This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

BackgroundCountries are increasingly devoting significant resources to creating or strengthening research ethics committees, but there has been insufficient attention to assessing whether these committees are actually improving the protection of human research participants.DiscussionResearch ethics committees face numerous obstacles to achieving their goal of improving research participant protection. These include the inherently amorphous nature of ethics review, the tendency of regulatory systems to encourage a focus on form over substance, financial and resource constraints, and conflicts of interest. Auditing and accreditation programs (...) can improve the quality of ethics review by encouraging the development of standardized policies and procedures, promoting a common base of knowledge, and enhancing the status of research ethics committees within their own institutions. However, these mechanisms focus largely on questions of structure and process and are therefore incapable of answering many critical questions about ethics committees' actual impact on research practices.The first step in determining whether research ethics committees are achieving their intended function is to identify what prospective research participants and their communities hope to get out of the ethics review process. Answers to this question can help guide the development of effective outcomes assessment measures. It is also important to determine whether research ethics committees' guidance to investigators is actually being followed. Finally, the information developed through outcomes assessment must be disseminated to key decision-makers and incorporated into practice. This article offers concrete suggestions for achieving these goals.ConclusionOutcomes assessment of research ethics committees should address the following questions: First, does research ethics committee review improve participants' understanding of the risks and potential benefits of studies? Second, does the process affect prospective participants' decisions about whether to participate in research? Third, does it change participants' subjective experiences in studies or their attitudes about research? Fourth, does it reduce the riskiness of research? Fifth, does it result in more research responsive to the local community's self-identified needs? Sixth, is research ethics committees' guidance to researchers actually being followed? (shrink)

The concept of vulnerability has long played a central role in discussions of research ethics. In addition to its rhetorical use, vulnerability has become a term of art in U.S. and international research regulations and guidelines, many of which contain specific provisions applicable to research with vulnerable subjects. Yet, despite the frequency with which the term vulnerability is used, little consensus exists on what it actually means in the context of human subject protection or, more importantly, on how a finding (...) of vulnerability should affect the process of research ethics review.The Common Rule, the centerpiece of the U.S. human subject protection regulations, uses the word vulnerable three times. First, it provides that institutional review boards that regularly review research involving a vulnerable category of subjects should consider including one or more individuals who are knowledgeable about and experienced in working with these subjects. (shrink)

Societal concerns dictate the need for animal welfare standards and legislation. The public and livestock producers often differ on their views of livestock welfare, and failure to meet public expectations may threaten the “social license to operate” increasing the cost of production and hampering the success of the industry. This study examined public and producer attitudes toward common practices and animal welfare issues in the Australian red meat industry, knowledge of these practices, and public and producer trust in people working (...) the red meat industry using an Australia-wide survey of both the general public and red meat producers. Public participants were recruited using a random digit dialing telephone survey while the red meat producers were randomly selected within a curated database of Australian red meat producers. After controlling for gender and age, there were marked differences between public and producer respondents in 20 of the 27 attitude, trust and knowledge variables studied. Producers reported more positive beliefs in the conditions provided for sheep and beef cattle during sea and land transport, the husbandry practices used in the red meat industry, and red meat attributes regarding human health, environmental impact, animal use and animal welfare. Both public and producers reported similar levels of trust in conventional and commercial media and had similar beliefs about animal rights, prevention of animal cruelty and balancing the welfare of people and animals. The results indicate a polarization between the public and livestock producers in their attitudes toward animal welfare, knowledge of husbandry practices and trust in livestock people. (shrink)

In “Should We Impose Quotas? Evaluating the ‘Disparate Impact’ Argument Against Legalization of Assisted Suicide,” Ronald Lindsay argues that it should make no difference to the debate over legalizing assisted suicide whether the risks associated with legalization would fall disproportionately on the poor, people with disabilities, racial minorities, or any other especially vulnerable social group. Even assuming such an inequitable distribution of risks would occur, he maintains, attempting to avoid such an outcome is not a good reason to deny assisted (...) suicide to “competent persons who truly voluntarily choose it.”Those of us who worry that legalization will differentially burden already disadvantaged segments of society have generally taken it for granted that the possibility of such disparities raises significant public policy concerns. By insisting on an explanation of this assumption — and, in so doing, making explicit the tension between autonomy and equality that underlies the assisted suicide debate — Lindsay has significantly advanced the ongoing conversation. While I disagree with his analysis, I commend him for a thoughtful, provocative, and important contribution to the literature. (shrink)

Developing countries face numerous barriers to conducting effective and efficient ethics reviews of international collaborative research. In addition to potentially overlooking important scientific and ethical considerations, inadequate or insufficiently trained ethics committees may insist on unwarranted changes to protocols that can impair a study's scientific or ethical validity. Moreover, poorly functioning review systems can impose substantial delays on the commencement of research, which needlessly undermine the development of new interventions for urgent medical needs. In response to these concerns, the Drugs (...) for Neglected Diseases Initiative, an independent nonprofit organization founded by a coalition of public sector and international organizations, developed a mechanism to facilitate more effective and efficient host country ethics review for a study of the use of fexinidazole for the treatment of late stage African Trypanosomiasis. The project involved the implementation of a novel ‘pre-review’ process of ethical oversight, conducted by an ad hoc committee of ethics committee representatives from African and European countries, in collaboration with internationally recognized scientific experts. This article examines the process and outcomes of this collaborative process. (shrink)

The question of legalizing physician-assisted suicide has become a serious public debate. Growing interest in assisted suicide reflects a public increasingly fearful of the process of dying, particularly the prospect of dying a painful, protracted, or undignified death. PAS has been proposed as a compassionate response to unrelievable suffering, designed to give terminally or incurably ill individuals direct control over the timing, manner, and circumstances of their death. Although the American Medical Association remains firmly opposed to legalizing PAS, many physicians (...) have begun to express support for the practice, and some have acknowledged that they have helped patients commit suicide despite the existing legal ban.As support for PAS grows, it becomes increasingly likely that the practice will be legalized in at least some states in the not-too-distant future. In 1994, Oregon voters approved a referendum legalizing PAS for competent, terminally ill patients; a federal court injunction preventing the referendum from going into effect is currently on appeal, and it is widely expected that the injunction will be lifted. (shrink)

Under the Common Rule, federally-supported activities involving human participants are presumptively required to undergo prospective ethics review if they are “designed to develop or contribute to generalizable knowledge.” However, the “generalizable knowledge” standard is inherently ambiguous; moreover, it is both over- and under-inclusive of the type of activities that warrant prospective ethical oversight. Rather than conditioning prospective ethics review on an ethically irrelevant criterion like the generalizable knowledge standard, this article proposes that prior ethics review should be required when some (...) individuals are exposed to greater-than-minimal risks for the potential benefit of others, at least when the activity in question is conducted or supported by federal agencies. Under such an approach, the fact that an activity constitutes research would be neither necessary nor sufficient to trigger prospective ethical oversight. (shrink)

Among the many explanations for antibiotic overprescription, some doctors cite the risk of malpractice liability if they deny a patient's request for an antibiotic and the patient's condition worsens. In this paper, I examine the merits of this concern—i.e., whether physicians could, in fact, face malpractice liability for refusing to prescribe an antibiotic when, from a public health perspective, the use of the antibiotic would be considered inappropriate. I conclude that the potential for liability cannot be dismissed entirely, but the (...) risk is remote—even in cases where there is a chance that the antibiotic might have benefited the patient. (shrink)

On November 8, 1994, Oregon became the first state in the nation to legalize assisted suicide. Passage of Proposition 16 was a milestone in the campaign to make assisted suicide a legal option. The culmination of years of effort, the Oregon vote followed on the heels of failed referenda in California and Washington, and other unsuccessful attempts to enact state laws guaranteeing the right to suicide assistance. Indeed, in 1993, four states passed laws strengthening or clarifying their ban against assisted (...) suicide. No doubt, Proposition 16 is likely to renew the effort to legalize assisted suicide at the state level.The battle over assisted suicide is also unfolding in the courts. Litigation challenging Proposition 16 on the grounds that it violates the equal protection clause is ongoing in Oregon. More significantly, three cases, two in federal courts and one in Michigan state court, have been brought to establish assisted suicide as a constitutionally protected right. (shrink)

In response to the increasing number of mentally ill people experiencing homelessness, some policy‐makers have called for the expanded use of involuntary commitment, even for individuals who are not engaging in behaviors that are immediately life‐threatening. Yet there is no evidence that involuntary commitment offers long‐term benefits, and significant reasons to believe that expanding the practice will cause harm. In addition, these proposals ignore research showing that most people with mental illness have the capacity to make medical decisions for themselves. (...) Rather than expanding the use of involuntary commitment, policy‐makers should support approaches proven to decrease the prevalence of homelessness, such as supportive housing. In addition, states should reevaluate their commitment standards for persons who pose no risk of harm to others. One promising approach is Northern Ireland's Mental Health Capacity Act of 2016, which establishes a uniform standard for imposing nonconsensual health care interventions, without any distinction between mental illnesses and other conditions in which capacity might be compromised. (shrink)

In recent years, the government, advocacy organizations, the press, and the public have pressured universities, academic medical centers, and physicianinvestigators to do more to ensure that their financial interests and relationships do not conflict with their duties to conduct high-quality research and protect the safety and welfare of clinical trial participants. A number of factors underlie the increased focus. First, private sector funding of clinical research has grown both in absolute terms and as a proportion of overall funding. In 2008, (...) the pharmaceutical, medical device, and biotechnology industries’ domestic research and development expenditures constituted approximately 60.9% of funding for biomedical research in the United States; the next largest funder, the National Institutes of Health, funded 27.9%. Private industry spent $58.6 billion on research in 2007, up from $40 billion in 2003, an increase of 25% after adjusting for inflation. (shrink)

Surveys are used extensively in social research and, despite a lack of conclusive evidence of their ‘representativeness,’ probability internet panel surveys are being increasingly used to make inferences about knowledge, attitude and behavior in the general population regarding a range of socially relevant issues. A large-scale survey of Australian public attitudes and behavior toward the red meat industry was undertaken. Samples were obtained using a random digit dialing telephone survey and a PIP survey to examine differences between the two samples (...) regarding attitudes and behavior relating to livestock use and welfare. There was little difference in demographics between the CATI and the PANEL surveys apart from highest level of education. However, there were differences between the two samples in both attitudes and behavior toward the red meat industry after controlling for education levels. The PANEL respondents gave generally more conservative responses than did the CATI respondents in the sense that they were more positive toward the livestock industries and animal welfare within these industries. Differences were also found between the respondents of the two samples regarding behavior that relates to the red meat industry, both community and consumer behavior. PANEL respondents were less engaged in community behaviors performed in opposition of the red meat industry when compared with the CATI sample. The majority of CATI and PANEL respondents were red meat eaters and there was no difference between respondents of the two samples in relation to red meat consumption, however, there were fewer vegetarians and vegans in the PANEL survey. Possible reasons for the observed differences are discussed, however, a definitive answer will depend on further research to identify the specific psychological factors that differ between samples derived from different survey methodologies. (shrink)

This study examines the outcomes of a four-year faculty learning community (FLC) that aimed to transform departmental ethics curriculum by supporting Earth Sciences faculty members as they ethically inquired into their teaching of ethics and refined existing courses in alignment with an Integrated Community-Engaged Learning and Ethical Reflection (ICELER) framework. We present ethnographic case studies that unpack processes through which three faculty members transformed undergraduate courses. We assembled case studies by triangulating interview data, course artifacts, and faculty reflections. We examine (...) how faculty (1) built awareness around teaching ethics, (2) took responsibility for and made judgments about teaching ethics, (3) experimented by designing and implementing ICELER-inspired courses, and (4) interrogated the outcomes of their ethics teaching, utilizing findings to enhance awareness and revise courses. The paper closes by introducing a model detailing how instructors inquire into ethics teaching and how model components might inspire future educational practice and research. (shrink)

In this article, James Joshua Coleman and Jon Wargo interrogate the (queer) child as a concept and specter that haunts civic life in the United States. Whereas scholars across a range of fields and standpoints have questioned the value of LGBTQ+ inclusion in public school curricula, and society more broadly, together Coleman and Wargo wonder at the capacity of civics education to include queer (as opposed to LGBTQ+) citizens within the cis-straight nation-state. To explore this possibility, they read (...) across two bills: (1) H.R. 9197 (Stop the Sexualization of Children Act), and (2) Illinois House Bill 246 (Inclusive Curriculum Law). In so doing, they highlight how the (Queer) Child operates as an organizing binary logic within these bills and examine how hermeneutical injustice impedes the formation of a truly queer civics education. Specifically, Coleman and Wargo demonstrate how hermeneutical injustice limits the nature of inclusion for LGBTQ+ citizens, both for exclusionary, anti-LGBTQ+ policy and for seemingly inclusive legislation. Pointing to scenes that demonstrate hermeneutical justice and queer survivance, they conclude by suggesting the construction of a queer civics education that stands outside the binary logics of the cis-straight nation-state. (shrink)

Opinion leaders within the community may lead debate on animal welfare issues and provide a path for information to their social networks. However, little is known about OLs’ attitudes, activities conducted to express their views about animal welfare and whether they are well informed, or not, about husbandry practices in the red meat industry. This study aimed to identify OLs in the general public and among producers and compare OLs and non-OLs’ attitudes, knowledge and actions to express their views about (...) the red meat industry. Two questionnaires, one for the Australian general public and one for Australian red meat producers, were developed to identify general attitudes. From these questionnaires, OLs were identified using a two-step cluster analysis. Subsequently, a sub-sample of 19 OLs participated in a follow-up phone interview. Results disclosed some clear OLs’ characteristics. Public OLs held more negative perceptions of the red meat industry and perceived they had more knowledge about husbandry procedures. However, their actual knowledge about animal husbandry was not different from non-OLs. Public OLs also used and trusted social and internet media more than did non-OLs. In the producer group, a large percentage of OLs were identified. Producer OLs had more actual knowledge about animal husbandry and engaged in more behaviours to express dissatisfaction with the industry than non-OLs. Unlike the public respondents, this group used conventional media more than social and internet media, and their levels of trust in all kinds of media were low. While there were clear differences, both groups believed that is important to increase communication and educate about farm practices. This may present an opportunity to develop an opinion leader intervention strategy where informed OLs could later disseminate accurate information to their social networks. Further studies should test if sustained and facilitated educational sessions between public and producer OLs can assist in increasing communication, knowledge and perhaps, may assist in achieving convergence of concerns and expectations between both groups. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:SCRIPTURAL GROUNDS FOR CONCRETE MORAL NORMS 1. Is JJ1oral Theology Really Theology? 0 BE CHRISTIAN theology moral theology ought to be firmly grounded in the Bible as understood in the living tradition of the Church. Yet the moralist who asks help from the biblicist today is to be met with a host cf objections.1 I will mention eight I have encountered: l) Attempts to develop a biblical theology unified (...) by some central concept such as promise fulfillrnent, salvation history, or liberation have all broken down. The Bible contains many diverse, even contradictory, or at least dialectically opposed theologies and ethical To harmonize them is to distort them.2 1 See Charles E. Curran and Richard A. McCormick, S.J., eds., The Use of Scriptures in Moral Theology (Readings in Moral Theology No. 4. New York: Paulist, 1984) for a representative selection of essays, and Robert J. DaLy, S.J. in cooperation with.J. A. Fischer, C.M., T. J. Keegan, O.P., A..J. Tambasco, L. J. Topel, S.J., and F. E. Schuele, Christian Biblical Ethfos Ji'rorn Biblical Revelation to Contemporary Christian Praxis, Method and Content {New York: Paulist, 1984) for a more systematic argument.. In these notes these will be referred to as US and CBE. See also William C. Spohn, S.J., What Are '!'hey Saying About Bcriptiire a,nd Ethics? (New York: Paulist, 1983) ; David Kelsey, Uses of Scripture in Recent Theology (Philadelphia : Fortress, 1975); and Bruce C. Birch and Larry Rasmussen, Bible and Ethics in the Christian Life (l\finneapolis: Augsburg, 1976). Valuable hermeneutical suggestions ·will be found in Rudolf Schnackenburg, The Moral Teaching of the New Testarnent (New York: Seabury, 1973) and the two works of Pierre Grelot, Sens Oh1·etien de l'Ancien Testarnent 2nd ed. (Paris: Desclee, 1962) and Problemes de ilforale JJ'ondarnentale: Un eclairar1e biblique (Paris: Cerf, 1982) and the essa\)'s in :M:. Gilbert, J. L'Hour and,J. Scharbet, Morale et Ancien Testament, (Universite Catholique du Louvain, 1976). 2 See H. G. Reventlow, Problems of Old Testament Theology in the Twen· tieth Cent·ury (Philadelphia: Fortress Press, 1985, pp. 44,65; 125-133, and 1 BENEDICT M. ASHLEY, O.P. 2) The predominant literary form of the Bible which holds it together is narrative. How then can we draw moral principles from such narratives? To treat them as cautionary tales with an obvious moral does great injustice to their psychological richness and moral ambiguity.3 3) The Bible primarily uses not a literal but a symbolic type of language appropriate to the mysteries it reveals. These symbols or images can mold ethical attitudes and affections but they cannot be reduced to literal concrete moral norms without danger of distortion.4 4) Granted that both Testaments contain many prescriptive statements, they are so embedded in their historical contexts and so related to situations that are now obsolete, that it is impossible to believe they oblige us today. Can we really believe that women must be veiled (I Cor 11: 10) or that slaves should obey their masters (Ti 2: 9)? 5 5) The early Church, and perhaps Jesus himself, expected the eschaton within a lifetime. Consequently, the New Testament provides only an " interim ethics " which is useless as a guide in a continuing sinful world.6 6) We read in Ephesians 2: 15 that Jesus "in his own flesh John H. Hayes and Frederick Prussner, Old Testament Theology: Its Nature and Development (Atlanta: John Knox, 1985), especially pp. 254-279 for a discussion of the search for a unifying concept for the Bible and its present status. s James A. Fischer, C.M., "Story and Image", CBE, pp. 156-169. 4 CBE, pp. 289-295. 5 Thus James M. Gustafson, in an influential article, "The Place of Scripture in Christian Ethics: A Methodological Study" (US, pp. 151-177) distinguishes the uses of Scripture as moral law, as moral ideal, as moral analogy, and finally what he calls its "loose" use to inspire reflection on current problems. He is especially critical of the first method and gives preference to the last. s" To put the matter most sharply, Jesus does not provide a valid ethics for today. His... (shrink)

This study identified and compared the attitudes of visitors toward zoo-housed little penguins, their enclosure and visitor experience that may influence the way visitors behave toward little penguins at two Australian zoos. Visitor attitudes were assessed using an anonymous questionnaire, targeting visitor beliefs, and experiences, where visitors were randomly approached at the penguin exhibit after they had finished viewing the penguins. Visitors were given two options to complete the questionnaire, on an iPad during their zoo visit or online (URL sent (...) via email) after their zoo visit. A total of 638 participants (495 at Melbourne Zoo and 143 at Taronga Zoo) completed the questionnaire, 42% were completed onsite during their zoo visit and 58% were completed online after their zoo visit. Most participants were living in Australia, non-zoo members, female, previously or currently owned a pet, aged between 26 and 35 years and had a University degree. Results showed that the attitude dimensions of visitors were consistent between the two zoos which indicates that these measures of attitudes were stable over time and location. Overall, visitors at both zoos had positive attitudes toward little penguins, penguin welfare, the enclosure, and visitor experience. However, whether these positive attitudes and positive visitor experience influenced the way visitors behaved toward the penguins remains unclear. There were some differences in visitor attitudes toward the perceived “aggressiveness” and “timidness” of little penguins, “negative penguin welfare”, “experience with the penguins”, “learning”, “visual barriers” and the way visitors rated their overall experience at the penguin enclosure. While the reasons for the differences in visitor attitudes and visitor experience between the zoos were not clear, some factors such as penguin behavior and enclosure design, may have been attributable to these differences. Also, a relationship was found between visitor attitudes and how visitors rated the welfare of penguins, the enclosure and visitor experience at the enclosure; more positive visitor attitudes were associated with higher ratings of penguin welfare, the enclosure and visitor experience. The practical implications of these results for zoos is unclear because the differences in visitor attitudes were numerically small. This requires further comparisons between zoos or enclosures that are more markedly different than the penguin enclosures in the present study and further research on how visitors assess zoo animals, enclosures and visitor experience. (shrink)

Replication of the main chromosome in the halophilic archaeon Haloferax volcanii was recently reported to continue despite deletion of all active replication origins. Equally surprising, the deletion strain grew faster than the parent strain. It was proposed that origin‐less H. volcanii duplicate their chromosomes via recombination‐dependent replication. Here, we recall our present knowledge of this mode of chromosome replication in different organisms. We consider the likelihood that it accounts for the viability of H. volcanii deleted for its main specific replication (...) origins, as well as possible alternative interpretations of the results. The selective advantages of having defined chromosome replication origins are discussed from a functional and evolutionary perspective. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:GENDER AND THE PRIESTHOOD OF CHRIST: A THEOLOGICAL REFLECTION BENEDICT M. ASHLEY, 0.P. Aquinas Institute of Theology St. Louis, Missouri I. Does "Patriarchy" Explain the Tradition? HE CONGREGATION for the Doctrine of the Faith, n its 1976 Declaration on the Question of the Admission f Wonien to the Ministerial Priesthood, based its negative response primarily on tradition.1 For many this argument 1 Inter Insigniores (Oct. 15, 1976, AAS (...) 69 [1977]), Origins 6, 33 (Feb. 3, 1977) : 518-531. For a general bibliography on women's studies see Patricia K. Ballou, Women: A Bibliography of Bibliographies, 2nd ed. (Boston: G. K. Hall, 1986). For select bibliography pro and con on the present topic see note 92, p. 560 of my Theologies of the Body: Humanist and Christian (St. Louis: Pope John Center, 1985) and Wendell E. Langley, S.J. and Rosemary J ermann, " Women and the ministerial priesthood: An annotated bibliography," Theology Digest 29 :329-42 (Winter '81). Strong cases against ordination are made by Louis Bouyer, W onzan in the Church, tr. by Marilyn Techert [Epilogue by Hans Urs von Balthasar and Essay by C. S. Lewis, "Priestesses in the Church"] (San Francisco: Ignatius Press, 1979) ; Manfred Hauke, Women in the Priesthood? A Systematic Analysis in the Light of the Order of Creation and Redemption, tr. by David Kipp (San Francisco: Ignatius Press, 1988); L. Ligier, "Women and the ministerial priesthood," Origins, 7:694-702 (April 20, 1978); and Patrick Dunn, Priesthood: A Re-Examination of the Roman Catholz'.c Theology of the Presbyterate (Staten Island, NY: Alba House, 1990), pp. 173-196. Strong cases for ordination are made by Ida Raming, The Exclusion of Women from Priesthood: Divine Law or Sex Discrimination, tr. by Norman R. Adams (Meutchen, NJ: Scarecrow Press, 1976) ; Haye von der Meer, Women Priests in the Catholic Chitrch: A Theological -Historical Investigation, tr. by Arlene and Leonard Swidler (Philadelphia : Temple University Press, 1973) ; George Tavard, Woman in Christian Tradition (Notre Dame: University of Notre Dame Press, 1973) ; Karl Raimer, "Priestertum der Frau," Stimmen der Zeit, 195 :291-301 (May 1977) ; Joseph Komonchak, " Theological Questions on the Ordination of Women," Catholic Mind 75 CJan. 1977) : 13-28; Carroll Stuhlmueller, C. P., ed., Women and Priesthood: Future Directions (Collegeville, MN: Liturgical Press, 1978); and Elizabeth Schussler Fiorenza, In Memory of Her: A Feminist Theological Reconstruction of Christian Origins (New York: Crossroad, 1983). 343 344 BENEDICT Mo ASHLEY, OoPo fails to persuade" It seems obvious to them that this " tradition " merely reflects the " patriarchalism " of the Jewish and pagan milieu of the early Church" The Declaration anticipated this objection when it pointed out (a) that Jesus was counter-cultural in many respects, especially in his attitude toward women; (b) a better explanation for the tradition can be found in the reality (res) which the sacrament of ordination symbolizes, namely, that the priest acts ini persona Christi capitis ecclesiae" Thus the essential role of a Christian priest is to represent Christ present and acting in his Church as its male Head" The Congregation formulated its conclusion cautiously: "The Church, in fidelity to the example of the Lord, does not consider herself authorized to admit women to priestly ordination." 2 Thus no other opinion may be followed in practice, and if bishops or theologians raise questions about the meaning of the tradition they must not trivialize its importance nor arouse illusory expectations of change. Final judgment on the matter can only pertain to the magisterium. In what follows I will not explore the argument from tradition as such, but only the supporting argument from symbolism, in an attempt to fill in certain steps which it seems to me the Declaration passed over. Nor will I deal here with other secondary arguments against the Declaration's conclusion, particular the pragmatic argument that since Christians have a right to the Eucharist, the decline of male priestly vocations in many secularized countries justifies the ordination of women" H the Church has no power to ordain women validly, obviously that argument, however practically attractive, is beside the point2 2 Inter Insigniores, last paragraph of the Introduction. 3 The members of a local church have a " right " to the Eucharist only if they... (shrink)

H.L.A. Hart'sThe Concept of Lawis the most important and influential book in the legal positivist tradition. Though its importance is undisputed, there is a good deal less consensus regarding its core commitments, both methodological and substantive. With the exception of an occasional essay, Hart neither further developed nor revised his position beyond the argument of the book. The burden of shaping the prevailing understanding of his views, therefore, has fallen to others: notably, Joseph Raz among positivists, and Ronald Dworkin among (...) positivism's critics. Dworkin, in particular, has framed, then reframed, the conventional understanding, not only of Hart's positivism, but of the terms of the debate between positivists and him. While standing on the sidelines, Hart witnessed the unfolding of not only a lively debate between positivists and Dworkin, but an equally intense one among positivists as to positivism's (and his) core claims. The most important debate has been between so-called inclusive and exclusive positivists: a debate as much about Hart's legacy as about the proper interpretation of legal positivism. (shrink)

This book is intended for the use of the candid student, devised as a monitory preparation for deeper study of the philosophy of Spinoza. By its means it is hoped that the student may avoid the chief pitfalls of Spinoza-interpretation, and be carried past many of the difficulties encountered by the modern mind in the study of his writings. To this end perhaps the greatest hindrance to be met by the beginner is the ‘popular' exposition that attempts to expound the (...) thought of one age in terms of the favoured categories of another. By providing the necessary safeguards against misinterpretations arising from such causes, the author has sought to awaken interest in the closely knit fabric of Spinoza's doctrine of man and nature and God, and its practical import - and thus to revivify a specimen too long deprived of its native air. (shrink)

No one denies that moral principles figure in legal argument and practice. However, the kind of role morality can or must play in law has been a topic of debate not only between positivists and their critics, but also within the positivist camp. The topic was brought into contemporary prominence by Ronald Dworkin, who in TheModelofRulesI made the provocative observation that the legality of norms appears to depend sometimes on their substantive (moral) merits, and not just on their pedigree or (...) social source. 1 The observation was intended by Dworkin as a challenge to the positivism of H.L.A. Hart. (shrink)