This chapter provides a historical account of the transformation of pregnancy through philosophical theory and legal practice. What has remained seemingly consistent across history, though, is the lack of rights a pregnant woman can enjoy. Whilst it may manifest differently across time and place, unfortunately misogynistic attitudes persist, and this is reflected in the continual degrading of the gestator (and gestation), which is reinforced by certain philosophical theorising and technological advancement. We thus urge caution in making philosophical claims about the (...) epistemic transformation in pregnancy, given the epistemic (and other) injustices already faced by pregnant people. We recognise that there are transformations that occur because of pregnancy, but we argue that there ought not be with respect to the pregnant person's autonomy, agency, and control over their bodies. Through an analysis of legal cases, we can see that the practice falls out of line with the theory regarding how pregnant people are treated. But perhaps it is both the theory and the practice that need to change so as to bring them in line. How we theorise about pregnancy is intertwined with our cultural views, our technological advancements, and our medical and legal practices, requiring multi-disciplinary study for a more holistic overview. In this chapter, we contribute to this endeavour by bringing some such strands together, regarding the transformation that pregnancy is, that pregnancy makes, and that pregnancy has had historically, in philosophy, and in legal practice. (shrink)

In J. B. Schneewind's The Invention of Autonomy we are given a monumental history of moral philosophy of the seventeenth and eighteenth centuries, a history more comprehensive and richer in detail than one would have thought possible in a single volume. Though the daunting erudition, agreeably unobtrusive, inspires confidence, it is Schneewind's gift of narrative that makes his book such a pleasure and his story so compelling. Schneewind originally conceived the book, he tells us, to "broaden our historical comprehension of (...) Kant's moral philosophy by relating it to the earlier work to which it was a response", but he does much, much more as he charts the fitful transition from morality as obedience to the later and now widely accepted conception of morality as self-governance. In its broad outline, the story is familiar, beginning with Montaigne's skepticism, moving through modern natural law theory, rationalist, perfectionist, and moral sense responses and ending with Bentham and Kant. But Schneewind adds to acute and deeply informed discussions of Hobbes, Locke, Clarke, Hume, and Kant, clear, often arresting summaries, in varying degrees of detail, of Aquinas, Luther, Calvin, Machiavelli, Suarez, Charron, Grotius, Cumberland, Pufendorf, Thomasius, DuVair, Justus Lipsius, Herbert of Cherbury, Descartes, Gassendi, Whichcote, John Smith, More, Cudworth, Spinoza, Leibniz, Barbeyrac, Malebranche, Nicole, Bayle, Harrington, Shaftesbury, Mandeville, Butler, Price, Adam Smith, Reid, Paley, Hartley, Helvetius, d'Holbach, Bentham, de Sade, Wolff, Crusius, Voltaire, La Mettrie, Diderot, Rousseau, and others. If, as no doubt they will, some readers will fault some of Schneewind's interpretations, none will fail to admire his achievement in ferreting out and combining in such a fascinating narrative the leading ideas of this host of thinkers. It is safe to predict, moreover, that this study will inspire others to explore some of these less-read authors and to produce more fine-grained monographs, and further to deepen our understanding of the period and of the way we have come to think of ourselves. (shrink)

In Smith’s view, the dédoublement that structures any act of sympathy is internalized and doubled within the self. In endeavoring to “pass sentence” upon one’s own conduct, Smith writes, “I divide myself, as it were, into two persons; and … I, the examiner and judge, represent a different character from that other I, the person whose conduct is examined into and judged of” . Earlier in his book, Smith claims that in imagining someone else’s sentiments, we “imagine (...) ourselves acting the part” of that person ; here he pictures us trying to play ourselves by representing ourselves as two different characters. “The first,” writes Smith, “is the spectator, whose sentiments with regard to my own conduct I endeavour to enter into, by placing myself in his situation.” The second character, according to Smith, is “the agent, the person whom I properly call myself, and of whose conduct, under the character of a spectator, I was endeavouring to form some opinion” . In the version of this chapter that appeared in the first edition, Smith made these roles explicitly by stating that “we must imagine ourselves not the actors, but the spectators of our own character and conduct” . In his final exposition, he makes it clear that we are both actors and spectators of our characters. We are actors not just because we appear before spectators played by ourselves but also because, as Smith describes, we personate ourselves in different parts, persons, and characters. The self is theatrical in its relation to others and in its self-conscious relation to itself; but it also enters the theater because “the person whom I properly call myself” must be the actor who can dramatize or represent to himself the spectacle of self-division in which the self personates two different persons who try to play each other’s part, change positions, and identify with each others. Ironically, after founding his Theory of Moral Sentiments on a supposedly universal principle of sympathy, and then structuring the act of sympathy around the epistemological void that prevents people from sharing each other’s feelings, Smith seems to separate the self from the one self if could reasonably claim to know: itself. In order to sympathize with ourselves, we must imagine ourselves as an other who looks upon us as an other and tries to imagine us. Indeed, calling the spectator within the self the person judged of, Smith writes, “but that the judge should, in every respect, be the same with the person judged of, is as impossible, as that the cause should in every respect, be the same with the effect” . Thus the actor and spectator into which one divides oneself can never completely identify with each other or be made identical. Identity is itself undermined by the theatrical model which pictures the self as an actor who stands beside himself and represents the characters of both spectator and spectacle.14 14. Smith’s depiction of the impartial spectator and the relations it creates within the self suggest that he has been reading Shaftesbury. The characterization of the impartial spectator as the “man within the breast” recalls Joseph Butler’s discussion of “the witness of conscience” in his sermons “Upon the Natural Supremacy of Conscience” . Hume discusses the moral value of considering how we appear in the eyes of those who regard us: “By our continual and earnest pursuit of a character, a reputation in the world, we bring our own deportment and conduct frequently in review, and consider how they appear in the eyes of those who approach and regard us. This constant habit of surveying ourselves, as it were, in reflection, keeps alive al the sentiments of right and wrong” . It is Shaftesbury, however, who expounds a “doctrine of two persons in one individual self” as he presents his “dramatic method” …. The terms and figures of theater are clearly inscribed within Smith’s characterizations of sympathy and the impartial spectator but they are clearly informed by Shaftesbury’s meditation on the dramatic character of the self and the problem of theatricality that threatens the self as it appears before the eyes of the world. This interpretation of Shaftesbury is developed at length in my The Figure of Theater. David Marshall, assistant professor of English and comparative literature at Yale University, has written on Rilke and Shakespeare. The present essay is adapted from a chapter of his forthcoming book, The Figure of Theater: Shaftesbury, Defoe, Adam Smith, and George Eliot. (shrink)

The book’s core argument is that an artificial intelligence that could equal or exceed human intelligence—sometimes called artificial general intelligence (AGI)—is for mathematical reasons impossible. It offers two specific reasons for this claim: Human intelligence is a capability of a complex dynamic system—the human brain and central nervous system. Systems of this sort cannot be modelled mathematically in a way that allows them to operate inside a computer. In supporting their claim, the authors, Jobst Landgrebe and Barry Smith, marshal (...) evidence from mathematics, physics, computer science, philosophy, linguistics, and biology, setting up their book around three central questions: What are the essential marks of human intelligence? What is it that researchers try to do when they attempt to achieve "artificial intelligence" (AI)? And why, after more than 50 years, are our most common interactions with AI, for example with our bank’s computers, still so unsatisfactory? Landgrebe and Smith show how a widespread fear about AI’s potential to bring about radical changes in the nature of human beings and in the human social order is founded on an error. There is still, as they demonstrate in a final chapter, a great deal that AI can achieve which will benefit humanity. But these benefits will be achieved without the aid of systems that are more powerful than humans, which are as impossible as AI systems that are intrinsically "evil" or able to "will" a takeover of human society. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Beyond Slavery: Overcoming Its Religious and Sexual Legacies Edited by Bernadette J. BrootenEboni Marshall TurmanBeyond Slavery: Overcoming Its Religious and Sexual Legacies EDITED BY BERNADETTE J. BROOTEN New York: Palgrave Macmillan, 2010. 352 pp. $30.00In her introduction to this edited collection of essays, Bernadette Brooten asserts that religion has long been complicit in the construction and practice of the logic of human enslavement. She provocatively claims that (...) religion and the racial and sexual norms that emerge from religious inquiry have historically [End Page 236] designated women and other bodies that defy white male normativity as inherently “slaveable.” She further contends that the religious and sexual legacies of slavery are not relegated to a moment in time, now past and gone. Rather, contemporary society is the heir of a flesh-and-blood hierarchy that continues to shape its “social values, religious thought, and economic realities” (3). The remnants of enslavement persist among human communities not only as a lived reality that, as Mende Nazer suggests in the epilogue, continues to threaten the lives and life chances of poor women and children throughout the world, but also as a blood memory—a recollection that runs so deep into the social fabric of our theopolitical worlds that in spite of slavery’s superficial obscurity, it remains as the pulse of human everydayness, lurking beneath the surface of daily exchanges.The insidious legacies of slavery that emerge from bigoted God-talk promote dehumanizing racial-sexual stereotypes, dictate the quality of marriage and intimate relationships, corrupt and exploit sexual expression, and drive the development of public policy and law in ways that disproportionately marginalize and disempower women and girls. Consequently, this volume proposes resistance and calls readers to communal action that renounces slavery in all its forms.In parts 2, 3, and 4, the essays detail the racial, religious, and sexual character of slavery by focusing on the experience of black women’s oppression in America. This focus on the varieties of black women’s enslavement—from legal chattel slavery and social-political bondage to incarceration—provides the groundwork for the volume’s subsequent engagement of Christian, Jewish, and Islamic law, which demonstrates how slavery and its concomitant assignment and rationalization of embodied inferiority has been primarily cultivated by sacred texts. In her essay, for example, Sheila Briggs explicitly connects religious belief and dehumanizing practices; she ingeniously links religious textual interpretation with the sexual violence of early Christian gladiatorial practices in ancient amphitheaters.In parts 5 and 6, the volume reintroduces the substance of slavery’s legacies by way of a historical survey that connects enslavement across social contexts. In linking Debra Blumenthal’s discussion of slavery in late medieval Spain and Catherine Clinton’s analysis of the racial hypocrisies of Thomas Jefferson and Strom Thurmond to the problem of the Bible and the oppression it yields for sexual minorities as uncovered by Sylvester Johnson, Brooten exposes the vast and prevailing scope of slavery that affects all of us—women and girls, men and boys, sexual minorities, and even those who dare to fall in love across racial boundaries. In parts 7 and 8, Frances Smith Foster and Dwight Hopkins directly engage the “herstories” of black women who are marked by the legacies of slavery and yet who have consistently resisted in creative and effective ways (271). [End Page 237]Undoubtedly, this volume is a critical contribution to the field insofar as it uncovers an enduring social issue that continues to influence how we engage each other across differences of race, gender, class, and sexuality. The breadth of its disciplinary scope proves to be overwhelming at times. Nonetheless, Brooten’s constructive method serves well to emphasize the titanic complexity of enslavement and the challenge of its demolition.Eboni Marshall TurmanDuke Divinity SchoolCopyright © 2014 Society of Christian Ethics... (shrink)

David Wootton’s latest book is an attempt to show how “Power, Pleasure and Profit” – each related in turn to Machiavelli, Hobbes and Smith’s works – have shaped our modern world because they are “three goods which can be pursued without limits”. Based on a series of six Carlyle Lectures entitled “Power and Pleasure, 1513-1776”, given at the University of Oxford in 2014, the book attempts a major reinterpretation of the ideas of the thinkers of the period from 1500 (...) to 1800. David Woot... (shrink)

Margaret Reynolds: The Child in Poetry Ken Binmore: The Origins of Fair Play James Simpson: Bonjour Paresse: Waste and Recycling in Book 4 of Gower's Confessio Amantis Ian Hacking: Kinds of People: Moving Targets Adam Smith: Nation and Covenant: The Contribution of Ancient Israel to Modern Nationalism Louise Daston: The Marquis de Condorcet and the Meaning of Enlightenment R J Evans: Coercion and Consent in Nazi Germany Robert Douglas-Fairhurst: A E Housman's Rejected Addresses Bernard Bailyn: The Search for Perfection: (...) Atlantic Dimensions John Stachel: Einstein; Ian Donaldson, Shakespeare, Jonson and the Invention of the Author Neil MacCormick: Judicial Independence: Who Cares? Norman Hammond: Recovering Maya Civilisation Roy Foster: 'Now Shall I Make My Soul': Approaching Death in Yeats's Life and Work Robert Darnton: The Devil in the Holy Water: Political Libel in Eighteenth-Century France. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Beyond Slavery: Overcoming Its Religious and Sexual Legacies Edited by Bernadette J. BrootenEboni Marshall TurmanBeyond Slavery: Overcoming Its Religious and Sexual Legacies EDITED BY BERNADETTE J. BROOTEN New York: Palgrave Macmillan, 2010. 352 pp. $30.00In her introduction to this edited collection of essays, Bernadette Brooten asserts that religion has long been complicit in the construction and practice of the logic of human enslavement. She provocatively claims that (...) religion and the racial and sexual norms that emerge from religious inquiry have historically [End Page 236] designated women and other bodies that defy white male normativity as inherently “slaveable.” She further contends that the religious and sexual legacies of slavery are not relegated to a moment in time, now past and gone. Rather, contemporary society is the heir of a flesh-and-blood hierarchy that continues to shape its “social values, religious thought, and economic realities” (3). The remnants of enslavement persist among human communities not only as a lived reality that, as Mende Nazer suggests in the epilogue, continues to threaten the lives and life chances of poor women and children throughout the world, but also as a blood memory—a recollection that runs so deep into the social fabric of our theopolitical worlds that in spite of slavery’s superficial obscurity, it remains as the pulse of human everydayness, lurking beneath the surface of daily exchanges.The insidious legacies of slavery that emerge from bigoted God-talk promote dehumanizing racial-sexual stereotypes, dictate the quality of marriage and intimate relationships, corrupt and exploit sexual expression, and drive the development of public policy and law in ways that disproportionately marginalize and disempower women and girls. Consequently, this volume proposes resistance and calls readers to communal action that renounces slavery in all its forms.In parts 2, 3, and 4, the essays detail the racial, religious, and sexual character of slavery by focusing on the experience of black women’s oppression in America. This focus on the varieties of black women’s enslavement—from legal chattel slavery and social-political bondage to incarceration—provides the groundwork for the volume’s subsequent engagement of Christian, Jewish, and Islamic law, which demonstrates how slavery and its concomitant assignment and rationalization of embodied inferiority has been primarily cultivated by sacred texts. In her essay, for example, Sheila Briggs explicitly connects religious belief and dehumanizing practices; she ingeniously links religious textual interpretation with the sexual violence of early Christian gladiatorial practices in ancient amphitheaters.In parts 5 and 6, the volume reintroduces the substance of slavery’s legacies by way of a historical survey that connects enslavement across social contexts. In linking Debra Blumenthal’s discussion of slavery in late medieval Spain and Catherine Clinton’s analysis of the racial hypocrisies of Thomas Jefferson and Strom Thurmond to the problem of the Bible and the oppression it yields for sexual minorities as uncovered by Sylvester Johnson, Brooten exposes the vast and prevailing scope of slavery that affects all of us—women and girls, men and boys, sexual minorities, and even those who dare to fall in love across racial boundaries. In parts 7 and 8, Frances Smith Foster and Dwight Hopkins directly engage the “herstories” of black women who are marked by the legacies of slavery and yet who have consistently resisted in creative and effective ways (271). [End Page 237]Undoubtedly, this volume is a critical contribution to the field insofar as it uncovers an enduring social issue that continues to influence how we engage each other across differences of race, gender, class, and sexuality. The breadth of its disciplinary scope proves to be overwhelming at times. Nonetheless, Brooten’s constructive method serves well to emphasize the titanic complexity of enslavement and the challenge of its demolition.Eboni Marshall TurmanDuke Divinity SchoolCopyright © 2014 Society of Christian Ethics... (shrink)

In his writings Jim Marshall has helpfully emphasized such Wittgensteinian themes as the multiplicity of language games, the deconstruction of ‘certainty,’ and the contexts of power that underlie discursive systems. Here we focus on another important legacy of Wittgenstein's thinking: his insistence that human activity is rule‐governed. This idea foregrounds looking carefully at the world of education and learning, as against the empirical search for new psychological or other facts. It reminds us that we need to consider, in Peter (...) Winch's words, ‘what it makes sense to say’ about certain educational phenomena, and how these meanings stand against understanding a wider form of life. This insight has important implications for doing educational research, and we examine some of these. (shrink)

In his writings Jim Marshall has helpfully emphasized such Wittgensteinian themes as the multiplicity of language games, the deconstruction of ‘certainty,’ and the contexts of power that underlie discursive systems. Here we focus on another important legacy of Wittgenstein's thinking: his insistence that human activity is rule‐governed. This idea foregrounds looking carefully at the world of education and learning, as against the empirical search for new psychological or other facts. It reminds us that we need to consider, in Peter (...) Winch's words, ‘what it makes sense to say’ about certain educational phenomena, and how these meanings stand against understanding a wider form of life. This insight has important implications for doing educational research, and we examine some of these. (shrink)

Michael A. PetersBeijing Normal UniversityMy deepest condolences to Pepe, Dom and Marcus and to Jim’s grandchildren. Tina and I spent a lot of time at the Marshall family home, often attending dinn...

> Wealthy nations must do much more, much faster. The United Nations General Assembly in September 2021 will bring countries together at a critical time for marshalling collective action to tackle the global environmental crisis. They will meet again at the biodiversity summit in Kunming, China, and the climate conference 26) in Glasgow, UK. Ahead of these pivotal meetings, we—the editors of health journals worldwide—call for urgent action to keep average global temperature increases below 1.5°C, halt the destruction of nature (...) and protect health. Health is already being harmed by global temperature increases and the destruction of the natural world, a state of affairs health professionals have been bringing attention to for decades.1 The science is unequivocal; a global increase of 1.5°C above the preindustrial average and the continued loss of biodiversity risk catastrophic harm to health that will be impossible to reverse.2 3 Despite the world’s necessary preoccupation with COVID-19, we cannot wait for the pandemic to pass to rapidly reduce emissions. Reflecting the severity of the moment, this editorial appears in health journals across the world. We are united in recognising that only fundamental and equitable changes to societies will reverse our current trajectory. The risks to health of increases above 1.5°C are now well established.2 Indeed, no temperature rise is ‘safe’. In the past 20 years, heat-related mortality among people aged over 65 has increased by more than 50%.4 Higher temperatures have brought increased dehydration and renal function loss, dermatological malignancies, tropical infections, adverse mental health outcomes, pregnancy complications, allergies, and cardiovascular and pulmonary morbidity and mortality.5 6 Harms disproportionately affect the most vulnerable, including children, older populations, ethnic minorities, poorer communities and those with underlying health problems.2 4 Global heating is also contributing to the decline in …. (shrink)

Impossible Presence brings together new work in film studies, critical theory, art history, and anthropology for a multifaceted exploration of the continuing proliferation of visual images in the modern era. It also asks what this proliferation—and the changing technologies that support it—mean for the ways in which images are read today and how they communicate with viewers and spectators. Framed by Terry Smith's introduction, the essays focus on two kinds of strangeness involved in experiencing visual images in the modern (...) era. The first, explored in the book's first half, involves the appearance of oddities or phantasmagoria in early photographs and cinema. The second type of strangeness involves art from marginalized groups and indigenous peoples, and the communicative formations that result from the trafficking of images between people from vastly different cultures. With a stellar list of contributors, Impossible Presence offers a wide-ranging look at the fate of the visual image in modernity, modern art, and popular culture. Contributors: Jean Baudrillard Marshall Berman Jeremy Gilbert-Rolfe Elizabeth Grosz Tom Gunning Peter Hutchings Fred R. Myers Javier Sanjines Richard Shiff Hugh J. Silverman Terry Smith. (shrink)

The idea that there are some things which we should not talk about is most commonly dealt with in the context of debates about rights to free speech, and other contexts in which the value of talking is typically understood in instrumental terms. This paper explores ways of grounding that idea which do not depend upon instrumental values, in particular in the context of self-revelatory and confessional talk.

In response to Miranda Fricker's advocacy of a virtue of ‘reflexive critical openness’, I emphasise the importance of other virtues, such as loyalty, in evaluating an agent's response to testimony, and I query Fricker's claim that in certain circumstances agents can lack a means to correct their faulty evaluations of another's testimony.

Different cultures, different lenses -- Various approaches to risk in the legal system -- Institutional background -- Regulation -- Tort law generally -- Information about risk and assumption of risk -- Medical malocurrences -- The duty/proximite cause problem -- Scientific evidence -- Tort reform -- Statutory compensation systems.

This article is the guest editors’ introduction to the special issue in Business & Society on “SMEs and CSR in Developing Countries.” The special issue includes four original research articles by Hamann, Smith, Tashman, and Marshall; Allet; Egels-Zandén; and Puppim de Oliveira and Jabbour on various aspects of the relationship of small and medium enterprises to corporate social responsibility in developing countries.

Taking as its starting point Miri Gur-Arye’s critical discussion of a legal duty to report crime, this paper sketches an idealising conception of a democratic republic whose citizens could be expected to recognise a civic responsibility to report crime, in order to assist the enterprise of a criminal law that is their common law. After explaining why they should recognise such a responsibility, what its scope should be, and how it should be exercised, and noting that that civic responsibility must (...) include a responsibility to report one’s own crimes; it discusses whether that civic responsibility could ground at least a limited legal duty to report certain types of crime. It then turns to the question of whether a civic responsibility to assist the criminal law’s enterprise of bringing wrongdoers to account could include a responsibility to arrest suspected or known offenders if the police cannot or will not do so—a responsibility to make a citizen’s arrest, and the legal power to discharge that responsibility: how far should citizens feel entitled, or duty-bound, thus to ‘take the law into their own hands’? (shrink)

The idea that crimes can usefully be understood as ‘public wrongs’, and that this can generate a plausible principle of criminalisation, has found some support in recent years; it has also been subjected to some sharp criticism. This paper aims to sketch the most plausible version of that idea, and to show how, once properly explained, it is not vulnerable to those criticisms. After a brief defence of the negative principle, that we may not criminalise conduct that does not constitute (...) a public wrong, it explains the positive principle, that we have reason to criminalise conduct if it constitutes a public wrong, by drawing an analogy between criminal law and codes of professional ethics, and by appealing to the idea of civil order, as the normative structure of a polity—a structure that criminal law helps both to constitute and to sustain. Four objections are then met: that this account implies an unacceptable relativism; that it distorts the reasons that bear on criminalisation; that it cannot make room for those who do not identify themselves with the polity in which they live; and that it implies an unrealistically demanding conception of what is required for a polity to exist. (shrink)

Some have argued that a proper account of prostitution shows it to be a morally neutral, commercial service ‘like any other’. This paper explores further the implications of this ‘service’ model and argues that it depends upon a weak conception of the kind of sex involved in such a practice and involves the objectification of both prostitute and customer. I argue that there is a moral view of sex which is not merely ‘romantic’, from which it is still possible to (...) view prostitution as morally objectionable; but that, nevertheless, this perspective itself may provide for a development of the idea of a service which would justify a limited practice of prostitution. Such a practice would, however, be very different from that which supporters of the putatively morally neutral model of prostitution have in mind and would depend for its plausibility on a comparison with other forms of caring for which payment is given. (shrink)

Accounting educators are being called on to provide a greater emphasis on ethics education. This paper examines three important issues concerning ethics education in accounting. First, the question of whether ethics can indeed be taught is examined. Next, several innovative approaches are presented which have been used by accounting educators to integrate ethics into the classroom. Finally, results of a survey of students concerning their perspectives of ethical issues in accounting education, the accounting profession, and society at large are presented (...) and discussed. Survey results reveal that students consider a lack of ethics damaging to the accounting profession and society. Results also indicate that accounting students are seeking ethical and moral direction. (shrink)

(No abstract is available for this citation).