When David Souter was nominated by President Bush to the Supreme Court, he cited John Marshall Harlan as his model. It was an interesting choice. Admired by conservatives and deeply respected by his liberal brethren, Harlan was a man, as Justice William Brennan lamented, whose "massive scholarship" has never been fully recognized. In addition, he was the second Harlan to sit on the Court, following his grandfather--also named John Marshall Harlan. But while his grandfather was an outspoken supporter of reconstruction (...) on a conservative court, the younger Harlan emerged as a critic of the Warren Court's liberal expansion of civil liberties. Now, in the first biography of this important but neglected jurist, Tinsley Yarbrough provides a detailed account of Harlan's life, from his privileged childhood to his retirement and death. Yarbrough examines the forces and events which shaped the Justice's jurisprudence--his early life and often complex family relationships, education at Princeton and Oxford, his work as a prosecutor during Prohibition, Republican Party activities, wartime service in the Army Air Force, and years as one of the nation's preeminent corporate lawyers. The book focuses, however, on Harlan's years on the high bench. Yarbrough weaves together discussions of the Justice's relations with his brethren, clerks, and staff, an examination of Harlan's role in the decision-making process on the Court, and an analysis of his jurisprudence. The Justice's approach to constitutional interpretation exalted precedent, deference to governmental power, and narrow decisions closely tied to case facts; but he also accepted an evolving, creative model of constitutional construction which permitted expansive readings of constitutional rights. Yarbrough's details Harlan's close relationship with Justice Frankfurter, showing how--despite their friendship and alliance--Harlan strongly marked out his own position, both personally and judicially, on the Warren and Burger courts. And he examines the substance and significance of his dissents in such famous cases as Miranda and the Pentagon Papers. Intensively researched, smoothly written, and incisively argued, Yarbrough's biography offers an absorbing account of the life and career of a great dissenter, hailed by admirers as a "lawyer's lawyer" and a "judge's judge." Coming at a time when the high court has begun to adopt many of Harlan's principles, this account provides an essential perspective on the Court, civil liberties, and a pivotal figure in the history of both. (shrink)

This book is a collection of secondary essays on America's most important philosophic thinkers—statesmen, judges, writers, educators, and activists—from the colonial period to the present. Each essay is a comprehensive introduction to the thought of a noted American on the fundamental meaning of the American regime.

In lieu of an abstract, here is a brief excerpt of the content:Sozzini’s Ghost: Pierre Bayle and Socinian TolerationBarbara Sher TinsleyPierre Bayle’s Philosophical Commentary (1686–87), a Huguenot exile’s response to the Revocation of Nantes, established its author as a defender of free conscience for pagans, Muslims, Jews, atheists, Catholics, Protestants, Anabaptists, and Socinians. 1 The virtues of Pagans and Atheists are most fully treated in Bayle’s work on the comet. 2 In this work pagans, Catholics (whom Bayle equated with pagan (...) idolators), and atheists were compared to the advantage of the latter, a conclusion that caused widespread scandal and for which Bayle was obliged by his church to write an apology or clarification found in his Dictionary. 3 In toleration there was no juste milieu. 4 Everyone must act according to conscience no matter how errant. Bayle reiterated a position taken in his criticism of the Jesuit Louis Maimbourg’s History of Calvinism. 5 In it Bayle first enunciated the principle that he noted frightened readers and caused a scandal, namely, that error disguised as truth must be allowed all the privileges of truth, i.e., must be permitted to be believed by those convinced they had found truth. This doctrine of errant conscience was basic to Bayle’s understanding of God and man’s search for Him; and after his death it became basic to concepts of individualism, free [End Page 609] inquiry, free speech, and inalienable rights, concepts which were all made concrete during the Enlightenment. Forcing conscience was wrong. 6Bayle’s lack of partisanship in treating religious history invited criticism from Calvinists in Holland. He wrote to Mr. Pecher, a minister at Emmerick, that in his Dictionary he had avoided passionate prejudice with respect to Jesuits or to any other subject. 7 But had he also avoided an indifference to dogma? Not according to his chief critic who was his erstwhile patron turned enemy, Pierre Jurieu, Pastor of the Reformed church of Rotterdam and theologian in the Ecole Illustre. This school, founded expressly for Bayle and Jurieu by the city council of Rotterdam, 8 allowed Bayle to teach philosophy and history. Since Jurieu thought Bayle “indifferent” to dogma, he believed him to be a covert Socinian or atheist. In 1693 he managed to have Bayle dismissed from his teaching post.Indifference was a concept that started with the ancients, particularly Stoics, Skeptics, and Cynics, who regarded everything except virtue as matters of indifference, a posture with which many of Bayle’s writings, though not all, seemed to agree. In scholastic logic indifferentism meant that things were neither particular nor universal but indifferently so according to the viewpoint from which they were regarded. Jurieu made the charge of indifferentism in 1687. 9 He remarked then of Bayle’s concept of the erring conscience that it was “developed with a view to establishing tolerance and a general indifference of all sects and even of all religions.” 10 Bayle was not indifferent to doctrine. He remained loyal to the Reformed faith, defended orthodoxy, and in a letter to his cousin protested that he was ready to show that his work on comets contained nothing that was contrary to right reason, Scripture, or the Confession of faith of the Reformed Church. 11 Paul Dibon noted that Bayle was especially consistent in his concern for divine transcendance rather than indifference. 12 Henry Kamen wrote that Bayle wrote in “complete theological indifference,” 13 a statement ignoring Bayle’s disapproval of much theological heterodoxy, the orthodoxy of others. While Bayle was usually non-partisan, he was never indifferent. Kamen’s remark contrasts [End Page 610] with Theodore Rabb’s, who wrote that Jean Bodin and Bayle took their stand on “the equality of all beliefs” 14 a statement suggesting indifference, but in a positive rather than negative way.Bodin’s own religion was particularly problematic. Tolerant for his age, a whole century before Bayle, Bodin, a Carmelite friar for several years, had already repudiated forcing conscience. In his book on the state he warned that those who do so merely create more intransigence among their already alienated subjects. 15 He also insinuated that a multiplicity of religions—“all the religions of all people”—including natural religion, Jupiter’s... (shrink)

This book is a series of examinations of Black queer cis and transfeminity, a personal and loving homage to "Black femmes poetics of survival during the Trump era and beyond." Tinsley examines contemporary Black femme cultural production: the music of Kelsey Lu and Janelle Monáe; the visual work of Juliana Huxtable; Janet Mock's writing/directing of the TV show Pose, and the creations of Tourmaline; the fashion of Indya Moore; and (F)empower. She is interested in Black femme representations in film, (...) popular music, television, graphic novels, and poetry to conceptualize Black femme as figuration: that is, as a set of consciously, continually rescripted cultural and aesthetic practices that disrupt conventional meanings of race, gender, and sexuality. (shrink)

Globalization is a part of modern life. Sharing a common set of professional nursing values is critical in this global environment. The purpose of this research was to examine the professional values of nursing students from two distinct cultural perspectives. Nurse educators in Taiwan partnered with nurse educators in the United States to compare professional values of their respective graduating nursing students. The American Nurses Association Code of Ethics served as the philosophical framework for this examination. The convenience sample comprised (...) 94 Taiwanese students and 168 US students. Both groups reported high scores on an overall measure of values. They did differ substantially on the relative importance of individual items related to advocacy, competence, education, self-evaluation, professional advancement, and professional associations. Global implications for the collaborative practice of nurses from different cultures working together can be improved by first recognizing and then attending to these differences in value priorities. (shrink)

The population of most non-dominant ethnic groups in the USA is growing dramatically. Faculty members are challenged to develop curricula that adequately prepare our future nurses. An increased focus on clinical ethics has resulted from the use of sophisticated technology, changes in health care financing, an increasing elderly population and the shift of care from inpatient to outpatient settings. Nurses frequently face situations demanding resolution of ethical dilemmas involving cultural differences. Nursing curricula must include content on both ethics and cultural (...) sensitivity. Active student participation is an important element providing a foundation for ethical practice. A proposed educational format was introduced with graduating baccalaureate students. In a pilot study, curricular content on cultural sensitivity and ethical practice was taught in separate modules. Students were then asked to identify and problem solve an ethical dilemma involving patients and professional caregivers from vastly different cultures. Course faculty members provided discussion questions to guide the students' thinking. (shrink)

This study examines a recent claim that it was the Umayyad caliph ʿUmar b. ʿAbd al-ʿAzīz who instituted the requirement that non-Muslims living under Muslim rule adopt distinctive dress and behavior. After showing that the evidence for the origins of the ghiyār is neither as unanimous nor as consistent as was suggested, it is argued that the ghiyār cannot be securely attributed to ʿUmar b. ʿAbd al-ʿAzīz and that the problem of its origins therefore remains in question.

This essay attempts to show that Plato’s thought makes important contributions to libertarian theory. Plato diagnoses the state as essentially a state of mind, one in which irrational desires replace natural reason as a guide to ethical conduct. The statist mindset is therefore marked by profound self-deception about what is truly good. Importantly, Plato contends that this self-deception plagues the rulers of the state as much as, or more than, the subjects. They mistakenly believe that wielding unjust power will bring (...) them happiness, when in fact it brings them misery. The aim of Plato’s philosophy is to convince aspiring rulers of that truth. (shrink)

This work is an historiographical analysis of Bayle's view of the Reformation and the Europeans it affected."--BOOK JACKET.

A study of Strums life and influence on Christian higher education. Other the first translation of Strums Latin essays.

Name der Zeitschrift: Der Islam Jahrgang: 93 Heft: 1 Seiten: 139-169.

Philip the Chancellor was the first of a new generation of medieval theologians to engage the question of whether the world could have been infinite in past duration. This paper examines Philip’s Summa de bono in order to show, first, how Philip handles the Aristotelian material that seems to prove that past time is infinite in duration, a claim that placed Aristotle in direct conflict with the religious orthodoxy of his day. Second, though Philip himself believed that past time was (...) necessarily finite in a created world, this paper will show how his arguments for this position have weaknesses that allowed later thinkers to build upon Philip’s distinctions between time and eternity to demonstrate the conceptual possibility of a created world infinite in past duration. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 37.1 (2004) 72-91 [Access article in PDF] Passing Theories through Topical Heuristics: Donald Davidson, Aristotle, and the Conditions of Discursive Competence Stephen R. Yarbrough Department of English The University of North Carolina at Greensboro What are the conditions of discursive competence? In "A Nice Derangement of Epitaphs" Donald Davidson explains how it is possible that in practice we can, with little effort, understand and appropriately (...) respond to linguistic anomalies such as the malapropism—anomalies because, by definition, the "language" cannot account for how we understand them. Such anomalies, Davidson concludes, are the exceptions that do not prove but refute the traditional rule that antecedent linguistic systems govern discursive meaning. If that is so, then meanings are not a property of a linguistic system and are not "governed by learned conventions or regularities" (1986, 436); therefore, learning and sharing such conventions, what we traditionally call "language," is not a necessary condition of successful communication. He shows this by arguing that two conditions must be met for successful interlocution and that meeting these sufficiently allows successful interlocution to take place. A third condition—that the interlocutors share a language, an organized set of learned conventions or regularities "learned in advance of occasions of interpretation" (436) for which phenomena such as malapropisms would be anomalous—is neither a necessary nor sufficient condition of discursive competence.What I hope to show in this paper is that the two conditions Davidson argues interlocution must meet in order to succeed both involve the interlocutor's implicit knowledge of what since Aristotle the rhetorical tradition has called topical heuristics. Although Davidson himself seems unaware of it, his philosophy places invention in a new light, one that allows us to understand that the invention process is not merely a supplement to discourse, useful only for professional speakers and writers, but intrinsic to all intercourse, and that the topics are not merely formal but pragmatic relations that develop from the processes of our interactions with others and with objects of our common concern in a world we can come to share. [End Page 72] Inferential method Davidson argues that the first condition necessary for successful interlocution is that "the interpreter can learn the semantic role of each of a finite number of words or phrases and can learn the semantic consequences of a finite number of modes of expression" (1986, 437). "For this to be possible," says Davidson, "there must be systematic relations between the meanings of utterances" (436). Here he is not talking about grammatical systems but about systematic relations between and among the interlocutors' discursive actions and the world with its objects to which their actions refer. As I'll explain more fully shortly, these are topical relations. What makes these relations possible, Davidson argues, is that the interlocutors share, not a set of learned conventions, but a "recursive characterization of the truth conditions of all possible utterances of the speaker" (437).Such a theory of truth can be something like a Tarski truth definition, the explanation of which can be extremely convoluted (see Davidson 1984), but it boils down to saying that an utterance is true if the anticipations raised by a belief in an interpreted utterance are met by the consequences of believing the utterance; or, to put it another way, if the utterance is an answer to the question that solicited it or a solution to the problem to which it responds. Thus, an example of such a truth definition would be "The grass is green (an utterance made by someone, somewhere, somewhen, under certain conditions) is true if and only if the grass is green (to that person, at that place, at that time, under those conditions)." The force of a Tarski truth definition is that to understand what an utterance means is to understand the conditions that make it true (to the speaker). This, in turn, implies that in order for the interpreter to learn the semantic roles of the speaker's words and phrases and the semantic consequences of her modes of expression, the... (shrink)

Justice and Leadership in Early Islamic Courts Edited by Intisar A. Rabb and Abigail Krasner Balbale, xvii + 241 pp. Price HB $45.00. EAN 978–0674984219.

Thought-expressions are not simply good; instead, they become good for us when they make sense, empower action, and support health. From time to time, we may need to consider the difference between thought-expression and discourse, or thought-expression that really makes sense, and the difference between discourse and discussion, or a discourse-situation that makes genuine agreement or disagreement possible for us. In this essay, I explore a problem that D. Z. Phillips and Randy Ramal have termed “logical inversion,” and I argue (...) that wherever logical inversions have gained a foothold in our thought-expressions, they threaten to render us incapable of authentic discourse and discussion by ensuring that we misunderstand the understandings of others such that we deceive ourselves and others by picturing the knowledge and truth of our perspective against an unreal background of conceivable falsehoods which we have falsely attributed to the perspectives of others. Where this has taken place, practices of philosophical attention and conceptual clarification are needed to help us move from a situation of endless thought expression toward authentic discourse and discussion. (shrink)

Standard models of adolescent risk taking posit that the cognitive abilities of adolescents and adults are equivalent, and that increases in risk taking that occur during adolescence are the result of socio emotional differences in impulsivity, sensation seeking, and lack of self-control. Fuzzy-trace theory incorporates these socio emotional differences. However, it predicts that there are also cognitive differences between adolescents and adults, specifically that there are developmental increases in gist-based intuition that reflects understanding. Gist understanding, as opposed to verbatim-based analysis, (...) generally has been hypothesized to have a protective effect on risk taking in adolescence. Gist understanding is also an essential element of informed consent regarding risks in medical decision- making. Evidence thus supports the argument that adolescents’ status as mature minors should be treated as an exception rather than a presumption, because accuracy in verbatim analysis is not mature gist understanding. Use of the exception should be accompanied by medical experts’ input on the bottom-line gist of risks involved in treatment. (shrink)

_Seeing the World through Children’s Eyes_ brings an overarching emphasis on ‘seeing’ to early years research and provides an opportunity to see and hear from leading researchers in the field concerning how they work with visual methodologies in their early years research.

Introducing Dialogic Pedagogy presents some of the ideas of Russian philosopher Mikhail Bakhtin concerning dialogism in a way that will engage and inspire those studying early childhood education. By translating the growing body of dialogic scholarship into a practical application of teaching and learning with very young children, this book provides readers with alternative ways of examining, engaging and reflecting on practice in the early years to provoke new ways of understanding and enacting pedagogy. This text combines important theoretical ideas (...) with a practical application to support practitioners who are keen to promote creativity and agency through ethical self-other relations. It provides unique insights into the amazing world of the youngest child, and offers enriched understandings of the profound impact of adults in their journey of becoming (or bildung). Key points covered include: Investigating dialogic philosophy and its application to early childhood education, with an emphasis on notions of justice, democracy, ethics and answerability Considering the relationship between dialogism and pedagogical approaches Theorising a range of approaches to relevant early childhood practice, as pedagogy This accessible and readable guide offers sound theoretical principles with practical suggestions for early years' settings. The book is supplemented by an extensive online video resource website that will bring these revolutionary ideas to life.. (shrink)

The foundation of the Christian counselling movement -- Christian counselling in the UK -- The aims of Christian counselling -- Integrating psychological and biblical truth -- Sigmund Freud--the founding father of psychotherapy -- The individual psychology of Alfred Adler -- Abraham Maslow--the man with new age tendencies -- Carl Rogers--a man who believed in himself -- Albert Ellis--the aggressive atheist -- The Bible's verdict on psychological 'truth' -- The case against Larry Crabb -- Self-esteem: the secular foundation -- Self-esteem and (...) the Christian counselling movement -- Self-esteem dogma in the light of scripture. (shrink)

New communication technologies such as the microcomputer, videotex/teletext systems, the videocassette recorder, and satellite receiving dishes have been available to farmers since the early 1980s. This longitudinal study examines ethical issues associated with the impact that differential patterns of adoption and use of these technologies have had on inequalities among farmers from 1982 to 1989. The results demonstrate a strong adoption and use bias toward larger scale farmers who already have well-developed skills for handling information. This bias is especially strong (...) for microcomputer and videotex/teletext systems, and it isincreasing over time. Although the same farmers are not adopting all communication innovations, there is a strong tendency toward the already information-rich making the most use of the innovations they adopt. The article concludes with several recommendations that would help minimize some of these information inequalities. (shrink)

Truth depends in some sense on reality. But it is a rather delicate matter to spell this intuition out in a plausible and precise way. According to the theory of truth-making this intuition implies that either every truth or at least every truth of a certain class of truths has a so-called truth-maker, an entity whose existence accounts for truth. This book aims to provide several ways of assessing the correctness of this controversial claim. This book presents a detailed introduction (...) to the theory of truth-making, which outlines truth-maker relations, the ontological category of truth-making entities, and the scope of a truth-maker theory. The essays brought together here represent the most important articles on truth-making in the last three decades as well as new essays by leading researchers in the field of the theory of truth and of truth-making. (shrink)

Theorists of learning, regulation, and evolution explain behavior using remarkably different concepts because of pressures toward specialization, a focus on testing simple causal theories that underconceptualize the contributions of the organism and its environment, and the absence of a working model capable of surviving in a complex environment. We add suggestions for the development and testing of such a model.

Name der Zeitschrift: Der Islam Jahrgang: 94 Heft: 2 Seiten: 577-583.

The second edition of The Great Psychotherapy Debate has been updated and revised to include a history of healing practices, medicine, and psychotherapy, an expanded theoretical presentation of the contextual model, an examination of therapist effects, and a thorough review of the research on common factors such as the alliance, expectations, and empathy.