Recent years have seen the advent of two feminist judgment-writing projects, the Women’s Court of Canada, and the Feminist Judgments Project in England. This article analyses these projects in light of Carol Smart’s feminist critique of law and legal reform and her proposed feminist strategies in Feminism and the Power of Law (1989). At the same time, it reflects on Smart’s arguments 20 years after their first publication and considers the extent to which feminist judgment-writing projects may reinforce or trouble (...) her conclusions. It argues that both of these results are discernible—that while some of Smart’s contentions have proved to be unsustainable, others remain salient and have both inspired and hold important cautions for feminist judgment-writing projects. (shrink)

The question of how to respond to the deep political divides in the United States today has resulted in the emergence of two camps. On one side are those who argue that the cultivation of civic virtues like civility will lead to more respectful interpersonal relationships through which consensus and mutual understanding can be built. On the other are those who argue that our commitment to justice is primary and may require uncivil behavior to disrupt and change unjust structural relationships. (...) In Healthy Conflict in Contemporary American Society, Jason Springs helps to bridge the divide between these two positions. Because he takes a relational approach that centers both interpersonal and structural relationships, Springs makes both mutual respect and just structures central to his conception of healthy conflict. Taking relationality seriously thus helps to overcome this impasse, but it also raises significant questions about the impact of asymmetrical relationships on citizens’ responsibilities to engage in healthy conflict. (shrink)

Angels of Power, by Australian lesbian playwright Sandra Shotlander, illustrates political strategies described by American lesbian philosopher Jeffner Allen. In the play three female members of Australian parliament align to force regulation of new reproductive technologies. Using essentialist, materialist, liberal, and radical feminist arguments, the characters practice sinuous strategies through loading and layering female signs (intertextuality) in order to eradicate patriarchal signification and reenact a contemporary version of ancient Amazons taking over the Acropolis.

Contemporary analyses of moral injury in war focus on its occurrence in American veterans who commit or witness acts contrary to their deeply held moral beliefs. Moral injuries suffered by noncombatants are largely absent from this discourse. I advocate for greater inclusion of the victim‐centered perspective in studies of moral injury in war. This perspective conceptualizes moral injury as the specific harm suffered when one's moral humanity is not recognized. Given that susceptibility to moral injury is part of moral personhood, (...) failure to acknowledge noncombatants' moral injury represents failure to recognize their full and particular personhood and thus may inflict further moral injury. Centering noncombatants' moral injury strengthens the critical power of moral injury, enabling the identification of specific steps toward establishing just relationships and social trust to repair and prevent moral injury in noncombatants and combatants alike. (shrink)

In Feminism and the Power of Law Carol Smart argued that feminists should use non-legal strategies rather than looking to law to bring about women’s liberation. This article seeks to demonstrate that, as far as marriage is concerned, she was right. Statistics and contemporary commentary show how marriage, once the ultimate and only acceptable status for women, has declined in social significance to such an extent that today it is a mere lifestyle choice. This is due to many factors, including (...) the ‘sexual revolution’ of the 1960s, improved education and job opportunities for women, and divorce law reform, but the catalyst for change was the feminist critique that called for the abandonment (rather than the reform) of the institution and made the unmarried state possible for women. I conclude that this loss of significance has been more beneficial to British women in terms of the possibility of ‘liberation’ than appeals for legal change and recognition, and that we should continue to be wary of looking to law to solve women’s problems. (shrink)

This paper engages with theories of the monstrous maternal in feminist philosophy to explore how examples of visual art practice by Susan Hiller, Marc Quinn, Alison Lapper, Tracey Emin, and Cindy Sherman disrupt maternal ideals in visual culture through differently imagined body schema. By examining instances of the pregnant body represented in relation to maternal subjectivity, disability, abortion, and “prosthetic” pregnancy, it asks whether the “monstrous” can offer different kinds of figurations of the maternal that acknowledge the agency and potential (...) power of the pregnant subject. (shrink)

: This paper engages with theories of the monstrous maternal in feminist philosophy to explore how examples of visual art practice by Susan Hiller, Marc Quinn, Alison Lapper, Tracey Emin, and Cindy Sherman disrupt maternal ideals in visual culture through differently imagined body schema. By examining instances of the pregnant body represented in relation to maternal subjectivity, disability, abortion, and "prosthetic" pregnancy, it asks whether the "monstrous" can offer different kinds of figurations of the maternal that acknowledge the agency and (...) potential power of the pregnant subject. (shrink)

This article explores late works by contemporary artist Louise Bourgeois that illuminate current concerns about ageing maternal bodies and the ambivalent responses of fear and loathing that they provoke. In 2003, Louise Bourgeois made an installation for the Freud Museum in Vienna entitled The Reticent Child, on the subject of her own earlier pregnancy and birth of her son, one of several works featuring maternity and fertility which Bourgeois has created in old age. In Nature Study 2007, made at the (...) age of 96 years, she depicts carnal couples and pregnant and birthing figures embodied in brilliant pinks and scarlet reds. Bourgeois represents women as the powerful agents of the maternal function, marking a return to motherhood as a central topic of her earlier work. Edward Said posited sources of cultural meaning as ‘the whole notion of beginning, the moment of birth and origin … reproductive generation, maturity’, and ‘the last great problematic … the last and late period of life, the decay of the body’ (Said, 2006: 4–6). What does it mean for Bourgeois to return to the theme of birth in her nineties and how does it resonate with contemporary anxieties about the ageing maternal body? If the space of the gallery is a safe arena for a woman artist to present sexuality and maternity in old age, how are older women who break codes of fertility represented elsewhere? In a culture which is hostile to the conjunction of ageing women with motherhood, I shall argue that Bourgeois’ late maternal works can help to undo the taboo on older mothers. (shrink)

Feminist philosophy has had a powerful impact not just on philosophy but on other disciplines as well. This imaginatively edited anthology enables readers to sample this literature widely and to trace the breadth and the depth of its influence.

This paper examines what can be learnt from analysing attempts to give lay people more involvement in the administration of state schools. Although devolving more responsibility to schools and lay governors has been an important feature of school reform in several countries, it is not immediately apparent if this shift is the product of globally similar social and political forces or nationally specific cultural, ideological and economic factors. In considering this issue, the paper describes recent changes in school governance in (...) England, New Zealand, USA, Scotland and Catalunya, Spain. It is argued that some of these changes can best be characterised as attempts to increase the democratic participation of citizens in the running of schools. Other changes, however, seem rather to represent on attempt to bring the culture of business to schools and reduce the power of professional educators over education. (shrink)

Bloom's book underscores the importance of specifying the role of words and grammar in cognition. We propose that the cognitive power of language lies in the lexicon rather than grammar. We suggest ways in which studies involving children and patients with aphasia can provide insights into the basis of abstract cognition in the domain of number and mathematics.

There is more to law than rules, robes and precedents. Rather, law is an integral part of social practices and policies, as diverse and complex as society itself. Thinking About Law offers a comprehensive introduction to the ways in which law has been presented and represented. It explores historical, sociological, economic and philosophical perspectives on the major legal and political debates in Australia today. The contributors examine the position of Aborigines in the Australian legal system and the impact of the (...) Mabo case; divisions of power in Australian society and law; the question of objectivity in law; the relationship between legislation and social change; judicial decision-making and other issues. Accessibly written, Thinking About Law is essential reading for students and anyone interested in understanding our legal system. (shrink)

This paper examines what can be learnt from analysing attempts to give lay people more involvement in the administration of state schools. Although devolving more responsibility to schools and lay governors has been an important feature of school reform in several countries, it is not immediately apparent if this shift is the product of globally similar social and political forces or nationally specific cultural, ideological and economic factors. In considering this issue, the paper describes recent changes in school governance in (...) England, New Zealand, USA, Scotland and Catalunya, Spain. It is argued that some of these changes can best be characterised as attempts to increase the democratic participation of citizens in the running of schools. Other changes, however, seem rather to represent on attempt to bring the culture of business to schools and reduce the power of professional educators over education. (shrink)

: Fins, Bacchetta, and Miller's clinical pragmatism has several appealing features: an emphasis on dialogue, a commitment to consensus, a focus on particular individuals rather than persons in general, and a strong interest in the process as well as the product of moral decision making. Nevertheless, for all its protests to the contrary, clinical pragmatism has a tendency to privilege medical facts over nonmedical values, to conflate appropriate medical decisions with right moral decisions, and to conceive problems at the bedside (...) in terms of "getting" patients and families to "go along" with the treatment plans of clinicians. In sum, there is within clinical pragmatism the potential for physicians to take back some of the power they ceded to patients during the height of the patients' rights and autonomy movement. Provided that clinicians guard against the temptation to use clinical pragmatism manipulatively, however, the method promises, more than most other methods of moral problem solving, to help increasingly diverse individuals make good moral decisions about patients' care under conditions of enormous uncertainty. (shrink)

Taking up the case of Jane Gallop, this paper explores whether an eroticized pedagogical style can be truly effective for teaching feminist philosophy and to what extent there exists the possibility of consensual romantic relationships between teachers and students. In a book published five years after accusations of discriminatory sexual harassment, Gallop argues that an eroticized pedagogy more effectively delivers a feminist message than non-eroticized pedagogies because it provides a context in which sexual norms can be foregrounded, challenged, and even (...) broken. By extension, Gallop argues that if any relationship between a student and a teacher can be consensual, it is one that takes place between a student and teacher who both identify as feminists since their studies so often focus on sexual norms. The author challenges this view, arguing that the vulnerability which attends being subject to evaluation structures the initial terms of engagement such that students can’t possibly enter into a romantic relationship on equal terms with their professor. In light of this imbalance of power, the author argues that eroticized pedagogies may also threaten students, giving the impression that their evaluations depend on their responses to the erotic element of their professor’s pedagogical style. (shrink)

In this article the author revisits Carol Smart’s 1989 publication Feminism and the power of law. She engages with Smart’s main claims by way of a number of other thinkers. Following Marianne Constable’s description of contemporary American legal thought as socio-legal, the author tentatively considers if it could be argued that some strains in contemporary legal feminism that adopted a sociological method resulted in a similar absence of justice that concerns Constable. Smart’s caution against the development of a feminist jurisprudence (...) is critically analysed with the benefit of hindsight. Drawing on Deleuze and Guattari, Foucault and Goodrich, the author tentatively considers the becoming of a feminist jurisprudence as a minor jurisprudence.What we most lack is a belief in the world, we’ve quite lost the world, it’s been taken from us. Sociology takes social creation to be the whole of what is and will be. (shrink)

This article notes the significance of the contribution that literary researchers - who must see themselves as `researchers-as-artists' - make in the area of policy and politics. The `researcher-as-artist' chooses words aesthetically to tell stories that construct new stages for debate and discussion, and that inspire governments and policy-makers, They push intellectual boundaries; they challenge; they stimulate and confer visibility on creative ideas; they provoke - artistically, educationally and morally; and make connections. They encourage new ways of looking and seeing. (...) Thus, for example, they can contribute to discussions of soap operas and connect them to folk-tales - tales of the folk, endlessly repeated variations on common themes. Using a literary optic in this way demonstrates not only the evolutionary powers of literature, but the vital role of literary researchers and of the stories they tell. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:494 HISTORY OF PHILOSOPHY in the Haller Zeitung; it will probably not appear at all--it has, among other short, comings, the fault to be too long." In a letter to Schtitz, Niethammer writes from Bamberg on 23 March 1807: "I repeat my urgent demand... to send the review of Salat's book submitted by Prof. Hegel as soon as possible to Jena to hand it in to Hofrat Voigt.... " (...) The volume contains almost 1,000 valuable notes which explain the philosophical and historical background of the newly edited material. HENRY WALTERBRANN Takoma Park, Maryland Peter Yakovlevich Chaadayev: Philosophical Letters and Apology of a Madman. Trans. with Intro. by Mary-Barbara Zeldin. (Knoxville: University of Tennessee Press, 1969. Pp. 203. $7.50) Mary-Barbara Zeldin's translation into English of the Philosophical Letters and the Apology of a Madman, by the enigmatic Russian intellectual leader of the early nineteenth century, Peter Yakovlevich Chaadayev makes available in English for the first time the thought of this figure whose small corpus of writings circulated mostly in manuscript during his own lifetime and waited over a hundred years after his death for their complete translation in their original French. Historically Chaadayev is important as a mediator between Westernizers and Slavophiles in this initial period of the nineteenth-century Russian intellectual awakening. Chaadayev himself remained aloof from either of these parties, was appealed to by both of them and became himself a kind of martyr to intellectual freedom. His own view of Russian-Western relationships incorporates this problem most remarkably into a theological vision of the "education of the human race." Philosophically Chaadayev stands as a unique and somewhat eccentric synthesizer of German idealism with the Christian concept of salvation history. Perhaps the most remarkable insight to be gained by reading these long-buried essays is the ease with which an Eastern Orthodox Christian versed in Patristic hellenism could fuse the ideas of a paedagogy of the human race in Lessing, Herder and Schiller and read this as an expression of an Irenaean doctrine of the progressive development of a mankind through the mediation of the primordial Logos; an Alexandrian idea of the paedagogy of Christ in history and a Eusebian doctrine of Christian universal empire. In so doing this Russian thinker also reveals to what an extent the German idealist movement itself was grounded on much older syntheses of Christian thought. In the process, however, Chaadayev also shows that nineteenth-century men could only appropriate this heritage anew by taking the great credal themes of revelation, Christi, the church and the Kingdom of God and reissuing them in a secularized, humanistic dress, as a philosophy of history. Chaadayev's basic thesis is that knowledge is a divinely-given deposit of certain fundamental primordial ideas, which man would not have arrived at through his own unaided powers, but rather possesses as an imprint upon the mind of the first man implanted by the Creator. Chaadayev weds the western philosophical concept of a fundamental a priori with a doctrine of primordial revelation, revealing the foundation of man himself in the divine Logos. This primordial deposit of ideas existed in BOOK REVIEWS 495 the first man only as a rudimentary 'image' of God. It is only through historical development that man grows to full stature in these truths whereby he attains to the completed 'likeness' of God. These truths, together with their historical development, are passed down by a historical succession, which is not an ecclesiastical succession, but a succession of the human family. These truths are periodically renewed by the advent of certain extraordinary individuals who exemplify them to a high degree, and by certain elect nations who are divinely designated as their culture-bearers. The Jews of the Old Testament were that culture-bearer in antiquity, and, since the time of Jesus Christ, it is Christendom which stands for and bears the development of this primordial truth as it has been renewed and set forth in archetypal perfection by Christ. Chaadayev sharply down grades the role of the Greeks in this development, but does so in a manner remarkably similar to the ancient Christian apologists who stole Greek fire in order to bathe the... (shrink)

In Barclay's Bank v. O'Brien(1993) the House of Lords extended the undue influence rules to heterosexual and homosexual cohabitees, a move that was widely welcomed and has been endorsed in Royal Bank of Scotland v. Etridge (No. 2) (2001). The paper argues that the extension to homosexual couples is inappropriate, since undue influence is largely a problem of heterosexuality. It is not accidental that there have been no reported cases of undue influence between lesbian or gay partners, not because abuses (...) of power do not occur within such relationships, but because they are free of the central causal factor of undue influence: not intimacy per se but the gendered power dynamic within heterosexual intimacy that has characterised almost all reported cases. The first part of the paper examines the courts' treatment of gay and lesbian couples in other areas of equity and concludes that the absence of gender role assumptions leads courts to treat lesbian and gay claimants more equitably than they do heterosexual women. The second part focuses on the potential for gay and, especially, lesbian relationships to act as models of more egalitarian relationships than heterosexual ones. The dominant discourse of inclusion within the gay and lesbian legal lobby is problematised, and the paper concludes that what is needed is social and judicial recognition of what is different, not what is the same, about our relationships. (shrink)

In this paper I argue that a global bioethicsis possible. Specifically, I present the viewthat there are within feminist approaches tobioethics some conceptual and methodologicaltools necessary to forge a bioethics thatembraces the health-related concerns of bothdeveloping and developed nations equally. Tosupport my argument I discuss some of thechallenges that have historically confrontedfeminists. If feminists accept the idea thatwomen are entirely the same, then feministspresent as fact the fiction of the essential``Woman.'' Not only does ``Woman'' not exist,``she'' obscures important racial, ethnic,cultural, (...) and class differences among women. However, if feminists stress women'sdifferences too much, feminists lose the powerto speak coherently and cogently about genderjustice, women's rights, and sexual equality ingeneral. Analyzing the ways in which the ideaof difference as well as the idea of samenesshave led feminists astray, I ask whether it ispossible to avoid the Scylla of absolutism(imperialism, colonialism, hegemony) on the onehand and the Charybdis of relativism(postmodernism, fragmentation, Balkanization)on the other. Finally, after reflecting uponthe work of Uma Narayan, Susan Muller Okin, andMartha Nussbaum, I conclude that there is a wayout of this ethical bind. By focusing onwomen's, children's, and men's common humanneeds, it is possible to lay thefoundation for a just and caring globalbioethics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:494 HISTORY OF PHILOSOPHY in the Haller Zeitung; it will probably not appear at all--it has, among other short, comings, the fault to be too long." In a letter to Schtitz, Niethammer writes from Bamberg on 23 March 1807: "I repeat my urgent demand... to send the review of Salat's book submitted by Prof. Hegel as soon as possible to Jena to hand it in to Hofrat Voigt.... " (...) The volume contains almost 1,000 valuable notes which explain the philosophical and historical background of the newly edited material. HENRY WALTERBRANN Takoma Park, Maryland Peter Yakovlevich Chaadayev: Philosophical Letters and Apology of a Madman. Trans. with Intro. by Mary-Barbara Zeldin. (Knoxville: University of Tennessee Press, 1969. Pp. 203. $7.50) Mary-Barbara Zeldin's translation into English of the Philosophical Letters and the Apology of a Madman, by the enigmatic Russian intellectual leader of the early nineteenth century, Peter Yakovlevich Chaadayev makes available in English for the first time the thought of this figure whose small corpus of writings circulated mostly in manuscript during his own lifetime and waited over a hundred years after his death for their complete translation in their original French. Historically Chaadayev is important as a mediator between Westernizers and Slavophiles in this initial period of the nineteenth-century Russian intellectual awakening. Chaadayev himself remained aloof from either of these parties, was appealed to by both of them and became himself a kind of martyr to intellectual freedom. His own view of Russian-Western relationships incorporates this problem most remarkably into a theological vision of the "education of the human race." Philosophically Chaadayev stands as a unique and somewhat eccentric synthesizer of German idealism with the Christian concept of salvation history. Perhaps the most remarkable insight to be gained by reading these long-buried essays is the ease with which an Eastern Orthodox Christian versed in Patristic hellenism could fuse the ideas of a paedagogy of the human race in Lessing, Herder and Schiller and read this as an expression of an Irenaean doctrine of the progressive development of a mankind through the mediation of the primordial Logos; an Alexandrian idea of the paedagogy of Christ in history and a Eusebian doctrine of Christian universal empire. In so doing this Russian thinker also reveals to what an extent the German idealist movement itself was grounded on much older syntheses of Christian thought. In the process, however, Chaadayev also shows that nineteenth-century men could only appropriate this heritage anew by taking the great credal themes of revelation, Christi, the church and the Kingdom of God and reissuing them in a secularized, humanistic dress, as a philosophy of history. Chaadayev's basic thesis is that knowledge is a divinely-given deposit of certain fundamental primordial ideas, which man would not have arrived at through his own unaided powers, but rather possesses as an imprint upon the mind of the first man implanted by the Creator. Chaadayev weds the western philosophical concept of a fundamental a priori with a doctrine of primordial revelation, revealing the foundation of man himself in the divine Logos. This primordial deposit of ideas existed in BOOK REVIEWS 495 the first man only as a rudimentary 'image' of God. It is only through historical development that man grows to full stature in these truths whereby he attains to the completed 'likeness' of God. These truths, together with their historical development, are passed down by a historical succession, which is not an ecclesiastical succession, but a succession of the human family. These truths are periodically renewed by the advent of certain extraordinary individuals who exemplify them to a high degree, and by certain elect nations who are divinely designated as their culture-bearers. The Jews of the Old Testament were that culture-bearer in antiquity, and, since the time of Jesus Christ, it is Christendom which stands for and bears the development of this primordial truth as it has been renewed and set forth in archetypal perfection by Christ. Chaadayev sharply down grades the role of the Greeks in this development, but does so in a manner remarkably similar to the ancient Christian apologists who stole Greek fire in order to bathe the... (shrink)

El papel de filosofía y humanidades en forjar un “ideal de humanidad” se refiere no sólo a las difíciles relaciones que éstas tradicionalmente han tenido con los poderes mundanos, sino, sobre todo, a su papel protagónico como guías de un ideal de humanidad y valores espirituales en tiempos de crisis. Kant defendió el papel de los ideales racionales de la “facultad de filosofía” a fines del s. XVIII, ante la teología, el derecho y la medicina. La reflexión de Fichte cuando (...) la nación alemana luchaba por su existencia luego de su derrota por los ejércitos napoleónicos a inicios del s. XIX, da un impulso decisivo a los valores del idealismo alemán. Un siglo después, ante la misma nación alemana, nuevamente derrotada en la primera guerra mundial y sin hallar respuestas a su aflicción en las ciencias exactas ni en su cultura determinada por la técnica, Husserl ve en “el ideal de Humanidad de Fichte” la respuesta a aquello que puede darle su ultima satisfacción: la producción teleológica de un mundo humano, en el que pueda realizarse un orden mundial moral, único fin, fundamento y valor absoluto de la humanidad. Hoy nos hallamos en otro momento de peligro: no sólo el del positivismo naturalista desplazando desde el s. XIX a la formación humanística. El mayor de los peligros es ahora la alianza de ese naturalismo con el mundo globalizado del presente, bajo el imperio de la estan-darización burocrática y corporativa al servicio de la producción desenfrenada de dinero.The role of philosophy and the human sciences in forging an “ideal of humanity” concerns not only the tensions that they traditionally have had with worldly powers. It mostly deals with their primal role as guides of an ideal of humanity and spiritual values in times of crisis. Kant defended the central role of the “Faculty of Philosophy”’s rational ideals by the end of the 18th century, as opposed to Theology, Jurisprudence and Medicine. Fichte’s reflection when the German nation was fighting for its survival after its defeat by the Napoleonic armies at the beginning of the 19th century, gives a decisive impulse to the values brandished by German Idealism. A century later, facing the same German nation newly defeated at World War I, and without any answers to its affliction either in exact sciences nor in its culture determined by technology, Husserl finds in “Fichte’s Ideal of Humanity“ the answer to that which can give it its lasting satisfaction: the teleological production of a human world, in which a world moral order may arise, as humanity’s sole goal, foundation, and absolute value. Today we find ourselves in another moment of danger: not only that of a naturalistic positivism displacing a humanistic education. The greatest of all dangers is currently the alliance of this naturalism with the Golden calf installed in the globalized world of today, under the empire of the bureaucratic and corporative standardization at the service of the frenzied production of money. (shrink)

The U.S. Food and Drug Administration's rationale for supporting the development and approval of BiDil for heart failure specifically in black patients was based on under-powered, post hoc subgroup analyses of two relatively old trials , which were further complicated by substantial covariate imbalances between racial groups. Indeed, the only statistically significant difference observed between black and white patients was found without any adjustment for potential confounders in samples that were unlikely to have been adequately randomized. Meanwhile, because the accepted (...) baseline therapy for heart failure has substantially improved since these trials took place, their results cannot be combined with data from the more recent trial amongst black patients alone. There is therefore little scientific evidence to support the approval of BiDil only for use in black patients, and the FDA's rationale fails to consider the ethical consequences of recognizing racial categories as valid markers of innate biological difference, and permitting the development of group-specific therapies that are subject to commercial incentives rather than scientific evidence or therapeutic imperatives. This paper reviews the limitations in the scientific evidence used to support the approval of BiDil only for use in black patients; calls for further analysis of the V-HeFT I and II data which might clarify whether responses to H-I vary by race; and evaluates the consequences of commercial incentives to develop racialized medicines. We recommend that the FDA revise the procedures they use to examine applications for race-based therapies to ensure that these are based on robust scientific claims and do not undermine the aims of the 1992 Revitalization Act. (shrink)

This book focuses on group behaviour in developing countries. It includes studies of producer and community organizations, NGOs, and some public sector groups. Despite the fact that most economic decisions are taken by people acting within groups -- families, firms, neighbourhood or community associations, and networks of producers -- the analysis of group functioning has not received enough attention, particularly among economists. Some groups function well, from the perspectives of equity, efficiency, and well-being, while others do not. This book explores (...) why. It covers groups that perform three types of function: overcoming market failures ; improving the position of their members, and distributing resources to the less well-off. It contrasts three modes of group behaviour: power and control; cooperation; and the use of material incentives. It explores what determines modes of behaviour of groups, and the consequences for efficiency, equity, and well-being. The book includes eleven case studies by different authors, including producers' associations in Brazil, farmers' organizations in Korea and Taiwan, community forestry groups in South Asia, organizations of sex-workers in Calcutta, and health NGOs in Uganda. Claims groups tended to be the most cooperative, cooperation fostering empowerment and self-esteem. Distributive or pro bono groups mostly operated according to power and control, while market failure groups often combined all three modes.The studies show the strong impact of norms in society as a whole on group behaviour. The recent shift towards a stronger role for market incentives has exerted powerful pressures on groups to use more material incentives, undermining the cooperation essential to sustain efficiency and equity. The universal presumption in favour of monetary incentives needs to be abandoned. Non-market behaviour needs to be valued and protected as well. (shrink)

Canada’s Truth and Reconciliation Commission (TRC) is tasked with facing the hundred-year history of Indian Residential Schools. The South African Truth and Reconciliation Commission is frequently invoked in relation to the Canadian TRC, perhaps because this is one of the few TRCs worldwide that Canadians know. Whilst the South African TRC is mainly applauded as an international success, I argue that loose analogizing is often more emotive than concise. Whilst much indeed can be drawn from the South African experience, it (...) is important to specify the Canada–South Africa analogy. In this article, I do so by focussing on the institutional approach to truth and how this relates to issues of settler/White denial. The South African experience teaches that narrow approaches to truth collude with superficial views of reconciliation that deny continuities of violence. Consequently, I argue that Indigenous–settler reconciliation requires a broad truth that locates residential schools on a continuum of violence, linking extraordinary abuses with structural injustices and historic colonization with lived relationships. (shrink)

In this survey of feminist theory, Rosemarie Tong provides coverage of the psychoanalytic, existential and postmodern schools of feminism. The author guides the reader through the complexities of even the most notoriously difficult thinkers. Students will meet and become familiar with many of the essential figures in the feminist tradition, from Wollstonecraft and Engel, on through de Beauvoir, Dinnerstein, and Daly, and up to Mitchell and Cixous. The text treats all views with respect and encourages students to think critically and (...) sympathetically about a wide range of views that have a direct relevance to their own lives. (shrink)

Rosemary Hennessy confronts some of the impasses in materialist feminist work on rethinking `woman' as a discursively constructed subject. She argues for a theory of discourse as ideology taking into account the work of Kristeva, Foucault and Laclau.

The Japanese scholar Miura Baien (1723-1789) worked throughout his life to produce a philosophical analysis of the natural world. Misinterpretations of his intentions arise from drawing diagrams on his behalf that are inconsistent with his text, or by applying to his text Western academic terms that are quite foreign to his thought. When Baien's text is examined in his own terms we can understand its significant role in the scientific thought of the Edo period.

The relationship between international order and justice has long been central to the study and practice of international relations. For most of the twentieth century, states and international society gave priority to a view of order that focused on the minimum conditions for coexistence in a pluralist, conflictual world. Justice was seen either as secondary or sometimes even as a challenge to order. Recent developments have forced a reassessment of this position. This book sets current concerns within a broad historical (...) and theoretical context; explores the depth and scope of this presumed solidarism amidst the difficulties of acting on the basis of a more strongly articulated liberal position; and underscores the complexity and abiding tensions inherent in the relationship between order and justice. Chapters examine a wide range of state and transnational perspectives on order and justice, including those from China, India, Russia, the United States, and the Islamic world. Other chapters investigate how the order-justice relationship is mediated within major international institutions, including the United Nations, the World Trade Organization and the global financial institutions. (shrink)

The purpose of this study was to determine the development of moral judgement in first-year and senior baccalaureate nursing students. These students were enrolled in three separate nursing programmes, each of which differed significantly in ethical content. The sample totalled 180 students enrolled in three New England programmes. Programme A included an ethics course taught by a professor of ethics. Programme B integrated ethical issues into all nursing theory courses. Programme C did not include ethical content in theory courses. The (...) design was of a developmental cross-sectional study. The dependent variable was the development of moral judgement, as measured by Rest’s Defining Issues Test. The independent variable was the amount of ethics taught in the nursing programmes and the level of academic education. The senior nursing students from programme A scored significantly higher than the other senior groups on the Defining Issues Test. The conclusion is that an ethics course with group participation and a decision-making element significantly facilitated nursing students’ development of moral judgement. (shrink)

Demographic differences among consumer groups have become increasingly important to the development of marketing strategies. Marketers depend heavily on the sales force to implement strategies at the consumer level and, not surprisingly, different groups may view the salesperson’s role differently. Unfortunately, unethical sales practices targeted at various consumer groups, and especially at seniors, have been utilized as well. The purpose of this study is to provide initial empirical evidence of the ethical ideological make-up of four age segments outlined by Strauss (...) and Howe (1991, Generations: The History of America’s Future 1584–2069, Morrow, New York) and to examine the propensity for these groups (seniors, in particular) to respond differentially to potentially unethical sales tactics. Data were collected from 179 respondents representing the four generational age groups. MANOVA revealed that the seniors in this study were distinct with respect to ethical ideology and less accepting of unethical sales tactics. Managerial implications are discussed for sales organizations to maximize their effectiveness across consumer groups. (shrink)

This book attempts to relate a theory of liberty to the practice of education, and to work out the implications of beliefs about freedom for our schools and classrooms. The author makes a plea for greater respect for children and argues for greater democracy in education.

"Künstlerische Selbstverletzung - seit den 1960er Jahren international fester Bestandteil der Performance Art - polarisiert, verstört und wirft vor allem Fragen nach Handlungsmotivationen auf. Rosemarie Brucher deutet dieses radikale Phänomen als Bewältigungsversuch bedrohter Autonomie und damit in erster Linie als Ermächtigungsstrategie. In dieser Ambivalenz aus Subjektermächtigung und Naturunterwerfung lässt sich künstlerische Selbstverletzung vor dem Hintergrund von Immanuel Kants Ästhetik des Erhabenen lesen, was die Autorin exemplarisch an VALIE EXPORT und Stelarc darlegt. Eine solche Bezugsetzung eröffnet nicht nur einen innovativen Zugang (...) zu dieser Kunstform, sondern wirft zugleich auch ein neues Licht auf Kants Erhabenheitskonzeption"--Back cover. (shrink)

1. IntroductionA paternalistic act is one in which the protection or promotion of a subject's welfare is the primary reason for attempted or successful coercive interference with an action or state of that person. My aim in this paper is to determine the conditions under which such acts are Justified. The route I take is through the concept of consent, with actual consent providing the foundation for a rather complex condition which I claim is necessary and sufficient for the Justification (...) of paternalism.Because a paternalistic act apparently violates a subject's right to non-interference, it constitutes a problem in the general area of rights. Ideally, then, one should have a developed and convincing theory of rights — that is, a theory which contains an analysis of the concept of a right, and offers solutions to the central problems, e.g. who has rights and why, what considerations override prima facie rights, and how the relative importance of prima facie rights is determined — from which the solutions to various problems about paternalism can be derived. (shrink)

The West has created categories of property, including intellectual property, which divides peoples and things according to the same colonizing discourses of possessive individualism that historically disentitled and disenfranchised Native peoples in North America. These categories are often presented as one or both of neutral and natural, and often racialized. The commodification and removal of land from people’s social relations which inform Western valuations of cultural value and human beings living in communities represents only one particular, partial way of categorizing (...) the world. Legal and cultural manifestations of authorship, culture, and property are contingent upon Enlightenment and Romantic notions built upon a colonial foundation. I will argue that the law rips apart what First Nations peoples view as integrally and relationally joined, but traditional Western understandings of culture, identity, and property are provoked, challenged, and undermined by the concept of Aboriginal Title in a fashion that is both necessary and long overdue. (shrink)

Pure time preference is a preference for something to come at one point in time rather than another merely because of when it occurs in time. In opposition to Sidgwick, Ramsey, Rawls, and Parfit we argue that it is not always irrational to be guided by pure time preferences. We argue that even if the mere difference of location in time is not a rational ground for a preference, time may nevertheless be a normatively neutral ground for a preference, and (...) this makes it plausible to claim that the preference is rationally permitted. (shrink)