to disability politics; that is, disability “allows for reformulation of in/dependence and community,” a way of rethinking how we share space and produce knowledge together.7The conference’s decidedly feminist approach “to creating a space for feminism and its consideration within the science fiction community” is applied at every level. The Con’s general organization and procedures are structured as nonhierarchically as possible. There is a board of directors as well as co-chairs, but these are rotating positions. This “commitment to feminism” is [End Page 619] reflected... (shrink)

Between 1873 and 1876, Felix Klein published a series of papers that he later placed under the rubric anschauliche Geometrie in the second volume of his collected works (1922). The present study attempts not only to follow the course of this work, but also to place it in a larger historical context. Methodologically, Klein’s approach had roots in Poncelet’s principle of continuity, though the more immediate influences on him came from his teachers, Plücker and Clebsch. In the 1860s, Clebsch reworked (...) some of the central ideas in Riemann’s theory of Abelian functions to obtain complicated results for systems of algebraic curves, most published earlier by Hesse and Steiner. These findings played a major role in enumerative geometry, whereas Plücker’s work had a strongly qualitative character that imbued Klein’s early studies. A leitmotif in these works can be seen in the interplay between real curves and surfaces as reflected by their transformational properties. During the early 1870s, Klein and Zeuthen began to explore the possibility of deriving all possible forms for real cubic surfaces as well as quartic curves. They did so using continuity methods reminiscent of Poncelet’s earlier approach. Both authors also relied on visual arguments, which Klein would later advance under the banner of intuitive geometry (anschauliche Geometrie). (shrink)

Background Integrating artificial intelligence (AI) into healthcare has raised significant ethical concerns. In pharmacy practice, AI offers promising advances but also poses ethical challenges. Methods A cross-sectional study was conducted in countries from the Middle East and North Africa (MENA) region on 501 pharmacy professionals. A 12-item online questionnaire assessed ethical concerns related to the adoption of AI in pharmacy practice. Demographic factors associated with ethical concerns were analyzed via SPSS v.27 software using appropriate statistical tests. Results Participants expressed concerns (...) about patient data privacy (58.9%), cybersecurity threats (58.9%), potential job displacement (62.9%), and lack of legal regulation (67.0%). Tech-savviness and basic AI understanding were correlated with higher concern scores (p < 0.001). Ethical implications include the need for informed consent, beneficence, justice, and transparency in the use of AI. Conclusion The findings emphasize the importance of ethical guidelines, education, and patient autonomy in adopting AI. Collaboration, data privacy, and equitable access are crucial to the responsible use of AI in pharmacy practice. (shrink)

In one of his last texts, Foucault defined his philosophical enterprise as an?analysis of the conditions in which certain relations between subject and object are formed or modified, insofar as they are constitutive of a possible knowledge,? or again as?the manner in which the emergence of games of truth constituted, for a particular time and place and certain individuals, the historical a priori of a possible experience.? Despite its eclipse during the genealogical period, the notion of the historical a priori (...) is thus reaffirmed as central by later Foucault. There is, however, an essential modification with respect to its archaeological problematisation: In The Order of Things, the various historical a priori were characterized by specific relations between being and language, relations in which the subject of knowledge did not always or necessarily have a place. The Renaissance episteme was defined by the homogeneity of words and things, and its Classical counterpart by the transparent distance between being and representation, which excluded any positioning for the subject (the missing?place of the king?). Within the archaeological configuration, only the contemporary historical a priori was characterized by the invention of a new position for the subject of knowledge, that of Man, which according to Foucault generated the Analytic of Finitude and ultimately resulted in the?anthropological sleep? criticised at the end of The Order of Things. So although later Foucault refocuses his work around the notion of the historical a priori, he gives the notion a considerable twist whereby the conditions of truth saying are no longer referred back to an implicit connection between being and language, but to the various relations historically established between?modes of subjectivation? and?modes of objectification.? (shrink)

A renowned scholar investigates the "human crisis" that Albert Camus confronted in his world and in ours, producing a brilliant study of Camus's life and influence for those readers who, in Camus's words, "cannot live without dialogue and friendship. As France--and all of the world--was emerging from the depths of World War II, Camus summed up what he saw as 'the human crisis'. 'We gasp for air among people who believe they are absolutely right, whether it be in their machines (...) or their ideas. And for all who cannot live without dialogue and the friendship of other human beings, this silence is the end of the world.' In the years after he wrote these words, until his death fourteen years later, Camus labored to address this crisis, arguing for dialogue, understanding, clarity, and truth. When he sailed to New York, in March 1946--for his first and only visit to the United States--he found an ebullient nation celebrating victory. Camus warned against the common postwar complacency that took false comfort in the fact that Hitler was dead and the Third Reich had fallen. Yes, the serpentine beast was dead, but "we know perfectly well," he argued, "that the venom is not gone, that each of us carries it in our own hearts." All around him in the postwar world, Camus saw disheartening evidence of a global community revealing a heightened indifference to a number of societal ills. It is the same indifference to human suffering that we see all around, and within ourselves, today. (shrink)

En este artículo exploraremos un dilema surgido del progresivo asentamiento de una disciplina reciente en el ámbito de la teoría moral, comprendida como una rama de los enfoques naturalistas de la ética, a saber, la ‘ética evolutiva’. Esta disciplina incluye en sus investigaciones de orden ético conocimientos de tipo biológico y, particularmente, estudios en clave de las teorías posdarwinianas de la evolución. En pocas palabras, el dilema surgido de la articulación entre ética y naturalismo evolutivo consiste en lo siguiente: (i) (...) o bien las propiedades morales son naturales y explican nuestro comportamiento como resultado de procesos evolutivos, pero no alcanzan para justificar el comportamiento moral; (ii) o bien lo justifican, pues tales propiedades retienen su autonomía respecto de las propiedades naturales, pero dejan de explicar o anclar la moral en bases ‘reales’ (naturales, fácticas) objetivas de la moralidad como tal. Nuestra propuesta en este artículo busca, si no solucionar dicho dilema, al menos ‘relajar’ la tensión que contiene. Para ello realizaremos una exploración del debate en torno al realismo moral que subyace al dilema en cuestión, así como también, y particularmente, a los posibles aportes que algunas perspectivas neoaristotélicas contemporáneas podrían ofrecer para la elucidación de una vía intermedia, que evite caer en ambos extremos. (shrink)

What do we do when we say ‘We’? This paper pursues a response from analytic pragmatism. The guiding idea of analytic pragmatism is to look to what one must implicitly know how do to be able to use expressions to say something, including how to make that implicit know-how explicit. Accordingly, the question we are tasked to answer is what one must know how to do to say ‘We’ – that is, what practical know-how saying ‘We’ requires and can be (...) employed to make explicit. The concept normative ascent is introduced in developing an answer. On this approach, the know-how in question turns out to be a distinctively normative capacity. Both being and saying ‘We’ turns out to involve being able to do and say something normative. (shrink)

Maximiliano Korstanje presents an overview and analysis of the work of the Argentinian Sociologist and physician, José Ingenieros (1877-1925). In fact, José Ingenieros was a seminal scholar who contributed directly to the formation of sociology in Latin America. Born in Palermo, Italy Ingenieros grew up in Buenos Aires, Argentina. He trained in medicine, psychiatry, sociology and philosophy, he devoted much of his life to addressing societal challenges such as mass migration, imperialism, marginality, criminality and social identity. Korstanje takes in turn (...) the key areas of Ingenieros's work and examines how his thinking can be brought to bear on the social challenges of today. In particular his work on mass migration and the "Other" have echoes in the problems facing many countries in the early twenty-first century. A valuable resource for scholars and students looking to better understand this key figure in Argentinian - and Latin American - sociology in the early twentieth century. (shrink)

This Element is on new developments in the psychology of reasoning that raise or address philosophical questions. In traditional studies in the psychology of reasoning, the focus was on inference from arbitrary assumptions and not at all from beliefs, and classical binary logic was presupposed as the only standard for human reasoning. But recently a new Bayesian paradigm has emerged in the discipline. This views ordinary human reasoning as mostly inferring probabilistic conclusions from degrees of beliefs, or from hypothetical premises (...) relevant to a purpose at hand, and as often about revising or updating degrees of belief. This Element also covers new formulations of dual-process theories of the mind, stating that there are two types of mental processing, one rapid and intuitive and shared with other animals, and the other slow and reflective and more characteristic of human beings. The final topic covered is the new developments and rationality. (shrink)