This collection of original essays by leading and emerging scholars in the field examines the history, conditions, organization, and strategies of pro bono lawyering. Private Lawyers and the Public Interest: The Evolving Role of Pro Bono in the Legal Profession traces the rise and impact of the American Bar Association's campaign to hold lawyers accountable for a commitment to public service and to encourage public service within law schools. Combining empirical legal research with reflections by practitioners and theorists about the (...) meaning and practice of pro bono legal work, this collection of essays interrogates the public service ideals that are inscribed within the legal profession and places these ideals within a broader social, economic, ideological, and normative context. Particular attention is paid to the factors that explain why lawyers engage in pro bono work and the ways in which their views of pro bono are mediated by the institutional context of their legal practice. The book also explores the concept of "public" in public service and compares pro bono as a means of delivering legal services with other mechanisms such as state funding. Collectively, these essays investigate the evolving role of pro bono in the legal profession and in law schools, the relationship between pro bono ideals and pro bono in practice, the way that pro bono is shaped by external forces beyond the individual practitioner, and the multi-faceted nature of legal professionalism as expressed through pro bono practice. (shrink)

Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.

Few figures of the Middle Ages command the attention of so many modern disciplines as Robert Grosseteste (c. 1170-1253). Theology, Philosophy, History, and Science are all areas which his life and thought continue to have significance and to inspire re-interpretation. Accompanied by a series of original commentaries, this new edition of Grosseteste's work, with English translation, draws together the perspectives of modern scientists and medieval specialists. Volume I of a six volume series, Knowing and Speaking presents two of the earliest (...) of Grosseteste's works, the treatises On the Liberal Arts and On the Generation of Sounds. These are accompanied by a significant Middle English treatise on the Seven Liberal Arts whose anonymous fifteenth-century author translated and excerpted passages from Grosseteste's treatises in a re-imagining of their structure and function.0Each work is treated separately within the volume, which is constructed in three parts. On the Liberal Arts sets Grosseteste's thoughts on the arts subjects and emphasises moral concerns about the purpose of learning. On the Generation of Sounds builds on the theories and statements of On the Liberal Arts in connection to the production of sound, elaborating the earlier position, relating the generation of sounds to human vocal and speech production. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Rhetorical Landscapes in America: Variations on a Theme from Kenneth BurkeLawrence W. RosenfieldRhetorical Landscapes in America: Variations on a Theme from Kenneth Burke. Gregory Clark. Columbia: University of South Carolina Press, 2004. Pp. 181. $34.95, hardcover.Once again we are indebted to the University of South Carolina Press for a fine contribution from its Studies in Rhetoric/Communication series. Gregory Clark sets parallel aims: to apply Kenneth Burke's critical vocabulary (...) to cultural history, and to read American tourist sites and literature in the frame of Burke's notion of "identity" (147). Clark sees the American public landscape as "constituting in individual citizens a shared sense of common identity as members of a national public" (148). He claims that such shared experiences are as rhetorical as are more typical instances of public discourse. Thus American tourism has contributed to developing us into a national community.Clark supports his theme of rhetorical influence with six case studies: New York City, Shaker villages, Yellowstone National Park, the Grand Canyon, the Lincoln Highway, and the 1915 San Francisco Panama Exposition. While Burke's vocabulary offers a handy point of departure, the real news is in [End Page 172] Clark's discussion of the meaning and prominence of each of his six exemplars as cultural icons.This may be most evident (and endearing) as Clark recalls his own boyhood visits to Yellowstone, where he stood in the parking lot and was as captivated by the variety of license plates from across the country as by the hot springs and mudpots (69). This too was a celebration of nationhood. Equally fascinating is his consideration of the efforts of Stephan Mather, Mary Colter, and the Fred Harvey Company both to preserve national parklands and to develop a befitting "National Park Service Rustic" architectural style to enhance the natural landscape (this long before Disney's theme parks). Such typical excerpts almost cry out for Ken Burns or the History Channel to recreate the optimistic climate of a Romantic Post-Bellum civic culture depicted by Clark.The book becomes more tedious when its repeated invocation of Burkian terms tilts toward veneration. In his lifetime, Burke was unnerved by uncritical academic worship. He sought understanding, not deification. As he remarked, "They are an evangelical brood, bejeez. So... I [became] an observer at my own funeral."1 His wariness of academic enthusiasm is well taken. It does no disservice to Burke, for example, to recognize that his "identification" is a reworking of Vico's "ingenium" outfitted in creaky 1920s literary machinery.2 Shorn of some of the cumbersome Burkian baggage, the book's exemplars emerge as epideictic celebrations of the American tourist phenomenon and its part in shaping a national Romantic consciousness:And as rhetoric they traffic not in actions but in attitudes. People can encounter them without ever thinking of themselves as anything but spectators. Even in that role they are being educated... in matters of individual and collective identity.(148)Seen thus as reminders of our forebears' vision in pioneering the development of a national landscape trust, Clark's work edifies and opens us to the quiet excitement of meditative discovery. Clark guides us to monuments of cultural memory; his project is remarkably readable and a uniquely American enterprise.Lawrence W. RosenfieldUniversity of New HampshireNotes1. Letter to Malcolm Cowley, dated 11 August, 1955. Newberry Library Collection, Chicago.2. Cf. M. Mooney, Vico in the Tradition of Rhetoric (Princeton: Princeton UP, 1985), 151. [End Page 173]Copyright © 2006 The Pennsylvania State University... (shrink)

New Proposals for New Questions Nuevas propuestas para nuevas cuestiones In six sections, the volume deals with different questions of political philosophy. The first section focuses on democratic theories, the second on conceptual debates, discussing topics such as collective rights, the terrorist phenomenon, Libertarianism and conceptions of freedom. In a third section on contemporary debates, perspectives on sovereignity and legitimacy as well as discourse theory versus political liberalism are discussed. The volume also features essays on democracy and law, and in (...) a section entitled oJudicial construction of democracyo papers on constitutional reviews by judges in the Netherlands as well as the construction of democracy in the context of Latin-American democracies. Finally, in the last section the volume deals with the European Constitutional Treatise, analysing the arguments and examining the legitimacy crisis and the main objections displayed against this treatise. Contents I. On Democratic theory / Teoria de la democracia: Eerik Lagerspetz: The Problem of the Common Good in Democratic Theory Sergiy Maksymov: The Kantian Project of the Law Governed Society and New Democracies II. Conceptual debates / Debates conceptuales: Martin Blanchard: Recognition and the Case of Indigenous Reparations: A Habermasian Critique of Habermas Bronik Matwijkiw: The failed Model of Terrorism Susumu Morimura: The Libertarian View of Human Nature Jonathan E. Soeharno: Freedom as Second Nature. Exploring the value of Hegel's concept of Autonomous Personality for Global institutional theory Hashimoto Tsutomu: On the Concept of Positive and Negative Liberty III. Contemporary debates / Debates contemporaneos: Terhi Kiiskinen: Sovereignty Revisited: On Inalienable Constitutional Power Luiz B. Leite Araujo: A Decade of Debate: Discourse Theory versus Political Liberalism IV. Democracy and law / Democracia y derecho: Kenneth E. Himma: Does it really mather whether a Judicial Decision is morally Legitimate? The practical implications of Judicial Illegitimacy in a otherwise Legitimate State Carl Lebeck: Commitments, Rules and the limits of Constitutionalism Oliver W. Lembcke: Exception Rules? Freedom and the Order in a State of Exception Bart van Klink: Does Necessity knows no Laws? Application of Law in a State of Exception Costanza Margiotta: Ideas and Values of the oLegalo State Jiri Priban: Constitution-Making. Morality and Legal Symbolism: on Identity, Temporality and Differentiation of the legal, political and moral Systems V. Judicial construction of democracy / Construccion judicial de la democracia: Maurice Adams: Judging the Constitution: the Third Way. Some reflections on the introduction of Constitutional Review by Judges in The Netherlands Larry Alexander: What is the Problem of Judicial Review? Roberto Corona Copado: Las reglas del juego democratico. La Suprema Corte de Justicia de Mexico en la solucion de controversias entre organos del poder politico desde 1995 Jose de J. Ibarra Cardenas: La construccion judicial de la Democracia en Iberoamerica VI. Deliberation on European constitutional norm / Deliberacion sobre la nueva constitucion europea: Olaf Tans: Deliberating European Constitucional Norms. An Analysis of arguments Carla M. Zoethout: The Court and the Charter or Who Guards the Court of Justice of the EU under the new Constitution?. (shrink)

When we dream, it is often assumed, we are isolated from the external environment. It is also commonly believed that dreams can be, at times, accurate, convincing replicas of waking experience. Here I analyse some of the implications of this view for an enactive theory of conscious experience. If dreams are, as described by the received view, “inactive”, or “cranially envatted” whilst replicating the experience of being awake, this would be problematic for certain extended conscious mind theories. Focusing specifically on (...) Alva Noë’s enactive view, according to which the vehicles of perceptual experience extend beyond the brain, I argue that dreams are a quandary. Noë’s view is that dreaming is consistent with enactivism because even if dreams are inactive and shut off from the external environment, they are not “full-blown” perceptual consciousness, and also, there is some reason to reject the inactive claim. However, this view rests on an unjustified and reductive account of dreams which is not supported... (shrink)

Inhalt: Rainer ADOLPHI: Weltbild und Ich-Verständnis. Die Transformation des >Primats der praktischen Vernunft< beim späteren Fichte. Jacinto RIVERA DE ROSALES: Das Absolute und die Sittenlehre von 1812. Sein und Freiheit. Marek J. SIEMEK: Fichtes und Hegels Konzept der Intersubjektivität. Ewa NOWAK-JUCHACZ: Das Anerkennungsprinzip bei Kant, Fichte und Hegel. Ronald MATHER: On the Concepts of Recognition. Makoto TAKADA: Verwandlung der Individuumslehre bei Fichte. Hans Georg von MANZ: Deduktion und Aufgabe des individuellen Ich in Fichtes Darstellungen der Wissenschaftslehre von 1810/11. Jürgen (...) STAHL: Zur Kultur in der Vermittlungsrolle zwischen empirischem und absolutem Ich. Christoph ASMUTH: Metaphysik und Historie bei J.G. Fichte. Stephan GNÄDINGER: Vorsehung. Ein religionsphilosophisches Grundproblem bei J.G. Fichte. Johannes HEINRICHS: Die Mitte der Zeit als Tiefpunkt einer Parabel. Fichtes Geschichtskonstruktion und Grundzüge der gegenwärtigen Zeitenwende. Marco M. OLIVETTI: Zum Religions- und Offenbarungsverständnis beim jungen Fichte und bei Kant. (shrink)

The Geological Society of London was the first learned society to be devoted solely to geology, and its members were responsible for much of the spectacular progress of the science in the nineteenth century. Its distinctive character as a centre of geological discussion and research was established within the first five years from its foundation in 1807. During this period its activities were directed, and its policies largely shaped, by its President, George Bellas Greenough, on whose unpublished papers this account (...) is chiefly based.The Society began as a small scientific dining club in London, but it developed rapidly into a learned society with a nation-wide membership. It became so independent in outlook and so active in research that it was felt to threaten the esteem of the Royal Society; and little more than a year after its foundation it clashed with the Royal Society so violently that its continued existence was for a time uncertain.Its development into a large independent society was the outcome of its ‘Baconian’ view of the importance of collecting geological facts as a surer basis for geological theories. For this purpose it initiated an ambitious scheme for co-operative research, which would unite the efforts of ‘philosophers’ with those of ‘practical men’. Only personal reasons seem to have kept the most prominent of the practical men—William Smith—from co-operating with the Society. (shrink)

Is arguing over ontology a mistake? A recent proposal by Karen Bennett suggests that some metaphysical disputes, such as those over constitution and composition, can be dismissed on epistemic grounds. Given that both sides in a dispute try to minimize the differences between them, there are no good metaphysical grounds for choosing between them. In this paper, I expand on her epistemic dismissivism, arguing that given the Quinean conception of the task and method of metaphysics, we are warranted in believing (...) that all ontological disputes will end in a draw, even if they have not yet done so. By a draw, I mean that while both sides in a dispute are genuinely disagreeing about what there is and there are still moves open to them, there are no moves remaining that will advance the discourse further. (shrink)

This paper aims to present a critique of naturalistic theories of violence. The context of this critique concerns the naturalization of violence, which induces the assimilation power as a form of violence. Therefore, we resumed the theses of Hannah Arendt and Michel Foucault on power and violence. The goal is not to list the differences between these authors on the subject, which are explicit in the development of the test, but show their concordance regarding the critique of power as something (...) synonymous with violence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Christian PhilosopherKerry S. WaltersThe Christian Philosopher, by Cotton Mather; edited by Winton U. Solberg; cxlii & 488 pp. Urbana: University of Illinois Press, 1994, $49.95.Poor Cotton Mather! For well over two centuries now he has been a popular icon of unctuous self-righteousness, superstitious fanaticism, and dogmatic intolerance. Nor has endorsement of this stereotype been confined to casual laypersons who know of Mather only from (...) lurid accounts of Salem witch-hunting. Scholars who ought to know better often buy into it. Perry Miller, the doyen of early American studies, consistently wrote of Mather in a particularly unsympathetic manner. More odious, as Professor Solberg reminds us (p. xciii), was the treatment by historians at a Florida planetarium who in 1982 put together a short film on early European and American doomsday predictors which included segments on Mather the astronomer. When these segments appeared, a projector was programmed to flash the words “Feel Free to Boo and Hiss” on the planetarium’s dome—an invitation which audiences, presumably, gleefully accepted.Mather deserves better than this, and Winton Solberg’s critical edition of The Christian Philosopher goes a long way towards rehabilitating the Puritan divine. Along with recent studies such as Kenneth Murdock’s edition of Mather’s Magnalia Christi Americana (1977) and Kenneth Silverman’s masterful The Life and Times of Cotton Mather (1984), Solberg’s study painstakingly presents us with a detailed account of a man who undoubtedly was one of the most important literary figures in early America.Mather published The Christian Philosopher in 1721, seven years before his [End Page 167] death and eight years after being named to the Royal Society of London. The book was both the culmination of a lifetime of learning as well as a calculated effort on Mather’s part to show that his election to the prestigious Royal Society was deserved. The book is the first attempt by an American-born author to take a comprehensive look at the “new learning” associated with that period known since as the Enlightenment. Mather was an omnivorous reader and an equally thorough observer of natural phenomena, and he welcomed the scientific interpretations of reality offered by such savants as Isaac Newton, Robert Boyle, and John Ray. In the mind of Mather, such explanations posed no challenge to the Christian worldview. On the contrary, he concluded, they supported it by providing clear and indisputable evidence of design in nature. The Christian Philosopher (or, in more contemporary jargon, The Christian Scientist) is Mather’s attempt to defend this thesis. It is an exhaustive (and sometimes exhausting!) compendium of data gleaned from the natural realm which, in Mather’s judgment, irrefutably points to the existence of a grand Designer. Although Mather explicitly claimed that his primary goal in writing the book was to demonstrate that atheism is contrary to reason, he also penned one of the New World’s first systematic Enlightenment documents.One of the difficulties in reading The Christian Philosopher traditionally has been the sheer breadth of learning that went into its composition. Mather cites over four hundred books, includes hundreds of allusions to classical and scriptural sources, and so inundates the reader with evidence in support of his fundamental design argument that it is quite easy to lose one’s way. Professor Solberg has considerably lightened these burdens with his critical edition. He prefaces Mather’s text with a masterful 115-page introduction which places the work in its historical context as well as analyzes its methodology and arguments. Moreover, his edition includes 170 pages of endnotes, biographical notes, biblical references and a recapitulation of Mather’s own sources. Finally, Solberg supplies almost each page of Mather’s text with footnotes that identify literary or scriptural allusions and translate Mather’s liberal use of Greek and Latin quotations.Solberg’s edition of The Christian Philosopher will prove, I’m confident, to be the definitive text. It is an invaluable reference tool for the specialist, but it can also serve as a friendly and intriguing introduction for the layperson. Convinced Puritan-bashers who read this study may still regard Mather’s worldview with distaste, but I suspect that Solberg’s sensitive... (shrink)

Besides its intrinsic interest, the definition of ‘game’ is important for three reasons. Firstly, in Wittgenstein's Philosophical Investigations ‘game’ is the paradigm family resemblance concept. If he is wrong in thinking that ‘game’ cannot be defined, then the persuasive force of his argument against definition generally will be considerably weakened. This, in its turn, will have important consequences for our understanding of concepts and philosophical method. Secondly, Wittgenstein's later writings are full of analogies drawn from games—chess alone is mentioned scores (...) of times—and a proper understanding of ‘game’ can lead us to exercise more caution when considering the parallels between games and non-games. Thirdly, games and play are intriguingly and closely related to art and ritual, and an analysis of games can throw considerable light on both of the latter. (shrink)

We consider conditionals of the form A ⇒ B where A depends on the future and B on the present and past. We examine models for such conditional arising in Talmudic legal cases. We call such conditionals contrary to time conditionals.Three main aspects will be investigated: Inverse causality from future to past, where a future condition can influence a legal event in the past (this is a man made causality).Comparison with similar features in modern law.New types of temporal logics arising (...) from modelling the Talmudic examples. We shall see that we need a new temporal logic,which we call Talmudic temporal logic with linear open advancing future and parallel changing past, based on two parameters for time. (shrink)

George Greenough was one of the influential group of early nineteenth-century English geologists who rejected both Hutton's and Werner's attempts to propound all-embracing geological theories, and followed a deliberately empirical approach. He travelled through Scotland in 1805, studying geological phenomena in the light of both the Plutonist and the Neptunist theories, and generally concluded that neither was entirely satisfactory as an explanation of the observable facts. He was also the first to suggest that the ‘Parallel Roads’ of Glen Roy were (...) the successive beach-levels of a former lake: this theory was later attacked by Darwin but ultimately vindicated by Agassiz's glacial theory. The more important geological passages from Greenough's MS. journal of the tour are reproduced and discussed in this paper. They illustrate some of the scientific problems that were involved in accepting either Hutton's or Werner's theory entire. (shrink)

"My work has had nothing to do with gay liberation," Michel Foucault reportedly told an admirer in 1975. And indeed there is scarcely more than a passing mention of homosexuality in Foucault's scholarly writings. So why has Foucault, who died of AIDS in 1984, become a powerful source of both personal and political inspiration to an entire generation of gay activists? And why have his political philosophy and his personal life recently come under such withering, normalizing scrutiny by commentators as (...) diverse as Camille Paglia, Richard Mohr, Bruce Bawer, Roger Kimball, and biographer James Miller? David M. Halperin's Saint Foucault is an uncompromising and impassioned defense of the late French philosopher and historian as a galvanizing thinker whose career as a theorist and activist will continue to serve as a model for other gay intellectuals, activists, and scholars. A close reading of both Foucault and the increasing attacks on his life and work, it explains why straight liberals so often find in Foucault only counsels of despair on the subject of politics, whereas gay activists look to him not only for intellectual inspiration but also for a compelling example of political resistance. Halperin rescues Foucault from the endless nature-versus-nurture debate over the origins of homosexuality and argues that Foucault's decision to treat sexuality not as a biological or psychological drive but as an effect of discourse, as the product of modern systems of knowledge and power represents a crucial political breakthrough for lesbians and gay men. Halperin explains how Foucault's radical vision of homosexuality as a strategic opportunity for self-transformation anticipated the new anti-assimilationist, anti-essentialist brand of sexual identity politics practiced by contemporary direct-action groups such as ACT UP. Halperin also offers the first synthetic account of Foucault's thinking about gay sex and the future of the lesbian and gay movement, as well as an up-to-the-minute summary of the most recent work in queer theory. "Where there is power, there is resistance," Michel Foucault wrote in The History of Sexuality, Volume I. Erudite, biting, and surprisingly moving, Saint Foucault represents Halperin's own resistance to what he views as the blatant and systematic misrepresentation of a crucial intellectual figure, a misrepresentation he sees as dramatic evidence of the continuing personal, professional, and scholarly vulnerability of all gay activists and intellectuals in the age of AIDS. (shrink)

Ted A. Warfield reviews the history of epistemology and argues that epistemologists mistakenly take for granted the inference that the failure of closure of some necessary condition on knowledge is sufficient for the failure of epistemic closure. So he concludes that epistemologists should avoid using this inference to explain the failure of epistemic closure. However, I will defend the inference that epistemologists often employ in their discussions. My thesis is that although this inference is invalid, one can still legitimately conclude (...) the failure of epistemic closure from the failure of closure of some necessary condition on knowledge. (shrink)

This essay examines the profound affinities between Wittgenstein and the historical Socrates. The first five sections argue that similarities between their personalities and circumstances can explain a comparable pattern of philosophical development. The next nine show that many apparently chance similarities between the two men's lives and receptions can be explained by their shared conceptions ofphilosophical method. The last three sections consider the difficulty of practising this method through writing, and examine the solutions which Plato and Wittgenstein adopted.

If it is true, as suggested by Sir Michael Marmot and other researchers, that status impacts health and therefore accounts for some of the social gradient in health, then it seems to be the case that it would be possible to bring about more equality in health by equalizing status. The purpose of this article is to analyze this suggestion. First, we suggest a working definition of what status precisely is. Second, following a luck egalitarian approach to distributive justice, we (...) consider whether and to which extent individuals are responsible themselves for their position in a status hierarchy. Third, we consider the contours of a difficult question, namely which political measures are feasible in order to reduce health-affective inequalities in status and fourth, whether or to what extent such measures are legitimate. We argue that on the basis of these considerations, we have at least some prima facie reasons to counter (at least some) status inequalities in order to equalize health. (shrink)

Fakes fall into two categories: copies and pastiches. The first is exemplified when someone paints a reproduction of Manet's The Fifer with the intention of selling it to you as the original. The second is exemplified when someone paints a picture in the style of Manet – although not a reproduction of one of his actual works – with the intention of selling it to you as a picture by Manet.

This book discusses feature films that enrich our understanding of doctor-patient dilemmas. The book comprises general clinical ethics themes and principles and is written in accessible language. Each theme is discussed and illuminated in chapters devoted to a particular film. Chapters start with a discussion of the film itself, which shares details behind the making of the film; critical reception; casting and other facts about production. The chapter situates the film in a history of medicine and medical sociology context, analyzes (...) ethical issues raised in the film from a clinical ethics lens, and explains to readers how to use each film as a teaching aid for clinical ethics. Readers will understand how each film in this collection served to bring particular clinical ethics issues to the public’s attention, or reflected medico-legal issues that were part of the public discourse. The book is a perfect instructor's guide for anyone teaching bioethics, healthcare ethics, medical sociology, medical history, healthcare systems narrative medicine, or nursing ethics. (shrink)