In the UK, female genital mutilation is unlawful, not only when performed on minors, but also when performed on adult women. The aim of our paper is to examine several arguments which have been advanced in support of this ban and to assess whether they are sufficient to justify banning female genital mutilation for competent, consenting women. We proceed by comparing female genital mutilation, which is banned, with cosmetic surgery, towards which the law has taken a very permissive stance. We (...) then examine the main arguments for the prohibition of the former, assessing in each case both (a) whether the argument succeeds in justifying the ban and, if so, (b) whether a parallel argument would not also support a ban on the latter. We focus on the following arguments. Female genital mutilation should be unlawful because: (1) no woman could validly consent to it; (2) it is an oppressive and sexist practice; (3) it involves the intentional infliction of injury; (4) it causes offence. Our view is that arguments (3) and (4) are unsound and that, although arguments (1) and (2) may be sound, they support not only a ban on female genital mutilation, but also one on (some types of) costmetic surgery. Hence, we conclude that the present legal situation in the UK is ethically unsustainable in one of the following ways. Either the ban on female genital mutilation is unjustified because arguments (1) and (2) are not in fact successful; or the law's permissive attitude towards cosmetic surgery is unjustified because arguments (1) and (2) are in fact successful and apply equally to female genital mutilation and (certain forms of) cosmetic surgery. The people of the countries where female genital mutilation is practised resent references to ‘barbaric practices imposed on women by male‐dominated primitive societies’, especially when they look at the Western world and see women undergoing their own feminization rites intended to increase sexual desirability: medically dangerous forms of cosmetic plastic surgery, for instance …. (shrink)

In Re D is the most recent in a line of cases to raise problems with the determination of legal fatherhood under s.28(3) of the Human Fertilisation and Embryology Act 1990. The judgments in In Re D are interesting in particular because they demonstrate the growing currency of the idea that a child has a right to ‘genetic truth’. They also further evidence the ‘fragmentation of fatherhood’. This case is best understood as part of a complex and ongoing negotiation of (...) men’s role in the family in the light of shifting family forms. (shrink)

This book brings together new work by some of the foremost writers in the health care law arena. It presents exciting new insights,drawing on feminist theory and methodology to further our understanding of health care law. Whilst the book makes a real contribution to both feminist debates and the analysis of this area of law, it is also accessible to the undergraduate student who is approaching this area of legal scholarship and feminist jurisprudence for the first time. Its focus is (...) not merely on those issues which have traditionally excited feminist attention, but also includes those subjects which have proved of less apparent interest such as confidentiality, medical research, medical negligence and professional discipline. (shrink)

In Evans, both the U.K. High Court and Court of Appeal upheld Howard Johnston’s right to refuse Natallie Evans access to the stored embryos which represented her only hope of having a child which was genetically her own. In this note, I focus on claims of gender (in)equality in the resolution of Evans. My argument is that such claims are often made all too easily, without full consideration of the problems of advancing them in the context of procreative decision-making, where (...) men and women are inevitably differently situated. I conclude that although equality arguments are not wholly without value in this context, they need be used with extreme care. And, with due caution, I set out an equality argument of my own which was not made in Evans. (shrink)

Of all the changes to the Human Fertilisation and Embryology Act 1990 that were introduced in 2008 by legislation of the same name, foremost to excite media attention and popular controversy was the amendment of the so-called welfare clause. This clause forms part of the licensing conditions which must be met by any clinic before offering those treatment services covered by the legislation. The 2008 Act deleted the statutory requirement that clinicians consider the need for a father of any potential (...) child before offering a woman treatment, substituting for it a requirement that clinicians must henceforth consider the child’s need for “supportive parenting”. In this paper, we first briefly recall the history of the introduction of s 13(5) in the 1990 Act, before going on to track discussion of its amendment through the lengthy reform process that preceded the introduction of the 2008 Act. We then discuss the meaning of the phrase “supportive parenting” with reference to guidance regarding its interpretation offered by the Human Fertilisation and Embryology Authority. While the changes to s 13(5) have been represented as suggesting a major change in the law, we suggest that the reworded section does not represent a significant break from the previous law as it had been interpreted in practice. This raises the question of why it was that an amendment that is likely to make very little difference to clinical practice tended to excite such attention (and with such polarising force). To this end, we locate debates regarding s 13(5) within a broader context of popular anxieties regarding the use of reproductive technologies and, specifically, what they mean for the position of men within the family. (shrink)

Megan1 is a young teenage patient who suffered a stillbirth at 28 weeks, leading to a year long police investigation dropped only after postmortem tests found that her pregnancy was lost due to natural causes. The stress of the investigation and her isolation from friends and support network following the seizure of her mobile and laptop compounded the trauma of the stillbirth, leaving her requiring emergency psychiatric care. Aisha1 is a vulnerable patient who suffered a premature delivery, having experienced similar (...) problems in earlier pregnancies. Things happened so quickly that Aisha delivered on her own at home, only then seeking medical care. She told hospital staff that earlier in her pregnancy she had considered an abortion. As a result, she found herself interviewed under police caution and was required to surrender her phone and tablet, limiting access to friend and family support just when most needed. Aisha was denied unsupervised access to her baby in the intensive care unit, needing to hand over expressed breast milk to a receptionist. These stories, which were reported in a recent meeting in Parliament,1 are sadly far from unusual. They reflect the collateral damage of a growing trend towards more enthusiastic enforcement of the archaic abortion laws of England and Wales.2–5 In such cases, women who present with miscarriage, stillbirth or a premature delivery have aroused the suspicion of health professionals, sometimes because—like Aisha—they speak honestly about having considered abortion earlier in their pregnancies. They then find themselves reported to the police, required to surrender electronic devices and sometimes advised by duty solicitors to speak to no one about events leading to their investigation, thus being denied emotional and full clinical support at a time of significant trauma. These women are not the only victims of British abortion laws: so …. (shrink)

Under current UK law, an embryo cannot be transferred to a woman's uterus without the consent of both of its genetic parents, that is both of the people from whose gametes the embryo was created. This consent can be withdrawn at any time before the embryo transfer procedure. Withdrawal of consent by one genetic parent can result in the other genetic parent losing the opportunity to have their own genetic children. We argue that offering couples only one type of consent (...) agreement, as happens at present, is too restrictive. An alternative form of agreement, in which one genetic parent agrees to forego the right to future withdrawal of consent, should be available alongside the current form of agreement. Giving couples such a choice will better enable them to store embryos under a consent agreement that is appropriate for their circumstances. Allowing such a choice, with robust procedures in place to ensure the validity of consent, is the best way to respect patient autonomy. (shrink)

Since 1991, sperm donors in the UK have had the legal right to withdraw consent for the use of their sperm in fertility treatment. This has the potential to adversely affect patients. It may mean that previous recipients of a donor’s sperm cannot have further children who are full biological siblings to an existing child, and that embryos created from the donor’s sperm and a patient’s eggs must be destroyed.

Following a Consultation exercise conducted by the Lord Chancellor's Department, the U.K. Government has announced its intention to amend the Children Act 1989 so that the unmarried father who jointly registers the birth with the mother will acquire parental responsibility automatically. In this paper, I draw on the responses made to the L.C.D. Consultation, in order critically to evaluate the arguments for and against reform. A poverty of relevant empirical research makes it impossible to reach a properly informed view on (...) the positive or negative impacts of implementing the proposal. However, the principled arguments: that unmarried fathers and their children are subject to discrimination, or that it is unfair for men to pay child support, yet have no automatic rights with regard to their children, are ultimately unconvincing. I also attempt a more explicitly sociological exploration of the Consultation and reform process, focusing on what it can tell us about evolving social attitudes towards the statuses of `father' and `family' and how they should be valued and protected. (shrink)

This edited volume draws upon Lacanian psychoanalytic theory to examine the conscious and unconscious forces underlying race as a social formation, conceptualizing race, racial identity, and racism in ways that go beyond traditional modes of psychoanalytic thought Featuring contributions from Lacanian scholars from diverse geographical and disciplinary contexts, chapters span a wide breadth of topics including white nationalism and contemporary debates over confederate monuments; emergent theories of race rooted in Afropessimism and postcolonialism; Latinx and other racialized groups; apartheid and American (...) slavery; and applications of Lacan's concepts of the lamella, drive and sexuation to processes of racialization. The collection both reorients readers' understandings of race through its deployment of Lacanian theory and redefines the Lacanian subject through its theorizing of subjectivity in relation to race, racism and racial identification. Lacan and Race will be a definitive text for psychoanalytic theorists and contemporary scholars of race and appeal to readers across the fields of psychology, cultural studies, humanities, politics, and sociology. (shrink)

This book examines Aristotle's metaphysics and his account of nature, stressing the ways in which his desire to explain observed natural processes shaped his philosophical thought. It departs radically from a tradition of interpretation, in which Aristotle is understood to have approached problems with a set of abstract principles in hand, principles derived from critical reflection on the views of his predecessors. A central example of the book interprets Aristotle's essentialism as deriving from an examination of the kinds of unity (...) that various sorts of things have: elemental motion, alteration, transformation and the growth of organisms. An important conclusion of this argument is that an essence may, under certain circumstances, lack some of its essential attributes. This is a major re-evaluation of Aristotle's metaphysics that will interest philosophers, classicists and historians of science. (shrink)

This paper offers an account of ideology in terms of social meanings. Such meanings - constituting a cultural technē - are public, conflicting, and fragmented; yet because they guide our practices, they frame our agency and identities. A cultural technē is ideological when it perpetuates unjust subordination; ideology critique offers liberating alternatives.

Its power to illuminate the text..., its ecumenicity of inspiration, its methodological rigor, its originality, and its philosophical profundity—all together make it one of the few philosophical interpretations that the philosopher will ...

The Great Divide in metaphysical debates about laws of nature is between Humeans, who think that laws merely describe the distribution of matter, and non-Humeans, who think that laws govern it. The metaphysics can place demands on the proper formulations of physical theories. It is sometimes assumed that the governing view requires a fundamental / intrinsic direction of time: to govern, laws must be dynamical, producing later states of the world from earlier ones, in accord with the fundamental direction of (...) time in the universe. In this paper, we propose a minimal primitivism about laws of nature (MinP) according to which there is no such requirement. On our view, laws govern by constraining the physical possibilities. Our view captures the essence of the governing view without taking on extraneous commitments about the direction of time or dynamic production. Moreover, as a version of primitivism, our view requires no reduction / analysis of laws in terms of universals, powers, or dispositions. Our view accommodates several potential candidates for fundamental laws, including the principle of least action, the Past Hypothesis, the Einstein equation of general relativity, and even controversial examples found in the Wheeler-Feynman theory of electrodynamics and retrocausal theories of quantum mechanics. By understanding governing as constraining, non-Humeans who accept MinP have the same freedom to contemplate a wide variety of candidate fundamental laws as Humeans do. (shrink)

This latest philosophical text by John Sallis is inspired by the work of contemporary Chinese painter Cao Jun. It carries out a series of philosophical reflections on nature, art, and music by taking up Cao Jun's art and thought, with a focus on questions of the elemental. Sallis's reflections are not a matter of simply relating art works to philosophical thought, as theoretical insights and developments run throughout Cao Jun's writings and inform many of his artistic works. Sallis maintains abundant (...) points of contact with Chinese philosophical traditions but also with Western philosophy. In these reflections on art, Sallis poses a critique of mimesis and considers the relation of painting to music. He affirms his conviction that the artist must always turn to nature, especially as reflections on the earth and sky delimit the scale and place of what is human. Full-color illustrations enhance this provocative and penetrating text. (shrink)

For centuries, philosophers have debated the question of free will. Do we make our own choices? Or are we more like rudderless ships drifting on the ocean, buffeted by winds and currents outside ourselves? In TK, research psychologist Ken Sheldon reveals that the way we answer these questions has serious implications for our wellbeing. We may never know for certain whether free will exists, Sheldon argues, but recent studies have found that believing in free will matters-indeed, it's an (...) essential component of psychological health. Freely Determined offers an argument for embracing our capacity to choose our own destiny, and a guide for how we might recognize our freedom and use it wisely. Drawing on his own groundbreaking work on motivation, as well as recent research in personality science and social psychology, Sheldon shows us that far from being in the thrall of animal urges and unconscious biases, we humans are constantly making conscious choices: whether to eat the nachos or the salad, whether to shoot the basketball or pass it to a teammate, whether to take that job or marry that person or write that novella. Indeed, over decades of research, Sheldon has established that seeing ourselves as change-makers in our own lives, and in the world, helps us feel happier and even behave more ethically. By identifying and pursuing our deepest values, he argues, we can set and achieve meaningful goals, ones that will help us and our communities flourish. Offering readers insight into how they can live a more self-directed, satisfying life, Freely Determined demystifies the science of choice and reveals that we are radically free to live with greater purpose. (shrink)

Lessons in the study of habits by Walter L. Sheldon. This book is a reproduction of the original book published in 1903 and may have some imperfections such as marks or hand-written notes.

Within this important and insightful book, Sally Swartz introduces readers to early entanglements of psychoanalytic theory with colonialism, and how it has led to significant and long-lasting implications for psychoanalysis.

Time and History in Hegelian Thought and Spirit examines a conspicuous feature of Hegel's major works: that they are progressive narratives. They advance from less to more perfect, abstract to concrete, indeterminate or empty to determinate. This is true, argues the author, of his lectures on aesthetics and on the history of philosophy, and it is also true of his most abstract work, the Science of Logic. In answer to the question of why is it so important for Hegel to (...) structure his various philosophical works as developmental narratives, this book defends the thesis that Hegel's motivation is in part metaphysical, intending his developmental accounts to reveal something significant about who we are as thinking, willing natures. He undertakes his study of past in order to demonstrate that there have been advances in the nature of human thought or reason itself and in our resulting freedom and his concern with our reason's development conveys his interest in how human reason is anchored in and shaped by its past. Ultimately, this book specifies the extent to which we can accurately attribute to Hegel the view that human reason and the freedom it affords us are indebted for their nature to this temporal order of nature and history. (shrink)

Political Theory as a Vocation -- Transgression, Equality, and Voice -- Norm and Form : The Constitutionalizing of Democracy -- Fugitive Democracy -- Hobbes and the Epic Tradition of Political Theory -- Hobbes and the Culture of Despotism -- On Reading Marx Politically -- Max Weber : Legitimation, Method, and the Politics of Theory -- Reason in Exile : Critical Theory and Technological Society -- Hannah Arendt: Democracy and the Political -- Hannah Arendt and the Ordinance of Time -- The (...) Liberal/Democratic Divide : On Rawls's Political Liberalism -- On the Theory and Practice of Power -- Democracy in the Discourse of Postmodernism -- Postmodern Politics and the Absence of Myth -- The Destructive Sixties and Postmodern Conservatism -- From Progress to Modernization : The Conservative Turn -- Editorial -- What Revolutionary Action Means Today -- The People's Two Bodies -- The New Public Philosophy -- Democracy, Difference, and Re-Cognition -- Constitutional Order, Revolutionary Violence and Modern Power -- Agitated Times. (shrink)

Sally Sedgwick presents a fresh account of Hegel's critique of Kant's theoretical philosophy. She argues that Hegel offers a compelling critique of and alternative to the conception of cognition that Kant defended in his 'Critical' period, and explores Hegel's claim to derive from Kantian doctrines clues to a superior form of idealism.

The United Network for Organ Sharing (UNOS) waiting list was designed as a just and equitable system through which the limited number of organs is allocated to the millions of Americans in need of a transplant. People have trusted the system because of the belief that everyone on the list has an equal opportunity to receive an organ and also that allocation is blind to matters of financial standing, celebrity or political power. Recent events have revealed that certain practices and (...) policies have the potential to be exploited. The policies addressed in this paper enable those on the list with the proper resources to gain an advantage over other less fortunate members, creating a system that benefits not the individual most in medical need, but the one with the best resources. These policies are not only unethical but threaten the balance and success of the entire UNOS system. This paper proposes one possible solution, which seeks to balance the concepts of justice and utility. (shrink)

This book is a story about promoting systemic change of SEL in the mindset and capabilities of staff, in the structure of the district, and in the vision, mission, and policies that guide the district.

Contemporary African American and Black British Women Writers: Narrative, Race, Ethics brings together British and American scholars to explore how, in texts by contemporary black women writers in the U. S. and Britain, formal narrative techniques express new understandings of race or stimulate ethical thinking about race in a reader. Taken together, the essays also demonstrate that black women writers from both sides of the Atlantic borrow formal structures and literary techniques from one another to describe the workings of structural (...) racism in the daily lives of black subjects and to provoke readers to think anew about race. Narratology has only recently begun to use race as a category of narrative theory. This collection seeks both to show the ethical effects of narrative form on individual readers and to foster reconceptualizations of narrative theory that account for the workings of race within literature and culture. (shrink)

Voices -- Gathering language -- The play of translation -- Things of sense -- Archaic nature -- Alterity and the elemental -- Objectivity and the reach of Enchorial space -- The scope of visibility -- Cosmic time -- The negativity of time-space.

In this collection of previously published essays, Sally Haslanger draws on insights from feminist and critical race theory and on the resources of contemporary analytic philosophy to develop the idea that gender and race are positions ...

Beginning with the assertion that earth is the elemental place that grants an abode to humans and to other living things, in Senses of Landscape the philosopher John Sallis turns to landscapes, and in particular to their representation in painting, to present a powerful synthetic work. Senses of Landscape proffers three kinds of analyses, which, though distinct, continually intersect in the course of the book. The first consists of extended analyses of distinctive landscapes from four exemplary painters, Paul Cezanne, Caspar (...) David Friedrich, Paul Klee, and Guo Xi. Sallis then turns to these artists’ own writings—treatises, essays, and letters—about art in general and landscape painting in particular, and he sets them into a philosophical context. The third kind of analysis draws both on Sallis’s theoretical writings and on the canonical texts in the philosophy of art (Kant, Schelling, Hegel, and Heidegger). These analyses present for a wide audience a profound sense of landscape and of the earthly abode of the human. (shrink)

The return of nature -- The birth of nature -- Return to nature -- Return from the nature beyond nature -- The elemental turn -- The cosmological turn -- Coming as if from nowhere -- The plurality of nature and the disintegration of difference.

This chapter contains sections titled: 1 2 3 4 5.

In this paper, I argue that Simone de Beauvoir’s discussion of festivals appropriates Jean-Jacques Rousseau’s own account of the festival and its place in understanding freedom. I begin with a brief summary of Rousseau’s conflicting accounts of the festival from his Discourse on the Origin of Inequality Among Mankind and the Letter to M. D’Alembert. The contrast of these two texts reveals Rousseau’s conception of freedom as circumscribed by the community. Although Rousseau has an idealized virtuous community in mind, the (...) central insight regarding a community’s involvement in the development of freedom is nevertheless echoed in Beauvoir’s description of the festival in the Ethics of Ambiguity. I explore some of the implications of reading Beauvoir’s account of freedom and the festival as influenced by Rousseau and suggest how doing so impacts our understanding of Beauvoirian politics. (shrink)

This volume of the collected writings of John Sallis presents a two-semester lecture course on Maurice Merleau-Ponty given at Duquesne University from 1970 to 1971. Devoted primarily to a close reading of the French philosopher's magnum opus, Phenomenology of Perception, the course begins with a detailed analysis of The Structure of Behavior. The central topics considered in the lectures include the functions of the phenomenological body; beyond realism and idealism; the structures of the lived world; spatiality, temporality, language, sexuality; and (...) perception and knowledge. Sallis illuminates Merleau-Ponty's first two works and offers a thread to follow through developments in his later essays. Merleau-Ponty's notion of the primacy of perception and his claim that "the end of a philosophy is the account of its beginning" are woven throughout the lectures. For Sallis's part, these lectures are foundational for his extended engagement with Merleau-Ponty's The Visible and the Invisible, which was published in Sallis's Phenomenology and the Return to Beginnings. (shrink)