BackgroundWhenever South African research institutions share human biological material and associated data for health research or clinical trials they are legally compelled to have a material transfer agreement in place that uses as framework the standard MTA newly gazetted by the South African Minister of Health.Main bodyThe article offers a legal analysis of the SA MTA and focuses on its substantive fit with the broader legal environment in South Africa, and the clarity and practicality of its terms. The following problematic (...) aspects of the SA MTA are highlighted: Where only data and no human biological material are transferred, the SA MTA does not apply, leaving a lacuna; Health Research Ethics Committees are required to be parties to a MTA despite it being outside their legal mandate and undermining their oversight function; the SA MTA’s consent provisions are not aligned with extant law; and, similarly, its provision on donor ownership is misaligned with extant law; its creation of fictitious performance can only cause frustration on the part of an injured party; its benefit-sharing provision is vague and will have little practical effect; its dispute-resolution provisions fail to adequately protect South African research institutions and research participants; it fails to provide substantive guidance regarding intellectual property as its provisions relating to intellectual property may cause practical problems; and, finally, its data privacy provision is insufficiently specific, is overbroad, and fails to provide terms that in general would facilitate the international sharing of human biological material and associated data in terms of existing privacy law.ConclusionsWhile some of the problematic aspects of the SA MTA are intricate and require consultative processes with stakeholders and others, to develop comprehensive solutions, most of the problematic aspects can be resolved immediately through amendments by the South African Minister of Health. The formulation of such amendments is proposed and, where possible, interim measures are suggested that may ameliorate the problems presented by the SA MTA. (shrink)

This article points out a problematic lacuna in our law on surrogate motherhood, namely the lack of objective criteria for evaluating the suitability of a surrogate mother. The recent case of Ex Parte KAF – a case in which a surrogate motherhood agreement confirmation application was dismissed by the Johannesburg High Court – demonstrated how this lacuna can cause conceptual disjunction between the court and the clinical psychologist who evaluates the candidate surrogate mother. The solution suggested in this article is (...) that clinical psychologists who evaluate candidate surrogate mothers should give urgent and careful thought to identifying such objective criteria, and start explicitly articulating these criteria in the reports that they file in surrogate motherhood agreement confirmation applications. This practice will give the court the opportunity to engage with such criteria and to develop precedents in this regard. (shrink)

As is the case around the globe, South African fertility clinics face an ever‐expanding problem: what to do with the growing number of surplus cryopreserved embryos. Fertility clinics remain hesitant to destroy these abandoned embryos, partly because of concerns about the legal ramifications. This article clarifies the legal position in South Africa and offers practical recommendations to assist fertility clinics in managing abandoned embryos. In sum, fertility clinics cannot deem embryos as abandoned and discard them if fertility patients fail to (...) respond to a notice that the embryo storage agreement is about to expire. However, if there is non‐payment for embryo storage by fertility patients and the fertility clinic has informed the fertility patients of other options available to them with respect to their embryos, and there is still no response, the fertility clinic is legally entitled – and legally obliged – to discard the embryos. (shrink)

A complex network of ethico‐legal rules makes it difficult for health researchers in South Africa to lawfully recruit adolescents to the kinds of sensitive studies where it may be ethically appropriate to proceed without notifying parents or obtaining parental consent. This article responds to a recent proposal to amend the blanket requirement for mandatory parental consent presently contained in section 71 the South African National Health Act 61 of 2003 [NHA]. The proposed amendment is intended to bring the NHA into (...) alignment with South Africa's 2015 Department of Health Guidelines on Ethics in Health Research by permitting greater flexibility for a health research ethics committee to waive parental consent, and permit adolescents to consent independently. A lacuna in this proposal is highlighted with reference to the requirements of South Africa's Protection of Personal Information Act 4 of 2013 [POPIA]: Even if the NHA is amended as proposed, the goal of aligning South African law with prevailing ethics norms in South Africa would not necessarily be attained, as parental consent may still be required by POPIA. This article investigates whether this goal (of aligning the law with ethics) can be attained in a way that is compliant with POPIA. It is concluded that this is indeed possible in a number of ways, and that the best way to attain this goal is by requesting the South African Information Regulator to issue a guidance note to the effect that all health research projects that are approved by institutional health research ethics committees are to be regarded as being in the public interest, which would qualify such health research projects to be exempted from POPIA's consent requirements. (shrink)

WHO in 2019 established the Advisory Committee on Developing Global Standards for Governance and Oversight of Human Genome Editing, which has recently published a Draft Governance Framework on Human Genome Editing. Although the Draft Framework is a good point of departure, there are four areas of concern: first, it does not sufficiently address issues related to establishing safety and efficacy. Second, issues that are a source of tension between global standard setting and state sovereignty need to be addressed in a (...) more nuanced fashion. Third, it fails to meaningfully engage with the extent to which the conceptualisation of human dignity may justifiably vary between jurisdictions. Fourth, the meaning of harm to the interests of a future person requires clarity. Provided these four areas of concern can be addressed, the future of the global governance of human genome editing may hold promise. (shrink)

An amendment to this paper has been published and can be accessed via the original article.

This article considers the practical question of how research institutions should best structure their legal relationship with the human genomic data that they generate. The analysis, based on South African law, is framed by the legal position that although a research institution that generates human genomic data is not automatically the owner thereof, it is well positioned to claim ownership of newly generated data instances. Given that the research institution exerts effort to generate the data, it can be argued that (...) it has a moral right to claim ownership of such data. Combined with the fact that it has an interest in having comprehensive rights in such data, it appears that the prudent policy for research institutions is to claim ownership of the human genomic data instances that they generate. This policy is tested against two opposing policy positions. The first opposing policy position is that research participants should own the data that relate to them. However, in light of data protection legislation that already provides extensive protections to research participants, bestowing data ownership on research participants would offer little benefit to such individuals, while leading to significant practical problems for research institutions. The second opposing policy position is that the concept of ownership should be abandoned in favour of data custodianship. This opposing position is problematic, as avoiding reference to ownership is a denial of legal reality and hence not a useful policy. Also, avoiding reference to ownership will leave research institutions with limited legal remedies in the event of appropriation of data by third parties. Accordingly, it is concluded that the wisest policy for research institutions is indeed to explicitly claim ownership of the human genomic data instances that they generate. (shrink)

In 2021, the WHO Expert Advisory Committee on Developing Global Standards for Governance and Oversight of Human Genome Editing (the ‘Committee’) published its policy recommendations. It proposes, inter alia, a set of nine values and principles to inform the governance of human genome editing (HGE) and makes recommendations regarding how HGE can be regulated. While these proposals contain valuable contributions to the discourse on the global governance of HGE, they also contain elements that call for heightened attention to the risks (...) of the technology, and a countervailing focus on the potential benefits of the technology is missing. The Committee ostensibly prioritises restricting HGE technology in the interest of society as a collective but, in doing so, neglects to consider the interests and rights of individuals. In this article, we suggest that this approach is imbalanced insofar as it fails to give sufficient weight to the promise of this technology in considering the regulation of risks and disregards the importance of the fundamental liberties underlying the use of HGE in its discussion of values and principles that should guide governance. How this is problematic is illustrated with reference to the Committee's openness to using patents as HGE governance tools and its blanket rejection of ‘eugenics’. It is concluded that while the Committee makes some sensible recommendations on global governance, the Committee's approach of emphasising restrictions on HGE without also giving weight to the value of an open and liberal policy space is not something that liberal democratic states ought to follow. (shrink)

The South African National Health Research Ethics Council (NHREC) states in its 2024 Ethics Guidelines that human biological material (HBM) and data cannot be privately owned under South African law. This position conflicts with established legal principles, guidelines by the Health Professions Council of South Africa (HPCSA), and South African university policies, all of which support private ownership of HBM and data. Private ownership is not only legally sound but also ethically necessary, providing a framework for accountability, ensuring fair recognition (...) of institutional contributions, and enabling responsible custodianship over these valuable resources. The NHREC's denial of private ownership of HBM and data undermines South African research institutions’ ability to control their research assets and leaves them vulnerable to exploitation by foreign entities. The NHREC should issue a corrigendum to delete its incorrect position on private ownership of HBM and data. (shrink)

The Theodotian Susanna has been studied by various scholars in various ways. Each attempt to give some meaning to this narrative has a different emphasis from a text, context or receiver based angle. This paper presents a mixture of text and context based angles. It focuses on the different spaces in Theodotian Susanna, that is, the house, garden, court and finally heaven. Each of these spaces is contested, but there can only be one victor.

This article aims to present a brief historical overview of interpretative theories and methods relevant to those books that are included in either the Protestant Apocrypha or the Catholic Deuterocanonical in the LXX (Septuagint) for the period 1891–2020. The aim of the article is not to give a complete description of all research on apocryphal/deuterocanonical books. The author’s journey with the relevant literature commenced in 2006, when he was appointed as one of the translators of apocryphal texts for a new (...) edition of the new Afrikaans Bible (2020). Initially, he felt trapped as if in a maze. However, as his research progressed and as he met and talked to LXX experts at that stage, the road began to seem less of an obstacle and more like a challenge. One of the important aspects that he discovered was that not every text in the LXX has a so-called Hebrew Vorlage. Although the author describes different approaches used to interpret LXX material, for example historical-grammatical methods, his focus is on South African LXX research that has made a unique contribution to the previous and existing research, especially by the researchers of the North-West University. Contribution: The article briefly discusses several researchers who have made unique contributions to the LXX apocryphal/deuterocanonical research during the last decade. These scholars utilised different methods to interpret the LXX texts – methods that were not previously employed regularly if at all, for example narratology and narrative theory, cognitive linguistics, cultural anthropology, semiotic theory, rhetorical theory and performance theory. (shrink)

In a recent public engagement study on heritable human genome editing (HHGE) conducted among South Africans, participants approved of using HHGE for serious health conditions—viewing it as a means of bringing about valuable social goods—and proposed that the government should actively invest resources to ensure everyone has equal access to the technology for these purposes. This position was animated by the view that future generations have a claim to these social goods, and this entitlement justified making HHGE available in the (...) present. This claim can be ethically justified in the Ubuntu ethic (deriving from South Africa) as it (a) emphasizes the interests of the community, and (b) espouses a metaphysical conception of the community that transcends the present generation and includes past and future generations. On this basis, a compelling claim can be made on behalf of prospective persons in favor of equal access to HHGE. (shrink)

This article considers the affinities in the socio-political thought of Emmanuel Levinas and Richard Rorty. The writings of both display considerable concern for the suffering of others. Both authors note the importance of a self-critical subject becoming more aware of its own injustice as very important for recognizing our responsibilities to others. Furthermore, both stress the importance of recognizing the other outside of the usual, objectifying categories, since it is the uniqueness of the other that reminds us of our responsibility (...) for the other. Both writers view the liberal state as the best political forum in which to realize a fuller recognition of and responsibility towards the other, a form of state in which the ethical constantly interrupts the political. Rorty and Levinas disagree, however, on the legitimacy of not responding to the other. Key Words: Critchley • irony • justice • Levinas • liberal state • other • responsibility • Rorty • sentimental education. (shrink)

Having been struck by the Levinasian aspects of J.M. Coetzee's Age of Iron, this article tries to ‘reveal' Coetzee's novel as a Levinasian narration of how the other ruptures a specific subject's self-regarding egoism, leading the subject to take up its responsibility for the other. Throughout, the concreteness and realism of the novel is considered supplementary to the abstraction of Levinas's philosophical thought. It is demonstrated how the main character in Age of Iron, Elizabeth Curren, is confronted by the other (...) as a face, has her right to be put into question by the other, experiences guilt for her usurpation of the place of the other, which becomes positive in her assuming responsibility for the other. In awakening to the other, Curren moves from a Heideggerean concern with her own death (she is dying of cancer) towards a Levinasian prioritising of the other's life over her own. Her coming into contact with the political violence and oppression of late 1980s South Africa adds to and focuses her expiation for the other. S. Afr. J. Philos. Vol.24(1) 2005: 22-32. (shrink)

The view of the deity and the people in 2 Maccabees seems to be a dynamic rather than a stagnant relationship. On the one hand, the deity sometimes punishes his people through the enemy. However, in other instances, he defends them against the same enemy. In this sequence of events, the ‘Heliodorus scene’ in 2 Maccabees 3 is quite unique. A protagonist and his helpers (a man on a horse and two youths) as well as an antagonist and his helpers (...) (Heliodorus and his bodyguard) can be shown. Minor, seemingly insignificant players – the ‘widows and orphans’ – are also found. Doran states that mentioning them in this scene is possibly a rhetorical ploy and refers to LXX Psalms 67:6 (Ps 68:5) as possible background. However, Doran, unfortunately, does not investigate LXX Psalms 67 further. Upon closer inquiry, this text might show an interesting context for the Heliodorus scene and the making of the people. It demonstrates how ‘the people’ should conduct themselves, the role of the sanctuary, and if one can expect the deity to get involved. Contribution: This is a new contribution as the relationship between LXX Psalms 67 and 2 Maccabees 3 has never been looked at in this way. (shrink)

This article addresses the highly disputed distribution of roles in the story of Susanna. Susanna consists of a number of actors of whom only a few such as Susanna, the two elders, the Jewish people and Daniel are directly related to the central action of the story. With regard to the roles of these actors in the story however, a question arises: Who is the subject of the story of Susanna? Most scholars question the attribution of the role of subject (...) to Susanna. Their contention however, has not yet been sustained by convincing evidence stemming from the use of a suitable method. This study attempts to fill this gap by using the Greimassian approach to narratives, as refined by Everaert-Desmedt. The approach comprises three levels of analysis: the figurative, the narrative and the thematic. The contribution focuses only on the narrative level of analysis, particularly on the actantial model because the main role of this structure is to reveal different functions of actors called here actants. It is the contention here that following the actantial model of the Greimassian approach of analysis, Susanna emerges as the subject of the main concern of the story. (shrink)

This article deals with a highly debated text, namely 2 Maccabees 12, specifically the problematic verses (38–45) which contain a theology that is distinctly non-Jewish in import. Indeed, most recent scholars concerned with this passage do not seem to be unanimous apropos the best interpretation of the events that are described, resulting in a range of different opinions concerning, inter alia, the afterlife, purgatory and/or doctrinal disputes between Pharisees and Sadducees. By means of an interpretivist or constructivist epistemology, the authors (...) advocate that normally, traditional Judaism emphasises personal, individual responsibility and accountability, whereas in this text God is portrayed as requiring material, financial payment for wrongdoing and not individual תשובה [teshuvah]. This is in contradistinction to, inter alia, Exodus 30:11–16 and theologically Jewish ‘transgression’ has clearly metamorphosed into Christian ‘sin’. In addition, Judas Maccabeus seems to have retained a half-shekel methodology (employed for Jewish men of military age – soldiers) whilst emphasising the ‘atonement for your lives’ from Exodus 30:11–16 in a more literalistic, materialistic, non-Jewish sense whilst de-emphasising the real need to maintain the Temple as well as the proper, traditional rules of תשובה. (shrink)

Given the strong mimetic and dramatic qualities found in Judith the authors make the suggestion that perhaps, before LXX Judith became a fixed, written text, the basic fabula might well have been part of an oral tradition. The authors accept that an appropriately written dramatic work, whether transmitted through reading or an oral presentation, by means of its performative qualities, has the potential to achieve immediacy. Here, the audience may become captivated with its own familiarity and memory of popular, communally (...) shared narratives. Accordingly, this article attempts to find evidence in the Greek text of LXX Judith for a possible oral precursor. In this context, corroboration is sought for the employment of verbal aspect and mood of the Greek language as well as instances of drama, theatrics, bodily gestures, mnemonic devices or special emphasis on the employment of the senses such as sight, taste and smell. The authors suggest that based on an analysis of the text of Chapter 13, there is much circumstantial evidence for the Judith fabula once being an oral narrative – one that embodies the dramatic and even encourages audience participation. This characteristic strongly suggests the removal of the fourth wall – the notion of an imaginary boundary between any fictional work and its audience. Contribution: This article shows that Judith 13 is indeed the climax of the narrative. However, it goes further. It is a vivid scene with various performative aspects. There are props, dialogue and audience participation. This research is cutting-edge and paves the way for new explorations. (shrink)

The Septuagint Book of Judith and its derivatives have had an enormous influence on the history of Western Europe and the Christian church. Judith has been employed in various situations to incite violence against a perceived opposition. In this regard, this article focuses on the climax of this book (Jdt 13:1–9) as performance text. In this context, many of the insights proffered by Perry in his seminal work Insights from Performance Criticism (2016) have been expanded upon from the perspective of (...) a Greek and/or Hellenistic environment.Contribution: The value of reading LXXJudith as performance is clearly demonstrated. The conclusion is reached that this pericope is indeed highly subversive. Suggestion is also made that, contrary to more conservative wisdom, with reference specifically to LXXJudith 13:1–9, the Judith fabula is not really reconciliatory in nature. Rather, it seems to provoke conflict between competing powers. (shrink)

Artificial intelligence (AI) will drastically change the healthcare system. Radiology is one speciality that is most affected as AI algorithms are increasingly used in diagnostic imaging. AI‐enhanced health technologies will, inter alia, increase workflow efficiency, improve diagnostic accuracy, reduce healthcare‐related costs, and help alleviate medical personnel shortages in under‐resourced settings. However, the development of AI‐enhanced technologies in healthcare is fraught with legal, ethical, and human rights concerns. Currently, the use of AI in South African healthcare is not governed by sui (...) generis legislation or ethical guidance focused exclusively and specifically on AI, although various provisions and principles from law and ethics find application. This article outlines these normative principles and explains their relationship with the extant legal obligations and regulatory framework as applied to the use of AI in radiology services in South Africa. The article concludes with three key recommendations for radiology practitioners using AI in South Africa. These are the need for: vigilant monitoring of AI use in practice, reforms to the liability framework, and appropriate guidance from local regulators and the Health Professions Council of South Africa on the ethical use of AI. (shrink)

This study critically examines the concept of benefit‐sharing in the context of health research involving human participants in South Africa, identifying a significant gap in the precision and application of terminology. It introduces a new terminological framework designed to provide clarity and facilitate standardisation in both national and international discourse on benefit‐sharing. The analysis extends to the complex legal landscape in South Africa, highlighting the nuances of mandated, permitted, and prohibited practices of benefit‐sharing across various statutes. This reveals substantial implications (...) for ethics committees, researchers, and participants, emphasising the need for a legal and ethical recalibration. Furthermore, the manuscript critiques South Africa's main ethics instruments for their inadequate guidance on benefit‐sharing and proposes recommendations for enhancing the Department of Health's ethics guidelines. By advocating for a coherent, legally informed approach to ethical decision‐making, the study underscores the need for integrating the proposed framework and legal insights into ethics guidelines. This comprehensive strategy aims not only to advance ethical practices within South Africa but also to contribute significantly to the global discourse on benefit‐sharing in health research. (shrink)

The events in the introduction to 2 Maccabees (2 Macc 3:1–39) undoubtedly centre round the Jerusalem Temple. It is depicted as world-renowned, holy and just. Many scholars have therefore highlighted the theme of the Temple in 2 Maccabees, introduced by 2 Maccabees 3. Yet, the reason for the Temple’s centrality is not traditionally seen as more than a mere link to the rest of the narrative. This article, however, asks the question: Why is the author incorporating the Temple in such (...) a specific manner? What is the impact on the implicit reader of this specific depiction of the Temple? In other words, how is the implicit reader’s experience throughout the rest of the narrative influenced by the events in this introduction? To answer these questions, the article identifies six scenes in 2 Maccabees 3 and applies a rhetorical analysis in order to establish the communicative strategy and its possible impact on the implicit reader. (shrink)

This chapter presents an essay by W. E. B. Du Bois on the strivings of the American Negro. He cites the double-consciousness of the Negro, the sense of always looking at one's self through the eyes of others, of measuring one's soul by the tape of a world that looks on in amused contempt and pity. One ever feels his two-ness—an American, a Negro two souls, two thoughts, two unreconciled strivings; two warring ideals in one dark body, whose dogged strength (...) alone keeps it from being torn asunder. He argues that the history of the American Negro is the history of this strife,—this longing to attain self—conscious manhood, to merge his double self into a better and truer self. (shrink)

Hegel often says that his "logic" is meant to replace metaphysics. Since Hegel's Science of Logic is so different from a standard logic, most commentators have not treated the portion of that work devoted to logical forms as relevant to this claim. This paper argues that Hegel's discussion of logical forms of judgment and syllogism is meant to be the foundation of his reformation of metaphysics. Implicit in Hegel's discussion of the logical forms is the view that the metaphysical concepts (...) discussed in Books I and II of the Science of Logic supervene on the role of subject and predicate terms in the logical forms discussed in Book III. Hegel thus has an explanation for the nature and significance of metaphysical concepts that resembles Kant's "metaphysical deduction," according to which the categories can be derived from the table of judgments. Though Hegel's metaphysics is often supposed to be influenced by Kant, prevailing interpretations do not show how Hegel's fine-grained treatment of logical forms is relevant to his critical view of metaphysics. The present interpretation provides a model for Hegel's explanation of metaphysical concepts, as well as a new picture of the structure of his Science of Logic that emphasizes the priority of its Doctrine of the Concept. (shrink)

The structuring of the narrative with characters assigned to fulfil particular roles is often indicative of an author’s possible intent. Thus, characterisation, in a story, is not neutral about its rhetorical intent; it generally reveals cultural values that the author or editor desires to either promote or reject, within a community. Judith seems to support this claim, in relation to the issue of Jewish leadership within the narrative. In more recent years, Judith has attracted the attention of many scholars and (...) accordingly, a number of intuitive contributions have already been made to this particular area of research. However, the story is still capable of yielding far more detail concerning, inter alia, the blunders made within the Jewish religious leadership at the time. In this regard, this article attempts to uncover the real concern about the nature of Jewish leadership as encapsulated in the narrative of Judith using a Greimassian semiotic approach. Following the results from the analysis, the article contends that in the context of the narrative, Judaism not only suffered adversity from external forces but also from within, because of the deficiency of its own leadership. For this reason, an alternative leadership personified by Judith, rooted in spiritual values, was desired. (shrink)

Background This paper examines the degree of agreement among simple dichotomous self-report, validated screening results, and biochemical screening results of prenatal alcohol and other drug use among pregnant women. Method Secondary analysis was conducted on a cohort of pregnant women 16 years or older, presenting for prenatal care in the greater Cape Town, South Africa. Dichotomous verbal screening is a standard of care, and pregnant patients reporting alcohol and other drug use in dichotomous verbal screenings were asked to engage in (...) screening using the Alcohol Smoking and Substance Involvement Screening Test (ASSIST) and urinalysis. Results Significant agreements between dichotomous and ASSIST scores were observed (K = 0.73–0.76). A higher rate of self-reported (36.9%) alcohol use was detected, relative to urine screening (19.6%) with a predictive value of 34.9; while underreporting of illicit substance use was observed (3.6% self-report vs. 8.8% urine screening) with an overall predictive value of 50.0. Conclusion Dichotomous verbal screening was considered valid after comparison with the ASSIST; however, combined use with urine screenings can be recommended especially for identifying illicit substance use in order to accurately detect alcohol and other drug use in pregnancy, so that women can be identified and referred for appropriate interventions where needed. (shrink)

Can poem and picture collaborate successfully in a composite art of text and design? Or does one art inevitably dominate the other? W.J.T. Mitchell maintains that Blake's illuminated poems are an exception to Suzanne Langer's claim that "there are no happy marriages in art—only successful rape." Drawing on over one hundred reproductions of Blake's pictures, this book shows that neither the graphic nor the poetic aspect of his composite art consistently predominates: their relationship is more like an energetic rivalry, a (...) dialogue between vigorously independent modes of expression. W.J.T. Mitchell is Professor of English and Art and Design at the University of Chicago and editor of Critical Inquiry. Originally published in 1978. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

The question naturally arises: Is public art inherently violent, or is it a provocation to violence? Is violence built into the monument in its very conception? Or is violence simply an accident that befalls some monuments, a matter of the fortunes of history? The historical record suggests that if violence is simply an accident that happens to public art, it is one that is always waiting to happen. The principal media and materials of public art are stone and metal sculpture (...) not so much by choice as by necessity. “A public sculpture,” says Lawrence Alloway, “should be invulnerable or inaccessible. It should have the material strength to resist attack or be easily cleanable, but it also needs a formal structure that is not wrecked by alterations.”12 The violence that surrounds public art is more, however, than simply the ever-present possibility of an accident—the natural disaster or random act of vandalism. Much of the world’s public art—memorials, monuments, triumphal arches, obelisks, columns, and statues—has a rather direct reference to violence in the form of war or conquest. From Ozymandias to Caesar to Napoleon to Hitler, public art has served as a kind of monumentalizing of violence, and never more powerfully than when it presents the conqueror as a man of peace, imposing a Napoleonic code or a pax Romana on the world. Public sculpture that is too frank or explicit about this monumentalizing of violence, whether the Assyrian palace reliefs of the ninth century b.c., or Morris’s bomb sculpture proposal of 1981, is likely to offend the sensibilities of a public committed to the repression of its own complicity in violence.13 The very notion of public art as we receive it is inseparable from what Jürgen Habermas has called “the liberal model of the public sphere,” a dimension distinct from the economic, the private, and the political. This ideal realm provides the space in which disinterested citizens may contemplate a transparent emblem of their own inclusiveness and solidarity, and deliberate on the general good, free of coercion, violence, or private interests.14 12. Lawrence Alloway, “The Public Sculpture Problem,” Studio International 184 : 124.13. See Leo Bersani and Ulysse Dutoit, “The Forms of Violence,” October, no. 8 : 17-29, for an important critique of the “narrativization” of violence in Western art and an examination of the alternative suggested by the Assyrian palace reliefs.14. Habermas first introduced this concept in The Structural Transformation of the Public Sphere: An Inquiry into a Category of Bourgeois Society, trans. Thomas Burger and Frederick Lawrence . First published in 1962, it has since become the focus of an extensive literature. See also Habermas’s short encyclopedia article, “The Public Sphere,” trans. Sara Lennox and Frank Lennox, New German Critique 1 : 49-55, and the introduction to it by Peter Hohendahl in the same issue, pp. 45-48. I owe much to the guidance of Miriam Hansen and Lauren Berlant on this complex and crucial topic. W. J. T. Mitchell, editor of Critical Inquiry, is Gaylord Donnelly Distinguished Service Professor of English and art at the University of Chicago. His recent book is Iconology: Image, Text, Ideology. (shrink)

Hardcover reprint of the original 1899 edition - beautifully bound in brown cloth covers featuring titles stamped in gold, 8vo - 6x9. No adjustments have been made to the original text, giving readers the full antiquarian experience. For quality purposes, all text and images are printed as black and white. This item is printed on demand. Book Information: Windelband, W. (Wilhelm). History Of Ancient Philosophy. Indiana: Repressed Publishing LLC, 2012. Original Publishing: Windelband, W. (Wilhelm). History Of Ancient Philosophy,. New York, (...) C. Scribner, 1899. Subject: Philosophy, Ancient. (shrink)

Can someone be a good person yet act in a professional role that may involve deception, procedural trickery, withholding information, and working on behalf of terrible people and institutions? This question is at the heart of legal ethics. Using cases from around the common-law world, W. Bradley Wendel looks at issues including confidentiality, the moral responsibility of lawyers, and truth and deception in advocacy. He then examines the classic questions of philosophy of law, including the nature of law, positivism, natural (...) law, the relationship between law and morality, unjust legal systems, and the obligation to obey the law. Finally, he considers the ethical issues surrounding the role of lawyers, including criminal defense and prosecution, civil litigation, counseling clients on the law, and representing corporations. Combining the theoretical, philosophical, and practical, his book will be of vital interest to students of law, the philosophy of law, ethics, and political philosophy. (shrink)

Recent developments in quantum physics postulate the existence of some form of multiverse, often considered inimical to theism. We argue that a cosmology of many worlds is not novel either to philosophy or to theism. The multiverse is not a monolithic concept and we refer to and use the four levels of categorization proposed by Max Tegmark. We trace the idea of a multiverse back to the Milesians and Epicureans in order to initially demonstrate its use of a plenitude argument. (...) We then examine the argument for possible compatibility based on a theistic principle of plenitude in three specifically Christian theists: Origen, Thomas Aquinas, and G. W. Leibniz. We conclude that this argument is sustainable so that if any level of the multiverse actually exists then it is harmonious with theism, and we argue that its fit is most successful if a multiverse is considered as a single possible world. We call this view Thomistic modal realism. (shrink)

A non-epistemological history of historical epistemology Content Type Journal Article DOI 10.1007/s11016-010-9501-5 Authors W. R. Albury, School of Humanities, University of New England, Armidale, NSW 2351, Australia Journal Metascience Online ISSN 1467-9981 Print ISSN 0815-0796.

In Theological Ethics theologian, pastor, and ethicist W. Ross Hastings gives pastors, ministry leaders, and students a guide designed to equip them to think deeply and theologically about the moral formation of persons in our communities, about ethical inquiry and action, and about the tone and content of our engagement in the public square. The book presents a biblical perspective and a gospel-centered framework for thinking about complex contemporary issues in ways are life-giving and that will lead readers into greater (...) flourishing as human persons in community. (shrink)

The central theme of the prologue is the notion of responsibility, as well it might be, given the subject, Accordingly, those first seven pages swamp the reader with the word “responsibility” to the point where they could be described as “variations on the theme.” Inundation, alas, is not elucidation, and all closer references to the notion remain impenetrability elliptic: Derrida possesses the unique art of combining extreme ellipsis with extreme verbosity. In fact these “variation” are more musical than analytic: “responsibility” (...) comes close to being a Wagnerian leitmotiv. Like a characteristic melody, the word winds through the text in a constant sequence of appearances and temporary disappearances, ever expected, always ready to reemerge. Although there is no clear-cut line of argument, there does seem to be a general direction of development. The question of de Man’s responsibility, which we might have thought to be crucial, is touched on only briefly and vaguely; we read much more about responsibility to de Man. Ours and Derrida’s: “responsibility” is associated with “responding,” which is increasingly read as Derrida’s obligation to respond for de Man. From the outset, this emphasis evokes the danger of an apologia rather than the conscientious quest for truth that is demanded in the same breath. There are further suggestions of this nature when Derrida later briefly returns to this subject and this style. “Responding for the other” is here connected with transference, allegory , and prosopopeia—that is, connected with two rhetorical categories and psychoanalytic one. To write about responsibility with so little reference to ethical categories is something of a tour de force. W. Wolfgang Holdheim, professor of comparative literature and romance studies and Frederic J. Whiton Professor of Liberal Studies at Cornell University, has published numerous articles on literature and literary theory as well as a number of books, including The Hermeneutic Mode. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:W. T. Jones SOMNIO ERGO SUM: DESCARTES'S THREE DREAMS What is remarkable about Descartes's dreams is not that he dreamed (for even philosophers presumably dream), but that he wrote down a description of his dreams and of his interpretation of them and then kept this record for more than thirty years, until his death.* What is remarkable, in a word, is that this thinker, who prided himself on his (...) rationalism and who has come to represent, at least to philosophers, the very spirit of rationalism, should have taken his dreams so seriously. Philosophers—perhaps because the dreams conflict with their view of Descartes, perhaps because they conflict with their view of themselves and their discipline—have tended to play down the dreams or to ignore them altogether. Thus, though Bernard Williams, the author of a recent volume on Descartes, refers to the dreams as "a significant event," he proceeds in a footnote to undercut the adjective by quoting Christiaan Huygens, apparently with approval, to the effect that the dreams show "a great weakness [in Descartes], and I think that it will seem much the same to Catholics who have freed themselves from bigotry." If we try to free ourselves from what seems to be a standing philosophical prejudice against dreams and dreaming, what can Descartes's dreams tell us about his theories? That is the topic of this article. But first a caveat concerning my position on the interpretation of dreams generally. The interpreter of a dream, like the interpreter of other cultural products, has to try to steer a course between the Scylla of overinterpretation (reading into the dream something that is not expressed in it) and the Charybdis of underinterpretation (missing something that is actually expressed in the dream). My own bias leads me to fear overinterpretation more than underinterpretation; I had?Descartes's original Latin record of the dreams no longer survives. A new English translation by my colleague, John F. Benton, of a late seventeenth-century paraphrase of a portion of Descartes's text appears as an appendix to this article. 145 146Philosophy and Literature rather go aground on Charybdis than be shipwrecked on the Scylla of the Freudians and the Jungians.2 I am skeptical of interpretations of Descartes's dreams that are not supported by nondream materials—on the assumption that any dynamic element expressed in the dreams that is not also expressed in nondream materials is unlikely to be of much importance for understanding Descartes's thought. Therefore, instead of beginning with the dreams and then looking here and there in nondream materials for supporting evidence, I shall begin with nondream materials and only later turn to the dreams. In a word, I shall try to read back both from nondream material and from dream material to dynamic elements which may be present in, and shaping, both. My hope is that the uncovering of these elements will result in a better understanding of nondream and dream material alike. I Accordingly, I shall begin with a brief account of some of the themes of two of Descartes's best known philosophical writings, The Discourse on Method (1637) and the Meditations on First Philosophy (1641). The Discourse is particularly relevant to our inquiry because it "covers" the period in which the dreams occur, but in a very different medium from that of the Olympica and at a later date. The Discourse was in fact a discreet, as it were sanitized, version of the whole long voyage of discovery in which the dreams were but one, if nonetheless a critical, episode. Descartes tells us he had been educated "at one of the most celebrated schools in Europe" and had not beenjudged by his instructors "inferior" to his fellow students. Yet, on completing his course of study, he found himself "embarrassed with so many doubts and errors" that the only result of his efforts to instruct himself had been the "increasing discovery" of his own ignorance. Having gone through all the sciences of his time—languages, literature, rhetoric, theology, philosophy—without learning anything of consequence, he had then turned to travel, to seeing courts and armies, hoping thereby to discover the answers he sought "in... (shrink)

For about a hundred years there has been an intermittent but sometimes vigorous debate1 on the question whether Quintus Smyrnaeus and Tryphiodorus directly used the Second Aeneid as a source for their epic descriptions “of the capture and destruction of Troy. Heyne thought that they did not; but towards the end of the nineteenth century it appeared more likely that they did. Heinze opposed the general belief: but it was reaffirmed for Quintus by Paschal and Becker4 and for Tryphiodorus by (...) Dr. E. Cesareo on internal evidence. Meanwhile Professor Samuel E. Bassett had concluded that Quintus was not after all dependent on Vergil: and still more recently Dr. J. W. Mackail, reviewing Cesareo's monograph, has maintained with emphasis that the Aeneid is certainly not the source of the late epic. Accordingly the controversy cannot even now be considered closed. (shrink)

Mitchell: Could we begin by discussing the problem of public art? When we spoke a few weeks ago, you expressed some uneasiness with the notion of public art, and I wonder if you could expand on that a bit.Kruger: Well, you yourself lodged it as the “problem” of public art and I don’t really find it problematic inasmuch as I really don’t give it very much thought. I think on a broader level I could say that my “problem” is with (...) categorization and naming: how does one constitute art and how does one constitute a public? Sometimes I think that if architecture is a slab of meat, then so-called public art is a piece of garnish laying next to it. It has a kind of decorative function. Now I’m not saying that it always has to be that way—at all—and I think perhaps that many of my colleagues are working to change that now. But all too often, it seems the case.Mitchell: Do you think of your own art, insofar as it’s engaged with the commercial public sphere—that is, with advertising, publicity, mass media, and other technologies for influencing a consumer public—that it is automatically a form of public art? Or does it stand in opposition to public art?Kruger: I have a question for you: what is a public sphere which is an uncommercial public sphere? Barbara Kruger is an artist who works with words and pictures. W. J. T. Mitchell, editor of Critical Inquiry, is Gaylord Donnelly Distinguished Professor of English and art at the University of Chicago. (shrink)

I might as well say at the outset that, although I can return Christensen’s compliment, and call his response “thoughtful,” I am most interested in those places where the fullness of his thought, and particularly of his own language, has paralyzed his thought in compulsively repetitious patterns, and led him into interpretive maneuvers that he would surely be skeptical about in the reading of a literary text. Even more interesting is the way Christensen’s antipathy to the film, and the violence (...) of the language in which eh expresses the antipathy, has prevented him from registering the plainest sensory and perceptual elements of the film text. In a rather straightforward and literal sense, Christensen has neither seen nor heard Do the Right Thing, but has screened a fantasy film of his own projection. To say Christensen has projected a fantasy, however, is not to say that his response is eccentric or merely private. On the contrary, it is a shared and shareable response, a reflex in the public imaginary of American culture at the present time. As such, it deserves patient and detailed examination. W. J. T. Mithcell, editor of Critical Inquiry, is Gaylord Donnelly Distinguished Service Professor of English and art at the University of Chicago. His most recent book is Iconology: Image, Text, Ideology. (shrink)

This may be an especially favorable moment in intellectual history to come to some understanding of notions like “abstraction” and “the abstract,” if only because these terms seem so clearly obsolete, even antiquated, at the present time. The obsolescence of abstraction is exemplified most vividly by its centrality in a period of cultural history that is widely perceived as being just behind us, the period of modernism, ranging roughly from the beginning of the twentieth century to the aftermath of the (...) Second World War.1art is now a familiar feature of our cultural landscape; it has become a monument to an era that is passing from living memory into history. The experiments of cubism and abstract expressionism are no longer “experimental” or shocking: abstraction has not been associated with the artistic avant-garde for at least a quarter of a century, and its central masterpieces are now firmly entrenched in the tradition of Western painting and safely canonized in our greatest museums. That does not mean that there will be no more abstract paintings, or that the tradition is dead; on the contrary, the obsolescence we are contemplating is in a very precise sense the precondition for abstraction’s survival as a tradition that resists any possible assault from an avant-garde. Indeed, the abstract probably has more institutional and cultural power as a rearguard tradition than it ever did as an avant-garde overturning of tradition. For that very reason its self-representations need to be questioned more closely than ever, especially its account of its own nature and history. This seems important, not just to set the record straight about what abstract art was, but to enable critical and artistic experimentation in the present, and a more nuanced account of both pre-and postmodern at, both of which are in danger of being swallowed up by the formulas of abstract formalism. If art and criticism are to continue to play an oppositional and interventionist role in our time, passive acceptance and reproduction of a powerful cultural tradition like abstract art will simply not do. 1. I define modernism and “the age of abstraction” here in familiar art historical terms, as a period extending from Kandinsky and Malevich to Jasper Johns and Morris Louis. There are other views of this matter which would trace modernism back to the emergence of an avant-garde in the 1840s , or to romanticism , or to the eighteenth century . My claim would be that “the abstract” as such only becomes a definitive slogan for modernism with the emergence of abstract painting around 1900. W. J. T. Mitchell, editor of Critical Inquiry, is professor of English and a member of the Committee on Art and Design at the University of Chicago. His most recent book is Iconology: Image, Text, Ideology. (shrink)