Brown famously held that in the field of public education, segregation has no place. But segregation was undefined. Was segregation constituted by mere racial classification, by the fact that the state had divided children into racial groups? Or did Brown condemn a caste system whose effect was to stigmatize black children. In Parents Involved v. Seattle Justice Roberts says segregation is about children not black children. This colorblind approach represents both a rewriting and appropriation of Brown in the service of (...) formalism. The Roberts court writes not only a new version of Brown but a new historical narrative about the meaning of segregation. The theme of this new story is formal equality - equality of opportunity only - as a universal ideal. This new story is woven entirely out of the language of Brown detached from all historical context. Conservatives have long canonized Brown. It has been a kind of second constitution for the second reconstruction. But how does this new story compare to the original understanding ?: Was this the evil that Brown denounced? By framing the issue in this way the paper seeks to make an end run around an impasse in our social and legal debate. Many progressive scholars have challenged the conservative conception of formal equality by suggesting alternative ways of thinking about it: anti-subordination models, a heightened call that equality should take issues of racial caste into account. But this external critique has stalled, perhaps in part because of the slippery indeterminacy of normative ideals. Segregation is far more determinate; it is something that has been concretized not only by the lived experience of black people, but by an earlier realist tradition on the part of the Warren court which saw it as it was. Retelling the two parts of this forgotten history we expose the disconnect between the Supreme Court's universalism and the actual meaning of segregation in context. Also, by focusing on the original understanding we seek a kind of internal critique showing how the politics of historical revision does not withstand the conservatives own interpretive approach. (shrink)

Recent claims that the Christian tradition justifies destructive research on human embryos have drawn upon an article by the late Professor Gordon Dunstan which appeared in this journal in 1984. Despite its undoubted influence, this article was flawed and seriously misrepresented the tradition of Christian reflection on the moral status of the human embryo.

The dependence of surgical training programmes on the supply of bodies by for-profit organisations places them at serious ethical risk. These risks, with their commodification of the bodies used in the programme, are outlined. It is concluded that this is not a satisfactory model for the trainees’ subsequent interaction with living patients and that a code of practice is required.

The furore over the retention of organs at postmortem examination, without adequate consent, has led to a reassessment of the justification for, and circumstances surrounding, the retention of any human material after postmortem examinations and operations. This brings into focus the large amount of human material stored in various archives and museums, much of which is not identifiable and was accumulated many years ago, under unknown circumstances. Such anonymous archival material could be disposed of, used for teaching, used for research, (...) or remain in storage. We argue that there are no ethical grounds for disposing of the material, or for storing it in the absence of a teaching or research rationale. Nevertheless, with stringent safeguards, it can be used even in the absence of consent in research and teaching. Regulations are required to control the storage of all such human material, along the lines of regulations governing anatomy body bequests. (shrink)

The present study of the manuscripts of the Knights arose out of the preparation of a text of the scholia for a forthcoming edition. The completion of a collation of all the manuscripts for the scholia seemed a suitable occasion for extending the inquiry and re-examining our manuscript tradition in both text and scholia, especially as the scholia in a manuscript, provided they come from the same source as the text, can often reveal facts that might escape an investigator who (...) confined himself to the text. The scholia are far greater in bulk than the text, and scribes are often less careful and so more self-revealing in scholia; so that both from the quantitative and qualitative points of view scholia are important for the student of the tradition. (shrink)

There exists a serious shortage of organs for transplantation in China, more so than in most Western countries. Confucianism has been commonly used as the cultural and ethical reason to explain the reluctance of Chinese and other East-Asian people to donate organs for medical purposes. It is asserted that the Confucian emphasis on xiao (filial piety) requires individuals to ensure body intactness at death. However, based on the original texts of classical Confucianism and other primary materials, we refute this popular (...) view. We base our position on the related Confucian norms of filial piety and ren (humaneness, humanity or benevolence), the tension between differentiated love and universal love, and belief in the goodness of human nature. In light of this, we argue that the Confucian ethical outlook actually calls for organ donation at an individual level, and supports an opt-out (presumed consent) system at the level of social policy. Furthermore, because the popular view is based on a number of dominant but misleading modes of thinking about cultural differences, our revisionist account of Confucian moral duties regarding organ donation has implications for developing a more adequate transcultural and global bioethics. These will be discussed and expanded upon. (shrink)

This paper examines creative strategies employed inscientific modelling. It is argued that being creativepresents not a discrete event, but rather an ongoingeffort consisting of many individual `creative acts''.These take place over extended periods of time andcan be carried out by different people, working ondifferent aspects of the same project. The example ofextended extragalactic radio sources shows that, inorder to model a complicated phenomenon in itsentirety, the modelling task is split up into smallerproblems that result in several sub-models. This is away (...) of using cognitive resources efficiently and in away which overcomes their limitations. Another aspectof modelling that requires creativity is theemployment of visualisation in order to reassemble,i.e. recreate the unity of, the various sub-models bymeans of visualisation. This illustrates how thecreative effort required to deal with the complexityof the complicated phenomenon of radio sources ischannelled in order to use cognitive resourcesefficiently and to stay within their capacity. (shrink)

The concept of brain birth has assumed a position of some significance in discussions on the status of the human embryo and on the point in embryonic development prior to which experimental procedures may be undertaken on human embryos. This paper reviews previous discussions of this concept, which have placed brain birth at various points between 12 days' and 20 weeks' gestation and which have emphasised the symmetry of brain birth and brain death. Major developmental features of brain development are (...) outlined, including the gradualness with which new features generally appear, and also the electroencephalogram (EEG) characteristics of premature infants. From this it is concluded that, if the concept of brain birth is a valid one, it should be placed at 24-28 weeks' gestation. More importantly, it is concluded that the differences between brain development and brain death throw doubt on the concept itself. (shrink)

In the recent UK debate on the Human Fertilisation and Embryology Bill, there have been conflicting claims about the extent of public support for, or opposition to, human–animal hybrids. Self-selecting polls tend to show opposition to hybrids. Representative-sample polling shows spontaneous opposition but can elicit conditional approval of research, combined with underlying unease. Public opinion is very finely divided, with people generally opposed to this research unless it is likely to lead to medical advances.

This article is written from within the Catholic, and more particularly the Augustinian/Thomist tradition of moral theology. It analyses the response of the Catholic Magisterium to the prospect of germline-genetic engineering (GGE). This is a very new issue and the Church has little definitive teaching on it. The statements of Popes and Vatican congregations or commissions have not settled the key questions. An analysis of theological themes drawn from secular writers points beyond pragmatic safety considerations toward intrinsic ethical limits to (...) GGE. Given the impossibility of identifying would-have-been-created persons who would be “treated” by this intervention, altering the human genome for the sake of future generations cannot be regarded as “therapy.” Further theological considerations suggest that GGE may not be morally permissible, even in the case of identifiable genetic diseases. This is an area where more theological reflection is needed. (shrink)

Issues surrounding human embryos are poignant and profound. Should research be conducted on them? Should they be discarded? Should they be donated to infertile couples? The Warnock Report was a landmark in providing guidelines limiting experimentation on human embryos to the first 14 days after fertilization, at which time implantation of the embryo is complete and the primitive streak has appeared.2 However, these embryological features were not considered sufficiently distinctive to bestow upon this 14‐day period a separate classification. This situation (...) changed when, in 1986, Anne McLaren suggested the use of the terms ‘pre‐embryo’ or ‘conceptus' to designate “the entire product of the fertilized egg up to the end of the implantation stage” and the term ’embryo‘ for “that small part of the pre‐embryo or conceptus, first distinguishable at the primitive streak stage, that later develops into the foetus.”3 In this paper we look critically at the term ‘pre‐embryo’, and we shall present the case for an alternative set of terms, namely, embryo‐placenta and embryo‐fetus. We consider this latter to be biologically‐based terminology, that does not have any connotation of restricted moral value as the term pre‐embryo does for some. (shrink)

Written in a lucid and engaging style so that the reader is never 'confused by science', Dr. Jones challenges many assumptions and adds a new dimension to our understanding of the importance of a biblical understanding of the value of human beings.