Peindre si bien que la toile est un objet vivant est un exploit technique qui fut atteint par peu. Francis Bacon obtint de la toile qu’elle fasse son affaire de préserver en elle la vie, tandis que Carbonnier, avec une semblable modestie devant la toile et le métier, obtint que la Loi ne soit qu’un cadre, mais qu’elle ne laisse pourtant cette place-là à personne et surtout pas à l’opinion publique, afin que chacun puisse à sa façon et dans (...) ce cadre-là faire son propre droit, sur lequel le législateur dans sa délicatesse et pour reprendre les termes du Doyen n’appose qu’un « mince vernis ». Ces deux maîtres de l’art construisaient des cadres avec des principes rudimentaires pour que, sur cette toile, le mouvement advienne par lui-même. Ainsi la Législation créée par Carbonnier offrit à chaque famille la liberté de tisser chaque jour son droit. Mais c’est pourtant bien au Législateur seul que revint et doit revenir l’enfance de l’art consistant à tendre la toile sur le métier. Il est alors possible, comme le fit Bacon, d’obtenir un objet immobile qui permet que surgissent sans cesse les figures mobiles. Les gribouillis réglementaires sont à mille lieues de cet Art législatif-là. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 25.1 (2001) 142-154 [Access article in PDF] Critical Discussions The Fortunes of Avant-Garde Poetry Mary Anne O'Neil Invisible Fences. Prose Poetry as a Genre in French and American Literature, by Steven Monte; xii & 298 pp. Lincoln: University of Nebraska Press, 2000, $50.00. Modern Visual Poetry, by Willard Bohn; 321 pp. Newark: University of Delaware Press, 2000, $47.00. The situation of French poetry at (...) the turn of the twenty-first century is far different from what it was during the last fin de siècle. In 1900, poetry was a booming art, and France was home to numerous poets of varied inspiration and expression. The religious verse of Claudel and Péguy shared the attention of the reading public with the philosophical poetry of Valéry and the futuristic celebrations of Paris and modern life found in Apollinaire's Alcools and Calligrammes. Long poems, short poems, poems written in standard verse, free verse, prose, and even published as drawings, suggested that the golden age of poetry begun in the early nineteenth century by the Romantics and continued after 1850 by Baudelaire, Verlaine, Rimbaud, and Mallarmé, would not soon come to an end. This indeed proved to be the case, for the heirs of the Symbolist tradition of the first decade of the twentieth century were soon followed by the Surrealist revolutionaries of the 1920s and 1930s, many of whom directed their talents to the composition of political verse at the time of the Second World War. Political poetry by and large disappeared from France after 1950, only to be [End Page 142] succeeded over the next two decades by two very different types of verse. On the one hand, writers like St. John Perse and Pierre Jean Jouve produced difficult works whose appeal was limited to a sophisticated audience, while lyricists, such as Jacques Prévert and even the songwriter Georges Brassens, made poetry more accessible to the general public, often through popular songs. The fact that, during the days of May 1968, students scrawled verses of the Surrealist-Communist poet Paul Eluard on the walls of the Sorbonne to encourage efforts to bring down the social order attests to the power exerted by poetry on the intellectual life of France well into the second half of the twentieth century. Such, however, is no longer the case today. There are only two well-known living French poets, Francis Ponge and Yves Bonnefoy. While reviews dedicated to original poetry do still exist, especially in the south of France where the poetic arm of the French Resistance was most active in the 1940s, poetry attracts many fewer readers--and fewer writers--than it did even fifty years ago.Such a radical change merits some reflection. What has happened to French poetry since the mid-twentieth century? In a sense, all good things must come to an end sometime, and a century and a half of inventiveness and poetic energy may simply have run its natural course. French publishing houses, well aware that prose sells better than verse, have done little to encourage young poets. However, certain trends in the subject matter and form of contemporary French poetry have probably contributed to the current lack of interest. Since the end of the Second World War, French poets have concerned themselves almost uniquely with everyday life--common objects, geographical locales, and ordinary people. This obsession with the ordinary has produced some excellent poetry, especially René Char's evocations of Provençal landscapes and Yves Bonnefoy's treatments of childhood. Yet, this concentration on everyday life has severed poetry from the traditional subjects that have sustained it ever since classical antiquity, such as the celebration of heroic figures and heroic deeds, philosophical and religious inquiry, love, loss, prophetic vision. This very narrow range of subject risks consigning poetry to the status of a minor art. At the turn of the twenty-first century, French poetry also finds itself at the end of a very long period of formal experimentation that began in the second half of the nineteenth century and which includes... (shrink)

This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in today's multi-layered world. The collection of essays (...) is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written. Each chapter has been written by a presiding judge, or head of an institution and the book is divided into three parts: - Part I Art and Method - Part II Justice and the Judiciary - Part III Reasoning and Language(s). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ch'an/Zen-Catholic Dialogue Spreads a "Welcome Table" at the 2009 Annual MeetingFrancis V. TisoA retreat program designed by the participants in the ongoing Ch'an/Zen-Catholic Dialogue explored the dialogue of religious experience and the dialogue of life, set amid the redwoods of Guerneville, California. The 28–31 January 2009 meeting was cochaired by the Rev. Heng Sure of the Berkeley Buddhist Monastery and the Institute for World Religions, Berkeley, California, and by (...) Most Rev. John C. Wester, Bishop of Salt Lake City, Utah.Sr. Mary Ann Donovan of the Jesuit School of Theology, Berkeley, led an experience of lectio divina based on John 15:1–17, Jesus's simile of the vine and the branches. Rev. Victoria Austin of the San Francisco Zen Center gave an "encouragement talk," which would typically be delivered to Zen retreatants. She referred to the Gospel passage, noting: "We don't prune the vine because it is dead, but because it has the capacity to be fruitful. We don't purify the mind to get rid of dirt, but to return to the mind's original purity, which is the source of our conscience and is the true life within us." Rev. Jan Chosen Bays of Great Vow Zen Monastery in Oregon observed that "Vows make our life energy more focused, keeping us from losing purpose and meaning. Vows prune away unnecessary things. When we ask for help with the challenge of being faithful to our vows, we call up and encounter unexpected sources of support and 'grace.' "The Ch'an Buddhist presentation focused on meditation experience, which was described as "recovering the natural state of the mind." Prof. Martin Verhoeven of the Pacific School of Religion pointed out that in meditation "we are returning to the origin, not moving forward to 'gain something.'" Linking ethical engagement with contemplation, he said, "When the mind of a meditator is motivated to act out of genuine compassion, its action is accurate and correct. Action is neither driven nor obstructed by ego or sentiment." These comments resonated with Rev. Heng Sure's presentation on the statement on the environment from the recent Gethsemane III conference "Simple and Sufficient," in which Buddhist and Christian monastics embraced an ecologically valid way of life. Urging the group to notice the connections between contemplation and ethical action, Bishop John C. Wester commented: "This [End Page 145] work embodies mercy by lifting people up; it embodies justice as it arises out of our common humanity."Because of the financial challenges that all three sponsoring institutions are facing, it was decided to conclude formal sponsorship of the Ch'an/Zen-Catholic Dialogue with this meeting. However, participants agreed to work together to reconstitute the dialogue regionally. A steering committee was designated to undertake new logistical arrangements and to draft a narrative of the previous seven years of dialogue for posting on our respective websites. Bishop Wester summarized the convictions of participants, both Buddhist and Catholic, by observing: "It is impossible not to be affected by this experience. Dialogue in this atmosphere has had an impact on my own way of ministering to others. I feel that my faith, sensitivity, compassion, and reverence have been enhanced by participating in these meetings."Participants in the 2009 dialogue meeting included Rev. Heng Sure, Berkeley Buddhist Monastery; Bishop John C. Wester, Salt Lake City; Dr. Snjezana Akpinar, Dharma Realm Buddhist University; Rev. Gigen Victoria Austin, San Francisco Zen Center; Rev. Jan Chozen Bays, Great Vow Zen Monastery; Sr. Phyllis D'Anna, SND, Zen Center, Palo Alto; Sr. Mary Ann Donovan, SC, Jesuit School of Theology at Berkeley; Dr. Ron Epstein, Dharma Realm Buddhist Association; Mrs. Lorraine Moriarty, Society of St. Vincent De Paul; Bhikshuni Heng Jiao, City of 10,000 Buddhas; Bhikshuni Heng Liang, City of 10,000 Buddhas; Rev. Canon Francis Tiso, United States Conference of Catholic Bishops; Rev. James Massa, United States Conference of Catholic Bishops; Rev. Thomas W. Devereaux, Diocese of Santa Rosa ecumenical and interreligious officer; Dr. Martin Verhoeven, Pacific School of Religion; and Ron Brown, observer (Cloverdale, California). [End Page 146]Francis V. TisoUnited States Conference of Catholic BishopsCopyright © 2009 University of Hawai'i Press... (shrink)

God, Sex, Science, Gender: An Interdisciplinary Approach to Christian Ethics is a timely, wide-ranging attempt to rescue dialogues on human sexuality, sexual diversity, and gender from insular exchanges based primarily on biblical scholarship and denominational ideology. Too often, dialogues on sexuality and gender devolve into the repetition of party lines and defensive postures, without considering the interdisciplinary body of scholarly research on this complex subject. This volume expands beyond the usual parameters, opening the discussion to scholars in the humanities, social (...) sciences, and natural sciences to foster the development of Christian sexual ethics for contemporary times. Essays by prominent and emerging scholars in the fields of anthropology, sociology, psychology, philosophy, literary studies, theology, and ethics reveal how faith and reason can illuminate our understanding of human sexual and gender diversity. Focusing on the intersection of theology and science and incorporating feminist theory, God, Sex, Science, Gender is a much-needed call for Christian ethicists to map the origins and full range of human sexual experience and gender identity. Essays delve into why human sexuality and gender can be so controversial in Christian contexts, investigate the complexity of sexuality in humans and other species, and reveal the implications of diversity for Christian moral theology. Contributors are Joel Brown, James Calcagno, Francis J. Catania, Pamela L. Caughie, Robin Colburn, Robert Di Vito, Terry Grande, Frank Fennell, Anne E. Figert, Patricia Beattie Jung, Fred Kniss, John McCarthy, Jon Nilson, Stephen J. Pope, Susan A. Ross, Joan Roughgarden, and Aana Marie Vigen. (shrink)

This chapter contains sections titled: What is Moral Status? The Moral Agency Theory The Genetic Humanity Theory The Sentience Theory The Organic Life Theory Two Relationship‐based Theories Combining these Criteria Principles of Moral Status Human Zygotes, Embryos, and Fetuses Are All Animals Equal? Machines and Artificial Life‐forms Conclusion.

The past 25 years have seen an upsurge of interest in the figure of Mary Magdalene, whose image has been transformed through feminist scholarship from penitent prostitute to prominent disciple of Jesus. This article documents another, non-academic, interpretation of Mary Magdalene – the image of Mary as goddess or embodiment of the female divine. The most influential proponent of this view is Margaret Starbird, who hypothesizes that Mary was both Jesus’ wife and his divine feminine counterpart. (...) The author suggests that feminist theologians/thealogians should be aware of this popular understanding of Mary; and consider what it is about Mary Magdalene as the sacred feminine/bride of Jesus/sophia that captures the public imagination in a way that other feminist christologies do not. (shrink)

Mary Anne Warren investigates a theoretical question that is at the centre of practical and professional ethics: what are the criteria for having moral status? That is: what does it take to be an entity towards which people have moral considerations? Warren argues that no single property will do as a sole criterion, and puts forward seven basic principles which establish moral status. She then applies these principles to three controversial moral issues: voluntary euthanasia, abortion, and the status (...) of non-human animals. (shrink)

Building on Merleau-Ponty’s recognition of the mutually expressive relation between the body and the space it occupies, I borrow from queer and feminist phenomenologies to reflect on the spatiality of subjects constrained to heterosexuality – a constraint that functions as a common ground, always already present, of the kind that Merleau-Ponty argued was constitutive of subject/world relations. If it is the case, as many feminist theorists after Adrienne Rich argued, that the patriarchal norm orients us early on toward the opposite (...) gender, then there is much to be learned from studying the notion of feminine space and the erasure of the subject in this space -an erasure that has been largely discussed within recent feminist phenomenological work, notably in relation to the contrasting extension of men in space –, particularly as both are established in relation to male desire. Our aim is to argue that because it is temporal, and because it involves sedimentation and habit, the study of this orientational constraint through the lens of Merleau-Ponty could allow us to open up the future of gendered norms, and, through this, of gendered practices of sharing space. (shrink)

In 1989, Helga Wanglie, 86 years old, broke her hip. This began a medical downhill course that a year later caused her health care providers to conclude that she would not benefit from continued medical treatment. It would be futile, and therefore, should not be provided. Her husband disagreed, and the conflict eventually led to a lawsuit. The Wanglie case touched off an extended debate in the medical and bioethical literature about medical futility: what it means and how useful the (...) concept is in making ethical decisions about starting or stopping treatment. (shrink)

Mary Anne Perkins re-examines Coleridge's claim to have developed a "logosophic" system which attempted "to reduce all knowledges into harmony." She pays particular attention to his later writings, some of which are still unpublished. She suggests that the accusations of plagiarism and of muddled, abstruse metaphysics which have been levelled at him may be challenged by a thorough reading of his work in which its unifying principle is revealed. She explores the various meanings of the term "logos," a (...) recurrent theme in every area of Coleridge's thought--philosophy, religion, natural science, history, political and social criticism, literary theory, and psychology. Coleridge was responding to the concerns of his own time, a revolutionary age in which increasing intellectual and moral fragmentation and confusion seemed to him to threaten both individuals and society. Drawing on the whole of Western intellectual history, he offered a ground for philosophy which was relational rather than mechanistic. He is one of those few thinkers whose work appears to become more interesting and his perceptions more acute as the historical gulf widens. This book is a contribution to the reassessment that he deserves. (shrink)

When deciding what disorders to screen newborns for, we should be guided by evidence of real effectiveness, take opportunity cost into account, distribute costs and benefits fairly, and respect human rights. Current newborn screening policy does not meet these requirements.

The author compares the theoretical elements of her grounded theory, Protecting Self: Experiencing Organizational Change, with autopoiesis, a biological theory of living systems. Autopoiesis, meaning self-production, is a closed system that recursively generates the same organization, components, and network of processes from which they are produced. A cautious extrapolation of theoretical similarities between the two theories is presented, including self-referentiality, self-maintenance, circularity, individuality, and the maintenance of identity. The author concludes that this comparison provides a thought-provoking argument that supports the (...) difficult process of individual and organizational learning, growth, and change. (shrink)

Cosgrove, Mary-Anne Below are 'talking points' based on an article in AH No. 121, 'AI on the Go: Notes on the current development and use of Artificial Intelligence', by Carl Mahoney. Carl is a Humanist Society of Victoria member, and was professor and Dean of the Faculty of Architecture and Building, University of Technology, Papua New Guinea.

The Forum and the Tower tackles a fascinating and perennial topic: the relationship between the academy and the world of politics. The accomplished Harvard law professor Mary Ann Glendon traces this crucial relationship from Classical Greece taking readers through the Roman Empire, Renaissance Italy, the English revolution, the Federalist era in the US, the French Revolution, the Napoleonic wars, the Concert of Europe, the progressive era, and the New Deal/World War II era.

This book explores the ethical implications of managing uncertainty in clinical decision-making during the COVID-19 pandemic. It develops an ethics of clinical uncertainty that brings together insights from the clinical and biomedical ethical literatures. The book sets out to recognize the central role uncertainty plays in clinical decision-making and to acknowledge the different levels, kinds, and dimensions of clinical uncertainty. It also aims to aid clinicians and patients in managing clinical uncertainty, and to recognize the ethical duty they have to (...) manage clinical uncertainty. The book addresses four ethical duties related to clinical uncertainty: (1) the duty to advance the welfare of those in clinical medicine, (2) to respect the rights of those in clinical medicine, (3) to promote just access to health care, and (4) to care for one another in clinical medicine. These duties took on select urgency during the COVID-19 pandemic because clinical risk assessments about COVID-19 were limited, we were asked to give informed consent in the context of limited and changing knowledge, the pandemic unearthed myriad problems about the distribution of health care, and the pandemic raised questions about how we care for each other in medicine. An Ethics of Clinical Uncertainty will appeal to scholars, advanced students, and medical professionals working in philosophy of medicine, biomedical ethics, clinical medicine, nursing, public health care, and gerontology. (shrink)

In an age where digital images are omnipresent, the use of participant photography in qualitative research has become accessible and commonplace. Yet, scant attention is paid to the social justice impact of photovoice amongst studies that have used this innovative method as a way to promote social justice. There is a need to review this method to understand its contributions and possibilities. This literature review of photovoice research studies (i) explores whether authors implicitly or explicitly related the methodologies to their (...) aims of promoting social justice (methodology–method fit) and (ii) outlines the social justice research impact of photovoice findings using the framework of social justice awareness, amelioration and transformation. PubMed, Scopus, PsycINFO and Web of Science databases were searched from the years 2008–13 using the following keywords: photovoice; photonovella; photovoice and social justice; and photovoice and participatory action research. Of the 30 research studies reviewed, only thirteen identified an underlying methodology guiding the photovoice method. The social justice impacts emphasized were more related to social justice awareness (n = 30) than amelioration (n = 11) or transformation (n = 3). Future researchers using photovoice as a way to promote social justice are encouraged to assess and plan for the social justice impact desired. (shrink)

By a potential person I shall mean an entity which is not now a person but which is capable of developing into a person, given certain biologically and/or technologically possible conditions. This is admittedly a narrower sense than some would attach to the term ‘potential'. After all, people of the twenty-fifth century, if such there will be, are in some sense potential people now, even though the specific biological entities from which they will develop, i.e. the particular gametes or concepti, (...) do not yet exist. For there do exist, in the reproductive capacities of people now living and in the earth's resources, conditions adequate to produce these future people eventually, provided of course that various possible catastrophes are avoided. Indeed, in some sense of ‘potential’ there have been countless billions of potential people from the beginning of time. But I am concerned not with such remote potentialities but with currently existing entities that are capable of developing into people. (shrink)

This chapter contains sections titled: The Arguments for the Freedom to Choose Fetal Life and Humanity The Argument from Fetal Potential Abortion and Fetal Development Making Abortion Difficult to Obtain Ideological Bases of the Abortion Debate Conclusion References.

This survey on biotechnology and bioethics was carried out on national random samples of the public and scientists in November 2000-January 2000 throughout Japan, and attendees at the Novartis Life Science Forum held on 29 September, 1999 in Tokyo. The sample size was 297, 370, and 74 respectively. While there is better awareness of GMOs in 2000 compared to 1991; the trend shows an increase in the perceived risks of GMOs followed by growing resistance in Japan. While a majority of (...) persons believed genetic engineering would make life better over the next twenty years, the proportion of respondents who thought genetic engineering would make life worse over the next twenty years doubled from 1997 to 2000. Respondents were asked whether they had heard about applications in several areas and the order of familiarity was: pest-resistant crops, human genes in bacteria, mouse to develop cancer, food and drinks, pigs with human hearts and pre-implantation diagnosis. A divide of opinion can be seen when the results on benefit, risk and moral acceptability of applications of biotechnology by the public are compared to the forum and scientist samples.A significant change in the acceptance of the public occurred in 2000 where only 22% agreed on the moral acceptability of GM food compared to 41% in 1997. In 2000 fewer people said they are willing to buy genetically modified fruits that taste better compared to 1997. The results show less public support for use of gene therapy than 1993 and twice as many scientists rejected gene therapy than they did in 1991.When asked whom is best placed to regulate modern biotechnology, the respondents were overwhelmingly in favor of international regulatory bodies, such as the United Nations and the World Health Organization, rather than national bodies. The comparison between scientists and public is interesting, however the more enthusastic sample were participants from the Novartis Life Science Forum with its mixed occupations. (shrink)

This article offers a new hypothesis regarding Judg. 11.39d-40, a reference to an otherwise unknown festival celebrated by the ‘daughters of Israel’ in memory of the sacrifice of Jepththah’s daughter. After a survey of feminist and non-feminist speculations as to the nature of the festival, evidence from Greek heroine cults in which daughters are sacrificed for the good of the state is adduced as the closest parallel in ancient literature. The article concludes with some feminist theological considerations occasioned by the (...) patriotic and military nature of the festival. (shrink)

Relire l’histoire de l’école des filles à l’aune des dynamiques suburbaines du xxe siècle, tel est le projet novateur poursuivi par l’auteure de cet ouvrage, issu d’une thèse de doctorat soutenue en 2011 et récompensée par le prix de thèse de l’université Paris-Est. Ce croisement entre l’histoire de l’enseignement féminin, l’histoire urbaine et l’histoire du genre vient alimenter une historiographie de l’école des filles au xxe siècle encore bien fragmentaire. L’étude offre en effet une persp...

The engagement of the Catholic Church with the post-World War II international human rights project has been marked from the beginning by strong support coupled with pointed reminders of larger issues left unaddressed. In the 1990s, when the Universal Declaration of Human Rights came under assault from many directions, the Catholic Church was the strongest institutional defender of the entire body of principles in that historic document. Today, with the human rights project in crisis, its future may well hinge on (...) how its defenders deal with problems to which Church leaders have repeatedly called attention. Prominent among these is the question of what happens to freedom when man “goes off in search of an illusory freedom apart from truth itself ”(John Paul II, Veritatis splendor, n. 1). (shrink)