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.

This paper distinguishes bruteness from fundamentality by developing a theory of stochastic grounding that makes room for non-fundamental bruteness. Stochastic grounding relations, which only underwrite incomplete explanations, arise when the fundamental level underdetermines derivative levels. The framework is applied to fission cases, showing how one can break symmetries and mitigate bruteness whilst avoiding arbitrariness and hypersensitivity.

ABSTRACTThis paper addresses the problem of opaque sweetening and argues that one should use stochastic dominance in comparing lotteries even when dealing with incomplete orderings that allow for non-comparable outcomes.

This treatise presents thoughts on the divide that exists in chemistry between those who seek their understanding within a universe wherein the laws of physics apply and those who prefer alternative universes wherein the laws are suspended or ‘bent’ to suit preconceived ideas. The former approach is embodied in the quantum theory of atoms in molecules (QTAIM), a theory based upon the properties of a system’s observable distribution of charge. Science is experimental observation followed by appeal to theory that, upon (...) occasion, leads to new experiments. This is the path that led to the development of the molecular structure hypothesis—that a molecule is a collection atoms with characteristic properties linked by a network of bonds that impart a structure—a concept forged in the crucible of nineteenth century experimental chemistry. One hundred and fifty years of experimental chemistry underlie the realization that the properties of some total system are the sum of its atomic contributions. The concept of a functional group, consisting of a single atom or a linked set of atoms, with characteristic additive properties forms the cornerstone of chemical thinking of both molecules and crystals and Dalton’s atomic hypothesis has emerged as the operational theory of chemistry. We recognize the presence of a functional group in a given system and predict its effect upon the static, reactive and spectroscopic properties of the system in terms of the characteristic properties assigned to that group. QTAM gives physical substance to the concept of a functional group. (shrink)

The quantum theory of atoms in molecules (QTAIM) uses physics to define an atom and its contribution to observable properties in a given system. It does so using the electron density and its flow in a magnetic field, the current density. These are the two fields that Schrödinger said should be used to explain and understand the properties of matter. It is the purpose of this paper to show how QTAIM bridges the conceptual gulf that separates the observations of chemistry (...) from the realm of physics and do so in a manner that is both rigorous and conceptually simple. Since QTAIM employs real measurable fields, it enables one to present the findings of complex quantum mechanical calculations in a pictorial manner that isolates the essential physics. The time has arrived for a sea change in our attempts to predict and classify the observations of chemistry, time to replace the use of simplified and arbitrary models with the full predictive power of physics, as applied to an atom in a molecule. (shrink)

No reverberatory effect of the great war has caused American public opinion more solicitude than the failure of the “melting-pot.” The tendency... has been for the national clusters of immigrants, as they became more and more firmly established and more and more prosperous to cultivate more and more assiduously the literatures and cultural traditions of their homelands. Assimilation, in other words, instead of washing out the memories of Europe, made them more and more intensely real. Just as these clusters became (...) more and more objectively American, did they become more and more German or Scandinavian or Bohemian or Polish.... [This] is not, however, to admit the failure of Americanization. It is not to fear the failure of democracy. It is rather to urge us to an investigation of what Americanism may rightly mean. It is to ask ourselves whether our ideal has been broad or narrow—whether perhaps the time has not come to assert a higher ideal than the “melting pot.”... We act as if we wanted Americanization to take place only on our own terms, and not by the consent of the governed. All our elaborate machinery of settlement and school and union, of social and political naturalization, however, will move with friction just in so far as it neglects to take into account this strong and virile insistence that American shall be what the immigrant will have a hand in making it, and not what a ruling class, descendent of those British stocks which were the first permanent immigrants, decide that America shall be made. Randolph Bourne (1916/1977, 248ff). (shrink)

Being in the bodily presence of others facilitates important perceptual, social, and informational advantages. For example, it enables direct access to other subjects’ embodied perspectives, motivates intersubjective engagements, and is involved in the construction of shared experiences and joint actions. These advantages are based on and gained through attending to and with others, i.e. they rely on social attention. It is no surprise, therefore, that a growing body of empirical data indicates that social attention is a special attentional state that (...) involves specific behavioral and neural-cognitive properties. Another important feature of the human capacity for social attention, which is highlighted in this article is that in everyday environments social attention considerably extends and enriches the subject’s attentional field. This idea draws on phenomenological considerations and on findings from cognitive science research that suggest that subjects can attend to more than in the center of their attention and that under normal conditions we can gain more features and more situations when attending to the movements, gestures, and facial expressions of others. The influence of others on the structure of our attentional field is evident from situations where others are absent from our daily surroundings. In these circumstances our attentional field narrows and the world transforms into an unfamiliar and sometimes uncanny place. Intriguingly, the same most likely occurs in social pathologies such as BPD and SAD, in which the bodily presence of others does not generate the emotional response we see in healthy humans even though the subject’s basic capacity for social attention is intact. (shrink)

Department of Geography and Planning, University of Amsterdam, The Netherlands There is a growing sense of dissatisfaction among political philosophers with the practical sterility and empirical inadequacy of the discipline. Post-Rawlsian philosophy is wrestling with the need to construct a ‘contextualized morality’ that is sensitive to the particularities and complexities of actual moral reasoning but does not succumb to the temptations of relativism. We argue that this predicament is due to its inability to take the pluralism of our moral universe, (...) the multi-layeredness of our social reality, the indeterminacy of our normative principles and the complexity of our practical reasoning seriously. To incorporate these properties of the ‘human condition’ we have constructed a complex evaluative framework, balancing moral, ethico-political, prudential and realist criteria. We argue that political philosophy new style is well advised to adopt such a framework and to position itself, as a true ‘art’, between political philosophy old style and the social sciences. Thus political philosophy is better equipped to deal with the big tradeoffs of today, rekindle our utopian hopes and regain political bite. Key Words: comparative institutionalism • evaluation studies • political philosophy • political theory. (shrink)

Authentic human life is the open-ended dialogue. Life by its very nature is dialogic. To live means to participate in dialogue: to ask questions, to head, to respond, to agree, and so forth. In this dialogue a person participates wholly and throughout his whole life: with his eyes, lips, hands, soul, spirit, with his whole body and deeds. He invests his entire self in discourse, and this discourse enters into the dialogic fabric of human life, into the world symposium. (Bahktin, (...) 1984, p. 283)... (shrink)

The contrast between the normative functions of political parties in representative democracies and their empirical working is stark and rapidly increasing. This article starts from a sober, realist account of the empirical state of affairs and from structural problems of democracy and participations – in terms of limits of time, information, qualification and relevant expertise – that have to be acknowledged by any realist–utopian proposal of alternatives beyond the exclusive alternative of ‘thin, realist democracy’ or emphatic ‘strong, participatory, direct, or (...) mass democracy’. We can do better. My search for institutional alternatives looks not for the replacement of political parties but for their relief. Many, not all, of their normative tasks can be shared with other functional networks, associations and organizations. In exploring such a new division of political labour I draw on older debates and designs of associative democracy and on recent discussions to democratize expertise and to expertise democracy in order to address urgent societal problems of high-risk decisions under conditions of extreme complexity, contingency, unpredictability and uncertainty and deep contestedness of our knowledge, problems that turn out to be unmanagable by party politics and representative democracy. (shrink)

Volume 24, Issue 8, August 2024, Page 31-34.

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)

Pluralists argue for the distinctness of coinciding objects on the grounds that they have different properties. The grounding problem is the problem of explaining how the supposed difference in properties can arise in the first place. This paper considers this problem as an instance of a more general phenomenon, namely, the problem of dealing with underdetermination in asymmetrical systems admitting of non-trivial automorphisms. It argues in favour of primitivism by developing an account of stochastic grounding that makes room for non-fundamental (...) bruteness and substantially mitigates the costs of primitivism. (shrink)

What does it mean to say that ethics committees that provide prospective review of research involving human beings should be “independent”? In the United States, IRBs—which are typically located within and review research protocols at the institution for which most of their members work—cannot really be considered independent. Yet separating the IRB from the research institution may in turn mean less independence from a trial’s sponsors, as this kind of IRB is commercially motivated and paid directly by the sponsor. One (...) possible answer is to create independent IRBs that are not for profit, but how this model would attract financial and administrative support is unclear. (shrink)

Most deontologists find bedrock in the Pauline doctrine that it is morally objectionable to do evil in order that good will come of it. Uncontroversially, this doctrine condemns the killing of an innocent person simply in order to maximize the sum total of happiness. It rules out the conscription of a worker to his or her certain death in order to repair a fault that is interfering with the live broadcast of a World Cup match that a billion spectators have (...) been enjoying. It rules out such sacrifice even if it would maximize the sum total of everyone's happiness. An act utilitarian, by contrast, would require the sacrifice of the one whenever this latter condition obtains, since such a utilitarian is committed to the view that one ought always to act so as to bring about the greatest sum total of happiness. An act utilitarian might, however, consistently hold that a large number of rather insignificant pleasures, such as that which a spectator derives from witnessing men in shorts running around and kicking a ball, is never sufficient to justify the infliction of a great harm on a single individual. 4 He might take such a position without abandoning utilitarianism by denying that the sum total of such minor pleasures could ever be sufficiently great to outweigh the harm of death to the one. Under the inspiration of John Stuart Mill, a utilitarian might draw a more general distinction between serious and trivial harms and pleasures and maintain that no amount of a trivial pleasure could ever amount to a sum of happiness that is greater than the disutility of a serious harm. (shrink)

(2001). Problems and prospects of associative democracy: Cohen and Rogers revisited. Critical Review of International Social and Political Philosophy: Vol. 4, Associative Democracy: The Real Third Way, pp. 31-70.

Logic, Methodology and Philosophy of Science VII.

Both in church and culture, discussion of sexual orientation has far outpaced discussion of gender identity, leaving the churches with limited resources to respond to “bathroom bills” or to walk faithfully with transgender persons in their midst. This paper draws on the work of Rowan Williams and Sarah Coakley to argue for understanding gender transition as an eschatological formation ordered to the body’s grace. In critical conversation with Oliver O’Donovan, John Milbank, and David Cloutier, the paper offers a constructive, non-voluntarist (...) theological proposal for transgender affirmation in the service of participation in the triune life that exceeds gender. (shrink)

Political philosophy has difficulties to cope with the complexity and variety of state-religions relations. ‘Strict separationism’ is still the preferred option amongst liberals, deliberative and republican democrats, socialist and feminists. In this article, I develop a complex typology based on comparative history and sociology of religions. I summarize my reasons why institutional pluralist models like plural establishment or non-constitutional pluralism are attractive not only for religious minorities but for religiously deeply diverse societies in general. Most attention is paid defending associative (...) democracy, the most flexible and open variety of institutional pluralism, against realist objections that group representation is incompatible with liberal democracy, that it leads to stigmatization and bureaucratization, that it strengthens undemocratic leaders, that it leads to an ossification of the status quo, and, most importantly, that it is inherently divisive undermining social cohesion and political unity. In my refutation of these objections I try to show that it helps to integrate minority religions into liberal democratic policies compatible with reasonable pluralism and to prevent religious and political fundamentalism. (shrink)

Die vorliegende Untersuchung setzt sich mit jenen Werken auseinander, die im frühen 18. Jahrhundert hermeneutische Problemgehalte ansprechen. Gleichsam als Vorbotin einer Kritik der Verstandeserkenntnis wird in der rationalistischen Aufklärung eine Bewegung spürbar, die geschichtshermeneutische, erkenntnis- und moralkritische Ansätze hervorbringt und in Opposition zu allgegenwärtigen nomologischen Vorstellungen die Frage nach dem ganzen Menschen neu formuliert. Diese ästhetisch-hermeneutische Kritik bezieht sich nicht nur auf die Gesetzeswissenschaften, sondern auch auf geschichtliche Problemstellungen, so daß die hier thematisierten Diskussionen über Gemeinsinn, empfindsame Moralkritik und ästhetische (...) Erkenntniskritik gleichsam Momente eines umfassenden Zusammenhangs verkörpern. (shrink)

This article traces conceptualizations of technology from narrow definitions to a broader understanding that encompasses the larger social and environmental context within which technology operates. In doing so, the associated social and environmental drivers and impacts of technology are identified and conclusions are drawn for the roles of technology and technology change in achieving sustainability.