This article discusses three main orientations in recent works of legal and political theory about the family-contract-based, community-based, and rights-based-and argues that none of these takes adequate account of two paradoxical features of family life and of the family's relationship to the state. A coherent political and legal theory of the family in the contemporary United States requires recognition of the relational rights and responsibilities intrinsic to family life.

ExcerptThe reasons why individual nations and even individual people subscribe to notions of human rights vary enormously. Rationales range from idealism to realpolitik and sound in competing registers of theology, social contract, nature, utility, and game theory.1 Pervasive in discussions of human rights is the dignity of each person as both a reality and a normative guide. Capacious and ambiguous, this notion of dignity may invite agreement precisely because different people project different meanings onto it. Its recognition, though, can inspire (...) attitudes of respect and civility even when we disagree. Dignity thus serves less as a foundation and more as a lodestar, an aspiration. Justice Thurgood Marshall once explained, “A child born to a [B]lack mother in a state like Mississippi… has exactly the same rights as a white baby born to the wealthiest person in the United States. It’s not true, but I challenge anyone to say it is not a goal worth working for.”2. (shrink)

Il est constamment fait appel, dans le discours juridique et politique contemporains, à la notion de droits en France, aux Etats-Unis et en beaucoup d'autres lieux. Pourquoi? Comment faire sens de ces usages? Quel rôle exact cette notion joue-t-elle dans le fonctionnement réel du droit positif et comment aide-t-elle à l'analyser? Martha Minow et Robert M. Cover, dans les deux textes traduits dans cet ouvrage, invitent à reprendre la réflexion sur ces sujets.

Should people make demands for justice relating to events occurring in the past, even the distant past? What does and what should happen when they do? These questions frame the problems of historical justice that became especially palpable during the twentieth and early twenty‐first centuries and contributed to innovations in the design and use of tribunals, truth commissions and reparations initiatives. These responses to calls for historical justice deal with objections and difficulties in their own ways. Objections to such innovations (...) include charges that they depart too radically from established legal forms, that they reopen old wounds, that they inevitably rely on stale and partial evidence, that their costs are excessive or divert resources from more pressing needs, and that they do little to prevent future atrocities or to heal social rifts. (shrink)

Book reviewed in this article: Justice, Gender, and the Family. By Susan Moller Okin. Making All the Difference. By Martha Minow.

In this timely, provocative volume, essayists including Susan Moller Okin, Catherine A. MacKinnon, Cass Sunstein, Martha Minow, William Galston, and Sara McLanahan argue positions on sexuality, on the family, and on the proper role of law in these areas.

My purpose in this paper is to enquire into whether law can forgive. This line of inquiry must be distinguished from other possible avenues of investigation into the relation between law and forgiv...

Visual Agnosia is a comprehensive and up-to-date review of disorders of higher vision that relates these disorders to current conceptions of higher vision from cognitive science, illuminating both the neuropsychological disorders and the nature of normal visual object recognition.Brain damage can lead to selective problems with visual perception, including visual agnosia the inability to recognize objects even though elementary visual functions remain unimpaired. Such disorders are relatively rare, yet they provide a window onto how the normal brain might accomplish the (...) complex task of vision. Visual Agnosia reviews a century of case studies of higher-level visual deficits following brain damage, places them in the general context of current neuroscience, and draws relevant conclusions about the organization of normal visual processing. It is unique in drawing on research in cognitive psychology, computational vision, visual neurophysiology, and neuropsychology to interpret the agnosias and draw inferences from them about visual object recognition.Following a historical account of agnosia research, Visual Agnosia offers a taxonomy of a wide range of agnosia syndromes, describing and interpreting the syndromes in terms of the latest theoretical models of visual processing and ultimately bringing them to bear as evidence on a variety of questions in the study of higher vision.Martha J. Farah is Associate Professor of Psychology at Carnegie Mellon University. Visual Agnosia is included in the Issues in Biology of Language and Cognition series, edited by John Marshall. (shrink)

The ethics of Aristotle , and virtue ethics in general, have enjoyed a resurgence of interest over the past few decades. Aristotelian themes, with such issues as the importance of friendship and emotions in a good life, the role of moral perception in wise choice, the nature of happiness and its constitution, moral education and habituation, are finding an important place in contemporary moral debates. Taken together, the essays in this volume provide a close analysis of central arguments in Aristotle's (...) Nicomachean Ethics and show the enduring interest of the questions Aristotle raises. (shrink)

Shepherd propounds a theory of mind with a fair claim to be better than Hume’s at explaining the sources of commonly held human beliefs about causal necessity due largely to her relational theory of sense perception. In comparison with Hume’s account, it incorporates a more sophisticated treatment of mental representation, especially the role of relational structure and logical form. Most important, perhaps, Shepherd’s theory enforces the division, obscured by Hume, between the evidence of necessity and the metaphysical foundation of necessity.

During the 1970s and 1980s, legal precedent, governmental recommendations, and professional society guidelines drove the formation of hospital ethics committees (HECs). The Joint Commission on Accreditation of Health Care Organization’s requirements in the early 1990s solidified the role of HECs as the primary mechanism to address ethical issues in patient care. Because external factors drove the rapid growth of HECs on an institution-byinstitution basis, however, no initial consensus formed around the structure and function of these committees. There are now almost (...) 40 years of empirical studies on the composition, administration, and activities of HECs in the United States. We conducted a systematic review of the available empirical literature on HECs to describe their evolution. As HECs changed over time, they increased their total number of members and percentage of members from nursing and the community. Although physicians increasingly chaired these committees, their presence as a percentage of overall members declined. The percentage of administrative members remained steady, although committees became increasingly likely to have at least one administrative member. HECs were also increasingly likely to report to an administrative body or to the board of trustees or directors rather than to the medical staff. Finally, consultation volume increased steadily over time. There has not, however, been a national survey of the composition of ethics committees, their administration, or volume of consultation in more than 10 years, despite increasing calls for professional standards and quality improvement assessments among HECs. (shrink)

When cognitive neuropsychologists make inferences about the functional architecture of the normal mind from selective cognitive impairments they generally assume that the effects of brain damage are local, that is, that the nondamaged components of the architecture continue to function as they did before the damage. This assumption follows from the view that the components of the functional architecture are modular, in the sense of being informationally encapsulated. In this target article it is argued that this “locality” assumption is probably (...) not correct in general. Inferences about the functional architecture can nevertheless be made from neuropsychological data with an alternative set of assumptions, according to which human information processing is graded, distributed, and interactive. These claims are supported by three examples of neuropsychological dissociations and a comparison of the inferences obtained from these impairments with and without the locality assumption. The three dissociations are: selective impairments in knowledge of living things, disengagment of visual attention, and overt face recognition. In all three cases, the neuropsychological phenomena lead to more plausible inferences about the normal functional architecture when the locality assumption is abandoned. Also discussed are the relations between the locality assumption in neuropsychology and broader issues, including Fodor's modularity hypothesis and the choice between top-down and bottom-up research approaches. (shrink)

Theories of social justice are necessarily abstract, reaching beyond the particular and the immediate to the general and the timeless. Yet such theories, addressing the world and its problems, must respond to the real and changing dilemmas of the day. A brilliant work of practical philosophy, Frontiers of Justice is dedicated to this proposition. Taking up three urgent problems of social justice neglected by current theories and thus harder to tackle in practical terms and everyday life, Martha Nussbaum seeks (...) a theory of social justice that can guide us to a richer, more responsive approach to social cooperation. The idea of the social contract--especially as developed in the work of John Rawls--is one of the most powerful approaches to social justice in the Western tradition. But as Nussbaum demonstrates, even Rawls's theory, suggesting a contract for mutual advantage among approximate equals, cannot address questions of social justice posed by unequal parties. How, for instance, can we extend the equal rights of citizenship--education, health care, political rights and liberties--to those with physical and mental disabilities? How can we extend justice and dignified life conditions to all citizens of the world? And how, finally, can we bring our treatment of nonhuman animals into our notions of social justice? Exploring the limitations of the social contract in these three areas, Nussbaum devises an alternative theory based on the idea of capabilities. She helps us to think more clearly about the purposes of political cooperation and the nature of political principles--and to look to a future of greater justice for all. (shrink)

In this critique, Martha Nussbaum argues that our dominant theories of development have given us policies that ignore our most basic human needs for dignity and self-respect.

Plato and Platonism held a significant place in British intellectual inquiry in the eighteenth century. Louise Hickman enters this largely unexplored territory with a valuable study of select elements in the theological and political arguments of certain British divines. She is particularly concerned to expose the limitations of familiar and narrowly-rational arguments that in the eighteenth century supported natural religion and theology, and to bring to the fore a countervailing rational theology that discovers in and for the human mind the (...) eternal and immutable truth that is divine.The principal figure in Hickman’s study is Richard Price, rational dissenting minister, friend of liberty and America, and author of... (shrink)

When cognitive neuropsychologists make inferences about the functional architecture of the normal mind from selective cognitive impairments they generally assume that the effects of brain damage are local, that is, that the nondamaged components of the architecture continue to function as they did before the damage. This assumption follows from the view that the components of the functional architecture are modular, in the sense of being informationally encapsulated. In this target article it is argued that this “locality” assumption is probably (...) not correct in general. Inferences about the functional architecture can nevertheless be made from neuropsychological data with an alternative set of assumptions, according to which human information processing is graded, distributed, and interactive. These claims are supported by three examples of neuropsychological dissociations and a comparison of the inferences obtained from these impairments with and without the locality assumption. The three dissociations are: selective impairments in knowledge of living things, disengagment of visual attention, and overt face recognition. In all three cases, the neuropsychological phenomena lead to more plausible inferences about the normal functional architecture when the locality assumption is abandoned. Also discussed are the relations between the locality assumption in neuropsychology and broader issues, including Fodor's modularity hypothesis and the choice between top-down and bottom-up research approaches. (shrink)

In this major book Martha Nussbaum, one of the most innovative and influential philosophical voices of our time, proposes a kind of feminism that is genuinely international, argues for an ethical underpinning to all thought about development planning and public policy, and dramatically moves beyond the abstractions of economists and philosophers to embed thought about justice in the concrete reality of the struggles of poor women. Nussbaum argues that international political and economic thought must be sensitive to gender difference (...) as a problem of justice, and that feminist thought must begin to focus on the problems of women in the third world. Taking as her point of departure the predicament of poor women in India, she shows how philosophy should undergird basic constitutional principles that should be respected and implemented by all governments, and used as a comparative measure of quality of life across nations. (shrink)

As an ethicist trained in narrative, I wondered what I could offer Dr. Darcy at this point, two weeks after the events he described. And what might I have offered those involved if they had called an ethics consult at the time? One of this physician's implicit questions was, “How might this have unfolded in a better way?”When difficult choices must be made, how can a narrative approach help? A narrativist focuses less on principles, rules, and law than would a (...) philosopher or a lawyer. This is not to say that we ignore the law or are unaware of bioethical principles. But where do we go from there? Narrative offers a mode of engagement that asks different kinds of questions than those that law or philosophy might ask about moral agency, context, and values. (shrink)

Emotions shape the landscape of our mental and social lives. Like geological upheavals in a landscape, they mark our lives as uneven, uncertain and prone to reversal. Are they simply, as some have claimed, animal energies or impulses with no connection to our thoughts? Or are they rather suffused with intelligence and discernment, and thus a source of deep awareness and understanding? In this compelling book, Martha C. Nussbaum presents a powerful argument for treating emotions not as alien forces (...) but as highly discriminating responses to what is of value and importance. She explores and illuminates the structure of a wide range of emotions, in particular compassion and love, showing that there can be no adequate ethical theory without an adequate theory of the emotions. This involves understanding their cultural sources, their history in infancy and childhood, and their sometimes unpredictable and disorderly operations in our daily lives. (shrink)

In the explosion of recent books on Heidegger, Karl Löwith’s work, now available in an excellent English edition, distinguishes itself by careful historical scholarship and insightful immanent critique. Along with Hannah Arendt, Hans Jonas, and Herbert Marcuse, Löwith was one of Heidegger’s first students; all were later forced into exile by the National Socialist movement their teacher publicly supported for a time. Löwith’s work on the philosophy of history and the nineteenth century is already well known in English; now we (...) can appreciate his evaluation of Heidegger. Invoking Nietzsche’s dictum, “One repays a teacher poorly if one always remains only a pupil”, Löwith here achieves a balanced critique of Heidegger’s thought and its political implications. He avoids both defensive apologies and ad hominem attacks: “Between the two extremes of fascination and repulsion, we are attempting to pursue a critical middle path”. As Richard Wolin explains in the introduction, “Throughout Löwith’s narrative it is not Heidegger’s greatness as a thinker that is in dispute, but the uses to which that greatness allowed itself to be put”. (shrink)

_From Naming to Saying_ explores the classicquestion of the unity of the proposition, combining an historical approach with contemporary causal theories to offer a unique and novel solution. Presents compelling and sophisticated answers to questions about how language represents the world. Defends a novel approach to the classical question about the unity of the proposition. Examines three key historical theories: Frege’s doctrine of concept and object, Russell’s analysis of the sentence, and Wittgenstein’s picture theory of meaning. Combines an historical approach (...) with discussion and defense of a contemporary causal theory of the unity of the proposition. Establishes a view compatible with, though not dependent on, a causal theory of meaning. (shrink)

Personhood is a foundational concept in ethics, yet defining criteria have been elusive. In this article we summarize attempts to define personhood in psychological and neurological terms and conclude that none manage to be both specific and non-arbitrary. We propose that this is because the concept does not correspond to any real category of objects in the world. Rather, it is the product of an evolved brain system that develops innately and projects itself automatically and irrepressibly onto the world whenever (...) triggered by stimulus features such as a human-like face, body, or contingent patterns of behavior. We review the evidence for the existence of an autonomous person network in the brain and discuss its implications for the field of ethics and for the implicit morality of everyday behavior. (shrink)

We present a model for several early stages of the sensorimotor transformations involved in targeted arm movement. In psychophysical experiments, human subjects pointed to the remembered locations of randomly placed targets in three-dimensional space. They made consistent errors in distance, and from these errors stages in the sensorimotor transformation were deduced. When subjects attempted to move the right index finger to a virtual target they consistently undershot the distance of the more distal targets. Other experiments indicated that the error was (...) in the sensorimotor transformation rather than in the perception of distance. The error was most consistent when evaluated using a spherical coordinate system based at the right shoulder, indicating that the neural representation of target parameters is transformed from a retinocentric representation to a shoulder-centered representation. According to the model, the error in distance results from the neural implementation of a linear approximation in the algorithm to transform shoulder-centered target parameters into a set of arm orientations appropriate for placing the finger on the target. The transformation to final arm orientations places visually derived information into a frame of reference where it can readily be combined with kinesthetically derived information about initial arm orientations. The combination of these representations of initial and final arm orientations could give rise to the representation of movement direction recorded in the motor cortex by Georgopoulos and his colleagues. Later stages, such as the transformation from kinematic to dynamic parameters, or to levels of muscle activation, are beyond the scope of the present model. (shrink)