The current approaches to equality law in South Africa and Canada place these jurisdictions at the forefront of serious and comprehensive judicial at tempts to give effect to substantive equality. These attempts to overcome formalism are processes, judicially acknowledged as such, and as yet far from complete. At the conceptual center of the development of substantive equality is the legal realization of human dignity: not an abstract, individualistic notion, but a concept about the relation between the individual and state, and (...) individual and group, which is circumscribed by concern, respect and consideration.But substantive equality is not possible only through the case law. The current issues surrounding intersectional discrimination and the contextual appreciation of a claimant’s circumstances are urgent reminders that the methods and remedies afforded by the structure of litigation of equality rights claims simply cannot accommodate many instances which call for relief. The fact that these inadequacies of court enforced claims are beginning to be laid bare by some of the problems being faced by the Courts in equality claims is perhaps not a failing of equality law and the concept of dignity, but its strength. The methodology of human rights litigation in countries like Canada and South Africa supports a dialogue between court and legislature. As substantive equality develops in these jurisdictions, the limits of judicial development will be challenged. That is ultimately to be welcomed, if the legislatures are responsive to the definition of human dignity and substantive equality in development judicially, and respond with efforts to support and promote these developments. (shrink)

The apparently limitless philosophical terrain marked out by the debate over the relation between science and values is constructively revisited in Helen Longino's Science as Social Knowledge. This project is motivated by the view that the ideal of value neutrality places unrealistic constraints on science. Longino seeks to demonstrate that even “good science” embodies social and political interests and values because it is, irreducibly, a social activity. Her strategy is to weave a position which can make sense of both ideology (...) and evidence in the practice of science; her underlying philosophical critique is that the standard impasse between positivism and wholism is structured by an individualist conception of science. In the development of her analysis, she examines and reworks the concepts of evidence, reasoning and objectivity to accommodate her understanding of the social practices which constitute inquiry. She then appeals to the highly charged field of research on the biological bases of alleged sex differences in temperament, behaviour and cognition, to illustrate concretely how her analysis makes sense of a variety of interactions between scientific inquiry and socio-cultural values in contemporary science. Longino thus provides an opening for modes of inquiry, such as feminist science, which are self-consciously shaped by specified socio-political interests and values; she argues that, far from contaminating science, such projects can be more objective than that mode of inquiry practised under the standard myth of asocial, acultural, apolitical objectivity characteristic of modern epistemologies. (shrink)

What does it mean to re-conceptualize pornography as a material practice rather than as speech? Sidestepping the legal debates over their civil ordinance, and drawing on phenomenology of the lived body, Mason-Grant returns to the innovative core of the Dworkin-MacKinnon critique of mainstream pornography. She develops a "practice paradigm" that captures and extends their insights, showing how the use of mass-market heterosexual pornography contributes to the cultivation of troubling forms of sexual know-how.

In Read My Desire, Joan Copjec stages a confrontation between the theories of Jacques Lacan and Michel Foucault, protagonists of two powerful modern discourses - psychoanalysis and historicism. Ordinarily, these discourses only cross paths long enough for historicists to charge psychoanalysis with an indifference to history, but here psychoanalysis, via Lacan, goes on the offensive. Refusing to cede historicity to the historicists, Copjec makes a case for the superiority of Lacan's explanation of historical process, its generative principles, and its (...) complex functionings. Her goal is to inspire a new kind of cultural critique, one that would be "literate in desire," that would be able to read what is inarticulable in cultural statements. Choosing a variety of battlegrounds, from historical phenomena - the 40,000 unsettling photographs of Moroccan drapery taken by Lacan's mentor, G. G. de ClA©rambault; the coincidence between vampire literature and the eighteenth-century imperative to breast-feed; the recurrent emptiness of urban spaces in film noir; the rise of democracy and questions of human rights - to theoretical concepts such as the gaze, cause, and sexual difference, Copjec imagines the blows that each contender might strike. Although Lacan emerges the victor, one has a sense that for Copjec the contest is close, that she is interested not in simply dismissing Foucault but in seizing his theory at those moments when its concerns and strategies are similar to Lacan's. She is intent on understanding how two compelling theories come to diverge, how small differences distort common assumptions. Establishing the links between psychoanalysis and critical philosophy, Copjec treats psychoanalysis not as a private language but as the mother tongue of modernity. She thus makes Lacan's famous "return to Freud" a return, as well, to the best principles of the Enlightenment. By this maneuver she forces us to question the historicist dialect that we have been taught to speak and that we all but take for granted and to regret the loss in it of psychoanalysis's more rousing accents. (shrink)

This book's thirty essays explore philosophically the nature and morality of sexual perversion, cybersex, masturbation, homosexuality, contraception, same-sex marriage, promiscuity, pedophilia, date rape, sexual objectification, teacher-student relationships, pornography, and prostitution. Authors include Martha Nussbaum, Thomas Nagel, Alan Goldman, John Finnis, Sallie Tisdale, Robin West, Alan Wertheimer, John Corvino, Cheshire Calhoun, Jerome Neu, and Alan Soble, among others. A valuable resource for sex researchers as well as undergraduate courses in the philosophy of sex.

ABSTRACT The jurisdiction of schools has long been contested. Initially, under the sway of loco parentis, parents delegated all authority to educators. With ascendency of the common school movement in the 19th century, however, the doctrine confronted reverses. As the student body increased in size and heterogeneity, families no longer spoke with a single voice. The courts granted parental requests for a more determinative role in their children’s education, prohibited schools from giving religious instruction, and guaranteed students some civil rights. (...) This curtailment of school authority has been countered in recent years by the emphasis on educating the “whole child” with schools taking on responsibilities, such as character development and mental health, arguably a home preserve. While acknowledging the large overlap between school and home, I argue they have differing agendas and capacities. Schools stress the collective, cultivating “we-ness” and agreed upon norms, whereas homes cultivate privacy, individualism, and particularistic values; schools stress equality while homes stress equity; schools are constrained in their use of discipline whereas homes take more liberties. In urging schools to circumscribe and differentiate their role, I nonetheless recognize the problems of doing so. (shrink)

The Republic of Ireland has some of the most restrictive abortion legislation in the world which grants to the ‘unborn’ an equal right to life to that of the pregnant woman. This article outlines recent developments in the public discourse on abortion in Ireland and explains the particular cultural and religious context that informs the ethical case for access to abortion services. Our perspective rests on respect for two very familiar moral principles – autonomy and justice – which are at (...) the centre of social and democratic societies around the world. This article explains the context for the deployment of these concepts in order to support the claim that the current legislation and its operationalisation in clinical practice poses serious risks to the health, lives and well-being of pregnant women, tramples on their autonomy rights and requires of them a self-sacrifice that is unreasonable and unjust. (shrink)

I would like to end this questioning of canonical origins by returning to my point of departure, [Lawrence] Lipking’s notion of a “poetics of abandonment.” Lipking’s article was included in an issue of Critical Inquiry entitled Canons, in which it seemingly was held to represent a feminist perspective on canon formation. Lipking centers his attention on literary theory, a domain that has been granted new prominence, sometimes even the status of literature, in the most recent reformulation of the canon. It (...) may be, as Viktor Shklovsky suggested in Zoo, or Letters Not about Love, that literary theory is the novel’s successor, in which case the resurrection of Ovid’s abandoned women would make generic sense. Furthermore, for the first time in the history of literary criticism, there are today numbers of influential female literary critics, many of whom have called for a major reorganization of literary canons. Given the strategies deployed during previous moments of canon formation, it is perhaps inevitable that some of today’s male literary critics would instigate a debasement of theoretical mothers. Contemporary literary critics are no longer attempting to consign women writers to abandonment. However, even as they promote the cause of women writers, some may also be responding in a manner that reveals their perception that feminist literary theory has provided the most forceful recent challenge not only to literary canons but to critical canons as well.In the final development in his attempt to prove that a mimetic investment in female pain is the basic theoretical strategy deployed by all female readers, Lipking provides an analysis of recent feminist theorists ending with this characterization of the authors of The Madwoman in the Attic: “Sandra Gilbert and Susan Gubar gaze at the mad and outcast heroines of the nineteenth century as if into a mirror” . Thus Gilbert and Gubar—Lipking also cites the examples of Kate Millett and Ellen Moers—become the most recent incarnations of the abandoned literary woman, the literary critic whose views originate in her fear of abandonment. If my analysis of strategies of canon formation deployed in earlier centuries is correct, then the pronouncement from Lipking’s article with which I opened this essay may be a red herring. “In the absence of mothers, a father must raise the right issues.” Lipking may be calling for “a poetics of abandonment” not in response to a perceived maternal deficiency, but in order to consign strong female critics to abandonment, out of a Phaeton complex, a fear that, unless female theorists are cast off, critical sons may have an increasingly difficult time proving their legitimacy. Joan DeJean is professor of French at Princeton University. Her most recent book is Literary Fortifications: Rousseau, Laclos, Sade, and she is currently at work on a study to be titled Fictions of Sappho: Sappho’s Presence in French Literature, 1546-1937. (shrink)

Resumen: Las normas de propiedad intelectual y copyright prevén un periodo de protección otorgando unos derechos económicos exclusivos y temporales. Pasado un plazo determinado, las obras protegidas entran en lo que se denomina dominio público. Éste suele ser considerado como el momento en el que los bienes culturales pasan a estar bajo el dominio y control de la sociedad en conjunto. El presente trabajo pretende argumentar que, dado nuestro actual sistema económico, en realidad el dominio público funciona más como una (...) posibilidad de negocio para determinadas empresas que como una verdadera opción para que el público pueda acceder a las obras. Abstract: The legislation of continental intellectual property and copyright provide for a period of protection granting exclusive and temporary economic rights. After a certain period, protected works enter into what is called the public domain. This is often considered as the moment in which the cultural goods come under the control and domain of society as a whole. The present paper pretends to argue that, given our current economic system, the public domain actually functions more as a business opportunity for certain companies than as a real option for the public to access artistic and intellectual works. (shrink)

In an increasingly globalized food economy, local agri-food initiatives are promoted as more sustainable alternatives, both for small-scale producers and ecologically conscious consumers. However, revitalizing local agri-food communities in rural agro-industrial regions is particularly challenging. This case study examines Grant and Chelan Counties, two industrial farming regions in rural Central Washington State, distant from the urban fringe. Farmers in these counties have tried diversifying large-scale processing into organics and marketing niche and organic produce at popular farmers markets in Seattle (...) about 200 miles away. Such strategies invoke the question, “How are ‘local’ agri-food networks socially and geographically defined?” The meaning of what constitutes “local” and/or “sustainable” systems merits consideration in the linking of these rural counties with distant urban farmers markets. Employing historical, in-depth interview and survey research, we analyze production and consumption networks and the non-market systems that residents in these counties access for self-provisioning and food security. (shrink)

Natalie Davis is a quintessential storyteller in the way theorized by Walter Benjamin, Hannah Arendt, and Michel de Certeau. Her work decenters history not simply because it grants agency and so historical visibility to those who have been hidden from history or left on its margins, but also because her stories reveal the complexities of human experience and so challenge the received categories with which we are accustomed to thinking about the world.

Respect is a cardinal virtue in schools and foundational to our common ethical beliefs, yet its meaning is muddled. For philosophers Kant, Mill, and Rawls, whose influential theories span three centuries, respect includes appreciation of universal human dignity, equality, and autonomy. In their view children, possessors of human dignity, but without perspective and reasoning ability, are entitled only to the most minimal respect. While undeserving of mutual respect they are nonetheless expected to show unilateral respect. Dewey and Piaget, scions of (...) the same liberal tradition, grant children a larger degree of autonomy and equality thereby approximating the full respect conditions reserved for adults in the prior theories. In this article, after reviewing the premises of respect, I attempt to blend the divide - between minimal and full respect - by separating respect-due from respect-earned . While the former, premised on human dignity, should be granted unconditionally to all, the latter is contingent upon qualities that one possesses or acquires over time. Adding the notion of respect-due is a constraint on the prevalent school practice of turning respect into demands for deference. The relevance of this distinction is discussed in terms of student-teacher relationships. (shrink)

Medical ethics committees are increasingly called on to assist doctors, patients, and families in resolving difficult ethics issues. Although committees are becoming more sophisticated in the substance of medical ethics, little attention has been given to the processes these committees use to facilitate decision-making. In 1990, the National Institute for Dispute Resolution in Washington, D.C., provided a planning grant from its Innovation Fund to the Institute of Public Law of the University of New Mexico School of Law to look (...) at what ethics committees can learn from facilitation and mediation techniques. The study's thesis was that, if adapted for use by medical ethics committees, facilitation and mediation techniques can be helpful to those bodies in case review consultations and in other internal committee processes. This article reports on that project. (shrink)

This study investigates the reaction of high school students in an alternative urban secondary school to highly controlling, authoritarian practices. Premised on the published theories, we imagined that students would object to the regime and consider it unduly repressive. Student reactions were elicited through questionnaires and interviews. To our considerable surprise, most respondents approved of the authoritarian regime and disapproved of granting students more self-expression. Most have come to believe that they do not deserve freedom from pervasive rules, for they (...) will indeed abuse it. As one child said approvingly, ?This is a disciplinary school? ? you give up freedom and accept rules. We discuss the implications of such a strong identification with the school's norms and the consequent distrust of personal autonomy. (shrink)

In the educational sphere, the concept of democracy is used in many and varied ways, though the hegemonic school culture often starts from a concept of democracy that is taken for granted, and it is understood that the entire educational community shares a similar concept. As a result of the research project “Democracy, participation and inclusive education in schools” we realized that the above-mentioned concept is used without being accurately defined in the school setting. This observation is what has prompted (...) us to write this article, basically structured in two parts. In the first part, based on the theoretical debate occurring in the field of social sciences, we delimit the concept of democracy and structure it in four basic dimensions: governance, inhabitance, otherness and ethos. In the second part, we specify and examine in depth these four dimensions in the school setting in order to construct a broad and transversal, yet specific, definition, with which to be able to develop ambitious democratic projects and, in turn, contribute to scientific debate. (shrink)

Background: A high prevalence of cognitive impairment and frailty complicates the feasibility of advance care planning in the long-term-care population. Research aim: To identify challenges in implementing the ‘Let Me Decide’ advance care planning programme in long-term-care. Research design: This feasibility study had two phases: (1) staff education on advance care planning and (2) structured advance care planning by staff with residents and families. Participants and research context: long-term-care residents in two nursing homes and one community hospital. Ethical considerations: The (...) local research ethics committee granted ethical approval. Findings: Following implementation, over 50% of all residents had completed some form of end-of-life care plan. Of the 70 residents who died in the post-implementation period, 14% had no care plan, 10% (with capacity) completed an advance care directive and lacking such capacity, 76% had an end-of-life care plan completed for them by the medical team, following discussions with the resident (if able) and family. The considerable logistical challenge of releasing staff for training triggered development of an e-learning programme to facilitate training. Discussion: The challenges encountered were largely concerned with preserving resident’s autonomy, avoiding harm and suboptimal or crisis decision-making, and ensuring residents were treated fairly through optimisation of finite resources. Conclusions: Although it may be too late for many long-term-care residents to complete their own advance care directive, the ‘ Let Me Decide’ programme includes a feasible and acceptable option for structured end-of-life care planning for residents with variable capacity to complete an advance care directive, involving discussion with the resident (to the extent they were able) and their family. While end-of-life care planning was time-consuming to deliver, nursing staff were willing to overcome this and take ownership of the programme, once the benefits in improved communication and enhanced peace of mind among all parties involved became apparent in practice. (shrink)

When the cluster on “Sexual Expressions” began to take shape, one of the first people I thought of to serve as a referee was Joan Mason-Grant, given her longstanding philosophical and activist interest in pornography. It was with great sorrow that I learned, when I contacted her, that she had been diagnosed with a fast moving cancer. Joan was most interested to hear about this emerging “found cluster”; “it sounds like an interesting issue of Hypatia to look (...) forward to, but unfortunately my own academic work has had to be suspended” (May 17, 2009). She died just four days later. (shrink)

This is an interview with author Lester Grinspoon, M.D., whose work on psychoactive substances over the last thirty‐five years has been highly influential. His book, Marihuana: The Forbidden Medicine (written with James B. Bakalar), is a classic source on the medical marijuana controversy. His books Psychedelic Drugs Reconsidered and Cocaine: A Drug and Its Social Evolution are standards in the field. Dr. Grinspoon received his M.D. from Harvard Medical School and currently is associate professor emeritus at Harvard Medical School. His (...) academic work has also reached a general audience through publications ranging from the New York Times Book Review to Playboy. Describing him as the "complete medical scholar," his citation for the Lindesmith Award for Achievement in the Field of Scholarship also notes, "Lester Grinspoon represents all those scholars who report the results of their research truthfully, despite the political consequences of this unwelcomed honesty.". (shrink)

This paper examines several primarily academic discourses on corruption to demarcate the assumptions embedded within each one. It begins by discussing different definitions of corruption, which leads to an identification of five prominent discourses on the subject that are examined in some detail. The paper concludes by considering some implications of this analysis.

Culture in humans connotes tradition, norms, ritual, technology, and social learning, but also cultural events like operas or gallery openings. Culture is in part about what we do, but also sometimes about what we ought to do. Human culture is inextricably intertwined with language and much of what we learn and transmit to others comes through written or spoken language. Given the complexities of human culture, it might seem that we are the only species that exhibits culture. How, then, are (...) we to make sense of culture in animals? The study of animal culture is a booming research area. Culture is said to occur in a wide range of vertebrates from our close kin, chimpanzees and orangutans, to more distant relatives like rats and whales. Could these studies be misleading in that they are not actually studying culture but simply misapplying the term ‘culture’? Or is what is labeled culture in animals at the core of human culture, so that although human culture is more elaborate than animal culture, it is different in degree, not kind? While it is certainly easy to intentionally define culture in a way that makes it unique to humans, because of the growing field of animal culture, it would be most useful to attempt to offer a definition of culture that makes sense of how it is used by psychologists, biologists, anthropologists, and others who use the term culture in studies of animal behavior. The challenge is to produce a concept that is broad enough to be able to apply across humans and animals, but not be so anemic that it cannot do justice to human culture. Because of this, I will here construct a definition of animal culture and draw out some of its implications. (shrink)

A critical review essay, this work explains the methodological, material, and ideological reasons for why "diversity" initiatives in philosophy face an up-hill battle.

Sustainability education entails transforming values and habits as well as developing skills. Much progress has been made in developing the appropriate teaching and learning strategies which not only impart knowledge but shape attitudes and behaviour. However little attention has been given to the education of the educators who often are teaching and learning at the same time. A particularly important but also challenging competency to teach is systems thinking. This paper is based on the teaching and learning experience of two (...) of the authors who teach the same sustainability paper in different semesters in a business faculty. A two-tier reflection presents their learning journey. The reflection of the first author focuses on the challenges experienced with teaching systems thinking in the first semester. The reflection of the second author is based on the next iteration of the course modified in light of the first author’s learnings including the incorporation of student-faculty partnerships. The paper outlines practices and learning associated with this intervention. (shrink)

The Italian Republic was created at the close of World War II by the political forces that had taken part in the Resistance, with an explicitly anti-fascist ideological foundation. However, the official commitment to anti-fascism and democracy was belied by the continuing role of neo-fascist parties and organizations in the political system. This role was firstly as a potential alternative source of support for the ruling Christian Democrats, and secondly as the key element of a hidden network ready to use (...) violent and undemocratic means to condition the normal political process. This network moved into action at the height of the “strategy of tension” (1969–80). Analysis of this period leads us to reassess the nature of postwar Italian democracy. In the “Second Republic” (post-1994) Silvio Berlusconi has promoted a revisionist approach to Fascism and the Resistance as part of his own strategy to maintain himself in power, while also espousing a plebiscitarian conception of democracy that presents certain analogies with the methods and style of the Fascist regime. (shrink)

This article will consider sound as a glue between internal and external experience, a link between sensing and cognition, memory and perception. In looking at research in neuroscience, specifically Eugene Izhikevich’s work with models of spiking neurons, parallels may be drawn with faulty source monitoring where a subject cannot differentiate between external and internal stimuli, and with a collapsing of present into the past. These ideas will be discussed through a number of sonic artworks that have neural plasticity, space and (...) location at their core. (shrink)

A. F. Bentley’s The Process of Government (1908) is widely accepted as an important source of contemporary interest group study. This paper argues to the contrary that Bentley’s arguments in this area are obscure and have contributed little to the programme of modern interest group research. His importance is as a contributor to the debate on the nature of social science and social science method and not as the starting-point for interest group analysis. The judgement about his role as a (...) social scientist should rest on consideration of his body of work and not simply the one book. In terms of his much cited book, Bentley, it is argued, is misread. The central purpose of this article is to explore the consequences of that misinterpretation. The misreading of The Process of Government, and the unmerited assumption that it is directly connected to modern interest group theory, has led to a misunderstanding of that contemporary theory. In particular his use of the term ‘group’ is much wider in scope than is now usually followed. This means that his claims are not so uni-dimensional as they appear when extracted from their context. Bentley used the term in a sociological sense that included informal social associations as ‘groups’: these are not the sort of formal, collective organizations of the interest group type as identified in political science. It is argued that the major sources of ideas current in the interest group field are Truman (1951) and the case-study authors of the 1930s such as Odegard, Childs, Herring and Schattschneider. Bentley’s contribution to political science is not as progenitor of interest group studies, but his emphasis on process anticipates the policy studies movement. (shrink)

Does Frege have a metatheory for his logic? There is an obvious and uncontroversial sense in which he does. Frege introduces and discusses his new logic in natural language; he argues, in response to criticisms of Begriffsschrift, that his logic is superior to Boole's by discussing formal features of both systems. In so far as the enterprise of using natural language to introduce, discuss, and argue about features of a formal system is metatheoretic, there can be no doubt: Frege has (...) a metatheory. There is also an obvious and uncontroversial sense in which Frege does not have a metatheory for his logic. The model theoretic semantics with which we are familiar today are a post-Fregean development. The question I address in this paper is, does Frege have a metatheory in the following sense: do his justifications of his basic laws and rules of inference employ, or even require, ineliminable use of a truth predicate and metalinguistic variables? My answer is ‘no’ on both counts. I argue that Frege neither uses, nor has any need to use, a truth predicate or metalinguistic variables in his justifications of his basic laws and rules of inference. Quine's famous explanation of the need for semantic ascent simply does not apply to Frege's logic. The purpose of the discussions that are typically understood as constituting Frege's metatheory is, rather, elucidatory. And once we see what the aim of these particular elucidations is, we can explain Frege's otherwise puzzling eschewal of the truth predicate in his discussions of the justification of the laws and rules of inference. (shrink)