In lieu of an abstract, here is a brief excerpt of the content:230 Feminist Studies 47, no. 1. © 2021 by Feminist Studies, Inc. Nneka D. Dennie The State and Future of Black Women’s Studies: The Black Women’s Studies Association and the National Women’s Studies Association in Conversation On February 25, 2021, the Black Women’s Studies Association (BWSA) and National Women’s Studies Association (NWSA) partnered for one of NWSA’s Kitchen Table Talks—a new initiative spearheaded by NWSA President Kaye (...) Wise Whitehead to foster dialogue between NWSA and other organizations. The event, titled “Space Making: State/Future of Black Women’s Studies,” featured three panelists and was moderated by Whitehead. The featured speakers were Stephanie Andrea Allen (BWSA conference chair), Jacinta R. Saffold (BWSA co-founder and treasurer), and Erica L. Williams (member of the NWSA Governing Council). Allen is a Black lesbian writer and publisher whose scholarship examines how lesbian literature and film responds to and resists the heteropatriarchal systems that invisibilize Black lesbians; she is a postdoctoral fellow and visiting assistant professor of gender studies at Indiana University. Saffold is an assistant professor of English at the University of New Orleans who researches twentieth- and twenty-first-century African American literature, hip hop studies, and digital humanities. Williams is an associate professor of anthropology at Spelman College, whose work has examined sex tourism and Black feminist activism in Brazil. Together, Whitehead, Allen, Saffold, and Williams explored their hopes for Black Women’s Studies and illuminated the challenges and joys of advancing the field. News and Views 231 The collaboration between BWSA and NWSA is a testament to how far Black Women’s Studies has come over the past fifty years and a promise of where it may continue to go in the future. NWSA was founded in 1977 and has since served as a hub for researchers, educators, and practitioners who interrogate questions of women and gender in their work. For decades, NWSA has been central to the nationwide US institutionalization of women’s, gender, and sexuality studies. By contrast, BWSA is a young organization that is continuing to grow. In 2018, Saffold and I co-founded BWSA in order to provide a community for scholars working in the field of Black Women’s Studies. BWSA is the only professional association specifically designed to bring scholars from a variety of disciplines into conversation about research that centers Black women. We launched BWSA with the goal of ensuring that future generations of scholars can readily access networks and mentorship from researchers who encounter a common question: when your work is simultaneously “too Black” and “too woman” for your field, department, or institution, what do you do? Drawing inspiration from well-established organizations in which we frequently participated, such as NWSA, the Association for the Study of African American Life and History (ASALH), the Association of Black Women Historians (ABWH), and the African American Intellectual History Society (AAIHS), Saffold and I sought to build a space that cultivated a Black feminist ethic of care for both the research and the researchers. In that spirit, BWSA provides resources to help scholars do their best work, including a mentorship program, a virtual writing community, a calls-for-papers list for publications, and article as well as graduate student paper prizes. It was an honor to join an organization as trusted and respected as NWSA for a dialogue about our shared visions for Black Women’s Studies. Three key themes emerged from the panelists’ conversation with each other. They repeatedly returned to the importance of making financial commitments to Black Women’s Studies, creating conditions to support Black women’s intellectual labor, and practicing self-care. Speakers explored the interplay between the responsibilities that institutions, communities, and individuals have to Black Women’s Studies and Black feminist scholars. They observed that in order for departments and universities to foster interdisciplinary work on Black women, they need to move beyond paying lip service to the idea that diversity, equity, and inclusion matter; there needs to be permanent funding for work on race, 232 News and Views gender, class, and sexuality. Panelists also emphasized that Black women being in community with each other and supporting one another have always been central to... (shrink)

This paper illuminates the history and design process of the various President’s Flags of the United States of America between 1915 and 1959, in particular focusing on the efforts to produce such a banner for President Harry S. Truman in 1945.

In contrast to his predecessor Boris Yeltsin, Russia's President Vladimir Putin continues to successfully neutralize legislative opposition and push his reform agenda through the State Duma. His success is due in large part to the transformation of the party system during the 1999 electoral cycle. In the face of a less polarized and fragmented party system, the Kremlin-backed party of power, Unity, became the foundation for a stable majority coalition in parliament and a weapon in the political battle (...) to eliminate threatening opponents such as Yuri Luzhkov's Fatherland-All Russia and the Communist Party of the Russian Federation. (shrink)

The president’s science advisor was formerly established in the days following the Soviet launch of Sputnik at the height of the Cold War, creating an impression of scientists at the center of presidential power. However, since that time the role of the science advisor has been far more prosaic, with a role that might be more aptly described as a coordinator of budgets and programs, and thus more closely related to the functions of the Office of Management and Budget (...) than the development of presidential policy. This role dramatically enhances the position of the scientific community to argue for its share of federal expenditures. At the same time, scientific and technological expertise permeates every function of government policy and politics, and the science advisor is only rarely involved in wider White House decision making. The actual role of the science advisor as compared to its heady initial days, in the context of an overall rise of governmental expertise, provides ample reason to reconsider the role of the presidential science advisor, and to set our expectations for that role accordingly. (shrink)

The title of this article, “The State at Dusk,” was adopted from the famous image of Minerva’s Owl in the Preface to Hegel’s Philosophy of Right. I chose it to capture the current mood of despair and foreboding about the state, both in its growing failure to protect individuals from the ravages of capital and in its malevolent capacity to destroy all life on earth. The threat of nuclear holocaust and the question of whether the welfare state (...) has a future are now urgent topics of political debate. Notwithstanding a few significant victories, however, the so-called New Right has achieved nothing like total success in its war against public-financed health care, education, and civil liberties, to name only a few of its targets. Moreover, despite the obvious madness of the nuclear arms race and two terms under the most reactionary of all modern U. S. presidents, the planet survives. As darkness gathers around the late twentieth century state, its outline appears much the same as it was at the outset of the conservative attack a decade ago. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 21.1 (2001) 133-134 [Access article in PDF] Book Review Buddhism in Taiwan: Religion and the State, 1660-1990 Buddhism in Taiwan: Religion and the State, 1660-1990. By Charles B.Jones. Honolulu: University of Hawaii Press, 1999. 233 pp. Charles Jones spent over three years living in Taiwan pursuing the research for this book and for journal articles about religion on the island. He is currently on the (...) faculty of the Department of Religion at the Catholic University of America. Jones primarily focuses on the history of Chinese Buddhism as an organized religion in Taiwan from the mid-1600s to the late 1980s. This is a much needed study as most literature on Chinese Buddhism is based on Mainland Chinese Buddhism. Only in the last decade has there been a shift to focus on Taiwan Buddhism as a separate entity rather than seeing it only as an extension of Mainland Chinese Buddhism.The book is nicely organized into three major historical eras. Part 1 is titled "The Ming and Qing Dynasty (1660-1895)." This section, only one chapter, mainly focuses on the arrival and early development of Buddhism in Taiwan. Part 2 is titled "The Japanese Colonial Period (1895-1945)." This section, two chapters, of course focuses on the advent of Japanese Buddhism on the island along with its impact on Taiwan's Buddhism. Part 3 is titled "From Retrocession to the Modern Period (1945-1990)." This is the largest section of the book, with four chapters. I found this section to be more detailed and interesting than the previous two sections. I will spend the remainder of this book review commenting on this last section.In part 3 of his book, Jones begins with a chapter on the retrocession (the period at the end of World War II when Japan was forced out of Taiwan) and the arrival of the Mainland Buddhist monks to Taiwan. This chapter shows the emergence of an organized Buddhism that started to develop under the oversight of the Buddhist Association of the Republic of China (BAROC), which had begun previous to World War II in Mainland China but relocated to Taiwan with the national government in 1949. Also of interest in this chapter is the discussion of the power struggles within Buddhism between a traditionalist faction led byYuanying, and a reformist faction led by Taixu. In the end, the struggle was resolved in favor of the traditionalists; this has led to Taiwan Buddhism tending to incline toward conservatism.Chapter five focuses entirely on the Buddhist Association of the Republic of China (BAROC). It is neatly organized into two major sections, "The early period, 1949-1960," and "The middle period, 1960-1986." In the early period section, Jones does a good job explaining the BAROC's organization, mission, and activities. Included as well is a small but fascinating discussion on "The vitality of the nun's order after 1952," in which Jones tries to answer the question of why nuns have increasingly come to predominate numerically over monks, a situation that exists only in Taiwan and Hong Kong.The second half of the chapter, "The middle period, 1960-1986," focuses on the leadership of the BAROC under Baisheng. From 1960, when Baisheng became president of BAROC, until his death in 1986, Baisheng remained a controlling presence in BAROC affairs, despite the fact that he did not hold the presidency continuously [End Page 133] during this period. Also in this section, Jones highlights the internationalism ofTaiwan Buddhism under the leadership of Baisheng, which was seen in the ordinations of foreign monks and in the involvement of BAROC in international Buddhism organizations. This chapter also covers the continual struggle to regain possession of Japanese-era temples.Chapter five ends with a section called "Criticisms of the BAROC." The largest criticism leveled against the BAROC was that it failed to become the unifying force for Taiwan Buddhism that it might have been, a problem related to its elitist attitude at the national level, where only a very small closed group of people had the actual decision... (shrink)

In 1970, President Richard Nixon expressed his unambiguous support for interracial marriage; as for same-sex marriage, he exclaimed, "I can't go that far—that's the year 2000" . Nixon's prescient remark, made shortly after the Supreme Court's 1967 decision in Loving v. Virginia to overturn anti-miscegenation laws, expresses at once hesitancy for, yet resigned acceptance of, the inevitable expansion of civil marriage to include more and more kinds of loving partnerships. Nearly forty years later, Nixon's uncanny prediction appears close to (...) being realized. At the very least, many have gone where he claimed to be unable to go, adding their voices to a growing movement seeking state recognition of same-sex unions as a matter of equality, rights, and justice. And, indeed, a strong case might be made on such grounds, were the state justified in sponsoring an institution of civil marriage in the first place. (shrink)

The starting point for studying the Croatian constitutional democracy is the adoption of the Constitution of the Republic of Croatia on 22 December 1990. The said Constitution defines the system of government as semi-presidential and its authors state as their model the Constitution of the Fifth Republic. However, the importing, in 1990, of French constitutional provisions was not neutral since the original French constitutional text was stripped of institutional obstacles, constitutional institutions for opposing the will of the President (...) of the Republic, constitutional-law conditions for the Prime Minister's primacy in the political system in case of co-habitation and discrepancies between the parliamentary and the presidential majority. The text was complemented by constitutional norms unknown to the original. French constitutional norms had to be put to good use, interpreted in line with and legally adapted to the desired political goal, i.e., the establishment of an effective state government in which the primacy of the President of the Republic would assert itself over both the Government and the legislature. The myth on the semi-presidential system was drawn on for both the adoption of the provisions regulating the organisation of government in the 1990 Constitution of the Republic of Croatia and their amendment in 2000. (shrink)

Let me offer an early disclaimer. I know exactly who the Founders were. I know exactly the crimes against humanity that they were responsible for and those they inherited and were not responsible for. I do not spend time extolling the virtues of Mr. Jefferson, Mr. Adams, Mr. Franklin, and Mr. Madison. Nothing in this work or in my experiment (my life's work) can change the fact or alter the history of the debasement of humanity that preceded the Declaration of (...) Independence (1776), the Constitution (1787), and the Bill of Rights (1791) they were a part of and the obvious fact that the major accomplishment of the Founders' theories about self-government did not apply to African Americans and Native Americans, women, and specifically Black women in their thinking. Still, there exists in their theological imagination infinite hope for their experiment. This work seeks to identify the evidence that shows and suggests that some of them were aware of a grand architectural experiment and design for the nation and its future. Every cracked, broken, and imperfect vessel can be used to bring forward hope. I am a personal witness to this fact of human existence. (shrink)

The modern presidency emerged not from an effort to escape constitutional propriety, as Tulis argues, but, rather, to emancipate presidents from the localized political parties of the nineteenth century, which had come to be viewed as sites of provincial and corrupt forms of popular rule. As the troubled tenure of George W. Bush suggests, contemporary presidents are torn between the public expectation that they stand apart from party politics and act as the chief executive of the administrative state; and (...) their role as party leaders, which links them to political allies in Congress and loyalists in the electorate. In its contribution to the development of a “new” national programmatic party system, the Bush administration reveals the potential for a novel, disturbing meld of party and administration, in which presidents seek to exploit the powers of the modern executive office for partisan gain. (shrink)

The Czech Republic today belongs to the minority of European republics whose presidents are elected indirectly. It is a paradox that, even when direct election of the President has stable support not only of the majority of Czech society but also of the majority of parliamentary parties, this issue is constantly only discussed. Should direct election gain passage in the Czech Republic, there are formally better preconditions for this than there were in the past. With regard to the fact (...) that a change in the manner of the election of the Head of State hides in itself the potential to impact the functioning of the whole constitutional system, it is worth it to follow how this problem conceived in the Czech Republic. This article is devoted to the standing of the President of the Republic in the contemporary Czech constitutional system and to considerations about direct election from the year 1918 to the present. Attention is also devoted to the difficulties which it is necessary to come to terms with during a potential change in the manner of the election of the President if the current balance of powers between the constitutional organs is to remain preserved. (shrink)

: The President's Council on Bioethics has tried to make a distinctive contribution to the methodology of such public bodies in developing what it has styled a "richer bioethics." The Council's procedure contrasts with more modest methods of public bioethical deliberation employed by the United Kingdom's Warnock Committee. The practices of both bodies are held up against a backdrop of concerns about moral and political alienation, prompted by the limitations of moral reasoning and by moral dissent from state (...) policy under even the most democratic of governments. Although the President's Council's rhetoric is often scrupulously conciliatory, recurring features of its argumentative practice are regrettably divisive. They order these things better in Britain. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Between God and the President: Literature and Censorship in North AfricaHafid Gafaiti (bio)Assassination is the extreme form of censorship.—George Bernard ShawThose who fight with the pen will perish by the sword.—Slogan of the Algerian Muslim fundamentalistsIf you speak up, you die. If you don’t speak up, you die. So, speak up and die!—Tahar Djaout, the first writer assassinated in the context of the current Algerian political crisisIn the (...) West, censorship has been understood for the most part as the state’s control over cultural production. Many critics in the postwar period, however, have argued that other forms of censorship, such as market censorship, are comparable to the actions of the state. The Christian right’s attacks on art in the United States in the 1980s and early 1990s together with Congressional moves to disempower and dismantle the NEA have generated a new set of debates about censorship in this country. It was understood that the extreme right sought to repress cultural productions carrying a message of ethnic and sexual difference, targeting the works by rappers, the photographer Mapplethorpe, Madonna’s music videos, and so on. The right provided rhetoric to support the privatization of public space, the control of language and public images, and the promotion of “safe” art.While many critics refer to this as the “new censorship,” structurally it is exactly the same as the “old” censorship, that is, state control intervening in the liberal subject’s absolute right to free expression. It appears that the dichotomy between the left’s claim for the absolute freedom of the artist and the right’s attempt to repress it is most often conceived in moral terms and is paradigmatic of the Western liberal oppositional categories used to describe censorship.This position views the relationship between art and censorship as either a bourgeois romantic opposition to political order or a corrupt collaboration by opportunistic apparatchiks. It leaves no room for what Michael Holquist, for example, calls “negotiation.” Moreover, it does not take into account the fact that—in Third World or socialist contexts, for example—the way certain intellectuals view their role vis-à-vis the state, society, and/or the people determines their degree of cooperation with censorship mechanisms.The problem with this Manichean vision is that it implies a notion of censorship that is ahistorical: it posits that there is an essential distinction between the censor and the [End Page 59] creator or free mind. On the one hand, as Miklos Haraszti accurately outlines, at least until very recently in the Eastern European context:Censorship is no longer a matter of simple state intervention. A new aesthetic culture has emerged in which censors and artists alike are entangled in a mutual embrace. Nor is it as distasteful as traditional critics of censorship imagine. The state is able to domesticate the artist because the artist has already made the state his home.[5]On the other hand, as Richard Burt rightly suggests:What counts as censorship is not always clear. Indeed, it is hard to see how one could call many contemporary cases censorship without either seriously distorting the traditional understanding of the term or redefining it to include so many practices—ranging from institutional regulation of free expression, market censorship, cutbacks in government funding for controversial art, boycotts, lawsuits, and marginalization and exclusion of artists based on their gender or race to “political correctness” in the university and the media—that the term is overwhelmed, even trivialized, its usefulness as a tool of cultural criticism called into question.[xiii]Recent events, not only in the United States but also in other parts of the world such as Algeria, the case on which I will concentrate, show that one cannot seriously conceive the question of censorship along the lines of closed, distinct, conceptual categories expressing absolute oppositions. In other words, it is necessary to take the concept of censorship out of the realm of morality and locate it in the world of history, to displace it from the framework of philosophy and move it to the context of culture.In this essay, I will analyze the exercise of censorship in Algeria in... (shrink)

This paper traces the history of the cultural icon of the "First Dog" of the United States back to the administration of President Warren G. Harding . It briefly explores technological and socio-cultural factors—including the early-twentieth-century cult of human and nonhuman celebrities—that laid a basis for the acceptance of Laddie Boy, Harding's Airedale terrier, as the third member of the First Family and a celebrity in his own right. Following Laddie Boy, First Dogs would greet and entertain visitors to (...) the White House, pose for the press, make public appearances, and "talk." While recognizing that Laddie Boy's personality was essential to his success at the White House, the paper also documents the steps taken by President Harding, his wife Florence Kling Harding, and the American press to establish Laddie Boy as the First Dog of the land. The paper argues that the construction of the cultural icon of the First Dog was not simply a political ploy to humanize the President but more a calculated attempt by President Harding to further animal welfare. (shrink)

(2001). Just Being a Lawyer: Reflections on the Legal Ethics of a President under Impeachment A review of “An Affair of State: The Investigation, Impeachment and Trial of President Clinton,” by Richard A. Posner. Legal Ethics: Vol. 4, No. 2, pp. 155-171.

The report of the President's Council on Bioethics, Human Cloning and Human Dignity, addresses the central ethical, political, and policy issue in human embryonic stem cell research: the moral status of extracorporeal human embryos. The Council members were in sharp disagreement on this issue and essentially failed to adequately engage and respectfully acknowledge each others' deepest moral concerns, despite their stated commitment to do so. This essay provides a detailed critique of the two extreme views on the Council (i.e., (...) embryos have full moral status or they have none at all) and then gives theoretical grounding for our judgment about the intermediate moral status of embryos. It also supplies an account of how to address profound moral disagreements in the public arena, especially by way of constructing a middle ground that deliberately pays sincere respect to the views of those with whom it has deep disagreements. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Incoherence of Determining Death by Neurological Criteria: A Commentary on Controversies in the Determination of Death, A White Paper by the President’s Council on Bioethics*Franklin G. Miller** (bio) and Robert D. Truog (bio)Traditionally the cessation of breathing and heart beat has marked the passage from life to death. Shortly after death was determined, the body became a cold corpse, suitable for burial or cremation. Two technological changes (...) in the second half of the twentieth century prompted calls for a new, or at least expanded, definition of death: the development of intensive care medicine, especially the use of mechanical ventilators, and the advent of successful transplantation of vital organs. Patients with profound neurological damage, leaving them incapable of breathing on their own and in an irreversible coma, could be maintained for some period of time with the aid of mechanical ventilation. The situation of these patients posed two ethical questions. Is it appropriate to stop life-sustaining treatment? If so, is it acceptable to retrieve vital organs for transplantation to save the lives of others before stopping treatment?In 1968, the Ad Hoc Committee of the Harvard Medical School to Examine the Definition of Brain Death proposed that death could be determined on the basis of neurological criteria, thus providing a positive answer to these two questions (Ad Hoc Committee 1968). According to the position of this committee, patients diagnosed with the cessation of brain function are dead, despite the fact that they breathe and circulate blood with the aid of mechanical ventilation. [End Page 185] Because they are dead, it is appropriate, indeed imperative, to stop mechanical ventilation. And because they are dead, it becomes ethical to procure vital organs for transplantation before stopping what otherwise would be life-sustaining treatment. Remarkably, this innovative neurological determination of death became, with little debate or controversy, the established position in medical ethics and the law throughout the United States.The Harvard Committee articulated the diagnosis of “irreversible coma,” but merely asserted that this condition constituted death. No explanatory rationale was provided. It fell to the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research to provide an authoritative rationale in its 1981 report, Defining Death. The second paragraph of the report set the stage as follows: “The question addressed here is not inherently difficult or complicated. Simply, it is whether the law ought to recognize new means for establishing that the death of a human being has occurred” (President’s Commission 1981, p. 3). The Commission claimed that “death is a unitary phenomenon” (p. 7) and that the determination of death by neurological criteria, in terms of the absence of all brain function, is consistent with the traditional conception of death as the cessation of vital functioning of the organism as a whole. The key issue is the integrative functioning of the human organism, which ceases to exist, according to the Commission, when the whole brain, including higher cortical areas and the brain stem, fails to function. Although “brain-dead” patients do not appear to be dead—i.e., the reality of their death is “masked” by the activity of mechanical ventilation—the patient’s body has irreversibly lost all capacity for integrative functioning. In the words of the Commission: “When artificial means of support mask this loss of integration as measured by the old methods [cessation of respiration and heart beat], brain-oriented criteria and tests provide a new window on the same phenomenon” (p. 33). The President’s Commission was instrumental in developing and establishing “The Uniform Definition of Death Act”: “An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead” (p. 2).Although the question posed by the President’s Commission was easy to articulate, the answer, over time, has proved complicated and controversial. The coherence and cogency of determining death by neurological criteria has been challenged. Various experts have demonstrated that “brain-dead” patients maintained on mechanical ventilation display a range of vital, integrative, functioning, which conflicts with the judgment that they are dead (Truog and... (shrink)

The international media recently reported the case of Eluana Englaro, a 38-year-old woman in a permanent vegetative state who died in February 2009 following withdrawal of her feeding tube. At the time of her death, she had been unconscious for 17 years. For many years, her father had been seeking permission to allow her to die. His request was rejected by the courts several times on different grounds, until the Italian Supreme Court finally granted it. The case caused considerable (...) political turmoil. The government, the president, the Constitutional Court, and the European Court of Human Rights got involved. This paper gives an account of the history of the case, enriched by personal communications with the people directly involved and a memoir by the father of Eluana. (shrink)

Leonard Peikoff brought into Objectivist epistemology the doctrine that what is asserted arbitrarily (without adequate evidence) cannot be true or false. In 2008 the author gave a detailed critique of the doctrine; it has not received a published response. But there have been restatements by Harry Binswanger, Ben Bayer, and Gregory Salmieri. Their re-presentations do not refute any old arguments; their new arguments make the doctrine worse. The doctrine is being used to justify ignoring known possibilities, and to “prove” that (...) the current president of the United States has a parrot's mind in a human body. Its public retraction is overdue. (shrink)

The main aim of this text is to present economic relations between China and the US today. The election of Donald Trump in 2016, significantly redefined American trade policy toward China. Despite the first months of his presidency, which promised an efficient, long-term cooperation between Beijing and Washington, incumbent president decided to implement severe restriction on the trade with China at the beginning of 2018. However, the announced imposition of tariffs on almost all goods coming from this country could (...) interfere with the growth of the single states and the economy of the whole country in the future. Therefore the text is aimed to investigate the dependency of selected states on the inflows of Chinese investments since 2010. Finally, it is necessary to examine the phenomenon of the trade war, which has begun in July 2018, and assess its impact on the growth of both countries. (shrink)

The American administrative state is a feature of the new liberalism that is largely irreconcilable with the old, founding-era liberalism. At its core, the administrative state, with its delegation of legislative power to the bureaucracy, combination of functions within bureaucratic agencies, and weakening of presidential control over administration undercuts the separation-of-powers principle that is the base of the founders' Constitution. The animating idea behind the features of the administrative state is the separation of politics and administration, which (...) was championed by James Landis, the New-Deal architect of the administrative state for President Franklin Roosevelt. The idea of separating politics and administration, and the faith such a separation requires in the objectivity of administrators, did not originate with Landis or the New Deal but, instead, with the Progressives who had come a generation earlier. Both Woodrow Wilson and Frank Goodnow were pioneers in advocating the separation of politics and administration, and made it the centerpiece of their broad arguments for constitutional reform. (shrink)

This article examines Bolivian vice president Álvaro García Linera’s use of concepts originating in the work of Antonio Gramsci and Bolivian sociologist René Zavaleta Mercado. Zavaleta’s concept of sociedad abigarrada has a history of misappropriation in which García Linera participates by articulating it with the related concept of the estado aparente to claim that the merely ‘apparent’ state which does not effectively represent the heterogeneous social reality of a country like Bolivia is abolished with the official establishment of (...) the Plurinational State in 2009. This ideologeme of the Plurinational State as one that faithfully represents Bolivia’s abigarramiento is equated with the Gramscian stato integrale, which in Gramsci refers to the state proper plus civil society where these are thoroughly integrated to function as an organic whole. Beyond merely misusing the borrowed terms of this discursive operation, García Linera gives a prescriptive value to concepts developed for an analytical purpose to validate the existing regime. (shrink)

Presidential pardon has always existed in criminal law and continues to constitute a very important competence of the head of state in many modern day countries. In the past, the clemency given by the sovereign represented an act which showed his/her mercy upon their subjects. It was often used as a tool to show the arbitrary will of the sovereign that constituted the law, rather than the law itself. Therefore, the classical school of criminal law that appeared in the (...) 18th century and emphasized the importance of the principle of legality, opposed harshly every kind of arbitrary deciding that excluded the law at the interest of the sovereign. This school is among the only interpretations of criminal law that engages for a complete abandonment of institutes such as pardon or amnesty. The revolutionary French Penal Code of 1791, which was strongly influenced by the classical school, excluded clemency for the proved wrongs that were severely punished. However, due to imperfections of the criminal justice system, amnesty and pardon or clemency, continue to exist and to be used in modern day criminal law. They are no longer considered acts of arbitrary decisions of the sovereign, instead they should represent important instruments of criminal law, used rarely and wisely with specifically designed goals that aim to bring justice rather than deny it. However, there are many cases when these institutes have been inappropriately used in a very arrogant way which shows that the ancient regime is not yet over for some countries in which the highest institutions continue to act as old and middle age despots. This article will analyze the legal reasoning of the institution of presidential pardon. It will try to establish why the classical school was so strictly opposed to this institute making use of the studies and interpretations found in the writings of Cesare Beccaria. It will explain the philosophy of modern day institutions of amnesty and pardon and the way in which they are regulated in the legal theory and practice. The article will explain the recent developments in Macedonia in regard to the use of presidential pardon. The methods to be used consist of desk research, historical and comparative methods and analysis of legal texts, laws and judicial decisions. (shrink)

George W. Bush is not only America’s president, but also its most prominent moralist. No other president in living memory has spoken so often about good and evil, right and wrong. His inaugural address was a call to build “a single nation of justice and opportunity.” A year later, he famously proclaimed North Korea, Iran and Iraq to be an “axis of evil,” and in contrast, he called the United States “a moral nation.” He defends his tax policy (...) in moral terms, saying that it is fair, and gives back to taxpayers what is rightfully theirs. The case he makes for free trade is “not just monetary, but moral.” Open trade is a “moral imperative.” Another “moral imperative,” he says, is alleviating hunger and poverty throughout the world. He has said that “America’s greatest economic need is higher ethical standards.” In setting out the “Bush doctrine,” which defends preemptive strikes against those who might threaten America with weapons of mass destruction, he asserted: “Moral truth is the same in every culture, in every time, and in every place.” But in what moral truths does the president believe? Considering how much the president says about ethics, it is surprising how little serious discussion there has been of the moral philosophy of George W. Bush. (shrink)

President Kennedy once said, “Mankind must put an end to war, or war will put an end to mankind.” The purpose of my presentation this evening is to show why a strike against Iraq is dangerous, unjustified, and unnecessary. Since Saddam Hussein has not engaged in any aggressive behavior since the Gulf War, launching an attack would be pre-emptive in nature.

Hearing the news from South America at the turn of the millennium can be like traveling in time: here are the trials of Pinochet, the searches for "the disappeared" in Argentina, the investigation of the death of former president Goulart in Brazil, the Peace Commission in Uruguay, the Archive of Terror in Paraguay, a Truth Commission in Peru. As societies struggle to come to terms with the past and with the vexing questions posed by ineradicable memories, this wise book (...) offers guidance. Combining a concrete sense of present urgency and a theoretical understanding of social, political, and historical realities, State Repression and the Labors of Memory fashions tools for thinking about and analyzing the presences, silences, and meanings of the past. With unflappable good judgment and fairness, Elizabeth Jelin clarifies the often muddled debates about the nature of memory, the politics of struggles over memories of historical injustice, the relation of historiography to memory, the issue of truth in testimony and traumatic remembrance, the role of women in Latin American attempts to cope with the legacies of military dictatorships, and problems of second-generation memory and its transmission and appropriation. Jelin's work engages European and North American theory in its exploration of the various ways in which conflicts over memory shape individual and collective identities, as well as social and political cleavages. In doing so, her book exposes the enduring consequences of repression for social processes in Latin America, and at the same time enriches our general understanding of the fundamentally conflicted and contingent nature of memory. A timely exploration of the nature ofmemory and its political uses. (shrink)

The Philippine government has been relentless in its counterinsurgency campaigns. From the colonial wars that vilified as insurgents and bandits the honored heroes of today, up to the anti-communist and anti-secessionist civil and military efforts of the postcolonial regimes, these campaigns have not only rolled out large state resources but also cost lives of innocent civilians. Patterned after the United States (US) of America’s principle of low-intensity conflict aimed at countering Marxist and anti-imperialist movements (Reed 1986), counterinsurgency campaigns have (...) unleashed a warfare that indiscriminately target its supposed opponents, including unarmed activists. In 2007, the United Nations Special Rapporteur Philip Alston examined the horrible political situation of the Philippines – characterized by political killings, abductions, and tortures – and identified how state elements, under the blanket protection of waging a counterinsurgency campaign, were responsible for the political repressions then (Sales 2009). Today, under the murderous Duterte regime, the counterinsurgency campaign has reached an unprecedented level of ferocity as it is waged through a militarist whole-ofnation approach composed by multi-level government and multi-agency responses. -/- Being greatly influenced by the US, counterinsurgency campaigns in the Philippines follow the paranoiac and hysterical communist witch-hunt of McCarthyism (Hutchins-Viroux 2008). The hysteria’s contemporary and local expression is the phenomenon called red- or terror-tagging.1 Terror-tagging is the systematic process of maliciously naming or identifying an individual or group as a communist and/or terrorist by its association with a supposed communist and/or terrorist group. Being a systematic process, it is initiated and sustained by state elements with the view of maligning or defaming political activists. Terror-tagging is aimed against activists, dissenters, and even the political opposition. The social activist Rhoda Dalang (2014) has noted how terror-tagging has been deployed by the Philippine state in its counterinsurgency efforts, from the Marcos up to the then Aquino regime. And until the previous Duterte regime, yet with increased intensity and fatality, terror-tagging continued to defame and liquidate activists. As terror-tagging has not received enough academic attention, this chapter aims to fill this gap by providing a preliminary analysis of it. The chapter will be doing a critical discourse analysis. It will take off from a revealing study done by Don Kevin Hapal and Raisa Serafica of Rappler, a media outlet in the Philippines. Through a separate discourse analysis of Facebook posts of the National Task Force to End Local Communist Armed Conflict (NTFELCAC),2 the chapter will also identify aspects of terror-tagging. The discussion will further be theorized using the Marxist analysis of the State and informed by interviews of Atty. Maria Sol Taule and Cristina Palabay. They are both human rights workers who have worked with terror-tagged activists and are themselves subjected to terror-tagging. (shrink)

For years official development assistance (ODA) has been one of the most important forms of financial assistance provided to developing countries by highly developed countries. Despite the controversy over the effectiveness of assistance, it has become a permanent element of the international aid system. With the election of Donald Trump and one of the key slogans of his campaign – America first – the political climate around official development assistance is changing. The aim of the article is to analyze the (...) role of official development assistance in political declarations of the current president of the United States. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:News from the President’s Council on BioethicsF. Daniel Davis (bio) and Diane M. Gianelli (bio)As most readers of this column already know, the President's Council on Bioethics went through a major transition during the past year when Leon Kass—in October 2005—handed the chairman's gavel over to Georgetown University's Edmund Pellegrino. Dr. Kass has remained on the Council as a member.1When the gavel change took place, the Council's (...) phone started ringing. Everyone wanted to know the same thing: What topics would the Council take up this term? Dr. Pellegrino's answer was always the same: The Council's agenda would be established through a consultative process with the members themselves and with an eye to those problems and controversies in bioethics to which we, as a body, can make a contribution.Taking its cue from the list of potential topics suggested by members, the Council—over the course of the next several meetings—listened to experts on such topics as children and bioethics (with a focus on children in clinical research), organ transplantation, and that oft-cited-but-hard-to-define concept, "human dignity."The latter topic entered the arena of discussion because it is a concept that is cited frequently in the bioethics literature, and it is also one that has figured prominently in Council discussions and documents. Although the concept is widely invoked, there is no universal understanding of what it means, and it is not easy to encapsulate into a one-size-fits-all definition. Indeed, some critics maintain that appeals to human dignity are fig leaves used to camouflage unconvincing arguments. So between December 2005 and April 2006, the Council devoted several sessions to various perspectives on "human dignity: its meaning, its foundations, and its relevance to bioethics." After hearing from James Childress, Patricia Churchland, Daniel Sulmasy, and Paul Weithman2 on the topic, the Council decided to issue a volume of approximately 20 essays, some by Council members and others by scholars from a variety of relevant disciplines.3 The volume is expected to encompass a broad array of opinion on the topic of human dignity and is scheduled to be published next spring."Children" were also the focus of several sessions during the past year. The Council's last report addressed care giving for the elderly.4 After it was issued, several members suggested it was time to focus on the youngest members of [End Page 375] society. The challenge, of course, was to find a topic that was both timely and relevant—and one about which the Council was uniquely qualified to make a contribution. A number of experts in a variety of related fields testified before the Council about possible issues it could explore: newborn screening for genetic disorders; decision-making standards for those who lack capacity; ethical issues in neonatal and pediatric intensive care; pharmacology and psychiatric disorders in children; and children and clinical research. In addition, a number of groups and individuals involved in related topics met with staff to discuss their interests and concerns.This exploratory engagement with facets of the broad topic of children and bioethics led the Council to focus, more narrowly, on a cluster of issues concerning newborn screening for genetic disorders—a topic on which it is likely that the Council will issue a white paper, possibly by next summer. The stimulus for this particular focus has been the American College of Medical Genetics's recommendation that all newborns in the U.S. be screened for a panel of 29 disorders.5 Currently, each state decides for its residents which conditions are subject to mandated screening, so it is possible to get early diagnoses of treatable disorders in one geographical area but not in another. Proponents of screening find the federal approach to mandated screening more equitable. Potential ethical problems, however, exist with the proposal. Some want to ensure that newborns are screened only for treatable conditions on grounds that it would be too burdensome to discover one is carrying the gene for a late-onset disease that cannot be prevented. Others want to make sure that insurance coverage for individuals and their families is... (shrink)

When Donald Trump was elected the 45th president of the United States in November 2016, many observers in the U.S. and international environmental communities began voicing concerns about the range...

This short essay connects President Rutherford B. Hayes (1822 - 1893) with the thought of Ralph Waldo Emerson (1803 - 1882). It shows that President Hayes was an avid reader of Emerson and that he thought in Emersonian terms when he considered political questions. In private letters Hayes was wont to describe himself with the unusual term 'nihilist.' His use of this appellation has to be understood in the context of the times. What he meant was that he (...) had been called a 'nihilist' by devotees of the principle of 'laissez-faire' for his preference for policies which saw the state in a 'proactive' role in terms of economic regulation and so on. Hayes was proud to be a 'nihilist' understood in this sense because he believed state activity for the sake of social improvement is in fact the legacy of the Declaration of Independence and the Sermon on the Mount. Hayes' religious views were very 'liberal' but he was a long way from what the term 'nihilist' subsequently came to mean in later generations. (shrink)

Excerpt from Genetic Philosophy of Education: An Epitome of the Published Educational Writings, of President G Stanley Hall, of Clark University All must admit that there is a lack at the present time, at least among the rank and file of teachers, and in the public mind generally, of any adequate philoso phy of education, or even Of a point of view from which the themes of school and home can be dis cussed broadly and intelligently. The older philoso (...) phies of F roebel, Hegel, and Herbart are certainly in sufficient to meet present needs, and especially in the training of teachers is this painfully felt. They are not only obscure, and little inspiring, either Of breadth of thought or intelligent practice but they fail en tirely to connect with the teacher 3 daily life, unless they be taught in a very shallow and formal way. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

ABSTRACT This article explores the development in Bolivia under president Evo Morales, through a critical postcolonial approach. From a traditional liberal perspective, this article concludes that the liberal democratic system under Morales has not been deepening, though certain new participatory aspects of democracy, including socio-economic reforms have been carried out. In contrast, this article analyses to what extent the presidency of Evo Morales may be seen as the end of the postcolonialism, and the beginning of a new era in (...) which Bolivia’s indigenous people finally have been incorporated into the forward development of a multi-ethnic society. By analysing issues such as time, nation, land, space, globalization and language, the conclusion is that the new constitution marks a fresh beginning, one beyond the colonial and postcolonial eras, for indigenous groups, but it will not bring back the old indigenous societies as was dominating the territory of today’s modern state. (shrink)

Because of the recent meltdown in our capitalistic system, even former President Bush and conservative Republicans favor the government interference in free markets in which privately owned businesses were “bailed out.” This government action to save our economic system had long previously been denounced as “socialism.” However, this current acceptance of a sort of democratic socialism at home now would allow President Obama to respect and even promote democratic socialism abroad. In fact, the Universal Declaration of Human Rights (...) demands respect for democratic socialism in both a nation’s domestic and foreign affairs. I explain three differences this should mean in President Obama’s conduct of foreign affairs. These relate to 1. which nations are our enemies and which our friends, 2. helping foreign nations reduce their poverty by other than market means, and 3. no longer using our military abroad to promote capitalism and thus doing less to create anti-American terrorists. (shrink)

The terror attacks of September 11, 2001, facilitated a transformation in federal Governance in the United States of America (hereinafter – the USA). The events of that day showed that the counter-terrorism system of the USA was ineffective. Law enforcement agencies failed to prevent terrorist attacks and thus changes were necessary. The most significant transformations were the following: dozens of new laws were passed; the bureaucracy of the US Government was reorganized; a war was launched to eliminate a sanctuary that (...) had existed for half a decade in Afghanistan; the wall that had existed between domestic law enforcement and foreign intelligence was torn down; the rules by which US domestic agencies could collect information, tap phones, and tap email were changed; the efforts of the USA to secure its borders were totally transformed; transportation security was dramatically enhanced. All measures adopted during that first year after the terrorist attacks were implemented very quickly and without careful consideration of the costs and benefits. However, for the USA the year right after September 11 was not a period for thinking twice. It was the year of relentless offensive action against the threats that the USA faced. President Bush announced that the USA will follow a pre-emptive strategy of going after terrorists and the regimes that support them before they attack, not waiting to be attacked. Aforesaid changes greatly affected conditions of human rights in the USA. This article examines the effect on human rights by the new US counter-terrorism measures. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Identity, Ritual and State in Tibetan Buddhism: The Foundations of Authority in Gelukpa MonasticismChristian P. B. HaskettIdentity, Ritual and State in Tibetan Buddhism: The Foundations of Authority in Gelukpa Monasticism. By Martin A. Mills. London: RoutledgeCurzon, 2003. 404 + xxi pp. with 12 black and white plates.In Tibetan Buddhism, there is a type of teaching called a dmar khrid, a "red instruction," wherein the lama brings (...) students through a teaching as a physician might dissect a corpse, pointing out and explaining the various parts and organs and their places and functions. In Identity, Ritual and State in Tibetan Buddhism, Martin Mills has done very much the same thing, with the exception that the body he examines is still very much alive, and emerges, to my eyes at least, as a new and wholly vital entity. Mills exposes the subcutaneous and sanguine body of Tibetan Buddhism, the bones and muscles that make up its structure, the blood that flows through it, and the organs that keep it alive, in "a plain and open manner," just as in a dmar khrid.1 The value of such a presentation truly cannot be overstated. An attempt to catalog the contents of each chapter would be both impossible and counterproductive, as the wealth of theoretical material and ethnographic detail is a large part of what makes this book so powerful. Instead, I will identify several topics, several of the vital organs alluded to, that are either not commonly noticed in the academic study of Buddhism, or that are given fresh perspective by Mills's anthropological and sociological methodology, and that are so crucial to understanding how it is that Buddhism lives in a typical Himalayan village. The latter portion of this review explains why I place such high value on this book and its potential place in Buddhist-Christian studies.Identity, Ritual and State is an ethnography of Kumbum Monastery in Lingshed, Ladakh (the eastern half of the Kashmir valley, located in Jammu and Kashmir, India), but its concerns are much more far-reaching than a single remote Himalayan village. The central question of the work is "how we are to understand the nature of religious authority in Tibetan Buddhist monasticism" (p. xiii), although it might more properly be the religious authority of Tibetan [End Page 187] Buddhist monastics. This answer is worked out in three overlapping areas of analysis: local ritual activity, ecclesiastical structure of the monastery, and the ritual foundations of Tibetan political thought (p. xvii).Mills convincingly asserts that there is a framework within which Buddhism happens in the Himalayas. The starting point of this framework is birth itself, which establishes the embodied person. The very physicality of personhood has several implications. First, the body is embedded in a very specific local space and place, and personhood is thus not only embodied, but also chthonic—intimately bound up with the earth or soil onto which it is born. At birth, persons are injected into a complex matrix of relations between people and various spirits, such as household gods and protectors, nāga, and itinerant demons. For example, Lingshed is divided into seven subterritories, each under the jurisdiction of a local deity whose physical abode and reign are well known to all in the village.2 These deities are associated with features of the local geography, and they regulate and influence local agricultural and social production, so birth in one area or another signifies a relation with the deity presiding over it. The land itself is imbued with a notion of personhood and agency. The human body is also the repository for pollution (sgrib), which comes about as a result of violating the established hierarchy of space and place and from bringing about changes to the local matrix of embodied persons. Both bodily pollution concerns and the need for proper relations with local spirit numina mandate definite, ongoing ritual attention. Rituals are occasioned in response to births, deaths, spirit possession, unintentional pollution of places or household objects, and movements within the monastic ecclesiastical structure, or happen regularly according to an astrologically and agriculturally influenced calendar.Rituals are performed by monks not only because they are trained specialists, but because... (shrink)

The former president of the German Constitutional Court, Ernst-Wolfgang Böckenförde, coined the formulation, "The liberal, secularised state is nourished by presuppositions that it cannot itself guarantee."1 In the first part of this article I would like to discuss the deliberations of one who is considered the chief philosopher of the Federal Republic of Germany, Jürgen Habermas, in particular his thinking regarding the epistemological and existential status and role of religion in a modern democracy. I investigate Habermas's concept of (...) philosophy with the intention of exploring the possibility and range of a philosophy of religion allowed for in his approach. This is why the reactions to Habermas's discourse on... (shrink)