The right to conceive and bear children has been protected both in law and in policy. Human society has from its earliest time valued children and defended procreation as a basic right.Modern health technology offers the possibility of conception to the estimated 2.5 million infertile couples who may wish to have children. For these persons, infertility treatment offers the hope of having children, an activity deemed basic and essential in human society.In general, the state has been reluctant to directly interfere (...) in the reproductive decisions of individuals. However, the state may act to increase or reduce access to reproductive services in a variety of ways. For example, recent legislation regulating fertility clinics affects the distribution of assisted reproductive technology in the United States. The purpose of this paper is to describe this legislation, project its probable effects on the distribution of ART services, and analyze these effects based on distributive theories of justice. (shrink)

As the world keeps advancing, the need for automated interconnected devices has started to gain significance; to cater to the condition, a new concept Internet of Things has been introduced that revolves around smart devicesʼ conception. These smart devices using IoT can communicate with each other through a network to attain particular objectives, i.e., automation and intelligent decision making. IoT has enabled the users to divide their household burden with machines as these complex machines look after the environment variables and (...) control their behavior accordingly. As evident, these machines use sensors to collect vital information, which is then the complexity analyzed at a computational node that then smartly controls these devicesʼ operational behaviors. Deep learning-based guessing attack protection algorithms have been enhancing IoT security; however, it still has a critical challenge for the complex industries’ IoT networks. One of the crucial aspects of such systems is the need to have a significant training time for processing a large dataset from the networkʼs previous flow of data. Traditional deep learning approaches include decision trees, logistic regression, and support vector machines. However, it is essential to note that this convenience comes with a price that involves security vulnerabilities as IoT networks are prone to be interfered with by hackers who can access the sensor/communication data and later utilize it for malicious purposes. This paper presents the experimental study of cryptographic algorithms to classify the types of encryption algorithms into the asymmetric and asymmetric encryption algorithm. It presents a deep analysis of AES, DES, 3DES, RSA, and Blowfish based on timing complexity, size, encryption, and decryption performances. It has been assessed in terms of the guessing attack in real-time deep learning complex IoT applications. The assessment has been done using the simulation approach and it has been tested the speed of encryption and decryption of the selected encryption algorithms. For each encryption and decryption, the tests executed the same encryption using the same plaintext for five separate times, and the average time is compared. The key size used for each encryption algorithm is the maximum bytes the cipher can allow. To the comparison, the average time required to compute the algorithm by the three devices is used. For the experimental test, a set of plaintexts is used in the simulation—password-sized text and paragraph-sized text—that achieves target fair results compared to the existing algorithms in real-time deep learning networks for IoT applications. (shrink)

Maximize Expected Choiceworthiness (MEC) is a theory of decision-making under moral uncertainty. It says that we ought to handle moral uncertainty in the way that Expected Value Theory (EVT) handles descriptive uncertainty. MEC inherits from EVT the problem of fanaticism. Roughly, a decision theory is fanatical when it requires our decision-making to be dominated by low-probability, high-payoff options. Proponents of MEC have offered two main lines of response. The first is that MEC should simply import whatever are the best solutions (...) to fanaticism on offer in decision theory. The second is to propose statistical normalization as a novel solution on behalf of MEC. This paper argues that the first response is open to serious doubt and that the second response fails. As a result, MEC appears significantly less plausible when compared to competing accounts of decision-making under moral uncertainty, which are not fanatical. (shrink)

According to comparativist theories of quantities, their intrinsic values are not fundamental. Instead, all the quantity facts are grounded in scale-independent relations like "twice as massive as" or "more massive than." I show that this sort of scale independence is best understood as a sort of metaphysical symmetry--a principle about which transformations of the non-fundamental ontology leave the fundamental ontology unchanged. Determinism--a core scientific concept easily formulated in absolutist terms--is more difficult for the comparativist to define. After settling on the (...) most plausible comparativist understanding of determinism, I offer some examples of physical systems that the comparativist must count as indeterministic although the relevant physical theory gives deterministic predictions. Several morals are drawn. In particular: comparativism is metaphysically contingent if true, and it is most natural for a comparativist to accept an at-at theory of motion. (shrink)

I argue against pessimistic readings of the Buddhist tradition on which unawakened beings invariably have lives not worth living due to a preponderance of suffering (duḥkha) over well-being.

In diesem Buch stellt sich die Frage nach der Wahrheit nicht über den Gegensatz von wahr und falsch, sondern im Zusammenhang mit verschiedenen Modi der Gewißheit: Wahrheit in ihren komplexen Beziehungen zu praktischen Fragen und der Notwendigkeit von Urteilen. Diese Fragen werden systematisch differenziert und historisch diskutiert. Die Autorin verdeutlicht mit dem Nachweis der entscheidenden Funktion der Urteilskraft die Verbindungen und Bruchstellen zwischen theoretischer und praktischer Philosophie. Der Urteilskraft kommt als einer individuellen Fähigkeit die Aufgabe zu, die Reaktion Anderer auf (...) das eigene Fürwahrhalten ohne eine letzte allgemeine Regel einzuschätzen. Theoretische Philosophie geht hier in politische Philosophie (Kant) bzw. in Philosophie der Psychologie (Wittgenstein) über. (shrink)

The American Medical Association enacted its Code of Ethics in 1847, the first such national codification. In this volume, a distinguished group of experts from the fields of medicine, bioethics, and history of medicine reflect on the development of medical ethics in the United States, using historical analyses as a springboard for discussions of the problems of the present, including what the editors call "a sense of moral crisis precipitated by the shift from a system of fee-for-service medicine to a (...) system of fee-for-system medicine, better known as 'managed care.'" The authors begin with a look at how the medical profession began to consider ethical issues in the 1800s and subsequent developments in the 1900s. They then address the sociological, historical, ethical, and legal aspects of the practice of medicine. Later chapters discuss current and future challenges to medical ethics and professional values. Appendixes display various versions of the AMA's Code of Ethics as it has evolved over time. Contributors: George J. Annas, J.D., M.P.H., Arthur Isak Applbaum, Ph.D., Robert B. Baker, Ph.D., Chester R. Burns, M.D., Ph.D., Arthur L. Caplan, Ph.D., Alexander Morgan Capron, J.D., Christine K. Cassel, M.D., Linda L. Emanuel, M.D., Ph.D., Eliot L. Freidson, Ph.D., Albert R. Jonsen, Ph.D., Stephen R. Latham, J.D., Ph.D., Susan E. Lederer, Ph.D., Florencia Luna, Ph.D., Edmund D. Pellegrino, M.D., Charles E. Rosenberg, Ph.D., Mark Siegler, M.D., Rosemary A. Stevens, Ph.D., Robert M. Tenery, Jr., M.D., Robert M. Veatch, Ph.D., John Harley Warner, Ph.D., Paul Root Wolpe, Ph.D. (shrink)

The desire to minimize the number of individual new entities postulated is often referred to as quantitative parsimony. Its influence on the default hypotheses formulated by scientists seems undeniable. I argue that there is a wide class of cases for which the preference for quantitatively parsimonious hypotheses is demonstrably rational. The justification, in a nutshell, is that such hypotheses have greater explanatory power than less parsimonious alternatives. My analysis is restricted to a class of cases I shall refer to as (...) additive. Such cases involve the postulation of a collection of qualitatively identical individual objects which collectively explain some particular observed phenomenon. Especially clear examples of this sort occur in particle physics. 1 Introduction 2 Particle physics: a case study 3 Three kinds of simplicity 4 Explanatory power 5 Explanation and non-observation 6 Parsimony and scientific methodology 7 Conclusions. (shrink)

Analyses of errors from a sequential auditory recall experiment indicated that perceptual factors influence the shape of the serial position curve of recall errors. The signal to noise ratio and presentation rate of the stimuli, as well as presentation rate during a prior training session, affected item and order errors. For experiments in which Ss simply monitored the auditory sequences for a preassigned critical item, and in which items were recalled in addition to monitoring, analyses of montoring RTs provided evidence (...) that the requirement to recall induces perceptual difficulties. (shrink)

Open access. This open-access book discusses vulnerability and the protection-inclusion dilemma of including those who suffer from serious poverty, severe stigma, and structural violence in research. Co-written with representatives from indigenous peoples in South Africa and sex workers in Nairobi, the authors come down firmly on the side of inclusion. In the spirit of leaving no one behind in research, the team experimented with data collection methods that prioritize research participant needs over researcher needs. This involved foregoing the collection of (...) personal data and community researchers being involved in all stages of the research. In the process, the term ‘vulnerability’ was illuminated across significant language barriers as it was defined by indigenous peoples and sex workers themselves. The book describes a potential alternative to exclusion from research that moves away from traditional research methods. By ensuring that the research is led by vulnerable groups for vulnerable groups, it offers an approach that fosters trust and collaboration with benefits for the community researchers, the wider community as well as research academics. Those living in low-income settings, in dire situations that are summarized with the term ‘vulnerability’ know best what their problems are and which priorities they have. To exclude them from research for their own protection is a patronizing approach which insinuates that researchers and research ethics committees know best. The team from this book have shown that minimally risky and minimally burdensome research tailored towards the needs of highly marginalized and stigmatized communities can be scientifically valuable as well as inclusive and equitable. I congratulate them. Prof. Klaus Leisinger, President Global Values Alliance, Former personal advisor to Kofi Annan on corporate responsibility. (shrink)

This book is a provocative contribution to contemporary ethical theory challenging foundational conceptions of character that date back to Aristotle. John Doris draws on behavioral science, especially social psychology, to argue that we misattribute the causes of behavior to personality traits and other fixed aspects of character rather than to the situational context. More often than not it is the situation not the nature of the personality that really counts. The author elaborates the philosophical consequences of this research for a (...) whole array of ethical theories and shows that, once rid of the misleading conception of motivation, moral psychology can support more robust ethical theories and more humane ethical practices. (shrink)

There is a widespread view that well-learned skills are automated, and that attention to the performance of these skills is damaging because it disrupts the automatic processes involved in their execution. This idea serves as the basis for an account of choking in high pressure situations. On this view, choking is the result of self-focused attention induced by anxiety. Recent research in sports psychology has produced a significant body of experimental evidence widely interpreted as supporting this account of choking in (...) certain kinds of complex sensorimotor skills. We argue against this interpretation, pointing to problems with both the empirical evidence and the underlying theory. The experimental research fails to provide direct support for the central claims of the self-focus approach, contains inconsistencies, and suffers from problems of ecological validity. In addition, qualitative studies of choking have yielded contrary results. We further argue that in their current forms the self-focus and rival distraction approaches both lack the theoretical resources to provide a good theory of choking, and we argue for an expanded approach. Some of the elements that should be in an expanded approach include accounts of the features of pressure situations that influence the psychological response, the processes of situation appraisal, and the ways that attentional control can be overwhelmed, leading to distraction in some cases, and in others, perhaps, to damaging attention to skill execution. We also suggest that choking may sometimes involve performance-impairing mechanisms other than distraction or self-focus. (shrink)

Recently, we initiated a new research line on fulfillment in life by developing a conceptual framework and a self-report measure. To enhance conceptual clarity and complement theoretical considerations and empirical findings, we investigated lay conceptions of a fulfilled life in German-speaking participants at different life stages. First, we selected a qualitative approach using an open-ended question asking participants to describe a fulfilled life. Second, for a more comprehensive understanding, quantitative data were collected about the relevance of sources in providing fulfillment (...) and ratings on a fulfilling life in the present and a fulfilled life in retrospect. Qualitative content analysis was used to assess the responses to the open-ended question. One-fifth of the data was double coded, and intercoder reliability was high. Responses comprised a variety of descriptions, and we grouped them into seven themes, three of which overlapped with the prior conceptualization, namely the core elements of general description, cognitive appraisals, and affective appraisals. Cognitive evaluations related to intrapersonal aspects, particularly having lived life fully, attained personally significant goals, and developed oneself, as well as interpersonal, generative aspects, such as having made a contribution and been able to leave something of value. These categories are mostly in line with what the Fulfilled Life Scale measures. Further themes referred to correlates—including sources—and antecedents, including resources, personal characteristics, and quality of life, all considered worthy to be the subject of empirical investigation but which were not included in the conceptual model. Qualitative and quantitative results suggest that individuals derive fulfillment from different sources. Fulfillment from a profession and having a life task was strongly associated with longer-term fulfillment. Only a few age and sex differences were found. The overarching framework developed from the qualitative results can stimulate further investigation. Our findings underscore that a fulfilled life as a distinct construct should be measured directly rather than via a proxy. Insights into the constituents, sources, and antecedents of a fulfilled life can inform practice to promote a life well lived. (shrink)

"Geschichte," die zu denken gibt. Konnotationen des Geschichtsbegriffs aus theologischer Perspektive ; Die fundamentaltheologische Dichotomie ; Die Begründung einer theologischen Perspektive auf "Geschichte" ; Die theologische Tiefenstruktur von "Geschichte" als Aufgabe -- "Geschichte" als hermeneutische Aufgabe. "Geschichte" als Programm ; Die universalgeschichtliche Herausforderung ; "Geschichte" zwischen Offenbarung und Kerygema ; "Geschichte" als Denkbewegung -- "Geschichte" im Erzählen : Paul Ricœur. Der Wag in die Philosophie : Biographische Notizen zu Paul Ricœur ; Die Begründung der philosophie de la detour ; Auf (...) dem Weg zu einer Hermeneutik der Geschichte ; Der Wag in die Theologie -- "Geschichte" zwischen Erinnern und Erzählen : von der Phänomenologie zur Theologie. Die Dimension des Möglichen ; Die überkreuzte Referenz von Geschichte und Gedächtnis ; Geschichte coram Deo : Resümee und Ausblick -- "Geschichte" im Geschehen. Phänomenologisch-kerygmatische Theologie : zum Ansatz einer theologischen Lesart von "Geschichte" ; Christologische Mimesis : der dogmatische Kern theologischen Geshichtsverstehens ; Die christologische Lesart des Mimesiskonzepts -- "Geschichte," die nach Erzählung verlangt. Die hermeneutische Orientierung theologischer Reflexion auf "Geschichte" ; "Geschichte" als geschehen ; Die Eigenart des zu Erzählenden ; "Geschichte" für uns. (shrink)

Benefit sharing has been a recurrent theme in international debates for the past two decades. However, despite its prominence in law, medical ethics and political philosophy, the concept has never been satisfactorily defined. In this conceptual paper, a definition that combines current legal guidelines with input from ethics debates is developed. Philosophers like boxes; protective casings into which they can put concisely-defined concepts. Autonomy is the human capacity for self-determination; beneficence denotes the virtue of good deeds, coercion is the intentional (...) threat of harm and so on. What about benefit sharing? Does the concept have a box and are the contents clearly defined? The answer to this question has to be no. The concept of benefit sharing is almost unique in that various disciplines use it regularly without precise definitions. In this article, a definition for benefit sharing is provided, to eliminate unnecessary ambiguity. (shrink)

The Cambridge World History of Medical Ethics is the first comprehensive scholarly account of the global history of medical ethics. Offering original interpretations of the field by leading bioethicists and historians of medicine, it will serve as the essential point of departure for future scholarship in the field. The volumes reconceptualize the history of medical ethics through the creation of new categories, including the life cycle; discourses of religion, philosophy, and bioethics; and the relationship between medical ethics and the state, (...) which includes a historical reexamination of the ethics of apartheid, colonialism, communism, health policy, imperialism, militarism, Nazi medicine, Nazi "medical ethics," and research ethics. Also included are the first global chronology of persons and texts; the first concise biographies of major figures in medical ethics; and the first comprehensive bibliography of the history of medical ethics. An extensive index guides readers to topics, texts, and proper names. (shrink)

The interventionist turn in science and technology studies increasingly involves researchers with practices of technology development and thus entails the need for appropriate methodologies. Based in software engineering, this article introduces the deconstructive technique of “mind scripting” as a method for analyzing processes of the co-materialization of gender and technology and as a tool to support cooperative, reflective work practices. Anchored in critical design approaches, “mind scripting” is a means for development teams to disclose discourses implicitly guiding work practices in (...) order to make negotiable the underlying value systems. After discussing its foundation in deconstructivist feminist theory, the author illustrates how the method is applied by drawing on selected empirical results. Generating insights into the reproduction of hegemonic social discourses in development processes, “mind scripting” enables the rethinking of established ways of doing. (shrink)

Do we know what we're doing, and why? Psychological research seems to suggest not: reflection and self-awareness are surprisingly uncommon and inaccurate. John M. Doris presents a new account of agency and responsibility, which reconciles our understanding of ourselves as moral agents with empirical work on the unconscious mind.

In a recent work, we introduced a theoretical model for fulfillment in life that covers cognitive and affective components and distinguishes different time frames. The present study evaluates this model and describes the construction of the Fulfilled Life Scale to assess fulfillment regarding the whole lived life retrospectively. We investigated the scale in two samples. The model of the cognitive component combines three sources of fulfillment with three criteria, yielding nine facets. Employing hierarchical factor analysis, we inspected all solutions between (...) one and nine. We identified three optimal factors, which we labeled unfolded self and life, the worthwhile life, and positive impact and legacy. Next, we selected marker items and replicated the factor structure in Sample 2. The three scales were positively intercorrelated and showed good internal consistency in both samples. For the affective component, exploratory and confirmatory factor analyses established a one-factor structure in both samples, and high internal consistency was obtained. Across a range of related constructs, we demonstrated construct and criterion validity. Notably, cognitive and affective fulfillment incrementally predicted a global rating of a fulfilled life and mental well-being, even after controlling for subjective and eudaimonic well-being. Overall, the study proves that the FLS is necessary to capture people’s experience of a fulfilled life, which could not be assessed sufficiently with previous well-being measures. Both cognitive and affective fulfillment were able to predict additional variance in mental well-being. Moreover, the study reveals psychometric support for the FLS and presents the first evidence on its validity. Lastly, applications in research and practice are discussed, especially in the context of living and aging well in the second half of life. (shrink)

The expression ‘nonreductive materialism’ refers to a variety of positions whose roots lie in attempts to solve the mind-body problem. Proponents of nonreductive materialism hold that the mental is ontologically part of the material world; yet, mental properties are causally efficacious without being reducible to physical properties.s After setting out a minimal schema for nonreductive materialism (NRM) as an ontological position, I’ll canvass some classical arguments in favor of (NRM).1 Then, I’ll discuss the major challenge facing any construal of (NRM): (...) the problem of mental causation, pressed by Jaegwon Kim. Finally, I’ll offer a new solution to the problem of mental causation. (shrink)

THE TITLE W. used the title 'Philosophische Untersuchungen, Versuch einer Umar- beitung' as the heading of his 1936 revision of Br. B. in Vol. ...

This book debates competing approaches to ethical decision-making for members of the armed forces of liberal-democratic states. In this volume, four prominent thinkers propose and debate competing approaches to ethical decision-making for military personnel. Deane-Peter Baker presents and expounds the 'Ethical Triangulation' model, an ethical decision-making method he has employed through much of his career as an applied military ethicist. Rufus Black advocates for a natural law-based approach, one which has heavily influenced the framework formally adopted by the Australian (...) Defence Force. Roger Herbert outlines the 'Moral Deliberation Roadmap', the moral reasoning framework recently adopted by the US Naval Academy. Iain King then sets out a model of quasi-utilitarian decision-making developed in several post-conflict settings and refined at the UK's Royal College of Defence Studies. After the opening chapters in which each author outlines their favoured decision-making approach, the four contributors then evaluate each other's proposals, often critically. Philosopher David Whetham offers some concluding thoughts in which he summarises areas of agreement between the authors, identifies key areas of difference, and suggests directions for future research. This book will be of great interest to students of military ethics, the ethics of war, moral philosophy, and International Relations, as well as military professionals. (shrink)

Deliberation often begins with the question ‘What do I want to do?’ rather than the question of what one ought to do. This paper takes that question at face value, as a question about which of one’s desires is strongest, which sometimes guides action. The paper aims to explain which properties of a desire make that desire strong, in the sense of ‘strength’ relevant to this deliberative question. Both motivational force and phenomenological intensity seem relevant to a desire’s strength; however, (...) accounting for the strength of a desire in these terms opens up significant indeterminacy about what we want. The paper argues that this indeterminacy is often resolved simply by posing the question ‘What do I want to do?’ to oneself: there is reason to believe that one’s answer will play a verdictive role, partially determining what the agent most wants. Self-reflective beliefs can play a self-fulfilling role, and surprisingly this seems to follow from basic platitudes about the belief-desire model. (shrink)

This article considers the contemporary effective altruism (EA) movement from a classical Indian Buddhist perspective. Following barebones introductions to EA and to Buddhism (sections one and two, respectively), section three argues that core EA efforts, such as those to improve global health, end factory farming, and safeguard the long-term future of humanity, are futile on the Buddhist worldview. For regardless of the short-term welfare improvements that effective altruists impart, Buddhism teaches that all unenlightened beings will simply be reborn upon their (...) deaths back into the round of rebirth (samsāra), which is held to be undesirable due to the preponderance of duhkha (unsatisfactoriness, dis-ease, suffering) over well-being that characterizes unenlightened existence. This is the samsāric futility problem. Although Buddhists and effective altruists disagree about what ultimately helps sentient beings, section four suggests that Buddhist-EA dialogue nonetheless generates mutually-instructive insights. Buddhists – including contemporaries, such as those involved in Socially Engaged Buddhism – might take from EA a greater focus on explicit prioritization research, which seeks knowledge of how to do the most good we can, given our finite resources. EA, for its part, has at least two lessons to learn. First, effective altruists have tended to assume that the competing accounts of welfare converge in their practical implications. The Buddhist conception of the pinnacle of welfare as a state free from duhkha and, correspondingly, the Buddhist account of the path that leads to this state weigh against this assumption. Second, contrasting Buddhist with effective altruist priorities shows that descriptive matters of cosmology, ontology, and metaphysics can have decisive practical implications. If EA wants to give a comprehensive answer to its guiding question – “how can we do the most good?” – it must argue for, rather than merely assume, the truth of secular naturalism. (shrink)

Paradoxes are more than just intellectual puzzles - they raise substantive philosophical issues and offer the promise of increased philosophical knowledge. In this introduction to paradox and paradoxes, Doris Olin shows how seductive paradoxes can be, why they confuse and confound, and why they continue to fascinate. Olin examines the nature of paradox, outlining a rigorous definition and providing a clear and incisive statement of what does and does not count as a resolution of a paradox. The view that a (...) statement can be both true and false, that contradictions can be true, is seen to provide a challenge to the account of paradox resolution, and is explored. With this framework in place, the book then turns to an in-depth treatment of the Prediction Paradox, versions of the Preface/Fallibility Paradox, the Lottery Paradox, Newcomb's Problem, the Prisoner's Dilemma and the Sorites Paradox. Each of these paradoxes is shown to have considerable philosophical punch. Olin unpacks the central arguments in a clear and systematic fashion, offers original analyses and solutions, and exposes further unsettling implications for some of our most deep-seated principles and convictions. (shrink)

By way of essays and a selection of primary sources in parallel text, Biography, Historiography, and Modes of Philosophizing provides an introduction to a vast, significant, but neglected corpus of early modern literature: collective biography. It focuses especially on the various related strands of political, philosophical, and intellectual and cultural biography as well as on the intersection between biography, historiography, and philosophy. Individual texts from the fifteenth to the eighteenth century are presented as examples of how the ancient collective biographical (...) tradition--as represented above all by Plutarch, Suetonius, Diogenes Laertius, and Jerome--was received and transformed in the Renaissance and beyond in accordance with the needs of humanism, religious controversy, politics, and the development of modern philosophy and science"--Provided by publisehr. (shrink)

Beginning with the familiar -- The difference between families and political communities -- States of nature and social contracts -- Order, but not order alone -- On freedom (and liberty) -- Justice -- A brief attempt at describing good politics -- Focus on the Christian contribution -- Concluding thoughts.

Paradoxes are more than just intellectual puzzles - they raise substantive philosophical issues and offer the promise of increased philosophical knowledge. In this introduction to paradox and paradoxes, Doris Olin shows how seductive paradoxes can be, why they confuse and confound, and why they continue to fascinate. Olin examines the nature of paradox, outlining a rigorous definition and providing a clear and incisive statement of what does and does not count as a resolution of a paradox. The view that a (...) statement can be both true and false, that contradictions can be true, is seen to provide a challenge to the account of paradox resolution, and is explored. With this framework in place, the book then turns to an in-depth treatment of the Prediction Paradox, versions of the Preface/Fallibility Paradox, the Lottery Paradox, Newcomb's Problem, the Prisoner's Dilemma and the Sorites Paradox. Each of these paradoxes is shown to have considerable philosophical punch. Olin unpacks the central arguments in a clear and systematic fashion, offers original analyses and solutions, and exposes further unsettling implications for some of our most deep-seated principles and convictions. (shrink)

Um den Begriff des Originals gibt es heftige Debatten. Können Fälschungen ebenso gut sein wie Originale? Wann sind Kopien vielleicht sogar besser? Und ist die Zeit des Originals nicht überhaupt vorbei? Dabei tritt die Frage, was ein Original eigentlich sei, oft in den Hintergrund. Doris Reisinger stellt die These auf: Der Begriff des Originals ist nicht nur nicht obsolet, er hat auch nicht notwendig mit Neuheit, Urheberschaft oder ästhetischem Wert zu tun - das Problem des Originalbegriffs besteht schlicht darin, dass (...) seine komplexe Struktur verkannt wird. Vor diesem Ausgangspunkt erarbeitet sie einen Explikationsvorschlag, der die Beantwortung einer ganzen Reihe von Fragen dieser klassischen philosophischen Debatte erlaubt. (shrink)

In the absence of comprehensive immigration reform at the federal level, many American states and localities are undertaking their own legal reforms. The new state and local laws have been challenged by immigrant-rights organizations and individuals on the grounds that the federal government has already pre-empted the field. The lawsuits bring a new narrative voice—that of judges—into the boiling U.S. immigration debate. Judges engage the controversy over local enforcement of immigration enforcement, as they have other contentious disputes, both as pragmatic (...) decision-makers and as spokespersons for justice. The tensions this dual role entails are explored here in the context of a single, controversial case. Close-up analysis of the judge’s narrative strategy reveals a range of specific techniques to create moral distance from a decision, combined, ironically, with the enlistment of moral themes to justify the ruling. The inter-twining of rule-of-law and justice rhetoric mirrors and also shapes a broader politics of justice in the United States. (shrink)

One of the most significant shifts in current thinking on war and gender is the recognition that rape in wartime is not a simple by-product of war, but often a planned and targeted policy. For many feminists ‘rape as a weapon of war’ provides a way to articulate the systematic, pervasive, and orchestrated nature of wartime sexual violence that marks it as integral rather than incidental to war. This recognition of rape as a weapon of war has taken on legal (...) significance at the Rwandan and Yugoslav Tribunals where rape has been prosecuted as a crime against humanity and genocide. In this paper, I examine how the Rwanda Tribunal’s record of judgments conceives of rape enacted as an instrument of the genocide. I consider in particular how the Tribunal’s conception of ‘rape as a weapon of war’ shapes what can be known about sexual violence and gender in the Rwandan genocide and what cannot, the categories of victims legally recognised and those that are not, and the questions pursued, and those foreclosed, about the patterns of violence before and during the genocide. (shrink)

Psychopaths appear to be ‘creatures apart’ – grandiose, shameless, callous and versatile in their violence. I discuss biological underpinnings to their pale affect, their selective inability to discern fear and sadness in others and a predatory orienting towards images that make most startle and look away. However, just because something is biologically underpinned does not mean that it is innate. I show that while there may be some genetic determination of fearlessness and callous-unemotionality, these and other features of the personality (...) may arise from developmental failures in the interpersonal reception of their emotions, needs and their sense of self. One is unlikely to be able to own inner experiences if shamed for having them, or if, having them, one does not know how to regulate and soothe. So psychopaths may learn to attend away and suppress them. Rather than a fully inherited difficulty, they may have become unable to reflect on inner states, so meta-emotions and self-reflective emotions like guilt and shame do not fully arise. They retain enough sensitivity to know their difference, and hide. I suggest that psychopaths are characterised by a nested sense of self, arising from the surprising effect of shame on these seemingly shameless characters. They do not have an integrated sense of self across context or across time or in relation to a generalised social other. With a nested sense of self, diminished intensity and scope of affective experience (in both directly experienced and vicarious forms) they lack textured access to a personal, owned and integrated past. Thus they lack the kind of access to the past required for a motivationally compelling planning of the future. They lack the emotional investment in the future that enables us to overcome the motivation to act opportunistically and myopically. These individuals live strangely in time. They have a fugitive sense of self and live nimbly among many pasts. They present an elegant and coherent mask to the person they are addressing in the moment and generate possible futures without conviction. (shrink)