Picking up the question of what FLaK might be, this editorial considers the relationship between openness and closure in feminist legal studies. How do we draw on feminist struggles for openness in common resources, from security to knowledge, as we inhabit a compromised space in commercial publishing? We think about this first in relation to the content of this issue: on image-based abuse continuums, asylum struggles, trials of protestors, customary justice, and not-so-timely reparations. Our thoughts take us through the different (...) ways that openness and closure work in struggles against violence, cruel welcomes, and re-arrangements of code and custom. Secondly, we share some reflections on methodological openness and closure as the roundtable conversation on asylum, and the interview with Riles, remind us of #FLaK2016 and its method of scattering sources as we think about how best to mix knowledges. Thirdly, prompted by the FLaK kitchen table conversations on openness, publishing and ‘getting the word out’, we respond to Kember’s call to ‘open up open access’. We explain the different current arrangements for opening up FLS content and how green open access, the sharedit initiative, author request and publisher discretion present alternatives to gold open access. Finally drawing on Franklin and Spade, we show how there are a range of ‘wench tactics’—adapting gifts, stalling and resting—which we deploy as academic editors who are trying to have an impact on the access, use and circulation of our journal, even though we do not own the journal we edit. These wench tactics are alternatives to the more obvious or reported tactic of resignation, or withdrawing academic labour from editing and reviewing altogether. They help us think about brewing editorial time, what ambivalence over our 25th birthday might mean, and how to inhabit painful places. In this, we respond in our own impure, compromised way to da Silva’s call not to forget the native and slave as we do FLaK, and repurpose shrapnel, in our common commitments. (shrink)

This paper examines Nietzsche's views on love and marriage in the works of his middle period. Contrary to the general consensus in the secondary literature regarding Nietzsche's ideas on these matters, it shows that he offers several positive reflections on love and marriage. Indeed, at times he accepts that friendship is possible between the genders and even models marriage on friendship. Modelling marriage on friendship creates an overlap between Nietzsche's thought and that of John Stuart Mill and Harriet Taylor. (...) However, it is argued here that, albeit for different reasons, none of these visions of marriage as friendship succeeds in fully accommodating sexuality. (shrink)

A combination of social forces has thrown marriage into question in westernised societies at the end of the millennium. This uncertainty creates space for new ways of thinking about marriage. In this context, we examine the idea of marriage as friendship. We trace its genealogy in the work of Mary Wollstonecraft, John Stuart Mill and Harriet Taylor and then subject it to critical scrutiny using some of Michel de Montaigne’s ideas. We ask how applic- able the ideal of higher (...) friendship is to marriage and what might be gained and lost by a synthesis of marriage and friendship. Grounding the discussion in historical sources is valuable because the topic is so little explored in the contemporary philosophical literature. This approach also allows any enduring value in these historical texts to be elicited. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 12.1 (2002) 103-113 [Access article in PDF] Scope Note Update Searching Across Boundaries: National Information Resource on Ethics and Human Genetics* While indeed an historical moment, the announcement of the mapping of the human genome has been treated in the literature as a beginning—a new way to think about biology and the ways in which biological concepts are applied to medicine. Issues of both (...) Science and Nature magazines celebrated the event by establishing interdisciplinary websites where readers can access essays on aspects of genome mapping and directly link to databases to search for more information on the topics (IV. Genome Gateway 2001; The Human Genome 2001). Since 1994, the National Information Resource on Ethics and Human Genetics (NIREHG), a special project of the National Reference Center for Bioethics Literature (NRC), has been providing such an integrated information service on ethics and genetics. Designed to enable a wide range of users to go from annotated bibliographies (Scope Notes) and brief essays (called "enotes") to database searching, NIREHG fosters an interdisciplinary approach to research on ethics and genetics. Links are provided between and among Scope Notes and enotes to information maintained on the NIREHG site as well as to sources found throughout the Internet. In providing the following annotations added to NIREHG materials since 1997, the Kennedy Institute of Ethics Journal (in its online presence through Project Muse) becomes an additional forum for NIREHG links. "It is a rare and wonderful moment when success teaches us humility, and this, I argue, is precisely the moment at which we find ourselves at the end of the twentieth century" (IV. Keller 2000, p. 7). It is with both joy and humility that we celebrate the mapping of the human genome. [End Page 103] I. Genetic Testing Andrews, Lori B. Future Perfect: Confronting Decisions About Genetics. New York: Columbia University Press, 2001. 264 p.Noting the wide impact of genetic testing, Andrews discusses patient self concept, reproduction decisions, confidentiality, discriminations in health insurance and employment, the need for competent counseling, and the legal, ethical, and social regulations she deems important to help solve dilemmas arising from the tests and their ensuing ramifications. She describes three models, pointing out both advantages and problems: a medical model with physician gatekeepers, a public health model that could provide education as well some testing for those unable to afford tests, and a fundamental rights model that could give greater weight to individuals decisions about the use of health care services. The book has 85 pages of footnotes.American Society of Human Genetics. Social Issues Subcommittee on Familial Disclosure. Professional Disclosure of Familial Genetic Information. American Journal of Human Genetics 62 (2): 474-83, February 1998.The ASHG statement outlines points to consider: the general rule of confidentiality, exceptional circumstances that permit disclosure, and the ethical duty to inform patients about familial implications. Background discussion includes: ethical frameworks for disclosure of otherwise confidential information, the duty to warn under law, and international trends and positions.Boetzkes, Elisabeth. Genetic Knowledge and Third-Party Interests. Cambridge Quarterly of Healthcare Ethics 8 (4): 386-92, Summer 1999.Protection from the interests of insurers or prospective employers are discussed from the point of view of the ethical basis of the professional obligation to confidentiality as well as the right to privacy of those tested. However, the author supports family members, saying that "first-party resistance to disclosure may be overcome by weighty third-party claims."Chadwick, Ruth; Shickle, Darren; ten Have, Henk; and Wiesing, Urban, eds. The Ethics of Genetic Screening. Dordrecht, The Netherlands: Kluwer Academic Publishers, 1999. 255 p.Twenty-one chapters and 23 authors provide views of genetic testing/screening in different European countries and offer brief discussions of sociological perspectives, moral and philosophical issues, privacy, reconciling liberty and the common good, and questions raised in genetic testing of children.Clayton, Ellen Wright. Genetic Testing in Children. Journal of Medicine and Philosophy 22 (3): 233-51, June 1997.Clayton argues that there is room for... (shrink)

Ruth Garrett Millikan presents a strikingly original account of how we get to grips with the world in thought. Her question is Kant's 'How is knowledge possible?', answered from a contemporary naturalist standpoint. We begin with an understanding of what the world is like prior to cognition, then develop a theory of cognition within that world.

The objective of this paper is to understand from a sociological perspective how the moral question of euthanasia, framed as the “right to die”, emerges and is dealt with in society. It takes France and Germany as case studies, two countries in which euthanasia is prohibited and which have similar legislation on the issue. I presuppose that, and explore how, each society has its own specificities in terms of practical, social and political norms that affect the ways in which they (...) deal with these issues. The paper thus seeks to understand how requests for the “right to die” emerge in each society, through both the debate (analysis of daily newspapers, medical and philosophical literature, legal texts) and the practices (ethnographic work in three French and two German hospitals) that elucidate the phenomenon. It does so, however, without attempting to solve the moral question of euthanasia. In spite of the differences observed between these two countries, the central issue at stake in their respective debates is the question of the individual’s autonomy to choose the conditions in which he or she wishes to die; these conditions depend, amongst others, on the doctor-patient relationship, the organisation of end-of-life care in hospital settings, and more generally, on the way autonomy is defined and handled in the public debate. (shrink)

The Office for Human Research Protections was correct in determining that the consent forms for the National Institutes of Health -sponsored SUPPORT study were seriously flawed. Several articles defended the consent forms and criticized the OHRP's actions. Disagreement focuses on three central issues: how risks and benefits should be described in informed consent documents; the meaning and application of the concept of “standard of care” in the context of research; and the proper role of OHRP. Examination of the consent forms (...) reveals that they failed to disclose the reasonably foreseeable risks of the experimental interventions in the study, as well as the potential for differences in the degree of risk between these interventions. Although the concept of “standard of care” may be helpful in determining the ethical acceptability of other aspects of research, such as clinical equipoise, it is not helpful in discussing consent requirements. (shrink)

Tim Maudlin's argument for the inconsistency of Cramer's Transactional Interpretation of quantum theory has been considered in some detail by Joseph Berkovitz, who has provided a possible solution to this challenge at the cost of a significant empirical lacuna on the part of TI. The present paper proposes an alternative solution in which Maudlin's charge of inconsistency is evaded but at no cost of empirical content on the part of TI. However, Maudlin's argument is taken as ruling out Cramer's heuristic (...) "pseudotime" explanation of the realization of one transaction out of many. (shrink)

Ontology. Revisited. Groff's argument cuts against a familiar anti-metaphysical grain. Social and political philosophy, she maintains, is not as metaphysically neutral as it may seem. Even the most deontological of theories connects up with a ...

Today, in a Western secular context, the affective phenomenon of religious zeal is often associated, or even identified, with religious intolerance, violence, and fanaticism. Even if the zealots’ devotion remains restricted to their private lives, “we” as Western secularists still suspect them of a lack of reason, rationality, and autonomy. However, closer consideration reveals that religious zeal is an ethically and politically ambiguous phenomenon. In this article, I explore the question of how this ambiguity can be explained. I do so (...) by drawing on Paul Ricœur’s theory of affective fragility and tracing back the ambiguity of religious zeal to a dialectic inherent to human affectivity and existence itself. According to Ricœur, human affectivity is constituted by the two poles of vital and spiritual desires which are mediated by the thymos. As I show, this theory helps us to understand that religious zeal as a spiritual desire is neither plainly good nor plainly bad, but ambiguous. Moreover, it enables us to acknowledge the entanglement of abstraction and concretion that is inherent to the phenomenon of religious zeal. Finally, this theory helps us to understand why religious zeal, as one possible expression of the human quest for the infinite, is both a promise and a threat. In conclusion, human existence is tragic not in that we necessarily fail, but in that no matter which path we take with regard to our spiritual desires—that of affirmation, rejection, or moderation—we are and remain fallible. (shrink)

Most of Christine Swanton’s quotations from and references to Nietzsche are drawn The Genealogy of Morals, Thus Spoke Zarathustra, and Beyond Good and Evil. I suggest that Human, All too Human and Daybreak, two of Nietzsche’s most neglected works, provide rich resources for Swanton’s interpretation of Nietzsche’s view of self-love and its defining role in genuinely ethical action. Self-love assumes a central place in these writings, as do its cognate concepts of egoism and vanity. I outline some of the reasons (...) why these two middle period writings recommend themselves powerfully for Swanton’s philosophical purposes. I examine to what extent passages on self-love from these neglected works nourish, but also to what extent they challenge or upset, the central place accorded to self-love in Swanton’s recalibration of virtue ethics. (shrink)

Since the last issue of Feminist Legal Studies, we editorial board members have had lots of conversations about comfort, displacement and alienation. As we developed the programme for #FLaK2016 we thought about it as a kind of pulling ourselves out of our comfort zone, if academic events and journals ever have a comfort zone. Drawing on a mix of feminist live performance methods and a science and technology studies-type curiosity for objects of experimentation, we tried out a kitchen table method (...) of hosting a live research conversation with activists, artists and academics over two days. But we had not fully anticipated the way that the Brexit result would contribute to and complicate discomfort. A fuller analysis of FLaK awaits a later moment, but here we pick out this one aspect of our gathering—feelings of discomfort – as they animate the contributions to this issue in interesting ways. (shrink)

IT IS A COMMONLY HELD VIEW that a clear distinction can be made between what a person does and what happens to him. This distinction is usually assumed, rather than argued for, and it is made to do some work--a load it seems unable to bear--in contemporary philosophy of action. Minimally, the thesis asserts that a man's actions are those things he does. This thesis is used to support the view that it is a conceptual error or otherwise inappropriate to (...) attempt to provide causal explanations of human actions. It is frequently argued that although what happens to a person is an event subsumable under causal laws, a person's action is not amenable to causal explanations. (shrink)

In view of a resurgence of concern about the measurement problem, it is pointed out that the Relativistic Transactional Interpretation remedies issues previously considered as drawbacks or refutations of the original TI. Specifically, once one takes into account relativistic processes that are not representable at the non-relativistic level, absorption is quantitatively defined in unambiguous physical terms. RTI therefore provides a well-defined terminus to what appears to be a necessary infinite regress concerning ‘absorption’ when only the non-relativistic level is considered. In (...) addition, specifics of the relativistic transactional model demonstrate that the Maudlin ‘contingent absorber’ challenge to the original TI cannot even be mounted: basic features of established relativistic field theories dictate that the ‘slow-moving offer wave’ required for the challenge scenario cannot exist. It is concluded that issues previously considered obstacles for TI are no longer legitimately viewed as such, and that reconsideration of the transactional picture is warranted in connection with solving the measurement problem. (shrink)

In the current study we look at whether subjective and proprioceptive aspects of selfrepresentation are separable components subserved by distinct systems of multisensory integration. We used the rubber hand illusion to draw the location of the ‘self’ away from the body, towards extracorporeal space , thereby violating top-down information about the body location. This was compared with the traditional RHI which drew position of the ‘self’ towards the body . We were successfully able to draw proprioceptive position of the limbs (...) in and out from the body suggesting body perception is a purely bottom-up process, resistant to top-down effects. Conversely, we found subjective self-representation was altered by the violation of top-down body information – as the strong association of subjective and proprioceptive factors found in the In Condition became non-significant in the Out Condition. Interestingly, we also found evidence that subjective embodiment can modulate tactile perception. (shrink)

Theories of a new phase of earth history, the Anthropocene, position human world-making activity as a bio-geological force. Social interventions into earth systems have been extensive and malignant, altering the earth’s surface, atmosphere, oceans, and systems of nutrient cycling. To adapt and respond to emerging planetary dangers requires the collaboration of scholars from many different disciplines. In this paper, I argue that a coalition of the arts and sciences might draw upon György Márkus’s extensive studies of the topography of ‘high’ (...) culture. I reconstruct Márkus’s conceptual map of the arts and sciences as regions of ‘high’ cultural activity, each with their own criteria of value yet subject to an integral unity and shared ambition. Both regions of ‘high’ culture aim to create original works of significance for an engaged public. I then examine the implications of Márkus’s claim that the classical vocation of robust, public-oriented culture has run aground. The field of problems that this paper traverses are not the ecological crises of the Anthropocene per se. I attend rather to Márkus’s account of the neoliberal erosion of cultural infrastructure where democratic publics might engage with such problems. (shrink)

The human imagination remains one of the last uncharted terrains of the mind. People often imagine how events might have turned out something had been different. The of reality, those aspects more readily changed, indicate that counterfactual thoughts are guided by the same principles as rational thoughts. In the past, rationality and imagination have been viewed as opposites. But research has shown that rational thought is more imaginative than cognitive scientists had supposed. In The Rational Imagination, I argue that imaginative (...) thought is more rational than scientists have imagined. People exhibit remarkable similarities in the sorts of things they change in their mental representation of reality when they imagine how the facts could have turned out differently. For example, they tend to imagine alternatives to actions rather than inactions, events within their control rather than those beyond their control, and socially unacceptable events rather than acceptable ones. Their thoughts about how an event might have turned out differently lead them to judge that a strong causal relation exists between an antecedent event and the outcome, and their thoughts about how an event might have turned out the same lead them to judge that a weaker causal relation exists. In a simple temporal sequence, people tend to imagine alternatives to the most recent event. The central claim in the book is that counterfactual thoughts are organised along the same principles as rational thought. The idea that the counterfactual imagination is rational depends on three steps: (1) humans are capable of rational thought; (2) they make inferences by thinking about possibilities; and (3) their counterfactual thoughts rely on thinking about possibilities, just as rational thoughts do. The sorts of possibilities that people envisage explain the mutability of certain aspects of mental representations and the immutability of other aspects. (shrink)

This essay provides a historical, philosophical, and critical overview of the development of the transactional interpretation of quantum mechanics. It is separated into two parts. Part I presents the history and development of TI from 1986 up to 2016. Part II lays out current areas of divergence among researchers in TI.

ABSTRACT How are educational theory and practice to respond to the problem of the fragmentation of value, characteristic of modernity? This paper criticises Susan Mendus' recent examination of three different arguments for revaluing past traditions. While endorsing her rejection of proposals to return to the past, the paper challenges the converse proposal that education should rely on the development of critical understanding. Such a proposal attends to only one of two features of modern consciousness which are of central relevance to (...) education. The paper further argues that liberal education's theoretical framework itself impedes a more adequate response to this and to related questions of individual and social development. (shrink)

Subject & Object is a thematic collection of classic works by Max Horkheimer, Theodor Adorno, and Herbert Marcuse, designed to foreground the authors' philosophical concerns, especially in the areas of epistemology, ontology, and method. The volume, which includes lucid introductions to all of the selections, illustrates Frankfurt School approaches to questions such as the nature of reason; the limits of empiricism, pragmatism and Kantian transcendental idealism; the case for materialism; the difficulty of thinking counterfactually; and the ideological character of mainstream (...) social science. Many of the pieces in the volume are otherwise out of print. Subject & Object will be a resource for social, political, and cultural theorists who may be less familiar with the philosophical aspects of the Frankfurt School, for analytic philosophers who may not have had previous exposure to their work at all, and for anyone wanting access to these seminal texts. (shrink)

This quotation from the London Review of Books is an example of a turn—a different way of looking at things that involves a redefinition of the kind of thing higher education is and how it should be provided. It is a turn away from a public good perspective—the opposite, it might be said, of the kind of turn addressed in this article.

The Conservative Manifesto has to be scoured for policies which might improve the lives of women as a sex. There is a section on animal welfare but nothing on the welfare of women. Little attention is paid to women's special problems either at work or as carers in the home. Yet much Conservative social policy depends on women as unpaid carers. (St-John Brooks, 1987).

In February 2020, the British Medical Association will be surveying members for their views on what the BMA’s position on physician-assisted dying should be. The BMA is currently opposed to physician-assisted dying in all its forms, a position that was agreed in 2006 at the annual representative meeting, the Association’s policy-making conference.1 As previously reported in Ethics briefing,2 the decision to survey members follows a motion passed at last year’s ARM which called on the BMA to “carry out a poll (...) of members to ascertain their views on whether the BMA should adopt a neutral position with respect to a change in the law on assisted dying”. The results from the survey will not determine BMA policy. Rather, the results be published ahead of this year’s ARM and provided to those attending to inform a debate and discussion on the BMA’s policy position. More information about the survey, including a briefing pack of useful information, and information for BMA members on how to participate can be found online at www.bma.org.uk/PAD. ### High Court rejects Judicial reviews on assisted suicide The High Court has refused permission for two separate challenges to the law on assisted suicide in the UK to proceed to a full hearing. In the first case, Phil Newby, who has motor neuron disease, applied for judicial review of the law on assisted suicide and asked for the court to carry out a detailed examination of what he termed “legislative facts” – that is, an examination of the existing evidence on the “costs, risks and benefits” of regulating assisted suicide – including a cross-examination of relevant expert witnesses.1 Handing down the judgement, Lord Justice Irwin and Mrs Justice May, held that assisted dying …. (shrink)

This article proposes a third way of reading Nietzsche's remarks on women, one that goes beyond misogyny and metaphor. Taking the depiction of women in the works of the middle period at face value shows that these works neither entirely demean women nor exclude them from the higher life. Nietzsche's middle period comprises HAH (1879-80, which includes "Assorted Opinions and Maxims" and "The Wanderer and His Shadow"), D (1881) and GS (1882). The works of this period do not disqualify women (...) from free spirithood, for some of their passages can be read as befitting some women of the future for this honour. (shrink)

How we experience space by listening: the concepts of aural architecture, with examples ranging from Gothic cathedrals to surround sound home theater. We experience spaces not only by seeing but also by listening. We can navigate a room in the dark, and "hear" the emptiness of a house without furniture. Our experience of music in a concert hall depends on whether we sit in the front row or under the balcony. The unique acoustics of religious spaces acquire symbolic meaning. Social (...) relationships are strongly influenced by the way that space changes sound. In Spaces Speak, Are You Listening?, Barry Blesser and Linda-Ruth Salter examine auditory spatial awareness: experiencing space by attentive listening. Every environment has an aural architecture.The audible attributes of physical space have always contributed to the fabric of human culture, as demonstrated by prehistoric multimedia cave paintings, classical Greek open-air theaters, Gothic cathedrals, acoustic geography of French villages, modern music reproduction, and virtual spaces in home theaters. Auditory spatial awareness is a prism that reveals a culture's attitudes toward hearing and space. Some listeners can learn to "see" objects with their ears, but even without training, we can all hear spatial geometry such as an open door or low ceiling. Integrating contributions from a wide range of disciplines—including architecture, music, acoustics, evolution, anthropology, cognitive psychology, audio engineering, and many others—Spaces Speak, Are You Listening? establishes the concepts and language of aural architecture. These concepts provide an interdisciplinary guide for anyone interested in gaining a better understanding of how space enhances our well-being. Aural architecture is not the exclusive domain of specialists. Accidentally or intentionally, we all function as aural architects. (shrink)

On occasion, British in vitro fertilization practitioners look over the ocean to the practice of IVF and embryo research in the United States, wonder why these areas are subject to less regulation than in the United Kingdom, and ask how much less risky and more progressive IVF and embryo research might be if subject to additional federal, or at least state, regulation. To an American audience, imbued with the centuries‐old spirit of independence, regulation and autonomy can seem in tension. From (...) a British perspective, there is no necessary conflict. There is no dissent in the United Kingdom from the proposition that individual activities, services, and industries can be regulated and, at the same time, retain and exercise such autonomy as is their right within a safe sphere. From 1994 to 2002, I was the chair of the United Kingdom's Human Fertilisation and Embryology Authority, which regulates the practice of IVF and embryo research. The existence of the HFEA assures patients that safety and aspects of the practice of assisted reproduction are monitored, leaving them free to choose without worrying about danger, in the same way that the public may take only those drugs that have passed health and safety tests. I would propose that anxious and vulnerable patients do not have more autonomy in a less regulated, market‐driven field. (shrink)

In ihrem Beitrag: „Poisoning the well, or how economic theory damages moral imagination" (Nelson 2016) fragt Julie Nelson -/- "What if people might act out of social and other-regarding concerns, as well as reasonable self-interest in their economic lives, but are pushed by the economic theory of self-interested utility maximization to believe that it is permissible – and perhaps even appropriate – to be irresponsible, opportunistic, and selfish when participating in markets? What if business leaders might pay attention to the (...) implications of their decisions for workers, communities, the environment, and others who are affected by their firm's actions, but economic theory encourages them to believe that they should – and in fact must – focus on getting every last dollar of profit possible?" (Nelson 2016: 184) -/- Ich lese diese Fragen von Nelson als einen Appell, die Theorie der Ökonomie umfassend auf ihre Tauglichkeit für unsere Lebenswirklichkeit zu hinterfragen. Die Theorien der Ökonomie mögen Disziplinen-intern funktional sein, sie sind damit noch lange nicht lebenstauglich. Im Gegenteil, sie erweisen sich als Überlebens-avers, im schlimmsten Falle, Leben-zerstörend. Die Aufgabe, das Wozu der Wirtschaftsphilosophie lässt sich von hier aus schon trefflich bestimmen. Die Herausforderung jedoch bleibt, Umfang und Perspektive, von wo aus die Kritik und auch die In-Blicknahme des Ganzen geschehen kann, zu verorten, und genau dieses Anliegen ist im Beitrag von Ingo Pies und Marc Hübscher zentral: Aus welcher Perspektive kann diese Frage beantwortet werden, wenn diese Bestimmung als denkerische Selbstaufklärung realisiert werden soll? (shrink)