On March 31, 2000, the Massachusetts Supreme Judicial court ruled that a contract awarding custody of frozen pre-embryos to the wife upon divorce was unenforceable because it violates public policy. This is the first reported case to address a contract between the clinic and the parties where the contract would have awarded the pre-embryos to one of the gamete providers. The decision in A.Z. v. B.Z. 431 Mass. 150 differs from decisions in the two other courts of last resort deciding (...) related cases where enforcement of contracts was supported. This case represents an important development in the legal doctrines associated with frozen pre-embryos as it explicitly differs from the other courts’ decisions in addressing pre-embryos at the same developmental stage. (shrink)

On March 31, 2000, the Massachusetts Supreme Judicial court ruled that a contract awarding custody of frozen pre-embryos to the wife upon divorce was unenforceable because it violates public policy. This is the first reported case to address a contract between the clinic and the parties where the contract would have awarded the pre-embryos to one of the gamete providers. The decision in A.Z. v. B.Z. 431 Mass. 150 differs from decisions in the two other courts of last resort deciding (...) related cases where enforcement of contracts was supported. This case represents an important development in the legal doctrines associated with frozen pre-embryos as it explicitly differs from the other courts’ decisions in addressing pre-embryos at the same developmental stage. (shrink)

BackgroundNo standard method exists to assess how many consults a healthcare ethics consultation (HCEC) service should perform. To address this, we developed a method to estimate the volume of HCEC services based on a mixed-methods approach that included a systematic review and survey data on the volume of consult services requested.MethodsOur investigation included a systematic review of studies that reported the volume of HCEC services that were requested from 2000 to 2017, institutional surveys, and statistical analyses that estimated the volume (...) of HCEC services that were adjusted to the size of the hospitals in the survey and to population acuity.ResultsWe contacted the authors of 19 studies that met our inclusion criteria; 17 authors responded to the institutional survey and five provided annualized data points. We found that standard methods of reporting the volume of HCEC services led to inaccuracies in estimating the growth of HCEC services over time. To rectify this, we proposed two means to estimate volume based on either the service goals of HCEC services or hospital size and acuity.DiscussionThe statistical limitations of our study highlight the need to standardize the sharing and reporting of data in clinical ethics. Future work should further standardize methods of HCEC quality assessment using measures similar to those we describe. (shrink)

In this essay, I set forth a view of humans as creatures living at once in two worlds: the world of nature and the world of culture. I explore some of the tensions and paradoxes entailed by this position, as weIl as the implications for ethics, both interhuman and environmental. I also critique the distortions entailed by ethical stances which draw too heavily on one polarity or the other without taking sufficient account of the discontinuities between them.

Comparative Political Theory and Cross-Cultural Philosophy explores new forms of philosophizing in the age of globalization by challenging the conventional border between the East and the West, as well as the traditional boundaries among different academic disciplines. This rich investigation demonstrates the importance of cross-cultural thinking in our reading of philosophical texts and explores how cross-cultural thinking transforms our understanding of the traditional philosophical paradigm.

The methodology implicit in empirically grounded social scientific studies of religion naturally allies with forms of semantic holism. However, a well known argument which questions whether holism in general is consistent with the fact that languages are learnable can be extended into an epistemological one which questions whether holism is consistent with an empirical methodology. In other words, there is question whether holism, in fact, makes social science possible. I diagnose the assumptions on which that objection rests, pointing out that (...) they are not necessary for semantic holism per se. I argue that a form of semantic holism along the lines advocated by W. V. O. Quine and Donald Davidson can avoid the objection. Moreover, when seen in this light, it has the resources to withstand an even deeper methodological problem. In so doing, though, several important but overlooked implications for the study of religion emerge. (shrink)

The Exercise of the Primacy: Continuing the Dialogue, ed. by Phyllis Zagano and Terrence W. Tilley; Papal Primacy and the Episcopate: Toward a Relational Understanding, by Michael J. Buckley; Towards a Papacy in Communion: Perspectives from Vatican Councils I & II, by Hermann J. Pottmeyer.

In lieu of an abstract, here is a brief excerpt of the content:156 BOOK REVIEWS human being with happiness" (p. 34). I would only add that happiness is the reward of any reader who gives this book the attention that it deserves. Center for Thomistic Studies Houston, Texas JOHN F. x. KNASAS Henry VIII and the Conforming Catholics. By PAUL O'GRADY. Collegeville, Minnesota: The Liturgical Press, 1990. Pp. 186. $11.95 (paper). The careers and writings of what this author has called (...) " Conforming Catholics " have been generally neglected by historians of the English Reformation, at least until recently. That is why it is even more remarkable that not only one, but two books should be published in 1990 on this subject. Glyn Redworth's life of Stephen Gardiner, bishop of Winchester (Jn Defense of the Church Catholic, London: Basil Blackwell) is primarily a historical and biographical account of this pivotal anti-papal Catholic, with particular emphasis on the period from 1540-1547. This book, while complete and well written, concentrated on the life of Bishop Gardiner almost to the exclusion of his writings, though some of these were mentioned in passing. Paul O'Grady's book suffers from almost the reverse of that problem. In his Introduction, he contends that " intellectual systems, once generated, have a logic of their own." His concentration on the " intellectual system " of anti-papal Catholicism at times overwhelms the historical considerations of the period, and he falls into at least the neglect of what Professor Geoffrey Elton calls " uncertainty as to what actually happened." Dates are plentiful in this consideration, to be sure, but the events selected are limited, and one gets the impression that there is quite a bit more to the story than the author is letting on. Quite a bit of familiarity with the period is assumed by the author on the part of the reader, and much that is quite germane to the topic and useful to following the text is relegated to footnotes. The great contribution of this study is that it raises a number of names to a higher profile, and highlights their writings. Gardiner, though relatively neglected (at least until recently), is one of the few names that surface about which a biography has been written. There has been a significant amount of groundwork done for this book, and merely the listing of titles by these authors is a valuable contribution. But there are problems, some of which are hardly the fault of the author. O'Grady uses the term "Henrician Catholic" in a number of BOOK REVIEWS 157 places, which causes one to wonder, what was the Catholicism of Henry VIII himself? J. J. Scarisbrick, in his magisterial biography of the king, certainly goes over the evidence, and O'Grady adds nothing new. The sources are scanty, and one is forced at times to make a series of assumptions (based on Henry's choice of bishops and councilors, for example) about what Henry actually believed that eventually become a series of assumptions piled on top of other assumptions. Noticeably and significantly absent from the consideration of Henry's management of his ecclesiastics is any attention to Henry's plan for the formation of a strong Tudor monarchy within England, the long standing work of Professor Elton. Foreign policy, another issue in the religious settlement of the period, is mentioned occasionally and briefly (here Professor Redworth's book more than makes up the difference). One cannot attempt to determine the king's theological positions in a vacuum, and although Henry VIII did (and still does) have some reputation as an " amateur theologian " in the period in question, there are few purely theological statements by that monarch. Theology, to all appearances, was just one lever used by Henry in erecting a strong modern state: the imposition of theological and liturgical uniformity was almost always a means to political uniformity, as the Prayer Book Revolts in Cornwall and the West showed in Edward's reign. Another problem arises in determining who, exactly, is an Henrician Catholic? It is fairly simple to differentiate this group from the Reformers -the controversies over the Sacrament and justification by faith do this clearly. But how can they he separated from the Roman Catholics? O'Grady... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Schopenhauer's Pessimism and the Unconditioned Good MARK MIGOTTI SCHOPENHAUERTOOK PESSIMISMtO be a profound doctrine that had long been accepted by the majority of humanity, albeit usually in the allegorical form given to it by one or another religious creed. Accordingly, he credited himself, not with the discovery of pessimism, but with the provision of a satisfactory philosophical exposition and defense of its claims. It was, he contended, only within (...) the context of his philosophy, animated by the "single thought" that "the world is the self-knowledge of the will,"' that the ultimate significance of pessimism and the arguments demonstrating its inescapability can be brought to light. If, nevertheless, he sometimes appears to protest too much, to defend pessimism as if it were a striking and novel affair, he would have attributed this to the fact that he was, unfortunately, writing in the midst of one of the most naively optimistic cultures known to world history. 2 The philosophical reception of Schopenhauer's pessimism since the publication of The World as Will and Representation in 1818 would, one suspects, have been taken by him as further evidence of modern Western philosophy's optimistic somnambulance. For while other, comparably fundamental aspects of his thought--for example, his theories of action, of the self, and his criticisms of Kant--have received a welcome amount of fruitful, critical attention, his I would like to thank John Atwell, David Schmidtz, Susan Haack, Rudolf Makkreel and, especially,two anonymous referees, for prompting me to make substantial improvements to an earlier draft of this paper. ' Arthur Schopenhauer, Der handschrifllicher Nachlass 1, ed. Arthur Hiibscher (Frankfurt-amMain : Kramer, 1967),462; Manuscript Remains 1, trans. E. F.J. Payne(NewYork: Berg Publishing, 1988), 512. 'See, for example, Arthur Schopenhauer, D/e Welt als Wille und VorsteUung II. In Arthur Schopenhauer. Ziircher Ausgabe, ed. Arthur Hiibscher et. al. (Zurich: DiogenesVerlag, 1977),w 4:721, 732-33; The World as Will and Representation II, trans. E. F. J. Payne(New York: Dover Press, 1969),615, 625-26. Future references to this work willbe made within the text, by the abbreviation WW followed by section number, German edition volume and page number and English translation page number. [643] 644 JOURNAL OF THE HISTORY OF PHILOSOPHY 33:4 OCTOBER ~995 pessimism has not. Amongst enthusiastic followers it has sometimes been swallowed more or less whole, but from more independent-minded readers it has generally met with disdainful mockery or well-intentioned neglect.3 The aim of this paper is to help rectify' this imbalance. In the first of its four sections, I present an account of Schopenhauerian pessimism that can claim a good measure of textual support, and the essential features of which are found often enough in the secondary literature to warrant calling it the mainstream interpretation.4 In section 2 I show that, as critics have charged, the arguments for pessimism on this interpretation suffer from a pair of fatal ambiguities, and in section 3 I sketch an alternative argument for pessimism, one not so obviously open to the sort of knock-down refutation to which the first argument succumbs. In the paper's final section l explore further the philosophical consequences of this alternative argument for pessimism. 3Gyorg'yLukacs, "Schopenhauer," chapter ~,section 4 of The Destruction of Reason, trans. Peter Palmer (London: Merlin Press, 1979), 19~-243, isthe locusclassicusof an attitude of superior scorn. Bryan Magee, The Philosophy of Schopenhauer (Oxford: "the Clarendon Press, 1983), z3-14, D. W. Hamlyn, Schopentmuer (London: Routledge, z98o), *43, Michael Fox, "Schopenhauer on Death, Suicide, and Renunciation." in Schopenhauer: His Philosophical Achievement, ed. Michael Fox (Totowa, NJ: Barnes and Noble Books, 198o), ]47-7o, and David Cartwrigh*, "Schopenhauer on Suffering, Death, Guilt, and the Consolation of Metaphysics,"in Schopenhauer: New Essays in Hotwr ofHis 2ooth Birthday, ed. Eric yon der Luft (Lewiston,NY: Edwin Mellen Press, t988), 66, all incline to the viewthat it was temperament, not argument, that drove Schopenhauer to pessimism, while Patrick Gardiner, Schopenhatwr (London: Penguin Books, ]963), does not discuss pessimism by name. Not even Nietzsche, the deepest and most astute of Schopenhauer'scritics,can resistbarbs of the following sort: "Schopenhauer, although a pessimist, in ]act played the flute... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BUDDHISM AND MIMETIC THEORY: A RESPONSE TO CHRISTOPHER IVES Leo D. Lefebure Fordham University ChristopherIves offers avery clearandthoughtful exploration ofthe relation between Dharma and Destruction. His discussion helps us to understand the historical relation between institutions and violence in various Buddhist traditions. His overview of the historical record is quite compelling, offering us an important counterpoint and corrective to the widespread images of Buddhist peacemakers in the popular (...) media. From the beginning, the Buddhist tradition has had a mixed record in its understanding and practice of the first moral precept, nonviolence. The encounter between Buddhist perspectives and mimetic theory poses interesting challenges for both partners to the discussion. Mimetic theory offers Buddhists an analysis ofthe construction ofdesire and the self that in many ways complements traditional Buddhist perspectives. It also offers a naming ofthe mechanisms of violence in the formation of societies that may be helpful for Buddhists' social analyses. Buddhism for its part offers mimetic theory a centuries-old tradition of reflection on the role of desire in the construction of an illusory self as well as a body of practical wisdom on non-violence that, even if it has not always been put into practice, challenges and instructs the human community today. The popular images of Buddhist peacemakers are, after all, deeply rooted in the early Buddhist tradition and powerfully represented by contemporary figures such as the Dalai Lama, Mahaghosananda (the Patriarch of Cambodian Buddhism and Thich Nhat Hanh (a Vietnamese Zen Buddhist leader who has been nominated for the Nobel Peace Prize). 176Leo D. Lefebure I approach this discussion not as a professional scholar of Buddhism but as a Christian theologian who has been involved in Buddhist-Christian dialogue and who is interested in both Buddhism and mimetic theory, as well as in the relations between these two trajectories today. One model for further discussion would be to take the historical data that Ives has set forth and then apply mimetic theory, asking to what degree mimetic theory can illumine the dynamics and developments of Buddhist history. Using Bernard Lonergan's image of the scissors, which Charles Heflingmentionedin his discussion inthis conference, this approach would cast Buddhism in the role of providing the lower blade of the scissors, the data to be understood, and mimetic theory would provide the upper blade of the scissors, the analytic concepts to understand the data and to make judgments and decisions. In this method, Buddhism would be relatively passive and mimetic theory would be more active. I am sure that there is ample material in Buddhist history that lends itselfto mimetic analysis (one can think ofthe traditional treatment ofthe so-called "outcasts" in Japanese society). One could, as James Alison noted in his opening address, go on endlessly, even obsessively applyingmimetic concepts to different areas of human experience. I am not sure this qualifies as true dialogue, however. It risks continuing the older Orientalist assumption that only Western concepts are capable of understanding Asia's experience and that Asians themselves have relatively little to contribute.1 For a true dialogue, the voices ofboth traditions must play a rather more active role. Both traditions can furnish material for both the upper and the lower blades of the scissors. In Lonergan's terminology, we aremovingbeyondinterpretation, which seeks understanding, and beyond history, which for Lonergan asks what is going forward in history, to the distinct functional specialization of dialectic (Lonergan 125?30). This discipline reflects upon the underlying values at work in historical processes and the assumptions behind these values. In this inquiry we ask about the status of differences of perspective: to what degree are they complementary and where are they contradictory? I would like to organize the discussion between Buddhist perspectives and mimetic theory around the three central points of mimetic theory, which René Girard himself has described as his three most important discoveries: (1) the mimetic construction of desire as the source of human identity, (2) the surrogate victim mechanism as the central dynamic of 1 On Orientalism, see Edward W. Said, Orientalism (New York: Vintage Books, 1979). A Response to Christopher Ives177 primal religion and culture, and (3) biblical revelation as the unique, unparalleled unmasking of the surrogate victim mechanism... (shrink)

Emotion theorists have long held that a fundamental characteristic of an emotion is how its constituent processes change and interact over time. Assessing these temporal dynamics of emotion in the brain is critical for understanding the neural representation of emotions as well as advancing theories of emotional processing. We review the neuroimaging research on three temporal dynamic features of emotion: time of onset, duration, and resurgence and show how assessing these temporal dynamics in the brain have led to improved understanding (...) of the structure and function of emotional processes such as revealing which appraisals come first, how emotional processing endures both explicitly and implicitly, and that the resurgence of emotional processing may consist of either single or multiple processes. (shrink)

Symposium: A Changing Moral Climate With a discussion of Stephen Gardiner’s A Perfect Moral Storm: The Ethical Tragedy of Climate Change (OUP 2012) Guest Editor: Marcello Di Paola Submission Deadline Long(1,000 words max): September 15, 2012 Full paper (10,000 words max, upon acceptance): January 15, 2013 Invited Contributors Simon Caney (University of Oxford), Dale W. Jamieson (New York University), Christopher Preston (University of Montana), Ronald Sandler (NorthWestern University), and Stephen M. Gardiner (University of Washington).

Before attempting to suggest a religious theory of ethics that appears to me to be tenable, I want to say three things by way of introduction.

[Open access] In this book symposium the author takes up questions from phenomenology, hermeneutics, ethical theory, and intellectual history raised by a group of scholarly interlocutors from a range of backgrounds. In the course of engaging with these issues, he discusses, inter alia, McDowell’s realism, Jonathon Lear’s work on the end of a world, Michael Oakeshott’s view of selfhood, Heidegger’s conception of Jemeinigkeit, Uexküll’s notion of Umwelt, and Gadamer’s hermeneutic conception of truth.

In lieu of an abstract, here is a brief excerpt of the content:164 BOOK REVIEWS "was presented with wine in the name of the whole University." That evening, one of the feasters recalled that this was the man who had written the foremost theological defense of the Royal Supremacy: the following morning, when Gardiner asked for vessels and vestments to say Mass before proceeding on his way, they were refused him, as to an excommunicate or a schismatic. This incident (...) is significant for a number of reasons: it shows that, whatever anyone else might have thought, Gardiner certainly thought he was a Catholic. The ambiguity of that label, and how far exactly it extended, is also quite evident. Some explanation of the difficulty and some consistency of usage in the text of the biography would have been welcome. The text itself appears to have a number of editorial flaws: p. 201 begins in the middle of a paragraph, and the opening lines are omitted. In the second paragraph of p. 176, numbers are transposed so that what is printed as 1534 should read 1543 (in the context, a significant difference). The book is, on the whole, a contribution to scholarship that is long overdue. That a man who was so powerful (not to say feared) during his own lifetime should wallow in oblivion is confusing. Redworth 's biography, for all its incompleteness, is of great value in piecing together the life of this leader, both political and ecclesiastical, who sought to fashion the emerging English Church and nation into a recognizably Catholic form. Dominican House of Studie$ Washington, D.C. W. BECKET SOULE, 0.P. Art and the Word of God (Arte e la Parola di Dio): A Study of Angelico Rinaldo Zarlenga, O.P. Edited by VINCENT I. ZARLENGA, O.P. (text in English and Italian). River Forest, Illinois: Fra Angelico Art Foundation, 1990. Pp. xiv + 109. The religious order of the Dominicans (Order of Preachers) was founded in the thirteenth century by St. Dominic with the specific purpose of preaching the Gospel or " ministry of the Word." With the Franciscan Order it shared in the creative, artistic impulse that produced the medieval cathedrals. It is often said that the great Summa Theologiae of St. Thomas Aquinas, for all its intellectual rigor, is also a work of art comparable to the gothic masterpiece of Chartres cathedral. Dominicans and Franciscans thought that the Gospel should find expression not only in words, but in poetry, music, architecture, and BOOK REVIEWS 165 the plastic arts. Among the artists who were members of the Dominican Order are the recently beatified Fra Angelico (BL Giovanni da Fiesole ), Bartolommeo della Porta, an important influence on Raphael and other High Renaissance painters, Juan Mayno the gifted Spanish contemporary of El Greco, Pere Couturier, the advocate of modern church art and friend of Matisse, and the American sculptor, Thomas McGlynn. Carrying on this Dominican tradition, Angelico Rinaldo Zarlenga (1919-1986), a native of Italy, worked in the United States from 1949 until his death. The present work, edited by his brother Vincent, also a member of the Order, makes available a chronological catalogue of his paintings, sculptures, and designs in glass, with many illustrations in full color, along with a biography and critical appreciations by others, including Cardinals Joseph Bernadin and Mario Luigi Ciappi. It is an important contribution to the history of Catholic religious art in the United States. The noted German theologian Hans Urs von Balthasar built his whole theology not on the goodness and truth of God, but on His beauty, or in biblical terms, God's "glory." According to St. Thomas Aquinas, " beauty " is the " radiance of truth," that is, it is truth as truth is related well to our knowing powers. Like the fit between the key and the lock, beauty is the fit between known and the knower. That is why a landscape on a cloudy day looks dull and uninteresting, but when the sun comes out it appears strikingly beautiful. The sun's illumination has made the dim objects vividly visible, radiant to our eyes. This is what the artist does for us. He does not clothe the facts of reality with an adventitious beauty, but he illumines those facts so that... (shrink)

Given the recent call to strengthen collaboration between researchers and relevant practitioners, we consider participatory design as a way to advance Cognitive Science. Building on examples from the Learning Sciences and Human−Computer Interaction, we (a) explore what, why, who, when, and where researchers can collaborate with community members in Cognitive Science research; (b) examine the ways in which participatory‐design research can benefit the field; and (c) share ideas to incorporate participatory design into existing basic and applied research programs. Through this (...) article, we hope to spark deeper discussions on how cognitive scientists can collaborate with community members to benefit both research and practice. (shrink)

As a student and collaborator of Louis Agassiz on the study of fishes, F. W. Putnam gave promise of becoming a leading ichthyologist with special interest in taxonomy generally and the Etheostomidae in particular. While he was noted briefly in these fields, contributed a number of minor papers, and aided in the posthumous publications of some of Agassiz's work on fishes, he neither reached his original goal nor completed his major projected works. For in 1874 he switched careers and was (...) appointed Curator of the Peabody Museum of American Archaeology and Ethnology at Harvard University, and is remembered today primarily as a founder of American archaeology rather than as a systematic ichthyologist. (shrink)