A collection of essays with themes in human rights and legal history, spanning several centuries, containing a tribute to one of the most remarkable jurists of our time. Linked by an historical and contextual approach, these essays add to knowledge of legal history and human rights and provide a reference point for future research.

This book brings together essays on themes of human rights and legal history, reflecting the long and distinguished career as academic writer and human rights activist of Brian Simpson. Written by colleagues and friends in the United States and Britain, the essays are intended to reflect Simpson's own legal interests. The collection opens with biography of Simpson's academic life which notes his major contribution to legal thought, and closes with an account of his career in the United States and a (...) bibliography of his writings. As a tribute to Simpson's varied interests in the law, the collection is grouped around themes in human rights, legal philosophy, and legal history. The human rights papers are concerned with the history of the right of individual petition to the European Court of Human Rights, and recent successes in which Brian Simpson played a part; the evolution of a transnational common law of human rights; the United Nations Convention on the Rights of the Child and the interpretation of the provisions on identity in France and England; the suspension of human rights which would have occurred, had the emergency War Zone Courts scheme been brought into effect during wartime; historical resistance to colonial laws in Papua New Guinea; and the ratio decidendi of the story of the Prodigal Son. Historical themes are found in essays concerned with three nineteenth-century Lord Chancellors; in two essays relating to the fate of the civil jury on either side of the Atlantic which provide a fascinating comparison; in the 'battle of the books' which led to changes in eighteenth-century copyright law; and judicial rivalry between King's Bench and Common Pleas in the early modern period. (shrink)

Strengthening the abilities of smallholder farmers in developing countries, particularly women farmers, to produce for both home and the market is currently a development priority. In many contexts, ownership of assets is strongly gendered, reflecting existing gender norms and limiting women’s ability to invest in more profitable livelihood strategies such as market-oriented agriculture. Yet the intersection between women’s asset endowments and their ability to participate in and benefit from agricultural interventions receives minimal attention. This paper explores changes in gender relations (...) and women’s assets in four agricultural interventions that promoted high value agriculture with different degrees of market-orientation. Findings suggest that these dairy and horticulture projects can successfully involve women and increase production, income and the stock of household assets. In some cases, women were able to increase their control over production, income and assets; however in most cases men’s incomes increased more than women’s and the gender-asset gap did not decrease. Gender- and asset-based barriers to participation in projects as well as gender norms that limit women’s ability to accumulate and retain control over assets both contributed to the results. Comparing experiences across the four projects, especially where projects implemented adaptive measures to encourage gender-equitable outcomes, provides lessons for gender-responsive projects targeting existing and emerging value chains for high value products. Other targeted support to women farmers may also be needed to promote their acquisition of the physical assets required to expand production or enter other nodes of the value chain. (shrink)

In an urbane and persuasive tract for our time, the distinguished Catholic theologian combines a comprehensive metaphysics with a sensitivity to contemporary existentialist thought. Father Murray traces the “problem of God” from its origins in the Old Testament, through its development in the Christian Fathers and the definitive statement by Aquinas, to its denial by modern materialism.Students and nonspecialist intellectuals may both benefit by the book, which illuminates the problem of development of doctrine that is now, even more than in (...) the days of Newman, a fundamental issue between Roman Catholic and Protestant, theologians and nonspecialst intellectuals alike will find the subject of vital interest. As a challenge to the ecumenical dialogue, the question is raised whether, in the course of its development through different phases, the problem of God has come back to its original position. Father Murray is Ordinary professor of theology at Woodstock College, Woodstock, Maryland. St. Thomas More Lectures, 1."A gem of a book—lucid, illuminating, brilliantly written. A fine contribution to the current Catholic theological renaissance."—Paul Weiss. (shrink)

Abstract BACKGROUND: Anonymity remains the more common practice in gamete donations, but legislation prohibiting anonymity with a goal of protecting donor-conceived children's right to know their genetic origins is becoming more common. However, given the dearth of research investigating the function of anonymity for donors and recipients, it is unclear whether these policies will accomplish their goals. The aim of this study was to explore experiences with anonymity among oocyte donors and recipients who participated in an anonymous donor oocyte program (...) and to understand the ways in which anonymity functions for them. -/- METHODS: Semistructured interviews were conducted with 50 women: 28 oocyte donors and 22 recipients who were recruited from an academic center for reproductive medicine in the United States. -/- RESULTS: Donors and recipients view anonymity both as a mechanism to protect the interests of all parties (recipients, donors, and donor-conceived children) and as a point of conflict. Specifically, three key areas were identified where both donors and recipients saw anonymity as having an important role: relieving anxieties about family structures and obligations; protecting their interests and those of donor-conceived children (while acknowledging where interests conflict); and managing the future. -/- CONCLUSION: As gamete donation increasingly moves away from the practice of anonymity, examining why anonymity matters to stakeholders will be helpful in devising strategies to successfully implement identity-release options. (shrink)

Psychotherapy clients read two consumer-oriented brochures: a general brochure on psychology and a brochure on the topic of client-therapist intimacy. Half of the participants read the general brochure first and the brochure on client-therapist intimacy second, and half the participants did the reverse. Participants reported favorable reactions to the brochures, indicating they thought both should be made available to psychotherapy clients; that neither were too long, too sensitive, or too difficult to read; and that the brochures should be made available (...) early during the therapeutic process. After reading the client-therapist intimacy brochure, participants also showed some changes in Likert-type scores measuring attitudes regarding intimate contact between clients and therapists. Although participants were more negative about issues of sexual misconduct after reading the client-therapist intimacy brochure, they did not indicate a decrease in trust of therapists, nor did they indicate a greater likelihood of filing a false complaint. We concluded that therapists' reservations about presenting clients with factual information regarding therapist sexual exploitation of clients are not empirically founded. (shrink)

We prove that the logics of Magidor-Malitz and their generalization by Rubin are distinct even for PC classes. Let $M \models Q^nx_1 \cdots x_n \varphi(x_1 \cdots x_n)$ mean that there is an uncountable subset A of |M| such that for every $a_1, \ldots, a_n \in A, M \models \varphi\lbrack a_1, \ldots, a_n\rbrack$ . Theorem 1.1 (Shelah) $(\diamond_{\aleph_1})$ . For every n ∈ ω the class $K_{n + 1} = \{\langle A, R\rangle \mid \langle A, R\rangle \models \neg Q^{n + (...) 1} x_1 \cdots x_{n + 1} R(x_1, \ldots, x_{n + 1})\}$ is not an ℵ 0 -PC-class in the logic L n , obtained by closing first order logic under Q 1 , ..., Q n . I.e. for no countable L n -theory T, is K n + 1 the class of reducts of the models of T. Theorem 1.2 (Rubin) $(\diamond_{\aleph_1}).^3$ . Let $M \models Q^E x y\varphi(x, y)$ mean that there is $A \subseteq |M|$ such that $E_{A, \varphi} = \{\langle a, b \rangle \mid a, b \in A$ and $M \models \varphi\lbrack a, b\rbrack\}$ is an equivalence relation on A with uncountably many equivalence classes, and such that each equivalence class is uncountable. Let $K^E = \{\langle A, R\rangle\mid \langle A, R\rangle\models \neg Q^Exy R(x, y)\}$ . Then K E is not an ℵ 0 -PC-class in the logic gotten by closing first order logic under the set of quantifiers {Q n ∣ n ∈ ω} which were defined in Theorem 1.1. (shrink)

Clinical psychologists' and nonpsychiatric physicians' attitudes and behaviors in sexual and confidentiality boundary violations were examined. The 171 participants' responses were analyzed by profession, sex, and status (student, resident, professional) on semantic differential, boundary violation vignettes, and a version of Pope, Tabachnick, and Keith-Spiegel's (1987) ethical scale. Psychologists rated sexual boundary violation as more unethical than did physicians (p<.001). Rationale (p<.01) and timing (p<.001) influenced ratings. Psychologists reported fewer sexualized behaviors than physicians (p<05). Professional experience (p<.01) and sex (p<.05) were (...) associated with confidence-violating behavior. Overall, 78% of the sample reported attitudes or behaviors associated with boundary violations. The behavior violations were correlated (r=.49). Actual violators rated vignette violators more leniently than did nonviolators (p<.01). (shrink)

The aim of this paper is to provide a philosophical interpretation of bilateralism in terms of probabilism. In particular, to interpret the main concepts of bilateralism –acceptance, rejection and incoherence– in terms of the probabilistic notions of degree of belief and coherence. According to bilateralism, the meaning of logical connectives is determined by the acceptance and rejection conditions of the sentences in which they are involved, where acceptance and rejection cannot be reduced to one another. I will focus on a (...) variant of bilateralism that understands logical consequence as the statement that it is incoherent to accept all the premises of a valid argument while rejecting all its conclusions. On the other hand, probabilism states that it is possible to interpret our degrees of belief in terms of probabilities. The aim of this work is then to interpret the concept of incoherence in terms of probability functions and determine when it is coherent to accept or to reject a proposition according to some threshold defined in terms of degrees of belief. To achieve this goal, we need both an interpretation of the concept of incoherence coined by the bilateralists as well as an interpretation of acceptance and rejection. I will show that a good interpretation of coherence in probabilistic terms can already be found in the literature. Then, I will give an interpretation of acceptance and rejection in terms of degrees of belief. In particular, I will show that it is possible to interpret these concepts in accordance with Locke’s thesis, the thesis that states that there is some threshold r such that if you believe some sentence in degree equal or higher than r you should accept it, without falling into epistemic paradoxes. (shrink)

This article argues that we could improve the design of research protocols by developing an awareness of and a responsiveness to the social contexts of all the actors in the research enterprise, including subjects, investigators, sponsors, and members of the community in which the research will be conducted. ?Social context? refers to the settings in which the actors are situated, including, but not limited to, their social, economic, political, cultural, and technological features. The utility of thinking about social contexts is (...) introduced and exemplified by the presentation of a hypothetical case in which one central issue is limitation of the probability of injury to subjects by selection of individuals who are not expected to live long enough for the known risks of the study to become manifest as harms. Benefits of such considerations may include enhanced subject satisfaction and cooperation, community acceptance, and improved data quality, among other desirable consequences. (shrink)

Since its founding in 1943, Medievalia et Humanistica has won worldwide recognition as the first scholarly publication in America to devote itself entirely to medieval and Renaissance studies. Since 1970, a new series, sponsored by the Modern Language Association of America and edited by an international board of distinguished scholars and critics, has published interdisciplinary articles. In yearly hardbound volumes, the new series publishes significant scholarship, criticism, and reviews treating all facets of medieval and Renaissance culture: history, art, literature, music, (...) science, law, economics, and philosophy. (shrink)

This article argues that we could improve the design of research protocols by developing an awareness of and a responsiveness to the social contexts of all the actors in the research enterprise, including subjects, investigators, sponsors, and members of the community in which the research will be conducted. “Social context” refers to the settings in which the actors are situated, including, but not limited to, their social, economic, political, cultural, and technological features. The utility of thinking about social contexts is (...) introduced and exemplified by the presentation of a hypothetical case in which one central issue is limitation of the probability of injury to subjects by selection of individuals who are not expected to live long enough for the known risks of the study to become manifest as harms. Benefits of such considerations may include enhanced subject satisfaction and cooperation, community acceptance, and improved data quality, among other desirable consequences. (shrink)

This work is intended as an introduction to the study of Soviet psy chology. In it we have tried to present the main lines of Soviet psycho logical theory, in particular, the philosophical principles on which that theory is founded. There are surprisingly few books in English on Soviet psychology, or, indeed, in any Western European language. The works that exist usually take the form of symposia or are collections of articles translated from Soviet periodicals. The most important of these (...) are Psychology in the Soviet Union (ed. by Brian Simon), Recent Soviet Psychology (ed. by Neil O'Connor) and Soviet Psychology, A Symposium (ed. by Ralf Winn). Raymond Bauer has also edited an interesting symposium entitled Some Views on Soviet Psychology. Only two systematic studies of Soviet psychology have been published to date: Joseph Wortis' Soviet Psychiatry and Raymond Bauer's The New Man in Soviet Psychology. Both are valuable introductions to Soviet psychology; Bauer's book, in particular, gives a good account of the debates on psychological theory in the Soviet Union in the nineteen twenties and -thirties. Both, however, are somewhat out of date. There are also a number of interesting articles written by Ivan D. London and Gregory Razran, which give general surveys of particular periods or aspects of Soviet psychology. These have been listed in the bibliography. (shrink)

The purpose of this paper is to explore the reception of George Berkeley in a particular corner of 20th-century Danish psychology and philosophy. In contrast to philosophers, such as Peter Zinkernagel and David Favrholdt, Danish experimental psychologists, including Edgar Rubin and Edgar Tranekjær Rasmussen, made highly appreciative reference to the methodology and experimental observations of Berkeley and David Hume. This paper focuses on these psychologists’ interest in Berkeley’s ideas. I will first present Rubin’s path from a mosaic-like understanding (...) of psychological phenomena (elemental psychology) to a holistic view, detailing what he termed adspective psychology and its method. I then turn to Rubin’s embrace of certain experimental observations made by Berkeley and, in particular, by Hume concerning theminima visibilia. The second part of the paper deals with Tranekjær Rasmussen’s interpretation of Berkeley’s work, and in particular of his immaterialism, his notion of God, and his critique of abstract ideas. (shrink)

The "Kinsey Report" suggests the existence of such a mentality. Of 142 women with much homosexual experience, 70 percent reported no regrets. This consciousness has manifested itself in literature in two ways. First, in lesbian romanticism: fusions of life and death, happiness and woe, natural imagery and supernatural strivings, neoclassical paganism with a ritualistic cult of Sappho, and modern beliefs in evolutionary progress with a cult of the rebel. At its worst an inadvertent parody of fin de siecle decadence, at (...) its best lesbian romanticism ruthlessly rejects a stifling dominant culture and asserts the value of psychological autonomy, women, art, and a European civilization of the sensuous, sensual, and voluptuous. Woolf's Orlando is its most elegant and inventive text, but its symbol is probably the career of Natalie Barney, the cosmopolitan American who was the prototype of Valerie Seymour.23· 23. See Rubin, introduction to Vivien's A Woman Appeared to Me, and George Wickes, The Amazon of Letters: The Life and Loves of Natalie Barney .Catherine R. Stimpson, professor of English at Rutgers University, is the former editor of Signs: Journal of Women in Culture and Society. The author of both critical essays and fiction, she recently co-edited, with Ethel Spector Person, Women, Sex and Sexuality. (shrink)

This paper sets out to accomplish two goals. First, drawing on the Irish perspective, it reconceptualises one of the enduring legacy-based harms of epistemic colonisation, in this case, ‘linguicism’, in terms of ‘hermeneutical injustice’. Second, it argues that otherwise well-meaning attempts to combat epistemic colonisation through the inclusion of marginalised testimony can, in certain circumstances, lead to cases of ‘epistemic exploitation’, which, in turn, can result in ‘ontic burnout’. Both linguicism and epistemic exploitation, this paper theorizes, have the potential to (...) bring about ontic burnout. Here is the plan: to set the scene, section I briefly surveys some key arguments supporting the call for higher education institutions (HEIs) to engage in epistemic decolonising, focusing on the importance of striking a balance between two extremes: (i) abandoning all forms of Eurocentric/colonial knowledge through the elimination of inherited thinking and conceptual schemes which result from colonization, in particular, those which remain in our thinking “owing to inertia rather than to our own reflective choices” (Wiredu 2002, p.56); (ii) the other—pursuing a more positive project where we seek to, “exploit as much as is judicious the resources of indigenous conceptual schemes” (Wiredu 1996: p.136). From here, it moves to consider harms associated with a subset of ‘epistemicide’, that is, ‘linguicism’—a phenomenon where the language and culture of the colonizer become part of the ‘civilising project’ and, in more extreme cases of linguicide, forcibly replaces indigenous languages. Section II then explores the subtleties of harmful by-products deriving from ‘inclusion’, namely that which scholars refer to as ‘epistemic exploitation’. Situations where marginalised scholars are finally ‘at the table but still on the menu’ arise when privileged persons, compel marginalised knowers to educate them [and others] about the nature of their oppression (Berenstain, 2016). Habitual requests to turn themselves inside out for emancipatory principles give rise to a phenomenon known as ontic burnout (Dunne and Kotsonis, 2022, p.9)—“a form of dissociative explanatory fatigue culminating in oppressed persons engaging in a conscious or unconscious decoupling from their socially constructed identity, from the burdens and injustices associated with being a member of a certain social kind”. This harm is, I argue, rarely discussed in the literature and worthy of further analysis. (shrink)

This paper proposes a novel educational approach to epistemic vice rehabilitation. Its authors Gerry Dunne and Alkis Kotsonis note that, like Quassim Cassam, they remain optimistic about the possibility of improvement with regard to epistemic vice. However, unlike Cassam, who places the burden of minimizing or overcoming epistemic vices and their consequences on the individual, Dunne and Kotsonis argue that vice rehabilitation is best tackled via the exemplarist animated community of inquiry zetetic principles and defeasible-reasons-regulated deliberative processes. The vice-reduction (...) method they propose is made up of four distinct yet complementary components: (1) positive exemplarism of epistemic virtue (saints), (2) negative exemplarism of epistemic vice (sinners), (3) direct teaching/instruction, and (4) cognitive apprenticeship. Dunne and Kotsonis argue that this pedagogical intervention appropriately considers learnings deriving from forensic scrutiny of both ideal and non-ideal interpersonally calibrated zetetic features integral to knowledge acquisition as well as wider societal influences impacting the development of agents' epistemic character. It bridges research on vice epistemology (Cassam's obstructivist theory), social epistemology (corrupted social processes mitigating against vice rehabilitation), virtue epistemology, and moral exemplarism. (shrink)

What it means to be a knower together with the social practices through which we come to know are irreducibly complex ethical concepts (Congdon, 2018). Extant analyses of epistemic injustice typica...

The Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being, and speaking that might help us achieve that aim. This book asks how international lawyers might engage in a professional practice that has become, to adapt a title of Janet Malcolm's, both difficult and impossible. It suggests that international lawyers are disabled by the governing idioms of international lawyering, and proposes that they may be re-enabled by speaking different (...) sorts of international law, or by speaking international law in different sorts of ways. In this methodologically diverse and unusually personal account, Gerry Simpson brings to the surface international law's hidden literary prose and offers a critical and redemptive account of the field. He does so in a series of chapters on international law's bathetic underpinnings, its friendly relations, the neurotic foundations of its underlying social order, its screened-off comic dispositions, its anti-method, and the life-worlds of its practitioners. Finally, the book closes with a chapter in which international law is re-envisioned through the practice of gardening. All of this is put forward as a contribution to the project of making international law, again, a compelling language for our times. (shrink)

Is there a public good? A prevalent view in political science is that democracy is unavoidably chaotic, arbitrary, meaningless, and impossible. Such scepticism began with Condorcet in the eighteenth century, and continued most notably with Arrow and Riker in the twentieth century. In this powerful book, Gerry Mackie confronts and subdues these long-standing doubts about democratic governance. Problems of cycling, agenda control, strategic voting, and dimensional manipulation are not sufficiently harmful, frequent, or irremediable, he argues, to be of normative (...) concern. Mackie also examines every serious empirical illustration of cycling and instability, including Riker's famous argument that the US Civil War was due to arbitrary dimensional manipulation. Almost every empirical claim is erroneous, and none is normatively troubling, Mackie says. This spirited defence of democratic institutions should prove both provocative and influential. (shrink)

Somatosensory processing for action guidance can be dissociated from perception and memory processing. The dorsal system has a global bias and the ventral system has a local processing bias. Autistics illustrate the point, showing a bias for part over wholes. Lateralized differences have also been noted in these modalities. The multi-modal dysfunction observed may suggest more an issue of interhemispheric communication.

Soft X‐ray tomography (SXT) is an imaging technique capable of characterizing and quantifying the structural phenotype of cells. In particular, SXT is used to visualize the internal architecture of fully hydrated, intact eukaryotic and prokaryotic cells at high spatial resolution (50 nm or better). Image contrast in SXT is derived from the biochemical composition of the cell, and obtained without the need to use potentially damaging contrast‐enhancing agents, such as heavy metals. The cells are simply cryopreserved prior to imaging, and (...) are therefore imaged in a near‐native state. As a complement to structural imaging by SXT, the same specimen can now be imaged by correlated cryo‐light microscopy. By combining data from these two modalities specific molecules can be localized directly within the framework of a high‐resolution, three‐dimensional reconstruction of the cell. This combination of data types allows sophisticated analyses to be carried out on the impact of environmental and/or genetic factors on cell phenotypes. (shrink)