In this article, we argue that feminist legal scholars should engage directly and explicitly with the question of evil. Part I summarises key facts surrounding the prosecution and life-long imprisonment of Myra Hindley, one of a tiny number of women involved in multiple killings of children in recent British history. Part II reviews a range of commentaries on Hindley, noting in particular the repeated use of two narratives: the first of these insists that Hindley is an icon of female evil; (...) the second, less popular one, seeks to position her as a victim. In Part III, the article broadens out and we explain why we think feminist legal scholars should look at the question of evil. In large part, the emphasis is on anticipating the range of possible objections to this argument, and on trying to answer these objections by showing how a focus on evil might benefit feminist legal thinking – specifically in relation to the categories of perpetrator and victim and, more generally, in relation to laws motivated by a desire to secure women’s human rights. (shrink)

This article engages with the vogue for predicting the effects of the Human Rights Act 1998 by focusing on the rape prosecution and trial. The specific interest is feminist scrutiny of the right to a fair trial, particularly the concept of ‘fairness’, in light of the increasing use of disclosure rules (in Canada and England) to gain access to medical and counseling records. Transcending the two contemporary narratives of ‘victims’/women’s rights and defendants’ rights in the criminal justice system, the authors (...) argue for the infusion of the legal debate on disclosure with feminist understandings of wider cultural debates. They suggest that an increased reflexivity about intimacy, publicity and power, leading perhaps to the development of a concept of ‘democratic publicity’ (Fraser, 1997, p. 100), might help to revision the meaning of ‘relevant’ evidence in the rape trial. They also suggest that the wide-ranging cultural debate about memory, truth and history, and the emerging commitment to experimentation in responding to massive, institutionalised human rights violations (including apartheid, war crimes and child abuse) might be of use in deepening current thinking about the rape trial and listening to the ‘voice’ of the complainant. (shrink)

This article surveys a range of recent media storiesabout human gametes, pinning them to a series of widerpreoccupations within late modern life. Threepreoccupations are singled out: first, kinship andrelational identity; secondly, Nature andglobalisation; and finally, sexual difference andequality. Each one of these preoccupations has beencharacterised as iconic; debates about them are saidto crystallise who we are, especially ouruncertainties, and what we will be in the future. Byindexing these preoccupations to the stories abouthuman gametes, the article aims to upset both theincreasing (...) attempts to present assisted reproductiontechnologies as `familiar' (as Nature's `helpinghand', for example) and the recurringassumptions about this technology's alleged`novelty' and `anomaly'. The article concludesthat treating reproduction technologies, and theirregulation, as `familiar' risks complacency:equally, assumptions about their `novelty' narrowsthe search for effective explanatory tools andregulatory mechanisms. The upshot is that it might bebest for us to view reproductive technologies as bothless `familiar' and less `novel'. (shrink)

In this article I argue that Part II of the Family LawAct 1996 gives expression to a new form ofresponsibility. I begin by suggesting thatresponsible behaviour has shifted from prohibiting orrequiring particular actions: we now exhibitresponsibility by our attitude towards our actions. I then examine where this new conception ofresponsibility has come from. Through an examinationof the work of post-liberal theorists, principallyMichael Sandel, I argue that a changing view ofpersonhood within post-liberal theory has led to aquestioning of the possibility of (...) choice, and that theabsence of choice necessitates a shift in thedefinition of responsible behaviour. If we are createdby our decisions then we cannot be held to account forour decisions, but only for the care we have takenover them. Responsibility is therefore measured notby our level of self-control but by our level ofself-awareness. Finally I examine the consequences ofthis shift in the meaning of responsibility. Withinthis framework autonomy is illusory thereforedecisions do not need to be respected. This explainswhy the implementation of Part II of the Family LawAct 1996 has been called into question. Within thisframework responsibility is relative therefore itextends indefinitely. This enables the Family Law Actto be uniquely intrusive and judgmental: everydivorcing couple, on being held up to scrutiny, isfound lacking. (shrink)

This chapter offers a general outline of Schopenhauer’s peculiarly named concept of the 'acquired character’ and explains its basic function in his ethical thought. For Schopenhauer, a person of acquired character is someone who knows the ways of acting (Handlungsweise) that are most expressive of their individuality and who allows that self-knowledge to structure their practical and emotional life. In keeping with certain elements of his psychological determinism, acquired character is not the acquisition of a ‘new’ character; rather, it is (...) the acquisition of self-knowledge of one’s essentially fixed empirical character. It is part of the argument of this chapter that by introducing the acquired character into his reflections on human action and agency Schopenhauer weaves a certain view of individual flourishing (eudaimonia) into his ethics. There are two central ingredients of Schopenhauer’s conception of eudaimonia, and both are linked to the acquired character. The first is self-knowledge; the second is a sense of personal autonomy that follows in the wake of the first. The chapter ends with a brief attempt to connect Schopenhauer’s concept of acquired character to contemporary debates in ethics concerning autonomy, practical identity, and what some call the ‘normative significance of self’. (shrink)

This volume is an introduction to both newer and more established ideas in the growing field of critical phenomenology from a number of disciplinary perspectives.

Over the past forty years, the health humanities, previously called the medical humanities, has emerged as one of the most exciting fields for interdisciplinary scholarship, advancing humanistic inquiry into bioethics, human rights, health care, and the uses of technology. It has also helped inspire medical practitioners to engage in deeper reflection about the human elements of their practice. In _Health Humanities Reader_, editors Therese Jones, Delese Wear, and Lester D. Friedman have assembled fifty-four leading scholars, educators, artists, and clinicians (...) to survey the rich body of work that has already emerged from the field—and to imagine fresh approaches to the health humanities in these original essays. The collection’s contributors reflect the extraordinary diversity of the field, including scholars from the disciplines of disability studies, history, literature, nursing, religion, narrative medicine, philosophy, bioethics, medicine, and the social sciences. With warmth and humor, critical acumen and ethical insight, _Health Humanities Reader_ truly humanizes the field of medicine. Its accessible language and broad scope offers something for everyone from the experienced medical professional to a reader interested in health and illness. (shrink)

Who needs rules? -- Communities and rules -- Rules and responsibility -- Natural and positive laws -- History of law -- Systems of law -- Federal and state laws -- Criminal law -- Civil law -- Courts, lawyers, and judges -- Do laws change? -- Living with laws.

This volume identifies, discusses and addresses the wide array of ethical issues that have emerged for engineers due to the rise of a global economy. To date, there has been no systematic treatment of the particular challenges globalization poses for engineering ethics standards and education. This volume concentrates on precisely this challenge. Scholars and practitioners from diverse national and professional backgrounds discuss the ethical issues emerging from the inherent symbiotic relationship between the engineering profession and globalization. Through their discussions a (...) deeper and more complete understanding of the precise ways in which globalization impacts the formulation and justification of ethical standards in engineering as well as the curriculum and pedagogy of engineering ethics education emerges. (shrink)

The eleventh-century philosopher and physician Abu Ali ibn Sina (d. A.D. 1037) was known in the West by his Latinized name Avicenna. An analysis of the sources and evolution of Avicenna's metaphysics, this book focuses on the answers he and his predecessors gave to two fundamental pairs of questions: what is the soul and how does it cause the body; and what is God and how does He cause the world? To respond to these challenges, Avicenna invented new concepts and (...) distinctions and reinterpreted old ones. The author concludes that Avicenna's innovations are a turning point in the history of metaphysics. Avicenna's metaphysics is the culmination of a period of synthesis during which philosophers fused together a Neoplatonic project (reconciling Plato with Aristotle) with a Peripatetic project (reconciling Aristotle with himself). Avicenna also stands at the beginning of a period during which philosophers sought to integrate the Arabic version of the earlier synthesis with Islamic doctrinal theology (kalam). Avicenna's metaphysics significantly influenced European scholastic thought, but it had an even more profound impact on Islamic intellectual history--the philosophical problems and opportunities associated with the Avicennian synthesis continued to be debated up to the end of the nineteenth century. (shrink)

Three Canadian institutional animal care and use committees were observed over a 1-year period to investigate animal ethical evaluation. While each protocol was evaluated, the observer collected information about the final decision, the type of protocol, and the category of invasiveness. The observer also wrote down verbatim all verbal interventions, which were coded according to the following categories: scientific, technical, politics, human analog, reduction, refinement, and replacement. The data revealed that only 16% of the comments were devoted to the 3 (...) explicit ethical categories and that most of the comments were technical. However, the analysis revealed that ethical concerns were implicit in both scientific and technical comments; either ethical norms had been translated into scientific and technical language, or some of the scientific and technical comments had an impact on the ethical treatment of animals. The results are discussed in relation to previous nonobservational research that identified potential pitfalls and bias in animal ethical evaluation. (shrink)

_The Consulting Room and Beyond _is not a typical example of clinical writing in the field of psychoanalysis. Therese Ragen, pushing the boundaries of the genre, thoughtfully explores in a very immediate way the intersubjective nature of psychoanalysis, particularly looking at the role of the psychoanalyst’s subjectivity, both how it influences and is influenced by the psychoanalytic relationship. The profound ways in which analyst and patient affect each other are captured as the author moves from a moment with a (...) patient, to one of her own memories, to a dream, to a professional consultation and back to the session with the patient. Ragen’s detailed descriptions of her subjective experiences and clinical skill help to weave the anecdotes into a compelling narrative, worthy of the attention of theorists, academics and clinicians alike. (shrink)

This paper investigates the origins of the Oral Theory as formulated by Milman Parry in Paris during the late 1920s by reexamining the scholarship on which it rests. Parry's Oral Theory compared the texts of oral performances in Yugoslavia with the Homeric texts in order to shed light on the presumed oral origins of the latter. His work integrated the work of the linguist and Indo-Europeanist Antoine Meillet, the linguist and scholar of oral poetics Matthias Murko, and the anthropologists Lucien (...) Lévy-Bruhl and Marcel Jousse. (shrink)

This paper investigates the origins of the Oral Theory as formulated by Milman Parry in Paris during the late 1920s by reexamining the scholarship on which it rests. Parry's Oral Theory compared the texts of oral performances in Yugoslavia with the Homeric texts in order to shed light on the presumed oral origins of the latter. His work integrated the work of the linguist and Indo-Europeanist Antoine Meillet, the linguist and scholar of oral poetics Matthias Murko, and the anthropologists Lucien (...) Lévy-Bruhl and Marcel Jousse. (shrink)

The Collective Imagination explores the social foundations of the human imagination. A comprehensive audit of the creativity claims of the post-modern age - that finds them badly wanting and looks to the future - this book will appeal to sociologists and philosophers concerned with cultural theory, cultural and media studies and aesthetics.

An apparently quite specific question that was addressed by both Confucius and Socrates has attracted much attention in Sino-Hellenistic comparative philosophy. Their respective responses to the question of how a son should respond if his father commits a crime are found in Confucius' Analects 13:18 and in Plato's Euthyphro. This essay assesses three comparative analyses of these responses with particular reference to their underlying assertions of commonality, that is, the assumptions or presuppositions of commonality that serve to justify the comparative (...) exercise in the first instance. The authors suggest that two of the analyses assert commonality between their two responses from a Confucian standpoint, while the third constructs commonality from a Socratic standpoint. The authors argue that the response of Confucius focuses specifically on the issue of xiao in the concrete situation presented to him, whereas Socrates uses the issue to investigate the different question known as the "Euthyphro dilemma." Some brief conclusions are drawn regarding comparative philosophical analysis in general and about comparing the responses of Confucius and Socrates in these passages in particular. (shrink)

In this Second Edition of her best-selling ethics paperback text, renowned paralegal educator Therese Cannon clearly addresses pertinent case law, rules changes, and other developments involving this important area of the law. Organized in 10 concise chapters, Ethics and Professional Responsibility for Legal Assistants, Second Edition, covers key concepts, including unauthorized practice of law; confidentiality; conflicts of interest; fees; trends in legal malpractice; discovery abuse and other advocacy issues; pro bono work; and more. to help your students grasp the (...) material, the pedagogy features: chapter reviews discussion questions cases for further analysis helpful appendices, including the Model Guidelines, standards, and codes for ABA, NALA, and NFPA. Ideal for use in your next ethics class, this flexible paperback can also easily be used to add an ethics component to your Introduction to Law course, student internship program, or other courses in your curriculum. This superb book is also accompanied by a valuable Instructor's Guide, which provides answers to every discussion question in the text and the specific page numbers to find answers to all review questions. It also contains sample syllabi and references to additional source materials to help you adapt this book to your course. (shrink)

The plays written about AIDS in the past dozen years form a radical canon establishing gay men as the locus for public attention. These plays have been all but silent in their representation of women with AIDS. This article examines the marginalized women in early plays such as The Normal Heart and As Is, and the women more central to later plays such as The Baltimore Waltz, Before It Hits Home, and Patient A. It foregrounds some of the most problematic (...) issues surrounding the AIDS virus: the perception of women as vectors of disease for men and unborn children, the insistent representation of women as mothers and caregivers, and the denial of patterns of abuse, sexual exploitation, and poverty which contribute to the marginalization of woman and people of color. (shrink)

This article outlines an approach for implementing business ethics. A company should both organize for ethical business policies and execute them. The organizational dimension refers to structural components including codes of ethics, conferences and training programs and an ethical audit. The corporate culture must support these structural elements with top management playing a central role in implementing ethics. The execution of ethical business policies includes implementation responsibilities and tasks. These responsibilities are leadership in ethics, delegation, communication and motivation of the (...) company's ethical position to employees. Execution tasks are delineated for the marketing function. Although many company examples are provided, a program in place at McDonnell Douglas is highlighted as a model of ethics implementation. (shrink)

The thesis of this paper is that Thomas Aquinas offers an alternative model of abstraction (the Active Principle Model) that overcomes the standard objections to abstractionism and expands our view of what an abstractionist theory might look like. I contend that this alternative model of abstraction has been invisible in plain sight, in Aquinas’s references to the mind’s abstractive mechanism as an “intellectual light.” Such language is not metaphorical but rather technical, signaling that intellectual abstraction is to be modeled on (...) the activity of physical light as he understood it from theories proposed by Avicenna and Averroes. The Active Principle Model requires us to rethink Aquinas’s account of how we come to know essences—a process that turns out to be much more tentative and incremental than previously thought. (shrink)

As for Avicenna the human soul is a complete substance which does not inhere in the body nor is imprinted in it, asserting its survival after the death of the body seems easy. Yet, he needs the body to explain its individuation. The paper analyzes Avicenna's arguments in the De anima sections, V, 3 & 4, of the Shifā ' in order to explore the exact causal relation there is between the human soul and its body and confronts these arguments (...) with relevant passages in the Metaphysics. It argues that the causal relation between body and soul remains obscure and that, though Avicenna claims that there is a personal immortality and that the disembodied soul remains individuated, he does not provide a satisfactory ontological account for it. (shrink)

This book introduces and showcases contributions from leading international scholars on the topic of "divine action" in the world, with special attention on the ...

Medieval accounts of diachronically unified consciousness have been overlooked by contemporary readers, because medieval thinkers have a unique and unexpected way of setting up the problem. This paper examines the approach to diachronically unified consciousness that is found in Augustine’s and Aquinas’s treatments of memory. For Augustine, although the mind is “distended” by time, it remains resilient, stretching across disparate moments to unify past, present, and future in a single personal present. Despite deceptively different phrasing, Aquinas develops a remarkably similar (...) view when, in order to accommodate Aristotle’s view of memory to Augustine’s, he insists that an implicit self-awareness “time-stamps” all intellectual acts. According to their shared approach, diachronic unified consciousness is the result of the curious way in which the mind is both drawn into and transcends the temporal succession of its own acts. (shrink)