This is a series of reflections on the aesthetic dimensions of law (how it is presented and conveyed to its subjects) and justice (the ways in which justice can be aesthetically satisfying or dissatisfying).

The visual arts offer refreshing and novel resources through which to understand the representation, power, ideology and critique of law. This vibrantly interdisciplinary book brings the burgeoning field to a new maturity through extended close readings of major works by artists from Pieter Bruegel and Gustav Klimt to Gordon Bennett and Rafael Cauduro. At each point, the author puts these works of art into a complex dance with legal and social history, and with recent developments in legal and art theory. (...) Manderson uses the idea of time and temporality as a focal point through which to explore how the work of art engages with and constitutes law and human lives. In the symmetries and asymmetries caused by the vibrating harmonic resonances of these triple forces - time, law, art - lies a way of not only understanding the world, but also transforming it. (shrink)

The relationship between tort law jurisprudence and the ethics and phenomenology of Emmanuel Levinas.

Emmanuel Levinas was one of the great writers on ethics of the 20th century. Now for the first time, this collection starts to think through exactly what challenges and problems are posed once we try to apply Levinas' ideas about ethics to law. Essays on Levinas and Law: A Mosaic injects Levinas' provocative thought right into the heart of living law, radically changing our understanding of both. It features a broad sweep of essays ranging from critical reflections on the connection (...) between ethics and justice, to specific discussions of the effect that Levinas' ideas might have on our thinking about immigration, or international law, or political identity, or justice. For those interested in philosophy and ethics, this book insists that our legal institutions are not a dirty little secret but a crucial realm in which to test our ideas. For those interested in law, this book insists that ethics is not a dirty little secret but a crucial realm by which to assess our structures and policies. For all interested readers, Essays on Levinas and Law does not intend to fulfill a need but to awaken one. (shrink)

In times of transition and transformation, legal images metastasize. This idea can be usefully related both to Winnicott’s theory of transitional objects and Barthes’ theory of myth. But each tell only part of the full story. Barthes fails to fully account for the stabilizing effect of the reassuring signifier; Winnicott fails to fully account for the ideological adaptability—and implications—of the shifting signified. The legal image unites the iterability of the signifier and the polysemy of the signified, harnessing the affective intensity (...) of the former to the cultural mobility of the latter. In this article, I propose to illustrate this insight by reflecting on two notable images of law that appeared at a moment of profound legal transformation, at the dawn of the early modern era. The images of ‘blind justice’ and ‘sol justitiae’ which the article discusses are both ‘transitional myths’, facilitating through modes of affect a legal journey into uncharted territory. Paying attention to these images and above all to their transformation over time, we can observe not only the process of legal transition at work, but the function of the image in its authorization and modalization. (shrink)

Legal theorist Desmond Manderson and Shakespearean Paul Yachnin develop parallel arguments that seek to restore a public dimension of responsibility to literary studies and a private dimension of responsibility to law. Their arguments issue from their work as the creators of the Shakespeare Moot Court at McGill University, a course in which graduate English students team up with senior Law students to argue cases in the “Court of Shakespeare,” where the sole Institutes, Codex, and Digest are comprised by (...) the plays of Shakespeare. Yachnin argues that modern literary studies suffers from impermanence and isolation from real-world concerns and that it can redress these limitations—developing attributes of corrigibility, temporality, judgment, and publicity—by learning from law. Manderson finds that modern legal judgment is bereft of affective engagement with the subjects of law and wedded to an ideal of objectivity, regulation, and impersonality. Literature can restore to legal judgment the elements of narrative, character, context, and self-reflection. Together, the essays argue that the question of judgment, so integral to the disciplines of law and of literature, needs the renewal that an interdisciplinary engagement provides. (shrink)

“Every culture is first and foremost a particular experience of time” Giorgio Agamben, History and Infancy: the Destruction of Experience, trans. Liz Heron, Verso, 1993, p. 91 Desmond Manderson’s book, Danse Macabre, is an essential read which reminds us that “the visual and spectacular are indispensable elements of how we come to know and are known by politics, law, and regulation”. It presents remarkable research on visual representations of the law, achieving the difficult task of...

In this article I analyse the extent to which there has been a shift in the cultural turn in legal scholarship and specifically from visual to what I call material jurisprudence, that is from visual to material ways of knowing law. I do so through an analysis of Desmond Manderson’s edited collection, Law and the Visual: Representations, Technologies, Critique, and Katherine Biber’s monograph, In Crime’s Archive: The Cultural Afterlife of Evidence. Inspired by the material turn in the arts (...) and humanities I apply a material lens as defined by historians of emotions working within this turn to these books. Using this lens, I analyse the extent to which the authors conceptualise and analyse their primary sources in material terms. In so doing it is my intention to encourage scholars of visual jurisprudence to consider the multisensorial nature of law by considering the material as a constitutive part or instead of the visual as has happened elsewhere in the arts, humanities and social sciences, as well as to do so with greater specificity and depth. (shrink)

This article engages with Desmond Manderson's recent book, Proximity, Levinas and the Soul of Law. I begin by examining a vexed topic in Levinas scholarship: namely, the very possibility of a Levinasian legal theory. Manderson makes a constructive and, I think, important contribution to this question, insisting that Levinas does not require us to segregate the domains of ethics and law, as some interpreters have suggested. This basic issue provides us with a springboard to explore two other (...) themes in Manderson's reading of Levinas. The first concerns the relationship between self- and other-oriented approaches to ethical and legal discourse; the second, the role of ethical experience in informing and shaping judicial reasoning. (shrink)

Science can reveal or conceal the breathtaking wonders of creation. On one hand, knowledge of the natural world can open us up to greater love for the Creator, give us the means of more neighborly care, and fill us with ever-deepening astonishment. On the other hand, knowledge feeding an insatiable hunger for epistemic mastery can become a means of idolatry, hubris, and damage. Crucial to world-respecting science is the role of wonder: curiosity, perplexity, and astonishment. In this volume, philosopher William (...) Desmond explores the relation of the different modes of wonder to modern science. Responding to his thought are twelve thinkers across the domains of science, theology, philosophy, law, poetry, medicine, sociology, and art restoration. (shrink)

As the principle of natural selection is generalized to explain (adaptive) patterns of human behavior, it becomes less clear what the selective environment empirically refers to. While the environment and individual are relatively separable in the non-human biological context, they are highly entangled in the context of moral, social, and institutional evolution. This chapter brings attention to the problem of generalizing the selective environment, and argues that it is ontologically disunified and definable only through its explanatory function. What unifies the (...) selective environment is that it explains adaptation in a non-agential way, by screening off various forms of agency, whether divine, organismic, or human. This explanatory function of the selective environment helps avoid some sources of confusion when the theory of natural selection is applied to humanities and social sciences. (shrink)

The author amplifies important themes in the unfolding of modern metaphysics, exploring diverse aspects of current skepticism and offering a defense in terms of his metaxological metaphysics. Along the way he engages both the long tradition and more modern writers, such as Heidegger and Marion.

Godsends is William Desmond's newest addition to his masterwork on the borderlines between philosophy and theology. For many years, William Desmond has been patiently constructing a philosophical project-replete with its own terminology, idiom, grammar, dialectic, and its metaxological transformation-in an attempt to reopen certain boundaries: between metaphysics and phenomenology, between philosophy of religion and philosophical theology, between the apocalyptic and the speculative, and between religious passion and systematic reasoning. In Godsends, Desmond's newest addition to his ambitious masterwork, (...) he presents an original reflection on what he calls the "companioning" of philosophy and religion. Throughout the book, he follows an itinerary that has something of an Augustinian likeness: from the exterior to the interior, from the inferior to the superior. The stations along the way include: a grappling with the default atheism prevalent in contemporary intellectual culture; an exploration of the middle space, the metaxu between the finite and the infinite; a dwelling with solitudes as thresholds between selving and the sacred; a meditation on idiot wisdom and transcendence in an East-West perspective; an exploration of the different stresses in the mysticisms of Aurobindo and the Arnhem Sermons; dream monologue of autonomy, a suite of Kantian and post-Kantian variations on the story of the prodigal son; a meditation on the beatitudes as exceeding virtue, in light of Aquinas's understanding; culminating in an exploration of Godsends as telling us something significant about the surprise of revelation, in word, idea, and story. Godsends is written for thoughtful persons and scholars perplexed about the place of religion in our time and hopeful for some illuminating companionship from relevant philosophers. It will also interest students of philosophy and religion, especially philosophical theology and philosophical metaphysics. (shrink)

A history of the philosopher-king in Greco-Roman antiquity, examining the persistence of Plato's ideas in political philosophy.

Both an ideal entrée for beginning readers and a solid text for scholars, the second edition of Peter Kalkavage's acclaimed translation of Plato's _Timaeus_ brings enhanced accessibility to a rendering well known for its faithfulness to the original text. An extensive essay offers insights into the reading of the work, the nature of Platonic dialogue, and the cultural background of the _Timaeus_. Appendices on music, astronomy, and geometry provide additional guidance. A brief outline of the themes of the work, a (...) detailed glossary, and a selected bibliography are also included. (shrink)

An important, but relatively neglected, aspect of human theory of mind is emotion inference: understanding how and why a person feels a certain why is central to reasoning about their beliefs, desires and plans. The authors review recent work that has begun to unveil the structure and determinants of emotion inference, organizing them within a unified probabilistic framework.

Members of a National Health Service, or other recognised Research Ethics Committee, in deciding whether or not to withhold their assent for a clinical trial, must obey the law. If they do not do so, then they may become liable to pay personally negligence claims made by injured trials subjects. It could be no defence to say that members had consulted their own lower ethical standards; or merely that they had acted in good faith; or that they had followed Department (...) of Health guidelines, which do not have the force of law. The law requires that the rights, safety, and well-being of clinical trial subjects shall prevail over other interests. REC favourable opinion is a powerful endorsement of a trial, and prospective subjects are invited to rely upon it. REC members are legally bound to exercise their power to withhold assent to any clinical trial which does not give subjects the protection the law requires. (shrink)

ABSTRACT Recent police brutality has reminded people in the United States of America that racism and discrimination toward Black Americans is still prevalent. Evidence supports the claim that many Black Americans experience racial trauma due to the relatively common occurrence of discriminatory racial encounters in their life. Racial traumas are events of danger related to real or secondary experiences of racial discrimination that may cause psychological, emotional, or physical injury. The goal of this article is to identify the ethical complexities (...) for psychologists in addressing racial trauma among Black Americans. First, the article describes examples of racial traumas for Black Americans and their impact on overall mental health. Second, there is an in-depth analysis of ethical issues for psychologists relevant to racial trauma in areas such as competency, discrimination and harassment, bias, assessment, training programs, and harm. Finally, recommendations for psychologists are provided to address racial trauma among Black American clients, students, supervisees, and colleagues. (shrink)

This essay argues that Marcus Garvey held a constructivist theory of self-determination, one that saw nationalism and transnationalism as mutually necessary and reinforcing ideals. The argument proceeds in three steps. First it recovers Garvey’s transnationalist emphasis by looking at his intellectual debts to other diaspora struggles, namely political Zionism and Irish nationalism. Second it argues that Garvey held a constructivist view of national identity, which also grounds his argument that the black diaspora has a right to collective self-determination. Third it (...) explicates Garvey’s further contention that the right to self-determination and the persistence of oppression give the African diaspora a pro tanto claim to an independent state, which he considered essential to vanquishing white supremacy and realizing collective self-rule. (shrink)

Ethical problems are addressed in various ways within countries in planning for and response to pandemic influenza. Here we report on a qualitative study, in which 46 policymakers in Malawi and Ghana were interviewed on how they identified and resolved ethical problems. The study results revealed that ethical problems involving conflicts of values and choices were raised in reference to the extent and role of resources and nature of public health interventions, including the extent and processes of decision making, reasoning, (...) and justification. There is a need for an ethical framework within pandemic preparedness plans to resolve and avert these problems. (shrink)

This study examines the representation of male and female musicians in world-class symphony orchestras. Personnel of 40 orchestras of three regions, UK, Europe and the USA and distributions of men and women across the four orchestral departments: strings, woodwind, brass and percussion are compared. Significant differences in representation between orchestras of the three regions are reported. Practices adopted by orchestras when appointing musicians to vacant positions are reviewed and numbers of males and females appointed to rank-and-file and Section Principals are (...) compared. Career patterns of male and female musicians are also compared. Increases in numbers of women appointed to orchestral posts in the last three decades are compared with increases in the proportion of women in the general workforce. The data of orchestral membership are then compared with the numbers of young people receiving tuition on orchestral instruments retrieved from a large national database (n = 391,000 students). Implications for the future of male and female representation in orchestral personnel are then considered. (shrink)

ABSTRACT Academic dishonesty has been found to be on the increase globally, affecting the quality of education, ethics of professional practices and career outcome. Substantial literature exists on the role of religious commitment in reducing academic dishonesty, but few or no studies have examined the pathways explaining this link. The present study examined whether self-efficacy mediates the relationship between RC and AD. Undergraduates of the University of Nigeria, Nsukka completed the Academic Dishonesty Scale, Religious Commitment Inventory and New General Self-Efficacy (...) Scale and also provided relevant demographic information. Results of statistical analysis indicated that RC was negatively associated with AD. Self-efficacy was also a partial mediation in the relationship between RC and AD. This implies that self-efficacy contributes to the pathways through which RC influences AD among students. Our findings suggest that consideration of students’ level of self-judgment on their ability to cope with academic demands may be an important target toward enhancing the influence of RC in reducing academic dishonest behaviors among students. (shrink)

Beyond Power offers fresh ways to approach the burning political, religious, and scientific issues of our time. It also provides a compelling overview of the work of the great French philosopher Simone Weil, whom Albert Camus saw as "the only great mind of our time" and T. S. Eliot saw as "a woman of genius, a kind of genius akin to that of the saints.".

The temptation in clinical research to sacrifice the interests, the health, and sometimes even the lives of research subjects to the advancement of the interests of science and society, and to the advancement of researchers' own careers, is a hardy weed which can grow anywhere. Pursuant to a commendable EU Directive a new law, the Medicines for Human Use Regulations 2004 was brought into effect in the UK. That law makes it illegal for anyone to start a clinical trial unless (...) a Research Ethics Committee has expressed a favourable opinion upon its protocol. It gives to Research Ethics Committee members the legal power, and imposes upon them the legal duty, to protect research subjects from those who have strong financial and other temptations to mistreat them. The new law specifies what standard of protection the Research Ethics Committee members shall insist upon. The Royal College of Physicians, which has been reluctant to declare its own conflicting interests, in 2007 issued some guidelines which it hopes Research Ethics Committee members will follow. Those Guidelines on the practice of ethics committees in medical research with human participants urge Research Ethics Committee members to express a favourable opinion of clinical trials which they believe, for example, do not give to research subjects the protection the new law demands. But Research Ethics Committee members have a clear legal duty not to follow any course of conduct calculated to subvert the excellent and necessary 2004 law. (shrink)

Educational theory is a crossroads or better still a marketplace with room for everyone. Here scholar, poet, and statesman take their stand; the philosopher and the theologian have long had theirs, while relative newcomers are the psychologist and sociologist. As long as they speak in harmony, fine. But when discord arises, and the humble teacher finds his work the focus of conflicting theories as to both the aims and methods of education whom should he listen to? Dr Barral is in (...) no doubt whatever. The philosophy of Plato, Socrates and Aristotle, with the theology of St. Augustine and Aquinas are her polar stars. At the same time she does occasionally concede a voice to others, but rather grudgingly. So little indeed that she may well win the argument while failing to win our sympathy. (shrink)