This review essay seeks to direct attention to intellectual history as a new and flourishing subfield in the historiography of post-1945 Germany. The essay probes and critically interrogates some of the basic arguments of Dirk Moses' prize-winning monograph German Intellectuals and the Nazi Past. It does so by engaging with a series of German-language monographs on key intellectuals of the postwar period or groups of intellectuals that have appeared during the last few years. The essay also includes two books that (...) focus on intellectual transfers from and to the United States and hence transcend the purely national framework. The essay highlights some broader themes such as West German intellectuals' confrontation with the Nazi past and with the memory of Germany's failed experiment with democracy during the interwar Weimar Republic. It also discusses the significance of the West German student movement in the 1960s for West German intellectual history. The essay concludes with some broader reflections on writing intellectual history of the postwar period, and it points to some avenues for further research. It underlines the significance of intellectual debates—and hence of intellectual history—for charting and explaining the process of postwar democratization and liberalization in the Federal Republic of Germany. (shrink)

"The Federalist" is commonly read as an exemplar of political realism. However, alongside Publius' arguments against the enthusiastic imagination --its tendency to inflame the passions, betray the intellect, and subvert political authority--are formative appeals to the imagination 's role in reconstituting the public authority shaken during the postrevolutionary years. This essay explores three central aspects of Publius' restorative appeal to the imagination : the appeal to the public veneration required for sustaining political authority across time; the strategies for shifting citizen (...) loyalty from the state and local level to that of a newly energized federal government; and the rhetorical elicitation of the public's imagination in aestheticized portrayals of Providential nationality. These aspects of Publius' argument make up the core of "The Federalist's aesthetics of rule. In each instance, Publius invokes the imagination as a heteronomic support to navigate familiar dilemmas of democratic self-authorization. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:“Unauthorized Propositions”The Federalist Papers and Constituent PowerJason Frank (bio)The PEOPLE, who are the sovereigns of the State, possess a power to alter it when and in what way they please. To say otherwise is to make the thing created, greater than the power that created it.—Anonymous, Federal Gazette, March 18, 1789The we of the Constitution’s “We the People” was as much of an artificial construct as the Constitution (...) itself, it was its creature, not its creator.—Sheldon Wolin, The Presence of the PastIn Federalist No. 40, James Madison engaged the vexing question of whether the Philadelphia Convention of 1787 had been properly authorized “to frame and propose” the new Federal Constitution of the United States [83]. Madison explored there “the ground on which the Convention stood” [264], which he identified as the purportedly solid foundation of the people themselves [Morgan 272]. Federalist No. 40 offers a theoretically probing yet avowedly practical reflection on the availability of foundations and on dilemmas of popular authorization in times of constitutional crisis; it may be productively read as an exemplary eighteenth-century American reflection on a state of exception. As such, Federalist No. 40 provides helpful orientation to how the popular constitutionalism of the revolutionary and postrevolutionary years confronted and navigated—if never fully resolved—some of the most insistent paradoxes of modern democratic theory.In No. 40, Madison was preoccupied with the theoretical and historical dilemmas surrounding the eighteenth-century American conception of the people’s constituent power—that is, the ultimate power of the people to alter fundamental law “when and in what way they please.”1 However, in contrast to most contemporary theoretical approaches to constituent power—whether influenced by the political theology of Carl Schmitt or the immanentist optimism of Michael Hardt and Antonio Negri—Madison’s navigation of the attending dilemmas of popular authorization resisted the turn to metaphysical abstraction and the appeal to a transcendent or immanent absolute. In his approach to the problem of constituent power, Madison insisted on the productive irreducibility of institutional mediation and the performative elicitation of a retrospective authorization by the people. While accepting the absence of a firm ground of legal authorization (the unbroken authority of law), Madison also rejected a wholly extralegal or unmediated appeal to the people themselves (the transcendental appeal to spirit beyond the letter of the law). Instead, he endorsed a political navigation of these dilemmas in medias res. Confronting [End Page 103] the dilemma of constituency—how does the people give birth to itself as a self-authorizing subject?—Madison shifted the register of discourse away from the formal and juridical and toward the informally ethicopolitical. Doing so, he was able to affirm a rupture in law while simultaneously enlisting another register of normative continuity. This essay outlines Madison’s productive encounter with these dilemmas in The Federalist, and suggests the relevance of his example for recent debates in democratic theory, too often captivated by the formal rubrics of “norm” and “exception.”1The government which [the Federalists] are so enthusiastically fond of is as yet an ideal phantom, a chimera, a mere theory detested and execrated by every true friend to government.—“One of the People,” Carlisle Gazette, January 9, 1788Madison wrote Federalist No. 40 as a response to widespread and persuasive Anti-Federalist claims that the Philadelphia Convention had exceeded the mandate granted to it by the Annapolis Convention of 1786 and the Congressional Act of 1787, both of which authorized the meeting of the Philadelphia Convention “for the sole and express purpose of revising the Articles of Confederation” [259]. While the Philadelphia Convention was, in Bruce Ackerman’s words, “expressly subordinated to existing institutions and procedures” [Ackerman 43], it had nonetheless produced an entirely new constitutional text and—theoretically more problematic for Madison—an entirely new procedure for its popular ratification [see also Ackerman and Katyal]. Under Article 13 of the Articles of Confederation, constitutional reform could come about only through the unanimous assent of the thirteen state legislatures.2 Under the Philadelphia Convention’s plan, the ratification of the proposed constitution would bypass the constituted power of the state legislatures and appeal instead to the... (shrink)

versity is full of all manner of public activity: students talking, reading, dozing, playing cards; tables representing a wide variety of ethnic communities and clubs advertising their functions, soliciting membership, and serving as gathering places; and—~most directly related to the topic of this essay—students advocating mainly radical political causes, passing out material exposing and denouncing putative (and more often than not correctly imputed) wrongdoings by authorities ranging from the university administration to the federal government and beyond. It is true that (...) both university officials and students making use of this space count on its campus setting to informally discourage use of it by other than students, but the space admits of an indefinite variety of uses, and at least no members of the.. (shrink)

Like many governments in this COVID-19 pandemic, the Nigerian government imposed a lockdown on the country. As a consequence of the lockdown, many businesses shutdown and effectively had no source of revenue. Yet, without receiving any bailout or palliatives from the government, these businesses are required to meet their tax obligations to the government. Bearing in mind that this time (COVID-19 era) is different, one wonders what is required of businesses in view of the taxation problem and the social contract (...) between the businesspersons and the government. In view of social contract obligations, in this COVID-19 pandemic should businesses pay tax to a government that seems to have delegitimised itself by its exploitative actions in terms of taxation and delinquent omission in terms of the provision of public goods and social services? The Nigerian government at all tiers (federal, state and local) seldom respect the essence of taxation. Therefore, businesses often pay tax for nothing. For many businesses, as far as taxation is concerned, to pay or not to pay? that is the question. This article is aimed at teasing out this taxation problem that may or may not be a moral dilemma. In view of certain ethical considerations, this article shows why in spite of social contract obligations, there is no consensus or canonical agreement on whether, as law-abiding citizens and juridical persons (legal entities), businesspersons and businesses ought to or ought not to pay tax to the Nigerian government in this COVID-19 pandemic. (shrink)

The political agreements concluded in the summer of 1981 between the main majority and opposition parties constitute a turning point in the development of Spanish regionalism. Whereas previously autonomy statutes were awarded to historic regions with strong social and cultural identities, we have now a situation where a considerable degree of self-government is also made possible for all other regions. This decision shifted the focus more to socio-economic development, thereby stimulating expectations of improvement based on regional political efforts as well (...) as on national solidarity and state assistance. The recently adopted statute of Andalucia illustrates excellently this new orientation. In this contribution an analysis is made of the institutional instruments available for regional self-government. The conclusions are quite positive with regard to the devolution of powers provided in the constitution and the different statutes. Nevertheless Spain is not evolving into a federal state system. As a more appropriate description we prefer Perez Moreno's characterisation of the existing intergovernmental relations as «autonomias integradas». (shrink)

The Belgian constitutional system is based upon the classic principle of the trias politica, which means that there is a separation of powers, but also a balanced cooperation between them. This article focuses on the Belgian federal Parliament, which bas been, together with the reform of the state from a unitary to a federal state, radically reformed.The Belgian Parliament nowadays is much better equipped to fulfil the function of checks and balances than thirty years ago. The number of staff and (...) the material equipment has increased considerably. At the same time, the emphasis in parliamentary activity bas shifted from the plenary session to the committees. The control upon the budget was long time a nearly empty box. Since the reform of 1989, it has become a much stronger instrument to hold the government to account. The annual debate on the budget is rather a genera/political evaluation of the government policy and is always ended by a vote of confidence.As for the law-making function, the share of the government in adopted laws is much higher than that of Parliament. Parliament bas still the power to amend government bills, but this power is limited because there is often already an agreement between the government and the parliamentary party of the coalition-parties. Nevertheless, several important amendments have been adopted in the last legislature.The control function bas evolved in different directions. Due to an enormous increase in the number of interpellations, they have lost a great part of their importance. They constitute no langer a real threaten to the survival of the government. On the other hand, there are more oral and written questions than before and the use of parliamentary inquiry committees has augmented considerably. Despite their inherent shortages, these committees play, an important role in preparing and correcting policy.The new challenges for Parliament in the future are serving as forum of the nation and the evaluation of laws. The core business of the trias politica, namely budgetary, law-making and controlling duties, also remain to befulfilled by Parliament. (shrink)

The federalisation of the Belgian state requires a rethinking of the legislature, especially of the Senate. A 'Second Chamber' seems a necessary prerequisite for a federal system. It usually serves as a forum of representation of the different components of the federation, deliberation and national cohesion. In the future the Senate could also become closer involved into European politics.As far as the specific redrawing of the powers of the new Senate concerns, opinions differ considerably. Firstly, nearly all parties agree the (...) Senate should have the same powers as the House of Representatives to revise the Constitution and laws on the political institutions. Secondly, there is far less unanimity on the question whether the control powers of the Senate should be as extensive as the House of Representatives. In the current state reform the Senate retains its right of investigation. Thirdly, the role that the Senate and the House of Representativesin the 'ordinary' legislative work can play has to be well defined. There are many ways to redistribute the legislative power. Whatever the principle will be, it is essential to work out a reasonable arbitration procedure between the two chambers. Fourthly, the Senate should retain its power to propose candidatures for the high courts and to act together with the House of Representatives in matters of the monarchy. Fifthly, the Senate should grow into the principal body of mediation for conflicts between the different components of the federal state. The last point of discussion in the reform of the Senate is its future composition. Guiding principles should be : a certain allegiance between the councils of regions and communities and the national Senate, an expression of political experience, no increase of the total number of representatives and a fair representation of the minorities. (shrink)

Despite some improvements in access to evidence-based medications for opioid use disorder, treatment rates remain low at under a quarter of those with need. High costs for brand name products in these medication markets have limited the volume of drugs purchased, particularly through public health insurance and grant programs. Brand firm anti-competitive practices around the leading buprenorphine product Suboxone — including product hops, citizen petitions and Risk Evaluation and Mitigation Strategy abuses — helped to maintain high prices by extending brand (...) exclusivity periods and hindering generic drug entry. Remedies to address costly anti-competitive activities include adoption of the proposed CREATES Act and modernization of the Hatch-Waxman Act by the Congress, and implementation of substantive modifications to the Food and Drug Administration citizen petition filing procedures. Given the persistence of these abuses, prescriptive changes are favorable to the procedural and clarifying steps thus far favored by the federal government. Extrapolating from the 37% price declines attributable to generic entry for buprenorphine tablets in 2011, our calculations suggest that implementing these remedies to facilitate generic competition with Suboxone film would have resulted in savings of approximately $703 million overall and $203 million to Medicaid in 2017. (shrink)

Low-Beer, a lawyer, Canadian federal politician, and poet, examines judgment as exercise, identifying the critical elements of the exercise of judgment and relating them to cognitive functions. He argues against relegating judgement to the realm of the subjective, and looks at the extent to which it can be learned and its reciprocal relationship to character. He concludes that the exercise of judgment is a defining characteristic of professionalism in the courts, the professions, politics, and commerce. For scholars and lay readers. (...) Annotation copyright by Book News, Inc., Portland, OR. (shrink)

This book reviews the spectrum of economic methods that have been developed from themid-1970s to the mid-1980s to analyze the feasibility of solar systems and shows how the use ofthese techniques has influenced federally sponsored research, development, and demonstrationprograms.

Where society is viewed as an association of equal and autonomous persons, the work of caring for dependents, "love's labors", figure neither in political ...

To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.

According to the most important theories of justice, personal dignity is closely related to independence, and the care that people with disabilities receive is seen as a way for them to achieve the greatest possible autonomy. However, human beings are naturally subject to periods of dependency, and people without disabilities are only “temporarily abled.” Instead of seeing assistance as a limitation, we consider it to be a resource at the basis of a vision of society that is able to account (...) for inevitable dependency relationships between “unequals” ensuring a fulfilling life both for the carer and the cared for.**. (shrink)

Having encountered landmines in offering a critique of philosophy based on my experience as the mother of a cognitively disabled daughter, I ask, “Should I continue?” I defend the idea that pursuing this project is of a piece with the invisible care labor that is done by people with disabilities and their families. The value of attempting to influence philosophical conceptions of cognitive disability by virtue of this experience is justified by an inextricable relationship between the personal, the political, and (...) the philosophical. If one grants that the “special relationship” between mother and child requires moral recognition, then I need first to make vivid the case that this relationship in the case of a child who lacks some “normal capacities” is indistinguishable from any mother‐child relationship. If this is so, then I believe I can make a case that has as its conclusion that the moral personhood of even the severely cognitively disabled must be granted. Moreover, such recognition, I argue, necessitates the recognition of others who bear no special relationships to the child. (shrink)

The essays of this volume consider how acknowledgement of the fact of dependency changes our conceptions of law, political theory, and morality, as well as our very conceptions of self.

I explore what and when hypocrisy is a moral wrong by interrogating the case of hypocrisy of Julien in Stendhal's The Red and The Black. I conclude hypocrisy is most morally vexed in those sphere where sincerity is required.

Taking into account pragmatic considerations and recent linguistic and psychological studies, the author forges a new understanding of the relation between metaphoric and literal meaning. The argument is illustrated with analysis of metaphors from literature, philosophy, science, and everyday language.

Through a series of essays contributed by clinicians, medical historians, and prominent moral philosophers, Cognitive Disability and Its Challenge to Moral ...

Among the various human forms alluded to in the Hebrew prayer, mental retardation appears to be one of the most difficult to celebrate. It is the disability that other disabled persons do not want attributed to them. It is the disability for which prospective parents are most likely to use selective abortion (Wertz 2000). And it is the disability that prompted one of the most illustrious United States Supreme Court Justices to endorse forced sterilization, because "three generations of imbeciles are (...) enough." The mentally retarded have at times been objects of pity, compassion, or abuse by their caretakers and society at large. But they have rarely been seen as subjects, as citizens, as persons with equal entitlement to fulfillment. (shrink)

Contemporary industrialized societies have been confronted with the fact and consequences of women's increased participation in paid employment. Whether this increase has resulted from women's desire for equality or from changing economic circumstances, women and men have been faced with a crisis in the organization of work that concerns dependents, that is, those unable to care for themselves. This is labor that has been largely unpaid, often unrecognized, and yet is indispensable to human society.

Arlie Hochschild glosses the practice of women migrants in poor nations who leave their families behind for extended periods of time to do carework in other wealthier countries as a “global heart transplant” from poor to wealthy nations. Thus she signals the idea of an injustice between nations and a moral harm for the individuals in the practice. Yet the nature of the harm needs a clear articulation. When we posit a sufficiently nuanced “right to care,” we locate the harm (...) to central relationships of the migrant women. The “right to (give and receive) care” we develop uses a concept of a relational self drawn from an ethics of care. The harm is situated in the broken relationships, which in turn have a serious impact on a person’s sense of equal dignity and self-respect, particularly since the sacrifice of central relationships of the migrant woman allows others (mostly women) to maintain these same relationships. The paper ends with a brief discussion of some of the solutions we need to consider. (shrink)

Following extensive examination of published and unpublished materials, we provide a history of the use of dexamethasone in pregnant women at risk of carrying a female fetus affected by congenital adrenal hyperplasia (CAH). This intervention has been aimed at preventing development of ambiguous genitalia, the urogenital sinus, tomboyism, and lesbianism. We map out ethical problems in this history, including: misleading promotion to physicians and CAH-affected families; de facto experimentation without the necessary protections of approved research; troubling parallels to the history (...) of prenatal use of diethylstilbestrol (DES); and the use of medicine and public monies to attempt prevention of benign behavioral sex variations. Critical attention is directed at recent investigations by the U.S. Food and Drug Administration (FDA) and Office of Human Research Protections (OHRP); we argue that the weak and unsupported conclusions of these investigations indicate major gaps in the systems meant to protect subjects of high-risk medical research. (shrink)

I explore the ethics of altering the body of a child with severe cognitive disabilities in such a way that keeps the child “forever small.” The parents of Ashley, a girl of six with severe cognitive and developmental disabilities, in collaboration with her physicians and the Hospital Ethics Committee, chose to administer growth hormones that would inhibit her growth. They also decided to remove her uterus and breast buds, assuring that she would not go through the discomfort of menstruation and (...) would not grow breasts. In this way she would stay “forever small” and be able to be carried and handled by family members. They claimed that doing this would ensure that she would be able to be part of the family and of family activities and to have familial care. But the procedure has raised thorny ethical questions. I wish to explore these questions philosophically by bringing to bear my own experiences as a mother of a grown daughter with severe cognitive impairments. (shrink)

This excellent article (Nelson et al. 2023) clarifies the difficulties of incorporating diverse voices and those who speak of their own experience, into bioethics, a field that aspires to be object...

I argue that the claim that merely being born of two human beings in a condition that supports life is sufficient for full moral status. Not only ought we not to exclude any human being from full moral status because they lack the possession of what some have deemed to be morally relevant properties, we don’t have a full grasp of what is morally relevant unless we include the many different possible lives humans live in their diverse bodies and minds. (...) Our understanding of how we ought to treat nonhuman beings is not of lesser importance, but it necessarily depends on how we understand what is morally significant in human lives. (shrink)

Journal of Social Philosophy, Volume 52, Issue 3, Page 292-309, Fall 2021.

In daily life, perceivers often need to predict and interpret the behavior of group agents, such as corporations and governments. Although research has investigated how perceivers reason about individual members of particular groups, less is known about how perceivers reason about group agents themselves. The present studies investigate how perceivers understand group agents by investigating the extent to which understanding the ‘mind’ of the group as a whole shares important properties and processes with understanding the minds of individuals. Experiment 1 (...) demonstrates that perceivers are sometimes willing to attribute a mental state to a group as a whole even when they are not willing to attribute that mental state to any of the individual members of the group, suggesting that perceivers can reason about the beliefs and desires of group agents over and above those of their individual members. Experiment 2 demonstrates that the degree of activation in brain regions associated with attributing mental states to individuals—i.e., brain regions associated with mentalizing or theory-of-mind, including the medial prefrontal cortex (MPFC), temporo-parietal junction (TPJ), and precuneus—does not distinguish individual from group targets, either when reading statements about those targets' mental states (directed) or when attributing mental states implicitly in order to predict their behavior (spontaneous). Together, these results help to illuminate the processes that support understanding group agents themselves. (shrink)

Companies disclosing negative aspects in sustainability reports often employ legitimation strategies to present mishaps in a favorable light. In incentivized experiments, we find that nonprofessional investors divest from companies with a negative sustainability-related incident, and that symbolic legitimation (which only evasively explains a negative incident) is not a strong enough signal to counter this divestment behavior. Even substantial legitimation (which reports on measures and behavioral change) mitigates the divestment decisions only if the company reports on concrete remediation actions in morally (...) charged situations, such as social or environmental incidents. We elaborate these results in light of signaling and screening theory, and suggest the conceptual extension of “costly signals” to what we call “valuable signals.” We argue that valuable signals need be not only costly for the sender from an economic perspective but also perceived as appropriate by the receiver from a noneconomic perspective. (shrink)

Recently, there has been a surge of interest in the lexicon. The demand for a fuller and more adequate understanding of lexical meaning required by developments in computational linguistics, artificial intelligence, and cognitive science has stimulated a refocused interest in linguistics, psychology, and philosophy. Different disciplines have studied lexical structure from their own vantage points, and because scholars have only intermittently communicated across disciplines, there has been little recognition that there is a common subject matter. The conference on which this (...) volume is based brought together interested thinkers across the disciplines of linguistics, philosophy, psychology, and computer science to exchange ideas, discuss a range of questions and approaches to the topic, consider alternative research strategies and methodologies, and formulate interdisciplinary hypotheses concerning lexical organization. The essay subjects discussed include: * alternative and complementary conceptions of the structure of the lexicon, * the nature of semantic relations and of polysemy, * the relation between meanings, concepts, and lexical organization, * critiques of truth-semantics and referential theories of meaning, * computational accounts of lexical information and structure, and * the advantages of thinking of the lexicon as ordered. (shrink)

In this essay, I recount and examine my response to a genetic diagnosis of my disabled daughter. My daughter was forty‐nine before the diagnosis came. All her disabilities were traceable to a de novo single gene variant on the PURA gene that was discovered only in 2014. I speak of the jolt and the recalibration that this discovery engendered, concluding that, while it seemed that everything had changed, nothing had changed. But my family did discover a community in which Sesha (...) joins other PURA‐perfect sons and daughters and where we as a family acquire a “horizontal identity” marked by a genetic variant. (shrink)

This Introduction to the collection of essays surveys the philosophical literature to date with respect to five central questions: justice, care, agency, metaphilosophical issues regarding the language and representation of cognitive disability, and personhood. These themes are discussed in relation to three specific conditions: intellectual and developmental disabilities, Alzheimer's disease, and autism, though the issues raised are relevant to a broad range of cognitive disabilities. The Introduction offers a brief historical overview of the treatment cognitive disability has received from philosophers, (...) and explains the specific challenges that cognitive disability poses to philosophy. In briefly summarizing the essays in the collection, it highlights the distinctive contributions the collection makes to ethics, political philosophy, bioethics, and the philosophy of disability. We hope that the richness of the topics explored by these essays will be a spur to further investigation. (shrink)

Women's activities and relations to men are persistent metaphors for man's projects. I query the prominence of these and the lack of equivalent metaphors where men are the metaphoric vehicle for women and women's activities. Women's role as metaphor results from her otherness and her relational and mediational importance in men's lives. Otherness, mediation, and relation characterize the role of metaphor in language and thought. This congruence between metaphor and women makes the metaphor of woman especially potent in man's conceptual (...) economy. (shrink)

I review Elizabeth Barnes, The Minority Body very favorably. I argue as well that the substance of the work applies not only to minority bodies but also to “minority minds”. I also argue that the “dis” in disability should be understood as the precarious of maintaining a good life, not to the ability to have a good life. This may be due to both social and medical concerns.

Every ethic, if it is not to be a feather in the wind, needs an epistemology. As we look at epistemologies from Plato's Theaetetus to Kant's First Critique to contemporary virtue epistemology, the question of knowledge is always tethered to an ethics, sometimes tightly, sometimes loosely. To live a good life and act rightly toward others, we need to know what we need to know to do this well; we need to know how to know that what we are doing (...) is what is good or right; and we need to know how we can know what is good and right. That is, if we wish to know that what we are doing is right, what principles or precepts to follow, we need to reflect on the nature and the possibility of knowledge itself.What Vrinda Dalmiya... (shrink)

With its provocative title, Blumenthal-Barby’s (2024) Target Article is an important addition to the critical work on using ‘personhood’ in bioethics. I suggest it bears on any philosophical discus...

As the mother of a daughter who has and will always require care to meet her most basic needs, I have seen firsthand how critical it is to have adequate means by which to meet those needs—for her sake, mine, and my family’s. Her flourishing life has contributed to enhancing not only our own, but those of all who care for her and who enter our lives. I have wanted to see us do better by all the families who struggle (...) and have to scratch and claw their way to access services and resources their children need. I have tried in my past writings to articulate the need and the reason why we as a society, as a community, are neither just nor caring as long as we leave their needs unmet. At the same time, I have watched as .. (shrink)