This article examines three divergent constructions about the salience of legal gender in lay people’s everyday lives and readiness to decertify gender. In our interviews (and survey data), generally participants minimised the importance of legal gender. The central argument in this article is that feminist socio-legal scholars applying legal consciousness studies to legal reform topics should find scrutinizing the construction of interview talk useful. We illustrate this argument by adapting and applying Ewick and Silbey’s (1998) ‘The Common Place of Law: (...) Stories from Everyday Life', ‘before’, ‘with’ and ‘against’ typology to interview talk about legal gender, and critique their cognitivist approach by offering a constructionist alternative. In our analysis, we offer a detailed discursive explication of three key legal consciousness themes. These themes offer a balanced representation of a dataset problematically ‘skewed’ towards sex-based rights feminist perspectives, namely that ‘before’ legal gender is an anti-decertification account, decertification would be risky for natal females; a ‘with’ legal gender construction is neither for nor against decertification per se, though the impact of decertification is produced in accounts as limited and unimportant; and ‘against’ legal gender is a pro-decertification classification, as not abolished legal gender is constructed as harmful to already marginalised groups. In concluding, we explore the reasoning for the lack of readiness for decertification currently, and return to the value of examining the construction of lay discourse about legal matters as talk is a form of social action. We suggest that applying discursive analysis to themes in legal consciousness studies enables a refocusing on the how rather than purely the what of divergent legal consciousnesses, and that this approach is a fruitful addition to feminist socio-legal studies. (shrink)

Negative people/wildlife interaction has raised public interest in wildlife population control. We present a contingent valuation study of alternative deer control measures considered for Hilton Head Island, SC. Lethal control usig sharpshooters and nonlethal immuno-contraception techniques are evaluated. A mail-back survey was used to collect resident willingness-to-pay information for reduced deer densities and consequent property damage. Residents are unwilling to spend more for the nonlethal alternative. The estimated WTP appears theoretically consistent as increasing levels of abatement for both lethal and (...) nonlethal alternatives demonstrate diminishing marginal benefits. Over 60% of respondents bid zero regardless of control measure, suggesting a referendum would fail. However, only half of these zero bidders expressed no problem with deer, while the other half bid zero because of distaste for the control alternative, safety concerns, or doubt about effectiveness. Inclusion of these responses as legitimate zero bids depressed mean WTP estimates from 22 to 31%. (shrink)

Patient centred diagnosis is best practised through shared decision making; an iterative dialogue between doctor and patient, whichrespects a patient’s needs, values, preferences, and circumstances. -/- Shared decision making for diagnostic situations differs fundamentally from that for treatment decisions. This has important implications when considering its practical application. -/- The nature of dialogue should be tailored to the specific diagnostic decision; scenarios with higher stakes or uncertainty usually require more detailed conversations.

Do the rich descriptions and narrative shapings of literature provide a valuable resource for readers, writers, philosophers, and everyday people to imagine and confront the ultimate questions of life? Do the human activities of storytelling and complex moral decision-making have a deep connection? What are the moral responsibilities of the artist, critic, and reader? What can religious perspectives—from Catholic to Protestant to Mormon—contribute to literary criticism? Thirty well known contributors reflect on these questions, including iterary theorists Marshall Gregory, James Phelan, (...) and Wayne Booth; philosophers Martha Nussbaum, Richard Hart, and Nina Rosenstand; and authors John Updike, Charles Johnson, Flannery O'Connor, and Bernard Malamud. Divided into four sections, with introductory matter and questions for discussion, this accessible anthology represents the most crucial work today exploring the interdisciplinary connections between literature, religion and philosophy. (shrink)

This revised version of Price's 1960 Gifford Lectures in two series at Aberdeen University presents an extensive analysis of the concept of belief and related problems. The author begins by exploring different senses of knowledge. He continues to examine some logical peculiarities of expressions about believing and knowing, of relationships between the two types of expressions, and remarks on the performatory aspects of the relevant expressions. Connections between believing, and the bearing on beliefs of perceptual evidence, self-consciousness, memory and testimony (...) are examined. The results of this examination are applied to introduce systematic distinctions and concepts, which are made constitutive of the concept of belief. The notion of degrees of belief is introduced. The problem of degrees of assent is examined in the context of Newman's criticisms of Locke's view. Specific theories of belief are surveyed, beginning with Hume's theory, and two traditional occurrence analyses of belief are touched upon. The first series is concluded with a brief examination of Descartes' and Hume's views on freedom of assent. The second series examines various dispositional analyses of belief; the notions of believing and "acting as if" are compared, and the connection between inference and assent examined. The notion of half-belief is reviewed, along with Newman's distinction between real and notional assent, and James' self-verifying beliefs. The second series concludes with a discussion of moral beliefs and feelings; belief "in" and belief "that" are compared, and the possibility of a rapprochement between religious belief and empiricist philosophy is examined. While the author offers no full-blown theory of belief--and does not purport to do so--he provides a most informative discussion of the matrix of epistemological and psychological problems called belief, offers new criticisms of both older and present-day views on persisting problems for belief-analysis, and refines these views with new distinctions and concepts.--J. R. H. (shrink)

The foundations of law. The digest title, De diversis regulis iuris antiqui, and the general principles of law, by P. Stein. Equity in Chinese customary law, by W. Y. Tsao. Prolegomena to the theory and history of Jewish law, by H. Cohn. Juridical evolution and equity, by J.P. Brutau. Reflections on the sources of the law, by P. Lepaulle. The true nature and province of jurisprudence from the viewpoint of Indian philosophy, by M.J. Sethna. On the functions and aims of (...) the state, by G. Del Veccchio.--Concepts of jurisprudence. Legal language and reality, by K. Olivecrona. The logic of the reasonable as differentiated from the logic of the rational (human reason in the making and the interpretation of the law) by L. Recaséns-Siches. Some refections on status and freedom, by W.G. Friedmann. Law and power and their correlation, by M. Reale. The notion of canonical auctoritas with respect to statute, custom and usage, by B.F. Brown. Two theories of "the institution," by J. Stone. (shrink)

La vie et les oeuvres de J. H. Newman ont suscité de nombreux et importants travaux. L'étude de l'homme lui-même a servi de thème à plusieurs ouvrages ; on a cherché à discerner dans son tempérament la raison de l'originalité de son œuvre ou de l'étendue de son influence ; ailleurs on nous a fait connaitre l'historien, le philosophe, le théologien, mais de tous ces Newman divers, l'éducateur est resté le plus ignoré. Cette constatation fut le point de (...) départ de la présente étude. Or l'éducation, cette activité privilégiée, a si bien été le centre même de la vie de Newman, qu'à elle nous devons non seulement un de ses chefs-d'œuvre les plus achevés, (malheureusement trop peu connu de ceux qui se réclament du Newman du Développement ou de l'Assentiment, voire de celui de l'Apologia), mais presque toutes ses œuvres. Il n'a que bien rarement, peut-être jamais, écrit pour écrire ; il a écrit pour enseigner, et à son âme d'éducateur est dû le caractère particulier de son oeuvre. (shrink)

IT is a curious fact that more books on J. H. Newman have been written by foreign than by English authors, as A. R. Vidler remarks in a book review in the Philosophical Quarterly. He adds a number of reasons all of which have exercised a certain influence. He suggests the main reason to be that Newman “is naturally attractive and useful to Roman Catholics who are disposed to explore lines of thought that deviate from, or are not (...) covered by, scholasticism or Thomism.” We cannot quite agree with this suggestion. First of all it is not borne out by historical facts. Most of the earliest writings on Newman in the Netherlands were actually written by non-Catholics, mainly by Protestants of widely-different denominations. One of the first was Allard Pierson who wrote a lengthy biographical sketch in the same year as Newman died, and others brought out or used various parts of Newman’s teaching long before any Catholic publication—except for an occasional article—was printed. So we find J. W. Moll, Rector of the University in Groningen, making full use of Newman’s Idea of a University in an official address to the University as early as 1910, whilst H. Stoel, Minister of the Dutch Reformed Church, offered a work on Newman to the same University in order to obtain the Doctorate of Divinity in 1914. There are other important works on Newman’s doctrine by two non-Catholics, who were later converted to the Roman Catholic Church, viz., one by W. H. v.d. Pol, who wrote on the Idea of the Church in Newman’s Life and Thought, and one by Prof. Dr. De Vogel on his doctrine of justification. Both these works excel in bringing home to the reader Newman’s own method of thought because they make us listen to that great Christian, and enable us to take in his way of contemplating reality, so that we acquire something of that mentality which Newman himself called: the true philosophical temper. In none of these works do we find the slightest indication that the authors were desirous of using Newman because he had deviated from the path trodden by traditional scholasticism. These authors wrote about him because they felt that to be true which Pierson had already testified: “Nobody can neglect him without suffering a sensible loss.”. (shrink)

This paper briefly surveys the intellectual context of the lecture “The Office of Justifying Faith" by John Henry Newman. Newman is an outstanding English theologian, writer and philosopher, who had a great influence on the development of the Anglican and Roman Catholic churches in the 19th and 20th centuries. Newman became one of the leaders of the so-called Tractarian Movement. Tractarians offered a radically new understanding of the relation between the Anglican Church and other ecumenical churches. The (...) most famous expression of this rethinking was the branch theory. According to this theory, the Anglican Church is one of the three branches of a single universal Church alongside the Roman Catholic and Orthodox churches. According to the Newman's doctrine of via media, Anglican Church represents the middle way between Roman Catholic Church and Protestant Churches. In the “Lectures on Justification" published in 1838, Newman applies the doctrine of via media to the set of problems that concern the Christian idea of justification. The lecture “The Office of Justifying Faith" is in this sense a very characteristic example of the doctrine of via media. Here Newman demonstrates the difference between the doctrines of the Anglican Church about the relationship between justification and faith and the doctrine of the Protestants about justification by faith only. (shrink)