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)

Das "Hegel-Jahrbuch" ist das Jahrbuch der Internationalen Hegel-Gesellschaft. die 1953 von Wilhelm Raimund Beyer in Nürnberg gegründet wurde. Es erscheint seit 1961und wurde bis 1984 von W. R. Beyer, seither vom jeweils amtierenden Vorstand der Gesellschaft herausgegeben. Seit 1994 erscheint das Jahrbuch im Akademie Verlag. Es dokumentiert die Beiträge der Internationalen Hegel-Kongresse, die alle zwei Jahre zu wechselnden Schwerpunktthemen stattfinden.

In lieu of an abstract, here is a brief excerpt of the content:The Gethsemani Encounter: A Dialogue on the Spiritual Life by Buddhist and Christian MonasticsDavid G. HackettThe Gethsemani Encounter: A Dialogue on the Spiritual Life by Buddhist and Christian Monastics. Edited by Donald W. Mitchell and James Wiseman, O.S.B. New York: Continuum, 1997. 306 pp.Ever since the landmark meeting of Thomas Merton and the Dalai Lama in 1968, the Christian and Buddhist contemplative communities have been building toward the kind (...) of deeply spiritual encounter that is so ably narrated in this book. For five days in July of 1996, a pantheon of advanced spiritual practitioners, led by the Dalai Lama, met at Thomas Merton’s monastery in Kentucky to dialogue on the spiritual life. The resulting exchanges provided not only mutual aid on the spiritual journey but were themselves a spiritual path. In recounting this meeting, The Gethsemani Encounter marks a watershed in the spiritual dialogue between Christianity and Buddhism. [End Page 232]A history of interfaith contacts and the deeply spiritual character of intermonastic dialogue prepared the way for the success of this historic encounter. In 1978, ten years after the death of Thomas Merton, two dialogue commissions were created: the “Monastic Interreligious Dialogue” (MID) in North America, and the “Dialogue Inter-Monastic” (DIM) in Europe. These commissions fostered a rapid expansion in the number of nuns and monks engaged in interfaith dialogue. Christian monastics spent time living in Tibetan and Zen monasteries in the East, and Buddhist nuns and monks were guests of Christian monasteries in the West. These encounters gradually evolved into a profound discussion of the spiritual life in all its nuances and its implications for humankind.The inspiration for the Gethsemani Encounter came from the Dalai Lama. At the Parliament of the World’s Religions in 1993, during a morning session on “Emptiness and Kenosis,” the Tibetan leader suggested that the conversation continue in a monastic setting. His idea was to gather a small group of mature Buddhist and Christian monastics who are teachers of spirituality. They would dialogue about the practice of spirituality and its value for the world in a setting where they could also live, meditate, and celebrate together.A variety of Buddhists reflecting the diversity of contemporary Buddhist practices were invited to Gethsemani. These included Theravadin, Zen, and Tibetan monks from Asia and lay leaders from the emerging American Buddhist communities. Efforts were made to include women’s voices from each tradition. Most of the Buddhists who came to Gethsemani were living in Buddhist communities in the United States. The hope was that this meeting would catalyze future local encounters between Buddhist and Christian spiritual communities.The Christian monastics were primarily drawn from Benedictine and Trappist MID board members or advisors from Europe, North America, Asia, and Australia. Invited as well were the abbot general of the Trappist Order, the head of the Vatican’s Pontifical Council for Interreligious Dialogue, and Bishop Joseph Gerry, O.S.B., to represent the National Conference of Catholic Bishops. The MID advisors also included some priests and lay practitioners—Catholic and Protestant—with experience in Buddhist dialogue. In the end, twenty-five Christian and twenty-five Buddhist spiritual leaders were invited to the Gethsemani Encounter by MID and the Dalai Lama.Reading through the talks and dialogues that compose this book provides an opportunity to enter into the spiritual adventure of discovery experienced by the participants. The first part presents the twenty-five short talks that were given during morning, afternoon, and evening sessions over the four full days of the encounter. Each of these talks was intended to provide a short and insightful glimpse into the dynamics of Buddhist and Christian spirituality. For students of the Buddhist-Christian dialogue, much of this material is familiar. But two elements are new: first, the variety of Buddhist and Christian perspectives that are brought to bear on such topics as “prayer and meditation” (where three different Buddhist and two Christian approaches are considered), and second, the organization of this material into six chapters that move outward from prayer to community to spirituality and society. As [End Page 233] the book progresses, there is a palpable movement away from comparative analysis for the sake... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Transformation of Hearts and Minds:Chan Zen-Catholic Approaches to PreceptsHarry L. WellsCatholic and Buddhist priests, monastics, teachers, and community leaders participated in the second of an anticipated four annual dialogues. The series is sponsored by the Dharma Realm Buddhist Association, the San Francisco Zen Center, and the United States Conference of Catholic Bishops (USCCB). The conference took place 4–7 March 2004 at Mercy Center in Burlingame, CA, whose own East-West (...) meditation program, led by Fr. Thomas Hand, celebrated its twentieth anniversary that year. A popular retreat center and home to the Sisters of Mercy of Burlingame, the Center offered participants tree-dotted, spacious grounds and strolling paths, as well as a labyrinth for contemplative walking.Each day began with both Catholics and Buddhists in Mercy Center's Rose Room, a Zen-style meditation space, for an hour of silent meditation in the morning. Catholic liturgy was celebrated in the afternoon in the main chapel, with all participants invited to attend and share prayer and blessings. On the two full days, Friday and Saturday, two sessions of presentations were held each morning, with one session following in the afternoon. Each of the six sessions focused on a position paper, with three papers given from a Buddhist and three from a Christian perspective. Each paper was presented by its authors, followed by two formal responses, one by a Buddhist and one by a Catholic participant. This was in turn followed by an open discussion within the whole group. A minute of silent meditation began and ended each session.The presentations focused on various meanings embraced by the term "precepts" in each tradition. One paper introduced perspectives on Buddhist precepts in three different Buddhist lineages. Another presented six guidelines as "Precepts on the [End Page 155] Mind-Ground" that connect ethical commitments with social engagement. A third paper focused on Bodhisattva practice, which embraces and unifies all sentient beings. On the Christian side, presentations discussed the precepts as signposts on the path that leads away from suffering, as motivations that move us, and as the practice of the presence of God, exemplified by the writings of Brother Lawrence.A glossary prepared by Fr. Francis Tiso helped define Catholic Christian terms for the Buddhist participants in the dialogue. Similarly, a book distributed to all participants by the Dharma Realm Buddhist Association provided background on "Buddhism A–Z." Formal discussion sessions in the evenings, as well as informal talks by the participants while walking outside or in the form of impromptu hallway meetings added to the depth and richness of the dialogue. Some recurring themes were the importance and meaning of a personal teacher in both traditions; another was the "embodiment" of the teachings, the value of teaching through presence. Personal stories and practical experiences offered by individual participants were much appreciated and added poetry and emotion to the headiness of theological discussion.Members of both the Buddhist and the Catholic traditions reported that the encounter with the spiritual practices and beliefs of the other faith provides both affirmation of the familiar and welcome discovery of unexpected riches of the spirit. The next meeting will be held 20–23 January 2005 at the San Francisco Zen Center. The theme will be "Practice: Method and Experience Toward Transformation."Participating in the 2004 dialogue were Rev. Heng Sure (Berkeley Buddhist Monastery), Bishop John C. Wester (Auxiliary Bishop, Archdiocese of San Francisco), Rev. Taigen Dan Leighton (Mountain Source Sangha), Fr. Arthur Kennedy (Secretariat for Ecumenical and Interreligious Affairs, USCCB), Bhikshuni Heng Liang (Dharma Realm Buddhist Association), Dr. Martin Verhoeven (Institute for World Religions), Dr. Ron Epstein (Institute for World Religions), Dr. Snjezana Akpinar (Dharma Realm Buddhist University), Rev. Shosan Victoria Austin (San Francisco Zen Center), Rev. Alan Senauke (Berkeley Zen Center), Jan Chozen Bays (Zen Community of Oregon), Sr. Phyllis D'Anna, SND (Center for the Practice of Applied Spirituality), Fr. Thomas W. Devereaux (Diocese of Santa Rosa), Robert Hale, OSB Cam. (Incarnation Monastery, Berkeley, CA), Thomas Hand, S.J. (Mercy Center, Burlingame, CA), Fr. Rafael Luévano (Diocese of Orange), Deacon Thomas McGowan (Diocese of Oakland), Lorraine Moriarity (St. Vincent de Paul Society of San Mateo County), Fr. Gerry O'Rourke (Archdiocese... (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 essay explores the faultlines, poetic pressures and social structures of feeling determining poetry “after” Hiroshima. Nuclear bombs, accidents and waste pose theoretical and poetic challenges. The argument outlines a model of nuclear implicature that reworks Gricean conversational implicature. Nuclear implicature helps to describe ways in which poems “represent” nuclear problems implicitly rather than explicitly. Metonymic, metaphorical, and grammatical modes of implication are juxtaposed with recognition of social attitudes complicit with nuclear problems. Mushroom and lichen metaphors are analysed and distinguished. (...) There are brief accounts of The Chernobyl Herbarium, The Nuclear Culture Source Book and poems by Aidan Semmens, Lorine Niedecker, George Oppen, Denise Levertov, Adrienne Rich, Allen Ginsberg and Gerry Loose. The argument attempts to keep open the fragile agency of writing in poems that confront nuclear power. Poetry after Hiroshima is also contrasted with Adorno’s provocative questions about poetry after Auschwitz, amid Cold War arguments that have distorted recognition of the reality of nuclear production. The essay concludes by considering the emergence of poetry within E.P. Thompson’s theoretical account of “Exterminism,” sketching ways in which poetics and theory might inform both the nuclear imagination and the difficulties of nuclear song. (shrink)

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)

Machine generated contents note: 1 Introduction 1 -- 2 Central themes and critical issues 10 -- Introduction 10 -- Core themes 11 -- Differences which have surfaced in the move from -- margins to mainstream 15 -- The claims of restorative justice: a brief examination 21 -- Some limitations of restorative justice 25 -- Some dangers of restorative justice 29 -- Debunking restorative justice 32 -- 3 Reviving restorative justice traditions 36 -- The rebirth of an ancient practice 36 -- (...) Pre-modem criminal justice 37 -- The renaissance of native justice traditions 43 -- Navajo peacemaking 44 -- Can one characterise ancient and indigenous -- justice as restorative? 47 -- Can one revive restorative justice traditions? 49 -- Conclusion: did restorative justice ever die? 59 -- 4 Healing the victim 62 -- Introduction 62 -- The experiences and needs of victims 64 -- The inadequacy of punitive justice for the victim 67 -- Victim reforms 70 -- Restitution from the offender 74 -- Beyond restitution: restoring victims 76 -- Restorative justice or 'clubbing together'? 78 -- Using victims to rehabilitate offenders 81 -- Paternalism towards victims 83 -- Balancing the needs of the victim with those of society 84 -- 5 A restorative approach to offenders 87 -- Introduction 87 -- Restorative justice as an alternative to retributive justice 88 -- Restorative justice as an alternative to treatment 94 -- The goals and methods of restorative justice in relation -- to offenders 95 -- An alternative to punishment or an alternative form of -- punishment? 106 -- An alternative to treatment? 111 -- 6 Shame, apology and forgiveness 114 -- Introduction 114 -- Restorative cautioning 115 -- The psychological routes of restorative conferencing 116 -- The idea of reintegrative shaming 118 -- Some questions about shaming 123 -- Apology and forgiveness 132 -- 7 Mediation, participation and the role of community 136 -- Introduction: handling criminal conflicts 136 -- The rationale for the restorative justice process 140 -- Achieving restorative goals 141 -- Moral development and the strengthening of community 144 -- The role of community 151 -- 8 The future of restorative justice 161 -- Introduction 161 -- Implementing restorative justice: the paths less likely 163 -- The implementation of restorative techniques 166 -- Restorative justice and the pattern of penal control 169 -- The future of restorative justice research 170 -- Appendix to chapter 3: the theological roots of judicial -- punishment 172. (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)

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)

Beloved author of, among many other books, the bestsellers How to Argue and Win Every Time and The Making of a Country Lawyer , Gerry Spence distills a lifetime of wisdom and observation about how we live, and how we ought to live in Seven Simple Steps to Personal Freedom . Here, in seven chapters, he delivers messages that inspire us first to recognize our servitude-to money, possessions, corporations, the status quo, and our own fears-and then shows us how (...) to begin the self-defining process toward liberation. Seven Simple Steps to Personal Freedom is a powerfully affirming, large-hearted, and life-changing book that asks us all to take the greatest risk for the greatest reward-our own freedom. (shrink)

Gerry Gaden; Rehabilitating Responsibility, Journal of Philosophy of Education, Volume 24, Issue 1, 30 May 2006, Pages 27–38, https://doi.org/10.1111/j.1467-975.

In order for us to have epistemic justification, Sinnott-Armstrong believes we do not have to be able to rule out all sceptical hypotheses. He suggests that it is sufficient if we have 'modestly justified beliefs', i.e., if our evidence rules out all non-sceptical alternatives. I argue that modest justification is not sufficient for epistemic justification. Either modest justification is independent of our ability to rule out sceptical hypotheses, but is not a kind of epistemic justification, or else modest justification is (...) a kind of epistemic justification, but is not truly independent of our ability to rule out sceptical hypotheses. (shrink)

James Rachels has argued on Utilitarian grounds that since removing life-sustaining treatment and physician-assisted suicide both aim at the very same end,hastening death to limit suffering, there are no morally significant moral distinctions between them. Others have argued for maintaining this distinction based on various forms of deontological and rights-based ethical theories that maintain that all acts of killing are inherently wrong. I argue that the enduring controversy over physician-assisted suicide might not be caused by such fundamental differences of opinion (...) about moral theory, such as that which exists between Utilitarianism and Deontology, so much as by a commonly held misunderstanding of technology. In particular, the conclusion that there are no relevant ethical distinctions between killing and letting die can only be drawn by a Utilitarian, such as Rachels, by ignoring the recent work of philosophers of technology on the non-neutrality thesis. (shrink)

Comprised of 152 photographs taken between 1967 and 1975, This book captures the innocence and earnestness of the early Canadian hippie movement, from political protests and speakers' corners, to Festival Express and Mariposa.

We have been asked to consider the feasibility of piloting a Citizens’ Basic Income : a basic, unconditional, universal, individual, regular payment that would replace aspects of social security and be introduced alongside changes to taxes. Piloting and evaluating a CBI as a Cluster Randomized Control Trial raises the question of whether intervention and comparison groups would be in equipoise, and thus whether randomization would be ethical. We believe that most researchers would accept that additional income, or reduced conditions on (...) receiving income would be likely to improve health, especially at lower income levels. However, there are genuine uncertainties about the impacts on other outcomes, and CBI as a mechanism of providing income. There is also less consensus amongst civil servants and politicians about the impacts on health, and substantial disagreement about whether these would outweigh other impacts. We believe that an RCT is ethical because of these uncertainties. We also argue that the principle of equipoise should apply to randomized and non-randomized trials; that randomization is a fairer means of allocating to intervention and comparison groups; and that there is an ethical case for experimentation to generate higher-quality evidence for policymaking that may otherwise do harm. (shrink)