I begin, in Parts I-III, by presenting the details of the Baker and Hacker/community consensus debate over the nature of rule-following in the later Wittgenstein. In Part IV this philosophical debate is related to the law through the argument that there is both an internal and an external element to rule-following in law. I here assert one of the principal claims of my position: viz., that legal argument is directed at constructing the point of law. Part V introduces the distinction (...) between the formal and the material elements of a concept. As I shall show in detail, form is a heuristic for illuminating conceptual understanding. In Part VI, I move on to provide several examples in support of the form/matter distinction. Part VI also provides arguments in support of the proposition that understanding is internal to a practice and thus not necessarily coextensive with regularity in behavior. Parts VII-IX examine relevant claims made by Wittgenstein and their application to law. Finally, Parts X-XI sketch and illustrate my ultimate claim, a narrative approach to law. (shrink)

Narrative as it is used by historians is not merely an incidental, stylistic feature of the historian's craft, but essential to historical explanation. Narrative presupposes a world of things that endure through change. Stories fill in the gaps in our experience and thus make continuity visible. Ideally, narrative stands proxy for experience, though this ideal can never be attained. No criterion can be formulated that will signify when a story is complete enough. The changing perspective of the (...) historian and the infinite detail with which he has to deal makes his task a continuous one. Yet the historian cannot be radically subjective because his story is always limited by the chronology of his events and the accuracy of his details. The rationale of narrative enables the historian to repudiate the covering-law model of historical explanation. (shrink)

Cyberspace, a term popularized in the 1984 novel Neuromancer, was used by William Gibson to describe the ‘consensual hallucination’ and interstitial online world that lies between the reality of our world and that of the surreal terrain of dreamscapes. While many attempts have been made to describe this intangible, yet seemingly perceptible space, the digital domain as a metaphor mirrors in many ways our own inadequate understanding of consciousness. Conversely, the physicist Michio Kaku explains that our reality is bounded by (...) hyperspace – a multi-dimensioned space beyond our quotidian 3D existence that runs parallel, or tangential, to us along with the phenomenon of time. Indeed, if space and time (here considered as space–time) are a consolidated whole in the physical sense, perhaps our consciousness, as a structure manifest within this continuum may itself be thought of as a sensorial projection of this amalgam that attempts to observe and make sense, or meaning, of this condition. In truth, what if our need and delight in storytelling is driven by the evolution of our biology, as well as our impulse to locate our place in the universe? This article will attempt to examine and delimit the narrative confines of space–time as an appeal to, and an endeavour at, uncovering the alterity of storytelling as a function of consciousness. It will visit the realms of the holograph, quantum mechanics, virtual and augmented realities, as well as other scientific and philosophical tracts as a means to investigate and explore the physiology of space and our imperative desire to share stories. (shrink)

Revisiting Dawkin’s proposal of memes – a piece of thought copied from person to person – raises the question: can narrative, and by extension narratology, be utilized to explore the ‘infecting’, or transferring agent of cultural ideas, identity and the creation of self? Intriguingly, and perhaps even more relevant to the role of emergent models and the shifting divide between engineered and organic constructions, what role does media play in the fabrication of self? This article proposes to examine various (...) attempts to define modes of being using the formative and delimiting lens of narrative. It will investigate the role of media as the carrier agent for memetic modes of being, and their application in creating and sustaining cultural individuation. Jung’s declarative of the collective unconscious and archetypes, as well as Hofstadter’s loops, a common, but neglected field of enquiry that interrogates how memetic transference begins with the stories we tell, will inform the exploration of narrative as a means to define, delineate and bound the self. (shrink)

Law can be characterised as a highly specialized tool with strong social impact requiring social legitimization and acceptance. Law is also specific, abstract world. World that needs words to exist. To understand law and to share its content it is important to focus on narratives related to it. The article deals with the importance of narration in law as the consequence of discursive peculiarity of law and its dependence on the acceptance of societies. Law is culturally conditioned, and by means (...) of narrative can combine the expectations of society concerning legitimation with legal rationality. The law cannot function exclusively as an abstract and formal structure nor an administrative apparatus, with own ways of legitimization or justification. Through social acceptance law gains its real form, but at the same time it is subordinated to cultural patterns. Changes in narratives change the law and then the real world. The article shows possible ways of analysis of narratives, narrative strategies and forms that are present in law. (shrink)

Although much recent social science and humanities work has been a revolt against simplification, this volume explores the contrast between simplicity and complexity to reveal that this dichotomy, itself, is too simplistic. John Law and Annemarie Mol have gathered a distinguished panel of contributors to offer—particularly within the field of science studies—approaches to a theory of complexity, and at the same time a theoretical introduction to the topic. Indeed, they examine not only ways of relating to complexity but complexity _in (...) practice._ Individual essays study complexity from a variety of perspectives, addressing market behavior, medical interventions, aeronautical design, the governing of supranational states, ecology, roadbuilding, meteorology, the science of complexity itself, and the psychology of childhood trauma. Other topics include complex wholes in the sciences, moral complexity in seemingly amoral endeavors, and issues relating to the protection of African elephants. With a focus on such concepts as multiplicity, partial connections, and ebbs and flows, the collection includes narratives from Kenya, Great Britain, Papua New Guinea, the Netherlands, France, and the meetings of the European Commission, written by anthropologists, economists, philosophers, psychologists, sociologists, and scholars of science, technology, and society. _Contributors._ Andrew Barry, Steven D. Brown, Michel Callon, Chunglin Kwa, John Law, Nick Lee, Annemarie Mol, Marilyn Strathern, Laurent Thévenot, Charis Thompson. (shrink)

The purpose of this article was to comprehensively explore the phenomenon of the narrative of the Decalogue in its fundamental principles in the context of the theological understanding of Jewish law. For this purpose abstract-logical methods, historical-legal, phenomenological, axiological, epistemological methods, method of critical and systematic analysis and method of comparative theology were used. The result is a theological understanding of the basic moral and legal principles and reducing to a single, systematic; a study of the correlation between the (...) normative and the moral side of such a narrative was conducted. Of particular importance is the establishment and isolation of the basic initial principle in the defined context that underlies both Sinai law and all the biblical law. Because with the change of historical realities, which coincided with the destruction of the Temple and the termination of sacrifices, the law has also changed. However, the biblical law was of particular ideological importance, it set the tone and revealed and formed the basic principles for the further development of all Jewish law. Therefore, in our study we have drawn attention to the main ideological features of the biblical laws, because in our opinion, the basic formative essence is hidden in them and only by understanding it − will we be able to understand Jewish law itself. However, the phenomenon of law and even more so of Jewish law, is one of the best regulators and exponents of the educational principle that is designed to raise a person in love. Of course, morality is called for it and it should take precedence over everything else, but the legal part should not be ignored. Law should serve as a socially just, integrative, fundamental, binding, most effective, most respected regulator. Therefore, the problem of combining legal principles and moral precepts for biblical law did not stand basically. The significant part of the adopted legal norms initially was characterized by moral prescriptions, confirmed and expressed by law. Such a transition, the shift from morality to law, and the close relationship between them are one inseparable whole. And apart from Halacha, which was responsible for the legal aspect, there were also the writings of the prophets whose task was to illuminate the transition from law to morality, because precisely morality is the essence of everything. Here is the true meaning of the existence of a legal expression of such an educational principle. Thus, the basic educational principle of the Decalogue, in particular, and of biblical law in general, was to educate a high-moral person who had restrictive precepts that would not allow him to fall into lawlessness, and the formative commandments that would allow a person to be educated in the search for God, and to stabilize himself in the godlike state commanded by God through Moses. That is the essence of the Decalogue and Jewish law. The educational principle, both basic and effective, though not so familiar to the modern understanding of the nature of law, is precisely the principle that laid down both the basis of the Decalogue and the foundation of all Jewish law at least in its biblical part. (shrink)

Notions of human rights as enshrined in international law have become the “idea of our time”; a “dominant moral narrative by which world politics” is organized; and a powerful “discourse of public persuasion.”1 With the rise of human rights discourse, we need to ask, how do protagonists make human rights claims? What sort of resources, techniques, and strategies do they use in order to publicize information about human rights abuses and stipulations set out in international law? With the democratization (...) of mapping practices, various individuals, organizations, and governments are increasingly using maps in order to put forth certain social and political claims. This article draws on the sociology of knowledge, science studies, critical cartography, cultural studies, and anthropological studies of law in order to analyze how various international, Palestinian, and Israeli organizations design maps of the West Bank Barrier in accord with assumptions embedded within international law as part of their political and new media activism. Qualitative sociological methods, such as in-depth interviewing, ethnography, and the collection of cartographic material pertaining to the West Bank Barrier, provide the empirical tools to do so. The maps examined here exemplify how universalistic notions of international law and human rights become a powerful rhetorical tool to make various and often incommensurable social and political claims across different maps. At the same time, international human rights law, rather than dictating local mapping practices, becomes inevitably “vernacularized” and combined with local understandings, cultural preferences, and political concerns. (shrink)

The exhibition is proposing a different reading of the legal text, reading against the grain of pre-conceived structures in order to re-chart the system of our relations with ourselves and with various communities; both territorial communities as well as those constructed ad hoc, based not on blood or territorial ties, but on shared values and beliefs. The exhibition raises the question of how the law literally produces us: both as individuals and as citizens, establishing a framework of our presence in (...) public space as well - its legality or illegality. It also questions the different meanings of a 'civil body', a 'legal thing', or a 'legal slave'. How do legal rituals and narratives influence and shape our existence? Exhibition: Neue Gesellschaft für bildende Kunst, Berlin, Germany (09.03. - 07.05.2017). (shrink)

In this book, Lynn Kaye examines how rabbis of late antiquity thought about time through their legal reasoning and storytelling, and what these insights mean for thinking about time today. Providing close readings of legal and narrative texts in the Babylonian Talmud, she compares temporal ideas with related concepts in ancient and modern philosophical texts and in religious traditions from late antique Mesopotamia. Kaye demonstrates that temporal flexibility in the Babylonian Talmud is a means of exploring and resolving legal (...) uncertainties, as well as a tool to tell stories that convey ideas effectively and dramatically. Her book, the first on time in the Talmud, makes accessible complex legal texts and philosophical ideas. It also connects the literature of late antique Judaism with broader theological and philosophical debates about time. (shrink)

This book examines the concept of meaning and our general understanding of reality in a legal and philosophical context. Starting from the premise that meaning is a matter of linguistic and other forms of articulation, it considers the inherent philosophical consequences. Part I presents Klages', Derrida's, Von Hofmannsthal's and Wittgenstein's explorations of silence as a source of articulation and meaning. Debates about 20th century psychologism gave the attitude concept a pivotal role; it illustrates the importance of the discovery that a (...) word is globally qualified as 'the basic unit of language'. This is mirrored in the fact that we understand reality as a matter of particles and thus interpret the real as a component of an all-embracing 'particle story'. Each chapter of the book focuses on an aspect of legal semiotics related to the chapter's theme: for instance on the meaning of a Judge's 'Saying for Law', on law students training in varying attitudes or on the ties between law and language. Part II of the book illustrates our general understanding of reality as a matter of particles and partitioning, and examines texts that prove that particle thinking is basic for our meaning concept. It shows that physics, quantum theory, holism, and modern brain research focusing on human linguistic capabilities, confirm their ties to the particle story. In contrast, the book concludes that partitions and particles are neither a fact in the history of the cosmos nor a determinant of knowledge and the sciences, and that meaning is a process: a constellation rather than a fixation. This is manifest once one understands meaning as the result of continuously changing attitudes, which create our narratives on cosmos and creation. The book proposes a new key for meaning: a linguistic occurrence anchored in dimensions of human narrativity. (shrink)

With Narrative and the Natural Law Pamela Hall brings Thomistic ethics into conversation with ongoing debates in contemporary moral philosophy, especially virtue theory and moral psychology, and with current trends in narrative theory and the philosophy of history. Pamela M. Hall's study offers a solid, challenging alternative to rigid, legalistic interpretations of the substantial discussion of law in Aquinas's Summa theologiae and defends Aquinas's ethics from charges of excessive legalism. Hall argues that Aquinas's characterization of the content and (...) relationship of natural, human and divine law indicates that his understanding of the quest for the human good is practical, communal, and historical. Hall maintains that natural law, the ongoing inquiry into what is the human good, is narrative both in terms of its internal structure and its being informed by the specific story of Scripture. According to Aquinas the discovery of natural law is enacted historically and progressively within communities and by individuals through a process of practical reasoning. Hall then goes on to show how natural law requires articulation by human law, and how both are connected to divine law (salvation history) as Aquinas understands it. Aquinas represents inquiry into the human good as a kind of historical narrative or story with stages or "chapters"; thus knowledge of natural law requires time and experience, as well as sustained reflection by individuals and by whole communities. Such learning of natural law implies the operation of prudence and the assistance of the moral virtues. (shrink)

This chapter contains sections titled: The Varieties of Law and Literature Law and Fiction Hermeneutics Law as Narrative References.

North American writer Joan Didion’s eloquent testimonial speaks to the significance of storytelling in our lives. Personal storiesmake our lives meaningful. Part of this is because our stories, wittingly or not, become the means through which we fashion our identities for listeners. Or, as scholars from many disciplines have argued, identity and selfhoodare narrative accomplishments. In this formulation, an individual constructs a sense of self by telling stories or “personal narratives,” which describe “the evolution of an individual life over (...) time and in social context” (Maynes et al. in Telling stories: the use of personal narratives in the social sciences and in history. Cornell University Press, Ithaca, 2008, 2). While personal narratives contain unique autobiographical elements, the logics of storytelling and the values and beliefs of a particular time and place also influence the kinds of stories people tell. As feminist historian Mary Jo Maynes and her coauthors argue: “The stories that people tell about their lives are never simply individual, but are told in historically specific times and settings and draw on the rules and models in circulation that govern how story elements link together in narrative logics” (2008, 2). Put another way, even the most idiosyncratic story is always in some way social: what narrators decide to tell is often guided by the expectations of audiences (real or imagined); the conventions of various genres (such as life history or autobiography); as well as the broader cultural narratives located in particular historical times and places. In this light, personal narratives at once provide evidence of a storyteller’s viewpoint and experiences as well as the social and cultural milieu in which they live. (shrink)

Progressive intellectuals at the turn of the last century founded the modern American university, created its disciplines and edited the journals that codified their thoughts. They created the ligaments of the national administrative and regulatory state; they helped legitimate the creation of a national financial and industrial corporate economy. Through the writings of Lyman Abbott, Albion Small, and Simon Patten, three features of progressive thought are underlined: the primacy of a narrative, their hostility to “principled” or abstract-philosophical forms of (...) political and social thought, and their confidence that historical modes of social inquiry would produce “laws”? of progress that would guide practice and anchor values integrating self and society on a democratic basis. Five topics contain these animating features: national patriotism, the new industrial economy, a new democratic ethic, social Christianity, and their critique of the dominance of constitutional jurisprudence and law in American political institutions and practices. (shrink)

This article asks how contexts are made in science as well as in social science, and how the making of contexts relates to political agency and intervention. To explore these issues, it traces contexting for foot-and-mouth disease and the strategies used to control the epidemic in the United Kingdom in 2001. It argues that to depict the world is to assemble contexts and to hold them together in a mode that may be descriptive, explanatory, or predictive. In developing this argument, (...) it explores how contexts are assembled in a series of different descriptive and explanatory narratives in epidemiology, policy, critical social science, and social studies of science. (shrink)

Physicists regularly invoke universal laws, such as those of motion and electromagnetism, to explain events. Biological and medical scientists have no such laws. How then do they acquire a reliable body of knowledge about biological organisms and human disease? One way is by repeatedly returning to, manipulating, observing, interpreting, and reinterpreting certain subjects—such as flies, mice, worms, or microbes—or, as they are known in biology, “model systems.” Across the natural and social sciences, other disciplinary fields have developed canonical examples that (...) have played a role comparable to that of biology’s model systems, serving not only as points of reference and illustrations of general principles or values but also as sites of continued investigation and reinterpretation. The essays in this collection assess the scope and function of model objects in domains as diverse as biology, geology, and history, attending to differences between fields as well as to epistemological commonalities. Contributors examine the role of the fruit fly Drosophila and nematode worms in biology, troops of baboons in primatology, box and digital simulations of the movement of the earth’s crust in geology, and meteorological models in climatology. They analyze the intensive study of the prisoner’s dilemma in game theory, ritual in anthropology, the individual case in psychoanalytic research, and Athenian democracy in political theory. The contributors illuminate the processes through which particular organisms, cases, materials, or narratives become foundational to their fields, and they examine how these foundational exemplars—from the fruit fly to Freud’s Dora—shape the knowledge produced within their disciplines. Contributors Rachel A. Ankeny Angela N. H. Creager Amy Dahan Dalmedico John Forrester Clifford Geertz Carlo Ginzburg E. Jane Albert Hubbard Elizabeth Lunbeck Mary S. Morgan Josiah Ober Naomi Oreskes Susan Sperling Marcel Weber M. Norton Wise. (shrink)

This article analysed the Indonesian government’s strategy in eradicating terrorism and radicalism. This study was designed with quantitative methods within the framework of normative legal research using anti-terrorism-related regulations as the sample. Data analysis was carried out with content analysis to identify the conception of terrorism, radicalism and deradicalisation in the legislation. The research found that most of Indonesia’s counter-terrorism regulations associate terrorism with criminal actions. However, regulatory developments also present a decreasing association between terrorism and acts of violence alone (...) as terrorism is growingly being conceptualised by policymakers not only as a virulent action to an increasing extent but also ideologically based on the process of radicalisation. Consequently, various regulations after 2013 accommodate many prevention-based ideas and soft approaches. Newest regulations also accommodate deradicalisation as an important strategy in countering terrorism. This finding practically would imply including counter-narratives through education and deradicalisation strategies. It is also projected through counter-propaganda as a strategic deradicalisation approach. Its incorporation into regulations is needed as digital technology advances, making it easier for young people to be exposed to radical ideas through internet channels. Contribution: This study deepens empirical evidence regarding the need for an alternative soft approach strategy in dealing with religious doctrine-based radicalism. Apart from preventive measures through law enforcement which should be continuously strengthened, the findings in this research encourage preemptive methods in deradicalisation through counter-narrative, counter-propaganda and counter-ideology. (shrink)

Clinical assessments of mental capacity have long been guided by four basic cognitive criteria (understanding, appreciation, ability to reason, communication of decision), distilled directly from widespread legal precedent in common law cases of informed consent and refusal. This article will challenge the sufficiency of these legal criteria at the bedside on the assertion that clinicians and bioethicists who evaluate decisional capacity face questions far deeper than the mere presence or absence of a patient’s informed consent. It will then present an (...) additional standard beyond the existing cognitive criteria – to be called the Narrative Coherence Standard – that may begin to bridge the gap between the existing legal standards and higher-order bioethical priorities. This standard will be treated with a philosophical argument for its use, as well as a detailed exploration of its technical components and conceptual underpinnings. (shrink)

While law and justice issues are well represented in the vast and diverse world of Japanese Manga, the medium’s predilection for fantasy tends to produce futuristic or overblown fiction far removed from everyday life. Fantastic treatments may also reflect relatively low awareness of legal matters in a society of low crime and litigation. One law and order institution that most people are familiar with, however, is the network of community police boxes that covers Japan, and this has spawned a gag-ridden (...) yet somewhat more realistic genre of justice-related comics. This article focuses on Ishikawa Chika’s KOBAN, whose humour revolves around the contrasting personalities and petty squabbles of two cops in their dealings with mundane police work. The characters, plots and conversations are visually supported by juxtaposing the weaponry and equipment of law enforcement with childlike facial features and cute mascots, thereby constructing the police box as a halfway house between local neighbourliness and state bureaucracy. (shrink)

The traditional mode of explanation in physics via deduction from partial differential equations is contrasted here with explanation via simulations. I argue that the different technologies employed constitute different languages, which support different sorts of narratives. The narratives that accompany simulations and articulate their meaning are typically historical or natural historical in kind. They explain complex phenomena by growing them rather than by referring them to general laws. Examples of such growth simulations and growth narratives come from the evolution of (...) wave functions in quantum chaos, snowflake formation, and Etruscan genetics. The examples suggest a few concluding remarks on historical explanation. (shrink)

In this paper, for the benefit of reflection processes in clinical and in local, regional, and national priority-setting, we aim to develop an ethical theoretical framework that includes both ethical principles and medium-range narratives. We present our suggestion in the particular case of having to choose between treatment interventions for attention deficit hyperactivity disorder (ADHD) and treatment interventions for other conditions or diseases, under circumstances of scarcity. In order to arrive at our model, we compare two distinct ethical approaches: a (...) generalist (principles) approach and a particularist (narratives) approach. Our focus is on Sweden, because in Sweden prioritization in healthcare is uniquely governmentally regulated by the “ethics platform.” We will present a (fictional) scenario to analyse the strengths and weaknesses of the generalist principled perspective of the ethics platform and the particularist perspective of narrative ethics. We will suggest an alternative (moderately particularist) approach to prioritization, which we dub a “principles plus medium-range narratives” approach. Notwithstanding the undeniably central role of principles in distributive justice, we claim that medium-range narratives concerning individuals or groups who stand to benefit or lose from ADHD prioritization practices should also be read or listened to and taken into account at all levels of priority-setting. These narratives are expected to ethically optimize clinical priority-setting, as well as that undertaken at local, regional, and national levels. (shrink)

This paper presents one argument against the fundamental principle of legal positivism: the separation of law and morals. This principle is based on the view that morality is intrinsically subjective, while law presents objective standards of social behaviour. The author argues that there is a valid source for identifying the morality which is not individualistic but shared by the whole community. This source is found in simple narratives of folktales. The lawyers need folktales to identify moral principles shared by the (...) community when it is warranted by the letter of law itself (such as human rights issues). Even when there is no apparent need to determine the content of public morality, folktales are still helpful in presenting principles and illustrations that are vital to grasp the spirit of law. The contemporary law moves towards increasing technicality, and therefore, it poses a challenge to the rule of law and democracy. In the technicalities of law, the spirit of law is obliterated. This is particularly seen in the countries such as Thailand and China. Those countries view law as a machine of social control and manipulation. Law becomes the means of oppression. The cultural roots of law are ignored. Folktales contain a message of wisdom so desperately needed among Asian lawyers addicted to legal formalism. (shrink)

Three movements that trace a certain understanding of law, from textual to spatial/material to spectacularised. The passages between the three movements are performed with the help of a visualisation that keeps on evolving, following the narrative of the legal understanding. This is accompanied by a thick description of instances from various iterations of an art performance/participatory game I have been performing in the past few years at various art and law institutions called _escaping the lawscape_. These hermeneutic tools help (...) me situation the law from a critique of Habermasian rationality to a critique of Luhmannian functionality, only to arrive to a full aestheticisation of contemporary law as a spectacle that needs to prove its validity through social media and other techniques of packaging. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:(P)rescription Narratives: Feminist Medical Fiction and the Failure of American Censorship. by Stephanie Peebles TaveraEtta M. MaddenStephanie Peebles Tavera. (P)rescription Narratives: Feminist Medical Fiction and the Failure of American Censorship. Edinburgh: Edinburgh University Press, 2022. Hardback, xii + 220 pp. ISBN 978-1-4744-9319-2.Utopian Studies readers first saw Stephanie Peebles Tavera’s work in print in her 2018 essay on reproductive health in Charlotte Perkins Gilman’s Herland. More recently, in (P)rescription (...) Narratives, she gives readers a view of the much broader historical scope of her scholarship in literary and cultural studies. Tavera’s analysis of what she labels “feminist medical fiction” considers not only novels and short stories but also literary reviews, dramas, and documentary films, many of which will be unfamiliar to readers of utopian and dystopian literature. Yet the book contextualizes the ways in which these works capture the “utopian possibilities” of women writers who pushed for breaking the boundaries of the dystopian strictures of embodied life. The literary works “rescript” what had been prescribed by others as “normalized behavior,” from the latter-nineteenth century through the Progressive Era (5, 37). As Tavera illustrates through her detailed analysis, these women’s narratives provide “interventions that... interrupt the dissemination of false [End Page 612] narratives of the female body” and “alter the course of cultural development toward greater inclusivity” (5).To establish the temporal boundaries for the project, Tavera emphasizes the Comstock Law, established in 1873, and the death of its author Anthony Comstock in 1915. While Comstock’s work often has been understood as restricting pornography, she explains the Comstock Law as more than merely that. Comstock sought to control what he and others saw as sexual deviation, which included birth control in any form. Tavera also bookends the project with lawsuits associated with Victoria Woodhull and Margaret Sanger, both women who advocated for abortion and birth control as means of allowing women to avoid the strictures over their bodies. Additionally, she explains, Comstock’s racism caused him to completely overlook Black women, ironically allowing a space in which Black women’s feminist medical fiction especially rescripts “normalized behavior” (37)—a topic she pursues in two parts of the book.The book follows a roughly chronological path as it examines four topics related to women’s health, brilliantly organized into “(p)rescriptions,” indicated by Rx, rather than chapters with numbers. Rx1, “Crip Medicine,” illustrates how authors such as Charlotte Perkins Gilman pointed to the socially constructed status of “hysteria” in a patriarchal culture that saw women as deviant by nature. Instead, these authors advocated for a more holistic examination of women’s health, impacted by the environments in which they lived. Drawing from Lyman Tower Sargent’s widely accepted view of utopianism as dreaming of a place “considerably better than the society in which the author lived,” she underscores “the utopian impulse underlies much of the work of feminist medical fiction” (39). In particular, writers of feminist medical fiction were “driven by failure.”Perhaps most familiar to illustrate this point is Gilman’s work, such as “The Yellow Wallpaper,” which illustrated how the culture failed certain characters. The narrator of that story suffers postpartum depression and is made worse by Dr. S. Weir Mitchell’s rest cure. Consequently, Gilman proceeded to write other works, such as Moving the Mountain (1911) and then Herland (1915), which push readers to envision “alternative societies” without such destructive patriarchal medical practices (39). But Tavera also explains how Louisa May Alcott’s Eight Cousins, or the Aunt-Hill (1875) critiques contemporary culture by providing a “domestic utopia” in the female domain of Aunt-Hill, wherein the male Dr. Alec Campbell demonstrates “a better way... of caring for the female body” (55). And another key example is Rebecca Harding [End Page 613] Davis’s Kitty’s Choice: A Story of Berrytown (1875). Berrytown is described as “the Utopia in actual laths, orchards, and bushel-measures of the advance guard of the reform party in the United States” (qtd. in Tavera 55). Through its two physicians, Dr. Muller and Dr. McCall, who represent homeopathic and allopathic practitioners, readers see that the society... (shrink)

Law enforcement poses a difficult work environment. Employees’ wellbeing is uniquely taxed in coping with daily violent, aggressive and hostile encounters. These challenges are compounded for women, because law enforcement remains to be a male-dominated occupational context. Yet, many women in law enforcement display resilience and succeed in maintaining a satisfying career. This study explores the experience of being authentic from a best-self perspective, for women with successful careers in the South African police and traffic law enforcement services. Authenticity research (...) substantiates a clear link between feeling authentic and experiencing psychological wellbeing. The theoretical assumption on which the study is based holds that being authentic relates to a sense of best-self and enables constructive coping and adjustment in a challenging work environment. A qualitative study was conducted on a purposive sample of 12 women, comprising 6 police officers and 6 traffic officers from the Western Cape province in South Africa. Data were gathered through narrative interviews focussing on experiences of best-self and were analysed using interpretive phenomenological analysis. During the interviews, participants predominantly described feeling authentic in response to work-related events of a conflictual and challenging nature. Four themes were constructed from the data to describe authenticity from a best-self perspective for women in the study. These themes denote that the participating women in law enforcement, express feeling authentic when they present with a mature sense of self, feel spiritually congruent and grounded, experience self-actualisation in the work–role and realign to a positive way of being. Women should be empowered towards authenticity in their world of work, by helping them to acquire the best-self characteristics needed for developing authenticity. (shrink)

As the problem of debt grows more and more urgent in light of the central role it plays in neoliberal capitalism, scholars have analyzed debt using numerous approaches: historical analysis, legal arguments, psychoanalytic readings, claims for reparations in postcolonial debates, and more. Contributors to this special issue of _difference_s argue that these diverse approaches presuppose a fundamental connection between indebtedness and narrative. They see debt as a promise that refers to the future—deferred repayment that purports to make good on (...) a past deficit—which implies a narrative in a way that other forms of exchange may not. The authors approach this intertwining of debt and narration from the perspectives of continental philosophy, international law, the history of slavery, comparative literature, feminist critique, and more. Contributors. Arjun Appadurai, Anthony Bogues, Emmanuel Bouju, Silvia Federici, Mikkel Krause Frantzen, Raphaelle Guidée, Odette Lienau, Catherine Malabou, Vincent Message, Laura Odello, Peter Szendy, Frederik Tygstrup. (shrink)

As an ethicist trained in narrative, I wondered what I could offer Dr. Darcy at this point, two weeks after the events he described. And what might I have offered those involved if they had called an ethics consult at the time? One of this physician's implicit questions was, “How might this have unfolded in a better way?”When difficult choices must be made, how can a narrative approach help? A narrativist focuses less on principles, rules, and law than (...) would a philosopher or a lawyer. This is not to say that we ignore the law or are unaware of bioethical principles. But where do we go from there? Narrative offers a mode of engagement that asks different kinds of questions than those that law or philosophy might ask about moral agency, context, and values. (shrink)

Hong Kong’s adherence to the rule of law has been widely understood as one of its “core values.” As such, it has been understood as an institution necessary for good governance and a check against the abuse of governmental power as well as a feature that differentiates Hong Kong’s system of governance from other parts of China. At the same time, intervening issues of immigration and of constitutional interpretation have begun to challenge this perception. This paper argues that a recent (...) landmark decision involving the right to permanent residence has served to weaken the rule of law in Hong Kong. It has further highlighted a lack of commitment by the judiciary to either human rights claims or equal treatment under the law. (shrink)

Constitutions are not just legal texts but form a narrative with an engaging plot, a hierarchy of actors and a distinct ideology. They can be read and interpreted as literary texts. The four constitutions in 20th century Russia can be attributed to specific genres. Moreover, they interact closely with the official culture of their time. The constitutions serve an important task in the cultural self-definition of Russian society which as a rule occurred in moments of ideological crisis. The case (...) of Russia is especially intriguing since the Utopian project of a just society needed in every stage of its evolution a new convincing design which was able to guarantee the citizens' loyalty to the state. (shrink)

What is it like to live with the label “Disability?” NIB editorial staff and narrative symposium editors, Jeffery Bishop and Naomi Sunderland developed a call for stories, which was sent to several list serves, shared with the 1000 Voices Project community and posted on Narrative Inquiry in Bioethics ’ website. The request for personal stories from people who identify with the label “disabled” asked them to: consider how the label “disability” interacts with other aspects of their life in (...) health care settings; does the term “disability” reflect their actual embodied experiences of impairment or does it fail to do justice to their particular experience of impairment; describe the kind of experiences that are possible because of the impairment(s); discuss how the label has affected their “authentic voice”; and many other concepts about what effects the label has on their lives. These authors share deeply personal experiences that will help readers understand their world, challenges, and joys. Thirteen stories are found in the print version of the journal and an additional five supplemental stories are published online only through Project MUSE. The stories are complemented by four commentary articles by Elizabeth R. Schiltz; Lorna Hallahan; Nicole Matthews, Kathleen Ellem, and Lesley Chenoweth; and Jeffery Bishop, Rachelle Barina, and Devan Stahl. These scholars come from the disciplines of law, social work, media studies, medicine, and bioethics from Australia and the United States. Together, the symposium’s storytellers and commentators offer striking and informative insights into the everydayness of living with disabilities. (shrink)

MUCH RECENT SCHOLARSHIP HAS CALLED FOR THE INTEGRATION OF NATural law theory with biblical revelation, yet few writers have pursued such a project in detail. This essay presents the foundations of a constructive account of natural law grounded in an overlooked biblical text and in Reformed covenant theology, in conversation with contemporary biblical exegesis and recent Protestant and Roman Catholic literature on natural law. It explores the character of the Noahic covenant established with all creation (Gen. 8:20—9:17) and argues that (...) this covenant provides necessary theological foundation for understanding nature and common human moral obligations. This account of natural law provides a sound way to integrate natural law theory with the biblical narrative and to conceive of natural law as a universal God-given standard mediated through a fallen world. (shrink)

"Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe. Professor Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the natural law tradition from (...) its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for political obligation in civil society and how the idea was transformed in Kant's account of human freedom. He brings the historical narrative down to the present with a discussion of the contemporary debate between natural law and legal positivism, including particularly the natural law theories of Finnis, Richards, and Dworkin. Professor Weinreb then adopts the approach of modern political philosophy to develop the idea of justice as a union of the distinct ideas of desert and entitlement. He shows liberty and equality to be the political analogues of desert and entitlement and both pairs to be the normative equivalents of freedom and cause. In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel. The conclusion brings the debates about natural law and justice together, as parallel efforts to understand the human condition. This original contribution to legal philosophy will be especially appreciated by scholars, teachers, and students in the fields of political philosophy, legal philosophy, and the law generally. (shrink)

The paper describes and defends an eclectic approach to narrative explanation in history and social sciences (as well as in natural history). The view of narrative explanation defended allows combinations of several recent ideas concerning the nature of narrative explanation.The guiding idea is that the explanatory power of narratives consists in their capacity to accommodate various forms of explanations and interpretations. Narrative explanations are seen as theories abouthappenings that may consist of diverse forms of explanations, interpretations (...) and explanation sketches. There is no single form of narrative explanation, rather narrative is seen as a form tor synthesizing various explanations.Several problems concerning explanation and narrative are discussed with relation to the proposed approach: laws in explanations, literary or fictional aspects of narratives, relativism, constructivism and noncognitivism or antirealism. Hayden White’s theory of the explanatory role of “emplotment” is discussed and criticized.The upshot is that the eclectic approach defended does not face any problems unique to it: problems faced are general epistemological problem. The literary aspects of historical narrative are interpreted as normative and rhetorical, making the relevance of these aspects tor narrative explanation depend on the question whether there are legitimate moral explanations. (shrink)

This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific (...) person. As in many jurisdictions, however, the sexual assault laws are often not enforced. Reporting is lowest and non-enforcement highest in cases involving the most common type of assailants, those who are not strangers but instead persons the complainant knows, often quite well -- acquaintances, supervisors or co-workers, and family members. Reliance on popular narratives about “seduction” and “stranger-danger” leads complainants, police, prosecutors, lawyers, and trial judges, to truncate legal analysis of the facts and leap to erroneous conclusions about “consent.” Wrongful convictions and perverse acquittals, questionable plea bargains and ill-considered decisions not to charge, result. This proposal is designed to curtail the impact of pre-judgments, assumptions, and biases in legal reasoning about voluntariness and affirmative agreement and produce decisions that are legally sound, based on the application of the rule of law to the material facts. Law has long had better tools than the age-old and popular tales of “ravishment” and “seduction.” Those tools can and should be used. (shrink)

Resumen: El presente artículo revisa los usos de la figura del testigo en dos novelas chilenas de reciente publicación: La dimensión desconocida de Nona Fernández y Monte Maravilla de Miguel Lafferte, ambos relatos cuyas tramas están basadas en casos, lugares y personajes históricos reales relacionados con violaciones a los derechos humanos en Chile durante la dictadura pinochetista. En ambos casos, la figura del testigo es compleja e intrincada, ya sea porque es un victimario arrepentido, una niña que se convertirá en (...) la narradora del futuro o un fantasma que resulta ser real. De paso, y a la luz del testigo como figura articuladora común tanto para el derecho como para la literatura, el artículo quiere reflexionar acerca de las posibilidades de los procesos judiciales, en tanto narrativas, como fuentes de memoria colectiva para dar cuenta del horror. El rol del testigo resulta clave en ambos campos discursivos: mientras en los procesos judiciales el testigo es el sujeto de la enunciación del testimonio y, con ello, elemento de prueba en la determinación de responsabilidades, en la literatura el testigo tiene implicancias tanto narratológicas como éticas importantes, las que le proporcionan una riqueza al testimonio que lo vuelven una forma eficaz de memoria que más que contar lo sucedido, se acerca a mostrarlo.: This article reviews how the witness figure has been used in two chilean novels that have been recently published: La dimensión desconocida, from Nona Fernández and Monte Maravilla, from Miguel Lafferte. Both script plots are based in real cases, places and historical characters, related to Pinochet´s dictatorship. They present a complex and intrincate witness figure, through the form a regretful torturer, a girl who will be the future´s narrator or a ghost that happens to be real. Meanwhile, in light of the witness understood as an common articulating figure for the law, as well as for literature, the article wants to reflect on judicial processes posibilities, while narrative, as colective memory sources that can be held accountable for the horror. The witness role turns out to be essential in both discourse fields: meanwhile in judicial procesess the witness is the subject of the testimony enunciation and, as such, an evidence element for criminal liabilities determination, in literature, the witness has important narrative as well as ethics implications, wich give such richness to the testimony, that it becomes an effective way of memory that not only narrates what happened, it closes to show it. (shrink)

This study aimed to elucidate the intrinsic artistic laws and aesthetic characteristics of Chinese youth films, thereby facilitating a more profound comprehension of the cultural transformations and spiritual outlook of contemporary Chinese society. By examining the evolution of Chinese youth films across different historical periods, it becomes evident that in the initial period (1930-1970), youth films predominantly depicted romantic idealization and emphasized the spiritual aspects of young people. With the advent of reform and opening up, youth films in the next (...) phase (1970-2010) began to shift their focus towards the inner world, philosophy, spirituality, and the confusion of reality experienced by young people. This shift is exemplified by films such as _Lushan Love_ and _Sunny Days_, which received widespread acclaim. When this genre entered its maturity stage (2010-2024), youth films exhibited a diversification of expressions, with a particular focus on campus love. However, they also encountered the challenge of narrative homogenization in subsequent stages, as evidenced by films such as _To Our Lasting Youth_ and _Small Times_. This study also explored the main factors affecting the development of domestic youth films through empirical analysis. The study found that box office revenue, the brand value of actors and directors, and changes in narrative style and aesthetic orientation were important factors affecting the development of domestic youth films. At the same time, social changes, technological progress and audience demand have also had a profound impact on the development of youth films. (shrink)

This article examines a series of events that are generally known in historiography as the “Tatarbunar Uprising” – an armed rebellion that took place over ten days in September 1924 in south-eastern Bessarabia. I am also interested in the aftermath of those events as well as in their legal and memorial afterlife. My attempt is to reason through and to clarify the legal and historio­graphical construction of narratives of sovereign power as they emerge from the archives of the trial as (...) well as that of the preceding and subsequent military and police operations. The reflection I will conduct here is indeed grounded in the historical context of 1923-1925, but the jurisprudential and comparative legal and political analysis I will deploy here has more general reach insofar as it aims to grasp some more general points about the status of legality under the conditions of emergency. (shrink)

Since the Reformation and Enlightenment, the Western world has witnessed the incremental decline of religious influence. Yet, key legal protections and duties incumbent on civilians and state actors in both avowedly secular states and ruling theocracies, predominantly Islamic, are to a lesser or greater extent determined by religious values. Although it is often claimed that the modern secular state encourages the adoption of liberal values and allows for the formulation of general law according to the free will of its people, (...) the historical legacy of law and particularly its synthesis with the Judeo-Christian heritage is apparent. In the UK, the continuing centrality of religion in what purports to be a secular system of laws, is demonstrated by the introduction of elements of Sharia law. In an increasingly culturally-diverse society, the recognition of Islamic law may be interpreted as the tacit acknowledgement of the existing inherent faith influences which continue to inform many legal innovations, and represents an explicit attempt to rebalance the privileging of one set of precepts above another. It is suggested that religion continues to occupy a central position in lawmaking; performing a cultural, political, institutional and, importantly, symbolic role and this is evidenced for instance by the narratives which are imposed on individuals in relation to areas of topical significance such as matrimony, terminal illness, abortion, gender and sexual morality. This paper argues against those pronouncements of the retreat of religion in state affairs and, rather, reveals a set of key structural relations and signifiers which are informed by opinions redolent of, not least of all, a peculiar generic proscriptive religiosity. (shrink)

This book demonstrates that law can be newly interrogated when examined through the lens of literature. Like its forerunner, Empty Justice, the book creates simple pathways which energise and illustrate the links between legal theory and legal science and doctrine, through the wider visions of history, literature and culture. This broadening approach is integral to understanding law in the context of wider debates and media in the community. The book provides a collection of essays, with additional commentary which reflects upon (...) very recent scholarship and debate on a range of ethico-legal topics; it also illustrates how conventional legal matters may be rendered lively and palatable, as an adjunct to approaching doctrine and cases 'cold' in the conventional textbook manner. The chapters range from examination of current thought on cohabitation and marriage laws (via Jude the Obscure), 19th century medico-legal cases relevant to current narratives of insanity in women and the nature and status of expert evidence generally; assisted suicide and autonomy (via a poem by Jon Stallworthy) to an essay on the nature of race and ethnicity (via a poem by R S Thomas), a discussion of obscenity and moral philosophy (via an essay on Crash by J G Ballard and the philosophy of Bernard Williams) and a history of ideas discussion of positivism, natural law and political crisis, war and terrorism through legal and political theory texts and a poem by Auden. The materials refer to case law where appropriate. The chapters range from examination of current thought on cohabitation and marriage laws (via Jude the Obscure), 19th century medico-legal cases relevant to current narratives of insanity in women and the nature and status of expert evidence generally; assisted suicide and autonomy (via a poem by Jon Stallworthy) to an essay on the nature of race and ethnicity (via a poem by R S Thomas), a discussion of obscenity and moral philosophy (via an essay on Crash by J G Ballard and the philosophy of Bernard Williams) and a history of ideas discussion of positivism, natural law and political crisis, war and terrorism through legal and political theory texts and a poem by Auden. The materials refer to case law where appropriate. (shrink)

This article argues that the narrative of public participation in environmental governance that emerged from the Earth Summit in 1992 can be read as a direct challenge to the neoliberal approach to environmental governance. The challenge comes from constructing the concept of public participation as (i) the practice of providing decision makers with more and better information in order to help them design more equitable policies, and (ii) the practice of potentially influencing policy decisions by bringing new perspectives and (...) values into the decision-making process. The article shows how this counter-narrative has itself now become a contested terrain: among a variety of normative presuppositions justifying practices of public participation, one can also find a market friendly rationale. (shrink)

Law and Society offers a contemporary yet concise description of the structure and function of legal institutions, along with a lively discussion of both criminal and civil law, as well as basic legal doctrine. Unlike comparable books on law and society available today, Matthew Lippman takes an interdisciplinary approach to integrate distinctive coverage of diversity, inequality, and globalism through an organized theme in a strong narrative. This practical and invigorating text provides readers with a better understanding of the connection (...) between law and society and the impact recent literature on crime, justice, international human rights, and law has had to promote that connection. (shrink)

The present study focused on the dynamics and factors underpinning domestic abuse survivors’ decisions to end the abusive relationship. The experiences and opinions of 12 female DA survivors and 18 support workers were examined through in-depth, one-to-one, semi-structured interviews. Hybrid thematic analysis was conducted to retrieve semantic themes and explore relationships among the themes identified and the differences in survivors’ and professionals’ narratives of the separation process. The findings highlighted that separation decisions derived from the joint action of two sets (...) of factors, the “promoters” and the “accelerators.” Whilst the “promoters” are factors leading to the separation from the abuser over time, the “accelerators” bear a stronger and more direct connection with survivors’ decision to end the abusive relationship. Despite their differences, both these factors acted as propelling forces, leading survivors to actively pursue the separation from the perpetrator. To portray the dynamic links among these factors, we propose a conceptualisation drawn from Newton’s laws of motion. Our findings also highlighted important differences in the views of survivors and support workers, as the former conceived themselves as proactive in ending the abuse, whereas the latter described the leaving process as mainly led by authorities and services supporting survivors. This study has potential implications for research, policy and clinical practice, as it suggests that far from being a linear sequence of multiple stages, leaving an abusive relationship results from a complex interplay of factors that facilitate or drastically accelerate the separation process. We argue that future research should aim at improving our current understanding of the subjective and situational factors that can act as “accelerators” or “promoters” for women’s leaving decisions. Moreover, clinicians and policymakers should invest in creating interventions that aid victims to recognise and leverage promoters and accelerators, thus increasing their readiness to end the abuse. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:NARRATIVE AND EXPLANATION: EXPLAINING ANNA KARENINA IN THE LIGHT OF ITS EPIGRAPH Marina Ludwigs University ofCalifornia, Irvine In this paper, I will be examining the relation of explanation to narrative, looking briefly at the theoretical side ofthe problematic and in more detail at specific explanatory issues that arise in Tolstoy's novel Anna Karenina. Although the use itselfofthe term "explanation" is not as visible in the humanities as (...) it is in the sciences, the explanatory enterprise by other names is just as prominent. For indeed, an animating impetus behind textual interpretation is an explanation ofhowatextcan be brought into a correspondence with another text, while contemporary critical-theoretical activities of demystifying aesthetic and cultural assumptions, contextualizing historical knowledge, or laying bare ideological presuppositions are, in one way or another, engagements in the explanation ofthe workings of language. I approach humanistic explanation via a brief detour of scientific explanation, which constitutes an already established discourse with a set of defined issues and standard arguments, limiting myself to touching upon issues relevant to the narrativization of explanation. In scientific debates, explanation is defined as an answer to the question of "why?," in contradistinction to the question of "what?," which prompts a description of a phenomenon in question. Descriptive and explanatory conceptual frameworks, however, are interdependent. A physical description involves an "in-depth" understanding of underlying regularities. An explanatory answer to a question is, in its turn, an argument that logically deduces the explanandum (the description ofa phenomenon to be explained) from the explanans (well-understood regularities). This Marina Ludwigs125 formal definition of an explanation necessitates a symmetry between explanation and prediction, because the reconstructed logical sequence can also be read in the other direction, demonstrating the inevitability of what has occurred. Thus the sight of shattered glass and a baseball lying about allows me to explain the accident by invoking the law ofthe conservation ofmomentum and the low shock-resistance ofglass. But the knowledge of these regularities would have also allowed me to predict the same outcome had I seen the baseball flying in its direction ofthe window. The ontological status of "regularities" has elicited a lively debate in the scientific community pertaining to the problem ofthe "real." The standard view of regularities defines them as general laws (the kind we learn about in physics classes) that could be deductive or inductive, deterministic or statistical. A general law may be subsumed under another, even more general law, thus forming a unifying hierarchy of laws. A rival conception appeals to causal mechanisms and defines regularities as established chains oftemporal succession. Both models, the covering-law and the causal one, have been criticized: the former—for its failure to distinguish a law from an accidental generalization; the latter—for its resurrection ofthe metaphysical notion ofcausal influence and its inability to deal with probabilistic events. One of the later contenders is Nancy Cartwright's model, that proposes to conceive of regularities as so-called "nomological machines"—"fixed (enough) arrangements] ofcomponents, or factors, with stable (enough) capacities that in the right sort of stable (enough) environment will, with repeated operation, give rise to the kind of regular behavior that we represent in our scientific laws" (Cartwright 50). Cartwright claims that scientific models work on the ceteris paribus (everything else being equal) basis. That is to say they "hold only in circumscribed conditions or so long as no factors relevant to the effect besides those specified occur" (Cartwright 28), such as inside a battery, refrigerator, or a rocket—insofar as special shielding conditions are in effect (as a counterexample, imagine usingNewton's laws ofmechanics for describing the motion of a dropped crumpled dollar). Cartwright's explanatory framework is thus pragmatic and local, avoiding the twin pitfalls of the metaphysical assumptions underlying the two older models—the totalizing and unifying idea of a covering law, on the one hand, and the influence of causal "force," on the other. What is instead emphasized by her is a procedural aspect of scientific knowledge that has been historically prevalent and reflects the practical exigencies of human existence—the experience of dangers and natural obstacles to human 126Explaining 'Anna Karenina ' desires. When ill-defined impediments are analyzed and reduced to concrete difficulties, specific... (shrink)

I begin by identifying two approaches for comprehending actions: the analytical approach and the hermeneutical approach. I examine two analytical approaches. The first is the covering law model as defended by Ernest Nagel. The second is the practical syllogism as defended by G. H. von Wright. They are both inadequate because the interpretation they allow for is limited. That is, the contexts into which they would fit actions do not allow for the range of meanings an action may present. The (...) hermeneutical approach, on the other hand, licenses any followable connections. Determination of relevant connections is made with reference to the question precipitating inquiry and the particular situation inquired into. ;Moreover, looking closely at the notion of cause, I show that the sort of causality the historian uses differs from the sort of causality of interest to natural and social scientists. That is, the historian is interested in examining individual causal connections as a way of comprehending particular incidents together, whereas the natural and social scientists are primarily concerned with comprehending individual events into a class of events and then connecting classes of events, which abstractly connect the individual events. In this way, prediction becomes possible. ;We cannot comprehend history in the same way in which we comprehend nature if we think that actions have no broader meaning than their place in the order of nature. While this view is abhorrent to some, it is held by many serious people. Consequently, we move from an epistemological question to an ethical question, "Ought we to try to comprehend history in the way we comprehend nature?" We must acknowledge this ethical question because the relationship between knower and thing known in history is not only an epistemological relationship, it is also a human relationship. Like all human relationships, it has an ethical dimension. ;Narrative comprehension of human action is to be preferred over more straightforwardly theoretical modes of comprehension because the narrative form is peculiarly able to comprehend alternative points of view into coherent wholes. Its ability to do this allows for the presentation of agents not simply as objects, but as subjects. One particularly important reason for this is that once we see the formal principle of unity within narrative as a movement to agreement, we can recognize this same movement as the principle underlying each person's experience. ;History may help us to re-affirm democratic values because in its recognition of the diversity of points of view it reminds us that each of us has only a perspective on the social world, and not the whole story. The reason for this, however, is not some failure of will on our part, but rather that the social world is a creation of our interpretations as well as our actions, and all of our interpretations have some role in the formation of the contexts that form the meaning of our words and deeds. (shrink)

In criminal proceedings, offenders are sentenced based on doctrines of culpability and punishment that theorize why they are guilty and why they should be punished. Throughout human history, these doctrines have largely been grounded in legal-policy constructions around retribution, safety, deterrence, and closure, mostly derived from folk psychology, natural philosophy, sociocultural expectations, public-order narratives, and common sense. On these premises, justice systems have long been designed to account for crimes and their underlying intent, with experience and probabilistic assumptions shaping theoretical (...) discourses on the nature of crimes and offenders’ punishability. As scientific discoveries, inventions, and methodologies progressively developed to refine such doctrines and displace long-held assumptions, criminal courtrooms have increasingly witnessed counsels and judges relying on scientific evidence to submit, dispute, or validate claims. For instance, over the last century, criminal courtrooms have selectively admitted neuroscientific models, exams, and insights claiming to revolutionize our understanding of who is culpable and deserving of punishment. Most recently, advancements in epigenetics have promised even more profound challenges to long-standing criminal law doctrines. This article examines the reasons reversibility and inheritability of epigenetic markers might warrant revising culpability and punishment and concludes that epigenetic findings are not yet robust enough to justify such revisions. (shrink)

The prevailing narrative in the history of science maintains that the ancient Greeks did not have a concept of a ‘law of nature’. This paper overturns that narrative and shows that some ancient Greek philosophers did have an idea of laws of nature and, moreover, they referred to them as ‘laws of nature’. This paper analyzes specific examples of laws of nature in texts by Plato, Aristotle, Philo of Alexandria, Nicomachus of Gerasa, and Galen. These examples emerged out (...) of the closely intertwined Platonic and Pythagorean traditions, and these philosophers’ texts make reference to laws of nature when describing arithmetical methods, arithmological doctrines, or medical theories. Nicomachus’ laws of nature are especially noteworthy, because they have features that historians look for in the search for the origin of the modern concept of laws of nature. Nicomachus’ laws of nature are mathematical, universal, and necessary. This paper raises the possibility that the ancient Platonic and Pythagorean traditions influenced the subsequent development of the idea of laws of nature in medieval and early modern Europe, including the conception of laws of nature deployed by Johannes Kepler and Isaac Newton. (shrink)

Over the last several years, the environmental regulatory system has undergone radical changes. Various private normative schemes, ranging from corporate codes to environmental management systems, environmental reporting standards, project-finance codes and green indexes, have assumed an increasingly important role in the regulatory arena. The emergence of private environmental governance as an important transnational phenomenon raises two interrelated puzzles: efficacy and legitimacy. Underlying the efficacy puzzle is a deep-seated suspicion toward "soft" legal instruments, which to some observers represent nothing but a (...) coordinated form of "greenwash." The legitimacy question reflects a contrary concern — that these private regulatory structures represent new forms of global authority that are in need of distinctive legitimization. The Article begins with an outline of this new global terrain, exploring its historical evolution. It argues that the multiple links and cross-sensitivities between the different global private regimes have created a novel ensemble regulatory structure with positive enforcement and normative externalities. The Article then moves to examine the question of efficacy more generally, developing a nuanced understanding of the social dynamic of "soft-law" regulation, which rejects the binary logic underlying the "soft law"-"greenwash" narratives. Regarding the political dimension, the Article argues that this new ensemble network has brought about a new transnational political sphere which is associated with an extensive, cross-institutional quest for legitimacy. The Article then turns its focus to the field of sustainability indexes, focusing on the two leading global indexes: FTSE4Good Index Series and Dow Jones Sustainability Indexes. These indexes are taken as a prototypical case of transnational private ordering. Drawing on a close analysis of the indexes’ guiding documents and on interviews with senior executives from both organizations, the Article considers the unique features of these indexes as forms of governance and the paths through which they claim to affect society. It then moves to explore the mechanisms of legitimacy employed by FTSE4Good and DJSI, highlighting their distinctive visions of legitimization. A close examination of sustainability indexes generates insights, I will argue, regarding the field of private global environmental governance as a whole. In particular, it highlights both the new political opportunities created by the evolving network of transnational governance and the limits this new structure sets for radical critique. (shrink)

This article argues that the common law constitution can be thought of as the working out of a tradition within which notions of gender, national identity and citizenship are conveyed and secured. It looks at the making and interpretation of Commonwealth Caribbean Constitutions in the latter half of the twentieth century. It shows how the language of the common law constitution was employed to bolster the competence of West Indian male nationalists to govern and to legitimize measured progress for women. (...) The article also explores the fundamental role played by common law constitutionalism in the conceptualization of Caribbean constitutions as evolutionary and the veneration of ordinary existing laws as an expression of valuable norms about gender relations. Narratives of continuity as well as discontinuity are identified with the Caribbean common law constitution. As judicial decisions on gender equality become more liberal, problematic earlier decisions are categorized as ‘badly decided’, signifying a clean break from the past and the abandonment of harmful practices. This article claims that these narratives of discontinuity are associated with the conventional faith in the common law's capacity for change and that they substantially conceal the force and persistence of gender asymmetries in Caribbean societies and the ideologies that have enabled and sustained them. (shrink)