This article discusses three main orientations in recent works of legal and political theory about the family-contract-based, community-based, and rights-based-and argues that none of these takes adequate account of two paradoxical features of family life and of the family's relationship to the state. A coherent political and legal theory of the family in the contemporary United States requires recognition of the relational rights and responsibilities intrinsic to family life.

ExcerptThe reasons why individual nations and even individual people subscribe to notions of human rights vary enormously. Rationales range from idealism to realpolitik and sound in competing registers of theology, social contract, nature, utility, and game theory.1 Pervasive in discussions of human rights is the dignity of each person as both a reality and a normative guide. Capacious and ambiguous, this notion of dignity may invite agreement precisely because different people project different meanings onto it. Its recognition, though, can inspire (...) attitudes of respect and civility even when we disagree. Dignity thus serves less as a foundation and more as a lodestar, an aspiration. Justice Thurgood Marshall once explained, “A child born to a [B]lack mother in a state like Mississippi… has exactly the same rights as a white baby born to the wealthiest person in the United States. It’s not true, but I challenge anyone to say it is not a goal worth working for.”2. (shrink)

Il est constamment fait appel, dans le discours juridique et politique contemporains, à la notion de droits en France, aux Etats-Unis et en beaucoup d'autres lieux. Pourquoi? Comment faire sens de ces usages? Quel rôle exact cette notion joue-t-elle dans le fonctionnement réel du droit positif et comment aide-t-elle à l'analyser? Martha Minow et Robert M. Cover, dans les deux textes traduits dans cet ouvrage, invitent à reprendre la réflexion sur ces sujets.

Should people make demands for justice relating to events occurring in the past, even the distant past? What does and what should happen when they do? These questions frame the problems of historical justice that became especially palpable during the twentieth and early twenty‐first centuries and contributed to innovations in the design and use of tribunals, truth commissions and reparations initiatives. These responses to calls for historical justice deal with objections and difficulties in their own ways. Objections to such innovations (...) include charges that they depart too radically from established legal forms, that they reopen old wounds, that they inevitably rely on stale and partial evidence, that their costs are excessive or divert resources from more pressing needs, and that they do little to prevent future atrocities or to heal social rifts. (shrink)

Book reviewed in this article: Justice, Gender, and the Family. By Susan Moller Okin. Making All the Difference. By Martha Minow.

In this timely, provocative volume, essayists including Susan Moller Okin, Catherine A. MacKinnon, Cass Sunstein, Martha Minow, William Galston, and Sara McLanahan argue positions on sexuality, on the family, and on the proper role of law in these areas.

My purpose in this paper is to enquire into whether law can forgive. This line of inquiry must be distinguished from other possible avenues of investigation into the relation between law and forgiv...

A revolutionary new theory and call to action on animal rights, ethics, and law from the renowned philosopher Martha C. Nussbaum.

In this critique, Martha Nussbaum argues that our dominant theories of development have given us policies that ignore our most basic human needs for dignity and self-respect.

Virtue ethics is standardly taught and discussed as a distinctive approach to the major questions of ethics, a third major position alongside Utilitarian and Kantian ethics. I argue that this taxonomy is a confusion. Both Utilitarianism and Kantianism contain treatments of virtue, so virtue ethics cannot possibly be a separate approach contrasted with those approaches. There are, to be sure, quite a few contemporary philosophical writers about virtue who are neither Utilitarians nor Kantians; many of these find inspiration in ancient (...) Greek theories of virtue. But even here there is little unity. Although certain concerns do unite this disparate group (a concern for the role of motives and passions in good choice, a concern for character, and a concern for the whole course of an agent''s life), there are equally profound disagreements, especially concerning the role that reason should play in ethics. One group of modern virtue-theorists, I argue, are primarily anti-Utilitarians, concerned with the plurality of value and the susceptibility of passions to social cultivation. These theorists want to enlarge the place of reason in ethics. They hold that reason can deliberate about ends as well as means, and that reason can modify the passions themselves. Another group of virtue theorists are primarily anti-Kantians. They believe that reason plays too dominant a role in most philosophical accounts of ethics, and that a larger place should be given to sentiments and passions -- which they typically construe in a less reason-based way than does the first group. The paper investigates these differences, concluding that it is not helpful to speak of virtue ethics, and that we would be better off characterizing the substantive views of each thinker -- and then figuring out what we ourselves want to say. (shrink)

The ethics of Aristotle , and virtue ethics in general, have enjoyed a resurgence of interest over the past few decades. Aristotelian themes, with such issues as the importance of friendship and emotions in a good life, the role of moral perception in wise choice, the nature of happiness and its constitution, moral education and habituation, are finding an important place in contemporary moral debates. Taken together, the essays in this volume provide a close analysis of central arguments in Aristotle's (...) Nicomachean Ethics and show the enduring interest of the questions Aristotle raises. (shrink)

What drives us to do good things, and to avoid doing bad? This book offers an integrative examination of the role of motivation in shaping moral cognition, judgement, and behavior.

Martha Albertson Fineman's earlier work developed a theory of inevitable and derivative dependencies as a way of problematizing the core assumptions underlying the 'autonomous' subject of liberal law and politics in the context of US equality discourse. Her 'vulnerability thesis' represents the evolution of that earlier work and situates human vulnerability as a critical heuristic for exploring alternative legal and political foundations. This book draws together major British and American scholars who present different perspectives on the concept of vulnerability (...) and Fineman's 'vulnerability thesis'. The contributors include scholars who have thought about vulnerability in different ways and contexts prior to encountering Fineman's work, as well as those for whom Fineman's work provided an introduction to thinking through a vulnerability lens. This collection demonstrates the broad and intellectually exciting potential of vulnerability as a theoretical foundation for legal and political engagements with a range of urgent contemporary challenges. Exploring ways in which vulnerability might provide a new ethical foundation for law and politics, the book will be of interest to the general reader, as well as academics and students in fields such as jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics. (shrink)

This chapter contains section titled: A Home for Love and Violence Capabilities: Each Family Member as End The Family: Not “by Nature” Political Liberalism and the Family: Rawls's Dilemma Love, Dignity, and Community.

In the contemporary world, voices are caught up in fundamentally different realms of discourse, practice, and culture: between sounding and nonsounding, material and nonmaterial, literal and metaphorical. In The Voice as Something More, Martha Feldman and Judith T. Zeitlin tackle these paradoxes with a bold and rigorous collection of essays that look at voice as both object of desire and material object. Using Mladen Dolar’s influential A Voice and Nothing More as a reference point, The Voice as Something More (...) reorients Dolar’s psychoanalytic analysis around the material dimensions of voices—their physicality and timbre, the fleshiness of their mechanisms, the veils that hide them, and the devices that enhance and distort them. Throughout, the essays put the body back in voice. Ending with a new essay by Dolar that offers reflections on these vocal aesthetics and paradoxes, this authoritative, multidisciplinary collection, ranging from Europe and the Americas to East Asia, from classics and music to film and literature, will serve as an essential entry point for scholars and students who are thinking toward materiality. (shrink)

This book is a study of ancient views about "moral luck." It examines the fundamental ethical problem that many of the valued constituents of a well-lived life are vulnerable to factors outside a person's control, and asks how this affects our appraisal of persons and their lives. The Greeks made a profound contribution to these questions, yet neither the problems nor the Greek views of them have received the attention they deserve. This updated edition contains a new preface.

What is a philosophy of education ? -- Using a worldview approach to develop one's philosophy of education -- Defining education -- Determining the aim or "end" of education -- Nature of the pupil and learning -- Commonalities : special creation and moral nature -- Commonalities : actional and developmental nature -- Implications : the actional nature -- Human differences -- The role of the teacher -- The nature of the curriculum -- The purpose of the curriculum -- Worldview integration (...) in the design of the curreculum -- Conclusion -- Appendices : Summary of some of the philosophies of education held in the 21st century ; Developing the integrating core model. (shrink)

Visual Agnosia is a comprehensive and up-to-date review of disorders of higher vision that relates these disorders to current conceptions of higher vision from cognitive science, illuminating both the neuropsychological disorders and the nature of normal visual object recognition.Brain damage can lead to selective problems with visual perception, including visual agnosia the inability to recognize objects even though elementary visual functions remain unimpaired. Such disorders are relatively rare, yet they provide a window onto how the normal brain might accomplish the (...) complex task of vision. Visual Agnosia reviews a century of case studies of higher-level visual deficits following brain damage, places them in the general context of current neuroscience, and draws relevant conclusions about the organization of normal visual processing. It is unique in drawing on research in cognitive psychology, computational vision, visual neurophysiology, and neuropsychology to interpret the agnosias and draw inferences from them about visual object recognition.Following a historical account of agnosia research, Visual Agnosia offers a taxonomy of a wide range of agnosia syndromes, describing and interpreting the syndromes in terms of the latest theoretical models of visual processing and ultimately bringing them to bear as evidence on a variety of questions in the study of higher vision.Martha J. Farah is Associate Professor of Psychology at Carnegie Mellon University. Visual Agnosia is included in the Issues in Biology of Language and Cognition series, edited by John Marshall. (shrink)

The biology of early life adversity explores how social experiences early in life affect physical and psychological health and well-being throughout the life course. In our previous work, we argued that narratives emerging from and about this research field tend to focus on harm and lasting damage with little discussion of reversibility and resilience. However, as the Science and Technology Studies literature has demonstrated, scientific research can be actively taken up and transformed as it moves through social worlds. Drawing on (...) fieldwork with actors in education and juvenile corrections in the US Pacific Northwest, we found that they employed the biology of early life adversity not only to promote prevention but also to argue for changes within their own institutions that would allow them to better serve children and youth who have experienced adversity and trauma. Our study shows that biosocial narratives are neither inherently liberatory nor inherently oppressive but that the situated narrative choreographies in which they are enrolled are essential for their political effects. In our case, we show how these biosocial narratives have been articulated with knowledge and practices from restorative justice and trauma-informed care to reimagine the social meaning of the biology of early life adversity. (shrink)

Applying the insights of Donna Haraway (1989, 1991) and Helen Longino (1989, 1990), this paper reviews Sandra Harding's (1986a) tripartite model of feminist critiques of science-empiricist, standpoint, and postmodern-and argues that it is based on misunderstandings of the relationship between scientific inquiry, objectivity, and values. An alternative view of scientific inquiry makes it possible to see feminist scientists as postmodern and postmodern feminists as having standpoints.

Available for the first time in paperback, this volume contains text with translation of De Motu Animalium, Aristotle's attempt to lay the groundwork for a general theory of the explanation of animal activity, along with commentary and interpretive essays on the work.

Shepherd propounds a theory of mind with a fair claim to be better than Hume’s at explaining the sources of commonly held human beliefs about causal necessity due largely to her relational theory of sense perception. In comparison with Hume’s account, it incorporates a more sophisticated treatment of mental representation, especially the role of relational structure and logical form. Most important, perhaps, Shepherd’s theory enforces the division, obscured by Hume, between the evidence of necessity and the metaphysical foundation of necessity.

During the 1970s and 1980s, legal precedent, governmental recommendations, and professional society guidelines drove the formation of hospital ethics committees (HECs). The Joint Commission on Accreditation of Health Care Organization’s requirements in the early 1990s solidified the role of HECs as the primary mechanism to address ethical issues in patient care. Because external factors drove the rapid growth of HECs on an institution-byinstitution basis, however, no initial consensus formed around the structure and function of these committees. There are now almost (...) 40 years of empirical studies on the composition, administration, and activities of HECs in the United States. We conducted a systematic review of the available empirical literature on HECs to describe their evolution. As HECs changed over time, they increased their total number of members and percentage of members from nursing and the community. Although physicians increasingly chaired these committees, their presence as a percentage of overall members declined. The percentage of administrative members remained steady, although committees became increasingly likely to have at least one administrative member. HECs were also increasingly likely to report to an administrative body or to the board of trustees or directors rather than to the medical staff. Finally, consultation volume increased steadily over time. There has not, however, been a national survey of the composition of ethics committees, their administration, or volume of consultation in more than 10 years, despite increasing calls for professional standards and quality improvement assessments among HECs. (shrink)