It is argued that the way towards understanding the experiments with visible light which purport to exhibit nonlocality lies in a return to the wave theory of light. A connection is also indicated between the present-day photon description and the pre-wave-theory corpuscular description, and hence we see that, essentially, the problem of nonlocality in physics was solved nearly two centuries ago by Young and Fresnel.

BackgroundAccurate reporting on sex and gender in health research is integral to ensuring that health interventions are safe and effective. In Canada and internationally, governments, research organizations, journal editors, and health agencies have called for more inclusive research, provision of sex-disaggregated data, and the integration of sex and gender analysis throughout the research process. Sex and gender analysis is generally defined as an approach for considering how and why different subpopulations (e.g., of diverse genders, ages, and social locations) may experience (...) health conditions and interventions in different or similar ways.The objective of this study was to assess the extent and nature of reporting about sex and/or gender, including whether sex and gender analysis (SGA) was carried out in a sample of Canadian randomized controlled trials (RCTs) with human participants.MethodsWe searched MEDLINE from 01 January 2013 to 23 July 2014 using a validated filter for identification of RCTs, combined with terms related to Canada. Two reviewers screened the search results to identify the first 100 RCTs that were either identified in the trial publication as funded by a Canadian organization or which had a first or last author based in Canada. Data were independently extracted by two people from 10% of the RCTs during an initial training period; once agreement was reached on this sample, the remainder of the data extraction was completed by one person and verified by a second.ResultsThe search yielded 1433 records. We screened 256 records to identify 100 RCTs which met our eligibility criteria. The median sample size of the RCTs was 107 participants (range 12–6085). While 98% of studies described the demographic composition of their participants by sex, only 6% conducted a subgroup analysis across sex and 4% reported sex-disaggregated data. No article defined “sex” and/or “gender.” No publication carried out a comprehensive sex and gender analysis.ConclusionsFindings highlight poor uptake of sex and gender considerations in the Canadian RCT context and underscore the need for better articulated guidance on sex and gender analysis to improve reporting of evidence, inform policy development, and guide future research. (shrink)

This article is the lead piece in a special report that presents the results of a bioethical investigation into chimeric research, which involves the insertion of human cells into nonhuman animals and nonhuman animal embryos, including into their brains. Rapid scientific developments in this field may advance knowledge and could lead to new therapies for humans. They also reveal the conceptual, ethical, and procedural limitations of existing ethics guidance for human‐nonhuman chimeric research. Led by bioethics researchers working closely with an (...) interdisciplinary work group, the investigation focused on generating conceptual clarity and identifying improvements to governance approaches, with the goal of helping scholars, funders, scientists, institutional leaders, and oversight bodies (embryonic stem cell research oversight [ESCRO] committees and institutional animal care and use committees [IACUCs]) deliver principled and trustworthy oversight of this area of science. The article, which focuses on human‐nonhuman animal chimeric research that is stem cell based, identifies key ethical issues in and offers ten recommendations regarding the ethics and oversight of this research. Turning from bioethics’ previous focus on human‐centered questions about the ethics of “humanization” and this research's potential impact on concepts like human dignity, this article emphasizes the importance of nonhuman animal welfare concerns in chimeric research and argues for less‐siloed governance and oversight and more‐comprehensive public communication. (shrink)

© 2017. The American Astronomical Society. All rights reserved.We present new observations of the low-mass companion to HD 984 taken with the Gemini Planet Imager as a part of the GPI Exoplanet Survey campaign. Images of HD 984 B were obtained in the J and H bands. Combined with archival epochs from 2012 and 2014, we fit the first orbit to the companion to find an 18 au orbit with a 68% confidence interval between 14 and 28 au, an eccentricity (...) of 0.18 with a 68% confidence interval between 0.05 and 0.47, and an inclination of 119°with a 68% confidence interval between 114°and 125°. To address the considerable spectral covariance in both spectra, we present a method of splitting the spectra into low and high frequencies to analyze the spectral structure at different spatial frequencies with the proper spectral noise correlation. Using the split spectra, we compare them to known spectral types using field brown dwarf and low-mass star spectra and find a best-fit match of a field gravity M6.5 ±1.5 spectral type with a corresponding temperature of K. Photometry of the companion yields a luminosity of log=2.88 ± 0.07 dex with DUSTY models. Mass estimates, again from DUSTY models, find an age-dependent mass of 34 ±1 to 95 ±4 M Jup. These results are consistent with previous measurements of the object. (shrink)

Each Local Research Ethics Committee (LREC) is expected to produce an annual report for its establishing authority. Reports from 145 LRECs were examined with regard to (a) whether the committees were working within the terms of the most recent guidelines from the Department of Health and (b) observations on the role of LRECs with particular reference to accountability. Most LRECs had produced a report, although their length varied greatly. Most reports showed how seriously the committee took its task. Most committees (...) met many of the guidelines; for example, almost all had two or more lay-members. The guideline most frequently not met was that committees should have no more than 12 members. Many committees review very large numbers of projects (maximum 351). Approximately two-thirds provide details in the annual report of individual project titles, their author and the committee decision; all reports should contain this information. Although it may in fact happen more generally, only 23 per cent of the reports referred to any form of monitoring of the eventual outcome of the research. A significant issue to arise from the reports is the extent to which the framework for the operation of LRECs has been confused by the development of the purchaser-provider split. The paper concludes with suggestions for remedying the situation. (shrink)

We show that the divergence between the predictions of quantum optics and the local realist theory known as stochastic optics, for the extended type of photon-coincidence experiment described recently by de Caro, is of the same order of magnitude as for Aspect-type experiments. This means that, in such new experiments, as in those so far performed, counting statistics will have to be greatly improved before a discrimination between the two theories becomes possible.We also show that the outstanding difference between the (...) two theories is that, while stochastic optics uses a genuine, that is, positive, detection probability, the corresponding quantum formalism leads to a pseudoprobability. Nevertheless, there is a striking parallel, in that both theories recognize the phenomenon known as enhancement, and both describe it as having its origin in a mixing of the signal field with the zero-point field by a polarizing device. (shrink)

What a person is doing often depends on that person’s thought about what they are doing, or about the wider circumstances of their action. For example, whether my killing is murder or manslaughter depends, in part, on whether I understand that what I am doing is killing you, and on whether I understand that my killing is unjustified. Similarly, if I know that the backpack I am taking is yours, then my taking it may be an act of theft; but (...) it is not theft if I simply mistook your backpack for my own. And if I don’t know that in signing a document I’m promising to do some thing, then in signing it I’m not promising to do this at all. -/- According to Elizabeth Anscombe, a central task of philosophical psychology is to articulate this dependency of action on thought. And in a range of papers published during the 1960s, Anscombe sought to elucidate various aspects of this dependency. In this paper we give a systematic overview of how Anscombe understands this dependency, and in the process reveal the conceptual framework underlying Anscombe’s thinking about perception, desire, intention, voluntariness, responsibility, guilt, and sin. (shrink)

Using the Q representation, we study the disagreement between quantum optical formalism and local realism and we show that the phenomenon of enhancement, first revealed by the local realist analysis, could receive a simple explanation if we use this particular version of the quantum formalism. Nevertheless, some fundamental difficulties remain.

As the United States population ages, there is a growing group of aging, elderly, individuals who may consider "preemptive suicide"(Prado, 1998). Healthy aging patients who preemptively attempt to end their life by suicide and who have clearly expressed a desire not to have life -sustaining treatment present a clinical and public policy challenge. We describe the clinical, ethical, and medical-legal decision making issues that were raised in such a case that presented to an academic emergency department. We also review and (...) evaluate a decision making process that emergency physicians confront when faced with such a challenging and unusual situation. (shrink)

The Metaphysical Society was founded in 1869 at the instigation of James Knowles (editor of the Contemporary Review and then of the Nineteenth Century) with a view to "collect, arrange, and diffuse Knowledge (whether objective or subjective) of mental and moral phenomena" (first resolution of the Society in April 1869). The Society was a private club which gathered together a latter-day clerisy. Building on the tradition of the Cambridge Apostles, they elected talented members from across the Victorian intellectual spectrum: Bishops, (...) one Cardinal, philosophers, men of science, literary figures, and politicians. The Society included in its 62 members prominent figures such as T. H. Huxley, William Gladstone, Walter Bagehot, Henry Edward Manning, John Ruskin and Alfred Lord Tennyson. The papers they produced are key primary sources which shed new light on the ideas of their authors on the burning subjects of the day, ranging from the existence and personality of God to the nature of conscience or the existence of the soul. They are a legacy of a period when intellectuals were wondering how, and what, to believe in a time of social change, spiritual crisis, and scientific progress. The dissolution of the Society in 1880 did not diminish the value of the papers: they illustrate a tradition of private, open discussion among famous men of the most widely varying views; they offer detailed insight into the evolution of the relationships between different schools of Victorian scientific and religious thought; and they bring to light heretofore under-represented points of conflict and harmony. All 95 papers are included, accompanied by introductions and scholarly notes that set each paper into their proper context. (shrink)

It’s recently been argued that biological fitness can’t change over the course of an organism’s life as a result of organisms’ behaviors. However, some characterizations of biological function and biological altruism tacitly or explicitly assume that an effect of a trait can change an organism’s fitness. In the first part of the paper, I explain that the core idea of changing fitness can be understood in terms of conditional probabilities defined over sequences of events in an organism’s life. The result (...) is a notion of “conditional fitness” which is static but which captures intuitions about apparent behavioral effects on fitness. The second part of the paper investigates the possibility of providing a systematic foundation for conditional fitness in terms of spaces of sequences of states of an organism and its environment. I argue that the resulting “organism–environment history conception” helps unify diverse biological perspectives, and may provide part of a metaphysics of natural selection. (shrink)

Doubtless, the conscious brain integrates masses of information. But declaring that consciousness simply “emerges” when enough has accumulated, doesn't really explain how first person experience is implemented by neurons. Moreover, empirical observations challenge integrated information theory's (IIT) reliance on thalamo–cortical interactions as the information integrator. More likely, the cortex streams processed information to a still-enigmatic consciousness generator, one perhaps located in the brainstem.

Presents a plethora of approaches to developing human potential in areas not conventionally addressed. Organized in two parts, this international collection of essays provides viable educational alternatives to those currently holding sway in an era of high-stakes accountability.

Over the last thirty years there have been a number of attempts to analyse the distinction between intrinsic and extrinsic properties. This article discusses three leading attempts to analyse this distinction that don’t appeal to the notion of nat-uralness: the duplication analysis endorsed by G. E. Moore and David Lewis, Peter Vallentyne’s analysis in terms of contractions of possible worlds, and the analysis of Gene Witmer, William Butchard and Kelly Trogdon in terms of grounding.

Along with fresh interpretations of Plato, this book proposes a radically new approach to reading him, one that can teach us about protreptic, as it is called, by reimagining the ways in which Socrates engages in it. Protreptic, as it is conceived in the book, is an attempt to bring about a fundamental change of heart in people so that they want truth more than anything else. In taking the approach developed in this book, one doesn't try to get Plato (...) right but simply uses his dialogues as a theoretical tool for gaining insight into protreptic. The book argues that by analyzing Socrates' behavior in the right way, one can better understand how to foster thoughtfulness nowadays, and there is a need to foster it, in part since the health of democracy is at stake. (shrink)

The Metaphysical Society was founded in 1869 at the instigation of James Knowles (editor of the Contemporary Review and then of the Nineteenth Century) with a view to 'collect, arrange, and diffuse Knowledge (whether objective or subjective) of mental and moral phenomena' (first resolution of the society in April 1869). The Society was a private dining and debate club that gathered together a latter-day clerisy. Building on the tradition of the Cambridge Apostles, they elected talented members from across the Victorian (...) intellectual spectrum: Bishops, one Cardinal, philosophers, men of science, literary figures, and politicians. The Society included in its 62 members prominent figures such as T. H. Huxley, William Gladstone, Walter Bagehot, Henry Edward Manning, John Ruskin, and Alfred Lord Tennyson. (shrink)

Each one of T.H. Marshall's trinity of human rights rested on the state as, simultaneously, its birth place, executive manager and guardian. And no wonder. At the time Marshall tied personal, political and social freedoms into a historically determined succession of won/bestowed rights, the boundaries of the sovereign state marked the limits of what humans could contemplate, and what they thought they should jointly do, in order to make their world more user-friendly. The state enclosed territory was the (...) site of private initiatives and public actions, as well as the arena on which private interests and public issues met, clashed and sought reconciliation. In all those respects, the realm of state sovereignty was presumed to be self-contained, selfassertive and self-sufficient. (shrink)

Recent debate on the nature of probabilities in evolutionary biology has focused largely on the propensity interpretation of fitness (PIF), which defines fitness in terms of a conception of probability known as “propensity”. However, proponents of this conception of fitness have misconceived the role of probability in the constitution of fitness. First, discussions of probability and fitness have almost always focused on organism effect probability, the probability that an organism and its environment cause effects. I argue that much of the (...) probability relevant to fitness must be organism circumstance probability, the probability that an organism encounters particular, detailed circumstances within an environment, circumstances which are not the organism’s effects. Second, I argue in favor of the view that organism effect propensities either don’t exist or are not part of the basis of fitness, because they usually have values close to 0 or 1. More generally, I try to show that it is possible to develop a clearer conception of the role of probability in biological processes than earlier discussions have allowed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:AQUINAS AS POSTLIBERAL THEOWGIAN BRUCE D. MARSHALL St. Olaf Oollege Northfield, Minnesota, 1JHE PURPOSE of this essay is to discuss the relation between Thomas Aquinas' account of religious and heological truth and a " posrtliberal " one sruch rus that sketched in George Lindbeck's The Nature of Doctrine. Most reviewers assume that Lindbeck's.app:voach is on this point incompatible with the mainstream of the tmdition, and Colman O'Neill, writing (...) :in The Thomist symposium on Lindbeck's book, thinks it oontradicts Aquinas in particular. This paper presents the case to the contr:ary. Afte'I." outlining O'Neill's problem, it argues thart he mis11eads Lindbeck 'and,.at greater length, that Aquinas''S views on t:ruth :are, as Lindbeck affirms, compatible with postliberal emphases. I O'Neill's basic problem with Lindbeck's: "cultural linguistic " understanding of truth is thwt Lindbeck " would clearly have us puTify [Christi.an] language by ridding it of extra-linguistic accretions-in particular the intrusion of reference to objective reality. In the end the only thing that matters is scriptural discourse verified by action." 1 Lindbeck may not intend this " purification," 2 but whatever the intention, his 1 Colman E. O'Neill, "The Rule Theory of Doctrine and Propositional Truth," The Thomist 49 (1985), p. 422. 2 So Lindbeck writes: "The great strength of a cognitive-propositional theory of religion is that •.. it admits the possibility of [ontological] truth claims, and a crucial theological challenge to a cultural-linguistic approach is whether it also can do so." The Nature of Doctrine: Religion a,nd Theology in a, Postlibera,l Age (hereafter ND), (Philadelphia, 1984), pp. 63-4. 353 854 BRUCE D. MARSHALL view of •religious truth entails a raidical rejection of 1any claim that Christian beliefs!are onto1ogioally true, in other words, tha;t they rre£er or correspond •to reality. The reruson rllor this putative entailment lies in Lindbeck's manifest oontention (to be explained below) that truth claims in any l'eligion, including Christianity, are subject to 1a twofold criterion of coherence: they must fit wirth the wider linguistic (especially scriptural) paradigms of the 11eligion, and also with a range of practices appropriate to the belief the truth of which is being claimed. But, says O'Neill, Christian beliefs are not true because they cohere with anything, they are true (like all true propositions) "because of their reference to the real." a By introducing ;an irreducible element of coherence into his interpl'etation of Christian truth claims, Lindbeck inevitably " attaches to the ·term ' propositional truth '.a purely pra.gmatic signification," so that " a quite precise philosophical option has: been ma.de in faV'or of the moral or pragmatic definition of truth." 4 O'NeiiH'is point is that " ontological " or " propositional " truth has here been equa,ted with nothing more than the con£ormity of one's life to the patterns narrated in the!biblical story (O'Nei1l's "·scriptural dis-·oourse verified by 1action "), •such tha;t " no claims to objective truth" need be made for the story or any a.ssociated beliefs.5 Tihis, O'Neill alleges, is ·a " novel definition of ontological truth." 6 We ought to!'eject this novelty in favor of the under- •standing of Christian beliefs and their truth articulated by 'Ihomas Aquinas, whel"e it is firmly maintained against " the moral or pmgmatic definition of truth " that " propositions are true because of their I"eference ·to.the real." In order to undevstand the issues ·raised by O'Neill's criticism, it is important to bear in mind the distinction-often made but often overlooked ais well-between truth :and justis O'Neill, "Propositional Truth," p. 430. 4 O'Neill, "Propositional Truth," p. 429. 5 O'Neill," Propositional Truth," p. 420. 6 O'Neill, "Propositional Truth," p. 431. AQUINAS AS POSTLIBERAL THEOLOGIAN 355 fica.tion. The very isisue of what it means to say that propositions 1 are true can be distinguished from the issue of ho,w one justifies, warrants, or tests the truth of propositions. So, for example, one might maintain that in regard to propositions, "true" should be defined as "oorresponds to reality," or perhaps "fitly expresses experience," or perhaps "is... (shrink)

First I would like to thank Clarence Joldersma for his review of our Poststructuralism, Philosophy, Pedagogy. In particular, I would thank him for his opening sentence: “[t]his book is a response to a lack.” It is the notion of a lack, noted again later in his review, which I wish to take up mainly in this response. Rather than defending or elaborating our particular contributions to PPP—the latter would be a great indignity to my colleagues as I would not write (...) over them—I will take the opportunity to develop the theme of a lack, as I believe that Joldersma has raised a very important issue. But first I will respond briefly to some of Joldersma’s general and opening statements about the book, and my philosophical position in particular. (shrink)

In this essay, I offer some of the reasons to think that Plato has a substantial contribution to make to contemporary thinking about moral education. To allow a sense of how wide the range of reasons is, I start by listing ten miscellaneous reasons that one can compellingly offer and some of which scholars *have* offered. Then I present my preferred reason, which involves a way of approaching Plato that is new and unorthodox. When you approach Plato this way, you (...) don't try to interpret him correctly. Instead, you use his writings simply as a tool for theorizing, and what you theorize about is how best to carry out the Socratic project of leading other people to self-examination. (shrink)

David Liebesman argues that we never count by identity. He generalizes from an argument that we don't do so with sentences indicating fractions, or with measurement sentences on their supposed count readings. In response, I argue that measurement sentences aren't covered by the thesis that we count by identity, in part because they don't have count readings. Then I use the data to which Liebesman appeals, in his argument that we don't count by identity using measurement sentences, in order to (...) rebut his argument that we don't count by identity using sentences indicating fractions. (shrink)

According to the modal theory of facts and states of affairs, two facts or states of affairs are identical iff they are necessarily equivalent. One important argument against the modal theory is the causal argument of John Perry, which can also be applied with equal strength to a number of more moderate-grain theories of facts and states of affairs. I argue that, at least in its original form, the causal argument is unsound. I also argue that, while the argument can (...) be modified so that it avoids the problems of the original version of the argument, such modifications are at best only successful if they appeal to additional considerations involving either grounding or aboutness. Moreover, I argue that incorporating such considerations into the causal argument allows it to refute its targeted theories only if such considerations by themselves refute these theories. If this is correct, then the causal argument is at best superfluous and we should focus on these other considerations when evaluating these theories. The broader lesson from this is arguably that, in order to best evaluate these theories of facts and states of affairs, we shouldn’t focus on arguments involving causation, but we should instead focus on arguments that involve other notions, such as grounding and aboutness. (shrink)

The T&T Clark Handbook of Analytic Theology provides theological and philosophical resources that demonstrate analytic theology's unique contribution to the task of theology. Analytic theology is a recent movement at the nexus of theology, biblical studies, and philosophy that marshals resources from the analytic philosophical tradition for constructive theological work. Paying attention to the Christian tradition, the development of doctrine, and solid biblical studies, analytic theology prizes clarity, brevity, and logical rigour in its exposition of Christian teaching. Each contribution in (...) this volume offers an overview of specific doctrinal and dogmatic issues within the Christian tradition and provides a constructive conceptual model for making sense of the doctrine. Additionally, an extensive bibliography serves as a valuable resource for researchers wishing to address issues in theology from an analytic perspective. (shrink)

Arguments about constitutional and personal rights often invoke the concept of privacy. In the United States it has been said that the constitution "embodies a promise that a certain private sphere of individual liberty will be kept largely beyond the reach of government". A number of formulae has been invoked in an attempt to define the sphere of constitutional privacy. They include: Fundamental rights of interests; personal decisions and issues; important questions intimately affecting private lives; and decisions affecting education, child-rearing, (...) marriage and contraception.Canadian and Europian courts have resorted to balancing formulae and to proportionality to set the limits to liberty guarantees. All of them need, however, an implied general theory of liberty such as that propounded by Mill , since privacy is a special sub-category of liberty.Privacy claims are made not only against the State, but in tort law relations between individuals, or between individuals and organisations such as the Press. Proposals for legislation to protect personal privacy encompass two different types of claim. One relates to physical intrusion: the other to proprietary rights over information of certain kinds. It is questionable whether general legislation to establish a statutory tort of breach of privacy is defensible. It may even be dangerous and be exploitable to protect government information. A public interest defence is essential. That throws the balancing role back on the courts, but they cannot rely on any obvious social consensus in weighing the interests at issue. In der Auseinandersetzung über subjektive Rechte, die von einer Verfassung garantiert sind oder deren Verletzung privatrechtliche Ansprüche auslöst, berufen sich viele Stimmen auf das Konzept der Privatsphäre. Nach einer in den Vereinigten Staaten vertretenen These liegt der amerikanischen Verfassung "das Versprechen zugrunde, daß die Privatsphäre, d.i. eine bestimmte Sphäre individueller Freiheit, im großen und ganzen außerhalb des Zugriffs des Staates liegt". Wie läßt sich rechtlich präzisieren, was diese verfassungsrechtlich garantierte Privatsphäre eigentlich einschließt? Eine Reihe von Antworten, die auf diese Frage gegeben werden, bezeichnen als vom Begriff der Privatsphäre erfaßt a) fundamentale Rechte oder Interessen, b) persönliche Probleme oder Entscheidungen, c) wesentliche Fragen, die das Privatleben ganz existenziell berühren, d) Entscheidungen, die die Erziehung und Ausbildung von Kindern, Empfängnisverhütung und Eheschließung betreffen. Einige dieser Formeln enthalten Elemente eines logischen Zirkels, da sie bei dem Versuch, die Privatsphäre näher zu umschreiben, ihrerseits selbst den Ausdruck "privat" benutzen. Andere sind entweder offensichtlich zu weit oder zu eng oder sonst schlechterdings ungenügend. Darüber hinaus ist es nicht klar, wann bei den subjektiven Rechten, die als fundamental bezeichnet werden, Ausnahmen gemacht werden. Ein Beispiel liefert die US-amerikanische Entscheidung Bowers v. Hardwick. (shrink)

Recently a new question has emerged in the philosophy of religion: not whether God exists, but whether God’s existence is or would be preferable. The existing literature on the subject is sparse. The present essay, in dialogue form, is an attempt to marshal and evaluate arguments on both sides.

Current social and political theory is sceptical of the future of welfare states in the face of global markets. Their moral claims, too, have been challenged by the neo-liberal association of market capitalism and individual freedom and by an implicit acceptance of that critique - of the welfare state as bureaucratic - by left-wing commentators. This article offers a defence of the national welfare state as the guarantor of `complex freedom'. This defence is derived from the theoretical contributions of (...) class='Hi'>Marshall, Polanyi and Myrdal and offers a reconsideration of the debate immediately after the second world war over the welfare state and its relevance today. Marshall's concept of social rights has become a familiar part of our own debate, but it is argued that Polanyi provides the rigorous critique of market relationships which is missing, and Myrdal locates gender issues as central to the understanding of welfare state development and women's rights as integral to social rights. (shrink)

In this chapter, I propose a minimal construal of philosophical health that contains two core elements: variegated coherence and intentional directedness at a trans-subjective good. Combining elements from the works of Iris Murdoch and Marshall Rosenberg, I sketch a practice I dub non-violent just communication and argue that it promotes philosophical health as per the minimal construal and that we can derive from it a principle of philosophical health to complement the list of five principles of philosophical health that (...) have been proposed by Luis de Miranda. I then show that the practice of non-violent just communication promotes what Miranda Fricker has characterized as hermeneutic virtue and testimonial sensibility and, finally, suggest that my minimal notion of philosophical health is a useful tool to contrast various conceptions of philosophical counselling. (shrink)

In this article, I suggest that combining resources from philosophy and psychology can yield useful tools for philosophical counselling. More specifically, I argue for three theses: a) Iris Murdoch’s notion of just attention and Marshall Rosenberg’s method of non-violent communication are interestingly compatible; b) engaging in non-violent communication serves to support one’s endeavors to acquire the kind of clear vision Murdoch thinks doing well by others requires; and c) non-violent just communication would be beneficial to both counsellors and counselees (...) and thus a useful resource for philosophical counsellors. (shrink)

This article examines the notorious mid-nineteenth-century American trial of Amelia Norman, who was acquitted - very much against the weight of the evidence - of attempting to kill the man who seduced her. In particular, we explore the role in the trial and its aftermath of the affective energies and cultural expectations set in motion by best-selling American sentimental novels like Hannah Foster's "The Coquette" and Susanna Rowson's "Charlotte Temple." In Norman's case, once newspapers, defense lawyers, and reformers such as (...) Lydia Maria Child recast the defendant as a sentimental heroine, the trial became about seduction, not attempted murder. The sentimental emplotment of Norman's life marshaled a powerful set of emotional responses and moral judgments on her behalf. For example, Norman claimed insanity. And since sentimental heroines are supposed to go mad when they are seduced and abandoned, the jury was prepared to interpret her symptoms according to her lawyers' very strategy for establishing her innocence. Ultimately, however, Norman embodied the plight of the sentimental heroine at the same time that she contested her fictional counterpart's fate. In this way, her trial spectacularized the disparity which the sentimental novel conjures up and displaces but never resolves. Going further, the common law theory of coverture, which severely limited the legal personhood of married women, has received a great deal of scholarly attention. Cases like Norman's remind us that unmarried women were also subject to draconian constraints on their legal personhood. The tort of seduction is a key example. Legal historians trace the development of the seduction tort from its common-law origins, when men's property interest in women's bodies formed the basis of the cause of action, to 1851, when Field Code authors (including Norman's lawyer, David Graham) persuaded several states to grant seduced women standing to bring their own cause of action. Consequently, courts were forced to reckon with the seduced woman as a moral agent capable of consenting to sex. As trials like Norman's demonstrate, sentimental novels helped lay the groundwork for this shift in the law by elucidating a subjectivity for the seduced woman. Yet the doctrinal implications of Norman's precedent-setting trial had a second, more ambiguous strain. Other women facing similar charges used the same legal strategy to gain acquittals in a substantial number of cases. Indeed, Norman's sentimental strategy proved so powerful that men on trial for killing their wives' seducers appropriated it to bring their own stories before juries and to reinforce male sexual norms through the so-called honor defense. In the end, then, Norman's trial fostered legal reform, but it also suggested - as Lydia Maria Child's fictionalization of the case in "Rosenglory" recognized - that only sustained and multifaceted efforts to change cultural as well as legal norms could improve the sexual status of women. In addition to its legal, literary, and historical insights that it provides, we also intend this article to contribute to debates on the nature of scholarship in law and literature. Scholars such as Wai Chee Dimock have argued for a focus on the historical and historically shifting relations between law and literature - a view we endorse. Where we differ from Dimock is in our diversion of attention away from abstract ideas of law laid out by treatise writers and philosophers in favor of law experienced and manipulated by individuals. So, too, we are interested less in representations of concepts such as justice in legal and literary texts than we are in the ways in which literature (broadly conceived) can create provisional and fragile opportunities for concrete instantiations of justice and even generate legal change (for good or ill). We would argue that to the extent legal change motivates rather than simply mirrors cultural change, it needs literature to be effective. This project, then, responds to Gregg Crane's call for attention to the complex and slippery historical interactions of law and literature that shape and are shaped by an ever changing cultural idiom of justice. The extended story of Amelia Norman, in short, not only constitutes a case study in the inescapable interaction between the overlapping and interdependent discourses of law and literature, but also reveals the literary and legal consequences of that interaction. (shrink)

This collection of thirteen essays, several of which appear in print for the first time, reveals in concrete fashion Professor Grene’s intellectual evolution from positivistic criticism of Heidegger to more recent censures of empiricism as "a singularly narrow metaphysic disguised as antimetaphysical". Although most of these essays are less than ten years old, she marks her terminus a quo by including a 1938 piece, "A Note on the Philosophy of Heidegger: Confessions of a Young Positivist". In fact, a critical attitude (...) toward her former professor is one of the constants throughout this volume. At the base of her appraisal of Heidegger lies a personal revulsion at the man’s politics and a skeptical attitude toward his obscurantism and the cult which has developed around him. In Chapter VI, "Heidegger: Philosopher and Prophet", she weighs the proportion of "trickery to truth" in his earlier and later works and finds the balance moving decisively toward trickery as the years progress. By now, however, she has come to respect the Heideggerian message that human existence is radically finite—"this is the root concept of all existentialist literature, which received in Sein und Zeit its definitive philosophic expression" —and that "language is poetry, and literal language but a desiccated and residual poetry". She expands the latter theme along her own lines in Chapter XI, "The True Teachers of Mankind", by marshaling "a series of possible grounds for a defense of poetic language in the form of a transcendental argument". In effect, she adopts von Humboldt’s notion of language as "a world between minds and things" and argues that this feature is uniquely evident in poetry, concluding that "if language without this quality would not be language, then the poetic use of speech is indeed a necessary condition for the existence of language as such". Among those cited in support of her claim, Jacques Derrida merits the greatest attention. He emerges at the center of her next essay, "Life, Death, and Language: Some Thoughts on Wittgenstein and Derrida", though ultimately to be held at some distance along with the later Wittgenstein himself for offering us "Wonderland philosophies". Two essays which share the title of the collection analyze respectively the European sources of recent Anglo-American philosophy and the reception of continental philosophy in America. And the whole is introduced by reflections on the apparent inconclusiveness of philosophical inquiry. (shrink)

Next SectionDr Thomas Stockmann, the protagonist of Ibsen's play, An Enemy of the People, discovers a serious health threat in the Baths of his Norwegian town. The Baths have been marketed as a health resort to lure visitors. Dr Stockmann alerts officials about the problem and assumes that they will close the Baths until it is corrected. He is met with fierce resistance, however. His brother, the town's mayor, favors keeping the Baths open and correcting the problem gradually. He advances (...) multiple arguments that appeal to the economic interests of the town and Thomas's role-related obligation as a citizen. His wife, Katherine, wants him to cooperate with the mayor. She marshals several arguments that appeal to his obligations as a father. This paper reconstructs and examines the competing arguments, shows how Ibsen's play has both contemporary relevance and moral depth, and demonstrates how Dr Stockmann's responses can be interpreted as an argument that complying with his duties to protect the public health do not force him to renege on his core commitments as a parent and as a citizen. (shrink)

William Gerber’s study of American liberalism is a valuable compendium of the varied, changing, and often conflicting uses of that "slippery" word, liberalism, in the United States, past and present, and in antecedent Western political thought. But Gerber identifies himself as having "set his sights on trying to build an adequate definition of liberalism". The problem is introduced by chapter 1, which asks if liberalism is dying or already dead, and by chapter 2, which asks why liberalism has not brought (...) about the "millennium" it promised. Chapter 3 calls attention to the "Difficulty of Isolating the Essence of the Liberal Viewpoint" from many competing claims, and stipulates three criteria. 1) The definition should encompass only those features of liberalism with which all experts are in agreement. This requirement leads Gerber to extensive and sometimes strained marshalling of quotations showing the frequency of disagreement among liberals with regard to those beliefs commonly associated with liberalism: freedom, majority rule, improvement of society, preference for change, perfectibility, progress, etc. 2) The definition should be exclusive to liberalism and encompass no tenets shared by other than liberals. 3) The definition should be value-neutral. Understandably, these criteria result in a definition of liberalism at a high level of abstraction: "Liberalism is the belief that individuals and institutions, including governments, should so act—or refrain from acting—as to liberate as many individuals as possible from as many shackles as possible without overturning basic social machinery". In chapters 4-8 the "pedigree" of American liberalism is traced from Hammurabi, Moses, Buddha, Laotse, and Jesus to the ancient Greeks and Romans, the Enlightenment and the Glorious Revolution, to 19th century British liberalism. Chapters 6-8 examine American liberalism before 1900, from 1900 to 1945, and since World War II. Chapters 9-11 discuss the stand of liberals on political, economic, and social issues, and chapter 12 looks to the future of liberalism. (shrink)

This volume comprises various viewpoints representing a Catholic perspective on contemporary practices in medicine and biomedical research. The Roman Catholic Church has had a significant impact upon the formulation and application of moral values and principles to a wide range of controversial issues in bioethics. Catholic leaders, theologians, and bioethicists have elucidated and marshaled arguments to support the Church’s definitive positions on several bioethical issues, such as abortion, euthanasia, and reproductive cloning. Not all bioethical issues, however, have been definitively addressed (...) by Catholic authorities, and some Church teachings allow for differing applications in diverse circumstances. Moreover, as new biomedical technologies emerge, Church authorities rely on experts in science, medicine, philosophy, theology, law, and other disciplines to advise them. Such experts continue to debate issues related to reproduction, genetics, end-of-life care, and health care policy. This volume will be a valuable resource for scholars in bioethics or Catholic studies, who will benefit from the nuanced arguments offered based on the latest research. This volume is also instructive for students entering the field to become aware of the founding philosophical and theological principles informing the Catholic bioethical worldview. (shrink)

Marshalling a mind-numbing array of data, Harvard political scientist Robert D. Putnam, in his book Bowling Alone, shows that on virtually every conceivable measure, civic participation, or what he refers to as “social capital,” is plummeting to levels not seen for almost 100 years. And we should care, Putnam argues, because connectivity is directly related to both individual and social wellbeing on a wide variety of measures. On the other hand, social capital of the “bonding kind” brings with it the (...) ugly side effect of animosity toward outsiders. Given the increasing heterogeneity of our world, the goal therefore must be to enhance connectivity of the “bridging sort,” i.e., connecting across differences. This, in turn, requires that we first clarify what bridging communicative styles looks like. Examining communication as it might transpire in Kant’s kingdom of ends, through the perspective of Habermas’ “communicative action,” and within the scientific community, offers a compelling suggestion that there is a way of communicating such that, if adopted, one would come to view others as if they were persons, i.e., that a bridging communicative style facilitates a kind of bonding that sees through differences toward the commonality of personhood. This paper will briefly explore how communicating toward personhood might be promoted. (shrink)

It is always appropriate to ask whether an expedient foreign policy is morally justifiable, just as it is always appropriate to ask whether a morally defensible policy is consistent with the national interest. The ongoing dialogue between morality and realpolitik gives much of foreign policy debate its characteristic bite. In this collection of essays, a distinguished group of philosophers, political theorists, and lawyers- including Russell Hardin and Marshall Cohen-explore these contrasting themes. In essays that are at once insightful and (...) accessible, noted political thinkers examine the tension of the conflicting demands of morality and national self-interest in the context of the foundations of international order, the possession and use of nuclear weapons, recourse to war, and the prospects for peace. A final postscript addresses the question of the responsibility of intellectuals in the national foreign policy debate. This book will appeal to scholars and students in any discipline dealing with international affairs as well as to lay readers who wish to explore the implications of taking morality and reason seriously in foreign policy. (shrink)

We use Homer and Sun Tzu as a background to better understand and reformulate confrontation, anger and violence in medicine, contrasting an unproductive ‘love of war’ with a productive ‘art of war’ or ‘art of strategy’. At first glance, it is a paradox that the healing art is not pacific, but riddled with militaristic language and practices. On closer inspection, we find good reasons for this cultural paradox yet regret its presence. Drawing on insights from Homer's The Iliad and The (...) Odyssey, we argue for better understanding of confrontation, anger, bullying, intimidation and violence in medicine in order to change the culture. For example, equating medicine with war is not a given condition of medicine but a convenient metaphor with historical origins and a historical trajectory. Other, non-martial metaphors, such as medicine as collaboration, may be more appropriate in an age of team-based care. Taking lessons from Homer, we suggest three key ways in which cold-hearted confrontation and anger in medicine can be transformed into productive, warm-hearted engagement: the transformation of angry impulse into reflection, moral courage and empathy. Thinking with Homer can offer an aesthetically and morally charged alternative to the current body of literature on topics, such as anger in doctors, and how this may be ‘managed’, without recourse to an instrumental economy where emotions are viewed as commodities, and emotional responses can be ‘trained’ through communication skills courses. (shrink)

Our paper explores how the affective energies and cultural expectations set in motion by best-selling American sentimental novels like Hannah Foster's The Coquette and Susanna Rowson's Charlotte Temple informed the notorious mid-nineteenth-century American trial of Amelia Norman, who attempted to kill the man who seduced her. Once newspapers, defense lawyers, and reformers such as Lydia Maria Child recast the defendant as a sentimental heroine, the trial became about seduction, and Norman was acquitted against the weight of the evidence. Sentimental novels (...) turn on the contrast between the passive victim status of the heroine and the active libidinal quest of the rake-villain. As Cathy Davidson points out, this fiction is "about silence, subservience, stasis (the accepted attributes of women as traditionally defined) in contradistinction to conflicting impulses toward independence, action, and self expression (the ideals of the new American nation)." The seduction plot diverts attention from this disparity by establishing an affective solidarity between heroine and reader and elevating the ruined woman to a tragic status. The sentimental emplotment of Norman's life marshaled a powerful set of emotional responses and moral judgements on her behalf. Norman claimed insanity. And since sentimental heroines are supposed to go mad when they are seduced and abandoned, the jury was prepared to interpret her symptoms according to her lawyers' very strategy for establishing her innocence. Ultimately, however, Norman embodied the plight of the sentimental heroine at the same time that she contested her fictional counterpart's fate. In this way, her trial spectacularized the disparity which the sentimental novel conjures up and displaces but never resolves. The common law theory of coverture, which severely limited the legal personhood of married women, has received a great deal of scholarly attention. Cases like Norman's remind us that unmarried women were also subject to draconian constraints on their legal personhood. The tort of seduction is a key example. Legal historians trace the development of the seduction tort from its common-law origins, when men's property interest in women's bodies formed the basis of the cause of action, to 1851, when Field Code authors (including Norman's lawyer David Graham) persuaded several states to grant seduced women standing to bring their own cause of action. Consequently, courts were forced to reckon with the seduced woman as a moral agent capable of consenting to sex. As trials like Norman's demonstrate, sentimental novels helped lay the groundwork for this shift in the law by elucidating a subjectivity for the seduced woman. Yet the doctrinal implications of Norman's precedent-setting trial had a second, more ambiguous strain. Norman's sentimental strategy proved so powerful that men on trial for killing their wive's seducers appropriated it to bring their own stories before juries and to reinforce male sexual norms. In the end, then, Norman's trial fostered legal reform, but it also suggested - as Child's fictionalization of the case in "Rosenglory" recognized - that only sustained and multifaceted efforts to change cultural as well as legal norms could improve the sexual status of women. Scholars such as Wai Chee Dimock have argued for a focus "on the historical and historically shifting relations between law and literature" - a view we endorse. Where we differ from Dimock is in our diversion of attention away from abstract ideas of law laid out by treatise writers and philosophers in favor of law experienced and manipulated by individuals. So, too, we are interested less in representations of concepts such as justice in legal and literary texts than we are in the ways in which literature (broadly conceived) can create provisional and fragile opportunities for concrete instantiations of justice and even generate legal change (for good or ill). Going further, we would argue that to the extent legal change motivates rather than simply mirrors cultural change, it needs literature to be effective. Thus, we see no need to characterize - and indeed reject the depiction of - law as "a limited arena" in which ideas of morality have little place. This project, then, responds to Gregg Crane's call for attention to "the complex and slippery historical interactions of law and literature that shape and are shaped by an ever changing cultural idiom of justice." The extended story of Amelia Norman not only constitutes a case study in the inescapable interaction between the overlapping and interdependent discourses of law and literature, but also reveals the literary and legal consequences of that interaction. (shrink)

There are books which, in the manner of a legal brief, seek to present a case by marshalling evidence around a central thesis or ‘claim’. Then there are books which are more like canvases: they assemble a wide variety of elements into a hitherto unknown or at least unseen pattern. Roy Porter’s thesis, which can be pieced together from a few half-sentences repeated at the beginning, middle and end of this book, is that there was a British Enlightenment—which was general (...) enough that he dispenses with the need to address the question of ‘national enlightenments’, particularly the Scottish and the Irish, in this case—and that the British Enlightenment was the genuine source, or site, of the creation of ‘modernity’ or modern society, even “the birthplace of the modern” world, as his title indicates. (shrink)