This paper examines judge Richard A. Posner’s “The Concept of Corrective Justice in Recent Theories of Tort Law,” as well as arestatement of that position in The Problems of Jurisprudence, and argues that Judge Posner has mistakenly claimed Aristotle’s notion of corrective justice as a significant component of the economic theory of law.

This article examines the various pedagogic models suggested by widely used texts and finds them to be predominately rule-based or rule directed. These approaches to the subject matter of business ethics are quite valuable ones, but we find them to leave no room for the study of the virtues. We intend to articulate our reasons for supporting a central if not exclusive role for virtue ethics.

Humanism and Its Aftermath argues for a more engaged deconstruction, one that grapples with actual social institutions and practices while not compromising in its articulation of the difficulties of Jacques Derrida's texts. Against more aestheticized versions of deconstructive politics, Martin argues for a fundamental relation of theory to practice. Using more revolutionary and unorthodox theories and practices of Marxism as a standard for engaged theory, Martin asks if radical deconstruction can develop a sense of urgency without falling into (...) the reductivism and narrowly interest-oriented utilitarianism of more orthodox forms of Marxism. The book develops significant encounters with the work of Susan Bordo, Jean-Luc Nancy, Alex Callinicos, as well as Bataille, Blanchot, Foucault, Habermas, and Rorty. But the larger aim of the book is to reground the politics of anti-imperialism and internationalism in a post-Eurocentric frame. Bill Martin's work is a most extended engagement on deconstruction and social theory; it will therefore be of interest to social theorists and others interested in the ethical and political implications of the work of Jacques Derrida. While scholars and theorists in academia will find this an important work, the book also aims to make sense of the politics of deconstruction for those outside of the academy. (shrink)

In Rogues, Jacques Derrida once again examines some central concepts in political theory and ethics, in the context of the post-9/11world and the present American drive to reforge global hegemony. The book is important not only for what it says about the concepts of sovereignty, unconditionality, law, and justice, but also for engaging in an extended way with the thought of Plato, Aristotle, and especially Kant. Bill Martin argues that Derrida’s thought is vitally significant for radical politics. He (...) compares Rogues, as (arguably) Derrida’s last major work (to appear before his passing in October 2004) with Sartre’s last book, Hope Now. Lastly, Martin memorializes Derrida, whom he knew as teacher and friend, as “a kind and generous man who stood for many good things,” and hereflects on the philosophical trajectory that extends from Sartre to Derrida. (shrink)

BILL MARTIN replies to Sciabarra's essay on Rand, Rush, and progressive rock with critical reflections from a Marxist perspective. Focusing on the film version of The Fountainhead, which shares much in common with film noir and Socialist Realism, Martin rejects as reification Rand's emphasis on property as the defining feature of human life. Her dismissal of rock music has overtones of racism and Eurocentrism. The rock band Rush may have drawn inspiration from Howard Roark, but two other (...) real-life role models would have been better suited: Ludwig van Beethoven and Frank Lloyd Wright. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Notes and Fragments TO THE UGHTHOUSE AND THE FEMINIST PATH TO POSTMODERNITY by Bill Martin Postmodernity is in part the existence of an unprecedented space for feminism. Already in this formulation, however, we encounter two major terms that require explication. I will argue in this essay that Virginia Woolf's To the Lighthouse provides the basis for productively understanding postmodernism and feminism in relation to each other.1 The (...) question of placing feminism temporally has of course been raised before; I will simply mention two occasions. In Sexual/Textual Politics, Toril Moi argues for a kind of natural affinity of feminism with literary modernism's implicit critique of notions of the unified self.2 Here the comparison of Woolf with Joyce is appropriate. Moi moves from this perceived affinity toward the notion of écriturefeminine. Practitioners of the latter have been much more interested in Joyce than Woolf. Joyce, especially in Finnegans Wake, thoroughly shatters the self, reaching the highest expression of modernism. Woolf does something different. In To tL· Lighthouse, she not only decenters the subject, she also reconstitutes the subject. If Woolf had only reinstated the subject, as a matter of simply returning to the previous paradigm, then obviously her writing would have to be considered anachronistic. Though the affinity posited by Moi is real and useful (if made problematic by what seem to be real affinities that also exist between modernism and misogyny ), the force of another affinity can also be felt: in her deconstruction /reconstitution, Woolf achieves a writing that is both postmodern and feminist. The both/and relation here is itself a cultural creation, 307 308PHrLOSOPHY and Literature however, which points to the elective affinity involved in joining a particular politics with a particular artistic practice. The question is whether a political argument that does not avoid questions of artistic integrity can be marshaled to the task of showing that the affinity of feminism and postmodernism is more viable in the contemporary context than the affinity posited by Moi.3 Elaine Showalter, in her formulation of "women's time," raises the possibility ofanother kind of temporalized feminism. In "Feminist Criticism in the Wilderness," Showalter pursues the idea that there might be a time and space which women occupy without their location being known or knowable to men, and perhaps without women fully knowing it themselves.4 In short, this "time" is conditional and predicated upon a possible future in which people will remember and be more fully aware of their spatial/temporal context. I would propose that this same conditional and uncertain sense of time applies to postmodernism. For the very terms "postmodernism" and "postmodernity" connote a transitional period in which it is not certain how elements which are for the time being in flux will ultimately setde down and congeal. The "aftereffect of the "post" in postmodernity will be truly understood only in the longer run, if even then. Showalter takes it that there is a sense in which "women's time," the "Age of Feminism," is occurring right now, but in a concealed way. Again, something like this may be said of postmodernism. In either case there is the sense of creating artifacts for a future which may or may not exist. There is also the sense of permanent postponement or deferral which is integral to the very notion of "possibility." Add to these references the by now familiar postmodern and feminist criticisms of grand narratives that crush difference, and I think we are in possession of a set of basic issues common to both feminism and postmodernism: the nature of the self and its possible recreation, the question of periodization and our "time," problems of difference and questions of doing something different (in the latter case feminism is much more explicit about doing something different that is also emancipatory, though some forms ofpostmodernism stress this as well). Given these common concerns I simply want to set the new affinity as follows: postmodernism is a social and cultural atmosphere in which feminism and other emancipatory trends might flourish. In this context, To tL· Lighthouse is a trailblazing feminist-postmodern artifact. The project here is not to generate or force a postmodern reading (any more... (shrink)

A Zen Maoist koan: Bill is developing a crazy synthesis that brings together Buddhism, Maoism, and French Marxism, especially Badiou. Running through all three are themes concerning emptiness, letting go, and contingency. On the other hand, when Bill's mind runs toward just making up stuff that seems funny to him, it is hard for him to stop. This “essay” is a meeting point between these two activities, and at some point in the underdetermined, contingent future there will have (...) to be expansion upon these themes and “examples” – “Joke Ideas,” as Bill calls them – and some serious analysis of what we have learned in this experiment. Best read with John Cage playing in the background – and we don’t mean 4′33″. That would be silly. (shrink)

Martin replies to Sciabarra's essay on Rand, Rush, and progressive rock with critical reflections from a Marxist perspective. Focusing on the film version of The Fountainhead, which shares much in common with film noir and Socialist Realism, Martin rejects as reification Rand's emphasis on property as the defining feature of human life. Her dismissal of rock music has overtones of racism and Eurocentrism. The rock band Rush may have drawn inspiration from Howard Roark, but two other real-life role (...) models would have been better suited: Ludwig van Beethoven and Frank Lloyd Wright. (shrink)

In this original, yet highly accessible work, Martin aims to recover the radicality of Sartre's political project by examining his political interventions, including the debate concerning the Soviet Union during the Stalin period, the question of electoral politics during May 1968 and its aftermath. Looking closely at a number of Sartre's texts, including 'Materialism and Revolution,' 'The Critique of Dialectical Reason,' 'What is Literature,' and journalistic works and interviews, Martin seeks to reveal Sartre's continuing contribution to philosophy in (...) the wake of postmodern, post-socialist and poststructuralist movements. (shrink)

What if a tree told a joke in the woods and there was no one there to hear it? Occasionally I watch The Ellen DeGeneres Show. I have appreciated Ellen as a comedian since she first came on the public scene, and one part of her talk show that I enjoy is the dancing in the opening segment, where Ellen dances to music played by a DJ, and she goes up into the audience and the overwhelmingly female audience dances with (...) her. I like to dance and I enjoy watching other people dance, but the Ellen dance segment also holds a special fascination for me, as there is a style of dancing I have observed over the last twenty-five years or so, a style that might as well be called “lesbian,” and which, if you don’t .. (shrink)

In what directions is the Australian `new' middle class developing as we move towards the `Asia-Pacific century'? This paper reviews the basic structural features of the group during most of the 20th century, and suggests that a number of the arrangements which had delivered high status, material privileges and security to the group are becoming increasingly problematic. It examines evidence of the growing importance of Asian opportunities to the Australian middle class, and indications of responses to these. Interpreted in the (...) context of contemporary accounts of transformations in identity formation processes, this evidence may signal the emergence of a significant new stratum within the Australian middle class. The paper concludes with some speculations about the significance of such a development. (shrink)

Prior to any research data collection a proposal outlining methods and protocols is required to undergo ethical scrutiny. The issues surrounding a research ethics review process within sport and exercise science departments are not dissimilar to other subject areas. In particular, the ethical review process may be unclear to the researcher and can either present a difficult and time-consuming challenge or be merely perceived as a tick-box exercise. The aim of this study was to explore and compare research ethics processes (...) and decisions within sport and exercise science departments and institutions across the UK. Participants were asked to provide decisions and justification of those decisions on ten typical sports and exercise science proposals. Results found that all respondents cited evidence of informed consent and subject information sheets, detailed methodology and data protection procedures as highly important across all scenarios. Additionally it was found that similar processes occur regarding research ethical scrutiny and similar decisions are made at the departmental level. However, confidence fluctuates for individuals when reviewing in non-specialist subject areas and qualitative data collected calls for more research ethics training. (shrink)

Matrix and line develops a social theory using the work of Jacques Derrida as its philosophical basis. In particular, notions of differance, writing, textuality, margin, dissemination, gramme, and others are integrated into the project of formulating a new language of politics. At the same time, the study is focused on the politics in/of language. ;The question of language is at the heart of this study. In the central chapter I argue that, although Habermas is correct to orient social theory toward (...) language, his approach to language is, in my view, not correct. In formulating the alternative, Heidegger, and from analytic philosophy, Donald Davidson, are important contributors in addition to Derrida. ;There are a number of other important engagements in the dissertation, most prominently with Marxist thinkers. However, the study remains focused on what can be developed within the Derridean framework, instead of developing a general response to Marxism. ;The theory addresses postmodern society and culture and is, in that sense, "postmodern." However, postmodernity is theorized as an historical impasse, in which the link between history and memory is severed. Memory is progressively devalued and destroyed. This devaluation is the result of a secularism at the end of its tether. A writerly, participatory approach to society becomes nearly impossible in this context. The notion of "postsecularism" is counterposed to this postmodern hyper-secularism. The prime concern is to develop a new sense of community, one that textually recovers some of the presecular community values , and some of the key achievements of the Enlightenment, and some of the new possibilities that have been generated by the crisis of modernity. (shrink)

Review of J. Fisher Solomon's "Discourse and Reference in the Nuclear Age"; Diane P. Michefelder's "Dialogue and Deconstruction: The Gadamer-Derrida Encounter"; Rodolphe Gasche's "The Tain of the Mirror: Derrida and the Philosophy of Reflection"; Michael H. McCarthy's "The Crisis in Philosophy"; Amy Gutman and Dennis Thompson's "Ethics and Politics: Cases and Comments".

From the pencil to the puppet to the drone—the humanities and the social sciences continue to ride a wave of interest in material culture and the world of things. How should we understand the force and figure of that wave as it shapes different disciplines? Other Things explores this question by considering a wide assortment of objects—from beach glass to cell phones, sneakers to skyscrapers—that have fascinated a range of writers and artists, including Virginia Woolf, Man Ray, Spike Lee, and (...) Don DeLillo. The book ranges across the literary, visual, and plastic arts to depict the curious lives of things. Beginning with Achilles’s Shield, then tracking the object/thing distinction as it appears in the work of Martin Heidegger and Jacques Lacan, Bill Brown ultimately focuses on the thingness disclosed by specific literary and artistic works. Combining history and literature, criticism and theory, Other Things provides a new way of understanding the inanimate object world and the place of the human within it, encouraging us to think anew about what we mean by materiality itself. (shrink)