The object of this research is gentleness, a construct maybe not treated enough in the literature, but just in the area of the so called Positive Psychology. And precisely from his representative Martin Seligman, the inspiration for the construction of a questionnaire and of a specific hypothesis has been born, including the use of a precise terminology. In general terms, maybe the most interesting result lies in the fact of having found a correlation between the various items, therefore between (...) the various constructs, in accordance with the idea of gentleness proposed as a synergy of “quality”. This idea has also been supported from recent research in which has emerged a very tight bond between optimism and a particular character trait that is extroversion. Being placed at a higher, transcendental level, the “gift of oneself” could become the “jump of quality” to fulfil ourselves in the relation with the other. (shrink)

A prominent concern in the literature on the ethics of human enhancement is that unequal access to future technology will exacerbate existing societal inequalities. The philosopher Daniel Wikler has argued that a futuristic cognitively enhanced majority would be justified in restricting the civil liberties of the unenhanced minority population for their own good in the same way that, mutatis mutandis, the cognitively normal majority are now justified in restricting the civil liberties of those deemed to be cognitively incompetent. Contrary (...) to this argument, the author of this manuscript presents and defends The Liberal Argument to Protect Cognitive ‘Normals’. According to this argument, while classical liberalism authorizes the cognitively competent to paternalistically restrict the civil liberties of the cognitively incompetent, classical liberalism does not authorize the cognitively enhanced to paternalistically restrict the civil liberties of the cognitively normal. Two additional arguments are developed in support of The Liberal Argument to Protect Cognitive ‘Normals’. The author of this manuscript concludes by suggesting that classical liberalism could be valuable for protecting the civil liberties of disenfranchised groups in a future in which enhancement technology could exacerbate existing societal inequalities. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:594 Feminist Studies 41, no. 3. © 2015 by Feminist Studies, Inc. Liberty Walther Barnes and Christin L. Munsch The Paradoxical Privilege of Men and Masculinity in Institutional Review Boards In the 1939 Hollywood classic The Wizard of Oz, the great wizard admonishes Dorothy and her friends to “pay no attention to that man behind the curtain.” Dorothy and company turn to see a man standing before a (...) large control panel operating the smoke, holographic image, and voice of the great wizard. Realizing he has been discovered, the man gives up manipulating the switches and the nebulous wizard vanishes.1 Hegemonic masculinity is analogous to the “all-powerful” wizard.2 In order to maintain its grandeur, power, and mystique, the mechanics of masculine ideology—as well as the social actors who participate in its reproduction —must be kept hidden.3 A crucial aim of feminist research is to 1. The Wizard of Oz, directed by Victor Fleming (Culver City, CA: Metro-Goldwyn -Mayer, 1939). 2. See R. W. Connell, Masculinities: Knowledge, Power and Social Change (Berkeley : University of California Press, 1995); R. W. Connell and James W. Messerschmidt, “Hegemonic Masculinity: Rethinking the Concept,” Gender & Society 19 (2005): 829–61; Michael Kaufman, “Me, Feminism, and Men’s Contradictory Experiences of Power,” in Theorizing Masculinities, ed. Harry Brod and Michael Kaufman (Thousand Oaks, CA: Sage Publications, 1994), 142– 63; and Michael S. Kimmel, “Masculinity as Homophobia: Fear, Shame, and Silence in the Construction of Gender Identity” in Brod and Kaufman, Theorizing Masculinities, 119–42. 3. Michael Flood and Bob Pease, “Undoing Men’s Privilege and Advancing Gender Equality in Public Sector Institutions,” Policy and Society 24, no. 4 (2005): 119–38; Allan G. Johnson, The Gender Knot: Unraveling Liberty Walther Barnes and Christin L. Munsch 595 pull back the curtain on men’s lives and masculine institutions in order to demystify socially constructed masculinities, particularly in their most powerful forms. As early feminist scholars note, male privilege renders women’s lives invisible.4 But male privilege renders aspects of men’s lives invisible, too. In this article we highlight how institutional review boards (IRBs) in universities and hospitals erect barriers to research that render particular aspects of men’s lives invisible. We draw on our experiences of submitting ten applications for a series of methodologically diverse studies of masculinity to eight IRBs. First, we argue that, despite their original function of protecting subordinated groups, IRBs are gendered institutions in which members base their decisions on culturally dominant, normative images of women and men. We show how this results in the stringent protection of male research participants, the safeguarding of participants’ personal masculinity, and the shielding of men’s lives from social inquiry. Second, we argue that IRBs are gendering institutions. Our experiences reveal how the privileging and protection of masculinity results in mandatory protocol modifications that idealize hegemonic masculinity. These modifications require researcher-participant interactions that socialize men to engage in gender “appropriate” behavior and reify gendered expectations. Third, our experiences reveal the ways in which IRBs protect the institution itself and privilege the universities, hospitals, and (predominantly male) medical doctors they represent. Consequently, the ways they reproduce social inequality remain impervious to academic inquiry. IRBS AS GENDERED AND GENDERING INSTITUTIONS Every university and hospital in the United States where human research is conducted houses a human research protections program, or IRB, to oversee academic research. Universities with hospitals typically our Patriarchal Legacy (Philadelphia, PA: Temple University Press, 1997); Michael Kimmel, Guyland: The Perilous World Where Boys Become Men (New York: Harper Collins, 2008). 4. Simone de Beauvoir, The Second Sex, trans. Howard M. Parshley (New York: Knopf, 1951); Sandra Harding, The Science Question in Feminism (Ithaca, NY: Cornell University Press, 1986); Dorothy E. Smith, “Women’s Perspective as a Radical Critique of Sociology,” in Feminist Perspectives on Social Research, ed. Sharlene N. Hesse-Biber and Michelle L. Yaiser (New York: Oxford University Press, 2004), 84–96. 596 Liberty Walther Barnes and Christin L. Munsch maintain two types of IRB committees: a social-behavioral committee that oversees studies in the social sciences, and a biomedical committee to supervise clinical drug trials, experimental medical treatments, and tissue and blood research. The duty of the... (shrink)

Richly illustrated study drawing on art, literature and science to explore Victorian attitudes towards sight.

We study the two model-theoretic concepts of weak saturation and weak amalgamation property in the context of accessible categories. We relate these two concepts providing sufficient conditions for existence and uniqueness of weakly saturated objects of an accessible category ${\cal K}$. We discuss the implications of this fact in classical model theory.

Nell’estate del 1944 alcuni membri del Sonderkommando di Auschwitz, il “comando speciale” composto da prigionieri costretti al più infame dei lavori, quello nelle camere a gas e nei crematori, riescono a strappare quattro fotografie a quella terribile realtà. In due delle quattro foto si vedono i cadaveri ammassati a bruciare, in un’altra, delle donne nude correre, spinte verso le camere a gas, mentre nell’ultima distinguiamo appena dei rami. Ma c’è molto altro in queste foto, dalle quali Did...

The visibility of environmental problems and the increasing awareness of associated consequences have made environmental issues salient in Zambia. The purpose of this study was to investigate correlations between the social and psychological influences affecting college students in Zambia, and the behaviours perceived by them to be appropriately environmentally friendly. The underlying social and psychological factors that would determine individuals' attitudinal responses toward appropriate environmental behaviour were assessed. The study attempted to measure behavioural tendencies towards environmental conservation. Behaviour involving energy (...) and water conservation (EW) was consistently rated as the most important, and appropriate category of environmental behaviour, whereas social and political action (SP) was viewed as the least favourable behaviour according to the respondents in Zambia. The respondents who were older in the graduate level of the study and had frequently contact with environmental education activities and courses were more likely to hold positive behavioural tendencies toward environmental conservation in general. (shrink)

While both men and women work out in contemporary gyms, popular conceptions of the gym as a masculine institution continue. The authors examine organizational processes within a chain of women-only gyms to explore whether and how these processes have feminized the historically masculine gym. They examine the physical setting and equipment, the established procedures for customers' use of machines, and the interactional styles of employees as components of the organization's structure. They argue that the organization's use of technology and labor (...) mobilizes customers' participation in a feminized organizational culture of nonjudgmental and noncompetitive sociability. Organizational processes create a context that fosters gendered interactions and identities among customers. The organizational context calls gendered behavior into play such that the performance is naturalized. The processes outlined may occur in other cases of organizational recoding and suggest ways that transposable gender practices may change the gender coding of an institution yet leave gender hierarchies intact. (shrink)

Rousseau is considered to be at once the most modern political thinker of the 18th century and the most ancient in his allegiance to classical republicanism. These essays address the place of liberty in his moral and political philosophy, and the origins, meaning, strength, weakness and significance of his argument.

“It is the spirit of humanity, that which animates both so-called savages and civilized nations, working through a man, and not the man expressing himself, that interests us most,” writes Henry Dav...

S. A. Lloyd - Liberty, Rationality, and Agency in Hobbes's Leviathan - Journal of the History of Philosophy 40:3 Journal of the History of Philosophy 40.3 397-398 Book Review Liberty, Rationality, and Agency in Hobbes's Leviathan David van Mill. Liberty, Rationality, and Agency in Hobbes's Leviathan. Albany: The State University of New York Press, 2001. Pp. xii + 253. Cloth, $59.50. Paper, $19.95. David van Mill's provocative book is an ambitious and thoughtful argument by an author well-versed (...) in Hobbes's writings and the secondary literature on them, intended to revolutionize our understanding of Hobbes's theory of rational agency. It is a shame that the text is marred by such egregious copy-editing that its unrelenting misprints, misquotes, inaccurate references, and grammatical infelicities so distract from van Mill's.. (shrink)

I. Accompanying the rise of professed socialists to political prominence in the United States and Britain, a growing academic literature, spearheaded by French economist Thomas Piketty’s bestsellin...

Objective Apeiron was founded in 1966 and has developed into one of the oldest and most distinguished journals dedicated to the study of ancient philosophy, ancient science, and, in particular, of problems that concern both fields. Apeiron is committed to publishing high-quality research papers in these areas of ancient Greco-Roman intellectual history; it also welcomes submission of articles dealing with the reception of ancient philosophical and scientific ideas in the later western tradition. The journal appears quarterly. Articles are peer-reviewed on (...) a double-blind basis. Topics ancient philosophy ancient science reception of ancient philosophical and scientific ideas in the later western tradition Article formats Original Articles. (shrink)

Assisting suicide is legal in Switzerland if it is offered without selfish motive to a person with decision-making capacity. Although the ‘Swiss model’ for suicide assistance has been extensively described in the literature, the formally and informally protected liberties and claims of assistors and recipients of suicide assistance in Switzerland are incompletely captured in the literature. In this article, we describe the package of rights involved in the ‘Swiss model’ using the framework of Hohfeldian rights as modified by (...) Wenar. After outlining this framework, we dissect the rights involved in suicide assistance in Switzerland, and compare it with the situation in England and Germany. Based on this approach, we conclude that in Switzerland, claim rights exist for those requesting suicide assistance, and for those who are considering providing such assistance, even though no entitlements exist toward suicide assistance. We then describe the implementation of the ‘Swiss model’ and difficulties arising within it. Clarifying these issues is important to understand the Swiss situation, to evaluate what features of it may or may not be worth correcting or emulating, and to understand how it can impact requests for suicide assistance in other countries due to ‘suicide tourism’. It is also important to understand exactly what sets Switzerland apart from other countries with different legislations regarding suicide assistance. (shrink)

Assisting suicide is legal in Switzerland if it is offered without selfish motive to a person with decision-making capacity. Although the ‘Swiss model’ for suicide assistance has been extensively described in the literature, the formally and informally protected liberties and claims of assistors and recipients of suicide assistance in Switzerland are incompletely captured in the literature. In this article, we describe the package of rights involved in the ‘Swiss model’ using the framework of Hohfeldian rights as modified by (...) Wenar. After outlining this framework, we dissect the rights involved in suicide assistance in Switzerland, and compare it with the situation in England and Germany. Based on this approach, we conclude that in Switzerland, claim rights exist for those requesting suicide assistance, and for those who are considering providing such assistance, even though no entitlements exist toward suicide assistance. We then describe the implementation of the ‘Swiss model’ and difficulties arising within it. Clarifying these issues is important to understand the Swiss situation, to evaluate what features of it may or may not be worth correcting or emulating, and to understand how it can impact requests for suicide assistance in other countries due to ‘suicide tourism’. It is also important to understand exactly what sets Switzerland apart from other countries with different legislations regarding suicide assistance. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 10.2 (2000) 175-188 [Access article in PDF] Scope Note 38 Bioethics Resources on the Web * Once described as an "enormous used book store with volumes stacked on shelves and tables and overflowing onto the floor" (Pool, Robert. 1994. Turning an Info-Glut into a Library. Science 266 (7 October): 20-22, p. 20), Internet resources now receive numerous levels of organization, from basic directory listings (...) to elaborate "links" (cross-references to other Internet documents) that flash and glow in the dark. In many ways, the Internet functions as a direct extension of the traditional library. Following linked references across various sites is an electronic version of browsing library stacks, and the serendipitous discoveries made while "surfing the Net" recall the wonders of physically going "book-to-book." Although many of the Internet's best aspects augment library strengths by eliminating physical distance from sources, Net resources pose unique problems for researchers. It is not always clear who is responsible for the content of Web documents, when the document was produced, or how often (if ever) it is updated. Internet resource tools, then, must enable researchers to identify appropriate resources and to evaluate what they find when they get there. Web Research as Taking "Snapshots" Given the Internet's visual nature and fluid content, the process of conducting research on the Web has been likened to taking an informal picture of information on a specific date at a particular time. This metaphor also conveys the "zoom-in" aspect of searching through Web pages by going from general to specific categories. In the first section of this Scope Note, National Reference Center for Bioethics Literature (NRCBL) staff present a snapshot of bioethics resources taken during the spring months of 2000. Entries are divided into the categories of directories, electronic journals, full-text documents, news/current awareness, and teaching resources. In the two subsequent sections, this series of categories is repeated for entries on a specific topic within bioethics-genetics-and again for general search and evaluation tools. Where a Web site may contain pages applicable [End Page 175] to more than one category, multiple entries are made for that site with appropriate information for each category.Much as telecommunication advances have strengthened the relationship of patients and providers as partners, the dynamic nature of the Internet acknowledges that the researcher functions as a librarian whenever accessing the Web. It is our hope that BIOETHICSLINE and the other NRCBL databases not only will enable researchers to search the Web more efficiently, but also will help them to evaluate what they find when they get there. Bioethicsline on the Web: An International Plan in Progress Once only available through libraries, the U.S. National Library of Medicine (NLM), the funding agency for the ongoing development of the BIOETHICS LINE® database from the Kennedy Institute, has provided free Web access to that database of 63,000 citations since September 1998 through Internet Grateful Med. Plans are now underway to eliminate such specialty databases and incorporate all citations into PubMed (for journal articles) or LOCATORplus (for book-like materials and chapters in books). Both of these databases are likewise available at no cost on the Web. In the transition to PubMed and LOCATORplus some features of BIOETHICSLINE that presently are available may be lost. Researchers are encouraged to contact the National Reference Center for Bioethics Literature with search requests or for search strategy assistance with either the current or the future system ([email protected]).The inclusion of bioethics citations in PubMed and LOCATORplus will have several advantages. First, unique keywords from the Bioethics Thesaurus will be considered for inclusion in Medical Subject Headings (MeSH), the indexing vocabulary for PubMed and LOCATORplus, thereby enhancing retrieval of relevant clinical literature by offering more precise terminology covering ethical issues. Second, it will be easier to identify foreign-language materials, which are not currently included in the scope of BIOETHICSLINE. Third, the updating schedule will become more frequent. On the other hand, there may be some loss of searching precision because certain specialized features... (shrink)

Mill's On Liberty has turned out to be, as he predicted, the most widely read and long-lasting of his writings. It has proved, however, extremely difficult to pin Mill down to any definite political doctrines. His contemporaries clearly had the same problems as have beset modern commentators. Some portray Mill as a dangerous revolutionary, a latter-day Jacobin; others see him as peddling mere platitudes. This volume traces the reception of On Liberty in the periodical literature, from the (...) "rave" review of Buckle in Fraser's Magazine, by way of the furious denunciations in such Tory journals as Blackwood's and the Quarterly, down to later liberals like John Morley and Leslie Stephen. (shrink)

The separation of church and state disguised the coordination of two very different conceptions of liberty at work in Revolutionary America, one with a religious basis in radical Protestant thought and the other with a legal basis in the secular Enlightenment. The essay combines the disciplines of law, literature, and intellectual history to investigate these contrasting formulations and their changing relationship. Cross-cultural analysis of the language of protest in both England and America gives the investigation a crucial focus. (...) It also explains a larger movement from direct influence to refraction in Anglo-American relations. (shrink)

Through mystery, literature reveals to us the Great Unknown. While we are absorbed by the matters at hand with the present enactment of our life, groping for clues to handle them, it is through literature that we discover the hidden strings underlying their networks. Hence our fascination with literature. But there is more. The creative act of the human being, its proper focus, holds the key to the Sezam of life: to the great metaphysical/ontopoietic questions which (...) class='Hi'>literature may disclose. First, it leads us to the sublimal grounds of transformation in the human soul, source of the specifically human significance of life (Analecta Husserliana, Volume III, XIX, XXIII, XXVII) Second, it leads us to the unveiling of the hidden workings of life in the twilight of knowing in a dialectic between The Visible and the Invisible, (Volume LXXV, 2002, Analecta Husserliana) down to the ontopoietic truth. (Volume LXXVI, 2002, Analecta Husserliana) This prying into the unknown which provokes the human being as he or she attempts to conquer, step by step, a space of existence, finds its culmination in the phenomenon of mystery as the subject of the present collection. Its formulation brings us to the greatest question of all: the enigmatic solidarity -in-distinctiveness of human cognition and existence. Papers are written by: Tony E. Afejuku, Gary Backhaus, Paul G. Beidler, Matthew J. Duffy, Raffaela Giovagnoli, Jennifer Anna Gosetti-Ferencei, Matti Itkonen, Lawrence Kimmel, Catherine Malloy, Vladimir L. Marchenkov, Nancy Mardas, Howard Pearce, Bernadette Prochaska, Victor Gerald Rivas, M.J. Sahlani, Dennis Skocz, Jadwiga S. Smith, Mara Stafecka, Max Statkiewicz, Mariola Sulkowska, Anna-Teresa Tymieniecka, Leon U. Weinman, Tim Weiss. (shrink)

Despite a recent wave in global recognition of the rights of transgender and gender-diverse populations, referred to in this text by the umbrella label of trans*, international law continues to presume a cisgender binary definition of gender — dismissing the lived realities of trans* individuals throughout the world. This gap in international legal recognition and protection has fundamental implications for health, where trans* persons have been and continue to be subjected to widespread discrimination in health care, longstanding neglect of health (...) needs, and significant violations of bodily autonomy. (shrink)

The great critic Peter Viereck, in a volume that both reproduces an earlier effort and presents an entirely new work on the intersection of history and literature, offers a biting critique of the American desire for normalcy that leads to a culture of the surrender of personality. In contrast to this voluntary thought control process is the unadjusted person. Cast in the mold of great individualists from Thomas More to Friedrich Nietzsche, such a person responds to fundamental values of (...) conscience rather than conformity built exclusively on ego gratification and icon worship. Viereck's book is a stinging critique of the liberal presumption of a monopoly in critical thought. He argues to the contrary, that most varieties of liberal expression offer little else than the common platitude dressed up as critique. In such a cultural environment, conservatism is the skeleton in the liberal closet. The virtue of conservatism is that in its very stress on liberty as dependent on tradition and law, it permits the human being an opportunity to test all transient things by the touchstone of all lasting ideas. Unadjusted Man cuts deep and in many directions: against left totalitarian regimes of Europe and right wannabes like McCarthyism in America. For Viereck, the art of conserving is not an embrace of utopias to come or empires that were, but retaining the sense of individuality over against the senselessness of the "massman." Civil liberties in this approach are a right to non-conspiratorial dissent informed by fundamental values. The new material is presented unabashedly--without an attempt to rewrite personal history, and with an admission that not every prediction made in the original edition has come to fruition. That said, the underlying themes of the original are not so much repeated as expanded upon. For those seeking a work in the classic mold of conservatism, rather than the strident reactionary views that have come to dominate much of the conservative dialogue, this will be a special book, a special entrance to the mind of a great figure in American culture wars of present as well as past. (shrink)

In Culture, Genre, and Literary Vocation, Michael Davitt Bell charts the important and often overlooked connection between literary culture and authors' careers. Bell's influential essays on nineteenth-century American writers—originally written for such landmark projects as The Columbia Literary History of the United States and The Cambridge History of American Literature—are gathered here with a major new essay on Richard Wright. Throughout, Bell revisits issues of genre with an eye toward the unexpected details of authors' lives, and invites us to (...) reconsider the hidden functions that terms such as "romanticism" and "realism" served for authors and their critics. Whether tracing the demands of the market or the expectations of readers, Bell examines the intimate relationship between literary production and culture; each essay closely links the milieu in which American writers worked with the trajectory of their storied careers. (shrink)

We argue that at least some corvids morally ought to be granted a right to bodily liberty in the US legal system and relevantly similar systems. This right would grant immunity to frivolous captivity and extermination. Implementing this right will require new legislation or the expansion of existing legislation including the elimination of various "pest" clauses. This paper proceeds in three parts. First, we survey accounts of the moral grounds of legal rights. Second, to establish an overlapping consensus supporting (...) corvid bodily liberty rights, we survey the empirical literature on corvid cognition. Third, we illustrate what a corvid right to bodily liberty might look like, by looking to recent developments in animal law, as well as previous advocacy on behalf of primates and cetaceans. (shrink)

This is the first comprehensive interpretation of John Locke's solution to one of philosophy's most enduring problems: free will and the nature of human agency. Many assume that Locke defines freedom as merely the dependency of conduct on our wills. And much contemporary philosophical literature on free agency regards freedom as a form of self-expression in action. Here, Gideon Yaffe shows us that Locke conceived free agency not just as the freedom to express oneself, but as including also the (...) freedom to transcend oneself and act in accordance with "the good." For Locke, exercising liberty involves making choices guided by what is good, valuable, and important. Thus, Locke's view is part of a tradition that finds freedom in the imitation of God's agency. Locke's free agent is the ideal agent. Yaffe also examines Locke's understanding of volition and voluntary action. For Locke, choices always involve self-consciousness. The kind of self-consciousness to which Locke appeals is intertwined with his conception of personal identity. And it is precisely this connection between the will and personal identity that reveals the special sense in which our voluntary actions can be attributed to us and the special sense in which we are active with respect to them. Deftly written and tightly focused, Liberty Worth the Name will find readers far beyond Locke studies and early modern British philosophy, including scholars interested in free will, action theory, and ethics. (shrink)

This paper examines the link between political liberties and social equality, and contends that the former are constitutive of, i.e. necessary to secure, the latter. Although this constitutive link is often assumed in the literature on political liberties, the reasons why it holds true remain largely unexplored. Three such reasons are examined here. First, political liberties are constitutive of social equality because they bestow political power on their holders, leaving disenfranchised individuals excluded from decisions that are particularly pervasive, coercively (...) enforced, hard to avoid, monopolistic, and final. Second, they are constitutive of social equality due to their positional value, such that those who are denied such liberties are socially downgraded because and to the extent that others enjoy them. Third, they are constitutive of social equality due to their expressive value, in the sense that, by disenfranchising some individuals, the state publicly fails to recognize their equal moral agency. While unpacking these reasons, we address some criticisms of this constitutive link recently raised by Steven Wall and Jason Brennan. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Third Concept of Liberty. Judgment and Freedom in Kant and Adam SmithElisabeth EllisSamuel Fleischacker. A Third Concept of Liberty. Judgment and Freedom in Kant and Adam Smith. Princeton: Princeton University Press, 1999. Cloth, $70.00. Pp. 338.Samuel Fleischacker's lively and ambitious new book on judgment makes significant contributions to the literature interpreting Kant and Smith. He constructs a powerful [End Page 447] theory of free (...) human judgment from Kant's third Critique and Smith's Wealth of Nations, using this theory to revise Isaiah Berlin's classic distinction between negative and positive freedom. By arguing for what he calls "a third concept of liberty," Fleischacker hopes "to make the world free for good judgment" (243).Fleischacker begins his book with three chapters on "the nature of judgment," which include a controversial but ultimately convincing reading of Kant's writing on aesthetic judgment. Having outlined a Kantian theory of judgment, Fleischacker moves in the next six chapters to "the politics of judgment," reading Smith's Wealth of Nations in light of Aristotle's philosophy of phronesis (and also, rightly, in the context of Smith's own Theory of Moral Sentiments). This second section concludes with two extremely interesting chapters on politics and judgment in Kant and Rawls, in which Fleischacker weaves a number of controversial hypotheses, for example, that Kant's Groundwork was fundamentally influenced by Adam Smith (229n.), or that Kant included gender-based inequality among the types of tutelage to be overcome (186n.), into a strong critique of contemporary political philosophy. To both the utilitarian and the deontological traditions in political thought, Fleischacker opposes a "third way," in which the basis of political legitimacy is rooted in neither desire nor reason, but in the capacity for judgment. Fleischacker concludes his book with a single chapter on "the freedom of judgment," in which he argues for this philosophy against a series of representatives of alternative views.Interpreting Kant's political philosophy, Fleischacker directs our attention away from the familiar calculus of universal rules and toward what this reader agrees is the more authentically Kantian politics of gradual progress toward freedom. From this interpretation, he derives a very interesting critique of Kant's most prominent present-day successors:Rawls and Habermas try to uncover a framework for just politics from the structure of reason itself, and their projects fail, deeply and irremediably, because that structure cannot tell us anything, by itself, about its own proper application to concrete matters of public policy. Kant's own political writings are more closely engaged with specific, contingent issues of his day. Surprisingly, perhaps, Kant has considerably greater respect for history, and for empirical fact, than do his modern-day followers.(184)Fleischacker is not the only scholar interested in directing our attention toward Kant's pragmatic politics. See, for example, John Christian Laursen, The Politics of Skepticism in the Ancients, Montaigne, Hume, and Kant (Leiden and New York: E. J. Brill, 1992). Fleischacker goes on to emphasize that for Kant political freedom is something to be achieved over time via such institutions as civic education and a free press. As such, political freedom is not identical with freedom of the will, and thus for Fleischacker, Kant's political arguments do not depend on defending transcendental freedom. Instead, Fleischacker argues, a truly Kantian politics will address the conditions for the free exercise of individual judgment. "Freedom.... can be developed empirically... " (186). Though generally convincing, Fleischacker's reading of Kant's politics is vulnerable to criticism on some points of interpretation. For example, by overlooking Kant's [End Page 448] account of provisional right in the Rechtslehre, Fleischacker misses one of the most important of Kant's attempts to translate judgment's mediating function into political practice.If A Third Concept of Liberty elides some interpretive issues (such as the relationship between aesthetic and moral decision-making (23n.), the book confronts the most important questions of present-day political theory head on. Fleischacker makes a number of far-reaching but also quite specific proposals for moving the world closer to a realm of free human judgment. Against negative libertarians such as Milton Friedman, Fleischacker calls for governmental activism to... (shrink)

Three recent books?Richard Posner's Law and Literature, Stanley Fish's Doing What Comes Naturally, and James Boyd White's Justice as Translation? struggle over the relationship of law and literature. Fish and White defend the relevance of literature to law; Posner tries to kill the nascent law and literature movement by hugging it to death. Posner's literary criticism is belles?lettristic, concerned chiefly with how?great? a work is. Fish's is social, emphasizing the interpretative community. White attempts to make a (...) new community, in which we come to understand one another by an effort of translation. White's vision is attractive, though it surrenders Science to non?translation. As the sage said, even in science it is translation, and rhetoric, all the way down. (shrink)

Examines interrelated topics in Medieval and Renaissance Latin literature: the status of women as writers, the status of women as rhetorical figures, and the status of women in society from the fifth to the early seventeenth century.

The 16th-century French humanist writer Etienne de La Boétie has not often been considered in literature on republican political thought, despite his famous essay, Discours de la Servitude Volontaire, displaying a number of clear republican tropes and themes, being largely concerned with the problem of arbitrary power embodied in the figure of the tyrant. Yet, I argue that the real significance of La Boétie’s text is in his radical concept of voluntary servitude and the way it adds a new (...) dimension to the neo-republican theory of liberty as non-domination. The problem of self-domination or wilful obedience to authority is a form of ideological domination that Pettit’s understanding of arbitrary power relationships between agents does not adequately account for. Furthermore, La Boétie shows that freedom is an ontological condition and is realised not – or not entirely – through the rule of law as the guarantee against arbitrariness, as neo-republicans advocate, but rather through acts of self-emancipation and civil disobedience. Here I understand La Boétie’s thinking in terms of a certain anarcho-republicanism in which the promotion of freedom depends not so much on institutions, as Pettit suggests, but rather on autonomous relations of friendship, love and solidarity between individuals. (shrink)

What are sanctuary cities? What are the political stakes? The literature provides inadequate answers. Liberal migration theorists offer few insights into sanctuary city politics. Critical migration scholars primarily address the relationship between sanctuary cities and political activism, a small part of the phenomenon. The historical literature examines continuities between 1970s sanctuary church activism and contemporary sanctuary cities, confusing what is essential to sanctuary churches and what is only sometimes associated with sanctuary cities. Together these approaches obscure more than (...) they reveal. This article suggests a republican account of sanctuary cities. Reconstructing American migration politics from the colonial era onward shows that sanctuary cities have roots in both the colonial republican revolt and the republican principle of freedom as nondomination. That reconstruction reveals much about both sanctuary cities and the federal government’s long-running assault on them. The resulting robust analytical framework clarifies what is at stake in the politics of sanctuary cities: federal sovereignty in migration politics specifically and republican liberty in migration politics generally. (shrink)

Philip Pettit's narrative of the eclipse of republican by liberal liberty in late eighteenth-century Britain adds colour and plausibility to his analytical contrast between republican and liberal liberty. The narrative supports his argument that republicanism and liberalism can be helpfully contrasted in terms of non-domination and non- interference conceptions of liberty. While the narrative has not been scrutinized in the literature, it is in fact flawed. The flaws raise new questions about how stringent a value (...) class='Hi'>liberty as non-domination is and what motivated the value. The flaws also raise new questions about the significance of liberty as non-interference within the very strand of liberalism that Pettit focuses upon. Finally, the article casts doubt on some aspects of Quentin Skinner's interpretation of republican liberty. (shrink)

This chapter shows how Mary Astell and Margaret Cavendish can reasonably be understood as early feminists in three senses of the term. First, they are committed to the natural equality of men and women, and related, they are committed to equal opportunity of education for men and women. Second, they are committed to social structures that help women develop authentic selves and thus autonomy understood in one sense of the word. Third, they acknowledge the power of production relationships, especially friendships (...) among women, in cultivating fulfilling lives for women. All three forms of feminism promote greater liberty for women. Moreover, the chapter establishes that many of these conclusions are especially forceful given Cavendish’s use of the genre of literature, and given the method that literature allows, namely that of presenting alternate points of view. (shrink)

Despite the vast literature on Rawls's work, few have discussed his arguments for the value of democracy. When his arguments have been discussed, they have received staunch criticism. Some critics have charged that Rawls's arguments are not deeply democratic. Others have gone further, claiming that Rawls's arguments denigrate democracy. These criticisms are unsurprising, since Rawls's arguments, as arguments that the principle of equal basic liberty needs to include democratic liberties, are incomplete. In contrast to his trenchant remarks about (...) core civil liberties, Rawls does not say much about the inclusion of political liberties of a democratic sort – such as the right to vote – among the basic liberties. -/- In this paper, I complete some of Rawls's arguments and show that he has grounds for including political liberties, particularly those of a democratic nature, in the principle of equal basic liberty. In doing so, I make some beginning steps toward illustrating the genuinely democratic nature of Rawls's arguments. Rawls believes that a few different arguments can be given for democratic institutions and that these arguments work together to support the value of democracy. In this paper, I focus on Rawls's arguments relating to self-respect. I focus on this set of arguments because they are among the strongest of Rawls's arguments for equal political liberty and its fair value. (shrink)

The seventeenth century English philosopher, John Locke, is widely recognized as one of the seminal sources of the modern liberal tradition. _Liberty, Toleration and Equality_ examines the development of Locke’s ideal of toleration, from its beginnings, to the culmination of this development in Locke’s fifteen year debate with his great antagonist, the Anglican clergyman, Jonas Proast. Locke, like Proast, was a sincere Christian, but unlike Proast, Locke was able to develop, over time, a perspective on toleration which allowed him to (...) concede liberty to competing views which he, personally, perceived to be "false and absurd". In this respect, Locke sought to affirm what has since become the basic liberal principle that liberty and toleration are only meaningful when they are accorded to views to which we ourselves are profoundly at odds. John William Tate seeks to show how Locke was able to develop this position on toleration over a long intellectual career. Tate also challenges some of the most prominent contemporary perspectives on Locke, within the academic literature, showing how these fall short of perceiving what is essential to Locke’s position. (shrink)

Background Pragmatic randomized controlled trials are designed to evaluate the effectiveness of interventions in real-world clinical conditions. However, these studies raise ethical issues for researchers and regulators. Our objective is to identify a list of key ethical issues in pragmatic RCTs and highlight gaps in the ethics literature. Methods We conducted a scoping review of articles addressing ethical aspects of pragmatic RCTs. After applying the search strategy and eligibility criteria, 36 articles were included and reviewed using content analysis. Results (...) Our review identified four major themes: 1) the research-practice distinction; 2) the need for consent; 3) elements that must be disclosed in the consent process; and 4) appropriate oversight by research ethics committees. 1) Most authors reject the need for a research-practice distinction in pragmatic RCTs. They argue that the distinction rests on the presumptions that research participation offers patients less benefit and greater risk than clinical practice, but neither is true in the case of pragmatic RCTs. 2) Most authors further conclude that pragmatic RCTs may proceed without informed consent or with simplified consent procedures when risks are low and consent is infeasible. 3) Authors who endorse the need for consent assert that information need only be disclosed when research participation poses incremental risks compared to clinical practice. Authors disagree as to whether randomization must be disclosed. 4) Finally, all authors view regulatory oversight as burdensome and a practical impediment to the conduct of pragmatic RCTs, and argue that oversight procedures ought to be streamlined when risks to participants are low. Conclusion The current ethical discussion is framed by the assumption that the function of research oversight is to protect participants from risk. As pragmatic RCTs commonly involve usual care interventions, the risks may be minimal. This leads many to reject the research-practice distinction and question the need for informed consent. But the function of oversight should be understood broadly as protecting the liberty and welfare interest of participants and promoting public trust in research. This understanding, we suggest, will focus discussion on questions about appropriate ethical review for pragmatic RCTs. (shrink)