Incest is a crime in most societies. In the United States, incest is punishable in almost every state with sentences going as far as 20 and 30 years in prison, and even a life sentence. Yet the reasons traditionally proffered in justification of criminalization of incest—respecting religion and universal tradition; avoiding genetic abnormalities; protecting the family unit; preventing sexual abuse and sexual imposition; and precluding immorality—at a close examination, reveal their under- and over-inclusiveness, inconsistency or outright inadequacy. It appears that (...) the true reason behind the long history of the incest laws is the feeling of repulsion and disgust this tabooed practice tends to evoke in the majority of population. However, in the absence of wrongdoing, neither a historic taboo nor the sense of repulsion and disgust legitimizes criminalization of an act. (shrink)

Readers of Plautus’ Poenulus are struck by the generally ‘sympathetic’ portrayal of the title character Hanno, a portrayal somewhat surprising to us since the play was produced shortly after the Second Punic War.1 Contrary to what we might expect, Hanno the Carthaginian is neither villain nor scapegoat, and he even exhibits the Roman virtue of pietas.2 However, Hanno's portrayal is not wholly positive, for Plautus delineates his character principally by endowing him with the negative stereotypes of Punic physiognomy, dress, speech, (...) and behaviour familiar to his Roman audience.3 Hanno's Punic ethnicity is not merely an incidental matter of fact, as it is with his relative Agorastocles, but an essential part of his characterization that serves to isolate him from all the other characters of the palliata. While some of Hanno's vices—deceit, licentiousness, and effeminacy—are not exclusive to Carthaginians and are shared by other Greek characters in the palliata, there is one vice peculiar to Hanno. In this paper I argue that Plautus ridicules Hanno through arecurrent insinuation of incest. The insinuation of incest has not, to my knowledge, been noted previously, but our text does imply it in three conspicuous places. (shrink)

Cet article vise à décrire la possibilité de travailler en institution de manière groupale avec une famille d’accueil et un enfant placé au long cours. En s’appuyant sur le suivi thérapeutique d’une enfant et de son assistante familiale, l’auteur privilégie l’aspect clinique. Les concepts présentés traitent de l’affiliation en tant que potentiel recours à la résolution d’un trauma sur les origines. Le cadre thérapeutique correspond au néo-groupe, sa contenance et l’émergence progressive de souvenirs, travaillés par des médiations. Les chaînes associatives (...) groupales sont fonction du transfert et du contretransfert au sein d’une structure médico-sociale. L’article passe en revue différentes temporalités thérapeutiques jusqu’à l’étape d’un assouplissement de certains mécanismes de défense. Le réel des faits est cependant toujours resté hors champ. (shrink)

This paper is a response to recent student protests at South African universities, and the essentialising rhetoric and practices that characterise South African public debates. I explore the likely responses of white South Africans to views that seem to make their whiteness inescapable and necessarily morally bad.

This book presents a novel account of the aesthetics of animals. The author argues that the appreciation of animal beauty carries profound ethical consequences for our relations to our fellow creatures.

Claims that the self and experience in general are narrative in structure are increasingly common, but it is not always clear what such claims come down to. In this paper, I argue that if the view is to be distinctive, the element of narrativity must be taken as literally as possible. If we do so, and explore the consequences of thinking about our selves and our lives in this manner, we shall see that the narrative view fundamentally confusues art and (...) life. We learn from art itself that our selves and lives transcend narratives and that thinking in a narrative manner ignores the rich complexity of individual persons. Footnotes1 I am grateful to John Cottingham, Galen Strawson, Bart Streumer and Douglas Farland for helpful comments on an earlier draft of this paper. (shrink)

Our attitude towards cynicism is ambivalent: On the one hand we condemn it as a character failing and a trend that is undermining political and social life; on the other hand, we are often impressed by the apparent realism and honesty of the cynic. My aim in this paper is to offer an account of cynicism that can explain both our attraction and aversion. After defending a particular conception of cynicism, I argue that most of the work in explaining the (...) fault of cynicism can be done by referring not to the cynic’s beliefs about humanity, but to the attitude cultivated as a response to that belief. This attitude is hostile to the virtues of faith, hope and charity, upon which relationships and our sense of moral community depend. In conclusion, I suggest that holding the cynical belief is itself immoral, and that cynicism is disrespectful and destructive of morality. (shrink)

Taking hunting as an example, an account of animal beauty as animation can be developed. Our delight in many kinds of animals is crucially a matter of an aesthetic property which can be called “the animate” or “animation.” A proper response to animate animal beauty is a virtuous character trait that hunters lack. The beauty of animals calls for particular responses from observers: it brings along certain duties and requires the cultivation of certain traits of character—ones that are incompatible with (...) hunting animals. An argument against hunting animals can move from aesthetic value to ethical value relying on the aesthetic notion of disinterestedness. (shrink)

This is an essay in appreciation of The Abundant Herds, a study of the ama-Zulu's naming practices for their Nguni cattle. The book reveals an aesthetic vision in which contemplative and practical attention are intertwined and a complex classificatory system does not undermine an appreciation of the individuality of the cattle. The book and the practices it celebrates permit a richer account of the beauty of farm animals to the standard functionalist approach.

This paper replies to the responses in this special issue to my essay, ‘How Do I Live in This Strange Place?&rsquo.

It seems to be a phenomenon of contemporary life that we consider goodness embarrassing and rather dull. In contrast, the activities and inner lives of villains are deemed more complex and fascinating than those of good people. This paper attempts to understand the conception of goodness that underlies this phenomenon, and I suggest that informing it is the combination of two ideas, in tension with each other: firstly, a distorted understanding of the ancient conception of full virtue as the absence (...) of all inner conflict; and secondly, the intuition that real goodness is only apparent and generated in inner conflict. In response, I offer an alternative picture of goodness as an ongoing, active and progressive relation to value, and conclude that in order to render goodness attractive again we need more adequate portraits of goodness from both philosophy and art. (shrink)

In this paper I discuss Gillian Brock’s and Michael Blake’s discussion of emigration in Debating Brain Drain in relation to the particular case of South Africa, and explore whether skilled white people have a duty to remain in the country. Focusing on the role of community in this debate, I argue that communities and allegiances in South Africa are still too divided and antagonistic for them to play the duty-grounding role that Brock requires.

This paper considers Tabensky's method of critical introspection, and in particular the conception of personhood that informs it. By interrogating the lives of pure hedonism, divinity and immortality from our already existing conception of personhood, Tabensky argues that such lives are incompatible with what it is to be a person, and desiring to live them is therefore irrational. Concentrating on the example of immortality, I argue that, while there are undoubtedly disadvantages associated with the immortal life, these are contingent rather (...) than essential to the notion of being a person. In fact, we have very little idea of the boundaries of that concept. The paper concludes by looking at the consequences of Tabensky's approach for issues surrounding moral vision and improvement, and new technologies of the person. S. Afr. J. Philos. Vol.23(4) 2004: 365-374. (shrink)

Gerald Dworkin's influential account of Personal Autonomy offers the following two conditions for autonomy: Authenticity - the condition that one identify with one's beliefs, desires and values after a process of critical reflection, and Procedural Independence - the identification in must not be "influenced in ways which make the process of identification in some way alien to the individual" . I argue in this thesis that there are cases which fulfil both of Dworkin's conditions, yet are clearly not cases of (...) autonomy. Specifically, I argue that we can best assess the adequacy of Dworkin's account of autonomy through literature, because it provides a unique medium for testing his account on the very terms he sets up for himself - ie. that autonomy apply to, and make sense of, persons leading lives of a certain quality. The examination of two novels - Kazuo Ishiguro's The Remains of the Day and Henry James's The Portrait of a Lady - shows that Dworkin's explanation of identification and critical reflection is inadequate for capturing their role in autonomy and that he does not pay enough attention to the role of external factors in preventing or supporting autonomy. As an alternative, I offer the following two conditions for autonomy: critical reflection of a certain kind - radical reflection, and the ability to translate the results of into action - competence. The novels demonstrate that both conditions are dependent upon considerations of the content of one's beliefs, desires, values etc. Certain of these will prevent or hinder the achievement of autonomy because of their content, so autonomy must be understood in relation to substantial considerations, rather than in purely formal terms, as Dworkin argues. (shrink)

The present volume contains a selection of papers presented at the conference Mapping Parameters of Meaning, an event organized by the GReG (Groupe de Rèflexion sur les Grammaires) linguistics research group in the Language Department of the University of Paris Ouest Nanterre on November 19-20, 2010. The book addresses the description of meaning construction processes, and the necessity for new linguistic interface-tools to analyze it in its dynamic and multi-dimensional aspect. Syntax, grammar, prosody, discourse organization, subjective and situational filters are (...) not considered as autonomous systems; on the contrary, they are shown to systematically converge in the process of meaning construction and interpretation. The notion of context is discussed throughout the volume, a major concern being to try and define the precise nature of the link between variable contextual parameters and stable linguistic systems. The book will be of value to anyone interested in the interaction between syntax, semantics and pragmatics in the gradual construction and interpretation of meaning in natural languages, including researchers, students and scholars of formal linguistics, cognitive linguistics and discourse analysis. (shrink)

Few contemporary philosophers have made as wide-ranging and insightful a contribution to philosophical debate as John Cottingham. This collection brings together friends, colleagues and former students of Cottingham, to discuss major themes of his work on moral philosophy. Presented in three parts the collection focuses on the debate on partiality, impartiality and character; the role of emotions and reason in the good life; the meaning of a worthwhile life and the place of theistic considerations in it. The original contributions to (...) this volume celebrate Cottingham’s work by embracing and furthering his arguments and, at times, in the best spirit of philosophical engagement, challenging and confronting them. The volume concludes with Cottingham’s specially commissioned responses to the contributions. (shrink)

This volume of contributed, previously unpublished essays focuses on general theoretical, meta-ethical and aesthetic issues in philosophy and the ways in which ...

"Annual General Meeting Members Lunch." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (202), pp. 17.

In lieu of an abstract, here is a brief excerpt of the content:IntroductionSpatial, Environmental, and Ecocritical Approaches to Holocaust MemoryEmily-Rose Baker (bio), Michael Holden (bio), Diane Otosaka (bio), Sue Vice (bio), and Dominic Williams (bio)The successful implementation of genocide during the Holocaust depended on the spatial organisation of mass murder. From the concentrated ghettos and camps delimited by walls and barbed wire to the open fields and camouflaged forests where victims were shot en masse, Anne Kelly Knowles et al. argue, (...) specific locations, patterns of migration, deportation and evacuation, and other spatial elements such as scale, were all central to the Nazi regime's creation of a "comprehensive geography of oppression."1 This is hardly surprising given the biopolitical logics and colonial fantasies underpinning Lebensraum ('living space'), the territorial concept guiding the genocidal aims of the Third Reich, which designated zones of life as well as the inverse on the European continent. The Holocaust was also experienced spatially by its victims, who were forced to navigate new (and at times familiar) sites and landscapes as those of genocide, and whose testimonies in the aftermath of the event conjured these very places in detail.In recent years, the spaces of the Holocaust have been variously revisited, reconstructed, and reimagined within Holocaust studies scholarship. As a broader part of the 'spatial turn' in the humanities, Holocaust scholars have increasingly employed spatial perspectives of the event to deepen our understanding of the environments in which the Holocaust took place and the transformation of these spaces over time—particularly in the fields of history and social science.2 While drawing on diverse modes of spatialisation from interdisciplinary perspectives, contributions from these fields have tended to privilege methods we might describe as variously 'forensic,' including mapping, model-making, and investigations of material traces of the past.3 This work has resulted in many significant insights, not only into the [End Page 1] contexts and structures of Nazi genocide and the perpetrator imaginings of space, but also the experiences of victims and survivors.4Another significant body of work has attended to space and culture within Holocaust contexts. From early on in the postwar period, particular locations and buildings became identified with the Holocaust, such as the notorious entrance guard house at Auschwitz-Birkenau, which appears on countless book covers as well as within films and artworks. Engaging with spatial insights and methodologies from the perspective of cultural and memory studies, scholars have attested to the production and mnemonic significance of these and less well-known sites, as well as the symbolic spatial worlds and experiences to which they give rise. These include Paul Jaskot and Gavriel Rosenfeld, who have turned respectively to Holocaust and post-Holocaust architectures as commonly overlooked sites of history and memory. Drawing attention to the construction of Holocaust space, Jaskot shows how reading architecture 'as process' rather than static structures laden with symbolic meaning reveals unique histories of forced labor in which "the goals of the SS intersected with victims' experience."5 Rosenfeld demonstrates the ways in which spaces built in response to Nazi genocide after 1945 have been variously "imbued with Jewish significance" by their users and creators, resulting in the rise to prominence of Jewish-identified architects.6 Along similar lines, Michael Meng's work has explored the ways in which Jews and gentiles interact with ruined synagogues, cemeteries and Jewish districts as important remnants of pre-war Jewish life in the post-war period in German and Polish cities.7Studies such as those noted above have tended to focus on cities and public buildings, as well as state and civic policy. But as the spatial histories and geographies of the Holocaust have helped to show, extermination often took place in rural settings (mostly located in Central and Eastern Europe), such as the killing fields where Jews were shot en masse; the forests where victims hid and were hunted by Germans and local collaborators; or the open spaces of the dissolving Reich through which former concentration camp inmates were forced to march during the final year of the war—sites in which, owing to less contained spatial dynamics, violence played out differently.8These kinds of sites, which are sparsely documented and often simply thought of... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 26.2 (2002) 260-272 [Access article in PDF] Tragic Conflict and Greatness of Character Ariel Meira IT IS A SURPRISING FACT that some of our best literary examples of greatness of character are of persons acting in a way that involves them in a terrible burden of guilt. As spectators we perceive Oedipus, in Sophocles's Oedipus the King, 1 as one who upon discovering the identity of (...) his father and mother affirms that he bears guilt for killing the former and committing incest with the latter, and we typically concur in some vague way with his affirmation. 2 We do not, after all, think that his affirmation is merely the consequence of some confusion about morals on his part, and that he would have been more justified in treating his discovery with a light conscience. Furthermore, it seems that our conception of his greatness is intimately bound up with our being acquainted with him as someone who acted so as to render himself profoundly guilty in this way. What is paradoxical is that moral taint would be expected to reduce our admiration for a character and our attribution of greatness to it. Why then should noteworthy paradigms of greatness of character be morally tainted characters? Can we make sense of the idea that some kinds of guiltiness might be constitutive of greatness of character?As it is well-known, Aristotle says that in order for a tragedy best to achieve its desired effect, it should portray a protagonist "who is not pre-eminent in moral virtue, who passes to bad fortune not through vice or wickedness, but because of some hamartia...." 3 The term "hamartia" is variously translated as "piece of ignorance," "miscalculation," and "error of judgment," but as O. B. Hardison notes, it must be treated as designating a moral flaw, because it renders the protagonist [End Page 260] less than "pre-eminent in moral virtue." 4 However, even if the term is interpreted as covering what I have described as the moral taint associated with greatness of character, it should be clear that Aristotle does not provide here an answer to my question. At best he can be viewed as explaining why morally tainted characters of this sort are crucial to achieving tragic effect. He is not explaining how it is that such characters can be viewed as paradigms of greatness.I propose not to treat this paradox in its most general form, but rather by confining my attention to an interesting subclass of cases. What I have in mind are cases in which a protagonist finds himself or herself in what I shall call circumstances of tragic conflict. Such circumstances determine that a choice must be made between two (or perhaps more) courses of action, even though each of the courses involves the violation of an important moral claim, or the destruction of a crucial value. As spectators or readers, we typically perceive the protagonist as emerging with a heavy burden of guilt (much in the way noted above regarding Oedipus), and we recognize that he or she was bound to emerge guilty, no matter which course of action would have been chosen. Cases such as that of Agamemnon (bearing guilt for the sacrifice of his daughter Iphigenia in Aeschylus's Agamemnon), 5 of Jephthah (again bearing guilt for the sacrifice of his daughter, in Judges 11), 6 and of Orestes (bearing guilt for the murder of his mother Clytemnestra in Euripides's Orestes) 7 belong quite uncontroversially to this subclass. 8These protagonists make difficult choices, and carry them out with courage and resolution, qualities which explain to some extent our perception of them as possessing greatness of character. But in making their choice, they necessarily render themselves guilty, whether or not they have made the correct choice (assuming there is a correct choice in the circumstances). And we sense that suffering the peculiarly poignant pain which accompanies their guilty action is at least partly constitutive of their greatness. Clearly, we are faced again with the paradox of the association of guilt with greatness of character.In... (shrink)

In 1992, the United States Supreme Court, in Planned Parenthood of Southeastern Pennsylvania v. Casey, upheld the ruling in Roe v. Wade, namely that women have a right “to choose to have an abortion before viability and to obtain it without undue interference from the State.”1 However, since this ruling, some states have imposed regulations that greatly limit this right by restricting access. Texas is a recent example of this. Two proposed restrictions in House Bill 2, which will be discussed (...) in detail below, will force all but eight clinics that are located in metropolitan areas to shut down. The U.S. Supreme Court put the proposed restrictions on hold in October 2014, allowing several clinics to remain open while the restrictions are being appealed in the U.S. Court of Appeals for the Fifth Circuit. If the restrictions are passed, however, those clinics will be forced to shut down and, as a result, many women in Texas will be required to travel more than 100 miles in order to access a safe and legal abortion. Much of the focus of these restrictions has been on women and rightly so. However, I want to turn the attention to physicians. The requirements exacerbate unfair treatment of abortion providers compared with other physicians. Abortion providers face threats from the public—some of which turn into violent attacks—and they are often ostracized by their fellow medical practitioners. There are so few abortion providers to begin with and the proposed requirements limit these physicians’ opportunities to practice the branch of medicine of their choosing. Although the HB 2 requirements may not result in an unconstitutional undue burden on physicians, the challenges created by the bill limit physicians’ abilities to provide abortions. As a result of these limits, HB 2 creates an unconstitutional undue burden for women seeking abortions by creating barriers directed at abortion providers and clinic staff who are willing and able to provide abortions. The first of the two controversial HB 2 requirements is the admitting privileges requirement: “A physician performing or inducing an abortion must, on the date the abortion is performed or induced, have active admitting privileges at a hospital that is located not further than 30 miles from the location at which the abortion is performed or induced.”2 The second requirement is the ambulatory surgical center requirement: “The minimum standards for an abortion facility must be equivalent to the minimum standards adopted under [Texas Health & Safety Code] [...] for ambulatory surgical centres.”3 In order to meet these state-mandated obligations, some abortion clinics would have to spend more than $1 million in upgrades if they wish to remain open. The District Court decided that the ambulatory surgical center requirement places an unconstitutional undue burden on women, and that the two requirements together place an undue burden on women in Texas and especially in the Rio Grande Valley where the nearest clinic is a couple hundred miles away.4 Later, the U.S. Court of Appeals for the Fifth Circuit reversed the District Court’s decision and argued, “the admitting privileges requirement is constitutional on its face.”5 While the regulations are being appealed, the Supreme Court granted a stay of injunction, allowing about twelve abortion clinics to reopen until a final decision regarding the regulations is made. The District Court ruled that the purpose of the two regulations was to create a substantial obstacle for women seeking abortions in Texas. While the defendants argued that the regulations were designed to make abortions safer and reduce risk, the Court decided that this was not the case. An abortion, especially a first-term abortion, is a very safe procedure and is safer than many other routine surgical procedures. As stated in Planned Parenthood v. Casey, “Unnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion impose an undue burden on the right.”6 The undue burden in this case is imposed, not through restricting women’s access directly, but by restricting physicians’ freedom to perform abortions. The admitting privileges requirement has reduced the number of physicians who can perform abortions and the ambulatory surgical center requirement has reduced the number of clinics where abortions can be performed. The American Medical Association states, “[t]he Principles of Medical Ethics of the AMA do not prohibit a physician from performing an abortion in accordance with good medical practice and under circumstances that do not violate the law.”7 This means that physicians are not required to perform abortions, except in emergency situations, but can as long as the procedure is done safely and does not violate the law. The new Texas regulations, however, are so restrictive that few abortion providers, limited to only four urban areas, can legally perform abortions. Physicians do not have an absolute right to perform abortions as opposed to women who have an absolute right to have access to an abortion. Physicians do face many challenges that other professionals face in terms of obtaining qualifications and finding work. Abortion providers, however, face challenges that most other physicians do not. The restrictions imposed by these regulations exacerbate unfair treatment toward abortion providers and place further obstacles in their path in terms of providing the service they want and are qualified to provide. Both abortion clinics and abortion providers are being treated differently from other medical clinics and physicians. For instance, “grandfathering of existing facilities and the granting of waivers from specific requirements is prohibited for abortion providers, although other types of ambulatory surgical facilities are frequently granted waivers or are grandfathered.”8 Many abortion clinics cannot afford the necessary upgrades. Furthermore, it is extremely expensive to open a brand new clinic that complies with the ambulatory surgical center requirements. Being grandfathered in would be the only option available to abortion clinics that cannot afford the upgrade. However, unfair treatment of abortion clinics and providers is preventing those clinics from being grandfathered into the new system. As a result, many abortion clinics may be forced to close. Admitting privileges are proving difficult or impossible for physicians both to obtain and, for those who have already been granted privileges, to keep. Dr. Sherwood Lynn, an obstetrician-gynecologist who has performed abortions for decades, describes the process of obtaining admitting privileges and the difficulties abortion providers face. After sending in an application a physician must wait for the hospital to send them the required materials, “but if the address of the practice on the application is of an abortion provider or clinic, [the hospital] won’t send [them] the package of materials required. [They] simply can’t apply.”9 Dr. Lynn and several other physicians have surmised that hospitals are only withholding privileges from qualified physicians who perform abortions and that other physicians do not face this discriminatory treatment. Hospitals have also revoked privileges granted to physicians after learning that the physicians perform abortions. For instance, in Texas two doctors, “received notices [...] informing them that their admitting privileges to the University General Hospital of Dallas have been revoked, with the hospital’s CEO claiming the hospital was unaware they were providing abortion care and that the hospital believed such care would damage its reputation.”10 What is curious about this revocation is that, “federal and state laws [...] forbid hospitals from discriminating against doctors who perform abortions,” and yet hospitals are clearly doing just that.11 Dr. Pamela Richter, another abortion provider in Texas, had her temporary admitting privileges revoked with no explanation and because of this, the clinic where she performed abortions, Reproductive Services, can no longer provide abortions at all.12 As the hospital gave no reason for the revocation, it not clear Dr. Richter’s privileges were revoked because she performs abortions. Dr. Richter, however, has performed over 17,000 abortions and her privileges were revoked soon after HB 2 was introduced.13 According to the Texas Hospital Association, giving admitting privileges to doctors who do not work for the hospital is expensive and time-consuming but this does not account for the fact that hospitals are revoking previously granted privileges from physicians whom they learn are providing abortion services.14 As mentioned previously, the District Court found that the admitting privileges requirement and the ambulatory surgical center requirement do not further ensure the health and safety of women undergoing an abortion. Several physicians have testified to this fact. Dr. Lynn stated in an interview: The admitting privileges requirements are [...] absolutely unnecessary. If you have a number of patients waiting for procedures, and something happens and a patient needs to be transferred to a hospital, you’re not going to leave everyone else and go to the hospital. That makes no sense. You’re going to refer that person to a gynecologist at the hospital. There is no safety issue involved here. If a patient shows up with an emergency, every hospital is required to admit that patient. They have to by law.15 It is rare that complications will arise from an abortion performed in a clinic. Dr. Richter, for example, has performed more than 17,000 abortions and not once had to send a patient to a hospital because of complications resulting from the procedure. According to Dr. Lynn even if abortion providers were granted privileges to hospitals, it is unlikely that they will exercise them. In essence, having admitting privileges at a hospital does nothing to further ensure the safety of an already safe procedure. The only result of the admitting privileges requirement is to limit certain physicians’ ability to perform legal abortions. Not only do the HB 2 requirements fail to further ensure the health and safety of women, the HB 2 requirements may actually create more health risks to women who cannot access the eight remaining clinics. The first risk is that the remaining clinics would have an influx of patients that they may not be able to handle, forcing women to wait longer for an appointment. As stated by the District Court, “[e]ven assuming every woman in Texas who wants an abortion [...] could travel to one of the four metropolitan areas where abortions will still be available, the cumulative results of HB 2 are that, at most, eight providers would have to handle the abortion demand of the entire state.”16 Furthermore, “[t]hat the State suggests that these seven or eight providers could meet the demand of the entire state stretches credulity.”17 Abortion is a time sensitive procedure. It is safest when performed early in a pregnancy. The increase in patients to these remaining clinics, assuming all women in Texas can access them, will increase wait times and may force women to have abortions later in pregnancy. In the worst-case scenario, a woman would not see an abortion provider at all before viability. Such instances may be rare, but they are possible. In such cases, women’s access to legal abortions becomes impossible and thereby violate the ruling in Roe. Clinics may be able to avoid the aforementioned problems if they hire more physicians. However, there are two barriers to hiring more physicians. First, as mentioned previously, admitting privileges to Texas hospitals are difficult, if not impossible, for abortion providers to obtain. Second, given the negative treatment of abortion providers by anti-abortion groups, many physicians are not willing to perform abortions. The harassment abortion providers face is unique to those physicians and many physicians will not perform abortions for that reason. In an article published in the Austin Chronicle, anti- abortion activist Abby Johnson, “discusses how her group investigated appraisal district records to find the new location of where an Austin abortion physician plans to work.”18 Johnson states, “These abortionists are feeling the pressure from the pro-life movement in Texas. I think they feel like they’re on the run. And that’s how we want to keep it.”19 If the HB 2 requirements are passed and there remain at most eight abortion providers in Texas, these activists will concentrate on those clinics and, “the dangerous impact of their intimidation tactics will be exacerbated.”20 Even if the number of physicians needed to meet the demand in Texas can obtain admitting privileges and work at one of the remaining clinics, they may choose not to do such work because they are putting themselves at risk. The harm abortion providers face from such anti-abortion groups is not unique to Texas. There are stories from all over the country and from other countries where abortion is legal of physicians receiving death threats. Dr. George Tiller, an abortion provider in Kansas, was killed outside his church and had received numerous death threats prior to this. The HB 2 requirements are making it so that abortion providers either cannot provide their services any longer or will face increased threats and increased danger to themselves. Physicians are allowed to conscientiously object to providing medical interventions in certain circumstances for moral and religious reasons. However, there are limits on this right. According to the American Congress of Obstetricians and Gynecologists, “[w]hen conscientious refusals conflict with moral obligations that are central to the ethical practice of medicine, ethical care requires that the physician provide care despite reservations or that there be resources in place to allow the patient to gain access to care in the presence of conscientious refusal.”21 I would argue fear for one’s safety in the face of immediate threats is perhaps a stronger ground on which to refuse to provide care than a personal belief that abortion is immoral or against one’s religion. ACOG also states, “[p]roviders with moral or religious objections should either practice in proximity to individuals who do not share their views or ensure that referral processes are in place so that patients have access to the service that the physician does not wish to provide.”22 This responsibility has been largely disputed by the medical community but in cases of rape, incest, and health risks to women, referrals must be made without exception. However, under the requirements of HB 2, working in proximity to an abortion provider may not be possible because they are so geographically limited. Referrals are supposed to be made within reason. Some areas of Texas, such as the Rio Grande Valley, are up to 200 miles away from the nearest clinic that would remain open if HB 2 is passed. Referrals may simply not be feasible given the geographical distances and the decreasing number of available physicians. As mentioned above, there are two risks to the health and safety of women as a result of HB 2. The second of these is that if a woman cannot access one of the remaining clinics, she may seek out a more convenient but illegal and unsafe abortion, which is far more likely to result in a dangerous complication. Dr. Lynn states, “[b]ecause of the restrictions lawmakers impose, women will seek abortions illegally, and we’re going to see a rise in septic abortions.”23 Some areas of Texas might effectively revert back to a pre-Roe era where abortions were performed in unsanitary conditions by unqualified people resulting in dangerous medical complications far more often than legal abortion procedures do now. Physicians like Dr. Lynn who want to prevent this from happening generally cannot do so without facing legal sanction. Physicians have a duty to provide safe medical care and if they cannot obtain admitting privileges, they cannot exercise this duty. ACOG released a statement expressing their objections to the new requirements. They state that HB 2 is, “plainly intended to restrict the reproductive rights of women in Texas through a series of requirements that improperly regulate medical practice and interfere with the patient-physician relationship.”24 Executive Vice-President of ACOG, Hal C. Lawrence III stated: The Texas bills set a dangerous precedent of a legislature telling doctors how to practice medicine and how to care for individual patients. ACOG opposes legislative interference, and strongly believes that decisions about medical care must be based on scientific evidence and made by licensed medical professionals, not the state or federal government.25 Abortion is one of only a few areas of medicine where the legislature imposes so many regulations restricting particular physicians’ ability to practice medicine. Not only are abortions providers being regulated by the state, they are also facing clear discrimination from others within the medical community. The state is closing down clinics that do not meet the ambulatory surgical center requirements and hospitals are denying physicians admitting privileges because they perform abortions. In summary, abortion providers are being discriminated against both by the legislature and other members of the medical community. Other physicians who do not perform abortions are not denied admitting privileges on discriminatory grounds. Clinics that cannot afford upgrades to become an ambulatory surgical center are being grandfathered in, while abortion clinics are being forced to close down. Ob-Gyns who conscientiously object to performing abortions and who are not located in close proximity to at least one abortion provider cannot effectively fulfill their duty to refer patients. Lastly, given the barriers these regulations will create, there will likely be a rise in complications resulting from abortions provided under grossly unsafe conditions. Physicians, whose duty it is to provide safe and effective medical care, are being denied the right to exercise this duty. While this denial may not be unconstitutional, it is certainly unjust and discriminatory and creates obstacles that other physicians do not face. Most importantly, these obstacles are creating an undue burden for women. The HB 2 requirements do not increase the health and safety of abortions; all they do is create substantial obstacles for women. In light of these observations, the requirements seem to me to be in clear violation of Casey, in which it was decided that, “[u]nnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion impose an undue burden on that right.”26 These regulations do just what Casey was meant to prohibit and this is accomplished through limiting physicians’ ability to practice safe abortions across the state of Texas. Therefore, the HB 2 requirements may not impose an undue burden on doctors but they do impose an undue burden on women. PDF available: Rachel Hill, "Texas HB 2," Voices in Bioethics. References: 1 Planned Parenthood of Southeastern Pennsylvania v. Casey, pg. 2. 2 Whole Women’s Health v. Lakey, pg. 2. 3 Ibid. 4 Ibid., 4. 5 Ibid., 2. 6 Planned Parenthood v. Casey, pg. 16 7 AMA Code of Medical Ethics, “Opinion 2.01 – Abortion,” American Medical Association. 8 Whole Women’s Health v. Lakey, pg. 10. 9 Dr. Sherwood Lynn, “A Texas Ob-Gyn Details the Horrific Consequences of Abortion Restrictions,” Cosmopolitan. 10 Feminist Newswire, “Texas Hospitals Revoke Admitting Privileges to Abortion Providers,” Feminist Majority Foundation Blog. 11 Ibid. 12 Ibid. 13 Ibid. 14 Glenn Hegar, “Texas Hospital Association’s Statement of Opposition to Section 2 of the Committee Substitute for Senate Bill 5,” Texas Hospital Association. 15 Dr. Lynn, “A Texas Ob-Gyn.” 16 Whole Women’s Health v. Lakey, pg. 10. 17 Ibid. 18 Mary Tuma, “Undercover Audio Reveals Anti-Abortion Tactics: Anti-abortion activists monitor and track providers, patients,” Austin Chronicle. 19 Ibid. 20 Ibid. 21 Committee on Ethics, “The Limits of Conscientious Refusal in Reproductive Medicine,” The American Congress of Obstetricians and Gynecologists. 22 Ibid. 23 Dr. Lynn, “A Texas Ob-Gyn.” 24 “Ob-Gyns Denounce Texas Abortion Legislation: Senate Bill 1 and House Bill 2 Set Dangerous Precedent,” The American Congress of Obstetricians and Gynecologists. 25 Ibid. 26 Planned Parenthood v. Casey, pg. 16. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reflections on DuchampBergson ReadymadeFederico Luisetti (bio)Translated by David Sharp[I]nside the person we must distinctly perceive, as through a glass, a set-up mechanism.—Henri Bergson, Laughter: An Essay on the Meaning of the Comic (1901)In spite of the enormous critical attention paid to Marcel Duchamp’s art and theoretical background, the dialogue with Bergsonism is mostly confined to scattered references and erudite observations.1 Paradoxically, the major obstacle to this encounter has been (...) the immense popularity of Henri Bergson’s philosophy since the initial decade of the twentieth century. Such success has come with a price, however, for the proliferation of neutralizing schematizations has progressively suffocated the specificity of his thought and subsequently impeded the understanding of his epistemological radicalism, so cherished by Duchamp and the historical avant-garde.2Consider, for example, how the specter of Bergson constantly hovers over Linda Dalrymple Henderson’s authoritative discussion of Duchamp’s scientific sources. Although Henderson recognizes the diffuse presence in Duchamp of various Bergsonian motives, because she regards Bergson as the antiscientific philosopher of the “inner self” and of “profound self-expression,”3 Bergsonian notions seem to her incompatible with the artistic revolution prompted by Duchamp. A historiographical exorcism is therefore needed in order to heal the consequences of the traumatic Bergson-Duchamp incest. Herein lies Henderson’s solution: since Duchamp rejects the aesthetic principles of the Puteaux Cubists, he also abandons Bergsonism, which represents their philosophical matrix. Thus, the Bergsonian ideas “undoubtedly” present in Duchamp’s artistic lexicon are nothing but debris accumulated in the course of his battle with the Cubist disciples of Bergson.4To counter these approaches, in the following pages I will map Duchamp’s absorption and creative distortion of Bergsonism,5 concentrating on key terms of both Bergson’s philosophy and Duchamp’s speculations on art: space, “readymade,” delay, body, virtual, circuit, machine.6 I will then discuss the theoretical implications of Duchamp’s Bergsonism and place the readymade7 within its proper context: the deconstruction of the Western metaphysics of reflection. [End Page 77]SpaceBeginning with Time and Free Will (1889), Bergson distinguishes between two types of multiplicities: on the one hand, “duration” (durée), “an internal multiplicity of succession, of fusion, of organization, of heterogeneity, of qualitative discrimination... a virtual and continuous multiplicity that cannot be reduced to numbers,” and on the other, “a multiplicity of exteriority, of simultaneity, of juxtaposition, of order, of quantitative differentiation... a numerical multiplicity, discontinuous and actual.”8 This opposition is generally understood as a clear-cut differentiation between the inner experience of time and the objective consistence of space. In Time and Free Will and Matter and Memory (1896), there are several passages that can be read accordingly, since duration is often described as a continuous, indivisible temporal experience, and space as that which “by definition, is outside us.”9Yet for Bergson space and time are mixed terms, and their internal complexity does not coincide with the semantic distinction between the two multiplicities. Deleuze has clearly formulated the central difficulty that a reductionist theory of space and time would imply, a problem of which Bergson is fully aware. Since the concept of duration has an ontological span, space must find a place within time and vice versa: “If things endure, or if there is duration in things, the question of space will need to be reassessed on new foundations. For space will no longer simply be a form of exteriority.... Space itself will need to be based in things... to have its own ‘purity’” [Deleuze, Bergsonism 49]. Hidden behind the motif of the “spatialization of time,” Bergson has devised a stratified theory of space, whose origins we can trace back to his philosophical apprenticeship [see Heidesick 29–42].Departing from Kant, Bergson introduces a boundary between the “perception of extension” and the “conception of space,” between qualitative space, which he calls “extensity” (étendue), and “abstract,” “homogeneous” space: “We must thus distinguish between the perception of extensity and the conception of space.... [S]pace is not so homogeneous for the animal as for us... determinations of space, or directions, do not assume for it a purely geometrical form” [Bergson, Time... (shrink)

The Platform of the U.S. Republican Party in 2012 contains a promise to overturn the landmark Supreme Court decision, Roe. v. Wade, that laws prohibiting abortion are incompatible with the constitutional right to privacy of pregnant women. The Republican vice presidential nominee, Congressman Paul Ryan, opposes that decision as a matter of conviction. Congressman Ryan says that human life begins at conception, though he adds that abortion should be legal if a woman's pregnancy results from rape or incest, or if (...) the life of the mother is at stake. Despite his reputation among Republicans as an astute thinker, Congressman Ryan's reasoning about abortion is faulty. (shrink)

The Westermarck Effect posits that intimate association during childhood promotes human incest avoidance. In previous work, I articulated and defended a version of the Westermarck Effect by developing a phylogenetic argument that has purchase within primatology but that has had more limited appeal for cultural anthropologists due to their commitment to conventionalist or culture-first accounts of incest avoidance. Here I look to advance the discussion of incest and incest avoidance beyond culture-first accounts in two ways. First, I shall dig deeper (...) into the disciplinary grooves within cultural anthropology that make attractive the view that incest has a naturalness to it that is countered only or primarily by explicit social rules, such as taboos. Second, I further explore the emerging, post-conventionalist view of incest avoidance in a more positive vein by elaborating on the nature of the Westermarckian mechanism and how it relates to such explicit social rules and our innate biological endowments. One general aim here is to overcome the bifurcation between perspectives that are seen as biological and those seen as cultural, preempting or countering the claim that rejecting culture-first accounts entails a form of biological reductionism, a general aim I have pursued in related publications on bioessentialism about kinship. (shrink)

This article defends a version of the Westermarck Effect, integrating existing clinical, biological, and philosophical dimensions to incest avoidance. By focusing on care-based attachment in primates, my formulation of the effect suggests the power of a phylogenetic argument widely accepted by primatologists but not by cultural anthropologists. Identifying postadoption incest as a phenomenon with underexplored evidential value, the article sketches an explanatory strategy for reconciling the effect with the clinical reality of incest, concluding with an explicit argument against culture-first or (...) conventionalist accounts of incest avoidance prevalent in anthropology. (shrink)

This paper proposes a novel educational approach to epistemic vice rehabilitation. Its authors Gerry Dunne and Alkis Kotsonis note that, like Quassim Cassam, they remain optimistic about the possibility of improvement with regard to epistemic vice. However, unlike Cassam, who places the burden of minimizing or overcoming epistemic vices and their consequences on the individual, Dunne and Kotsonis argue that vice rehabilitation is best tackled via the exemplarist animated community of inquiry zetetic principles and defeasible-reasons-regulated deliberative processes. The vice-reduction method (...) they propose is made up of four distinct yet complementary components: (1) positive exemplarism of epistemic virtue (saints), (2) negative exemplarism of epistemic vice (sinners), (3) direct teaching/instruction, and (4) cognitive apprenticeship. Dunne and Kotsonis argue that this pedagogical intervention appropriately considers learnings deriving from forensic scrutiny of both ideal and non-ideal interpersonally calibrated zetetic features integral to knowledge acquisition as well as wider societal influences impacting the development of agents' epistemic character. It bridges research on vice epistemology (Cassam's obstructivist theory), social epistemology (corrupted social processes mitigating against vice rehabilitation), virtue epistemology, and moral exemplarism. (shrink)

Quassim Cassam introduces the idea of epistemic vices, character traits that get in the way of knowledge, such as closed-mindedness, intellectual arrogance, wishful thinking, and prejudice. Using examples from politics to illustrate the vices at work, he considers whether we are responsible for such failings, and what we can do about them.

'Foot stands out among contemporary ethical theorists because of her conviction that virtues and vices are more central ethical notions than rights, duties, justice, or consequences - the primary focus of most other contemporary theorists. This volume brings together a dozen essays published between 1957 and 1977, and includes two new ones as well. In the first, Foot argues explicitly for an ethic of virtue, and in the next five discusses abortion, euthanasia, free will/determination, and the ethics of Hume and (...) Nietzsche. The final eight essays chart her growing disenchantment with emotivism and prescriptivism and their account of moral arguments. All the essays embody to some extent her commitment to an ethics of virtue... Foot's style is straightforward and readable, her arguments subtle, ingenious, and some of them important.' Choice. (shrink)

L’inceste, comme transgression en acte, et l’incestuel, comme séduction narcissique et aliénante, constituent des figures d’une causalité que Spinoza et Freud, dans des perspectives différentes, ont explorée. Appuyée sur les grands principes qui fondent leurs démarches respectives, la confrontation de leurs analyses du procès d’individuation, de la filiation et de la transgression conduit à un éclairage réciproque des deux doctrines : apparaissent alors nettement certains de leurs points de convergence théorique comme leurs dissemblances. Elle permet aussi la reconstitution théorique de (...) la genèse et de la nature de l’inceste dans ses trois principales formes, en tant qu’objet d’interdit social, inceste psychique et inceste en acte. Loin d’être l’effet de désirs sexuels conduisant à la transgression de la loi, l’inceste résulte de son absence, et de la persistance de liens fusionnels qui manifestent à la fois les difficultés et l’immaturité des individus qu’ils unissent. (shrink)

L’inceste, comme transgression en acte, et l’incestuel, comme séduction narcissique et aliénante, constituent des figures d’une causalité que Spinoza et Freud, dans des perspectives différentes, ont explorée. Appuyée sur les grands principes qui fondent leurs démarches respectives, la confrontation de leurs analyses du procès d’individuation, de la filiation et de la transgression conduit à un éclairage réciproque des deux doctrines : apparaissent alors nettement certains de leurs points de convergence théorique comme leurs dissemblances. Elle permet aussi la reconstitution théorique de (...) la genèse et de la nature de l’inceste dans ses trois principales formes, en tant qu’objet d’interdit social, inceste psychique et inceste en acte. Loin d’être l’effet de désirs sexuels conduisant à la transgression de la loi, l’inceste résulte de son absence, et de la persistance de liens fusionnels qui manifestent à la fois les difficultés et l’immaturité des individus qu’ils unissent. (shrink)

This paper is based on two presentations under the auspices of thf Edinburgh Medical Group in 1976. Dr Noble and Professor Mason, explore the incidence of incest and society's attitudes to it from legal, anthropological, medical and social viewpoints. They place this in a world context by looking at the universal prohibition of incest and the theories related to that taboo. In conclusion, they suggest that there seem to be sufficient sensible grounds on which to base a reappraisal of attitudes (...) to incest. Their conclusions are in turn appraised by brief commentaries from a moral philospher and a psychiatrist. (shrink)

Although critics often argue that the new atheists are arrogant, dogmatic, closed-minded and so on, there is currently no philosophical analysis of this complaint - which I will call 'the vice charge' - and no assessment of whether it is merely a rhetorical aside or a substantive objection in its own right. This Chapter therefore uses the resources of virtue epistemology to articulate this ' vice charge' and to argue that critics are right to imply that new atheism is intrinsically (...) epistemically vicious, and it ends with some remarks about the rationality of allowing such intrinsically vicious doctrines to feature within public debate about important matters concerning science, religion, and politics. (shrink)

Cruelty and morality seem like polar opposites – until they join forces. Beware those who persecute in the name of principle... -/- Following in the steps of Michel de Montaigne, the distinguished political philosopher Judith Shklar has argued that cruelty should be considered the supreme evil and that we should put it first among the vices. The essence of cruelty is to wilfully and needlessly inflict pain and suffering on another creature – be it an animal or a human being. (...) Closely related to this vice are malice and sadism, both of which involve taking pleasure or delight in the suffering of others. Although cruelty might not be peculiar to human beings, it is a familiar and pronounced feature of human nature and social life. One important feature of human cruelty is the way that it varies, both with respect to its instruments and when it is occasioned, depending on our particular cultural and social circumstances. With this in mind, we can ask: what is the relationship between cruelty and morality? -/- . (shrink)