Ruth Bader Ginsburg was a legal icon. In more than four decades as a lawyer, professor, appellate judge, and Associate Justice of the US Supreme Court, Ginsburg influenced the law and society in real and permanent ways. This book chronicles and evaluates the remarkable achievements Ruth Bader Ginsburg made over the last half-century. Including chapters written by prominent court-watchers and leading scholars from law, political science, and history, the book offers diverse perspectives on (...) an array of doctrinal areas and different periods in Ginsburg's career. Together, these perspectives document the impressive legacy of one of the most important figures in modern law. This updated second edition features a new foreword from Supreme Court Justice Stephen G. Breyer and a new introduction from the editor Scott Dodson. (shrink)

A collection of essays, speeches, and conversations from a conference sponsored by Southwestern University Law Review and held in Los Angeles in 1977 in commemoration of the 190th anniversary of the Constitution, this book has some 36 contributors. The majority of these are law professors, including Laurence Tribe of Harvard, Bernard Schwartz of NYU, Ruth Bader Ginsburg of Columbia, Lino A. Graglia of the University of Texas, and Martin Shapiro of the University of California at Berkeley. Several (...) contributions are by Federal judges, including ones by Charles E. Wyzanski, Jr., and Constance Baker Motley. There is also a sprinkling of historians, political scientists, journalists, and lawyers. The contributors include a number of little known, as well as many well-known commentators on the Constitution. (shrink)

"New Perspectives on Freud's Moses and Monotheism" presents some of the most important current scholarship on 'Moses and Monotheism'. The essays in this volume offer new perspectives on Freud's perception of Judaism, of collective trauma and collective repression, national violence, gender issues, hermeneutic enigmas, religious configurations, questions of representation, and constructions of truth, while exploring the relevance of 'Moses and Monotheism' in diverse fields - from Jewish Studies, Psychoanalysis, History, and Egyptology to Literature, Musicology, and Art.

Concepts are highly theoretical entities. One cannot study them empirically without committing oneself to substantial preliminary assumptions. Among the competing theories of concepts and categorization developed by psychologists in the last thirty years, the implicit theoretical assumption that what falls under a concept is determined by description () has never been seriously challenged. I present a nondescriptionist theory of our most basic concepts, which include (1) stuffs (gold, milk), (2) real kinds (cat, chair), and (3) individuals (Mama, Bill Clinton, the (...) Empire State Building). On the basis of something important that all three have in common, our earliest and most basic concepts of substances are identical in structure. The membership of the category like that of is a natural unit in nature, to which the concept does something like pointing, and continues to point despite large changes in the properties the thinker represents the unit as having. For example, large changes can occur in the way a child identifies cats and the things it is willing to call without affecting the extension of its word The difficulty is to cash in the metaphor of in this context. Having substance concepts need not depend on knowing words, but language interacts with substance concepts, completely transforming the conceptual repertoire. I will discuss how public language plays a crucial role in both the acquisition of substance concepts and their completed structure. (shrink)

This book provides an analysis of the debate surrounding cultural diversity, and attempts to reconcile the seemingly opposing views of "ethical imperialism," the belief that each individual is entitled to fundamental human rights, and cultural relativism, the belief that ethics must be relative to particular cultures and societies. The author examines the role of cultural tradition, often used as a defense against critical ethical judgments. Key issues in health and medicine are explored in the context of cultural diversity: the physician-patient (...) relationship, disclosing a diagnosis of a fatal illness, informed consent, brain death and organ transplantation, rituals surrounding birth and death, female genital mutilation, sex selection of offspring, fertility regulation, and biomedical research involving human subjects. Among the conclusions the author reaches are that ethical universals exist, but must not be confused with ethical absolutes. The existence of ethical universals is compatible with a variety of culturally relative interpretations, and some rights related to medicine and health care should be considered human rights. Illustrative examples are drawn from the author's experiences serving on international ethical review committees and her travels to countries in Africa, Asia, and Latin America, where she conducted educational workshops and carried out out her own research. (shrink)

There are many different notions of information in logic, epistemology, psychology, biology and cognitive science, which are employed differently in each discipline, often with little overlap. Since our interest here is in biological processes and organisms, we develop a taxonomy of functional information that extends the standard cue/signal distinction (in animal communication theory). Three general, main claims are advanced here. (1) This new taxonomy can be useful in describing learning and communication. (2) It avoids some problems that the natural/non-natural information (...) distinction faces. (3) Functional information is​ ​produced through exploration and stabilisation processes. (shrink)

Alternative readings of quantification are considered. The absence of an unequivocal translation into ordinary speech is noted. Some examples are cited which, in the opinion of the author, are a result of equivocal readings of quantification, or unnecessarily restrictive readings which obscure its primary function.

Much attention has been given to determining whether an adolescent patient has the capacity to consent to research. This study explores the factors that influence adolescents' decisions to participate in a research study about youth violence and to determine positive or negative feelings elicited by being a research subject. The majority of subjects perceived their decision to participate to be free of coercion, and few felt badly about having participated. However, adolescents who were alone in the room during the assent (...) process were more likely to report that they chose freely to be a research subject. This study may influence the ways physicians communicate with adolescent patients around research assent within a clinical care environment. 1This article was presented at the Annual Meetings of The Pediatric Academic Societies in Baltimore, MD and The Society for Academic Emergency Medicine in Atlanta, GA in May, 2001. (shrink)

This cutting edge collection of new and previously published articles by philosophers and social scientists addresses just what it means to invoke causal ...

William James (1842-1910) was both a philosopher and a psychologist, nowadays most closely associated with the pragmatic theory of truth. The essays in this Companion deal with the full range of his thought as well as other issues, including technical philosophical issues, religious speculation, moral philosophy and political controversies of his time. The relationship between James and other philosophers of his time, as well as his brother Henry, are also examined. By placing James in his intellectual landscape the volume will (...) be particularly useful to teachers and students outside philosophy in such areas as religious studies, history of ideas, and American studies. New readers and nonspecialists will find this the most convenient and accessible guide to James currently available. Advanced students and specialists will find a conspectus of recent developments in the interpretation of James. (shrink)

The demand for bodily parts such as organs is increasing, and individuals in certain circumstances are responding by offering parts of their bodies for sale. Is there anything wrong in this? Kant had arguments to suggest that there is, namely that we have duties towards our own bodies, among which is the duty not to sell parts of them. Kant's reasons for holding this view are examined, and found to depend on a notion of what is intrinsically degrading. Rom Harré's (...) recent revision of Kant's argument, in terms of an obligation to preserve the body's organic integrity, is considered. Harré's view does not rule out all acts of selling, but he too ultimately depends on a test of what is intrinsically degrading. Both his view and Kant's are rejected in favour of a view which argues that it does make sense to speak of duties towards our own bodies, grounded in the duty to promote the flourishing of human beings, including ourselves. This provides a reason for opposing the sale of bodily parts, and the current trend towards the market ethic in health care provision. (shrink)

There is an urgent need to understand how private and public organisations can play a role in promoting human values such as fairness, dignity, respect and care. Globalisation, technological advance and climate change are changing work, organisations and systems in ways which foster inequality, alienation and collective risk. Against this backdrop, organisations are being urged to make their contribution to the common good, take account of the interests of multiple stakeholders, and respond ethically as well as efficiently to complex challenges (...) which transcend traditional organisational and state boundaries. Ethics, Meaningfulness, and Mutuality poses critical questions related to organisational design by challenging limits to current thinking, such as the neglect by political philosophers of markets, firms and stakeholders, or by organisational theorists of business ethics. In so doing, the book advances our understanding of the theory and practice of ethical organising. Specifically, meaningfulness and mutuality will be used to yield values and principles for a philosophy of ethical organising which includes an account of human values in morally desirable collective action, and examines the relationship of collective action to the contested concept of shared value creation. Within a philosophy of ethical organising, mutuality permits an examination of the unavoidable relational nature of collective action, whereas meaningfulness addresses fundamental human concerns for significance and leading a life we have reason to value. By addressing our status as relational beings with human needs for meaning, a philosophy of ethical organising brings critical thinking to the creation of morally informed organisational practices which are not only instrumentally beneficial for addressing wicked problems, but are normatively desirable for human flourishing. (shrink)

The new reproductive technologies force us to rethink the concepts ‘mother,’ ‘father,’ ‘family.’ As we draw analogies to traditional patterns, we must distinguish between ethical and conceptual questions.

Ruth Jonathan; Bibliography, Journal of Philosophy of Education, Volume 31, Issue 1, 16 December 2002, Pages 217–220, https://doi.org/10.1111/1467-9752.00050.

The ArgumentThis essay addresses the historiographical question of how to study scientific instruments and the connections between them without rigidly determining the boundaries of the object under historical scrutiny beforehand. To do this, I will explore an episode in the early history of the tachistoscope — defined, among other things, as an instrument for the brief exposure of visual stimuli in experimental psychology. After looking at the tachistoscope described by physiologist Volkmann in 1859, I will turn to the gravity chronometer, (...) constructed by Cattell at Wundt's Leipzig institute of psychology in the 1880s. Taking Wittgenstein's notion of family resemblances as a methodological suggestion to travel from one member to another to find out just how members relate to one another, I will investigate part of the family to which both the tachistoscope and the gravity chronometer turn out to belong. A detailed analysis of these instruments, using both historical sources and historical accounts of psychological instruments, may demonstrate that the instrument is not a standard package that, if well applied, will simply secure good results. Each package needs to be assembled again and again; the particular package that is assembled may differ on different occasions. Thus an alternative is developed to an understanding of instruments as univocally functioning material means. (shrink)

Hume’s famous argument against the credibility of testimony about miracles invokes two premises: 1) The reliability of the witness (the extent to which he is informed and truthful) must be compared with the intrinsic probability of the miracle. 2) The initial probability of a miracle is always small enough to outweigh the improbability that the testimony is false (even when the witness is assumed to be reliable). I defend the first premise of the argument, showing that Hume’s argument can be (...) applied to purported observations of miracles, as well. I then show that Hume failed to provide an adequate support for his second premise. A more cogent defence can be provided for a weaker premise. The resultant argument has, consequently, a less sweeping conclusion than Hume’s. (shrink)

PurposeThe purpose of this paper is to contribute to the literature on age and the digital divide by examining the uses of and attitudes toward information and communication technologies by 26 politically senior citizens.Design/methodology/approachThe approach taken involved in‐depth face‐to‐face interviews.FindingsThe majority of the respondents are informed and balanced cyber‐enthusiasts who have embraced the opportunities afforded by ICTs to enhance their lives in general, including their political activities.Originality/valueThese findings destabilize the dominant image of older people and their attitudes to and experiences (...) of ICTs that appears in most of the literature on age and the digital divide. Those aged 65 and over represent the last cohort, in Western societies at least, for whom age as such is likely to be a decisive factor in their relationship to ICTs. It is therefore vital to get some insight into their views. (shrink)

A diagnosis of fetal abnormality presents parents with a difficult – even tragic – moral dilemma. Where this diagnosis is made in the context of surrogate motherhood there is an added difficulty, namely that it is not obvious who should be involved in making decisions about abortion, for the person who would normally have the right to decide – the pregnant woman – does not intend to raise the child. This raises the question: To what extent, if at all, should (...) the intended parents be involved in decision-making? In commercial surrogacy it is thought that as part of the contractual agreement the intended parents acquire the right to make this decision. By contrast, in altruistic surrogacy the pregnant woman retains the right to make these decisions, but the intended parents are free to decide not to adopt the child. We argue that both these strategies are morally unsound, and that the problems encountered serve to highlight more fundamental defects within the commercial and altruistic models, as well as in the legal and institutional frameworks that support them. We argue in favour of the professional model, which acknowledges the rights and responsibilities of both parties and provides a legal and institutional framework that supports good decision-making. In particular, the professional model acknowledges the surrogate's right to decide whether to undergo an abortion, and the intended parents' obligation to accept legal custody of the child. While not solving all the problems that arise in surrogacy, the model provides a framework that supports good decision-making. (shrink)

This paper considers the reputation of William Morris's News From Nowhere and its evaluation as a utopia. It argues that there is a discrepancy between scholarly estimations of the book's importance and its treatment as a utopia relevant to socialism. Whilst scholars have for many years almost unanimously praised News From Nowhere as Morris's crowning achievement, most have also attempted to argue that Morris did not intend his work to be used as a serious model for socialism. After reviewing some (...) of the secondary literature and distinguishing between a variety of different interpretations of Morris's work, I suggest that the relevance of News From Nowhere might be assessed by the standards which Morris applied to Thomas More's Utopia. Considering Morris's work in this framework of utopianism, I argue that the relevance of Morris's utopia lies in what Norman Geras has called its ?maximum? vision. (shrink)

Name der Zeitschrift: Deutsche Zeitschrift für Philosophie Jahrgang: 65 Heft: 3 Seiten: 475-489.

FENOMENOLOGIA Y FISICA EN HUSSERL, WEYL Y NEELAMKAVIL: MATERIA-CAMPO BASADO EN EXTENSIÓN-CAMBIO Castillo Ochoa, Ruth Transferencias Interculturales e Históricas de la Europa Medieval Mediterránea RESUMEN La historia de la terminología científica posibilita dar cuenta de 'cambios lingüísticos' o contingencia de términos en Ciencia. La Fenomenología de Husserl resulta un marco filosófico completo para elucidar significados en terminología científica enfatizando el carácter a priori de conceptos fundacionales, su aspecto contingente (lenguaje), intersubjetividad, sujeto transcendental y epojé. En tal sentido, soportar las (...) nociones fundacionales en física bajo las categorías universales Extensión-Cambio de Neelamkavil contribuye al ideal husserliano. Aún no se llega a una imagen adecuada de las intricadas relaciones entre Filosofía y Ciencia. Sin embargo, los hallazgos científicos de Moser-Britt (2014) soportan posiciones kantianas y husserlianas en torno a los términos a priori que fundamentan las teorías físicas. Como consecuencia, los resultados han despertado el interés de filósofos y científicos hacia las ideas husserlianas en tanto terminología lingüística y comprensión aprioricista del mundo. De esta forma, dentro del estado actual del arte, P. Berghofer y H. Wiltsche (2018) abordan el rol de fenomenología en Filosofía de la Física; mientras J. Drummond (2019) en "Husserl: German Perspectives" analiza el rol de la fenomenología en Ciencia. R. Neelamkavil (2018) da cuenta de un nuevo conjunto de categorías en física que comulgan con las ideas de Husserl. La comprensión de los términos Masa y Campo en física, se aborda el estudio de H. Grelland "Husserl, Einstein y Weyl and Concepts of Space, Time and Space-Time" y H. Weyl, "Space, Matter and Time". Un análisis metalingüísitico entre términos científicos y fenomenológicos no se ha realizado aún. La intención de la propuesta es abordar este punto ciego. -/- PALABRAS CLAVE Extensión, Cambio, Masa, Campo, Esencia . (shrink)

In contemporary Western societies, birthing is framed as transformative for mothers; however, it is also a site for the regulation of women and the exercise of power relations by health professionals. Nursing scholarship often frames migrant mothers as a problem, yet nurses are imbricated within systems of scrutiny and regulation that are unevenly imposed on ‘other’ mothers. Discourses deployed by New Zealand Plunket nurses (who provide a universal ‘well child’ health service) to frame their understandings of migrant mothers were analysed (...) using discourse analysis and concepts of power drawn from the work of French philosopher Michel Foucault, read through a postcolonial feminist perspective. This research shows how Plunket nurses draw on liberal feminist discourses, which have emancipatory aims but reflect assimilatory practices, paradoxically disempowering women who do not subscribe to ideals of individual autonomy. Consequently, the migrant mother, her family and new baby are brought into a neoliberal project of maternal improvement through surveillance. This project – enacted differentially but consistently among nurses – attempts to alter maternal and familial relationships by ‘improving’ mothering. Feminist critiques of patriarchy in maternity must be supplemented by a critique of the implicitly western subject of maternity to make empowerment a possibility for all mothers. (shrink)

Places anxiety at the heart of the aesthetic experience.

Max Stirner pioneered a radically existentialist thinking in which the ego or the Unique One is able to appropriate its “predicates” or determinations as objects of consumption. In this sense the singular event is privileged over the intellectual “spooks” that express the predicate’s independence from and mastery over its subject. Karl Marx’s thinking was decisively altered by his encounter with Stirner, to whom he replied at length in The German Ideology. I propose that Marx and Engels’s critique and appropriation of (...) Stirner provides the basis for what I call “communist existentialism,” and that this is the proper standpoint for radical philosophy today. After giving an account of this position, I briefly adopt it to critique two of the communist standpoints associated with “communization,” those of Tiqqun and Theorie Communiste. (shrink)

Don Cupitt's version of religious non‐realism based as it is on linguistic constructivism, radical relativism and the view that culture forms human nature has been attacked with devastating effect by realists in the last few years. I argue that there is another strand in Cupitt's thinking, his biological naturalism, that supports a different version of religious non‐realism and that he failed to see this possibility because of his global non‐realism and commitment to the strong programme in the sociology of scientific (...) knowledge. Cupitt's biological naturalism should have led smoothly into evolutionary psychology, which has an account of religious belief that supports a non‐realist interpretation. Evolutionary psychology shows that religious beliefs are natural, normal and about matters of the deepest significance to humans. They gain their character from the operation of evolved structures of the mind and cannot be reduced to other sorts of belief. I argue that the form of religious non‐realism that emerges from taking biological naturalism seriously has a future because it respects the nature of religious belief and seeks to build on its capacity as a unique source of meaning in people's lives. There is also enough common ground with religious realism for there to be genuine dialogue between the two. (shrink)

A number of clarifications of the target article and some corrections are made. I clarify which concepts the thesis was intended to be about, what “descriptionism” means, the difference between “concepts” and “conceptions,” and why extensions are not determined by conceptions. I clarify the meaning of “substances,” how one knows what inductions to project over them, the connection with “basic level categories,” how it is determined what substance a given substance concept is of, how equivocation in concepts occurs, and the (...) role of language in the conception of substances. Finally, I clarify exactly why I said that concepts of individuals, real kinds, and stuffs have “a common structure,”. (shrink)

This article presents a sociological analysis of the changing role of women in the Catholic church over the past twenty years. The theoretical framework is drawn from The Social Construction of Reality by Peter Berger and Thomas Luckmann. Data are derived from the documents of Vatican II, the revised Code of Canon Law, research from 1965 to the present, and exploratory interviews with Catholic women recently appointed as church administrators. The article concludes with a discussion of future prospects regarding the (...) new social reality for Catholic women. (shrink)

Hume is sometimes thought to provide a ‘naturalistic’ response to the sceptic. I consider two ways in which this response may be construed. According to the first, the fact that we are psychologically determined to hold a belief provides it with justification. According to the second, ‘natural’ beliefs provide limits within which reason can legitimately be employed, limits which the sceptic transgresses when he attempts to defend his position. Both versions of the naturalistic response to scepticism, I will argue, aren't (...) plausible. And they aren't, at least not predominantly, Hume's. (shrink)

I consider a seemingly attractive strategy for grappling with the mind-body problem. It is often thought that materialists are committed to spatially locating mental events, whereas dualists are barred from so doing. The thought naturally arises, then, that reasons for or against the spatiality of the mental may be wielded to adjudicate between the different positions in the mind-body dispute. Showing that mental events are spatially located, it may be thought, is ipso facto showing the truth of materialism. Conversely, it (...) seems, if we can show that mental events are not spatially located, we will have refuted materialism. The strategy looks promising because it reduces a very abstruse problem to a much more tractable one. Unfortunately, I will argue, it can’t be implemented. (shrink)

We examine how UK listed companies set executive pay, considering the implications of following best practice in corporate governance and how this canconflict with what stakeholders might perceive as good behaviour. We do this by presenting the results of 40 interviews with protagonists in the debate, setting out the dilemmas faced by remuneration-setters, and how the processes they follow can lead to ethical conflicts. Overall, we conclude that although best practice might drive good behaviour, it often does not.