This essay uses Schmitt's work to cast new light on the relevance of the American legal tradition known as ‘legal realism’ for the history and analysis of human rights. It does so by exploring several of Schmitt's most famous criticisms of international law and human rights, and then suggests how they might correspond with a widespread critical legal tradition in the 1920s and 1930s. This essay describes in detail two fundamental features of this tradition: historicism and realism. It (...) concludes by suggesting that a return to some of these earlier law writers and texts might be a more substantive way to develop a constructive critical position in the fields of human rights and international law than an overreliance on the politically provocative (and problematic) rhetorical flourishes of Carl Schmitt. (shrink)

Religion is intrinsically social, and hence irretrievably organizational, although organization is often seen as the darker side of the religious experience--power, routinization, and bureaucracy. Religion and secular organizations have long received separate scholarly scrutiny, but until now their confluence has been little considered. This interdisciplinary collection of mostly unpublished papers is the first volume to remedy the deficit. The project grew out of a three-year inquiry into religious institutions undertaken by Yale University's Program on Non-Profit Organizations and sponsored by the (...) Lilly Endowment. The scholars who took part in this effort weree challenged to apply new perspectives to the study of religious organizations, especially that strand of contemporary secular organizational theory known as "New Institutionalism." The result was this groundbreaking volume, which includes papers on various aspects of such topics as the historical sources and patterns of U.S. religious organizations, contemporary patterns of denominational authority, the congregation as an organization, and the interface between religious and secular institutions and movements. The contributors include an interdisciplinary mix of scholars from economics, history, law, social administration, and sociology. (shrink)

Responding to volatile criticisms frequently leveled at Leo Strauss and those he influenced, the prominent contributors to this volume demonstrate the profound influence that Strauss and his students have exerted on American liberal democracy and contemporary political thought. By stressing the enduring vitality of classic books and by articulating the theoretical and practical flaws of relativism and historicism, the contributors argue that Strauss and the Straussians have identified fundamental crises of modernity and liberal democracy.

ExcerptNow a century old, Carl Schmitt’s The Crisis of Parliamentary Democracy still provides useful training for historians in the necessary task of making distinctions between “liberalism” and “democracy,” two movements that arose with overlapping but distinct core principles in eighteenth-century Europe, often competed with each other, and sometimes came into bloody conflict. Schmitt makes one highly controversial assertion, however, near the beginning of this book. After agreeing with Alexis de Tocqueville that the spread of democracy was the most (...) powerful political trend of the nineteenth century, a trend that became almost irresistible,1 Schmitt declares that there is a crucial flaw in the argument of Jean-Jacques Rousseau that exposes a major problem with democratic theory in general. Democracy has taken so many different forms, according to Schmitt, that it can only be defined according to the basic principle that political decisions are only binding for those who participated in making them. This belief presupposes “that the will of the outvoted minority is in truth identical with the will of the majority. Rousseau’s frequently cited arguments in the Contrat social are fundamental [emphasis added] for democratic thought and ultimately conform to an old tradition.”2 Schmitt refers here to Rousseau’s argument in On the Social Contract (book IV, ch. 2) that if the proposition you supported fails to gain a majority in a referendum, you should acknowledge that you had been mistaken when you voted, because the question posed to citizens was not exactly whether they personally approved of the proposition, but “whether or not it conforms to the general will that is theirs.”3 Schmitt observes caustically that “with this Jacobin logic one can, it is well known, justify the rule of a minority over the majority, even while appealing to democracy.” The first democratic movement of the modern era, the Levellers in the English Civil War, had already attempted this, Schmitt argues, when they proclaimed in 1649 that only the “well-affected” deserved the right to vote in parliamentary elections.4 Schmitt concludes that democracy is therefore highly vulnerable to the emergence of dictatorship, and that the Bolsheviks had just as strong an argument in 1923 that their brutal dominion by an “enlightened” minority was truly democratic as did the Jacobins of 1793. “Theoretically, and in critical times also practically, democracy is helpless [emphasis added] before the Jacobin argument, that is, when faced with the authoritative identification of a minority as the people.” The meaning here of “authoritative identification” (entscheidenden Identifikation) is unclear; Schmitt does not seek to explain why the majority in a democracy should ever accept a minority’s claim that it alone possesses civic virtue or wisdom.5 A very similar argument about Rousseau was made nevertheless by J. L. Talmon in The Origins of Totalitarian Democracy (published in 1952), which has in turn influenced some recent scholars who, like Talmon, do not acknowledge any intellectual debt to Schmitt.6. (shrink)

This functional Magnetic Resonance Imaging study investigated high and low suggestible people responding to two visual hallucination suggestions with and without a hypnotic induction. Participants in the study were asked to see color while looking at a grey image, and to see shades of grey while looking at a color image. High suggestible participants reported successful alterations in color perception in both tasks, both in and out of hypnosis, and showed a small benefit if hypnosis was induced. Low suggestible people (...) could not perform the tasks successfully with or without the hypnotic induction. The fMRI results supported the self report data, and changes in brain activity were found in a number of visual areas. The results indicate that a hypnotic induction, although having the potential to enhance the ability of high suggestible people, is not necessary for the effective alteration of color perception by suggestion. (shrink)

The model of clinical ethics consultation (CEC) defended in the ASBH Core Competencies report has gained significant traction among scholars and healthcare providers. On this model, the aim of CEC is to facilitate deliberative reflection and thereby resolve conflicts and clarify value uncertainty by invoking and pursuing a process of consensus building. It is central to the model that the facilitated consensus falls within a range of allowable options, defined by societal values: prevailing legal requirements, widely endorsed organizational policies, and (...) professional standards of practice and codes of conduct. Moreover, the model stipulates that ethics consultants must refrain from giving substantive recommendations regarding how parties to a moral disagreement in the clinic should evaluate their options. We argue that this model of CEC is incomplete, because it wrongly assumes that what counts as the proper set of allowable options among which the parties are to deliberate will itself always be clearly discernible. We illustrate this problem with a recent case on which one of us consulted—a neonate born with trisomy 18 (T18). We try to show that law, policy, and standards of practice reveal no clear answer to the question posed by the case: namely, whether forgoing gastrostomy tube feedings for a baby with T18 is allowable. We suggest there may be other kinds of cases in which it may simply be unsettled whether a given choice falls within the set of allowable options within which consensus is to be facilitated. What should an ethicist do when confronting such unsettled cases? We agree with the facilitation model that an ethicist should remain neutral among the allowable options, when it is clear what the allowable options are. But, in unsettled cases, the role of a consultant should be expanded to include a process of moral inquiry into what the allowable options should be. We end by raising the issue of whether this means an ethicist should share his or her own conclusions or views about the allowability of a given clinical option. (shrink)

In this study, we explore the dimensions of local gender norms across U.S. commuting zones. Applying hierarchical cluster analysis with four established indicators of gender norms, we find that these local cultural environments are best conceptualized with a multilevel framework. Commuting zones can be differentiated between those that are egalitarian and those that are traditional. Within these general categories, however, exist more complex dimensions. Gender-traditional areas may be distinguished between traditional-breadwinning and traditional-essentialist, while egalitarian areas are separated into those that (...) are liberal-egalitarian and egalitarian-essentialist. Examining the factors sustaining this spatial variation, we test the role of compositional and contextual effects. We find limited support for compositional effects because commuting zone demographic makeup explains little variation in gender norm indicators. Instead, we find evidence that local gender norms are sustained through contextual effects where the experience of living in a particular environment shapes residents’ attitudes and behaviors. Contextual effects are exceptionally strong in areas with traditional gender norms, where residents who would otherwise hold gender-egalitarian perspectives have more traditional outlooks than those who share the same characteristics but reside in places with egalitarian gender norms. (shrink)

Numerous labor-management issues possess ethical dimensions and pose ethical questions. In this article, the authors discuss four labor-management issues that present important contemporary problems: union organizing, labor-management negotiations, employee involvement programs, and union obligations of fair representation. In the authors view, labor and management too often view their ethical obligations as beginning and ending at the law''s boundaries. Contemporary business realities suggest that cooperative and enlightened modes of interaction between labor and management seem appropriate.

Critical Review of Searle's Minds, Brains and Science.

In an adaptive clinical trial , key trial characteristics may be altered during the course of the trial according to predefined rules in response to information that accumulates within the trial itself. In addition to having distinguishing scientific features, adaptive trials also may involve ethical considerations that differ from more traditional randomized trials. Better understanding of clinical trial experts’ views about the ethical aspects of adaptive designs could assist those planning ACTs. Our aim was to elucidate the opinions of clinical (...) trial experts regarding their beliefs about ethical aspects of ACTs. (shrink)

Increasingly, medical students are required to face up to ethical issues in their training and practice. At the same time, there is growing interest in philosophy courses in the ethical issues raised by medical practice. This textbook, designed primarily for students of medicine, develops the issues to a philosophical level complex enough to be satisfying to students of philosophy as well as MA students on applied ethics courses. The author advocates an approach to medical ethics which breaks out of the (...) straitjacket of the narrow choice between utilitarian or deontological theory, and contains a valuable discussion of practical wisdom. It maintains a balance between case studies and philosophical arguments - which are developed in a historical context, and will be of interest at all levels of the medical profession. (shrink)

In this comment I discuss the role of an ethics case consultant in an institutional setting, in contrast to situations when an ethics consultant serves an individual client. In the former situation, I believe the case consultant should articulate ethical issues, options, and arguments, but not recommend a particular course of conduct. In the latter situation, the role of the ethics consultant can be defined and determined in negotiations with the client.

Throughout the developing world, it is a well-documented fact that women farmers tend to get lower yields than their male counterparts. Typically this is attributed to disproportionate access to high-quality inputs and labor, with some even arguing there could be a skills-gap stemming from unbalanced access to training and education. This article examines the gender-based yield gap in the context of Zambian maize producers. In addition to the usual drivers, we argue that Zambia’s patriarchal and multi-tiered land distribution system could (...) disfavor women with respect to accessing quality soils. We are uniquely able to control for soil characteristics using farm data from a sample of 1573 fields with accompanying soil analysis. We find an expected difference in yields, but no evidence of a gap in unobserved characteristics, like skill, after controlling for access to inputs, especially quality soil, suggesting women are indeed disproportionately disadvantaged. We discuss how our findings could be used to develop self-targeting policy interventions that could empower women and would be consistent with the government’s stated equity goals. (shrink)

The preceding five years have brought remarkable advances in our understanding of the primary structure of drug receptors. The roles of certain amino acid residues in binding drugs and effecting receptor function have been proposed. As even more detailed structures become available, the goal of rational design of drug molecules based on predicted fits between the drug and its receptor will be near at hand. Although none of the classical receptors has yet yielded to X‐ray crystallographic analysis, the methods of (...) molecular biology facilitate the production of the large amounts of these rare proteins necessary for crystallization. Receptor proteins share one fundamental characteristic with allosterically regulated enzymes. Both have the structural flexibility that allows information to be transmitted to distant parts of the molecule. We will discuss recent observations about receptor structure and the dynamic nature of drug receptors, and pose questions about the significance of receptor dynamics for drug design. (shrink)

Alexius Meinong developed a notion of defective objects in order to account for various logical and psychological paradoxes. The notion is of historical interest, since it presages recent work on the logical paradoxes by Herzberger and Kripke. But it fails to do the job it was designed for. However, a technique implicit in Meinong's investigation is more successful and can be adapted to resolve a similar paradox discovered by Romane Clark in a revised version of Meinong's Theory of Objects due (...) to Rapaport. One family of paradoxes remains, but it is argued that they are unavoidable and relatively harmless. (shrink)

During the late-nineteenth and twentieth centuries interpretations of the British Industrial Revolution became embedded within debates over competing systems of political economy, primarily liberal democracy (free trade) versus socialism (state regulation). At the heart of this contest was also the question of epistemology. A picture emerged of the Industrial Revolution that reflected such contrasting perspectives; for those with a Western liberal bent Britain industrialized first due to a weak state, an emphasis upon individual liberty, the right institutions and culture of (...) creativity born of free minds and free markets. At the heart of this was the emergence of science; objectivity and Western democracy became a key cornerstone of this perspective. This view was first especially spearheaded by the Austrian economists Ludwig von Mises (1881–1973) and, slightly later, Friedrich A. Hayek (1899–1992). The debate subsequently became particularly fierce during the Cold War, and since the fall of the Berlin Wall the role of the state and protectionism within Britain’s industrial history has greatly diminished. Indeed today’s dominant historiography continues to erase Britain’s actual industrial experience and, instead, reflect entrenched liberal and neoliberal prescriptions. A major axiom of this ideological viewpoint is the centrality of science and its history. (shrink)

The target article by Charney on behavior genetics/genomics discusses how numerous molecular factors can inform heritability estimations and genetic association studies. These factors find application in the search for genes for behavioral phenotypes, including neuropsychiatric disorders. We elaborate upon how single causal factors can generate multiple phenotypes, and discuss how multiple causal factors may converge on common neurodevelopmental mechanisms.

Este ensaio examina o relacionamento possível entre o pensamento de Martin Heidegger enquanto emerge no Zollikon Seminaire na sua troca de idéias com Medard Boss e a perspectiva da psicanálise como aparece através do prisma da releitura de Freud oferecido por Jacques Lacan. Heidegger entende Freud como vítima de uma compreensão positivista da ciência que procura explicar o comportamento humano patológico por um complexo de causas discerníveis conscientemente. Quando determinados fenômenos não podem ser explicados desta maneira, Freud postula um jogo (...) de causas psíquicas que não são conscientes, cuja soma ele chama o "inconsciente". Desde que todos os fenômenos humanos são, para Heidegger, discerníveis via uma profunda fenomenologia do ser humano como o ser-no-mundo, a construção hipotética de Freud é desnecessária e, a longo prazo, perniciosa. Mas Lacan propõe uma nova maneira de compreender o inconsciente descoberto por Freud, a saber, que não deve ser entendido como um sistema físico de forças hidráulicas, mas como um processo que seja estruturado como um idioma. A pergunta levantada neste ensaio é se Heidegger seria ou não igualmente hostil à hipótese de Freud, apresentada a ele dentro da forma de Lacan, como algo "estruturado como um idioma". O ensaio sugere que a resposta poderia ser "provavelmente não". Baseado num exemplo clínico altamente simplificado, este ensaio esforça-se para mostrar a compatibilidade entre determinados conceitos básicos de Heidegger e diversos, de Lacan, em especial as noções da verdade e da liberdade.This paper examines the possible relationship between the thought of Martin Heidegger as it emerges in the Zollikon Seminaire through his exchange with Medard Boss and the perspective of psychoanalysis as it appears through the prism of Jacques Lacan's rereading of Freud. Heidegger takes Freud to be victim of a positivist conception of science that seeks to explain pathological human behaviour by a complex of consciously discernible causes. When certain phenomena cannot be explained in this way, Freud postulates a set of psychic causes that are not conscious, the sum total of which he calls the "unconscious." Since all human phenomena are, for Heidegger, discernible through a thorough-going phenomenology of human being as being-in-the-world, Freud's hypothetical construct is unnecessary and, in the long run, pernicious. But Lacan proposes a new way to understand the unconscious that Freud discovered, namely, that it is not to be thought of as analogous to a physical system of hydraulic forces but rather to a process that is structured like a language. The question raised in the paper is whether or not Heidegger would have been equally hostile to Freud's hypothesis, if it had been presented to him in Lacanian fashion as something "structured like a language". The paper suggests that the answer could be "probably not". On the basis of a highly simplified clinical example, it endeavors to show the compatibility between certain basic Heideggerean concepts and several of those essential to Lacan, especially the notions of truth and freedom. (shrink)

The MER created a virtual experience of being on Mars. This book examines how the MER has changed the nature of planetary field science.

A significant number of inmates with mental illness reside within the New York State Department of Corrections (NYSDOCS). New York State has taken the initiative to provide mentally ill inmates with necessary services through a collaboration of the New York State Department of Correctional Services and the New York State Office of Mental Health (NYSOMH). The collaboration results in a mental health delivery system that provides many essential services to mentally ill inmates. This paper focuses on the organization of mental (...) health services within NYSDOCS, best practices, past and current litigation, and staff responsibilities. As the population of mentally ill inmates continues to grow, implications for the Human Services professions of OMH and DOCS needs to continue to address and provide adequate mental health care and resources for this special population. (shrink)

Part I argues that ontological arguments, like other classical proofs of the existence of God, are parts of larger arguments in which they are embedded. These larger arguments include reasons supporting the proofs’ premises and responses to them, and to the proofs’ claims to validity and non-circularity, since, in the final analysis, our assessment of the proofs will express our best judgment of the cumulative force of all the considerations bearing on their overall adequacy. Part II illustrates these points by (...) examining contemporary defences of, and attacks on, one of the ontological argument’s central premises, namely, that God’s existence is logically possible. (shrink)

This article discusses the place of mystery in Christian thought and practice. Both Christians themselves and their critics have historically thought that the concept of mystery is central to Christian reflection and Christian worship. It is initially surprising, then, to find that the indices of recent important reference works contain few if any references to mystery. The most important reason for the neglect of mystery may be this. William Alston begins his recent ‘Two Cheers for Mystery’ by observing that (...) ‘contemporary Anglo-American analytic philosophy of religion’ exhibits ‘a considerable degree of confidence in’ its ability ‘to determine what God is like; how to construe his basic attributes; and what his purposes, plans, standards, values and so on are’. No one ‘thinks we can attain a comprehensive knowledge of God's nature and doings. But on many crucial points, there seems to be a widespread confidence in our ability to determine exactly how things are with God.’ And, of course, the more confident one is, the less one will see any need for according the concept of mystery a central place in one's reflections on God. But what if failing to do so distorts these reflections? The burden of this article is that it does. (shrink)