A world of legal conflicts -- The limits of sovereigntist territoriality -- From universalism to cosmopolitanism -- Towards a cosmopolitan pluralist jurisprudence -- Procedural mechanisms, institutional designs, and discursive practices for managing pluralism -- The changing terrain of jurisdiction -- A cosmopolitan pluralist approach to choice of law -- Recognition of judgments and the legal negotiation of difference.

Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century.

Critiques of liberalism are a dime a dozen. With every generation they come in and out of fashion like changing lipstick colors. This does not mean, however, that all is well in a context of perennial cyclic crisis alternating liberalism and conservatism. As Siegel shows in his account of liberalism's recent authoritarian involution, the latest developments mark a sharp departure from some of the better American political traditions. Specifically, the disintegration of pragmatism as a result of the Vietnam fiasco and (...) racial strife in the 1960s contributed to the concretization of what were at least latent anti-democratic tendencies into a procedural elitism oblivious to substantive realities and the human dimension. (shrink)

It has been almost half a century since Horkheimer and Adorno formulated their analysis of mass culture in the “Culture Industry: Enlightenment as Mass Deception” chapter of Dialectic of Enlightenment. This special issue on “Debates in Contemporary Culture” is an attempt to evaluate the relevance of this legacy in the mid-eighties. It has become part of the left conventional wisdom that the critical theory analysis of late capitalism, focusing on concepts such as the “totally administered world” (Adorno) or “one-dimensional society” (...) (Marcuse), was overly resigned and it remained unable to identify inchoate oppositional tendencies within the ‘iron cage’ of capitalist totalization. (shrink)

Why did the Lord Justices make strong representation against Berkeley? According to Joseph Stock, Berkeley's first biographer "Lord Galway [a Lord Justice in 1716] having heard of those sermons, published in 1712 as Passive Obedience represented Berkeley as a Jacobite, and hence unworthy of the living of St. Paul's. From the beginning, Passive Obedience was rumored to be politically heterodox...

Principles of Laser Spectroscopy and Quantum Optics is an essential textbook for graduate students studying the interaction of optical fields with atoms. It also serves as an ideal reference text for researchers working in the fields of laser spectroscopy and quantum optics. The book provides a rigorous introduction to the prototypical problems of radiation fields interacting with two- and three-level atomic systems. It examines the interaction of radiation with both atomic vapors and condensed matter systems, the density matrix and the (...) Bloch vector, and applications involving linear absorption and saturation spectroscopy. Other topics include hole burning, dark states, slow light, and coherent transient spectroscopy, as well as atom optics and atom interferometry. In the second half of the text, the authors consider applications in which the radiation field is quantized. Topics include spontaneous decay, optical pumping, sub-Doppler laser cooling, the Heisenberg equations of motion for atomic and field operators, and light scattering by atoms in both weak and strong external fields. The concluding chapter offers methods for creating entangled and spin-squeezed states of matter. Instructors can create a one-semester course based on this book by combining the introductory chapters with a selection of the more advanced material. A solutions manual is available to teachers. Rigorous introduction to the interaction of optical fields with atoms Applications include linear and nonlinear spectroscopy, dark states, and slow light Extensive chapter on atom optics and atom interferometry Conclusion explores entangled and spin-squeezed states of matter Solutions manual. (shrink)

This article explores problems of thoughtlessness through a critical engagement with Hannah Arendt. Thoughtlessness was more complicated for Arendt than her interpreters have acknowledged. She described it as the failure of conscience; as ideology; and as an everyday condition that sustains ideology. While the first has been widely acknowledged, the latter two have been virtually ignored. Arendt identifies the cultivation of everyday thoughtfulness as a remedy for failures of conscience, but this provides no defence against ideological and everyday thoughtlessness, which (...) can actually reinforce failures of conscience. To address them Arendt turns to storytelling. But narratives can combat and reinforce thoughtlessness. To confront thoughtlessness we need to attend to narrative production and reception. Drawing on Paul Ricoeur I call for deeper engagement between political theorists, literary critics and philosophers of literature on the roles of narrative in promoting or undermining thinking in contemporary politics. (shrink)

Introduction: The Political/Ideological Problem of Higher Education ResearchA recurrent problem for social sciences is bridging between individual purposive activity and larger scale patterns of social change. Individually-focused approaches can seem unsatisfying and to deliberately obscure important questions of power. Whilst statistical approaches can demonstrate correlations of behaviours and outcomes, they often have difficulties in teasing out issues of ideology and intentionality. Structuration and systems theories is one approach to overcome these problems by creating theoretical frameworks explaining how these purposive activities (...) might become embedded within causal chains producing action at a distance, and materially changing the development trajectory of wider – societal – units. But at the same time, the development of these systems and structuration theories is itself a profoundly political process.The researchers find themselves inexorably drawn into and bound up with – t .. (shrink)

Rhodopsin, upon activation by light, transduces the photon signal by activation of the G‐protein, transducin. The well‐studied rhodopsin/transducin system serves as a model for the understanding of signal transduction by the large class of G‐protein‐coupled receptors. The interactive form of rhodopsin, R*, is conformationally similar or identical to rhodopsin's photolysis intermediate Metarhodopsin II (MII). Formation of MII requires deprotonation of rhodopsin's protonated Schiff base which appears to facilitate some opening of the rhodopsin structure. This allows a change in conformation (...) at rhodopsin's cytoplasmic surface that provides binding sites for transducin. Rhodopsin's 2nd, 3rd and putative 4th cytoplasmic loops bind transducin at sites including transducin's 5 kDa carboxyl‐terminal region. Site‐specific mutagenesis of rhodopsin is being used to distinguish sites on rhodopsin's surface that are important in binding transducin from those that function in activating transducin. These observations are consistent with and extend studies on the action of other G‐protein‐coupled receptors and their interactions with their respective G proteins. (shrink)

This book addresses the most important questions asked about higher education: What should its content be? What should we educate for, and why? What constitutes a meaningful liberal education, as distinct from mere training for a vocation? These and many other questions are addressed by Reuben Abel, M.H. Abrams, Robert L. Bartley, Ronald Berman, Also S. Bernardo, Wm. Theodore deBary, Gray Dorsey, Joseph Dunner, Nathan Glazer, Feliks Gross, Gertrude Himmelfarb, Gerald Holton, Sidney Hook, Charles Issawi, Montimer R. Kadish, (...) class='Hi'>Paul Oscar Krissteller, paul Kurtz, Herbert I. London, Ernest Nagel, Henry R. Novotny, Frederick A. Olafson, Michael Rabin, Howard B. Radest, Joseph J. Schwab, Robert F. Sexton, Thomas Sowell, John B. Stephenson, and Miro M. Todorovich. (shrink)

Aletheia: The Truth of Philosophical Translation as a Translation of Thruth.An Encounter of Martin Heidegger, Paul Ricœur and Antoine BermanThe article analyzes the specificity of philosophical translations insofar as they generate a new meaning and present themselves as originals that must be retranslated. This goes against Ricœur’s conception of translation as a creation of comparable terms. We will show that philosophical translation consists in the creation of an incomparable term, which cannot be measured in terms of equivalence, adequacy or (...) fidelity. All these terms correspond to a notion of truth understood as adequacy, therefore we operate a deconstruction of aletheia, the Greek concept for “truth”, in order to show that what we hold today to be the truth of translation has been the result of a translation. Through Heidegger’s reading of aletheia and through Berman’s account of the terms that name translation in Europe, we reinterpret the Roman philosophical translations as examples of traductio and we show, in the end, that by retranslating aletheia, the rules for the practice of translation change, allowing the latter to be guided by an ethical approach towards the otherness rather than by righteous fidelity and adequacy. (shrink)

This review article examines the conceptual possibility of ‘cosmopolitan pluralism’, a jurisprudential theory developed by Paul Schiff Berman in his recent book, Global Legal Pluralism: A Jurisprudence of Law Beyond Borders. Cosmopolitan pluralism is presented as a conceptual framework for understanding and managing situations of multiple legal orders which overlap and conflict. It seeks to avoid the pitfalls of both sovereigntist territorialism, which attempts to solve all legal disputes by exclusive application of the norms of some single (...) territorially-based jurisdiction, as well as universalism, which always looks for norms which transcend the differences of particular communities. Cosmopolitan pluralism maintains that conflicts ought to be preserved, not eliminated, and local variations should be recognized and accommodated to the greatest extent possible. Here I argue that while Berman has constructed a worthy and desirable goal for communities which find themselves in an increasingly globalized world, much work of an analytical kind remains to be done to show how such a goal is conceptually possible. As I shall attempt to demonstrate, Berman’s cosmopolitan pluralism asks for a radically revisionist understanding of the nature of law’s claim to authority, but it is not clear that such an account is available. (shrink)

Iris Marion Young articulated a social connection model of responsibility to conceptualize political responsibility for structural injustice. Schiff argues that actually confronting our responsibility is problematic: the pervasiveness of structural injustice makes it difficult to acknowledge as a problem, while distances between sufferers and contributors complicate our acknowledgment of social connection. These problems are exacerbated by thoughtlessness, bad faith, and misrecognition. Narrative can facilitate the acknowledgment necessary for us to confront our political responsibility.

Use of normothermic regional perfusion (NRP) for organ recovery in donation after circulatory death (DCD) raises two crucial, and intertwined, ethical questions. The first is whether the use of NRP...

The Diagnostic and Statistical Manual of Mental Disorders classifies “anorexia nervosa” as a mental disorder, yet individuals with anorexia often characterize it as an identity. The author describes the identity of being an anorectic and compares it with what it takes to have anorexia in the diagnostic sense. This furthers the existing scholarship on anorexia and identity, most notably by revealing a disconnect between being an anorectic and having anorexia: Some individuals inhabit the identity of being an anorectic but do (...) not have anorexia because they do not have a significantly low body weight. The author explores whether expanding the diagnostic criteria for anorexia would be beneficial for anorectics by examining the implications of classifying the identitive phenomenon of being an anorectic in terms of a medical concept of mental disorder. In the short term, the answer depends on whether being an anorectic calls for interventions that require a diagnosis. Either way, it would be beneficial to develop nonmedical frameworks for understanding anorexia that facilitate interventions that do not require a diagnosis. Understanding being an anorectic as an identity lays the scaffolding for a nonmedical way of conceptualizing anorexia that illuminates innovative approaches to assisting anorectics. (shrink)

Medical ethics education is crucial for medical students and trainees, helping to shape attitudes, beliefs, values, and professional identities. Exploration of ethical dilemmas and approaches to resolving them provides a broader understanding of the social and cultural contexts in which medicine is practiced, as well as the ethical implications of medical decisions, fostering critical thinking and self-reflection skills imperative to providing patient-centered care. However, exposure to medical ethics topics and their clinical applications can be limited by curricular constraints and the (...) availability of institutional resources and expertise. Podcasts, among other Free Open Access Medical Education (FOAMed) resources, are a novel educational tool that offers particular advantages for self-directed learning, a process by which learners engage in asynchronous educational opportunities outside of traditional academic or clinical settings. Podcasts can be readily distributed to wide audiences and played at any time, reducing barriers to access and offering a level of flexibility that is not possible with traditional forms of education and is well-suited to busy schedules. Podcasts can also use real voices and storytelling to make the content memorable and eminently human. This paper describes the development, production process, and impact of Core IM’s “At the Bedside,” a podcast focusing on issues in medical ethics and the medical humanities, intending to supplement standard bioethics curricula in an accessible, relevant, and engaging way. The authors advocate for broad incorporation of podcasts into medical ethics education. (shrink)

Leo Strauss’ ubiquitous presence in recent US foreign policy debates demands a thorough analysis of his critique of liberalism. I identify and explain a previously unnoticed transformation in that critique. Strauss’ Weimar critique of liberalism was philosophical and political; like Carl Schmitt, he sought philosophical grounds to replace liberalism with an authoritarian political system. However, post-emigration Strauss abandoned this political agenda, exclusively pursuing a philosophical critique that exposed modern liberalism’s purported weaknesses in order to strengthen its core. I accentuate this (...) change by reading Strauss’ postwar lecture, ‘The Three Waves of Modernity’, as an implicit response to and reconstruction of Schmitt’s ‘Neutralizations and Depoliticizations’ essay. Strauss’ changing relationship to political theology and political philosophy was central to his transformation: while a philosophically grounded political theology undergirded his early disdain for liberalism, Strauss later abandoned political theology for a quasi-theological faith in political philosophy that motivated his more moderate, philosophical critique. (shrink)

This article questions whether the ‘problem’ of trans issues lies more in the binary, patriarchal structures of our society than it does in our bodies. I utilize Marcella Althaus-Reid’s ‘Hermeneutic of Mutilation’, arguing that, much as ‘to give hospitality to our own fragmentations may require sometimes acts of transformations’, we must not support the heteropatriarchal pattern and system as it attempts to normalize, police, control or punish the ‘deviant’ bodies of transgender individuals, from ‘wrong’ and ‘less than’ into ‘right’ and (...) ‘cured’. As postmodern deconstruction has informed and influenced our thinking around identity, the modern, biological approach to sex/gender has been profoundly challenged. I will make a parallel between current debates around trans issues and disability, body and liberation theology; if disability only ‘becomes’ a disability when the able-bodied majority designates it as ‘other’, are trans folk being similarly ‘othered’, as their different bodies, perspectives or identities challenge the fearful, defended mind-sets of society? Should we continue to prioritize ‘fixing’ trans bodies, in order to have them fit more neatly within that society? Or, should we challenge the patriarchal, heteronormative moulds of a culture that would rather trans individuals ‘accept’ their ‘wrongness’ and take steps to ‘correct’ that wrongness? This is not to say that trans+ individuals should not continue to make exactly the same medical/surgical choices as are currently the norm and even to choose modes of gender expression that are binary or ‘traditional’, should that be their desire and choice. Rather, this is an appeal for all of us to challenge a society that deems some bodies ‘right’ and others as ‘wrong’, and expects such painful conformity. (shrink)

Focusing on the rise of the mechanistic idea that we can know the natural world only by distancing ourselves from it, Berman shows how science acquired its ...

Without doctors being able to explain medical decisions to patients, I argue their use of black box AIs would erode the effective and respectful care they provide patients. In addition, I argue that physicians should use AI black boxes only for patients in dire straits, or when physicians use AI as a “co-pilot” (analogous to a spellchecker) but can independently confirm its accuracy. I respond to A.J. London’s objection that physicians already prescribe some drugs without knowing why they work.

Celebrating the remarkable career of jurist Harold J. Berman, the essays in this volume demonstrate that Berman's contributions to Russian studies, international trade law, legal history, philosophy of law, and law and religion have firmly established him as part of the tradition of our greatest American jurists.

Probably no doctrine has excited as much horror and abuse as atheism. This first history of British atheism, first published in 1987, tries to explain this reaction while exhibiting the development of atheism from Hobbes to Russell. Although avowed atheism appeared surprisingly late – 1782 in Britain – there were covert atheists in the middle seventeenth century. By tracing its development from so early a date, Dr Berman gives an account of an important and fascinating strand of intellectual history.

The purpose of this paper is to argue for psychological egoism, i.e., the view that the ultimate motivation for all human action is the agent’s self-interest. Two principal opponents to psychological egoism are considered. These two views are shown to make human action inexplicable. Since the reason for putting forward these views is to explain human action, these views fail. If psychological egoism is the best explanation of human action, then humans will not differ as regards their motivations for their (...) actions. However, humans will differ as regards their knowledge of what is in fact in their self-interest. (shrink)

This review essay of Victor Tadros’s new book, “The Ends of Harm: The Moral Foundations of Criminal Law,” responds to Tadros’s energetic and sophisticated attacks on retributivist justifications for criminal punishment. I argue, in a nutshell, that those attacks fail. In defending retributivism, however, I also sketch original views on two questions that retributivism must address but that many or most retributivists have skated past. First, what do wrongdoers deserve – to suffer? to be punished? something else? Second, what does (...) it mean for them to deserve it? That is, what is the normative force or significance of valid desert claims, either with respect to retributivist desert in particular or with respect to all forms of desert? Because the answers that this essay offers are preliminary, the essay also serves as a partial blueprint for further work by criminal law theorists with retributivist sympathies. (shrink)

I contend there exists a platonistic good that all other good (excellent) things must resemble, supplementing this theory with Aristotelian features. Something’s goodness holds in virtue of the thing’s own properties being such as to satisfy its kind-based standards, and those K-standards resembling the platonic good. As for the latter condition, the K-standards resemble it firstly with respect to requiring activities, and secondly also at the level of what teleology those activities are directed towards.

On January 22, 2002, California Governor Gray Davis released the state's long-anticipated, proposed regulations establishing hospital nurse-to-patient ratio requirements. The Safe Staffing Law mandating minimum ratios was enacted in October 1999 in response to legislators concerns that [q]uality of patient care is jeopardized because of staffing changes implemented in response to managed care. While the law was scheduled to take effect by January 1, 2002, conflict within the medical community regarding appropriate ratios slowed down the rulemaking process. Lawmakers now anticipate (...) that the rule will be implemented by January 2003. Approximately 5,000 new nurses will need to be hired for California's hospitals to come into compliance with the proposed regulation. (shrink)

NOT SAUSSURE: A CRITIQUE OF POST?SAUSSUREAN LITERARY THEORY by Raymond Tallis London: Macmillan, 1988. 273 pp., £33 (£10.95 paper).

The title is meant to indicate that consciousness is being examined largely within the history of philosophy, and within the period of time from Descartes to Ayer. Investigators aiming to understand consciousness and minds usually try to take account of all individual human minds, so as to have the most data for the most encompassing induction. The problem with that approach is that because of the vastness of the data, its results tend to be vague, lacking the specificity of studies (...) of individuals. On the other hand, the problem with studies of individuals is that they cannot guarantee generality, as the opposing method can. This book's distinctive approach aims at a middle way, getting the best of the two opposing methods by drawing its data from the history of philosophy, especially the history of the great philosophers. (shrink)

Citing a lifelong engagement with Marxism, critic and writer Marshall Berman reveals the movement's positive points and suggests a new beginning for Marxism may be on the horizon with its recent 150th anniversary attention.