A theoretical analysis of our contemporary society's relationships to the dead, specifically the dead of Native Americans, as affected by the Native American Grave Protection and Repatriation Act of 1990. Until recently, our contemporary culture has often only dealt with the relationships with the dead on a subconscious and superficial level. With the advent of N AGPRA, we must now explicitly address issues regarding obligations and relations to the dead. For the first time, these (...) issues are institutionalized by federal legislation. Although now written into law, the regulations have yet to be tested, and thus upheld, in federal court. In addition, the parameters of NAGPRA are vague. To minimize conflict we must eliminate vagaries. Clear definitions of how, why and under what circumstances we are (at least legally) obligated to the dead and what do our obligations reflect or say about the dominant culture may be thought of as defining our "death consciousness.". (shrink)

This chapter contains sections titled: Respecting Sacred Objects: Some Difficulties Alternative Grounds for Respect: The Historical and Aesthetic Properties of an Object.

Archaeologists employed in governmental positions often deal with issues that produce conflicts between their professional duties to their employer, their ethical responsibilities to the resource, and their obligations as established by legislation. The paper examines some of the conflicts imposed on governmental archaeologists by each of these systems but focuses on the conflicts imposed by federal legislation and regulations on governmental archaeologists, using “Kennewick Man” as an example.

Focusing, in part, on the influence of Jurassic-era seas on the philosophical beliefs of the Hopi and Zuni cultures of the American Southwest, the article investigates the fluid cognitive processes of the human mind and methodically investigates the presence of historical content in works from oracy-based peoples. Formal analyses of the embedded data encoded in historical oral narratives are provided and are based on Barber and Barber’s mytho-linguistic framework. The application of Roger C. Echo-Hawk’s methodology for the assessment of (...) narrative works that can contribute to cultural affiliation in consultations relating to the Native American Graves Protection Repatriation Act is considered as a possible model for similar change in the areas of assessing the relevance of material culture. The necessity of creating a similar critical framework for evaluations of the visual arts of ancient pre-historic era in the United States in keeping with the trend in narrative studies is discussed in support of the development of ‘period eye’ perspectives on which future objective studies may be based. The valid contexts an approximated period eye perspective can provide for more authentic replications of complex metaphorical relationships and cosmographies on the visual plane is demonstrated in the article’s final drawings. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:PHARAOH'S.MAGICIANS: THE ETHICS AND EFFICA:CY OF HUMAN FETAiL TISSUE TRANSPLANTS ROBERT BARRY, O.P. Program for the Study of Religion University of Illinois, Champaign-Urbana DARREL KESLER Department of Animal Sciences University of Illinois, Champaign-Urbana. IN RECENT YEARS increasing attention ha;s been given to v:rurious types of scientific riese,arch involving the human fetus. In the 1970s, :a tremendous amount of concern was expres1 sed IJ.'egiaroing the fetus,a;.s a rSU!bject of e~erimenrtation. (...) In this debate, the announced " research impeiiat:i:ve " was pos,ed against other moral imperativ;es.1 Following much soctiet :JaJl drebarte, protootlive meiaisumeis 1 WeIDe il!dopited 1by oompireihensive regiutatiions in 1975 estaiblishiing protections foT a number of research sUibjects. These regulrutions protect the fetus from non-beneficiail experimentation. that iworuild pose more than minima;l risk rto the fetus. Current debates in science and ethics now swirl arlOiund a new topic regarding human '.fetal life: the fetus as a sourrce of tissue for triansplaintation into other persons ais run e~erimental thempy. It is an issue that is rapidly moving torward the same Jevel of" research imperative" as did the earlier debate on the 1 See Paul Ramsey, The Ethics of Fetal Research (New Haven: Yale University Press, 1975): "Today one often hears statements like' Fetal Research must be done,' or 'It would be immoral not to do this research'" (P. xv). The validity of such opinions and utterances entirely depends on a netbenefits ethics, and the validity of that moral universe has been called increasingly into question in recent years. 575 576 ROBERT BARRY, O.P. AND DARREL KESLER ~etus as subject. Recently,,a new level of intensity was added to this deharte rby the imposition of an indefinite moratorium on federal support for research on transplantrution experiments inv;olving human.fetirul tissue and other!humans. 1Thls " :indefinite moratorium " w1as a result of a process that 1 began with research p110posaJs considered rby the National In- 'stituites of Health (NIH) in October 1987. In Marich 1988 a momtorium wa;g plaioed on the r:eseareh, and an 1advisory panel was summoned to consider the ethical issues involved. This panel presented 1a cveoommendation for the procedures. However, the Secretary of the Department of Health and Ruman Se1wfoes (HHS), Dr. Louis Sullivan, decided against the research proposal on etmcal grounds. His decision w:as with the 'concU'l'Tenoe of the Assistant Secretary :£m.· Health of HHS, Dr. James Mason, who has Tespons~bility for the NIH. Secretary SulliV1an's decision was oommumcarted to the Acting Director of the NIH, Dr. William Raub, in Nov,ember 1989. A :firestorm of criticism erupted from,rudv;ocates of this research, including the Council of Judicial and Ethical Affairs of tihe American Medical Association, which 5.n June 1989 called for an end to the:ban.2 In this article, we wish to question both the science and the ethics of the rproposed fotal tissue transplantation therapy. We!Will 1support the £edeml funding moratorium and surggest new pmtections for the fetuses (whether po,ssibly living or de2 " Medical Applications of Fetal Tissue Transplantation", JAMA, Vol. 263, No. 4, January 26, 1990, 'PP· 565-570. There has been a.great deal of public debate, not only in the U.S. but also in Europe over whether human embryo research should be supported with public funds. Many Catholic countries in Europe have prohibited such research, while a number of other nations have allowed it. Dickson, D., "Europe Split on Embyro Research", Science, Vol. 242, November 21, 1988, pp. 1117-1118. The most interesting controversy is in West Germany where there is a strong movement to prohibit it because many there believe such an experimentation requires judgments that there are certain forms of human life that do not deserve to survive. Ibid., p. 1117. Many Germans regard these sorts of judgments as too close to those made by Nazis, and there is strong sentiment to prohibit such research altogether. Ibid. HUMAN FETAL TISSUE TRANSPLANTS 577 oea:sed) of elective a.bortfons. We will also describe new reseaooh directions in t~apy.for the diseases in which it is claimed that fetal... (shrink)

Our society currently faces many complex and perplexing issues related to biotechnology, including the need to define the outer boundaries of genetic research on human beings and the need to protect individual and group rights to human tissue and the knowledge gained from the study of that tissue. Scientists have increasingly become interested in studying so-called “population isolates” to discover the nature and location of genes that are unique to particular groups. Indigenous peoples are often targeted by scientists because “the (...) relative isolation of the communities ensures minimal gene flow.” Such studies raise a number of issues related to privacy rights, property rights, informed consent, and group rights versus individual rights. These issues recently came to light in a case brought by the Havasupai Tribe and its members over the use of blood samples, handprints, and genealogy information initially taken by researchers at Arizona State University for a diabetes project. These materials were then allegedly used by researchers at ASU and other institutions for a multitude of unauthorized purposes, including research into the frequency of mental health disorders and the origin of human populations. Consequently, the affected members sued for damages under several legal theories. However, underlying all of these claims was the allegation that this unauthorized use of genetic resources and data not only injured the individuals who gave samples, but also caused a collective harm to the Havasupai Tribe and the cultural and spiritual beliefs of its members. (shrink)

The passage of the Patient Protection and Affordable Care Act in March 2010 represents a significant turning point in the evolution of health care law and policy in the United States. By establishing a legal infrastructure that seeks to achieve universal health insurance coverage in the United States, the ACA targets some of the major impediments to accessing needed health care for millions of Americans and by extension attempts to strengthen the health system to support key determinants of health. (...) Yet, like many newly passed legislative provisions, the ultimate effects and significance of the ACA remain uncertain. Those charged with implementing the ACA face formidable obstacles — indeed, some of the same obstacles that have been erected to impede other major pieces of social legislation in the past — including entrenched political opposition, constitutional challenges, and what will likely be a prolonged struggle over the content and direction of how the law is implemented. As these debates continue, it is nevertheless important to begin to assess the impact that the ACA has already had on health law in the United States and to consider the likely effects that the law will have on public health going forward. (shrink)

Our exemplar of a Native American relational ethic is depicted through the Seven Grandfather Teachings, an ancient sacred story of Potawatomi and Ojibwe peoples. These teachings state that human beings are responsible to act with wisdom, respect, love, honesty, humility, bravery, and truth toward each other and all creation. We illustrate the possible uses of this ethic through exercises wherein students reflect on the values and learn lessons related to ethics, leadership, teamwork, and relationships, or create stories using (...) Native American story form. (shrink)

The question to be answered is why do different cultures respond to the land differently? The question is born in the tension between Native American and the Anglo macroculture valuing of the land. Using the philosophy of George Herbert Mead, it is argued that the land is seen as a social being ,in the same way that an individual sees another person. Mead's philosophy of the development of the individual begins with the relation of the developing self and (...) a social other. That relationship defines acts acceptable within the society, including the acts of observation and reflective thought. Thus, the very process of development becomes bound by the society. As the individual grows, according to Mead, the social other (and the relation between the other and the self) become generalized to include objects of the environment, such as the land. The acts toward others now become acts toward the land. As the acts toward others have value within the society, so the acts toward the land take on the same values. The individual mind is never an exact duplicate of the culture, but is limited by the culture, which results in specific tensions as two cultures come together. Again, using Mead, it is shown that the morality of our response to the land is dependent upon the growth of the individual, and that that growth can be provided by the very conflict of the acculturation. (shrink)

In this article we examine the specific contributions Native American thought can make to the ongoing search for a Western ecological consciousness. We begin with a review of the influence of Native American beliefs on the different branches of the modem environmental movement and some initial comparisons of Western and Native American ways of seeing. We then review Native American thought on the natural world, highlighting beliefs in the need for reciprocity and (...) balance, the world as a living being, and relationships with animals. We conclude that Native American ideas are important, can prove inspirational in the search for a modem environmental consciousness, and affirm the arguments of both deep ecologists and ecofeminists. (shrink)

Is the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences? Do U.S. laws about Native Americans violate the preferred or traditional "silence" of the peoples whose religions and languages they aim to "protect" and "preserve"? In Just Silences, Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice.Grounding her claims (...) about modern law in rhetorical analyses of U.S. law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, Constable asks what we are to make of silences in modern law and justice. She shows how what she calls "sociolegal positivism" is more important than the natural law/positive law distinction for understanding modern law. Modern law is a social and sociological phenomenon, whose instrumental, power-oriented, sometimes violent nature raises serious doubts about the continued possibility of justice. She shows how particular views of language and speech are implicated in such law.But law--like language--has not always been positivist, empirical, or sociological, nor need it be. Constable examines possibilities of silence and proposes an alternative understanding of law--one that emerges in the calling, however silently, of words to justice. Profoundly insightful and fluently written, Just Silences suggests that justice today lies precariously in the silences of modern positive law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 22 (2002) 2-15 [Access article in PDF] Economic Aspects of Social and Environmental Violence John B. Cobb Jr. Claremont School of Theology I When we think of violence, what first comes to mind are violent acts by individuals or groups against other individuals. We think of rapes and murders, lynchings and muggings, beatings and armed robberies. We want the police to protect us from this violence. Unfortunately, (...) we know that police are tempted, in turn, to employ their power in violent ways, chiefly against those guilty of crimes, but sometimes against the innocent. The cycle of violence on the part of individuals and groups goes on.Bad as this violence is, it is worse when the state, instead of restricting it, supports and requires it. Political authorities have always exercised violence against their own people, especially those they suspected of being threats to their power. But in the twentieth century, state violence reached previously unheard of levels. For the sake of building a communist society, Stalin killed millions and imprisoned millions more. The Nazis undertook to purify Germany of Jews, gypsies, and other undesirables through extermination undertaken through bureaucratic processes.We Americans do not think of ourselves as having employed state power in any such way. We know that national power was used violently to drive Native Americans off their land down through the nineteenth century. We know that southern states used their power to enforce segregation and protect whites who engaged in violent acts against blacks in order to maintain total white domination over them. But we now think of the national government much more as the protector of human rights. This is not entirely false.We tend not to recognize, however, the amount of violence the national government is exercising in the wars against crime and drugs. In order to reduce individual violence as well as drug use, we have created a prison population of two million. One-fourth of all the prisoners in the world are in the United States, most of them jailed for nonviolent crimes. Although drug use is more or less equally spread among ethnic and economic groups, most of those imprisoned for this crime are poor and ethnic minorities. In the name of law and order, enormous violence is inflicted by the United States against the people of its ghettos. [End Page 3]In this same century war also took on new dimensions. It has been waged against entire populations instead of armies. The aim at total destruction came to its fullest expression when twice the United States dropped atomic bombs on Japan.World War II has made all of us sadly aware of the horrors of state violence. It has turned us against nationalism. We are appalled as we see nationalism raise its ugly head again in the former Soviet Union and especially in the former Yugoslavia. When ethnic groups undertake to destroy each other, our moral condemnation is unambiguous. Personal, group, and state violence remains a problem, but at least the wrong involved in this is widely understood.In all civilization there has been another kind of violence—economic. In much of history economic violence has been closely related to the forms noted above. The rich have been able to impose their will on the poor because they could employ persons to exercise violence for them and they could influence state action. We see this glaringly in the "goon squads" employed by the wealthy in some Latin American countries to intimidate and kill those who protest their actions. These goon squads often work closely with the military power of the state.We know that in this country as well, wealth reduces the chance of conviction for crimes. It also buys influence in government. On the whole the United States government throughout history has supported the interests of those with money. Today the power of wealth in the political process is clearly evident. We recognize that this situation is corrupt, but we do not ordinarily think of it as a form of violence. This is because the violent consequences are indirect, and we are... (shrink)

After the terrorist attacks of September 11, 2001, most legacy airlines filed for bankruptcy protection as a way to cut costs drastically, with the exception of American Airlines. This article applies the Principle of Double-Effect to the act of filing for Chapter 11 bankruptcy protection for reasons of management strategy, in particular, cost-cutting. It argues that the Principle can be a useful tool for discerning the ethicality of the action, and demonstrates the usefulness by proposing three double-effect (...) criteria that, when fulfilled, argues for the ethical justifiability the action in question. (shrink)

At the beginning of the sixteenth century, in the lands that are now the United States (the forty-eight contiguous states, Alaska and Hawaii), there must have been many hundreds of distinct languages. Fewer than two hundred remain, and the future of these is decidedly insecure, even where the remoteness of the location (in the case of Inuit in Northern Alaska) or the large size of the speech community (in the case of Navajo in the Southwest) might seem to protect the (...) community from language loss. Yet even this vastly reduced reservoir of linguistic diversity constitutes one of the great treasures of humanity, an enormous storehouse of expressive power and profound understandings of the universe. The loss of the hundreds of languages that have already passed into history is an intellectual catastrophe in every way comparable in magnitude to the ecological catastrophe we face today as the earth's tropical forests are swept by fire. Each language still spoken is fundamental to the personal, social and - a key term in the discourse of indigenous peoples - spiritual identity of its speakers. They know that without these languages they would be less than they are, and they are engaged in the most urgent struggles to protect their linguistic heritage. The goal of this paper is to review the contexts and practices of this struggle, in the hope that people everywhere will support it. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Archive, The Native American, and Jefferson’s ConvulsionsJonathan Elmer (bio)1 Saxa loquunturTrauma theory proposes that there are inscriptions that befuddle any clean divide between present and past, records that have been neither selected nor destroyed by evolutionary veto but remain in some kind of limbo, “in abeyance,” as Jacques Lacan phrases it, “awaiting attention.” In a typical maneuver, Lacan emphasizes a double meaning in the French—the “reality” (...) awaiting attention is “en souffrance” [Lacan 56]. Lacan’s wordplay injects a note of pathos into what might otherwise seem a merely cognitive or epistemological question about how, or whether, we can adequately access the historical archive, whether of individuals or of cultures. At its most basic, the psychoanalytic concept of trauma insists on this ambiguous coupling between affect and event, feeling and knowing: trauma names a happening about which one never fully knows how to feel, or feels how to know. In trauma theory—as in its various avatars in current debates about canons, about historical memory and forgetting, about cultural identity as imperiled or reclaimed or repressed—this ambiguity about the relation between affect and event becomes codified as an entanglement between the ethical and the cognitive. In “Archive Fever,” Jacques Derrida notes that the term “archive” itself harbors this ambiguity: the archive is at once the beginning and the authority, it puts into play two “orders of order,” the “sequential” and the “jussive,” “the commencement and the commandment” [9]. The divine fiat of creation is an image of the perfect coincidence of these two orders of order, while historical consciousness, in the West at least, might be understood as the progressive elaboration of the dissociation of commencement and commandment. Such a dissociation is never, perhaps, complete, which is why the question of knowing the commencement, the order of sequence of past events, always seems shadowed by an encounter with commandment, authority, ethical obligation.Derrida emphasizes a drive toward unification in the archive, what he calls the act of “consignation,” or “gathering together signs”: “Consignation aims to coordinate a single corpus, in a system or a synchrony in which all the elements articulate the unity of an ideal configuration. In an archive, there should not be any absolute dissociation, any heterogeneity or secret which could separate... or partition, in an absolute manner” [10]. Because his primary topic in this essay is Freud, Derrida goes on to demonstrate how this practice and ideal of consignation deconstruct themselves in the psychoanalytic archive. On the one hand, Freud’s innovations “made possible,” or so Derrida contends, the notion of an archive that “cannot be reduced to memory: neither to memory as conscious reserve, nor to memory as rememoration, as act of recalling” [58]. On the other hand, and despite his development of this concept of an immemorial archive, however, Freud “was incessantly [End Page 5] tempted to redirect the original interest he had for the psychic archive toward archeology.” Derrida quotes an astonishing passage from the 1896 paper “The Aetiology of Hysteria,” in which Freud indulges in the fantasy that never leaves psychoanalysis, and that evinces the profound implication of this theory with other archival projects, here the imperialist dramas of ethnography. The fantasy is one in which “stones talk”:Imagine that an explorer arrives in a little-known region where his interest is aroused by an expanse of ruins, with remains of walls, fragments of columns, and tablets with half-effaced and unreadable inscriptions. He may content himself with inspecting what lies exposed to view, with questioning the inhabitants—perhaps semi-barbaric people—who live in the vicinity, about what tradition tells them of the history and meaning of these archaeological remains, and with noting down what they tell him—and he may then proceed on his journey. But he may act differently. He may have brought picks, shovels and spades with him, and he may set the inhabitants to work with these implements. Together with them he may start upon the ruins, clear away the rubbish, and, beginning from the visible remains, uncover what is buried. If his work is crowned with success, the discoveries are self-explanatory: the ruined walls are part of the ramparts of... (shrink)

Fairness has long been denied for African-Americans and other people of color when it comes to environmental injustices, or crimes committed by state governments and polluting industries/corporations. Unfortunately, polluting companies often go unpunished for their environmental misdeeds, particularly if what they do is in minority or marginalized communities. Furthermore, environmental biases in American courts, unfortunately, are still prevalent in our society today—that is, when it comes to vulnerable groups, who continue to seek environmental justice, but cannot fight back. Environmental (...) injustice, therefore, should be considered unjust acts when it comes to polluting communities of color. Also, environmental issues are always problematic, especially in regard to climate change. In a certain sense, there is an urgent need to protect these disadvantaged communities of color from polluting corporations. Indeed, can we end this environmental cruelty? More importantly, how can we stop polluters from burying hazardous material in landfills on lands owned by Indigenous people or Native Americans? Polluting industries must also be put on notice, and we must question anyone in the energy business who is deceptive about their nasty pollution. It should be obvious that nothing will change anytime soon regarding the environmental injustice issue if we do not get involved and fight the polluters head-on, and without reservation. (shrink)

This article examines how the authorization of scientific discourses in the US Endangered Species Act of 1973 has influenced the ways people make claims about culturally significant animals. In it, I focus on struggles over the management of two endangered fish species among a federally recognized Native American tribe, state resource managers, and other actors. I discuss how the requirements of the ESA, namely that decisions regarding the protection of endangered species must be made based “solely on (...) the basis of the best scientific…data available,” have pushed people to reframe their cultural claims about the environment as scientific claims in order to gain legal authority. I argue that these animals span the social worlds of indigenous hunters and fishers, regulators, and ecological scientists. As such, they offer the opportunity to interrogate the relationships among ways of knowing the environment. I suggest that strict divisions among “types” of knowledge as well as hard-and-fast bonds between groups and “their” knowledge become problematic. Instead, people assemble eclectic articulations of knowledge to make the most authoritative claim possible in a given context, contradicting the assumption that certain people know the world only, or primarily, in a particular way. (shrink)

A hierarchical ordering of approaches afflicts environmental thinking. An ethics of individualism unjustly overrides social/political philosophy in environmental debates. Dialectics helps correct this imbalance. In dialectical fashion, a synthesis emerges between conflicting approaches to dialectics and to nature from: Marxism (Levins and Lewontin), anarchism (Bookchin), and Native Americanism (Black Elk). Conflicting (according to Marxists) and cooperative (according to anarchists) forces both operate in nature. Ethics (anarchist), political theory (Marxist), and spirituality (Native American) constitute the interconnected interpretative domains (...) of a dialectically informed ecophilosophy. In a world painted too often in blacks and whites, ecological dialectics colors the picture a more realistic gray. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 42, no. 3. © 2016 by Feminist Studies, Inc. 757 Ramzi Fawaz How to Make a Queer Scene, or Notes toward a Practice of Affective Curation Let me begin with two stories. In spring of 2013 I organized a semester -long, undergraduate film series at George Washington University titled “Acting Up: Queer Film and Video in the Time of AIDS.” At semester ’s end, after participants had (...) watched nine films about the AIDS epidemic —among them classic AIDS documentaries, activist videos, and mainstream Hollywood productions—I chose to conclude the series with the 1991 documentary Silverlake Life: The View from Here. Silverlake Life documents a year in the lives of Tom Joslin and Peter Friedman, a gay couple living in Los Angeles in the late 1980s who share an HIV diagnosis. At the time I made the selection, I did not realize that Silverlake Life documents one of the most devastating lived experiences of the AIDS epidemic ever filmed: during the course of taping, Tom, the initial documentarian, becomes gravely ill and dies on camera while lying in bed after a week-long convalescence. Reviewing this scene before our official screening, I found myself overwhelmed by intense feelings of anxiety. On the one hand, I felt a deep responsibility to expose my students to the aesthetic and political work of this daring documentary, and on the other, to protect them from witnessing forms of suffering that might traumatize them more than illuminate the social history of AIDS. When we convened to discuss the film, many students expressed how devastated they were by what they had seen. Rather than shutting down conversation, however, the depth and intensity of their viewing 758 Ramzi Fawaz experience galvanized an extraordinary conversation about the ethics of documenting the lives (and deaths) of people with AIDS. What they witnessed expanded the very possibilities of what they could feel about issues of collective concern such as the AIDS epidemic, while also transforming their ability to reconsider productive encounters with pain, suffering, and trauma. In my fear of negatively impacting students, I had forgotten both their capacity to respond with generosity and openness to traumatic images as well as my own careful curation of nine previous films and the attendant conversations held around them, which had laid a groundwork of shared affective openness to difficult content. One year later, as a newly minted assistant professor of English at the University of Wisconsin, Madison, I taught a large lecture course on American fantasy. In the fourth week of class, I screened The Wizard of Oz as part of a unit on the Hollywood musical, and I devoted a lecture to a gay and lesbian interpretation of this classic film. I highlighted the movie ’s camp aesthetics, its gender play and drag elements, and its derailing of traditional heterosexual romance plots. As a gay man well versed in queer media scholarship, I took it for granted that this was a pleasurable but patently obvious interpretation of a film that I assumed most people recognized for its exuberant and visually spectacular gayness. Yet as I spoke, I sensed a visceral tension build in the room. Half the students seemed mesmerized by the possibility of a queer aesthetic underlying the movie, while the other half frowned at me in silent fury, outraged by my daring to desecrate the presumed innocence of a childhood escape. The seething resentment of this latter group was confirmed for me when, weeks later, my teaching assistants disclosed that numerous students had expressed feelings of anger and frustration that my interpretation had “ruined” their pleasure in a beloved film of their youth. This circumstance prompted me to confront my students the following week: microphone in hand, I strolled the room and asked students to account for their feelings of discomfort. I wanted them to explain why their personal pleasure in The Wizard of Oz hinged on the diminishment of alternative viewing possibilities, including unexpected queer delights in transparently “straight” narratives. Students were clearly jolted out of their complacent belief that no one would hold them accountable for their perspective, or that their view might have political or ethical consequences: yet the resistance of some to being called... (shrink)

Recent research has focused on establishing the values of preserving biodiversity both in agriculture and in less managed ecosystems, and in showing the importance of the role of cultural diversity in preserving biodiversity in food production systems. A study of the philosophy embedded in cultural systems can reveal the importance of the technological information for preserving genetic biodiversity contained in such systems and can be used to support arguments for the protection/preservation of cultural diversity. For example, corn or maize (...) can serve as a paradigm of Native American thinking and can provide one of the few areas from which common philosophical conceptions can emerge. An examination of the cultivation of corn or maize as an agricultural activity and as a cultural activity in Native American literature reveals a philosophy that recognizes the importance of biodiversity and provides techniques for its preservation. Corn, and the food and the materials derived from it, is something thought out, not by specialists, but by the entire tribe and its ancestors, even if this thinking is done within what we might consider a framework of highly mythical notions. Importantly, this framework yields an understanding of both the genetics and nutrition of corn. A survey of these mythical notions (myths and stories) and agricultural practices makes this thought explicit and exemplifies the value of cultural diversity and biodiversity. (shrink)

This essay explores the process and issues related to community collaborative research that involves Native Americans generally, and specifically examines the Navajo Nation’s efforts to regulate research within its jurisdiction. Researchers need to account for both the experience of Native Americans and their own preconceptions about Native Americans when conducting research about Native Americans. The Navajo Nation institutionalized an approach to protecting members of the nation when it took over Institutional Review Board (IRB) responsibilities from the (...) US Indian Health Service (IHS) in 1996. While written regulations for the Navajo Nation IRB are not dissimilar, and in some ways are less detailed than those of the IHS IRB, in practice the Navajo Nation allows less flexibility. Primary examples of this include not allowing expedited review and requiring prepublication review of all manuscripts. Because of its broad mandate, the Navajo Nation IRB may also require review of some projects that would not normally be subject to IRB approval, including investigative journalism and secondary research about Navajo People that does not involve direct data collection from human subjects. (shrink)

The current study reports on three role-plays investigating the understanding and uses of politeness by native speakers of Spanish from Spain, native speakers of English from the United States, and nonnative speakers of Spanish from the United States. Motivated by the different characterization of Peninsular Spanish and U.S. American cultures as solidarity and distancing cultures, respectively, we expected that American English speakers would be more inclined towards the use of politeness strategies linked to the protection (...) of face, while Spaniards would make more use of maneuvers to enhance face. The pertinent research question is whether learners transfer into L2 their L1 preference for face-saving, or, conversely, are able to adapt their behavior depending on the language of the interaction. Our results show that, overall, nonnative speakers still abide by the norms of their L1 to some extent, attaching more importance to the avoidance of face-threats when speaking in Spanish than native speakers do, although this preference tends to become less marked as their proficiency in the L2 increases. (shrink)

The present trend toward routine inquiry appears to be based on the false premise that the individual's wishes cannot be known and that, therefore, the family is the only alternative for making donation decisions. The UAGA states that the family should be turned to only when the wishes of the individual are not known.To protect the right of individuals to make their own decision, an effective and efficient process for making the wishes of individuals known should be devised and the (...) UAGA amended accordingly. I have presented the policy of strong required request as the best way to effectively protect the rights that the UAGA ostensibly gives to the individual. This policy ensures that the individual's wishes, both for and against donation, are known. It also alleviates some of the problems in the original approach that hindered the procurement of organs from willing donors. Strong required request saves families from making critical decisions, which may be painful and conflicted for some, at a time of emotional shock and grief. (shrink)

The Society of American Foresters (SAF) has long had an ethic of using forests to benefit society. Now many foresters, prompted by Aldo Leopold and his land ethic, are wondering if SAF does not need a forest ethic, respecting the integrity of natural systems, to complement its ethic for society. Forests are communities as well as commodities. Forest management ought to expand from an ethical of multiple use to one of protecting multiple values found in forests.

The combination of decreased genotyping costs and prolific social media use is fueling a personal genetic testing industry in which consumers purchase and interact with genetic risk information online. Consumers and their genetic risk profiles are protected in some respects by the 2008 federal Genetic Information Nondiscrimination Act (GINA), which forbids the discriminatory use of genetic information by employers and health insurers; however, practical and technical limitations undermine its enforceability, given the everyday practices of online social networking and its impact (...) on the workplace. In the Web 2.0 era, employers in most states can legally search about job candidates and employees online, probing social networking sites for personal information that might bear on hiring and employment decisions. We examine GINA's protections for online sharing of genetic information as well as its limitations, and propose policy recommendations to address current gaps that leave employees? genetic information vulnerable in a Web-based world. (shrink)

Motivated by the ethical dilemma in managerial financial reporting decisions, we explore and reveal an unintended “crash” consequence following accelerated patenting information dissemination. Employing the American Inventor’s Protection Act (AIPA) that accelerated the publication of patent applications, we find that accelerated dissemination of patenting information increases stock price crash risk. This effect is stronger when treated firms are technologically closer to their rival firms and more concerned about proprietary costs. Further analyses indicate that, the heightened crash risk following (...) the AIPA is attributable to managers shifting towards less timely bad news disclosures. Overall, our study documents that accelerated dissemination of patenting information induces managers to strategically withhold negative information, which adds to the comprehension of what and how (un)ethical decisions are undertaken by managers. (shrink)

The accurate pricing of securities in the capital markets depends upon the markets being both efficient and fair. In management buyout transactions (MBOs), the price bid by inside managers enhances the efficient pricing of securities but raises a reasonable doubt about the fairness to existing shareholders. This study addresses this fairness question in MBOs and offers short-term and long-term legal alternatives which allow both the efficiency and fairness criteria to be met. In the short-term the case law established in the (...) Basic v. Levinson decision for merger negotiation disclosures should be applied to MBO transactions. Over the longer horizon, legislative changes should be made to existing securities laws. Applying the investor protection principles of the 1933 and 1934 securities acts to MBO transactions will suppress the temptation of managers to extract shareholder wealth for their personal gain. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:CHARITY LOST: TBE SECtJLA'.RIZATfON OF THE PRINCIPLE OF DOUBLE EFFECT IN THE JUST-WAR TRADITION TIMOTHY M. RENICK Georgia State University Atlanta, Georgia 0 N AUGUST 12, 1945, the city of Hiroshima still smoldered, and President Harry Truman addressed the American people : We have used [the atomic bomb] against those who have attacked us without warning at Pearl Harbor, against those who have starved and beaten and executed (...) American prisoners of war, against those who have abandoned all pretense of obeying international laws of warfare. We have used it in order to shorten the agony of war.1 Truman and his military advisers had made a calculation. Japan was preparing for a last-ditch defense of the Japanese Islands. The prospect was ominous, to say the least. The United States had suffered eighty thousand casualties in the taking of the smaller and less protected Okinawa just two months earlier; 120,000 Japanese soldiers had been killed (and only ten-thousand taken prisoner). Strategists estimated that losses, both military and civilian, from a full scale battle for Japan itself would exceed one million. Surely the tens of thousands killed by exploding a bomb over Hiroshima was the lesser evil. Surely this was a proportionate act : fifty thousand lives traded for a million. As Winston Churchill wrote in support of Truman's decision: "To avert a vast, indefinite butchery... at the cost of a few explosions seemed, after all our toils and perils, a miracle of deliverance." 2 1 Michael Walzer, lust and Unjust Wars (New York: Basic Books, 1979), p.164. 2 Ibid., pp. 266-267. 441 442 TIMOTHY M. RENICK From an ethical perspective, however, the act was anything but a deliverance. I am not alone in this assessment. Advocates of the just-war tradition including Elizabeth Anscombe, Paul Ramsey, George Kennan, John Langan, and Michael Walzer have condemned the bombing of Hiroshima by means of a shared just-war argument.8 The argument goes as follows, and it is a good one. In times of war, many actions are likely to have both good and evil effects. One destroys an enemy's munitions factory (good effect) but kills an innocent child in the process (evil effect). The jus in bello of the just-war tradition, however, stipulates that an action which has a " double effect " is permissible if and only if: ( 1) it is discriminate (i.e., the actor aims only at the good effect and does not intend the evil effect, nor is the evil effect a means to the end, however good); and (2) it is proportionate (i.e., the good created by the act outweighs the bad).4 Now, the argument continues, Truman's decision to bomb Hiroshima failed the first criterion. It was not a discriminate act because the evil effect (the killing of tens of thousands of Japanese civilians) was not unintended. In fact, the evil was the very means to the good end. Although Truman himself claimed to have selected Hiroshima as a target because it was "a war s See, for example, G. E. M. Anscombe, "Mr. Truman's Decision," in Ethics, Religion and Politics (Minneapolis, Minn.: University of Minnesota, 1981); M. Walzer "Supreme Emergency," in Just and Unjust Wars; and John Langan, "The American Hierarchy and Nuclear Weapons," Theological Studies 43 (1982) : 447-467. ' I utilize here a helpful shorthand version of the principle of double effect introduced by Paul Ramsey in War and the Christian Conscience (Durham, North Carolina: Duke, 1961). More frequently, the principle is rendered by means of four criteria: It is permissible to perform an act likely to have evil consequences if and only if (I) the act is good in itself or at least indifferent; (2) the direct effect is morally justified; (3) the actor aims only at the acceptable effect and does not intend the evil effect, nor is the evil effect a means to the end, however good ; and (4) there is in the good effect a proportionately grave reason for permitting the evil effect. The shortened version of the theory captures all components essential to my discussion and enhances clarity. I thus will make use of it throughout this essay. CHARITY AND... (shrink)

The Americans With Disabilities Act (ADA) promotes social justice by protecting disabled persons from discrimination and prejudice. It seeks equality of opportunity for them and protects their well being by giving them fair access to goods, services and benefits. These rights are circumscribed in the ADA, however, by constraints of cost, efficiency, utility, and certain social mores. The ADA offers little direction about how to set priorities when these values come into conflict, or about whether equality of opportunity favors equivalent (...) or preferential treatment for disadvantaged people. Until these ambiguities and potential value conflicts are resolved, a central moral and social problem remains unresolved: How can we demonstrate commitment to the rights and welfare of those with severe disabilities while placing fair limits upon their claims? Five special concerns are discussed: (1) eligibility and the allocation of health care; (2) the meaning of ‘qualified but disabled’ in employing people with mental disabilities; (3) equal opportunity and problems of envy and malingering; (4) ADA accommodation and public protection through testing and licensure; and (5) ADA protection and problems of backlash. Rather than simply wait to see what courts and administrative agencies decide, we should evaluate the moral conflicts, articulate criteria, and help make some difficult choices on morally defensible grounds. Keywords: disabled, health benefit plans, health care rationing, health care reform, health priorities, health services accessibility, Oregon, Rawls, selection bias, social justice CiteULike Connotea Del.icio.us What's this? (shrink)

The landscape of the Sundarbans today is a product of two countervailing forces: conversion of wetland forests to cropland vs. sequestration of the forests in reserves to be managed for long-term sustained yield of wood products. For two centures, land-hungry peasants strove to transform the native tidal forest vegetation into an agroecosystem dominated by paddy rice and fish culture. During the colonial period, their reclamation efforts were encouraged by landlords and speculators, who were themselves encouraged by increasingly favorable state (...) policies (land grants, tax incentives, cadastral surveys, and eventually colonization projects and subsidized irrigation) designed by revenue officials to maximize the rate of transformation of wetland forest to taxable agricultural land.In the late nineteenth century, as the rate of agricultural conversion increased, the colonial Forest Department succcessfully sought to preserve large areas of the remaining Sundarbans tidal forest by giving them legal status as Reserved or Protected Forests. These forests were intensively managed to provide a sustainable supply of timber and firewood for the increasing population of southern Bengal. Institutionalization of conflicting policies by the Revenue and Forest Departments reflected the escalating needs for both food and forest products as the colony grew. Today, supplies of some economically valuable trees have been depleted, and some mammals are locally extinct (although the Bengal tiger remains), but government policy in both Bangladesh and India now favors use of the Sundarbans as forest rather than its transformation to agricultural land. Further expansion of cropland to meet the grain demands of the burgeoning Bengali population in both nations has largely taken place outside the boundaries of the Sundarbans. Overexploitation of these forests for wood products remains a possibility, but large-scale clearing for rice paddies is unlikely under present policies. (shrink)

What is popular defense? From whom do we have to defend ourselves?Originally civilian populations were capable of defending themselves both in times of peace and war. A military racket was subsequently imposed upon them in the name of protection and popular defense lost its capacity to resist external attack. In case of total war, between the native populations which form the constitutional basis of all great modern states and the military now in charge of defending them there was (...) no more "common culture." Industrial wars subsequently managed to replace the thousand-year-old pact of semi-colonization with total colonization. First experimented with in South America, this kind of "endo-colonization" was gradually extended to all the post-industrial countries through the exponential development of the techno-military complex. (shrink)

Like all fields of inquiry, Irish studies has its own traditions, its own ways of organizing information. even the most adventurous of the native practitioners tend carefully to maintain disciplinary boundaries when presenting evidence to sustain a thesis, and American scholars have used Irish practice as their frame of reference. This essay, which engages with the time-honored and increasingly vexed enterprise of defining “Irishness,” introduces play into these traditions both in spirit and in methodology. An alternative approach to (...) analyzing Ireland might foreground the underlying assumptions about social relations and historical patterns that link Irish art and writing across diverse fields of inquiry. Exploring the many rhetorics of Ireland might make it impossible, for example, for those involved in the essential task of historical and scientific inquiry—to overlook the submessages of popular Irish representations.I begin, obliquely, with a contrast between American and Irish censorship of music videos. My inquiry targets some fundamental differences between American and Irish appropriations of the body, from which the essay suggests symmetries between the psychological development of individuals in Ireland and one stage in what might be termed the psychohistory of Irish culture. As an experimental, semidisruptive piece that challenges disciplinary lines in the field and introduces fresh theoretical categories, this essay reaches toward a new Irish studies. Cheryl Herr, associate professor of English at the University of Iowa, has published Joyce’s Anatomy of Culture and For the Land They Loved: Irish Political Melodramas, 1890-1925 . Two of her current projects involve spatial organization in Ireland and the syntax of English modernism. (shrink)

Can epistemologies anchor processes of social inequality? In this paper, we consider how epistemological dominance in science, engineering, and health fields perpetuates disadvantages for students who enter higher education with alternative epistemologies. Drawing on in-depth interviews with Native American students enrolled at two US research universities who adhere to or revere indigenous epistemologies, we find that epistemological dominance in SE&H degree programs disadvantages students through three processes. First, it delegitimizes Native epistemologies and marginalizes and silences students who (...) value them. Second, in the process of imparting these dominant scientific epistemologies, SE&H courses sometimes require students to participate in pedagogical practices that challenge indigenous ways of knowing. Third, students encounter epistemological imperialism: most students in the sample are working to earn SE&H degrees in order to return to tribal communities to “give back,” yet, because the US laws regulating the practice of SE&H extend onto tribal lands, students must earn credentials in epistemologies that devalue, delegitimate, and threaten indigenous knowledge ways to practice on tribal lands. We examine how students navigate these experiences, discuss the implications of these findings for SE&H education, and describe how epistemological dominance may serve as a mechanism of inequality reproduction more broadly. (shrink)

This essay explores some of the affinities between current theories of North American Indigenous trickster narratives and continental philosophy where they are both concerned with the question of responsibility in subject formations. Taking up the work of Judith Butler, Franz Kafka and Gerald Vizenor, the author works to show how both continental and Indigenous intellectual traditions work against any assumed stability for the ‘I’ in the narration of the self, yet toward responsible relationality. Such affinities, however, emerge from differing (...) socio‐cultural and linguistic horizons that are not reducible one to the other. This is particularly so with regard to the natural world and the ways in which Indigenous narratives are developed to foster responsible subjects to a larger biotic environment. Through discussion of such affinities and differences, the author seeks to broaden and multiculturalize contemporary debates in philosophy. (shrink)

Protecting the privacy of individually-identifiable health data is a dominant health policy objective in the new millennium. Technological, economic, and health-related reasons substantiate the development of a national electronic health information infrastructure. Through this emerging infrastructure, billions of pieces of health data of varying sensitivities are exchanged annually to provide health care services and service transactions, conduct health research, and promote the public’s health. These multi-purpose, rapid exchanges of electronic health data, far removed from the typical disclosure of health information (...) through the doctor/patient relationship of yesteryear, contribute to heightened individual concerns about identifiable health data. Responding to American fears and perceptions of actual and potential privacy abuses, policymakers have recently developed new, modern privacy protections through legislative and regulatory laws, as well as ethical and industry codes.Modern health information privacy protections are reflected in federal regulations developed by the federal Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996. (shrink)

Social movements often impose nontrivial costs on others against their wills. Civil disobedience is no exception. How can social movements in general, and civil disobedience in particular, be justifiable despite this apparent wrong-making feature? We examine an intuitively plausible account—it is fair that everyone should bear the burdens of tackling injustice. We extend this fairness-based argument for civil disobedience to defend some acts of uncivil disobedience. Focusing on uncivil environmental activism—such as ecotage (sabotage with the aim of protecting the environment)—we (...) argue that some acts of uncivil disobedience can be morally superior to their civil counterparts, when and because such acts target people who are responsible for environmental threats. Indeed, insofar as some acts of uncivil disobedience can more accurately target responsible people, they can better satisfy the demands of fairness compared to their civil counterparts. In some circumstances, our argument may require activists to engage in uncivil disobedienceeven whencivil disobedience is available. (shrink)

This paper is concerned with the ethics of dealing with the dead. In particular, it examines the case of the Kennewick Man—a skeleton discovered in Washington State in 1996. This archaeological find has created a conflict between scientists, who have much to learn by the study of such bones, and some Native Americans, who believe that studying these bones is disrespectful to the dead. A law-suit was launched with the aim of preventing scientific study of the remains of Kennewick (...) Man, but this law-suit was decided in favour of the scientists. I consider three concepts of Selfhood and relate them to the case. First, I consider the concept of Self as an autonomous entity with interests that arise from individual goals. I discuss the limits of such interests after death. Second, I consider the holistic concept of Self described by Deep Ecologists and others. Third, I describe the relational self associated with some feminist philosophers and communitarians to conclude that this idea provides an argument for respecting the dead. It does this in virtue of how it solves “the problem of the nonexistent subject.” Of these threeconceptions of selfhood, only one, the social-relational view, could serve to ground any injunction to leave ancient bones undisturbed. The KennewickMan case could be described as a debate over whether Kennewick Man meets this relational definition of selfhood. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Russell's leviathan by Mark S. Lippincott 1. INTRODUCTION BERTRAND RUSSELL'S POLITICAL thought underwent several metamorphoses in his nearly seventy years of political activism and writing. Indeed, many commentators on Russell take this as the overarching attribute ofhis politics. Alan Ryan writes that "Russell's career defies summary analysis; his life was much too long and his activities too various. His philosophical allegiances were no more stable than his emotional allegiances, (...) and his political allegiances no more stable than either."1 Likewise, Benjamin Barber suggests that "Russell had to contend with staying alive; and by the time he was ninety, consistency must have seemed to him less like the hobgoblin of little minds than the hallmark Of a short life."2 Ryan, Barber and others come to different conclusions about Russell's engagements with pacifism, anarcho-syndicalism, socialism and liberalism, but their efforts, taken collectively, signal a growing appreciation for the fluidity of Russell's politics. This essay treats the diversity of Russell's "political allegiances" as a first step 1 Alan Ryan, Bertrand Russell: a Political Life (London: Allen Lane The Penguin Press, 1988), p. l. 2 Benjamin R. Barber, "Solipsistic Politics: Bertrand Russell and Empiricist Liberalism", in his The Conquest ofPolitics: Liberal Philosophy in Democratic Times (Princeton: Princeton U. P., 1988), p. 25. Russell's leviathan 7 toward a new understanding of his political thought. Yet, unlike so much commentary on Russell, the search for the overarching concept or unifying theme is eschewed. The core premise of the argument is that to understand the political Russell, it is necessary to suspend the urge to unify. What is crucial is an openness to the extraordinary variety and range of his political interests and reflections. Once this step is taken, it becomes possible to uncover the degree to which Russell's eclectic activism is reflected in his approach to political theory. It becomes possible to see that his statements on a particular political issue are embedded with concepts selected from various sources within the western tradition ofpolitical discourse. In addition, this approach highlights the conceptual background of some of Russell's more contentious political statements which seem so characteristically out of character. The issue selected for this essay arises from one of the most controversial and least understood acts in Russell's life. It concerns his public statements following World War II that the United States might do well to use its monopoly of atomic bombs to force the Soviet Union into abandoning the development of its own atomic weapons. Past attempts to explain this episode range from cursory denials and dismissals of its importance, to assertions that it was the step-child of Russell's Russophobia.3 If one examines these state3 The argument for threatening the Soviet Union into renouncing nuclear weapons is advanced by Russell in several public statements: "The Bomb and Civilization", Forward, 29 Sept. 1945; "Humanity's Last Chance", Cavalcade, 20 Oct. 1945; speech in the House of Lords, Hansard,_'2,~Nov. 1945; "The Atomic Bomb and the Prevention of War", Polemic, July-Aug. 1946; speech in the House of Lords, Hansard, 30 April 1947; "Still Time for Good Sense", '47 Magazine ofthe Year, Nov. 1947; "International Government", The New Commonwealth, Jan. 1948. Ronald Clark provides an important guide to Russell's statements during this period in Vie Life of Bertrand Russell (London : CapelWeidenfeld & Nicolson, 1975), but he does not examine the philosophical background. Alan Ryan comes closest to seeing Russell's theoretical link with Hobbes, but he leaves it as a passing remark about Russell's attitude towards world government during the First World War: "It is as if Russell had read Hobbes's Leviathan and been carried away by Hobbes's argument that the state of nature and the war of all against all was so dreadful that any rational man would fly to absolute monarchy for protection. Russell generalizes Hobbes's argument to the international sphere, but it fails to ask how men who get themselves into a 'war of all against all' can be expected to get themselves out again, and fails to show how they have done 8 Russell summer 1990 ments with an eye to Russell's... (shrink)

In this essay, after a brief decolonial analysis of the concept of “poetry” in Indigenous communities, I will investigate the poetic-philosophical implications of Cherokee culture, more specifically the poetic essence of the Cherokee language, the poetic aspects of Cherokee myth (pre-history) and post-myth (history), and the poetic-philosophical powers of Cherokee ritual. My first section analyzes the poetic essence, structure, special features, and historical context of the Cherokee language, drawing on Ruth Holmes and Betty Sharp Smith’s language textbook, Beginning Cherokee. My (...) second section considers poetic aspects of the pre-history and history of the Cherokee Nation considered as a text, using Robert J. Conley’s The Cherokee Nation: A History. And my third section investigates the poetic nature of the Cherokee rituals’ myth-ontological background and its existential psychological implications, via J. T. Garrett & Michael Tlanusta Garrett’s The Cherokee Full Circle: A Practical Guide to Ceremonies and Traditions. Collectively, these analyses will suggest that, just as the Cherokee and other tribes are the slandered, disenfranchised, suppressed and covered-over Indigenous peoples of the North American continent, so poetry writ large (including Indigenous philosophy) is the slandered, disenfranchised, suppressed and covered-over arche of western philosophy (as I have previously explored via a new interpretation of Nietzsche). In short, I will argue that both poetry and Cherokee culture can be understood as indigenous “absences” which are in truth vital and enduring presences. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 27.1 (2003) 211-222 [Access article in PDF] Criticism and the Terror of Nothingness C. Jason Lee DESTINY IS OFTEN ANOTHER NAME for narrative, it being the order we retrospectively find in scattered events. It is traditionally the role of the storyteller to create a believable narrative, with the reader investing attention into believing the story while the critic dissects the results to ascertain whether the magic (...) works. As Wallace Stevens put it, "we orchestrate a whole history and then imprison ourselves in the score, as if someone else had written it." 1 In the author's note to the second edition (1962) of Wise Blood (1949) Flannery O'Connor makes the point that her novel is a comic novel, yet its comedy does not lessen the depth of understanding it offers concerning the complexity of freedom. 2 The obsession with fate and destiny that swamps her characters, leads the reader into a gothic nightmare where humans in their attempt to re-create themselves dig themselves further into the graves of their dead relatives. For O'Connor free will does not mean one will but many wills conflicting in one man, and she explains the integrity of the central character of Wise Blood, Hazel Motes, as stemming from his vigorous attempts to rid himself of the "ragged figure who moves from tree to tree in the back of his mind."This figure is the Jesus of his grandfather, and it is also the religious preoccupation of the Deep South. Destiny has shaped his features and his character in the mold of his grandfather, and whomever he meets believes he too is a preacher. After establishing the Church Without Christ, like many sons attempting to shake off their origin, Hazel Motes realizes that his new way of behaving is in some sense being controlled [End Page 211] by his past and that he must shake off all vestiges to possess freedom. One might argue that, by eventually blinding himself, Hazel Motes is behaving as a soul who has given into the temptation of purgation, as if this is destiny. But it can be argued that this act is going against destiny, as it is an act that is perhaps trying to persuade God of something, despite the Oedipal connotations.Questioned by his landlady why he blinded himself he says to pay, and when asked to pay for what, he replies it does not matter what. Mrs. Flood is frightened of death, particularly death being one long blind existence, and Hazel Motes is a reminder to her of her destiny. This can be read as a judgment on life also. Yet she eventually decides to take care of him, for both altruistic and materialistic reasons, believing that his widow would inherit his war pension. Mrs. Flood, her name evocative of apocalyptic occurrences and Old Testament punishment, is a critic of the text; the text in this instance is nothing written but rather Motes himself. It seems that Hazel Motes, his name a reference to taking the mote out of one's own eye before you try and take the splinter out of another's, is punishing himself for his previous denial of Christ and for his sins, such as fornication, as with Mrs. Watts the prostitute and Sabbath Hawks, and murder, but also something more primal.After trying desperately to break the curse of his biological inheritance, his wise blood, just like the character Enoch Emery, it forces him to once again take on roles that deny him freedom. Hazel Motes may seem to a contemporary reader as a caricature, the mad preacher/antipreacher of the American South, but as V. S. Pritchett puts it, Hazel Motes is "entirely real" (p. viii). His self-blinding is part of his further alienation from the world, the world he has come back to after the "Great War." O'Connor shows how this watershed in human history was so devastating, Motes's new theology entirely rational. After having an insight into the world in reality through war, Hazel Motes is now "going to do some things... (shrink)

This article explores the very limited cases historically in the twentieth century when human rights was used in American policy debate as a defending principle for the provision of government-guaranteed universal healthcare. It discusses these cases and examines various reasons as to why this is so, noting the major emphasis in American political culture on negative rather than positive liberty. It examines the shift in political culture from the Roosevelt, Truman, and Johnson eras that embraced social and economic (...) rights and defined them as such to the post-Reagan era when conservative ideologies were ascendant. These ideologies reject the legitimacy of social and economic rights and remain dominant in the United States. It comparatively situates the American refusal to consider universal healthcare a human right with European affirmations of such a right and to those found in various treaties of international law. Finally, it analyzes how Barack Obama’s Patient Protection and Affordable Care Act—while not adopting the rhetoric of human rights does, functionally, enable as a matter of public policy an entitlement to healthcare. (shrink)

Critics of climate collapse and colonization in the Americas rightly identify the origin of these twin crises in early modern political theologies. They seek to combat these crises with new political theologies of nature that pay greater reverence to “native” peoples’ ecological knowledge. But in doing so, these critics subtly, perhaps unwittingly, recall elements of the colonial power they criticize. I explain why this is the case, examining Bartolomé de Las Casas’s use of naturales in his critiques of Spanish (...) Conquest, and Thomas Harriot’s use of naturall inhabitants in his writing on English colonization to describe “native” Americans. Both authors aimed to promote politico-theological reverence for “native” peoples and their relationships with “nature.” This set into motion a productive form of power operating in modern political theologies. This power works by legitimizing the European-Christian presence in the Americas through their ability to recognize, respect, and protect “native” relationships with “nature.”. (shrink)

Abstract: The optimum definition of the term "genocide" has been hotly contested almost since the term was coined. Definitional boundaries determine which acts are covered and excluded and thus to a great extent which cases will benefit from international attention, intervention, prosecution, and reparation. The extensive legal, political, and scholarly discussions prior to this article have typically (1) assumed "genocide" to be a fixed social object and attempted to define it as precisely as possible or (2) assumed the need for (...) a fixed convention and sought to stipulate the range of events that should be denoted by the term. Even if its meaning is a matter of convention, however, "genocide" is not a fixed object but varies by context and evolves in methods and forms over time. In fact, as relevant laws, legal interpretations, and political commitments develop, so do would-be perpetrators modify what genocide is in order to avoid political and legal consequences. This article advances an approach to a definition of "genocide" that allows even legal definitions to keep pace with this evolutionary process. (shrink)

What does it mean to be black in America, to exist as a dark physical body, a "colored" voice, a stigmatized being in a society that sees, hears, and acts according to a set of bleaching assumptions? Versions of that question have echoed across our historical landscape ever since James-town, but rarely have they figured so forcibly as in the 1890s, when the Supreme Court upheld Ferguson over Plessy, Jim Crow laws spread through the South, degenerationists elaborated the "problem of (...) the Negro," imperialists hoisted the "white man's burden" of "little brown brothers" abroad, and racial lynching peaked at an all-time high that incited a national scandal. Any radical hopes for Reconstruction after the Civil War had long since vanished by the years of the fin de siècle. And a century later, the gains of a "Second Reconstruction" movement for civil rights have likewise eroded, with unparalleled "hypersegregation" accentuating new patterns of black poverty, unemployment, family disintegration, homelessness, and addiction.1 Being black, in other words, has meant—and, to a considerable degree, continues to mean—being excluded from white society, white prerogatives, even white discourse itself, in a process whose effects insidiously appear to legitimate the very causes that produce them. 1. C. Vann Woodward first warned of this unsettling repetition of nineteenth-century patterns in his 1965 suggestion that the civil rights movement might constitute a "Second Reconstruction" . In his recent reassessment of the troubling implications of that prediction, he notes how ghetto speech is growing more distinct from standard English: "The result is a vicious circle in which the longer blacks are made victims of the white stereotypes that foster hypersegregation, the more they appear to conform to the stereotypes that were used to justify segregation in the first place, and the deeper victims sink in isolation" . Lee Clark Mitchell, professor of English at Princeton University, is the author of Witnesses to a Vanishing America: The Nineteenth-Century Response and Determined Fictions: American Literary Naturalism . He is currently working on the formula western in a book tentatively titled "Writing Westward: Imagining America beyond the Frontier.". (shrink)

Prior to this intervention the site used to be a degraded fiscal property, that functioned as a bus yard, a police legal deposit, and a restaurant parking lot. Underneath it runs the Maldonado stream culvert, covered by a concrete slab at a depth of only -20cm. Next to the site is a 5m high railroad embankment. The plot is strategically located at the end of Juan B. Justo avenue and works as a gateway to the Tres de Febrero park (also (...) known as Bosques de Palermo, the Buenos Aires’s biggest green space designed by Charles Thays in 1875). It is situated in the neighborhood of Palermo, an area that underwent a vertiginous residential and commercial expansion since the late 90´s. -/- The design approach is influenced by the adjacent urban fragments: the grounds of the Sociedad Rural Argentina, the surrounding Avenues Santa Fe-Sarmiento; the opening of Darregueyra street expected for the near future, the implementation of historic preservation guidelines for the Tres de Febrero Park, and the proposal for the development of nearby railroad yards. -/- Specifically, the project seeks to minimize the impact of the fast traffic that runs along Bullrich avenue, improving pedestrian and cycle access to the park. At the same time it defines new landscape features, utilizing the earth made available by the tunneling works of a new subway line. -/- The project comprises the structuring of an existing 800 meter long embankment and the transformation of the sidewalk into a public promenade. This is achieved through a wider sidewalk of 12m on average, which is part of a series of longitudinal stripes ranging from high speed to quiet spaces. The first band of grass and aged tipas (tipuana tipu) buffer pedestrian and cyclist from automotive traffic. Cycle traffic is organized on its own lane. The sidewalk itself contains several bays that act as urban lounges. Next, a continuous concrete bench delimits the beginning of the slope, backed by a stripe of grass that works as a soft extension. Finally, plants for contemplation are arranged as undulating traces. Rhythmic use of retaining gabions defines longitudinal segments of varying slope, unifying the spacial criterion. This series is punctuated by an amphitheater and framed by triangular plazas at the corners. -/- Material choices for hard surfaces are constrained by concerns of durability, low cost, and consistency with other ongoing public works. -/- Hard materials, as well as the plant selection needed to be low-maintenance. The palette was kept to reinforced concrete, granitic slabs, and granite stone in large size –forming retaining gabions- and as loose finishing for pavements. Likewise, the lack of a protective enclosure and of continuous surveillance dictated that urban furniture and fixtures be anti-vandalic. The stealing of these components –from inspection lids, to benches, to plants- is a common problem in urban spaces in many Latin American cities. To prevent this, fixtures must be designed according to precise specifications regarding their weight, fixing and anchoring systems, and mechanical parts. -/- Sidewalks are organized through a 6 meter grid made of granitic white slab, infilled with textured combed nonslip concrete modules. Extended bays and corner squares are finished with white and black slabs respectively. These materials are similar to another used in public spaces under construction, in the believe that it creates a collective identification of themselves along the city. -/- The continuous reinforced concrete bench is 1.10 m wide, in order to allow people to use it in non-conventional ways. Further up on the slope, undulating paths separate plant species and provide access for gardening, but are also open to use by the public. They are paved with 2 meter-long precast concrete slabs (smaller and lighter pieces were avoided to deter robbery). As they reach the gabions they connect with sloping paths covered with loose granitic stones. The gabions themselves allow the creation of varying slopes while contributing to retaining the soil, which is reinforced with geosynthetic fabric in the perimeter to avoid landslides originated by strong rains typical of the region. -/- Urban furniture is featured on the wider bays of the sidewalk and at corner plazas. It includes seats, water fountains, bicycle racks, wastepaper baskets. As a counterpoint to the linear concrete bench, groups of concrete seats are arranged informally. These seats are a reinterpretation of the dynamic BKF chair (also known as Butterfly chair), the classic Argentinean design of the 1930’ by Antonio Bonet, Juan Kurchan, and Jorge Ferrari-Hardoy. A few low concrete tables complete these spaces as authentic urban lounges. Lighting design accompanies the general features of the project and creates a new scenography emphasizing night-time usage. -/- Landscape gardening criteria is set up by a selection of various species of high-resistant pasture (grass). The higher the slope, the higher the grass, increasing the final volumetric result. Based on considering the original tipas line (tipuana tipu, a species from the north of Argentina, yellow flowering) as a vertical wall that frames the view, the horizontal stripes contain a single species each, differing in size, shade and flowering periods –adding, in the middle band, a changing color on the big green plane slope in the same chromatic range. The final configuration of the stripe sequence from bottom to top: bermuda grass, bulbine frutescens, euryops pectinatus. The upper band existing native species is reinforced with new samples: paspalum exaltatum + cortadera selloana and ipomea + thumbergia climbing the railway fence. Each sector between gabions has an automated system of drip irrigation. Near the corner plazas, several palms are planted to provide shade and identity to the street-crossing. -/- The intervention proposes an ambivalent effect on the landscape, trascending the merely ornamental by accompanying the motorist in speed, while conforting the pedestrian with spaces for contemplation and urban relax. (shrink)

The American Indian Movement, founded in 1968 in Minneapolis, burst into that turbulent time with passion, anger, and radical acts of resistance. Spurred by the Civil Rights movement, Native people began to protest the decades--centuries--of corruption, racism, and abuse they had endured. They argued for political, social, and cultural change, and they got attention. The photographs of activist Dick Bancroft, a key documentarian of AIM, provide a stunningly intimate view of this major piece of American history from (...) 1970 to 1981. Veteran journalist Laura Waterman Wittstock, who participated in events in Washington, DC, has interviewed a host of surviving participants to tell the stories behind the images. The words of Russell Means, Dennis Banks, Clyde Bellecourt, Eddie Benton Banai, Pat Bellanger, Elaine Salinas, Winona LaDuke, Bill Means, Ken Tilsen, Larry Leventhal, Jose Barreiro, and others tell the stories: the takeovers of federal buildings and the Winter Dam in Wisconsin, the founding of survival schools in the Twin Cities, the Wounded Knee trials, international conferences for indigenous rights, the Trail of Broken Treaties Caravan and the Longest Walk for Survival, powwows and camps and United Nations actions. This is the inside record of a movement that began to change a nation. Dick Bancroft has been the unofficial photographer for the American Indian Movement since 1970. He has traveled the world to take these photographs. Laura Waterman Wittstock, a writer and media consultant, covered the early years of the American Indian Movement as a journalist. Rigoberta Menchú Tum, recipient of the 1992 Nobel Peace Prize, is an activist for indigenous rights in Guatemala. (shrink)