The experience of the twentieth century bears witness to the abuse, mutilation and homicide of the vulnerable made possible by the power of the state, mass markets, and medical and financial interests. Suggestions for reform of the law regarding food and fluids typically take place in the context of utilitarian personistic “quality-of-life” presuppositions, and interests in shifting legal responsibility for life-and-death decisions, medical research, drug trials, organ harvesting as well as more mundane bureaucratic concerns like bed-clearing. With the Western world (...) undergoing massive demographic change and a growing ageing and non-productive population, it cannot be assumed that these alterations to the positive law are problem-free. By allowing new agents power to require that food and fluids be withdrawn, non-therapeutic research and other procedures (like abortion and sterilisation) be performed on non-consenting patients, novel legislation such as that discussed cannot be regarded as autonomy enhancing so much as a threat to human rights. These laws although touted as progressive, more often than not invite routine abuse and destruction of the vulnerable, obscure accountability and create an inconsistent body of law, with conflicting obligations for health professionals. (shrink)
Introduction: human rights in healthcare -- A right to treatment? the allocation of resouces in the National Health Service -- Ensuring quality healthcare: an issue of rights or duties? -- Autonomy and consent in medical treatment -- Treating incompetent patients: beneficence, welfare and rights -- Medical confidentiality and the right to privacy -- Property right in the body -- Medically assisted conception and a right to reproduce? -- Termination of pregnancy: a conflict of rights -- Pregnancy and freedom of (...) choice -- The right to life at the end of life -- The law and ethics of assisted dying: is there a right to die? (shrink)
La obra recoge, desde una perspectiva interdisciplinar, las aportaciones de un grupo de investigadores españoles e italianos que han trabajado conjuntamente durante varios años en distintas cuestiones en torno a las posibilidades y riesgos de los avances biotecnológicos y su incidencia en el campo de los derechos humanos. Los estudios y debates se han realizado en el marco del programa de doctorado internacional sobre "Derechos humanos: Problemas actuales" encabezado por las Universidades de Valencia y Palermo. El Profesor Jesús Ballesteros, Catedrático (...) de Filosofía del Derecho en la Universidad de Valencia, ha sido el encargado de dirigir y coordinar este proyecto. (shrink)
Cosmopolitans argue that the account of human rights and distributive justice in John Rawls's The Law of Peoples is incompatible with his argument for liberal justice. Rawls should extend his account of liberal basic liberties and the guarantees of distributive justice to apply to the world at large. This essay defends Rawls's grounding of political justice in social cooperation. The Law of Peoples is drawn up to provide principles of foreign policy for liberal peoples. Human rights are among (...) the necessary conditions for social cooperation, and so long as a decent people respect human rights, a common good, and the Law of Peoples, it is not the role of liberal peoples to impose upon well-ordered decent peoples liberal liberties they cannot endorse. Moreover, the difference principle is not an allocative or alleviatory principle, but applies to design property and other basic social institutions necessary to economic production, exchange and consumption. It presupposes political cooperation—a legislative body to actively apply it, and a legal system to apply it to. There is no feasible global state or global legal system that could serve these roles. Finally, the difference principle embodies a conception of democratic reciprocity that is only appropriate to cooperation among free and equal citizens who are socially productive and politically autonomous. a Footnotesa I am grateful to K. C. Tan for many helpful discussions and criticisms of this essay. I am also grateful to the other contributors to this volume for their comments, and to Ellen Paul for her many helpful suggestions in preparing the final version of this essay. (shrink)
Who or what determines the right to die? Do advancing reproductive technologies change reproductive rights? What forces influence cultural standards of beauty? How do discipline, punishment, and torture reflect our attitudes about the human body? In this challenging new book, Jean Bethke Elshtain, a nationally recognized scholar in political science and philosophy, and J. Timothy Cloyd, a strong new voice in social and political science, have assembled a collection of thought-provoking essays on these issues written by some of the (...) finest minds of our day. (shrink)
This paper outlines the current common law principles that protect people’s interests in their bodies, excised body parts and tissue without conferring the rights of full legal ownership. It does not include the recent statutory amendments in jurisdictions such as New South Wales and the United Kingdom. It argues that at common law, people do not own their own bodies or excised bodily material. People can authorise the removal of their bodily material and its use, either during life or after (...) their death, for medical or scientific purposes. Researchers who acquire human bodies, body parts or tissue pursuant to such an authority have a right to possess and use them according to the authorisation they have been given, but their rights fall short of full ownership because they are limited in the way that they can use the material. The legal rights of researchers who develop intellectual property and biological products from excised human tissue can be adequately protected by existing common law principles without the need for a new legal principle that people own body parts and tissue removed from their bodies. (shrink)
This special volume of Health Care Analysis is dedicated to a consideration of the status of body parts and products and the roleof law in regulating them. We argue that such a discussion is timely giventhe conflation of technological and academic concerns posed by thecomplex legal framework within which these issues are currentlyaddressed and in the light of debates such as those regardingthe storage of children's organs addressed by inquiries atAlder Hay and Bristol, United Kingdom. The contributors addressspecific legal problems (...) which have been brought before the courts in the UK and other jurisdictions, something which wesuggest is likely to occur with increasing regularity oncethe Human Rights Act 1998 comes into force in October 2000.The issues are also considered on a more theoretical level with papers exploring the role of concepts such as property, donation, commodification and kinship in these debates.While the volume focuses principally upon the manner inwhich these issues have arisen in a UK context, though withreference to certain comparative examples, the concepts discussed here are of more general application acrossother jurisdictions. (shrink)
This book explores both the embodied nature of social life and the social nature of human bodily life. It provides an accessible review of the contemporary social science debates on the body, and develops a coherent new perspective. Nick Crossley critically reviews the literature on mind and body, and also on the body and society. He draws on theoretical insights from the work of Gilbert Ryle, Maurice Merleau-Ponty, George Herbert Mead and Pierre Bourdieu, and shows how the work of (...) these writers overlaps in interesting and important ways which, when combined, provide the basis for a persuasive and robust account of human embodiment. The Social Body provides a timely review of the theoretical approaches to the sociology of the body. It offers new insights, and a coherent new perspective on the body. It will be valuable reading for students and academics in sociology, philosophy, anthropology, psychology, and cultural studies. (shrink)
Kant is widely acknowledged for his critique of theoretical reason, his universalistic ethics, and his aesthetics. Scholars, however, often ignore his achievements in the philosophy of law and government. At least four innovations that are still relevant today can be attributed to Kant. He is the first thinker, and to date the only great thinker, to have elevated the concept of peace to the status of a foundational concept of philosophy. Kant links this concept to the political innovation of his (...) time, a republic devoted to human rights. He extends the concept by adding to it the right of nations and cosmopolitan law. Finally, Kant democratizes Plato's notion of philosopher kings with a concept of 'kingly people'. This book examines all aspects of this important, but neglected, body of Kant's writings. (shrink)
We examine whether the current regulatory regime instituted in South Korea and the United States would have prevented Hwang’s potential transgressions in oocyte procurement for somatic cell nuclear transfer, we compare the general aspects and oversight framework of the Bioethics and Biosafety Act in South Korea and the US National Academies’ Guidelines for Human Embryonic Stem Cell Research, and apply the relevant provisions and recommendations to each transgression. We conclude that the Act would institute centralized oversight under governmental auspices (...) while the Guidelines recommend politically-independent, decentralized oversight bodies including a special review body for human embryonic stem cell research at an institutional level and that the Guidelines would have provided more vigorous protection for the women who had undergone oocyte procurement for Hwang’s research than the Act. We also suggest additional regulations to protect those who provide oocytes for research in South Korea. (shrink)
Louise Barrett, beyond the brain: how body and environment shape animal and human minds Content Type Journal Article Category Book Review Pages 1-7 DOI 10.1007/s11097-011-9247-6 Authors Mirko Farina, ARC Centre of Excellence in Cognition and its Disorders (CCD), Institute of Human Cognition and Brain Science (IHCBS), Macquarie University, Sydney, Australia Journal Phenomenology and the Cognitive Sciences Online ISSN 1572-8676 Print ISSN 1568-7759.
In this discussion, we ponder the discourse about the ‘body of the Divine’ in the Indian tradition. Beginning with the Vedas, we survey the major eras and thinkers of that tradition, considering various notions of the Supreme Divine Being it produced. For each, we ask: is the Divine embodied? If so, then in what way? What is the nature of the body of the Divine, and what is its relationship to human bodies? What is the value of the body (...) of the Divine to the spiritual aspirant? We consider, where relevant, which views are pantheistic and which might be considered panentheistic. Panentheism is connected with discourse on the world as the body of God. It has origins in medieval Christian theology with anticipatory traces in Plato’s Timeaus. Under pantheism, were the world to end—were it to collapse or disappear irreversibly, perhaps, into a huge black hole—then God would disintegrate without a remainder as well; for in this view the Divine Spirit is the universe. The same is not true under panentheism which posits a more complex relationship between the Divine and the world. According to panentheism, God pervades the world—God is in the world—and at the same time, God sustains the world—the world is in God. This allows that God be greater than, transcendent of and independent of the world. In our conclusion we remark on how the views we have surveyed link to, resonate with, or dis-compare with the current—should one say revivified—interest in intellectual quarters with panentheism. (shrink)
Cartesian mind body dualism and modern versions of this viewpoint posit a mind thermodynamically unrelated to the body but informationally interactive. The relation between information and entropy developed by Leon Brillouin demonstrates that any information about the state of a system has entropic consequences. It is therefore impossible to dissociate the mind's information from the body's entropy. Knowledge of that state of the system without an energetically significant measurement would lead to a violation of the second law of thermodynamics.
Courts usually treat control over human bodies and body parts as a property issue and find that people do not have property rights in themselves. This contradicts the liberal philosophical principle that people should be able to perform any self-regarding actions that do not cause harm to others. The philosophical inconsistencies under pinning the legal treatment of body parts arguably stem from a misplaced judicial preoccupation with‘property’. A better approach would be to hold a policy inquiry (...) into the degree of liberty a society wishes to grant its inhabitants. Only once this substantive issue has been addressed should property be raised as a possible method of implementing the policy. (shrink)
How should we deal with mental disorder - as an "illness" like diabetes or bronchitis, as a "problem in living", or what? This book seeks to answer such questions by going to their roots, in philosophical questions about the nature of the human mind, the ways in which it can be understood, and about the nature and aims of scientific medicine. The controversy over the nature of mental disorder and the appropriateness of the "medical model" is not just an (...) abstract theoretical debate: it has a bearing on very practical issues of appropriate treatment, as well as on psychiatric ethics and law. A major contention of this book is that these questions are ultimately philosophical in character: they can be resolved only if we abandon some widespread philosophical assumptions about the "mind" and the "body", and about what it means for medicine to be "scientific". The "phenomenological" approach of the twentieth-century French philosopher, Maurice Merleau-Ponty is used to question these assumptions. His conception of human beings as "body-subjects" is argued to provide a more illuminating way of thinking about mental disorder and the ways in which it can be understood and treated. The conditions we conventionally call "mental disorders" are, it is argued, not a homogeneous group: the standard interpretation of the medical model fits some more readily than others. The core mental disorders, however, are best regarded as disturbed ways of being in the world, which cause unhappiness because of deviation from "human" rather than straightforwardly "biological" norms. That is, they are problems in how we experience the world and especially other people, rather than in physiological functioning - even though the nature of our experience cannot ultimately be separated from the ways in which our bodies function. This analysis is applied within the book both to issues in clinical treatment and to the special ethical and legal questions of psychiatry. Written by a well known philosopher in an accessible and clear style, this book should be of interest to a wide range of readers, from psychiatrists to social workers, lawyers, ethicists, philosophers and anyone with an interest in mental health. (shrink)
The irreducibility of language : the history of rhetoric in the age of typewriters -- The failures of empiricism : language, science, and the philosophical tradition -- What is a trope? : the discourse of metaphor and the language of the body -- The nervous systems of modern consciousness : metaphor, physiology, and mind -- Interpretation and life : outlines of an anthropology of knowledge.
Ranging chronologically from the twelfth to the fifteenth century and thematically from Latin to vernacular literary modes, this book challenges standard assumptions about the musical cultures and philosophies of the European Middle Ages. Engaging a wide range of premodern texts and contexts, from the musicality of sodomy in twelfth-century polyphony to Chaucer's representation of pedagogical violence in the Prioress's Tale, from early Christian writings on the music of the body to the plainchant and poetry of Hildegard of Bingen, the author (...) argues that medieval music was quintessentially a practice of the flesh. The book reveals a medieval world in which erotic desire, sexual practice, torture, flagellation, and even death itself resonated with musical significance and meaning. In its insistence on music as an integral part of the material cultures of the Middle Ages, the book presents a revisionist account of an important aspect of premodern European civilization. (shrink)
This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions are the (...) "same" for purposes of assessing whether multiple prosecutions and multiple punishments are warranted. The book contributes to the development of a coherent theory of action in philosophy. It provides a grounding in three of the most basic elements of criminal liability for legislators, judges, and the lawyers who argue to them. (shrink)
Descartes argued that the passions of the soul were immediately felt in the body, as the animal spirits, affected by the movement of the pineal gland, spread through the body. In Leibniz the effect of emotions in the body is a different question as he did not allow the direct interaction between the mind and the body, although maintaining a psychophysical parallelism between them. -/- In general, he avoids discussing emotions in bodily terms, saying that general inclinations, passions, pleasures and (...) pains belong only to the mind or to the soul (NE II, xxi, §72). He is also keen to point out that our passions derive mostly from our bodies. However, like Spinoza (Ethics III, prop. XI, Scholium) he thought that some emotions such as joy can produce pleasures which can be described also in bodily terms. For example, in a short memoir Felicity he says that music can be a pleasure for the ears and symmetry can be a pleasure for the eyes. These more intellectual emotions are actions in the sense that they represent perfection emanating from their source, the absolutely perfect being, that is, God. The feeling of perfection may produce a state of well-being which concerns both the soul and the body. -/- In my paper I will trace instances of Leibniz’s remarks on how these kind of emotions affect the body. I will also discuss the different ways the body gives rise to passions in the soul. My primary source is Nouveaux essais, book II, chapter xx and xxi, but I will also discuss various other writings by Leibniz. (shrink)
The United States Supreme Court has repeatedly insisted that what distinguishes a criminal punishment from a civil penalty is the presence of a punitive legislative intent. Legislative intent has this role, in part, because court and commentators alike conceive of the criminal law as the body of law that administers punishment; and punishment, in turn, is conceived of in intention-sensitive terms. I argue that this understanding of the distinction between civil penalties and criminal punishments depends on a highly controversial proposition (...) in moral theory – namely, that an agent’s intentions bear directly on what it is permissible for that agent to do, a view most closely associated with the doctrine of double effect. Therefore, legal theorists who are skeptical of granting intention this kind of significance owe us an alternative account of the distinctiveness of the criminal law. I sketch the broad outlines of just such an alternative account – one that focuses on the objective impact of legislation on a class of protected interests, regardless of the state’s motivations in enacting the legislation. In other words, even if the concept of punishment is unavoidably intention-sensitive, it does not follow that the boundaries of the criminal law are likewise intention-sensitive, because the boundaries of the criminal law may be drawn without reference to the concept of punishment. I conclude by illustrating the application of this view to a pair of well-known cases, and noting some of its ramifications. (shrink)
Machine generated contents note: 1. Introduction - when criminal law encounters bioethics: a case of tensions and incompatibilities or an apt forum for resolving ethical conflict? Amel Alghrani, Rebecca Bennett and Suzanne Ost; Part I. Death, Dying, and the Criminal Law: 2. Euthanasia and assisted suicide should, when properly performed by a doctor in an appropriate case, be decriminalised John Griffiths; 3. Five flawed arguments for decriminalising euthanasia John Keown; 4. Euthanasia excused: between prohibition and permission Richard Huxtable; Part II. (...) Freedom and Autonomy: When Consent Is Not Enough: 5. Body integrity identity disorder - a problem of perception? Robert Smith; 6. Risky sex and 'manly diversions': the contours of consent in criminal law - transmission and rough horseplay cases David Gurnham; 7. 'Consensual' sexual activity between doctors and patients: a matter for the criminal law? Suzanne Ost and Hazel Biggs; Part III. Criminalising Biomedical Science: 8. 'Scientists in the dock': regulating science Amel Alghrani and Sarah Chan; 9. Bioethical conflict and developing biotechnologies: is protecting individual and public health from the risks of xenotransplantation a matter for the (criminal) law? Sara Fovargue; 10. The criminal law and enhancement - none of the law's business? Nishat Hyder and John Harris; 11. Dignity as a socially constructed value Stephen Smith; Part IV. Bioethics and Criminal Law in the Dock: 12. Can English law accommodate moral controversy in medicine? The case of abortion Margaret Brazier; 13. The case for decriminalising abortion in Northern Ireland Marie Fox; 14. The impact of the loss of deference towards the medical profession Jose; Miola; 15. Criminalising medical negligence David Archard; 16. All to the good? Criminality, politics, and public health John Coggon; 17. Moral controversy, human rights and the common law judge Brenda Hale. (shrink)
Of the nature and origin of the mind, by B. de Spinoza.--Spinoza and the theory of organism, by H. Jonas.--Man a machine, and The natural history of the soul, by J. O. de la Mettrie.--On the first ground of the distinction of regions in space, and What is orientation in thinking? by I. Kant.--Soul and body, by J. Dewey.--The philosophical concept of a human body, by D. C. Long.--Are persons bodies? By B. A. O. Williams.--Lived body, environment, and ego, (...) by M. Scheler.--Metaphysical journal, and A metaphysical diary, by G. Marcel.--The body, by J.-P. Sartre.--The spatiality of the lived body and motility, by M. Merleau-Ponty.--Anthropodology: man a-foot, by R. M. Griffith.--Man and his body, by H. Plügge.--The nobility of sight: a study in the phenomenology of the senses, by H. Jonas.--Born to see, bound to behold: reflections on the function of upright posture in the esthetic attitude, by E. W. Straus.--Selected reading (p. -367). (shrink)
We offer a theory regarding the symbolism of the human body in legal discourse. The theory blends legal theory, the neuroscience of empathy, and biosemiotics, a branch of semiotics that combines semiotics with theoretical biology. Our theory posits that this symbolism of the body is not solely a metaphor or semiotic sign of how law is cognitively structured in the mind. We propose that it also signifies neurobiological mechanisms of social emotion in the brain that are involved in the (...) social and moral decision-making and behavior that law generally seeks to govern. Specifically, we hypothesize that the symbol of a collective human body in the language of law signifies neural mechanisms of pain empathy which generate a virtual, neurally simulated, emotional sense of sharing the feelings or pain of others and of thereby being one-in-body with or virtually equal to them. We speculate that this may be the neural basis of what is signified in legal and political theory as the “body politic” or “sense of equality,” because neuroscience and psychiatry further suggest that such pain empathy may provide the natural, emotional motivation to think and act in a rights-based manner. We conclude that misunderstanding of these neural mechanisms of pain empathy and related misinterpretation of this corporeal symbolism for the same may have long resulted in legal discourse that misinterprets the function of “pain” in the law and misinterprets the associated positive law, specifically the law regarding individual, equality-based rights and criminal justice, in particular, punishment theory. (shrink)
Machine generated contents note: 1. Introduction - when criminal law encounters bioethics: a case of tensions and incompatibilities or an apt forum for resolving ethical conflict? Amel Alghrani, Rebecca Bennett and Suzanne Ost; Part I. Death, Dying, and the Criminal Law: 2. Euthanasia and assisted suicide should, when properly performed by a doctor in an appropriate case, be decriminalised John Griffiths; 3. Five flawed arguments for decriminalising euthanasia John Keown; 4. Euthanasia excused: between prohibition and permission Richard Huxtable; Part II. (...) Freedom and Autonomy: When Consent Is Not Enough: 5. Body integrity identity disorder - a problem of perception? Robert Smith; 6. Risky sex and 'manly diversions': the contours of consent in HIV transmission and rough horseplay cases David Gurnham; 7. 'Consensual' sexual activity between doctors and patients: a matter for the criminal law? Suzanne Ost and Hazel Biggs; Part III. Criminalising Biomedical Science: 8. 'Scientists in the dock': regulating science Amel Alghrani and Sarah Chan; 9. Bioethical conflict and developing biotechnologies: is protecting individual and public health from the risks of xenotransplantation a matter for the (criminal) law? Sara Fovargue; 10. The criminal law and enhancement - none of the law's business? Nishat Hyder and John Harris; 11. Dignity as a socially constructed value Stephen Smith; Part IV. Bioethics and Criminal Law in the Dock: 12. Can English law accommodate moral controversy in medicine? Lessons from abortion Margaret Brazier; 13. The case for decriminalising abortion in Northern Ireland Marie Fox; 14. The impact of the loss of deference towards the medical profession Jose; Miola; 15. Criminalising medical negligence David Archard; 16. All to the good? Criminality, politics, and public health John Coggon; 17. Moral controversy, human rights and the common law judge Brenda Hale. (shrink)
What Science Offers the Humanities examines some of the deep problems facing current approaches to the study of culture. It focuses especially on the excesses of postmodernism, but also acknowledges serious problems with postmodernism's harshest critics. In short, Edward Slingerland argues that in order for the humanities to progress, its scholars need to take seriously contributions from the natural sciences—and particular research on human cognition—which demonstrate that any separation of the mind and the body is entirely untenable. The author (...) provides suggestions for how humanists might begin to utilize these scientific discoveries without conceding that science has the last word on morality, religion, art, and literature. Calling into question such deeply entrenched dogmas as the "blank slate" theory of nature, strong social constructivism, and the ideal of disembodied reason, What Science Offers the Humanities replaces the human-sciences divide with a more integrated approach to the study of culture. (shrink)
Advances in genetic technology in general and medical genetics in particular will enable us to intervene in the process of human biological development which extends from zygotes and embryos to people. This will allow us to control to a great extent the identities and the length and quality of the lives of people who already exist, as well as those we bring into existence in the near and distant future. Genes and Future People explores two general philosophical questions, one (...) metaphysical, the other moral: (1) How do genes, and different forms of genetic intervention (gene therapy, genetic enhancement, presymptomatic genetic testing of adults, genetic testing of preimplantation embryos), affect the identities of the people who already exist and those we bring into existence? and (2) How do these interventions benefit or harm the people we cause to exist in the near future and those who will exist in the distant future by satisfying or defeating their interest in having reasonably long and disease-free lives? Genes and Future People begins by explaining the connection between genes and disease, placing genetic within a framework of evolutionary biology. It then discusses such topics as how genes and genetic intervention influence personal identity, what genetic testing of individuals and the knowledge resulting from it entails about responsibility to others who may be at risk, as well as how gene therapy and genetic enhancement can affect the identities of people and benefit or harm them. Furthermore, it discusses various moral aspects of cloning human beings and body parts. Finally, it explores the metaphysical and moral implications of genetic manipulation of the mechanisms of aging to extend the human life span.The aim Genes and Future People is to move philosophers, bioethicists, and readers in general to reflect on the extent to which genes determine whether we are healthy or diseased, our identities as persons, the quality of our lives, and our moral obligations to future generations of people. (shrink)
The belief that the mind and the body are separate and that the mind is the source of all meaning has been a part of Western culture for centuries. Both philosophers and scientists have questioned this dualism, but their efforts have rarely converged. Many philosophers continue to rely on disembodied models of human thought, while scientists tend to reduce the complex process of thinking to a merely physical phenomenon. In The Meaning of the Body , Mark Johnson continues his (...) pioneering work on the exciting connections between cognitive science, language, and meaning first begun in the classic Metaphors We Live By . Johnson uses recent research into infant psychology to show how the body generates meaning even before self-consciousness has fully developed. From there he turns to cognitive neuroscience to further explore the bodily origins of meaning, thought, and language and examines the many dimensions of meaning—including images, qualities, emotions, and metaphors—that are all rooted in the body’s physical encounters with the world. Drawing on the psychology of art and pragmatist philosophy, Johnson argues that all of these aspects of meaning-making are fundamentally aesthetic. Thus the arts are the culmination of human attempts to find meaning and studying the aesthetic dimensions of our experience is crucial to unlocking the bodily sources of meaning. Brilliantly synthesizing a broad range of scientific research and philosophical inquiry in clear and original writing, Mark Johnson’s The Meaning of the Body puts forth a bold new conception of the mind rooted in the understanding that philosophy will matter to nonphilosophers only if it is built on a visceral connection to the world. (shrink)
The approach to AIDS as a disease and a threat for social discrimination is used as an example to illustrate a conceptual thesis. This thesis is a claim that concerns what we call a medical issue or not, what is medicalised or needs to be demedicalised. In the friction between medicalisation and demedicalisation as discursive strategies the latter approach can only be effected through the employment of discourses or discursive strategies other than medicine, such as those of the law and (...) of economics. These discourses each realise different values, promote a different subject, and have a different concept of man. The concept of discourse is briefly outlined against concepts such as the linear growth concept of science and the growth model of science as changes in paradigm. The issue of testing for AIDS shows a conflict between the medical and the legal discourse and illustrates the title of our contribution: the human body as field of conflict between discourses. (shrink)
In The Bodies of Women , Rosalyn Diprose argues that traditional approaches to ethics both perpetuate and remain blind to the mechanisms of the subordination of women. She shows that injustice against women begins in the ways that social discourses and practices place women's embodied existence as improper and secondary to men. She intervenes into debates about sexual difference, ethics, philosophies of the body and theories of self in order to develop a new ethics which places sexual difference at the (...) very center of meaning. Diprose analyzes attempts in both feminist and non-feminist ethics to recognize the role of sexual difference. She critiques biomedical discourses whose descriptions mask a constitution and regulation of "the body." Drawing on insights from continental philosophy and feminist theory, The Bodies of Women includes critical readings of Hegel, Nietzsche, Merleau-Ponty, Derrida and Foucault as well as productive engagementwith contemporary feminist scholars such as Irigaray, Cornell and Young. What emerges is a unique approach to the ethics of sexual difference which both locates and subverts mechanisms of sexual discrimination. (shrink)
Bioethics originated as a specific collective response of representatives of biomedical sciences, humanities and the public to the complexity of moral, anthropological and ontological problems (often in situations bordering on life and death) caused by the constant development of biomedical technologies. Because of this complexity ‐ these problems escape simple, universal (eternal) solutions. This makes them “finite”, multiple, dependent on the “here and now” circumstances of the choice of cognitive and communicative transdisciplinary strategies. In other words bioethics is a specific (...) communicative practice that mediates a vast number of universal interpretations (philosophical, theological, etc.) in order to provide a contingent solution - a kind of “negotiated universality”. For example, moratorium on reproductive cloning is a negotiated contingent (open for reevaluation) solution of this moral problem. The mutual process of adjustment of new ideas and technologies to social requirements and social requirements to new ideas and technologies realizes in a form trans-disciplinary dialogue. To some extent, transdisciplinarity is experience of paradoxes. I am going to give an interpretation of a network of paradoxes. (shrink)
This review of John Russon's Human Experience: Philosophy, Neurosis, and the Elements of Everyday Life focuses on Russon's position that experience is open (having a developmental, situated and dynamic, rather than fixed, structure) and figured (having a structure inseparable from forms of bodily function), and that mind is something learned in the process of working out experience as figured and open. These themes are drawn together in relation to recent scientific discussions (e.g., of bodily dynamics, mirror neurons, robotic systems (...) and thermodynamics), to show how Russon's view challenges deep philosophical assumptions in prevailing accounts of mind, body and experience. (shrink)
Thinking through the body: educating for the humanities -- The body as background -- Self-knowledge and its discontents: from Socrates to somaesthetics -- Muscle memory and the somaesthetic pathologies of everyday life -- Somaesthetics in the philosophy classroom: a practical approach -- Somaesthetics and the limits of aesthetics -- Somaesthetics and Burke's sublime -- Pragmatism and cultural politics: from textualism to somaesthetics -- Body consciousness and performance -- Somaesthetics and architecture: a critical option -- Photography as performative process -- Asian (...) ars erotica and the question of sexual aesthetics -- Philosophy as awakened life : everyday aesthetics of embodiment in American transcendentalism and Japanese Zen practice -- Somatic style. (shrink)
This article explores the effectiveness of the decision of the Committee on the Elimination of Discrimination against Women in the case of Alyne da Silva Pimentel Teixeira (deceased) v. Brazil, concerning a poor, Afro-Brazilian woman. This is the first decision of an international human rights treaty body to hold a state accountable for its failure to prevent an avoidable death in childbirth. Assessing the future effectiveness of this decision might be undertaken concretely by determining the degree of Brazil's actual (...) compliance with the Committee's recommendations, and how this decision influences pending domestic litigation arising from the maternal death. Alternative approaches include: determining whether, over time, the decision leads to the elimination of discrimination against women of poor, minority racial status in the health sector, and if it narrows the wide gap between rates of maternal mortality of poor, Afro-Brazilian women and the country's general female population. Determining the effectiveness of this decision will guide whether to pursue a more general strategy of judicializing maternal mortality. (shrink)
This article closely examines the way in which Thomas Aquinas understood the relationship between the various forms of human community. The article focuses on Aquinas's theory of law and politics and, in particular, on his use of political categories, such as city, province and empire, together with the associated concepts of kingdom and nation, as well as various social groupings, such as household, clan and village, alongside of the distinctly ecclesiastical categories of parish, diocese and universal church. The analysis (...) of these categories is used in the article to help explain Aquinas's role in the development of theories about subsidiarity, federalism and mixed constitutionalism. In the first place, it is argued that a close inquiry into Aquinas's discussion of the many and various forms of human community sheds light on the origins and development of the idea of subsidiarity within Catholic social teaching. Second, while Aquinas certainly did not advance a theory of federalism as that idea is presently understood, it is argued that recovering what Aquinas had to say about the categories of human community helps us to understand the origin and later development of federal ideas. Finally, it is argued that far from endorsing a system of absolute monarchy as is sometimes alleged, when understood in this way, Aquinas supported a particular kind of mixed constitution in which monarchy is tempered by a variety of constitutional constraints founded upon a conception of the body politic as itself constructed out of a plurality of smaller, intermediate corporations and communities of a political, ecclesiastical and social character. Keywords: Thomas Aquinas, political theory, subsidiarity, federalism, mixed constitution, absolute monarchy, civitas, provincia, imperium, regnum, gens, natural law . (shrink)
Kant is generally conceived to have offered little attention to the fact that we experience the world in and through our bodies. This book argues that this standard image of the great German philosopher is radically wrong. Not only does Kant - throughout his career and in works published before and after the Critique of pure reason - reflect constantly upon the fact that human life is embodied, but the Critique of pure reason itself may be read as a (...) critical reflection aimed at exploring some significant philosophical implications of this fact. Bringing this aspect of Kant's philosophy into focus is important, not only because it sheds new light on our understanding of Kant's work, but also because it is relevant to contemporary discussions in philosophy about embodiment, learning and practice. By taking his philosophy of embodiment into account, the author makes Kant stand out as a true contemporary in new and unexpected ways. (shrink)
I argue that, contrary to how he is often read, Spinoza did not believe that the mind and the body were numerically identical. This means that we must find some alternative reading for his claims that they are 'one and the same thing' (I describe three such alternative readings).
Feminism and the Body presents classic texts in feminist body studies. Intended for undergraduate and graduate students, the volume touches on the medical history of sexual differences, the political history of the body, the history of clothing and its cultural meanings, symbolic renderings of the body, male bodies, and the body in colonial and cross-cultural contexts.
Of all the problems facing science none are more challenging yet fascinating than those posed by consciousness. In The Science of Consciousness leading researchers examine how consciousness is being investigated in the key areas of cognitive psychology, neuropsychology and clinical psychology. Within cognitive psychology, special focus is given to the function of consciousness, and to the relation of conscious processing to nonconscious processing in perception, learning, memory and information dissemination. Neuropsychology includes examination of the neural conditions for consciousness and the (...) effects of brain damage. Finally, mind/body interactions in clinical and experimental settings are considered, including the somatic effects of imagery, biofeedback and placebo effects. Every chapter is written by an expert in the field. They each provide a clear overview of existing research along with an exciting new synthesis of consciousness studies. The The Science of Consciousness will be invaluable for students, researchers and clinicians interested in the developments and directions of this rapidly growing field. (shrink)
In recent years feminist scholarship has increasingly focused on the importance of the body and its representations in virtually every social, cultural, and intellectual context. Many have argued that because women are more closely identified with their bodies, they have access to privileged and different kinds of knowledge than men. In this landmark new book, Paula Cooey offers a different perspective on the significance of the body in the context of religious life and practice. Building on the pathbreaking work of (...) Elaine Scarry in The Body in Pain, Cooey looks at a wide range of evidence, from the Argentine prison narrative of Alicia Partnoy, to the novels of Toni Morrison and the paintings of Frida Kahlo. Drawing on current social theory and critique, cognitive psychology, contemporary fiction and art, and women's accounts of religious experience, Cooey relates the reality of sentience to the social construction of reality. Beginning with an examination of the female body as a metaphor for alternative knowledge, she considers the significance of physical pain and pleasure to the religious imagination, and the relations between sentience, sensuality, and female subjectivity. Cooey succeeds in bringing forward a sophisticated new understanding of the religious importance of the body, at the same time laying the foundations of a feminist theory of religion. (shrink)
In The Body of Compassion, Joel Shuman presents an important, new theological treatment of contemporary bioethics, weaving together personal experience, a critical treatise on contemporary bioethics, and an exploration of a Christian theological alternative.The author first draws the reader into a consideration of the current state of bioethics by relating the story of his grandfather, a hard-working family man who died a solitary death, unaccompanied by loved ones, in the unfamiliar and sterile world of a hospital. Troubled by the way (...) his grandfather died, Shuman takes the reader along as he explores how modern medicine has distanced itself from dealing with people as living beings beyond their immediate physicality. He examines how various approaches to bioethics over the past twenty years have tried to remedy this problem by prescribing certain standards for treatment and how each of these ultimately has fallen short due to the lack of “a teleological concern for the body”—i.e., to trying to understand what the body is actually for in a larger context. From this point, Shuman deftly moves to a discussion of the centrality of the body to Christianity, focusing on how baptism, participation in the liturgy, and the partaking of the Eucharist all serve to unite Christians as one in the body of Christ. For Christians, the author argues, the body does not just belong to the individual but rather is one with the community of the Church. With this in mind, Shuman proposes a new kind of bioethics for Christians, where care for the body of Christ becomes the model of how we should care for and receive care from each other.This fresh and thought-provoking book is sure to be of interest to ethicists, medical professionals, and everyone who is troubled by places where science and religion intersect and seem to conflict. (shrink)