The American presidential election of 2000 was perhaps the most remarkable, and in many ways the most unsettling, that the country has yet experienced. The millennial election raised fundamental questions not only about American democracy, but also about the nation's constitution and about the legitimate role of American courts, state and federal, and in particular about the United States Supreme Court. _The Longest Night _presents a lively and informed reaction to the legal aftermath of the election by the most prominent (...) experts on the subject. With a balance of opposing views—including those of some of the most distinguished foreign commentators writing on the subject today—the contributors present an unusual breadth of perspectives in addressing the judicial, institutional, and political questions involved in the disputed election. Their commentaries bring the confusion and frenzy of the event into clear focus and lay the groundwork for an essential public debate that is sure to continue well into the future._ _The Longest Night _contains a thorough chronology of the events in Florida, a detailed account of the institutional structure of American presidential elections, a series of analyses both criticizing and defending the decisions in _Bush v. Gore, _American perspectives on the Florida struggle and America's electoral system, and a debate on maintaining or reforming the electoral college. The authors include participants in the legal and political battles surrounding the Florida election, foreigners charged with monitoring and supervising elections, and scholars from many disciplines specializing in constitutionalism, democracy, and American election law. _Contributors__. (shrink)

Infertility patients and patient advocates have long argued for classifying infertility as a disease, in the hopes that this recognition would improve coverage for and access to fertility treatment. However, for many fertility patients, including older women, single women and same-sex couples, infertility does not represent a true disease state. Therefore, while calling infertility a ‘disease’ may seem politically advantageous, it might actually exclude patients with ‘social’ or ‘relational’ infertility from treatment. What is needed is a new conceptual framing of (...) infertility that better reflects the profound significance of being infertile for many people and the importance of addressing infertility in order to improve their lives. In this paper, we argue that the capability approach provides this moral underpinning. The capability approach is concerned with what people are able todo, and whether they are able to act in a way that is in keeping with their own values and goals. The ability to procreate and build a family is a fundamental capacity and can be a major part of self-fulfilment, regardless of sexual orientation or family arrangement. Since the capability approach asks us to conceive of equality in terms of equal capabilities, it provides a strong ethical impetus for society to help those who cannot conceive on their own to do so with assisted reproduction. (shrink)

Abstract:Facial transplantation is emerging as a therapeutic option for self-inflicted gunshot wounds. The self-inflicted nature of this injury raises questions about the appropriate role of self-harm in determining patient eligibility. Potential candidates for facial transplantation undergo extensive psychosocial screening. The presence of a self-inflicted gunshot wound warrants special attention to ensure that a patient is prepared to undergo a demanding procedure that poses significant risk, as well as stringent lifelong management. Herein, we explore the ethics of considering mechanism of injury (...) in the patient selection process, referring to the precedent set forth in solid organ transplantation. We also consider the available evidence regarding outcomes of individuals transplanted for self-inflicted mechanisms of injury in both solid organ and facial transplantation. We conclude that while the presence of a self-inflicted gunshot wound is significant in the overall evaluation of the candidate, it does not on its own warrant exclusion from consideration for a facial transplantation. (shrink)

Prefrontal cerebral areas project to Purkinje cells, located in the most lateral part of the cerebellum, via mossy and climbing fibers. The latter olivary error signals reflect the attentional load of the prefrontal cortex. At the cerebral level, LTP-LTD plasticity allows these Purkinje cells to adaptively reinforce the active pyramidal cells involved in the motor sequence.

As the field of vascularized composite allotransplantation (VCA) continues to evolve and technological approaches improve, VCA programs must focus on promoting greater consistency in psychosocial assessment across programs to support the equitable selection of patients. Based on a summary of published reports of VCA, we address the ethical considerations raised by the present heterogeneity of approaches to psychosocial assessment, including weighing risks and benefits, informed consent and the role of decisional capacity, and potential or perceived bias in the assessment process. (...) We propose transparency of process across the field and encourage VCA programs to work collaboratively to share approaches to psychosocial assessment both pre- and posttransplant to promote health equity. (shrink)

Jean-Paul Sartre insists that Marxism is the only philosophy that speaks to and out of the condition of contemporary man. Each cultural period has but onephilosophy that is authentic. Today, that philosophy is Marxism. Even if one accepts Sartre's position, it is clear that Marxism today is not one monolithic ideologydeveloped by proclamation. A recent group of articles in Philosophy Today , devoted to the thought of Ernst Bloch, indicated this. The two followingarticles of Michel Henry and Arthur McGovern (...) indicate further some of the sources of diverse interpretations and positions. (shrink)

Video barbam et pallium, philosophum nondum videoAulo Gellio, Noctes Atticae, IX, 2, 4 1 Lo scenario Immaginiamo che il direttore di un grande museo venga a sapere che uno dei più grandi e riconosciuti maestri dell’arte contemporanea - anch’egli immaginario, chiamiamolo per comodità D’Auchan — ha lasciato in eredità a qualcuno, diciamo un oscuro collezionista, una grande quantità di opere del tutto inedite e completamente ignote anche alla critica, che il fortunato beneficiario ha deciso infi...

Este artigo tem o propósito de destacar uma configuração simbólica do período renascentista e suas correspondentes práticas históricas. Investigaremos a marcas do mundo e o uso de símbolos no estabelecimento de vínculos humanos. A abordagem se conduzirá pela ordem das Similitudes, mediada pela leitura de Michel Foucault, trazendo ainda contribuições de Ernst H. Kantorowicz, com o estudo de Os Dois Corpos do Rei. Apresentaremos, em um contexto territorial, o cenário de um sistema político denominado macrofísica da soberania. Além de uma (...) exposição compenetrada na figura do rei soberano, daremos atenção à presença do modelo familiar patriarcal, ambos conectados, nesta análise, por um exercício de poder fortalecido pela propagação e circulação de marcas simbólicas no mundo. (shrink)

In 2006, David Carrier (Carrier, 2006, Museum Skepticism: A History of the Display of Art in Public Galleries. Durham: Duke University Press.) coined the term ‘museum skepticism’ to describe the idea that moving artworks into museum settings strips them of essential facets of their meaning; among art historians, this is better known as ‘decontextualization’, ‘denaturing’, or ‘museumization’. Although they do not usually name it directly, many contemporary debates in the philosophy of art are informed by an inclination towards museum skepticism, (...) from work on aesthetic cognitivism (Feagin, Susan, 1995, “Paintings and their places” Australasian Journal of Philosophy 73.2: 260-8.) and contextualism (Danto, Arthur C., 1988, “Artifact and Art”, in ART/ARTIFACT: African Art in Anthropological Collections. Exhibition Catalogue. New York: Center for African Art and Prestel Verlag, 18-32.) to cultural appropriation (Eaton, A. W. and Gaskell, Ivan, 2009, “Do subaltern artifacts belong in art museums?,” The Ethics of Cultural Appropriation, ed. James O. Young and Conrad Brunk, Oxford and Malden, Mass.: Wiley-Blackwell, 235-67), street art (Baldini, Andrea, 2016, “Street Art: A Reply to Riggle” Journal of Aesthetics and Art Criticism 74.2: 187-91), and the value of authenticity (Korsmeyer, Carolyn, 2016, “Real Old Things” British Journal of Aesthetics, 56.3: 219-31). The very first museum skeptic, however, was Antoine Chrysostôme Quatremère de Quincy (1755-1849). (shrink)

Este artigo busca voltar-se ao corpus do saber do século XVI, época compreendida como a Era das similitudes, segundo leitura de Michel Foucault. Interessa-nos a aproximação da ordem prática do período - rica em sinais e grafias - a fim de determo-nos em sua devida concepção de mundo - rica em simbologia. Nesta análise, o mundo renascentista estará envolto a uma intensificação do exercício de ordenamento, regido por formas segundo as quais as semelhanças se dão a conhecer: as chamadas figuras (...) das similitudes - signatura, convenientia, aemulatio, analogia e simpatia. Além disso, aderente a um fundo de configuração geral, será enfatizado a noção de círculo como referencial figurativo cabível ao entendimento do espaço geral do saber renascentista. Da noção de círculo remeteremos à prática de circulação das similitudes, e através disso, indicaremos um mundo renascentista decifrado ou interpretado segundo uma rede esgotável, no limite das próprias órbitas circulares emanadas do ajustamento de semelhanças. Na prática, o uso de uma marcação simbólica - inclusive, extensa à dimensão cósmica – possibilita-nos a visualizar um arranjo do como, mediante ordenamento do saber, são promovidas certas disposições “entre” e “para” as coisas e pessoas no mundo. (shrink)

Dans la philosophie de Schopenhauer, le concept de coeur revêt plusieurs sens. Si le coeur est compris comme symbole et comme synonyme de la volonté, il renvoie aussi toujours au coeur organique. Point central d’où partent et où aboutissent les affects, le coeur se révèle ainsi comme l’élément premier de notre être par rapport à la tête qui reste seconde. Parce qu’il est en partie inconscient, le coeur « a ses raisons que la raison ne connaît point ». Cet article (...) propose d’étudier les différentes perspectives selon lesquelles Schopenhauer utilise le concept de coeur pour en dégager une signification première. (shrink)

L’objet de l’article est d’interroger le statut d’une œuvre d’art à partir du problème de l’interprétation posé initialement par Arthur Danto. Une œuvre d’art demande-t-elle nécessairement à être interprétée? L’argumentation se déploie à une double échelle. À une échelle ontologique, l’enjeu est de savoir sous quelles conditions un objet appartient à la classe des œuvres d’art. À une échelle dénotative, l’enjeu est de savoir si toute représentation artistique requiert un travail interprétatif. L’auteur défend une théorie de l’interprétation restreinte, d’inspiration (...) pragmatiste, en vertu de laquelle l’interprétation, comme activité suspensive et réflexive, n’intervient que lorsque le rapport au sens est troublé, confus, problématique. Ainsi une œuvre d’art n’est soumise à interprétation que lorsque son statut ontologique ne va pas de soi et lorsque son potentiel de dénotation contrarie notre rapport familier au sens. (shrink)

Tw‌o books, each of them entitled The State and Revolution, were published forty years apart from one another, with the first one written in 1877 by French Communard Arthur Arnould and the other one in 1917 by Lenin, although unaware of Arnould’s work. Their confrontation is arranged and orchestrated in an anachronical way, in conformity with the method of "plagiarism in advance," in order for us to take the full measure of Arnould's resistance to Lenin's recuperation of the Paris (...) Commune and to grasp the unbreachable discrepancy between these two revolutionaries as well as their respective views of the State’s power and of its destruction. (shrink)

In June 2002, Arthur Andersen LLP became the first accounting firm in history to be criminally convicted. The repercussions were immense. From a position as one of the leading professional services firms in the world, with 85,000 staff in 84 countries and revenues in excess of $9 billion, Andersen effectively ceased to exist within a matter of months. Although Andersen’s conviction related specifically to a charge of obstructing justice, public attention focused on the audit relationship between Andersen and its (...) major client, Enron Corporation, particularly the actions (and inactions) that had allowed Enron to post spectacular year-on-year earnings and profit growth. As well as examining events leading up to the demise of Andersen, the case provides an opportunity to consider the broader controversy over accounting and corporate governance practices and, more generally, the pressures found within organisations that can foster unethical conduct. The case was prepared from public sources. (shrink)

本文旨在初步探索「限肉令」作為應對傳染病大流行和由工廠化畜牧業帶來的其他威脅的預防措施的正當性。「限肉令」並非指全面禁肉，而是以法律限制市民的人均肉品消耗量在滿足基本營養需求的範圍內。本文採用的進路是 緩解一些可能阻礙對此提案進行更宏觀、理性的思考的潛在心理拘繫。此進路參考了傅柯「日常經驗」(everyday experience) 的分析，和佛家倫理學回應全球環境倫理問題的策略。我們先以香港社會為主要案例研究，檢視形成「肉是必需的」一想法和嗜肉情結的社會模式。接著我們引入葷食心理學研究，討論嗜肉情結如何成為正面考慮「限肉令」的障 礙。我們也嘗試回應一些反對此提案的理由，包括來自自由主義 (Liberalism)的批評。 -/- This article explores the preliminary justifiability of meat restriction order as a preventive measure to the risks of pandemic and other forms of harm posed by factory farming. A meat restriction order seeks to limit citizens’ meat consumption at the level of meeting individuals’ basic nutrient needs. This article aims to loosen some potential psychological hooks that prevent a more expansive, rational deliberation of the proposal. Inspired by Michel Foucault’s analysis of “everyday experience” and the (...) Buddhist responses to global environmental issues, we investigate the social patterns that account for the formation of people’s meat commitment, using Hong Kong society as a major case study. With reference to scientific studies of meat-eaters’ psychology, we discuss how the meat commitment becomes a barrier for society to positively consider the justifiability of the proposal. We will also address a number of objections to our proposal, including those from liberalism. (shrink)

January 2018, the American College of Obstetrics and Gynecology issued a position statement opposing the punishment of women for self‐induced abortion. To those unfamiliar with emerging trends in abortion in the United States and worldwide, the need for the declaration might not be apparent. Several studies suggest that self‐induced abortion is on the rise in the United States. Simultaneously, prosecutions of pregnant women for behavior thought to harm the fetus are increasing. The ACOG statement responds to both trends by urging (...) doctors to honor the integrity and confidentiality inherent in the doctor‐patient relationship. Seen in the context of the larger battle over legal abortion, the statement has far broader implications. By acknowledging the role doctors play in enforcing pregnancy‐related crimes, the ACOG position statement wisely anticipates the ways in which doctors will be implicated should access to legal abortion be further restricted. To understand the need for the ACOG directive, you must first understand that the story of what will happen if abortion becomes a crime in the United States is not to be found in history books; it is staring at us across our southern border. (shrink)

This paper reviews common advertising claims by egg freezing companies and evaluates the medical evidence behind those claims. It then surveys legal standards for truth in advertising, including FTC and FDA regulations and the First Amendment right to free speech. Professional standards for medical advertising, such as guidelines published by the American Society for Reproductive Medicine, the American College of Obstetricians and Gynecologists, and the American Medical Association, are also summarized. A number of claims, many of which relate to the (...) targeting of younger women for eOC, are found to breach legal and ethical standards for truth in advertising. The ethical implications of misleading advertising claims are also discussed, and the central narrative woven by OC ads — that egg freezing is empowering to women — is examined. The paper concludes that a more balanced approach to the risks and benefits of OC is necessary to truly respect women's autonomy. Moreover, justice requires us to look beyond a medical procedure accessible only to a minority of women in order to address inequities in the workplace. (shrink)

Argues that the War on Drugs and policies that deny convicted felons equal access to employment, housing, education and public benefits create a permanent under-caste based largely on race. Reprint. 12,500 first printing.

Using a framework of conceptual and practical tools ( Grossman et al., 2000 ), this study explores ways in which a social studies methods course affected beginning teachers’ beliefs and pedagogical approaches for meaningful social studies instruction in elementary grades. Participants included 75 preservice teachers who completed open-ended questionnaires before and after the course, and again one year later as student teachers. Three participants were observed teaching social studies lessons during student teaching to determine how the methods course impacted their (...) nascent instructional practices. The study adds to our understanding about “what sticks” in teacher education and offers insights to researchers and to teacher educators who aim to equip future teachers for “powerful and purposeful” ( NCSS, 2009 ) social studies instruction. (shrink)

From farmers’ markets to primetime television cooking shows, notions of ‘knowing where our food comes from’ and ‘reconnecting’ with the sources of our food are now central to a range of contemporary cultural movements and popular media texts. While these ideas have primarily been mobilized by those with activist commitments to ethical and sustainable food production, they are also increasingly appearing in the media and marketing strategies of large agribusiness and retailing corporations, including those of the major Australian supermarkets. This (...) paper explores some of the techniques currently used by major supermarkets to respond to criticisms about their food ethics, market control and relationship with producers. Using a case study of Australian supermarket Coles and its integration of its ‘Helping Australia Grow’ campaign into reality television cooking show, My Kitchen Rules, it will consider the textual practices of, and social media response to, Coles’ sponsorship and integrated advertising strategies of putting a ‘face’ to the farmers who produce the products found on supermarket shelves. By emphasizing to Coles customers that they, too, can ‘know where their food comes from’ and that their purchasing decisions support individual farmers and family farms rather than large conglomerates, these strategies help to locate Coles within a network of meanings that seek to both shift and contest negative perceptions of the supermarket chain’s corporate practices and food politics in ways that potentially complicate the activist discourses from which they draw. (shrink)

Harcourt argues that in clinical contexts, children and young people with mental health illness can experience epistemic, specifically testimonial, injustice when their perspectives are unjustifiably discounted by health service providers.1 Our goal in this commentary was to illustrate how caregivers, a critical component of CYP treatment triad, can also engage in testimonial injustice towards CYP patients. Testimonial injustice occurs when one suffers a credibility deficit and that credibility deficit is based on prejudice.2 Harcourt expands Fricker’s account of testimonial injustice by (...) arguing that for CYPs, the credibility deficits attributed to them by clinicians, for example, may result from epistemic arrogance in that CYPs are viewed as having unreliable knowledge about their condition. Harcourt writes: ‘Being a CYP is treated as a heuristic for epistemic unreliability across a wide range of domains’, including clinical settings. Harcourt’s expansion of Fricker’s account thus includes epistemic arrogance as an alternative necessary condition, in addition to prejudice, to apply the concept of testimonial injustice. We think Harcourt’s argument can also be extended to caregivers, who are central to the CYP treatment triad. We illustrate how this may be the case by drawing from research we conducted to understand the perspectives of clinicians and prospective families, both caregivers and paediatric patients with obsessive–compulsive disorder about the possibility of …. (shrink)

Kritisiert wird gegenwärtig viel - und auch Kritik wird kritisiert. In dieser Situation sucht dieser Sammelband auszuweisen, wie in einer christlichen Sozialethik Kritik betrieben wird: Sie zielt auf die Kritik der Unvernunft der die Menschen bestimmenden, zugleich von Menschen geschaffenen Ordnungen der Gesellschaft- und dies im Interesse an vernünftigeren Ordnungen ihres Zusammenlebens. Gesellschaftskritik als Vollzug praktischer Rationalität gibt es freilich nicht ohne Herrschaftskritik und nicht ohne Kritik von Ausschluss und Subalternität. Ausdrücklich wird in diesem Band der neutrale Vollzug »der Vernunft« (...) ausgeschlossen; stattdessen wird die in der eigenen Gesellschaftskritik vollzogene praktische Rationalität normativ grundiert.Mit Beiträgen vonMichelle Becka, Bernhard Emunds, Johannes Eurich, Gisela Kubon-Gilke, Torsten Meireis, Matthias Möhring-Hesse. (shrink)

Trust is a fundamental aspect of the moral treatment of stakeholders within the organization–stakeholder relationship. Stakeholders trust the organization to return benefit or protections from harm commensurate with their contributions or stakes. However, in many situations, the firm holds greater power than the stakeholder and therefore cannot necessarily be trusted to return the aforementioned duty to the stakeholder. Stakeholders must therefore rely on the trustworthiness of the organization to fulfill obligations in accordance to Phillips’ principle of fairness (Business Ethics Quarterly7(1), (...) 1997, 51–66), particularly where low-power stakeholders may not be fully consenting (Van Buren III, Business Ethics Quarterly11(3), 2001, 481–499). The construct of organizational trustworthiness developed herewith is presented as a possible solution to the problem of unfairness in organization–stakeholder relations. While organizational trustworthiness does not create an ethical obligation where none existed before, stakeholders who lack power will likely be treated fairly when organizational trustworthiness is present. (shrink)