In a legal sense, a proprietary complex is comprehended as a totality of the objects of civil rights having common purpose which is referred to as a self-sufficient object having separate monetary value. In contemporary doctrine of private law, wherein the pluralistic theory of civil relationship is prevalent, the object of the civil relationship as well as the object of civil rights is considered the values regarding which of the civil relationship emerged. Proprietary complexes as the (...) multipartite objects of civil rights are comprised of various units of asset. In a legal sense, assets are considered as the objects of civil rights having economic value and capacity to participate in civil turnover, i.e. the owner is able to transfer such object to another person. While forming proprietary complexes, different units of assets (tangible and intangible) are united into a totality which is considered as one object of civil rights. So, if the positive law constitutes a possibility to form proprietary complexes and to participate in civil turnover, it becomes possible to capitalize assets, whereas proprietary complexes are formed in order to gain additional monetary value. Therefore, the purpose of this research is to analyse the formation of proprietary complexes, the genesis and theoretical grounding of proprietary complexes and different kinds of proprietary complexes. The subject matter of the research is the analysis of the concept of proprietary complex, the identification of the features of proprietary complexes and the analysis of particular proprietary complexes. The main methods used in this research are document (content of source), linguistic, systematic and critical analyses as well as historical, comparative and teleological analyses. (shrink)

As the World Wide Web has grown in popularity, the propriety of linking to other web sites has achieved some prominence as an important moral and legal issue. Hyperlinks represent the essence of Web-based activity, since they facilitate navigation in a unique and efficient fashion. But the pervasive activity of linking has generated notable controversies. While most sites welcome and support incoming links, others block them or seek to license them in some way. Particularly problematic are so-called 'deep links,' which (...) bypass the home page along with the extensive advertising and promotional material that is usually found there. While some contend that a site's mere presence on the web is implicit permission for virtually any form of linking, others argue that at least in some circumstances deep linking is unfair and constitutes misappropriation of intellectual property.In this paper we will explore the issue of deep linking from a distinctly moral vantage point. While legal scholars have vigorously debated this issue, it has received little attention from moralists. But deep linking raises a plethora of complex property issues with subtle moral implications, and hence it deserves our careful scrutiny. The most fundamental question concerns the appropriate scope of property rights for a web site and how those rights can be properly balanced against the common good of free and open communications on the Web. It is our contention that there is no presumptive claim to the liberty of deep linking at will, since it may be disrespectful of property rights in certain situations. In order to defend this position we first make the case that a web site is a form of intellectual property, drawing support from the major theories that justify property ownership. Once we have established that a web site is really property, we consider the specific rights implied by such ownership. We conclude that on the basis of those rights, a prima facie case can be made that because of the potential for negative effects, users should not presume that deep linking is acceptable unless they first seek out the permission of the target web site.We also fully appreciate the dangers inherent in propertizing the web and the need to encourage the most flexible forms of linking. Therefore, we argue that any arbitrary or unnecessary restrictions against deep linking should be eschewed for the sake of the common good of open communications, flexibility, and maximum porosity in the Internet environment. While web site authors may indeed have a property right in their creative work they have a correlative obligation to promote the sharing and free flow of information when their specific ownership rights are not put in jeopardy by deep linking. (shrink)

The present essay discusses the value of citizenship as shared fate in sites of ethnic conflict and analyzes its implications for citizenship education in light of three issues: first, the requirements of affective relationality in the notion of citizenship-as-shared fate; second, the tensions between the values of human rights and shared fate in sites of ethnic conflict; and third, the ways in which citizenship education might overcome these tensions without falling into the trap of psychologization and instrumentalization, but rather (...) focusing on providing opportunities for social and school practices that manifest shared fate and compassion in critical ways. It is argued that what teachers and schools should try to do is to make practices of shared fate and compassion possible through creating conditions for children and young people to experience what it means to enact such practices in sites of ethnic conflict. It is also suggested that teachers and schools in sites of ethnic conflict cannot produce ‘new’ citizens on the basis of any values, no matter how ‘noble’ these values may be. The most that can be done is to help children and young people to critically reflect upon the conditions under which people in sites of ethnic conflict can act on the basis of shared fate and compassion and provide support so that these possibilities can become realistic. (shrink)

Social experimental research commonly employs media to elicit responses from research subjects. This use of media is broadly protected under fair use exemptions to copyright, and creators of content used in experiments are generally not afforded any formal consideration or protections in existing research ethics frameworks. Online social networking sites are an emerging and important setting for social experiments, and in this context the material used to elicit responses is often content produced by other users. This article argues (...) that users may have a reasonable interest in controlling the use of their content in experiments conducted in online social networks. Matters of risk and autonomy in research ethics are explored by analogy to active debates in law over adhesion contracts, moral rights, and the right to be forgotten. The article concludes by considering practical difficulties in identifying and protecting the interests of creators. (shrink)

The public sphere has been seen by conservatives as an arena for safeguarding private relations. Private power relations could be threatened by newly recognized social groups that make claims on the state for justice and equality. Therefore, conservatives have been concerned about who can speak and exist in public and who can thereby make demands on the state. In the debates over transgender rights in Canada, social conservatives and neoliberal forces have merged in complex and impactful ways. Analyzing House (...) of Commons and Senate debates and committee proceedings for Bill C-279 and Bill C-16, I examine three conservative arguments that illustrate attempts to maintain private power relations and hierarchal gendered divisions by ensuring that transgender and gender nonconforming people are not allowed to exist, speak or make claims in public: first, the assertion that gender identity and gender expression are not definable identity categories for claims-making because transgender people are deceptive and can change their gender based on their feelings; second, the targeting of public facilities, and particularly public bathrooms, as sites of contention, danger and necessary gender segregation; and third, the attempt to delegitimize rights claims by criminalizing transgender people in relation to cisgender women and children. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Dogs and MonstersObservations on the Evacuation of Afghanistan and the Intersection of Human Rights and the AnthropoceneK. M. Ferebee (bio)On August 28, 2021, former Royal Marine and charity worker Pen Farthing was evacuated from Afghanistan with almost two hundred dogs and cats that his Kabul animal charity, Nowzad Dogs, had rescued. The role of the British government in this evacuation remains hotly contested: At the time, the (...) British Ministry of Defence tweeted (Fig. 1) that Farthing's escape had been assisted by the British military, but Farthing later disputed this claim and argued that his rescue was not the result of high-level intervention in the British government. In January 2022 controversy erupted around the emergence of documents suggesting that Prime Minister Boris Johnson had lied to Parliament about the personal role that he played in just such an intervention. Notably, Nowzad's Afghan staff members were not evacuated alongside Farthing and the animals, though they would eventually escape to Pakistan. Following Farthing's escape, the British government failed to evacuate hundreds of British citizens and residents (Merriman and Ghouri), as well as many more Afghans who had worked on behalf of British forces. The Nowzad Dogs evacuation became a site of symbolic struggle over Britain's respect (or lack thereof) for human rights. "What a story to tell the world: Britain values dogs more than Afghan people," the headline of an opinion piece in the Guardian (Hinsliff) read.The story of Nowzad Dogs is interesting to me not only as a tale of human-nonhuman relations, but also because I was, at the time it occurred, volunteering within the Afghan aid community to assist relatives of a friend, British Afghans who had been visiting Kabul when the government [End Page 52] collapsed. The family repeatedly asked for assistance from the British Foreign, Commonwealth and Development Office—assistance that never appeared. Ultimately, due to the generosity of donors and the coordination of a volunteer team, the family was able to flee to Pakistan, where they boarded a commercial flight to London. This case was a particularly stark and powerful illustration of the negotiations of rights and value that took place during and following the evacuation. It seemed nonsensical, in August 2021, to suppose that British citizens, including British children (the family I worked with included a six- and an eleven-year-old who were British citizens), would be abandoned while Afghan dogs had their rights prioritized. As I hope to demonstrate here, however, such an incident becomes comprehensible and even logical when it is understood as part of a specifically Anthropocene manifestation of subjectivity.Upendra Baxi suggests that 1948's Universal Declaration of Human Rights (UDHR) marks a broad shift from the era of "modern" (42) human rights (which began with the American and French Revolutions) to the era of "contemporary" (42) human rights. His periodization links these eras in human rights to shifts in the ideology of capitalism and empire. The "modern" era of human rights, he writes, "signals a whole variety of ideological 'justifications' for colonization and world domination" and "provides a register of major development in industrial capitalism" (42), while the "contemporary" era of human rights "is based on the premise of radical self-determination" (46). Such a periodization also brings human rights into close alignment with the Anthropocene, which is rooted in the capitalist-colonial Enlightenment and Industrial Revolution, yet often dated most concretely to the circa-1950 shift that some (such as J. R. McNeill and Peter Engelke) label the "Great Acceleration." Indeed, one could reasonably appropriate Baxi's terms and speak of "modern" and "contemporary" Anthropocenes mapped identically onto the global timeline.I propose to use the 2021 Afghan evacuation as a site from which to explore how human rights and the Anthropocene have together coproduced certain forms of subjectivity that are essential for the continued smooth functioning of world-ecological capitalism. These new forms of subjectivity are necessary to sustain the important fiction of individual [End Page 53] agency and value and conceal the ways in which the Anthropocene moment renders this fiction meaningless. Ultimately, I paint a picture of an Anthropocene without any human agency at all. I want... (shrink)

This article explores areas of law loosely within English equity and trusts law that have not conventionally been subject to feminist debate, and within the context of a discussion about feminist method. The particular areas examined are whistleblowing and trustees’ powers of investment, each of which calls for consideration of decision-making processes which have an ethical content. These sites are chosen because they take debate outside the all too familiar locations of woman or ‘the body of woman’, including the (...) family home, where feminist analysis in relation to equity and trusts tends to stray. In exploring these chosen fields, Hobby’s (Feminist Perspectives on Equity and Trusts, Cavendish Publishing, 2001, pp. 219–255) critique of gender dimensions in relation to whistleblowing and Dunn’s (Feminist Perspectives on Equity and Trusts, Cavendish Publishing, 2001, pp. 179–196) account of women trustees’ investment decisions are evaluated and developed. The debate within feminist legal criticism of the possibility of integrating an ‘ethics of care’ and an ‘ethics of rights’ is acknowledged. Whilst acknowledging of the difficulty of adopting an approach that recognises ‘mixed logics’, it is concluded that women (and men) do integrate the ethics of care and the ethics of rights in their decision-making. It is argued that the effort should be made to trace the specific weave in particular circumstances, thereby paying suspicious attention to the values that underlie courts’ analyses of ethical choices. (shrink)

Fieldwork in Educational Settings is widely recognised as part of the essential reading for the researcher in education. It instructs those new to qualitative educational research how to find interesting research sites, collect great data, analyse them responsibly, and then find the right audience to hear, use, and build upon their findings successfully. The revised and updated third edition includes the latest developments in authoethnography, data collection, analysis and dissemination, and is illustrated throughout with up-to-the minute examples of real world (...) research. It embraces both sociological and anthropological approaches to qualitative educational research, using case studies from the USA, Canada, Australia and New Zealand as well as the UK. ‘Education’ is treated broadly, including higher education and non-formal settings as well as schools. Threaded throughout the book is updated content on: the internet and virtual worlds as sites for ethnography, the ethical aspects of ethnographic research, the strengths and weaknesses of autoethnography, the debates about representing data, the impact of technological innovations in all stages of qualitative research. An indispensable introduction for students and novice researchers alike, the new edition continues to illustrate and sustain the increasing popularity of qualitative methods in educational research over the past thirty years_,_ addressing the technological and digital changes that have occurred. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rhetorical Circulation in Late CapitalismNeoliberalism and the Overdetermination of Affective EnergyCatherine ChaputIn the world we have known since the nineteenth century, a series of governmental rationalities overlap, lean on each other, challenge each other, and struggle with each other: art of government according to truth, art of government according to the rationality of the sovereign state, and art of government according to the rationality of economic agents, and (...) more generally, according to the rationality of the governed themselves. And it is all these different arts of government, all these different types of ways of calculating, rationalizing, and regulating the art of government which, overlapping with each other, broadly speaking constitute the object of political debate.Michel Foucault, The Birth of BiopoliticsCritical rhetoricians interested in the power dynamics between rhetoric and capitalism have established for themselves the ambitious task of explaining how multiple, intertwined rationalities govern individual and collective [End Page 1] behavior in relationship to the ever-shifting logics of capitalism. Approaches to this complicated directive frequently envision rhetoric as a mediating force among agentive subjects who act within well-defined political economic landscapes. Wedded to a political-communicative model wherein appropriate rhetorical choices persuade those with authority to distribute disputed political and economic rights, rhetorical theory becomes a sophisticated handbook for discovering topoi and executing decorous statements. This focus, according to Ronald Walter Greene, results in a "permanent anxiety over the meaning and potential of rhetorical agency" that positions rhetoricians as "moral entrepreneurs scolding, correcting, and encouraging the body politic" (2004, 188, 189). Committing themselves to endless debates about correct responses in situated spaces, rhetorical theories that underscore agency lose site of the world in flux and of our participation in that world's unpredictable unfoldings. Alternatively, Greene suggests rethinking rhetorical theory through a materialist-communicative model wherein the immaterial labor of communication produces value. Conceptualizing discursive practices as a form of labor rather than a form of political signification sidesteps anxiety about well-chosen language and emphasizes the life-affirming activity involved in deciphering issues, inventing paths through those issues, and communicating new ideas to others. In short, Greene's materialist model challenges critical rhetoricians to end their perennial search for a discursive key to the storehouse of political economic goods (a practice propelled by liberal democratic hopes) so that they can begin to invent analyses and modes of production better suited to the contours of contemporary neoliberalism.Unlike liberalism's clearly assigned spaces for public life and private life or work time and leisure time, neoliberal spaces bear few obvious markers. The neoliberal landscape consists of blurred boundaries that fold into one another: information flows almost instantaneously, commodities and people transgress national boundaries, time accelerates, space collapses, and distinctions between such classic demarcations as agent and subject or politics and economics erode. Facilitated by dramatic changes in our sociopolitical boundaries, economic neoliberalism, what James Arnt Aune calls "economic correctness" (2001), reigns throughout vast uneven terrains opened up from the imploded borders of our liberal world. While economics does indeed rule the neoliberal landscape, it does not do so according to uncompromising rationalism. Political and cultural practices flowing into the previously segregated spaces of economics enable market rule through logics that operate entirely outside the rational-irrational divide. Economic neoliberalism moves from situation to situation, disregarding spatial boundaries between the political, economic, [End Page 2] and cultural realms as well as their attendant modes of persuasion, wearing away at the rhetorical linkages between appropriate discursive choices and agentive power.Regardless of the particularities of neoliberalism's spaces, structures, and governing practices, many rhetoricians continue to mediate among different worldviews based on outmoded liberal gauges. Some rhetorical theorists, for instance, maintain that the problematics of neoliberalism result from an imbalance between reason and passion. Even though the most ardent supporters of neoliberal practices hold firmly to a belief in its scientific rationality, rhetorical theorists often argue that passion overpowers reason in neoliberal discourse. The rhetorical form that sustains this disequilibrium is, according to Bradford Vivian, neoliberal epideictic. Based on an impassioned identification, epideictic texts "unite an otherwise fractured citizenry in a dynamic affective experience" (Vivian 2006, 15). Epideictic rhetoric functions didactically to unite the public... (shrink)

Context: The recent death of Ernst von Glasersfeld opens a space in which there is an important opportunity to re-present and highlight key aspects of his life’s work constructing his model of radical constructivism. Purpose: To make available in a synthetic form one of his particular efforts to elaborate RC in a project that lasted 13 years. This particular project was conducted on the Oikos web site under the title of “Ask von Glasersfeld” and consisted of an opportunity for (...) questioners to pose any type of query directly to von Glasersfeld and normally expect a rapid reply. He was busy composing considered answers right up to his death in November 2010. Method: My intention is to re-present the liveliness of his explicatory interactions with all types of questioners by selecting eight categories of “Questions & Answers” from the web site. Because the selected contents are so extensive these eight categories will be presented in a series of four articles of which this is the first. Implications: This re-presentation of von Glasersfeld’s ideas offers an easily accessible resource for people of all levels of understanding who are seeking to deepen their appreciation of his work. One can come to appreciate not only the lucidity of his writings but also glean “insights” into the person himself, who can be glimpsed between the lines of these various interactions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rhetorical Circulation in Late CapitalismNeoliberalism and the Overdetermination of Affective EnergyCatherine ChaputIn the world we have known since the nineteenth century, a series of governmental rationalities overlap, lean on each other, challenge each other, and struggle with each other: art of government according to truth, art of government according to the rationality of the sovereign state, and art of government according to the rationality of economic agents, and (...) more generally, according to the rationality of the governed themselves. And it is all these different arts of government, all these different types of ways of calculating, rationalizing, and regulating the art of government which, overlapping with each other, broadly speaking constitute the object of political debate.Michel Foucault, The Birth of BiopoliticsCritical rhetoricians interested in the power dynamics between rhetoric and capitalism have established for themselves the ambitious task of explaining how multiple, intertwined rationalities govern individual and collective [End Page 1] behavior in relationship to the ever-shifting logics of capitalism. Approaches to this complicated directive frequently envision rhetoric as a mediating force among agentive subjects who act within well-defined political economic landscapes. Wedded to a political-communicative model wherein appropriate rhetorical choices persuade those with authority to distribute disputed political and economic rights, rhetorical theory becomes a sophisticated handbook for discovering topoi and executing decorous statements. This focus, according to Ronald Walter Greene, results in a "permanent anxiety over the meaning and potential of rhetorical agency" that positions rhetoricians as "moral entrepreneurs scolding, correcting, and encouraging the body politic" (2004, 188, 189). Committing themselves to endless debates about correct responses in situated spaces, rhetorical theories that underscore agency lose site of the world in flux and of our participation in that world's unpredictable unfoldings. Alternatively, Greene suggests rethinking rhetorical theory through a materialist-communicative model wherein the immaterial labor of communication produces value. Conceptualizing discursive practices as a form of labor rather than a form of political signification sidesteps anxiety about well-chosen language and emphasizes the life-affirming activity involved in deciphering issues, inventing paths through those issues, and communicating new ideas to others. In short, Greene's materialist model challenges critical rhetoricians to end their perennial search for a discursive key to the storehouse of political economic goods (a practice propelled by liberal democratic hopes) so that they can begin to invent analyses and modes of production better suited to the contours of contemporary neoliberalism.Unlike liberalism's clearly assigned spaces for public life and private life or work time and leisure time, neoliberal spaces bear few obvious markers. The neoliberal landscape consists of blurred boundaries that fold into one another: information flows almost instantaneously, commodities and people transgress national boundaries, time accelerates, space collapses, and distinctions between such classic demarcations as agent and subject or politics and economics erode. Facilitated by dramatic changes in our sociopolitical boundaries, economic neoliberalism, what James Arnt Aune calls "economic correctness" (2001), reigns throughout vast uneven terrains opened up from the imploded borders of our liberal world. While economics does indeed rule the neoliberal landscape, it does not do so according to uncompromising rationalism. Political and cultural practices flowing into the previously segregated spaces of economics enable market rule through logics that operate entirely outside the rational-irrational divide. Economic neoliberalism moves from situation to situation, disregarding spatial boundaries between the political, economic, [End Page 2] and cultural realms as well as their attendant modes of persuasion, wearing away at the rhetorical linkages between appropriate discursive choices and agentive power.Regardless of the particularities of neoliberalism's spaces, structures, and governing practices, many rhetoricians continue to mediate among different worldviews based on outmoded liberal gauges. Some rhetorical theorists, for instance, maintain that the problematics of neoliberalism result from an imbalance between reason and passion. Even though the most ardent supporters of neoliberal practices hold firmly to a belief in its scientific rationality, rhetorical theorists often argue that passion overpowers reason in neoliberal discourse. The rhetorical form that sustains this disequilibrium is, according to Bradford Vivian, neoliberal epideictic. Based on an impassioned identification, epideictic texts "unite an otherwise fractured citizenry in a dynamic affective experience" (Vivian 2006, 15). Epideictic rhetoric functions didactically to unite the public... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:What inspires action in Global Health?Daniel Palazuelos"Why do all of you want to go to the middle of nowhere and take care of the sickest people even though you won't have half the tools necessary to make the slightest difference?" he asks.I'm sitting in the Intensive Care Unit workroom enjoying one of those rare, calm moments during residency when this question suddenly breaks my peace. A co-resident, my (...) friend from Latin America, makes this inquiry without even looking up, as he clicks nonchalantly through some Internet pages. I look at him and try to understand him within his context; he was born and raised in [End Page E6] what is traditionally considered a "resource-poor setting," but through talent, hard work, luck and privilege he was accepted into one of the best residency programs in one of the best U.S. hospitals. Unprepared, I give some anemic responses about social responsibility and global citizenship.He looks at his screen and clicks on a couple of links. Suddenly, he turns to me and exclaims, "I get it! You guys are going because then you can put your PWAB on your CV!" I give him a blank look.He stands and goes over to the dry erase board to write: "PWAB—Picture With an African Baby."I'm amused for a moment, and then suddenly hurt. What does this mean? Is he questioning our intentions, our moral resolve? I look over to his computer and see that he's been flipping through the "Global Health Residency" pages of all the local residency programs, or the Facebook pages of colleagues who have recently returned from work abroad. My hurt morphs into incredulity—all the pages have a picture of a beaming, healthy doctor holding a beautiful, newly happy, previously sick, African baby. And then, the code bell goes off, and the admissions start. Reflection time is over.Years later, now that I have become a junior faculty member within the same residency program, I divide my year between global health projects in rural Mexico and Guatemala, the classrooms of a U.S. medical school, and the patient rooms of a teaching hospital. The number of undergraduate and medical students who approach me because they want advice about how to work in global health is staggering; their emails fill my inbox and their faces grace my office hours. External observers have even compared the unprecedented rise of this type of interest to "a veritable tsunami," and we often take for granted that this is because the field is "inspiring" (Mallampati & Heintz, 201, p. 22). We still don't know, however, what all this inspiration becomes once it touches down on-site. For many students, the experience with talented mentors on-site opens up for them a life-long career that aims to address the greatest challenges of our day. The PWAB, however, implies that for an important number of other students, global health is becoming a social capital commodity: an edu-vacation, something to make your mother proud, win a mate, maybe even just another mandatory rotation needed to spice up the application for a career in a highly competitive subspecialty.If students are the future of this field, then the way that global health educators like myself manage this issue may ultimately determine the objectives and scope of countless potential projects hoping to help the billions of people barely surviving abject poverty. I have a career in global health that is more than a hobby because of the clear vision and strong leadership of my mentors and our university (Farmer, 2011). When I was hired as faculty, they worked with me to find the right full-time equivalent (FTE) split so that I could both make a living as an attending, and also still have time to teach, think, research, and manage a project abroad pro bono. But it's from this point that my question begins: once the students are inspired, and the investment made, what inspires good, sustained, pragmatic action in global health?A big part of the answer to this question will depend on how we define global health. Global health is growing, but... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:1. IntroductionThe scientific efforts of Jesuits were the hot topics of the history of science. It was said that you could find a Jesuit behind most of the scientific accomplishments of the seventeenth or eighteenth centuries. The idea was not far from the truth because Athanasius Kircher of Rudjer Josip Bošković proved to be among the best. But Jesuit studies seem to have passed their peak and it (...) is time to research the early modern science successes of other religious orders. The Parisian Franciscan Marin Mersenne with his worldwide correspondence was the German-Roman Jesuit Kircher’s match and several other Franciscans were not less important. Therefore it is time to give the Franciscan scientists of the past centuries the fame they deserve.We celebrated the 800th anniversary of the Franciscan order in the year 2009. The Franciscans of Ljubljana were mentioned for the first time in 1242 as already established and resident in Ljubljana, soon after the establishment of Franciscan order. Later they were unable to survive the protestant challenge in 1569,1 when almost all citizens of Ljubljana accepted Luther’s Christianity. Although they never really left Ljubljana, the Franciscans officially returned to Ljubljana after several decades.Between the years 1646 and 1660 the Augustinian church of Annunciation of Our Lady was erected on behalf of the Baron Konrad Ruessenstein from the Upper Carniola castle Strmol. The front walls were finished in 1700, and half of a century later the famous Italian sculptor Francesco Robba made the main altar. The Emperor Josef II suppressed the Ljubljana Augustinians in 1784 and somewhat later gave their friary and church to their Franciscan neighbors from the opposite side of Ljubljanica River. The Barons Ruessensteins were not offended by the change and still took care for the church. The Baron Alexis Ruessenstein gave his important alchemical manuscripts to the new friary owners, the Franciscans.2After the death of the Emperor Josef II, Gabriel Gruber’s best student Jožef Marija Šemerl redesigned a former Franciscan Friary for a Lyceum. Gruber, who later became the General of the Jesuit Order, was among the best engineers in Habsburg Monarchy. The church of the Assumption of Our Lady was removed and leveled.3 After the earthquake Ljubljana got the market place in the former site of the Lyceum.The church of Annunciation of Our Lady or simply the Franciscan Church remains one of the most typical sightseeing posts in Ljubljana, even if the name of the square in front of it passed from Mary to France Prešeren, the greatest Slovenian poet, in the time of Communist regime in 1949.Click for larger viewFigure 1. The first page of the index of the copy of alchemistic manuscript of Alexis Baron Ruessenstein’s, the son of Konrad Baron Ruessenstein from the castle Strmol, Ruessenstein, ibid. FSLJ-29 F 54, 234–35 .Click for larger viewFigure 2. Alexis baron Ruessenstein about the Quicksilver in the copy of his original handwriting kept in Ljubljana Franciscan Library .Škerpin’s booksThe Ljubljana Franciscan Library was established in 1233.4 Žiga Škerpin renewed the Franciscan Library which was located on the right side of the Ljubljanica River during his lifetime. He was the provincial of Croatian-Carniolan province between the years 1732–1735 and again between the years 1745–1748. He became the court’s secret advisor,5 and acting general definitor of all Franciscans. During his numerous foreign travels, including Italy and Spain, he collected books. Between the years 1733–1746 Škerpin brought to Ljubljana no less than 1668 titles of.. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 22 (2002) 207-208 [Access article in PDF] Society Cosponsors International Conference in Chiang Mai, Thailand Payap University and Payap University's Institute for the Study of Religion and Culture will be sponsoring a week-long International Academic Conference on "Religion and Globalization in Chiang Mai, Thailand" beginning the last week of July 2003. The conference is being cosponsored by the American Society for Buddhist-Christian Studies. Ruben Habito, vice-president (...) of the Society, is serving as a member of the planning committee and as the liaison between Payap University and the Society. Other members of the planning committee include Donald Swearer, Michael von Brueck, David Chappell, Wolfgang Schmidt, Parichart Suwanbubbha, Saeng Chandrangam, and John Butt. It is hoped that a large contingent of members of the American Society for Buddhist-Christian Studies will participate in the conference both by submitting academic papers and by attending.Other cosponsoring organizations include the International Network of Engaged Buddhists, the Museum of World Religions based in Taiwan, the International Buddhist-Christian Theological Encounter, the Church of Christ in Thailand (CCT), and a number of other academic and religious organizations from around the world and within Thailand.The conference will be held on the main Payap University campus beginning with dinner on Sunday evening, July 27. It will end with lunch on Saturday, August 2, 2003. Lodging will be provided at the four-star Amari Rincome Hotel located near the Payap campus. Following the conference, Payap is arranging for several optional post-conference excursions to important religious and historical sites in Thailand and neighboring countries for those wishing to extend their stay in Southeast Asia.The overall theme of the conference is "Religion and Globalization". Plenary speeches, academic papers, discussions, and workshops will be organized around three broad themes:Religious Diversity and Interfaith Relations in a Global Age This section will include topics concerning religious pluralism, missions, religious conflict and reconciliation, and religious dialogue.Religion and a Global Society This section will focus on specific topics related to issues of social and economic justice, such as the relation between religion and human rights, structural violence, gender, tourism, prostitution, HIV/AIDS, the natural environment, media, technology, arts, and culture. [End Page 207]Religious Reform and Reformulation for a Global Age This section will focus on the reformulation of religious teachings and doctrines as well as on reforms of religious rituals, practices, and institutions in relationship to globalization.Several reasons make Thailand an appropriate and attractive site for this conference. Thailand has the largest percentage of Buddhists of any country in the world. It also has significant Islamic, Christian, and Hindu minorities. Animistic beliefs and practices underlie the religious faith of most of the Thai people. Over the past century and especially during the past several decades the country and the region have experienced rapid and profound changes as a result of modernization and globalization. For all these reasons Chiang Mai presents an excellent venue for examining how the Theravada Buddhist tradition and other major religious traditions are affecting and being affected by globalization. In addition, the Chiang Mai area has been an important "crossroads" for various religious and cultural movements since the beginning of the Common Era. For over 2,000 years Thailand has been both a receiver and a sender of religious missions. Thus, Chiang Mai provides a superb locale for critically reexamining religious missions and interfaith relations.The complete cost for the seven-day conference (including all meals, lodging, local transportation, site visits, entertainment, and conference registration) will be $575 (U.S.). International air travel to Chiang Mai will be additional. But based on current fares, travel from the North America to Chiang Mai should be no more than between $800 and $1,200 (U.S.). The exact international travel cost will depend on the carrier and the place of origin. Optional post-conference excursions will involve some additional expense and will vary depending on the destination and length of the excursion.Details regarding procedure for registration and submitting papers, lodgings, the conference schedule, optional post-conference excursions, and travel... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:“Violence Is Not an Evil”Ambiguity and Violence in Simone de Beauvoir’s Early Philosophical WritingsAnn V. MurphyThe recent translation and compilation of several of Simone de Beauvoir’s philosophical essays from the 1940s shed new light on Beauvoir’s understanding of the relationship between ethics and violence. While these essays predate the publication of The Second Sex (1949) and do not concern themselves with the subject of feminism per se, Beauvoir’s (...) philosophy of violence as it is outlined in both “Pyrrhus and Cineas” (1944) and “An Eye for an Eye” (1948) speaks to one of the more thoroughgoing concerns in contemporary feminist philosophy; namely, the nature of the relation between corporeal vulnerability, violence, and ethics. Together with The Ethics of Ambiguity (1948), these early essays probe the difficulties in moving from an ontology in which violence appears to be inexorable to the terrain of ethical prescription. This essay urges recognition of the continuing relevance of Beauvoir’s philosophy in relation to the renaissance of interest in the theme of vulnerability in contemporary feminist theory. I argue that Beauvoir’s philosophy provides one of the most sophisticated accounts to date of the ethical problems posed by the experiential ambiguities of violence, and that her legacy in this regard is as important and redemptive as ever. More precisely, I read Beauvoir’s early conception of ambiguity as the philosophical predecessor to contemporary deconstructive accounts of corporeal vulnerability.Discourse on the body has governed the evolution of feminist philosophy. Recently, however, the nature of the body under investigation has changed. Whereas previously the critique of the nature/culture distinction dominated [End Page 29] feminist debates regarding the social construction of sex and gender, recent feminist work has consolidated around another conceptual pairing; namely, vulnerability and aggression. In reference to Beauvoir’s philosophical corpus, this recent development is interesting. Her magnum opus, The Second Sex, has attracted more attention because of its centrality in the debates over the social construction of sex and gender, a debate that has dominated feminist philosophy for the last several decades. Indeed, many laud this text for being ahead of its time with regard to the acknowledgement that “one is not born a woman,” but rather becomes one. This essay argues that Beauvoir’s early texts are similarly prescient with regard to the current preoccupation with the philosophical themes of violence and vulnerability. By tracing the development of Beauvoir’s idea of ambiguity, I argue that her conception of the body as the site of both aggression and vulnerability both anticipates and continues to productively address the problem of how one moves from a descriptive ontology to the terrain of ethics. This is a movement that Beauvoir arguably theorized more rigorously than either Maurice Merleau-Ponty or Jean-Paul Sartre, neither of whom published such sustained philosophical work on ethics in his lifetime.1I. Ambiguity in Beauvoir’s Early WorkIn The Ethics of Ambiguity, Beauvoir’s reflections on ethics come from a resolutely secular, existentialist perspective. Beauvoir—like her contemporaries in French existential phenomenology—understood human existence to be essentially marked by failure. Importantly, this failure is not vicious; rather, it is the consequence of the fact that human freedom can only ever be determined in scenes of constraint. Despite her resistance to the universal aspirations of Kant’s ethics, Beauvoir’s understanding of subjectivity as failure is consonant with the Kantian rendering of the ethical agent as a being for whom reason does not infallibly determine the will; indeed, an agent for whom reason is necessarily undone by certain inclinations and contingencies.2 For Kant, it made no sense to speak of the will unless one was referring to a being that had the capacity to act in accord with reason but did not infallibly manage to do so. Hence, ethics is an issue for us precisely to the degree that we are capable of failure. In this sense, ambiguity and failure mark the human condition and our distance from the divine. Only a being whose existence is marked by this inadequacy would ponder right and wrong, would debate the nature of ethical atrocity and recovery, and would anguish over the... (shrink)

As the National Information Infra- structure develops new avenues for information products and services will open. Creating, identifying and protecting the information market space is a critical component to the success of information product and service developments. As a result, the producers of those products and service seek to protect their proprietary interest in the underlying information. However, these actions have broader consequences: Attempts to extend legal protection to basic facts and other public domain information demonstrate that the public (...) information space is slowly being reduced. Reviewing several information controversies as case studies is fruitful. Not only for assessing current trends in information disputes (warfare) but can form the basis for establishing several predictors useful in determining when future information ownership controversies may develop and result in the loss of public information space. One set of predictors helps define the information controversy and is descriptive. The second set of predictors characterizes the marketplace environment. It provides further nuance to the economic factors that force information owners to seek legal remedy. Identifying instances where both models suggest a change in information rights or ownership is most likely to result in the critical loss of access to public information space. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Environment 8.1 (2003) 61-73 [Access article in PDF] Free Words to Free ManifestaSome Experiments in Art as Gift Sal Randolph Free Words It began this way. Standing nervously in a bookstore, in front of the section on literary theory, hidden from the eyes of the staff, I reached my hand into my bag like a thief and pulled out a hot pink book. I looked (...) up and down the aisle. No one was watching. O.K., now. I slipped it into the shelf among the F's (file under Free) and it was done.So I began my career as in infiltrator of public spaces, a thief not of books but of shelf space, of access. A bypasser of gateways, permissions, and procedures.The book was called Free Words, and was an art project of mine. Its content was a list of 13,000 words I had collected over ten years. I had uncopyrighted the text, placing it in the public domain (no rights reserved), and labeled the book as free. No price tag, no barcode, no ISBN. The back cover said only "this book belongs to whoever finds it." I had printed 1,000 copies of it, and the idea was to create a kind of situation.Someone who came across the book would have to decide what it was and who really owned it. If they wanted it, they would have to decide whether to walk out with it like a shoplifter, or whether to negotiate something [End Page 61] with the sales clerk. Bookstores would have to either purge the book or harbor it. There was a brief explanation and a web address at the back of the book, and if anyone made it to the site there was an invitation to become a distributor of the book, to join in the process of placing it in bookstores and libraries.I spent a few months like that as 2001 came to a close: October, November, December; walking through a New York stunned by September 11, developing the habit of nonobedience. 1 This was the time when the media was telling us to shop, when we were being told to agree,as if agreement and shopping were the definition and extent of our citizenship.At first I was nervous, afraid of being stopped, but after a couple hundred books I relaxed. I was never questioned. The more I did it, the more the commercial space of the city seemed like public space, my space. The city, recovering month by month, felt more like an ecology—a human social ecology, intricate and interdependent. There were more ways of living within it and participating in it than I had supposed.One of the questions raised by cities is who we are in them. How do we find ourselves as individuals, as agents? What kinds of citizenship are possible? Something about this project changed my relationship to the city from being a passive inhabitant of its structures, both social and architectural, to being more active, as I began to feel free to engage those structures more playfully, and to create new structures.As the winter deepened, the Free Words project began to develop in a surprising way. On the website I invited people to become volunteer distributors of the book. I expected that a small number of people would find their way from the book to the website and an even smaller number of those might become distributors. What happened was something quite different: a few people did find the book and the website, but they weren't all interested in simply becoming distributors themselves. Some of them told the story of Free Words on various online forums, journals, and blogs, passing it on through their internet communities. Dozens of people who had never seen a copy of the book found their way to the site, and I began shipping batches of books to volunteers all over the country and the world. I printed more, and then more again.For me the project became like a kind of... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Environment 8.1 (2003) 61-73 [Access article in PDF] Free Words to Free ManifestaSome Experiments in Art as Gift Sal Randolph Free Words It began this way. Standing nervously in a bookstore, in front of the section on literary theory, hidden from the eyes of the staff, I reached my hand into my bag like a thief and pulled out a hot pink book. I looked (...) up and down the aisle. No one was watching. O.K., now. I slipped it into the shelf among the F's (file under Free) and it was done.So I began my career as in infiltrator of public spaces, a thief not of books but of shelf space, of access. A bypasser of gateways, permissions, and procedures.The book was called Free Words, and was an art project of mine. Its content was a list of 13,000 words I had collected over ten years. I had uncopyrighted the text, placing it in the public domain (no rights reserved), and labeled the book as free. No price tag, no barcode, no ISBN. The back cover said only "this book belongs to whoever finds it." I had printed 1,000 copies of it, and the idea was to create a kind of situation.Someone who came across the book would have to decide what it was and who really owned it. If they wanted it, they would have to decide whether to walk out with it like a shoplifter, or whether to negotiate something [End Page 61] with the sales clerk. Bookstores would have to either purge the book or harbor it. There was a brief explanation and a web address at the back of the book, and if anyone made it to the site there was an invitation to become a distributor of the book, to join in the process of placing it in bookstores and libraries.I spent a few months like that as 2001 came to a close: October, November, December; walking through a New York stunned by September 11, developing the habit of nonobedience. 1 This was the time when the media was telling us to shop, when we were being told to agree,as if agreement and shopping were the definition and extent of our citizenship.At first I was nervous, afraid of being stopped, but after a couple hundred books I relaxed. I was never questioned. The more I did it, the more the commercial space of the city seemed like public space, my space. The city, recovering month by month, felt more like an ecology—a human social ecology, intricate and interdependent. There were more ways of living within it and participating in it than I had supposed.One of the questions raised by cities is who we are in them. How do we find ourselves as individuals, as agents? What kinds of citizenship are possible? Something about this project changed my relationship to the city from being a passive inhabitant of its structures, both social and architectural, to being more active, as I began to feel free to engage those structures more playfully, and to create new structures.As the winter deepened, the Free Words project began to develop in a surprising way. On the website I invited people to become volunteer distributors of the book. I expected that a small number of people would find their way from the book to the website and an even smaller number of those might become distributors. What happened was something quite different: a few people did find the book and the website, but they weren't all interested in simply becoming distributors themselves. Some of them told the story of Free Words on various online forums, journals, and blogs, passing it on through their internet communities. Dozens of people who had never seen a copy of the book found their way to the site, and I began shipping batches of books to volunteers all over the country and the world. I printed more, and then more again.For me the project became like a kind of... (shrink)

ExtractPolitical liberals very often appeal to a so-called division of moral labour that separates the regulation of institutions from that of personal conduct. Probably the most famous statement of this idea is found in these remarks from John Rawls: The principles of justice for institutions must not be confused with the principles which apply to individuals and their actions in particular circumstances. These two kinds of principles apply to different subjects and must be discussed separately., p. 47) Kok-Chor Tan's excellent (...) new book renews and extends the case for accepting some version of Rawls's view, which Tan calls the ‘institutional focus’ in distributive justice. If Tan is right, then the liberal focus on institutions is not only defensible in its own right, but also helps support further elements of egalitarian theorizing, including some that Rawlsians often reject. In particular, Tan believes that a focus on institutions helps secure a more plausible ‘luck egalitarian’ approach to distributive justice, and that it also supports a version of cosmopolitanism about global justice.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Kok-Chor Tan, Justice, Institutions, and Luck: The Site, Ground, and Scope of Equality, pp. ix + 208.Volume 25, Issue 1DANIEL HALLIDAY DOI: https://doi.org/10.1017/S0953820812000520Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Kok-Chor Tan, Justice, Institutions, and Luck: The Site, Ground, and Scope of Equality, pp. ix + 208.Volume 25, Issue 1DANIEL HALLIDAY DOI: https://doi.org/10.1017/S0953820812000520Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Kok-Chor Tan, Justice, Institutions, and Luck: The Site, Ground, and Scope of Equality, pp. ix + 208.Volume 25, Issue 1DANIEL HALLIDAY DOI: https://doi.org/10.1017/S0953820812000520Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 23 (2003) 141-142 [Access article in PDF] The Seventh International Buddhist-Christian Conference in Los Angeles, California Ruben L. F. Habito Perkins School of Theology Call for Proposals: Working Groups, Full Panels, and Individual Papers The Society for Buddhist-Christian Studies has appointed a program committee to prepare for the Seventh International Buddhist-Christian Conference, to be held at the Loyola Marymount University campus, Los Angeles, California, from August (...) 6-10, 2004. The overall theme will be "Hear the Cries of the World: Buddhism and Christianity in Dialogue toward Global Healing."The program committee welcomes proposals for:Working Groups, scheduled to meet in three successive morning sessions for two hours each, addressing a specific theme or issue, with one or two coordinators and five or more core-group members.Full panels, to be presented in one two-hour session, on a specific theme, with a moderator, three to four speakers, and one or two respondents.Individual papers on a specific topic related to an issue or issues in Buddhist-Christian dialogue.Proposals for working groups on themes such as Religion and Ecology, Human Rights and Social Justice,Women and Religion, Toward a Global Ethic, Practice across Traditions, Catholic-Buddhist Relations, Religious Responses toViolence, Religion and Globalization, or other relevant themes are welcomed. Working-group proposals should include the title or theme of the working group, a short 200- to 300-word description of the goal(s) of the working group, and the names and contact addresses (including phone, fax, and e-mail) of the coordinator(s) and at least five other core-group members.Proposals for full panels addressing specific themes, including issues in doctrine and theory, ritual, religious practice, methodology, and others, are encouraged. Full-panel [End Page 141] proposals should include the title of the panel, a short 100- to 200-word description of the theme and intent of the panel, and the names and contact addresses of the moderator, three or four panel members, and respondent(s).Individual paper proposals on various themes, including doctrinal, ritual, practical, ethical, and other issues relevant to Buddhist-Christian dialogue are also encouraged.In addition to the working groups, panels, and individual paper sessions, there will be opportunities for participation in various forms of meditative practice and/or ritual in the morning before breakfast and early evening before dinner, to be led by spiritual leaders and teachers of various Buddhist and Christian traditions.Further, with Los Angeles being known as one of the most religiously diverse cities in the world, there will be opportunities to visit religious sites in the area and to meet with leaders and members of different Buddhist and Christian communities.The conference will feature four evening plenary sessions with invited speakers on the following themes:Voices of America: Healing a Wounded Nation Jan Chozen Bays Roshi; others TBAVoices from Behind Bars: The Forgotten Population Fleet Maull, Zen Peacemaker Order; others TBAVoices from Asia:The Struggle forLiberation andHumanization Speakers; TBAThe Politics of Compassion: We the People Can Make a Difference Diana Winston, Buddhist Alliance for Social Engagement; others TBAProposals should be sent preferably by e-mail to [email protected], with a copy to [email protected], or by postal mail c/o Prof. Ruben Habito, Perkins School of Theology, Southern Methodist University, Dallas, TX 75225, USA. Deadline for submission of proposals is set at January 31, 2004, but early submissions are encouraged.Lodging and meals will be available at the Loyola Marymount University campus as well as at area hotels in Los Angeles. Registration fees and costs for lodging and meals for those staying on campus will be announced at a later date.... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 23 (2003) 141-142 [Access article in PDF] The Seventh International Buddhist-Christian Conference in Los Angeles, California Ruben L. F. Habito Perkins School of Theology Call for Proposals: Working Groups, Full Panels, and Individual Papers The Society for Buddhist-Christian Studies has appointed a program committee to prepare for the Seventh International Buddhist-Christian Conference, to be held at the Loyola Marymount University campus, Los Angeles, California, from August (...) 6-10, 2004. The overall theme will be "Hear the Cries of the World: Buddhism and Christianity in Dialogue toward Global Healing."The program committee welcomes proposals for:Working Groups, scheduled to meet in three successive morning sessions for two hours each, addressing a specific theme or issue, with one or two coordinators and five or more core-group members.Full panels, to be presented in one two-hour session, on a specific theme, with a moderator, three to four speakers, and one or two respondents.Individual papers on a specific topic related to an issue or issues in Buddhist-Christian dialogue.Proposals for working groups on themes such as Religion and Ecology, Human Rights and Social Justice,Women and Religion, Toward a Global Ethic, Practice across Traditions, Catholic-Buddhist Relations, Religious Responses toViolence, Religion and Globalization, or other relevant themes are welcomed. Working-group proposals should include the title or theme of the working group, a short 200- to 300-word description of the goal(s) of the working group, and the names and contact addresses (including phone, fax, and e-mail) of the coordinator(s) and at least five other core-group members.Proposals for full panels addressing specific themes, including issues in doctrine and theory, ritual, religious practice, methodology, and others, are encouraged. Full-panel [End Page 141] proposals should include the title of the panel, a short 100- to 200-word description of the theme and intent of the panel, and the names and contact addresses of the moderator, three or four panel members, and respondent(s).Individual paper proposals on various themes, including doctrinal, ritual, practical, ethical, and other issues relevant to Buddhist-Christian dialogue are also encouraged.In addition to the working groups, panels, and individual paper sessions, there will be opportunities for participation in various forms of meditative practice and/or ritual in the morning before breakfast and early evening before dinner, to be led by spiritual leaders and teachers of various Buddhist and Christian traditions.Further, with Los Angeles being known as one of the most religiously diverse cities in the world, there will be opportunities to visit religious sites in the area and to meet with leaders and members of different Buddhist and Christian communities.The conference will feature four evening plenary sessions with invited speakers on the following themes:Voices of America: Healing a Wounded Nation Jan Chozen Bays Roshi; others TBAVoices from Behind Bars: The Forgotten Population Fleet Maull, Zen Peacemaker Order; others TBAVoices from Asia:The Struggle forLiberation andHumanization Speakers; TBAThe Politics of Compassion: We the People Can Make a Difference Diana Winston, Buddhist Alliance for Social Engagement; others TBAProposals should be sent preferably by e-mail to [email protected], with a copy to [email protected], or by postal mail c/o Prof. Ruben Habito, Perkins School of Theology, Southern Methodist University, Dallas, TX 75225, USA. Deadline for submission of proposals is set at January 31, 2004, but early submissions are encouraged.Lodging and meals will be available at the Loyola Marymount University campus as well as at area hotels in Los Angeles. Registration fees and costs for lodging and meals for those staying on campus will be announced at a later date.... (shrink)

continent. 1.4 (2011): 253—278. A Sense of French Politics Politics itself is not the exercise of power or struggle for power. Politics is first of all the configuration of a space as political, the framing of a specific sphere of experience, the setting of objects posed as "common" and of subjects to whom the capacity is recognized to designate these objects and discuss about them.(1) On April 14, 2011, France implemented its controversial ban of the niqab and burqa , commonly (...) referred to as the Islamic veil, in public places. On the coattails of the 2004 prohibition of religious artifacts, including the less concealing hijab or Islamic headscarves, in schools, the veil ban sparked equal outrage across both political and theological spectra, and many on both sides of the debate were quick to inquire about enforcement. As Steven Erlanger reports, “The police do not have the authority under the law to remove full veils, only to fine or require citizenship lessons for those who violate the new law.”(2) While the legal and social implications of this interdiction are ripe for study, the reprisals for breaking the law, notably compulsory citizenship classes, illuminate the strategic governmentality underlying the French government's targeting of the Muslim community, particularly those elements it considers affiliated with fundamentalist factions and/or terrorist organizations, if only through fashion—an integral component of French citizenship. Indeed, in allowing the (fashion) police to mandate instructional courses in citizenship for offenders, France implies that any Muslim choosing to wear the niqab or burqa , perhaps even for those who are already citizens, must not be aware of the subtle nuances of dress indicative of the French citizenry within public space. Furthermore, the degree of instruction requisite to citizenship, which clearly can and must be updated as the state sees fit, cements the imagined relation between citizens and states within the discourses on the veil ban. As Sharma contends, “Concepts of citizenship are the ideological glue that bonds the nation to the state. Citizenship provides the legal framework through which the state performs its role as ruler for the nation.”(3) Speaking for/as the state, French President Nicolas Sarkozy declared in a 2009 presentation before members of the government and other citizens that the burqa “is not welcome on the territory of France.”(4) Although there is nothing unique, especially recently, about a nation-state taking extreme measures to guard itself against what it deems to be threats to its sovereignty, the way in which the ongoing discourses on hijab have (d)evolved, which coincide with recent pronouncements by governmental leaders in Germany, Britain, and France that policies of multiculturalism have “failed,”(5) points toward nationalist reterritorializations, which is also to say physical and ideological re-appropriations, of public space within democratic milieux, which remain predicated upon the mediation of spaces. As Panagia deduces from Rancière, “Democracy […] is not an institutional form of government […], but an appearance whose visibilities and audibilites arise out of the dissonant blur of the everyday.”(6) Ultimately, the veil ban represents a calculated move to regulate the every day, which is to say the micropolitics of, that which is visible and invisible within French society, which makes it nothing short of a struggle to manage (the sensation of) bodies. Re-situating the political within the context of sense, Rancière argues that the fundamental essence of politics lies within the distinction between consensus and dissensus , and whereas most consider politics proper as fundamentally concerned with the fluid operations of the state— consensus , Rancière actually locates the political within events that disrupt the normative sensory order of things— dissensus . He explains, “Politics revolves around what is seen and what can be said about it, around who has the ability to see and the talent to speak, around the properties of spaces and the possibilities of time.”(7) This reformulation of politics centers on agency and, albeit perhaps unintended, representationality and offers a useful formulation for spatializing the discourses surrounding the Islamic veil, which are mired within seemingly senseless policies and practices of objectification. Instituting a normative “regime of visibility,” the French veil ban encapsulates the political economy of agency, now both mediated and representational, under the rule of nationalist governmentalities in increasingly transnational contexts.(8) Adjudicating presence within public space signals a concern with the sensory aspects of agency itself—what Rancière terms the “distribution of the sensible,” which is “a matrix that defines a set of relations between sense and sense: that is, between a form of sensory experience and an interpretation which makes sense of it.”(9) To be concerned with sense is to focus upon the body, and this somatic repositioning of the (fashionable) citizen within the territory of the state augurs the resurgence of nationalist bio-politics within Europe, since, as Hage explicates, “Nationalism, before being an explicit practice or a mode of classification, is a state of the body. It is a way of imagining one's position within the nation and what one can aspire to as a national.”(10) The French government's attempt to make (bodily) sense of public space for its citizens by and through policies aimed against a burqa-clad Muslim minority, which might only apply to “less then 400 to fewer than 2,000” women(11), reveals the necessary, yet mercurial, transmutation of public space into national space through bio-political strategies of sense-making, which, as Hage observes, denotes that “nationalists perceive themselves as spatial managers.”(12) At the center of this concern over public space is the equally contentious dimension of governing female Islamic identity, which has become one of the main critiques levied against Islam from outsiders who view the veil in its various forms as a clear sign of the religion's actual and symbolic violence against women, even if such critiques remain ensconced within nationalist discourses. As Halim and Meyers argue, “Although Western news media may focus their coverage of Muslim women on the debate over whether and the extent to which the veil may by oppressive to the women who wear it, they have exhibited little interest in the physical oppression of violence against women in Islamic countries.”(13) While it falls outside of the scope of this analysis to arbitrate all of the dimensions of this debate, understanding some of the issues related to female identity and hijab within public space are crucial to this study. As these topics are extraordinarily complex, even and perhaps especially within the Muslim community, it is necessary to provide some context concerning the value, purpose, and meaning of the Islamic veil, which has a rich and arduous history. The Art of the Veil At present, there are only two countries, Iran and Saudi Arabia, that require women to wear hijab , which is a decidedly problematic term and concept whose locus is itself caught within a struggle of sensation. Noting the strategic reterritorialization of the term, Berger explains: The choice of the name, hijab , now widely adopted to designate the “Islamic veil,” it itself interesting, although the semantic shift it operates is not directly commented upon by its users. Although the design (both the cut and the symbolic function) of the hijab and the Iranian chador are indeed the same, as opposed, for instance, to the traditional Algerian haik , the word hijab has come to replace the term chador popularized by the Iranian revolution, as a properly Arabic (hence Koranic) designation. This discursive shift points to the successful reclaiming of the national revolution in Iran by a transnational pan-Islamic movement, whose language of reference can only be Koranic Arabic.(14) While the hijab is certainly a point of contention within various countries dealing with immigrant Islamic populations (of which France has the largest in Europe as part of its colonial legacy in Algeria), it is clear that the veil is a historically contextualized artifact of Muslim identity with a variety of manifestations, even as forces outside of and within Islam seek to codify its actual and symbolic value. Ultimately, the varieties of hijab , including the full-faced burqa and niqab , are complex assemblages of meaning that speak to the multitudinous flows of Islamic identities over time and space. As Gökariksel and McLarney observe, “Wearing a certain style of veil may simultaneously be a disciplinary practice crucial to the cultivation of piety (Mahmood 2005; Gokariksel 2009) and a gendered performance of social distinction in terms of class, taste, and urbanity (White 1999; Navaro-Yashin 2002; Gokariksel and Secor 2009) or of ethnicity and race (Dwyer 1999).”(15) The ideological marketplace from which the varieties of hijab ebb and flow serves both as a reflection of the ever-present materiality and dynamic functionality of spiritual economies, which are derivative of the equally ubiquitous flows of transnational capital driving agency and representationality within our historical moment. Keeping these dual, yet deeply interconnected, capital ecologies as the site of exploration for how the veil is represented within public space, one might begin to sense what lurks behind such veiled agendas. Examining the symbolic and representational nature of the Islamic “veil” in its various forms, this project situates the decidedly political contestations of public space at stake in the French ban alongside recent condemnations of multiculturalism as calculated efforts to re-distribute the sensible so as to valorize national identity within increasingly transnational and globalized socio-economic spaces, which collapse exchange values between distinct, yet interwoven, economies of (cultural/material/spiritual) capital. As the discourses on the veil rely upon representational imag(in)ings, it seems fitting to explore the political economy and art of the veil through the phenomenon of street art, which, much like hijab , is a complex assemblage of meaning of sensation mired in representationality and capital exchange. As street artists have taken up hijab in various forms, the movement offers a lens with which to situate critical responses to the veil debate across both spiritual and material economies. Situating this street art both aesthetically and historically, Lewisohn explains, “'Street art' is a sub-genre of graffiti writing and owes much to its predecessor. Though there is a good deal of crossover between the genres, they are distinct and separate in their own right.”(16) Evolving out of the graffiti explosion of the late 1970's and 1980's, street art broke the unspoken rules of the artistic underground by challenging and re-examining one's sensory experience of art in public space by experimenting with both content and form in ways that harken back to the Situationist International, which as a collective challenged one's experience of urban space through various media and experiential phenomena. Again, Lewisohn observes, “It's important to note street art's break with the tradition of the tag, and its focus on visual symbols that embrace a much wider range of media than graffiti writers would use.”(17) From stencils to prints and murals to one-liners, street artists developed a reputation for critical social and political commentary, and while it is certainly the case that not all street art is intentionally political, in challenging the normative “regime of visibility,” as Rancière puts it, of public space, street artists—even if unconsciously—call into question the common sensory experience of the politics underlying the formation of (nationalist) space.(18) Indeed, Rancière refers to the partisan sensory managers as “police,” who ultimately forge “the rules governing the circulation of appearances, of their visibility and audibility, and the proper distribution of bodies therein.”(19) As such, one can sense that street art's relationship with the police is tenous for a variety of reasons. Writing about his own experience as a street artist, Shepard Fairey observes, “With street art, there's no committee deciding whether I can put my work up on the street, there's no censorship, and I have total freedom of expression, and that concept of freedom is expressed just by using the street as a medium.”(20) As Fairey and other street artists demonstrate, the medium, to paraphrase Marshall McLuhan, is the most glaring aspect of street art's message, and even as it now finds itself in galleries and usurped by private collectors, the ethos of the movement remains relavent to politics as it is, first and foremost, concerned with the configuration and experience of space. Just as examining the punishments for breaking the veil ban can map the terrain of French politics, a representational genealogy of street artist's deployment of hijab and female Muslim identity can assist in mining the depths of public space as a site of bio-political control and contestation in light of recent events in France and the rising tide of anti-multiculturalist rhetoric across Europe, even though the Islamic presence there is radically heterogenous. Using the work of Shepard Fairey, Princess Hijab, br1, and Banksy, this paper sets out to answer a number of key questions concerning the deployment of hijab, and female Islamic identity in particular, within street art as a movement now integral to and critical of the economies of exchange underlying global capitalism, which as a force of influence cannot be underestimated as a driver in the resurgence of nationalist biopolitical governmentalities. Although there exists a litany of artists to choose from, the aforementioned quartet of designers integrate hijab into their work in a seminal and critical fashion, and all have been working with the veil in some way prior to the French ban, which grants some additional context to their usage of it as a symbol in regards to the breakdown of multiculturalism across Europe, even if unconsciously. Although each artist depicts various amalgamations of hijab in their respective corpus, they share common tropes that raise significant questions concerning the veil debate, namely: what are the conditions of possibility for hijab to become a marker of Islamic identity within public space? How can we make sense of the representational topologies within street art's utilization of the hijab and female Islamic identity in light of the French ban? How might these aesthetic imag(in)ings simultaneously inhabit and combat normative discourses concerning hijab , multiculturalism, female Islamic identity, and public space? With these considerations as a backdrop, it is first necessary to outline more fully the hijab as a representative marker of female Islamic identity. The (Veiled) Writing on the Wall

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According to one recent account, in the “preliberal epoch” before the seventeenth century people did not think of individuals “as possessing inalienable rights to anything — much less life, liberty, property, or even the pursuit of happiness.” The statement is not true, but it is excusable. Compared with the flood of writing on the classical rights theories of the early modern period, there has been only a thin trickle of work on medieval ideas concerning individual natural rights, (...) or human rights as we say nowadays, rights inhering in the human person as such. Some modern authors see the seventeenth-century rights theories as a radical departure from ancient and medieval ways of thought; they are content to explain the ideas of Hobbes and Locke and Pufendorf by reference to some aspect of the intellectual, political, or economic life of the seventeenth century itself. C. B. MacPherson, for instance, emphasizing economic factors, inaugurated a minor academic industry when he interpreted Locke's teaching that everyone had a property right in his own person as a reflection of the possessive individualism of early-modern capitalism. (shrink)

Man is a creature with an awareness of existence. One of the most important questions that human beings have been seeking answers to since ancient times is what kind of value they have in terms of being human and what rights and responsibilities they have in relation to this. The term “human rights” is one of the modern concepts that emerged in direct connection with this process of inquiry. The concept of human rights has a political, secular (...) framework of meaning in terms of its development. However, human rights are being discussed in a wide field of meaning, which includes many philosophical, moral, and theological dimensions. In this study, the concept of human rights is analyzed in terms of God-human relationship. The theological framework of human rights in the Qur'ān is drawn on the basis of mīsāq (the covenant) between God and man. As a requirement of the mīsāq, Allah has entrusted man with a trust, appointed him as a caliph and honored him with it. The nature of this honor is the duty to make Godʾs laws prevail on earth, and for this purpose, the earth has been given to manʾs service. After man has taken his place on the stage of existence in this way, manʾs rights have two dimensions. The first is the rights that human beings have in the worldly-social context in terms of being human. The concept of human rights, as conceptualized by Western societies, is directly related to this dimension. In the second dimension, human rights have a religious-spiritual content as the rights that arise when the relationship/obligation of man with God is in question. These rights, which can also be expressed as the theological dimension of human rights debates, are rights related to the divine commandment. From a religious and spiritual point of view, human rights are related to having knowledge about the matters that one is obliged to do, being able to do them (istiṭāat), acting with free will, and being rewarded and punished for all these. In this study, the theological foundations of human rights are discussed. In this respect, it is aimed to overcome the limitations caused by grounding the concept of human rights from a secular perspective and present a more holistic and comprehensive metaphysical grounding of human rights. (shrink)

No global professional codes for the natural science and technology professions exist. In light of how the application of new technology can affect individuals and communities, this discrepancy warrants greater scrutiny. This article analyzes the most relevant processes and seeks to explain why these processes have not resulted in global codes. Moreover, based on a human rights approach, the article gives recommendations on the future process and content of codes for science and technology professions. The relevance of human (...) rights in the realm of individual conduct is based on the fact that while human rights treaties primarily outline State obligations, individuals have responsibility for human rights promotion. Human rights principles have only recently been subject to interests from policy makers and academics, and must be better clarified. Human rights principles are found to be relevant, but are effective only if they are applied in conjunction with substantive human rights. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:All Mine!: Happiness, Ownership, and Naming in Eleventh-Cenury China by Stephen OwenNguyen T. Thanh-Huyen (bio)All Mine!: Happiness, Ownership, and Naming in Eleventh-Cenury China. By Stephen Owen. New York: Columbia University Press, 2021. Pp. 208. Paperback $30.00, isbn 978-0-231-20311-1. Reading Stephen Owen's new book, All Mine!: Happiness, Ownership, and Naming in Eleventh-Century China (hereafter All Mine!), many readers will find that the perspectives of eleventh-century Song scholar-officials on (...) finding happiness in material things are still highly relevant to the increasingly materialistic culture in China and the world in the present day. Under the Song dynasty, the pursuit of happiness through material objects is "what contemporaries themselves recognized as uncomfortable topics" (p. 14). In writing this book, Owen attempts to survey a literary phenomenon in which material-contingent happiness permeated Song literature despite the moral surveillance of classical ideology on happiness and ownership that stretched back to the Lunyu (Analects of Confucius). At the same time, the author elucidates how material-contingent happiness in literature drove and was driven by the sociocultural changes and the growth of commercialization in the Song. All Mine! is a fine balance between literary study and intellectual history. Owen's approach tends to be all-inclusive, as he covers a diverse range of genres (including prose, poetry, miscellany, and biography) and texts with which readers generally have different levels of familiarity. For every text, Owen provides thorough explanation on its background, allusions, and references, while also offering in-depth cultural, aesthetic, and structural analysis. He calls our attention to the subtle differences between similar texts, such as the biographies of Ouyang Xiu 歐陽脩 and Tao Yuanming 陶淵明, to show how they deliver entirely different ideas about happiness and ownership and signal a radical transition from the old to a new world of values. Regarding intellectual history, the book studies the conflicts between different discourses on happiness. Owen reveals different forces of censorship against happiness of acquisition and ownership, presenting them especially clearly with Ouyang Xiu's stories in Chapter 1 ("The Biography of the Retired Layman Six") and Chapter 2 ("The Magistrate of Peach Blossom Spring"). The author also pays close attention to the act of naming as a form of ownership. As he points out, the process of Song literati trying to "get the right name" for objects and sites often converged with the process of elaborating different [End Page 1] person-thing relationships based on the social status of the owner and the characteristics of the object of ownership, thereby grounding the principles for judging the morality of material-contingent happiness. Readers can also see the happiness-ownership paradox in literature as closely related to the commercialization of elite-praised goods that was flourishing in Song society. This validates Owen's choice "to think of cultural and historical phenomena as ecosystems or solar systems in constant change, each particular changed by and changing the whole" (p. 13). Perhaps the most impressive chapters in the book are 3 and 5, which deal with the Song's perspective on ownership as transient and unstable, and its relationship with happiness. Chapter 3 explores the pervasive awareness that "things are held by power, not by right" (p. 67). The source of "power" could be financial, social, political, and military advantage, or something humans can't control, like death. Owen relates many sad Song stories of elites whose things were taken by someone with greater power. The most interesting one is perhaps that of Su Dongpo 苏東坡 and his "Nine Blossoms Mountain in a Jug," in which Su was not willing to give up the little world that he attached to this rock mountain, despite being very conscious about the dangers of possession. "It is alright if the superior man lets his interests be temporarily invested in things, but it is not alright if he lets his interest remain in those things," the author writes (p. 72). Chapter 3 contains many examples of "names as a form of ownership." Ownership of physical things can be transient and infringeable, but the writings on names of objects and sites by famous Song literati like Ouyang Xiu and Su Dongpo... (shrink)

Through my reading of the section of Pleshette Dearmitt’s book The Right to Narcissism, entitled “Kristeva: the Rebirth of Narcissus,” I illustrate the way in which DeArmitt’s reading of Narcissus is reflected in Julia Kristeva’s conception of genius. DeArmitt describes narcissism as a structure through which subjectivity, language, self-love, and love for the other come about. Narcissism develops through a metaphorical relation of identification with a “loving third” in which the subject-in-formation is transferred to the site of the other, (...) to the place from which he or she is seen and heard through the words of the mother directed at an other. The emerging subject catches the words of others and repeats them. The speech of the other, then, is a model or pattern with which the subject-in-formation identifies repeatedly, and it is through identifying with the third that the forming subject becomes like the other, a speaking subject herself. All love comes from narcissism because it is a repetition of this identification and transference. I connect this account to Kristeva’s Female Genius Trilogy by claiming that these works are love stories since they are based on a repetition of the narcissistic structure on a cultural level in their content and in their form, though for each genius it manifests through a different register. For Hannah Arendt the relation is between the actor and the spectator; for Melanie Klein it is between the analyst and the analysand; and for Colette it is between the writer and the reader. (shrink)

“Artworks are not being but a process of becoming” —Theodor W. Adorno, Aesthetic Theory In the everyday use of the concept, saying that something is grotesque rarely implies anything other than saying that something is a bit outside of the normal structure of language or meaning – that something is a peculiarity. But in its historical use the concept has often had more far reaching connotations. In different phases of history the grotesque has manifested its forms as a means of (...) subversive resistance against society’s prevailing notions of form and power. What aids this impact and distinguishes two of its basic stylistic features is the grotesque’s dissolution of form and its hyperbole. Such grotesqueries, however, soon solidify into new forms, new structures of meaning, hierarchy and practice, and in this sense the history of the grotesque is, on one hand, a continual opposition and transgression of the prevailing notions of art as well as of God and humanity, while on the other hand it offers continual resistance to its own solidifying process. As such the grotesque will not and cannot be contained in form without it losing the very thing that makes it grotesque. Even though it is somewhat easy to point out certain stylistic features of the grotesque, the sum of those features tell us very little about what is at play within it. Definitions concerned with the grotesque’s content rather than its form faces similar difficulties. Throughout history, expressions relating to the grotesque have been used in defense of a whole host of different social and cultural discourse including, for instance, Catholicism (See Erhard Schön’s Der Teufel mit der Sackpfeife , 1536), Protestantism (See Lucas Cranach’s Der Papstesel , 1523), a material folk culture (see Mikhail Bakhtin’s Rabelais and his World , 1984) and an idealistic romantic structure of meaning (see Wolfgang Kayser’s The Grotesque in Art and Literature , 1957). Thus though the grotesque cannot be reduced to the expression of certain forms or meanings, in order to examine what the grotesque is about one has to try to see how it’s relationship to flow and process and how, by maintaining this relationship, it attempts to avoid solidifying into form and meaning. The process of the grotesque alluded to here revolves around a play between periphery and center, the marginalized and the dominant. Most often this is expressed as a direct negation of the center of power. In the medieval grotesque tradition of the carnival, for example, it is expressed by its emphasis on the nether regions of the body as the center of creation of meaning. Spirit does not come from above, but from the belly, buttocks and genitals, and there is, expressed in this manner, a mockery of the predominant Christian notion of truth and meaning. Such inversions of the sites of meaning most often explicitly express an increased interest in materiality instead of ideal content which comes to the fore through the play between periphery and center. Even in early grotesque Renaissance art (for example in the works of Raphael) the depiction of the mythological or ideal reveals an exploration of the possibilities of the material. The works of art thus explore their own boundaries rather than act as vessels of the divine and in this way the grotesque explores the limits of form and materiality. This in turn brings to the fore a metaphysical dimension in the workings of the grotesque: It is an immanent exploration of its own boundaries. Materiality and metaphysics are joined together, because it is through the awareness of itself as a structuring (dis)order that it places itself in opposition to the prevailing notions of form and power. This way the grotesque expresses an awareness of the division of sign and reality and a search for this reality. It implicitly expresses the awareness that meaning is not something God-given and static, but fluctuating and man-made. In modern explorations of the history of the grotesque it is commonly seen as a form of realism that manifests a shift from the ideal towards the material, freeing art from representing some hidden higher order and instead making the work of art the very site of creation and meaning. Going even further, the grotesque actively opposes the notions of the ideal by marking a shift from an ahistorical view of the world towards the historical. However, this also makes clear why the grotesque has a tendency to solidify into new static forms of meaning, for by establishing itself as a subversive counterforce there is an idea of transgression and emancipation. That is why the grotesque often historicizes and relativizes only to repeat the mistakes of that which it negates: putting itself in the king’s chair. The exploration of the material seems to create new forms and notions of the ideal. The representation of an otherness outside the prevailing notions of meaning and truth becomes a positive manifestation of this otherness as truth itself. Thus the historical “truths” of the grotesque are superseded by history itself. When the expressions of the grotesque solidify into static form and meaning, they become mere objects like anything else in the world. Instead of being this elusive thing of process and flow, it becomes tangible to the existing hierarchy of power as well as history itself. In this way the grotesque can be expunged, included or simply revealed as yet another false notion of truth, which is precisely what has happened with the grotesque throughout the course of history. If from the beginning the expression of the grotesque has not already been in the service of some structure of meaning and truth, it has quickly been included or has quickly included itself in such a structure. But by doing so it rejects its own basis: the tension between periphery and center is replaced by the attempt to create a new center, a new structure of meaning and truth. The doubleness, ambiguity and flow of the grotesque are then rejected by the grotesque itself. THE NON-FORM OF FORM In the critical thinking of Theodor W. Adorno (1903-69) the problem of art, caught between a reductive and prevalent notion of truth and meaning and a peripheral and alienated otherness, is reexamined and reformulated. For Adorno, the instrumental rationality of Enlightenment itself reverts into a new form of mythology which is every bit as static and exclusive as the hierarchies of religion it supersedes. All is excluded that is non-identical to the instrumental mastery of the objects of the world, "For the Enlightenment, anything which cannot be resolved into numbers, and ultimately into one, is illusion; modern positivism consigns it to poetry." 1 As such the non-identical has been banished from the realm of thought and action, and banished specifically to the realm of art. But the realm of art is not able to provide a decent home for it because even modern art is not something entirely autonomous. While it is excluded from the notions of truth and meaning provided by instrumental rationality, it still originates from society. Just like instrumental rationality art is about mastery, structuring and exclusion. Therefore, the problem for art is that it cannot directly provide a space for the non-identical because its mode of operation is similar to that of instrumental rationality. Even worse, art has very few possibilities to free itself from this. If it becomes l’art pour l’art it is at the same time reduced to the very thing instrumental rationality claims it to be: a subjective judgment of taste.expressionism also stands as an example of this. Conversely, art cannot work within the framework of the identity-thinking of society, because any notion of freedom or emancipation would reproduce the exclusive practices of instrumental rationality. For example: Explicit socialist literature may establish itself in opposition to instrumental rationality while at the same time reproducing it. Its language may seem different, but in reality it merely provides a different set of reductive schematics for human life and experience. The problem for the art of the grotesque was, as I mentioned earlier, that far too often it was merely a symbolic manifestation of a notion of otherness—not otherness itself. Because of this the subversive character of the grotesque ends up shaping and containing otherness instead of providing a space for it. According to Adorno the only way to avoid this is to radicalize the grotesque. In order to avoid solidifying into form the work of art has to be an object which cannot be contained in thought or form—a non-form of form. The work of art has to work in a way that it strives for autonomy but without entirely leaving a discernible reality. In other words, it has to pull in two directions at once. Thus the work of art is a paradox. It is autonomous in the sense that it closes itself off from everything outside of the work of art, trying to shy away from the contaminating influence of the identity thinking of instrumental rationality. At the same time though the work of art is heteronomous in the sense that it originates from a specific historical context and is bound to be what society is not. Autonomy and heteronomy are inseparably intertwined. Unable to display otherness itself, but still trying to be a refuge for it, there is only one option for art: It has to turn against itself and destroy its own logic of form, thereby demonstrating how any representation of otherness is impossible. Art becomes a lamentation of the victims of the identity thinking of instrumental rationality and shows the traces of the otherness that is unable to appear. Adorno’s pessimistic theory of art and history stages art as a negative dialectical process where the work of art closes itself off and rejects everything outside, while the individual elements in the work of art destroys its very own logic of form from within: Artworks synthetize ununifiable, nonidentical elements that grind away at each other; they truly seek the identity of the identical and nonidentical processually because even their unity is only an element and not the magical formula of the whole […]. The resistance to them of otherness, on which they are nevertheless dependent compels them to articulate their own formal language, to leave not the smallest unformed particle as remnant. This reciprocity constitutes art’s dynamic; it is an irresolvable antithesis that is never brought to rest in the state of being. 2 Relative to a traditional understanding of the grotesque, Adorno radicalizes the tension between center and periphery, autonomy and heteronomy. In the traditional understanding of the grotesque, as we find it for example in the writings of Mikhail Bakhtin, the grotesque establishes the display of otherness as a new center of meaning and truth. However Adorno rejects such notions and argues instead for a modernism of the grotesque in which both center and periphery are included in a negative dialectical process and continually synthesizing and destabilizing each other’s positions. A modernism of the grotesque works on the inside of the sign or the artwork, continually outlining and questioning the boundaries between materiality and form. This moves the focus away from the relation between the sign or work of art as a conceptual manifestation on one side and the object it refers to on the other side. Instead it implicitly points to the amorphous mass from which the signs and thereby meaning have been carved, the remnants that have been left behind. Modernism of the grotesque does not imply that it is emancipatory or that it reconciles man with nature, and does not represent a new position or a new ideology. It merely remembers and insists on the double nature of man and art: to write or paint yourself or an artwork whole by inscribing meaning in life or by applying form on a canvas is at the same time both creation and destruction. The very signs we use to center meaning in our lives carry its own alienation in them. Meaning surfaces only when process and flow comes to a halt—solidifying, but at the same time excluding parts that do not fit into that particular structure of meaning. NOTHING DONE AND NOTHING UNDONE It has always been difficult for art historians to find a suitable category for the works of the Danish artist Leif Lage (b. 1933). In his paintings the sensitive figuration seems so fragile that it is on the verge of turning into abstraction. Or conversely: the figurative emerges cautiously and hesitantly out of abstraction. As an art critic once wrote, he can almost paint things away. 3 Working in some undefinable space between abstraction and figuration, the Lage’s works shy away from the realm of words, and as a result few critics have been able to write anything meaningful about his works. In fact even fewer have been able to write more than one or two pages. The Danish author and art critic Leif Hjernøe is one of those few, but even he starts off by saying how impossible it is to write about Lage, confessing that his works exist both as process and in a field of in-between which words cannot reach. He writes: Always you find yourself in a place where nothing is done and nothing left undone, and where the elements of the work of art rest in a continuous motion. Always there is the open wound, where infection rather than surgical intervention is considered as an opportunity. And the conflict between matter and antimatter makes all diagnoses uncertain and allows conditions of uncertainty to spread in a place of raw presence. 4 The art works against the diagnosis and the certainty. Words are being eaten up by what is outside the realm of words: tension, process and doubleness. An approach to an understanding of the work of Lage could be to follow his connection to Samuel Beckett (1906-89). One can note, therefore, that Lage has illustrated several of the Danish translations of Beckett’s works. Though one is an author and the other a painter both seek a place where figuration, where the word, erodes. For both this entails an attempt to question and examine and so move in behind the façade of the surface in an exploration of that something or nothing that may be behind representation. At the same time even in the vanishing point of figuration or words, the meaningless words or the disjointed lines still stand as signs of human activity—signs of movement in emptiness. With very few exceptions Lage’s artworks revolve around one motif: Man—most often “en face.” But unlike traditional portraitures Lage’s people are found within. The artworks do not sense the reality of appearances, but rather the existential dimensions within man. As a seismograph they are sensitive to the utmost subjectivity in order to display an objective, sensuous depiction of the very problem of subjectivity. Instead of a static façade of a man, Lage’s “en face” shows the process-character of man. The people in Lage’s paintings are always in process—in the midst of becoming or dissolving. I will take a closer look in the following at the ways in which Lage establishes this sense of being in constant process, of being in-between modes or categories. THE DOUBLENESS OF THE STROKE Lage’s etchings attract attention in particular for the tension conveyed there between the material and the form. The material physically opposes the violence of the needle. But instead of embracing the violence of the needle and the victory over matter—instead of making the artistic creation and figuration express a heroic mastery of the background it is made out of—Lage uses the stroke to express the very tension between stroke and material, figuration and background. In the drypoint etching Untitled from 1983, which illustrated the Danish translation of Beckett’s Ill Seen, Ill Said , the needle tears up the material in long rough lines: Together, the primarily horizontal and vertical lines form a face. Thus the force needed to etch a line in the metal-plate draws attention to itself: It is there in the absence of curves and nuances. Man emerges on the metal-plate after great exertion and in a very simplistic form. This way Lage enhances the nature of the material, as the material’s resistance is not something to overcome. On the contrary the figuration is smitten by its very resistance and as such expresses the violence of its own becoming. Even more pronounced is the fact that the lines do not just show the violence of creation—it actively erases figuration in the same process that creates it. For example the mouth consists of 8-10 horizontal strokes, of which some seem to be connected to each other as if the mouth has been quickly scratched out. The mouth speaks of the inability to speak. In the same way, the eyes are black holes due to a large amount of criss-cross cuts, which together form a dark middle. Those lines, at the same time, form the eyes of the figuration and scratch out the eyes of the figuration. The extroverted aspects of the face—connected to speech and sight—are portrayed as introverted as well. Just as the etchings down into the metal-plate makes something appear. Leif Lage, Untitled , 1983 (etching) The figuration of the etching is connected to creation. It expresses that something is wrought into existence out of nothing by sheer artistic force. However, this force is at the same time presented as a violence of creation, which makes it impossible for form to truly emerge. Herein lies one of the basic principles of Lage’s art, namely that art cannot be that nothing or something behind the realm of words or signs. Without form, art would lose its ability to express anything at all. Form is a necessity if art is to avoid becoming as devoid of expression as the reality is that we cannot reach behind the appearance of things. On the other hand, art cannot raise itself above its own material in joyous celebration of the beauty of form. This would use the material in the manner of an instrument and thus would suppress the otherness it attempts to rescue. When art becomes mere form, any traces of otherness will have dissolved. Then art would be a question of technique, in no way different from the instrumental rationality of society. Therefore art works in a particular space between form and non-form. As Hjernøe says of the works of Lage, it is in the center of the event, in the in-between where things neither are nor are not, "And everything takes place just before it changes character. As the blood just before it coagulates, as the milk just before it separates, as fried egg just before it turns white […]." 5 The precise emphasis on the in-between of Lage’s art points in particular to the work of art as both outside of and in time. The work of art is a singular point in time, but at the same time it is continually in process. In the borderland between form and non-form, between creation and destruction, it shimmers like a fata morgana . The work is done but at the same time undone. It is only there as a cry in response to the inability to come into being. Akin to the etching is the drawing, but while both, of course, use the stroke or line as their main instrument, the paper does not resist the line in the same sense as the metal-plate of the etching. As a result in Lage’s drawings the stroke frolics in a space with almost no tension at all. There is nothing there to keep the pencil stroke at bay, but at the same time this means that there is nothing there to keep it together. One of the more expressive examples of this is found in an untitled drawing from Tegninger og Text ( Drawings and Text ) from 1999. The drawing consists of one unbroken pencil stroke. It is as if the stroke is confused—it darts around on the paper making doodles on the way or gathers itself in more straight lines in the center of the paper. It is in this manner that the semblance of a body is established. A couple of small circles serve as eyes and are the reason that the rest can be read as both face and body instead of pure abstraction. In fact the unbroken stroke serves as both abstraction and figuration as on the one hand it is the stroke that seemingly outlines the shape of a figure, while on the other hand the unbroken stroke dissolves any truly recognizable figuration by continuously, without end or aim, overflowing the boundaries of the figure. Seen again here is a doubleness to the stroke and the act of creation. In the etching it was all about the tension between the resistance of the material which created the doubleness. Here it is the opposite. It is the lack of tension. The stroke is free to do anything, but has no aim: without some kind of resistance, there is nothing to hold figuration together. It threatens to dissolve into nothingness. Conversely, the drawing can also be seen as a process of becoming. Like a form of automatic writing, the pencil darts around until it finds a point of densification. But even in such an interpretation of the drawing, the figuration appears artificial—it points to itself as the result of the artistic act of creation. The stroke is primarily stroke and only secondarily figuration. With its wild movement it calls attention to itself as stroke. Thus the figuration never becomes something in its own right. It points to the basic principle of creation: Someone has drawn me, I am the result of artistic endeavors, and therefore I am not for myself but always overflowing the boundaries that contain me. It is the stroke that in the very same movement creates figuration and dissolves it. Leif Lage, Untitled , 1999 (drawing) THE LIGHTNESS OF COLOR, THE DENSITY OF PAPER Often the watercolor is used as a precursor for larger paintings, because it has an immediacy in which one can quickly paint the main lines of a composition. However, Lage’s watercolors are not temporary points in a process leading to another final painting. They are not sketches, later to be filled with details in another material. For him watercolor is an end in itself. This also implies that he doesn’t try to work against the paper’s absorption of the water color and its tendency to absorb detail. On the contrary, he examines the possibilities inherent in this blurring of the line and absorption of color. As in the previous examples, there are of course recognizable shapes in Lage’s water colors. But these shapes are rarely separable from color, line or even paper. In other words: the figurative and the abstract more or less become one. One of the reasons for this is that Lage often works on wetted paper which means that the paper hungrily absorbs color into its fabric instead of it being on top of the paper. The paper becomes line because it is the absorption of the color which, together with the brush stroke itself, separates the colors from each other. The line is also color and the color is also line, because there is no separation between the different colors other than the colors themselves. At times this results in almost complete abstraction. In such cases Lage add lines with a pencil as if he wants to hold some sort of figuration together. At other times it is the other way around: the strokes of the pencil are a being dissolved by the water color blurring out the figuration. Untitled 1 from 1999 displays various tones of green. The contour of the colors appears unusually rough. Most of all it is reminiscent of a shoreline which has found its form through the work of thousands of years between water and land. Pockets of resistance surface as islands not yet drowned in color—as paper or color not yet consumed by the dominant color. The shape of the colors does not seem created by the hand of the artist, but rather by the inner workings of the watercolor: color against color over time has resulted in this very image, as if it is all a part of a natural process of change and decay. Despite the fact that there are no strong differences in color there seems to be a struggle taking place in the watercolor. For example, inexplicable holes in the dark color, which cover most of the right side of the watercolor, appear as if the underlying color is eating away the dark color, or that the dark color is in the process of covering up the underlying color. The small pockets of resistance demonstrate a process and development that, almost as a happy accident, evokes a couple of small eyes and a large mouth. Behind the colors a few slanted lines can be discerned, but the hand of the artist has long ago disappeared behind the life of the colors. Thus the watercolor seems to be held at precisely the point in time where figuration randomly appears. The small eyes and wide mouth seemingly express the realization of the figuration’s temporality. It is just a moment in time, soon to be consumed again in the life of the colors. The nature, the background it stems from and is part of, moves on undeterred, continuing its everlasting process of creation and decay. In this sense, the watercolor provides an experience of how neither artist nor man is able to transcend the materiality they consist of. The colors of man, the materials man consists of are “becoming” and “progress” but also “decay” and “disappearance”. The artist’s pencil strokes have been eaten up long ago, and the figuration is living on borrowed time. Human or artistic activity is about creating form, transcending mere matter by shaping and applying meaning to it. But Untitled 1 shows the doubleness of such creation: the transience and fragility of human life. Should the figuration come into being, should it rise and transcend the material, which binds it to its temporal existence, it would become nothing because its very existence is conditioned by the life and work of the colors. In the same sense man cannot escape his own temporality. He too, for better or worse, must accept a life in the volatility of sensation. Leif Lage, Untitled 1 , 1999 (watercolor) In most of Lage’s watercolors there seem to be a stronger artistic control than in Untitled 1 . Most often both the arrangement of colors and the technique in which they are painted express the hand of the artist. An example of this is Untitled 2 from 1999. While figuration in Untitled 1 seemed to appear as a happy accident, the figuration is much more “created” in Untitled 2 . Here the most important parts of the figuration, the eyes, the mouth and part of the skull, are colored black and painted on top of the background’s play of colors. The background primarily consists of blue and yellow tones. Only parts of the paper are covered in color, however, which yet again stresses the act of painting: There is a surface which is being filled by color by an artist. The blue tones are concentrated in the figuration, while the yellow tones surround it. All this means that the figuration stands out more clearly in this watercolor. This is also underlined by the fact that the blue and dark tones cover part of the yellow tones as spots here and there. Thus it is not a background which is in the process of consuming figuration, but rather the emerging figuration which blots out the background. Such an understanding is even suggested by how the mouth and eyes are placed in the larger blue color field. The eyes and mouth are in the center of the watercolor, while the blue color field is placed from center out towards the left side. This gives the impression of a face turned slightly to the right and slightly upwards, which again makes the mouth appear to emerge from the paper. It also helps that the mouth cuts the center axis of the watercolor. In other words, the arrangement of the blue and black colors create some depth and perspective which gives the illusion of a figuration, seen partially in profile, emerging from the background. Seen in profile, the eyes and mouth seem extroverted—they almost seem as if they are put on top of the face. But at the same time they are painted as black holes, sucking in the gaze of the onlooker. The watercolor is even more challenging if one follows what may be the faint outline of the skull, which, on the right side of the watercolor, no longer works together with the blue color, but rather alone postulates the outline of the skull. If not the blue color field, but this line, is the outline of the skull, then all of a sudden the face is not in profile but “en face”—staring directly towards the onlooker. Outline and color seemingly work against each other and establish two different expressions. Without the slightly upward tilted expression of the profile, the eyes and mouth do not seem to emerge from the paper. On the contrary, seen “en face,” the eyes and mouth are really gaping pits of darkness. In this sense Untitled 2 is at the same time surface and depth of perspective. The line gives form but at the same time it dissolves the form created by the colors, and vice versa. Leif Lage, Untitled 2 , 1999 (watercolor) As the last example of Lage’s artistic method, I have chosen another untitled work (as indeed nearly all of Lage’s artworks are)—this time from 2000. This is perhaps one of the most figurative watercolors Lage has created, though that doesn’t tell us too much. The painting depicts a human face in blue and green tones on a yellow toned background. The colors create a clear demarcation between the figure and the background, which compensate for the watercolor’s lack of outline. Beneath the face darker tones imply the beginning of the torso, and nuances of color even hint at something which could be a collar. The hair is in even darker tones and its structure is emphasized using pencil strokes on top of the water color. One eye is marked by a brown spot with a darker spot in the middle, while the other eye is added by pencil. The mouth is a round, red dot. In Untitled from 2000 the work between abstraction and figuration is much less pronounced than in the previous examples cited here. Nonetheless the watercolor has a delicacy to it which almost makes the figuration disappear, even as it appears. This has something to do with the fact that all the individual brush strokes have dissolved. The only outlines are those created by the clash of colors. Even the red mouth seems to be more paint than mouth—unable to be formed truly as anything other than a speck of color with some small semblance to a mouth. In contrast to the other watercolors, there is no movement, no progress or decay, just a vibrating standstill. The figure is not emerging or disappearing but embedded in and as surface, and as such it makes the figure seem stuck in its condition rather than freed by the act of giving form: mouth open as a wound. Pencil strokes add detail and life to the hair as an attempt to help the figure emerge. But all this does is create two levels in the watercolor: The pencil strokes are put on top of the figuration rather than being part of it. Thus they end up highlighting the endless distance between the movement and form-giving of the pencil strokes and the static and stuck figure behind these strokes. Leif Lage, Untitled , 2000 (watercolor) MAN AND THE VIEW OF THE ONLOOKER Lage’s works seem at the same time to be an examination of tensions between form and material in art and a display of an image of man full of the same tensions. This is because the people who are emerging in Lage’s images are not just in his works, They are his works. This means that man is not something emerging from a background but is part of this background and vice versa. The art of Lage inscribes man in its surroundings and background. Man is not the ruler of nature. Man does not rise above matter; there is no truly transcendent position for man to occupy in the art of Lage. Instead man is a part of the very matter, it, at the same time, tries to distance itself from in order to distinguish itself from its surroundings. Man emerges in an attempt not to be line, stroke, color. In an attempt to free itself of matter. Should it succeed in this, however, it would turn into nothing. On the other hand, if man fully accepted itself as mere matter it would disappear in it—in instincts, urges and lack of reflection. The appearance of man is thus subject to a state of being in-between. Only in the tension between material and its negation can the outlines of man be traced. However this also means that in the art of Lage man is never something in itself but always in process—on the way to its freedom and its loss. However, Lage’s art is not just about showing the tensions inherent in man but also about showing such tension on the verge of breaking point. In the moment before everything is done, or when nothing yet has been done, the delicate tension between form and material has been stretched to its utmost in such a way that man’s character of process emerges and is contained on the paper or canvas. Therefore, Lage’s art contain traces of human life. Not only is it an autonomous unity of tensions where man is stretched out between its singularity and the surroundings it is a part of. It is also this pulsation between figuration and material which brings about the traces of human endeavor and activity. Even when man almost seems to have disappeared into the material, strokes and lines are still there as a reminder of human activity and potential creative power—as a reminder that hope is still possible and that man is still there. The view of the onlooker seeks out forms and meaning. It seeks outlines and edges. But first and foremost it is the eyes in Lage’s works of art that allow the onlooker to decode the figuration at play. This creates a distinctive relationship between the onlooker and the artwork. The onlooker tries to wrest the enigma from the artwork, tries to reduce it to solid, meaningful form. But the very same moment that hints at such a possibility sees the view of the onlooker confronted with a gaze of its own. The eyes of the figure in the work of art are most often dark pits, as if they were an illustration of the violence committed against the eyes of the onlookers and their search for meaning. Or as if they were a dark reflection of the onlooker’s failed attempts to delineate the traces of life in the artwork to a solid meaningful form. Therefore, the gaze of the figuration speaks not only of its own powerlessness but also of the powerlessness of the onlooker. When the view or sight has trouble finding solid meaningful forms, it has something to do with the fact that the precondition for sight, light, no longer stems from something transcendent. In Lage’s art there is nothing outside the works of art, nothing outside of human life, and as such nothing to shed light on the works of art or human life and reveal solid meaningful forms. All light comes from within. In a western context, light as a medium for sight is central to the understanding of meaning. People speak of the clarity of thought, while knowledge is tied together with enlightenment, and so forth. But the light no longer originates from a divine point of view. It originates from man, who has created himself in the image of God. The problem with this is that light always covers up its own base. Light illuminates something but at the same time it hides itself. 6 While it was previously God who was unknowable, now it is man. It is also problematic that sight and the medium of sight stem from the same place. Following this thought one can posit two final problems. Firstly, the immediacy and presence established by light by making forms and objects accessible to sight is fake. Light is not some independent entity which present things in a neutral manner for the onlooker. It is inextricably tied together with the gaze’s desire after meaning. In other words: Light perverts the appearance of things because it doesn’t originate from some objective entity which allows them to appear as they are. Instead light is based upon and originates from the subject and its conquering gaze, seeking out meaning and form constantly. Secondly, the joining of sight and light makes introspection within human life impossible. Everything can be illuminated by its use value for the subject but only as long as it is separated from the subject, as long as it is an object. But the subject itself cannot be illuminated. Lage’s art tears down such a dividing line between subject and matter, but it does so without reestablishing a divine position from where the light emanates. Therefore, the light in Lage’s art may not illuminate very well. It may not have the certainty presented by modern science or the religions of yesterday. But it does show what such light tries to hide, namely, the subject as it is in its material reality—inscribed in time and death, which are the basic conditions of materiality, but at the same time also full of life in its joy and will to create. For the onlooker the meeting of the gaze in Lage’s works of art is thus also a destruction of the view of the onlooker. The ability to see is challenged in a radical way. Those outlines will not solidify into static form, as if the light was too dim to see. Just as in Lage’s figurations, the view of the onlooker turns to black: turns towards the onlooker in recognition and becoming—or disappearance. NOTES Max Horkheimer and Theodor W. Adorno. Dialectic of Enlightenment . (Palo Alto: Stanford University Press, 2002): 4-5. Theodor W. Adorno. Aesthetic Theory . (London & New York, 2002): 176. Carsten Bach-Nielsen. “Mere glæde end gru.” Kristeligt Dagblad . September 24, 2002. Leif Hjernøe. “Den yderliggående inderlighed.” LEIF LAGE—Retrospektiv udstilling 1983 . (Copenhagen: Brøndum, 1983): 18. Ibid. Maurice Blanchot. The Infinite Conversation . (Minneapolis: University of Minnesota Press, 1993): 162-163. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:preface In this issue, one cluster of articles presents scholarly and creative work focused on Latin American queer politics. Each article reveals queer challenges—theoretical, aesthetic, political, ideological, libidinal, corporeal—to prevailing logics of heteronormativity and neoliberalism, and to asymmetrical processes of knowledge production and circulation. Rafael de la Dehesa examines how political responses to AIDS in Brazil enabled surprising alliances between NGOs, activists, and the state, which produced radical (...) social change and, at times, engendered exclusion and vulnerability. Christine Keating and Amy Lind’s essay explores indigenous and transfeminist efforts to transform the Ecuadorian constitution, producing new conceptions of both state and family. Constanza Tabbush and Melina Gaona trace the rise and fall of a neighborhood organization in Argentina called Tupac Amaru, which provided a space of encounter for lesbian, non-gender normative, and marginalized women. In a review of recent work on Latin American sexualities, Juan Camilo Galeano Sánchez finds LGBT people across Latin America and the diaspora deploying “queer revolutionary gestures” as a form of resistance to social, political, and economic marginalization. María Amelia Viteri’s commentary examines the intellectual trajectories of a network of queer scholars from across the Americas. The art essay by Tara Daly engages Iquitos artist Christian Bendayán’s visual efforts to queer prevailing conceptions of the Amazon, and tatiana de la tierra’s* poems offer a deep celebration of female eroticism. * We have spelled tatiana de la tierra’s name in lower case in accordance with the wishes of her literary executors. 256Preface Another cluster of essays highlights reproductive rights and race in Mexico, Central America, and the Caribbean. Gabriela Arguedas Ramírez and Lynn M. Morgan study the tactics that right-wing, US-based organizations deploy against sexual and reproductive rights in Mexico and Central America. Jennifer L. Shoaff examines the Dominican cultural construction of the Haitian mother as “beggar-mother,” which shores up ideas of pathological black maternity. Ana-Maurine Lara’s article considers the gendered and sexual logics of anti-blackness, and anti-Haitianism, in the Dominican Republic. The provocation for our cluster on representations of queer identities and politics in Latin America came, broadly, from developments in Latin America in recent decades: the wave of LGBT organizing around issues from same-sex marriage to transgender rights, alongside the continued, if not escalated, violence against trans, travestis, and other queer people in countries throughout the region. More immediately, it came from a symposium on Latin American/Latin@ queer and sexuality studies, cosponsored by the Center for Latin American, Caribbean, and Latino Studies (CLACLS) and the Women, Gender, Sexuality Studies Department at the University of Massachusetts (UMass), Amherst, in March 2013. Several of the papers published here were initially presented at that event and have been complemented and extended by other analytical essays and creative material on similar questions. Based on their familiarity with the debates, Sonia Alvarez, UMass CLACLS Director and professor of political science, and Amy Lind, head of the Department of Women’s, Gender, and Sexuality Studies at the University of Cincinnati, offered invaluable input for this issue, and we thank them for their intellectual generosity and collaborative spirit. Three of the articles in the cluster take us inside the complex relations between queer movements and neoliberal institutions, illustrating the distinctive ways these dynamics play out in different national contexts and political configurations. In “NGOs, Governmentality, and the Brazilian Response to AIDS: A Multistranded Genealogy of the Current Crisis,” Rafael de la Dehesa argues that the AIDS crisis served as a “doorway to the state” for marginalized actors, such as sex workers and LGBT activists. These groups pushed for and won a national AIDS program that dramatically reduced rates of mortality and new infections in Brazil in the 1990s through universal access to treatment and a nonstigmatizing approach to prevention. Its success was based, in part, on World Bank Preface 257 loans and, in part, on a participatory model of public-private partnerships characteristic of neoliberal government. De la Dehesa argues that, “Far from encapsulating activism in a seamless web of biopolitical management... nodes of articulation between officials and activists became sites of conflict and productive tension.” However, while the alliances between NGOs... (shrink)

Machine generated contents note: INTRODUCTION 1 -- Focus of the Sections and Sub-sections 1 -- East Asian Internet Resources 1 -- A Note on Using the Index 2 -- GENERAL WORKS ON PHILOSOPHY& RELIGION IN ASIA 5 -- BUDDHISM 37 -- Primary Sources 37 -- Buddhist Ethics 38 -- Buddhism and Judeo-Christianity 52 -- Zen Buddhism 69 -- Other Works on Buddhism 76 -- CONFUCIANISM 95 -- Chinese and Confucian Classics 95 -- Translations of the Four Books 95 -- Translations (...) of other Chinese Classics 97 -- Secondary Works on Confucianism and/or the Chinese Classics --00 -- Neo-Confucianism 136 -- Confucian Ethics 150 -- Works on Confucianism and Judeo-Christianity 172 -- TAOISM 191 -- Primary Sources in Translation 191 -- Secondary Works on Chuang-tzu, Lao-tse and/or Taoism192 -- Taoism and Judaeo-Christianity 205 -- CHINESE/ CONFUCIAN UNDERSTANDING OF RELIGION 209 -- BUSINESS & ECONOMIC ETHICS IN ASIA 223 -- General, Miscellaneous, and/or Background Material 223 -- Business & Economic Ethics: China 225 -- Business & Economic Ethics: Japan 226 -- Business & Economic Ethics: Korea 228 -- HUMAN RIGHTS IN THE EAST ASIAN CONTEXT 231 -- ASIAN WOMEN'S PHILOSOPHY &THEOLOGY 247 SELECTED COUNTRIES OF EAST ASIA 2. -- CHINA2 -- China and Christianity2 -- Jesuit Approach to Evangelization in China2( -- Other Works on China and Roman Catholicism2 -- China and Protestantism2 -- Other Works on China and Christianity28 -- Other Works on Chinese Culture and Philosophy 29 -- JA PA N 32 -- Buddhism in Japan32 -- Shintoism and Confucianism in Japan 33 -- Christianity in Japan33, -- Other Works on Japanese Culture, Philosophy and Religion34' -- KOREA35! -- Buddhism in Korea 35! -- Christianity in Korea 36' -- Confucianism and Christianity in Korea 36: -- General Works on Christianity in Korea 36E -- Korea and Catholicism 38C -- Korean-American Christianity 390 -- Confucianism in Korea 394 -- M injung Theology 404 -- Women's Issues and Feminist Theology in Korea 423 -- Shamanism in Korea 432 -- Other Works on Korea, Including General Works on Religion --437 -- EAST ASIAN INTERNET RESOURCES 455 -- SUBJECT-AREA WEB-SITES 455 -- MISCELLANEOUS PHILOSOPHICAL/RELIGIOUS -- STUDIES SITES456 -- EAST ASIAN ART, GEOGRAPHY, HISTORY, AND/OR -- CULTURE SITES 466 -- OTHER ASIAN INTEREST WEB-SITES 471 -- CHINA471 -- JAPAN 480 -- KOREA 481 -- SINGAPORE 486 -- DISCUSSIONAND/OR NEWS GROUPS 486 -- ONLINE (ELECTRONIC) JOURNALS AND NEWSLETTERS488 -- EAST ASIAN ENGLISH-LANGUAGE NEWSPAPERS 494 -- LIBRARIES AND/OR UNIVERSITY WEB-PAGES496 -- SEARCH ENGINES 501 -- INDEX 503. (shrink)

Borrowing from the title and some of the content of Karl Popper's The Open Society and its Enemies, it is argued that museums have great value as sites for what may be called a philosophical culture. A philosophical culture is one in which members or citizens engage in fair-minded debate and shared reflection, presenting and evaluating reasons for different positions particularly as these have relevance for matters of governance. In a philosophical culture, persuasion is almost always a matter of (...) seeking to provide reasonable grounds for adopting some position without resorting to violence or physical force.A philosophical culture is, in turn, an important foundation for a democratic culture and republic. A philosophy of museums emerges, a model we shall call the Philosophical Culture Museum Model. This concept is stipulative and ideal in the sense that it presents a paradigm of a museum with great virtue and promise. It must be confessed, however, that, historically, this is an emerging concept of the role of museums and one not evident in many of the museums in the early modern era or today. Reasons are offered as to why the time may be right to recognize the philosophy of museums as a particular sub-field in the overall practice of philosophy. (shrink)

According to many theories of testimony, acts of testimony confer certain epistemic rights upon recipients, e.g., the right for the recipient to complain or otherwise hold the testifier responsible should the content of that testimony turn out to be false, and the right to “pass the epistemic buck”, such that the recipient can redirect relevant challenges they may encounter back to the testifier. While these discussions do not explicitly exclude testimonial acts that occur online, they do not specifically (...) address them, either. Here, then, I will ask the following questions: do the differences between communicating in online and offline spaces affect our testimonial epistemic rights, and if so, how? While there is no singular “online space”, here I will focus on such spaces in which users communicate with one another, and in which communicated information can be vetted by other users (for example, social media). I argue that the characteristics of online testimony should make us think about testimonial epistemic rights differently, in two ways. First, whereas such rights have traditionally been conceived of as existing between the recipient and testifier, in many different types of online communication these rights exist between the recipient and a community. This is a result of the fact that online testimony is mediated, and in some cases partially determined by, a community of users. As such, testimonial epistemic rights in online spaces may be widely extended: while the original testifier still bears the brunt of responsibility for challenges, and is the primary buck-passee, all other members of the relevant community will also bear some such responsibilities. Second, the grounds of testimonial epistemic rights may differ in online spaces. Existing theories tend to ground such rights either in assurances provided by the testifier, or else norms that govern speech acts. I argue that testimony in online spaces should cause us to look to a third option, what I call norms of information sharing. The idea is that, given the highly social nature of online communication, a recipient acquires testimonial epistemic rights in virtue of having a reasonable expectation that information that is shared and vetted by the community meets certain standards. The grounds of online testimonial epistemic rights, then, is not primarily interpersonal or norms-based, but social. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Environment 7.2 (2002) 194-196 [Access article in PDF] The Body Toxic: An Environmental Memoir by Suzanne Antonetta. Washington, D.C.: Counterpoint, 2001. Pp. 242. Hardback $26; paper $15.00. ISBN 1-5824-3209-0. Memoirs rely on the power of recollection to reproduce the inward texture of experience. Autobiographies cast their authors as historians of the self, combing through documents and old letters, checking facts. In her first prose work, (...) the accomplished poet Suzanne Antonetta crosses the boundary between memoir and autobiography. Interweaving the rough textures of memory with slick surfaces of corporate data, she gives us a lyric meditation on the struggle to become undeceived. Recounting both the facts of corporate malfeasance and our fantastic capacity to filter our reality, she captures the relation between failures of understanding and failures of responsibility. She shows us how difficult it is to accept an unofficial truth. The Body Toxic is a thoughtful and obsessively readable contribution to environmental ethics.Antonetta tells us of childhood exposure to toxic wastes in a penurious and neglected corner of Barnegat Bay. She writes in retrospect, with painfully acquired knowledge of cancer clusters and disease-ridden families. [End Page 194] Her own body's malformed reproductive organs, riddled with tumors, prove spectacularly and tragically infertile when quadruplets spontaneously abort. Sharp backward glances at childhood pleasures; crabbing, berrying, and running through the sweet-smelling spray of DDT, twist us around. Children of the 1960s trail through pesticide as if the weekly truck brought some poisonous ice cream. The mosquitoes thrived: what happened to the children? We revisit these scenes obliquely. Denzer-Schaefer empties its effluent into the bay, cost-efficient Ciba-Geigy rids their chemical wastes through a pipe running straight into the woods, the local farm has become an illegal toxic dump for an unscrupulous contractor. Fire at a nearby nuclear weapons silo has hapless firemen spraying radioactive water into the air. The government responds: they build a chain link fence around the site. A nuclear power plant of the 'old-school' emanates levels of radioactivity to rival Chernobyl. The plant managers assiduously cover it up. This is not some national catalogue of Superfund sites: all take place within a dozen or so miles of a childhood summer house in New Jersey. These shards of a case study are scattered throughout Antonetta's non-linear narrative, piecing together experience, cause and effect.But this work is more ethically and artistically ambitious than the artificial clarity of case studies. Powerfully, Antonetta shows us the inner tangle of toxic mental life: the depression, listlessness, confusion, and self-medication of barely cognized symptoms. Self-clouding toxicity affects both the body and the mind. She fears that she and other family members are not right in the head. How far can she trust herself, and how far can she trace the causes? Is it heredity? Is it toxicity? Has toxic exposure potentiated some family trait? She reads out strings of hazardous chemicals like a rosary, overdetermining all of her symptoms. The distance between cause and effect shields the guilty. Strong toxicity undermines the ability of its victims to understand and act. The Body Toxic is part case study, part phenomenology of altered consciousness, and all too human. A course in environmental ethics could make imaginative use of its insights into a wide range of anthropocentric concerns. Antonetta considers questions of environmental justice, religious beliefs about the natural order, environmental responsibility and property rights, nuclear risk, and cost-benefit analysis in multi-dimensional form, an entry point for philosophical reflection. The Body Toxic is stimulating, controversial, and beautifully written.Many great works of literature signal their ethical intent by fostering a sense of identification with their subjects or protagonists. Antonetta's deft [End Page 195] blunt portraiture expands our moral sensibility by showing us how to be concerned for people with whom we are not meant to identify. The story begins before the beginning, with Antonetta's immigrant family. They are strangely familiar and not entirely sympathetic people, isolated between first generation immigrant cultures and fantasies of prosperous America, clinging to islands of... (shrink)

Various domains of life widely recognise the concept of human rights. Regardless of one's spiritual beliefs or background, individuals possess an inherent understanding of their fundamental rights. This knowledge of human rights originates from Allah, who has communicated it through various messengers, including the esteemed Prophet Muhammad ﷺ. This study focuses on examining the religious perspective on basic human rights in order to establish a comprehensive understanding of these rights. There are two revelations: This study (...) employs a linguistic descriptive analysis approach to evaluate the Holy Quran and the guidance of the Prophet. The study primarily focuses on conducting a content analysis and descriptive analysis of case studies and literary insights found in the Holy Quran and the Prophet's ﷺ guidance. The goal is to extract as much content as possible about human rights. The study has identified four major themes defined by the Holy Quran and the Prophet's ﷺ guidance. The study has improved our understanding of key human rights concepts and suggests that future scholars concentrate on assessing other fundamental rights that the two revelations under investigation have illuminated. (shrink)

Considering the whole _corpus_ of Mary Wollstonecraft’s writings, this paper focuses on her view of rights, seen as moral claims and rhetoric tools. Firstly, it is argued that, in the author’s perspective, their technical and judicial dimension is peripheral, where “rights” are human features within a religious conception of life. Secondly, some consequent aspects are analysed, such as the rights’ effectiveness, their nature, their content and their entitlement.

The administration or recognition of religious courts is a form of religious accommodation present in many constitutional states today commonly analysed in legal pluralism terms. This article contributes to the further analysis of the relationship between legal pluralism and rights in religiously diverse societies by examining the status of state religious courts and their interaction with state non-religious courts. In particular, I examine what Cover calls “jurisdictional redundancies” between the courts and conceptualize the allocation of power between religious and (...) non-religious courts as a potentially productive site of interlegality. In doing so, I support concurrent jurisdictional allocations, arguing that exclusive jurisdiction could result in what I call an interlegal gap, whereby instead of inter-penetration of norms and production of reconciliatory principles, there is a justice gap whereby litigants may find themselves unable to obtain appropriate legal recourse including when neither court is willing to assume jurisdiction over the matter. This requires us to see the relationship between religious courts and non-religious courts through the more mundane but more practical lens of jurisdictional overlaps and competition, rather than through the more abstract framing of normative or even civilizational clashes. Accordingly, I argue that concurrent jurisdiction and interlegality have greater potential to strike a balance between individual and group rights and could be more protective of religious diversity. In other words, I argue for a closer, rather than a more separate, relationship between religious and non-religious courts, while denying that a hierarchical relationship where religious courts are subordinated to non-religious courts is the only way to protect rights. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:342 BOOK REVIEWS (5) What follows for the " critical " and " systematic " dimensions of theology, if, accepting Balthasar's centering of thought in (the paradoxes of) love and beauty, one sees mystery, metaphor, concrete imagery, and indeed "myth" as essential and not "accidental" to all theological meaning? In opening up these questions, O'Hanlon's important book identifies the areas where dialogue with Balthasar's work might best begin, (...) even as it makes its own constructive contribution to theology. John Paul II Institute Washington, D.C. DAVID L. SCHINDLER Goodness and Rightness in Thomas Aquinas's Summa Theologiae. By JAMES F. KEENAN, S.J. Washington, D.C.: Georgetown University Press, 1992. Pp. xii + 212. $25.00 (paper). James Keenan says that he began his work on this book " believing the simple presupposition that goodness describes persons and rightness describes actions" (p. ix). The main focus of the study is the question of whether and to what extent this distinction can be found in the work of Aquinas. The author holds that the understanding of the relation of reason and will in the early work of Aquinas precludes the distinction of goodness and rightness held by the author and other contemporary moralists. Keenan claims, however, to find in the Prima Secundae of the Summa Theologiae a significant shift in Aquinas's notion of the will and its relation to reason, a shift toward an " autonomous will." Keenan states in the Introduction: "The will's autonomy is a necessary condition for understanding moral goodness "; indeed he proceeds to note that " without it there can be no distinction " between goodness and rightness (pp. ix-x). Before commenting on Keenan's work I will first briefly summarize the basic points of the book. The book is divided into four parts. In the first part we see the distinction between goodness and rightness. Keenan explains the distinction: Goodness and badness describe whether or not we strive to the extent we are able to attain rightness in our lives and actions. Rightness and wrongness describe whether or not we attain the end that reason dictates is proper and necessary for our lives and actions (p. ix). Keenan finds the foundation for this distinction in the reasoning of G. E. Moore. A person's actions can he judged right or wrong independently of a consideration of the person's motives. For instance, a BOOK REVIEWS 343 right action might be performed by a good person or by a bad person, the goodness or badness being determined by the motive. There are, then, two distinct moral descriptions; one, goodness or badness, pertains to persons and the other, rightness and wrongness, pertains to actions. Keenan joins several contemporary moral theologians in claiming something which Moore did not, namely, that " a person who performs a wrong action can be called good for performing the action" (p. 6). This assertion is based upon an understanding of goodness as determined " antecedent to action " (p. 15), and likewise as " antecedent to and distinct from rightness" (p. 7). Moral goodness is determined by the motivation, and motivation alone, of the person acting (p. 14). For example, does the person act out of love for God and neighbor, or rather out of a desire for self-aggrandizement? Jn question here is what Keenan calls the " fundamental, formal self-movement of the agent" (p. 14). Rightness on the other hand is a moral description determined by the measure of reason. It describes actions, and can also describe the agent, in terms of right order in relation to the end of human life. In Part II (the second and third chapters) Keenan turns to the supposed shift in the thought of Aquinas regarding reason and will. Keenan finds the early position of Aquinas incompatible with the distinction of goodness and rightness, but the later position compatible with the distinction. Keenan also presents Aquinas's distinction between specification and exercise in the act of the will as crucial to the distinction between goodness and rightness. I will return to this point shortly. Part III (the fourth and fifth chapters) considers Aquinas's treatises on the human act and moral virtue found in Summa Theologiae I-II. Keenan holds that... (shrink)

Rights are commonly distinguished in African ethics from Western rights according to the distinct ideas of personhood which ground them. However, this sacrifices universality for cultural specificity. Against this approach, I argue that universal rights are better supported by consensual rights recognition. I show how normative justification of rights from consensual recognition is consistent with deliberative ideas of justice in African ethics. Africanist criticism, of individualist bias in Eurocentric interpretations of rights, supports the contention (...) that rights are justified between people, not in personhood. Consensually accredited, recognized critical norms are preferable to rules derived from personhood, for the normative justification of universal rights from African ethics. (shrink)

In today’s social online world there is a variety of interaction and participatory possibilities which enable web users to actively produce content themselves. This user-generated content is omnipresent in the web and there is growing evidence that it is used to select or evaluate professionally created online information. The present study investigated how this surrounding content affects online advertising by drawing from social influence theory. Specifically, it was assumed that web users sharing an interpersonal relationship and/or a (...) group membership with authors of user-generated content which appears next to advertising on the web page are more strongly influenced in their response to the advertising than unrelated users. These assumptions were tested in a 2 × 2 between-subject experiment with 118 students who were exposed to four different Facebook profiles that differed in terms of interpersonal connection to the source and collective connection to the source. The results show a significant impact in the case of collective influence, but not in the case of interpersonal influence. The underlying mechanisms of this effect and implications of the results for online advertising are discussed. (shrink)

Many caricaturists get the idea for their caricature from current issues of society. The philosophy of the caricature lies in the opinion it presents, which discusses society’s goals, culture, and crises, and it is represented in an ironic way to deliver its visual message. The fight for women’s rights, inequality, and discrimination are examples of issues concerning Saudi women that have been represented by several caricaturists. Hence, the aim of this paper is to investigate female and male caricaturists’ linguistic (...) and semiotic representation of Saudi women’s challenging issues. Following (Kress and Van Leeuwen. 2006. Reading images: The grammar of visual design, 2nd edn. London: Routledge), a social semiotic multimodal approach to the analysis is adopted in this study, which is drawn from Halliday’s social semiotic theory. Twenty caricatures were carefully selected based on the content and the issues that are being discussed in the caricatures with a consideration of their relation to the aim of the study. The present study contributes to enriching Saudi women’s rights in relation to Saudi Vision 2030. The research is significant in that, in examining women/male caricaturists’ representations of the challenges and opportunities of Saudi women empowerment prior/after Saudi Vision 2030 in the workplace, social life, it contributes to understanding the supportive caricature discourse, basic social values for Saudi women, the pressures they undergo, and the success they have achieved so far in attaining their rights. The study findings show that both the semiotic and verbal elements of the caricatures were significant in delivering the messages for women’s rights in the new Saudi. (shrink)

The concept of human dignity plays an important role in the public discussion about ethical questions concerning modern medicine and biology. At the same time, there is a widespread skepticism about the possibility to determine the content and the claims of human dignity. The article goes back to Kantian Moral Philosophy, in order to show that human dignity has in fact a determinable content not as a norm in itself, but as the principle and ground of human (...) class='Hi'>rights and any deontological norms in biomedical ethics. When it comes to defining the scope of human dignity, i.e., the question which entities are protected by human dignity, Kant clearly can be found on the “pro life”-side of the controversy. This, however, is the result of some specific implications of Kant’s transcendental approach that may be put into question. (shrink)

Notwithstanding the expectations related to the ‘invasion’ of human rights into the field of healthcare, the complexity of this field raises some problematic questions about the applicability of such a legal instrument. The present paper analyses the possible limits to the content of the core right to healthcare. These limits are discussed through the examination of two normative pillars of health law: the right to individual self-determination (or the principle of individual autonomy) and the right to healthcare itself. (...) The authors conclude that in the context of the scarcity of resources the effectiveness of the guarantees of the right to healthcare will depend on the narrowing of the concept of the right by choosing the biomedical definition of health as the basis. (shrink)

Gewirth has argued that rights are justified by their role in the “generic features” of action. Simply by virtue of being a purposive agent capable of voluntary action, one must accept the logic that all persons with such characteristics have certain moral rights. But the language of rights theories does not deal with the process by which rights are acknowledged. How do we go about recognizing those characteristics of human life that underlie the logic Gewirth claims (...) is necessary? By what process do I recognize, for example, your “right” to be told the truth? Acknowledging someone else's right involves two elements: a recognition of the content of the right and a recognition of the binding power of the right which is experienced by the agent as a sense of obligation. Analyzing the process by which these two factors are recognized and examining the foundation for that process will clarify some of the assumptions utilized in rights theories. (shrink)

In this exploratory study, we examine political polarization regarding the online discussion of the COVID-19 pandemic. We use data from Reddit to explore the differences in the topics emphasized by different subreddits according to political ideology. We also examine whether there are systematic differences in the credibility of sources shared by the subscribers of subreddits that vary by ideology, and in the tendency to share information from sources implicated in spreading COVID-19 misinformation. Our results show polarization in topics of discussion: (...) the Trump, White House, and economic relief topics are statistically more prominent in liberal subreddits, and China and deaths topics are more prominent in conservative subreddits. There are also significant differences between liberal and conservative subreddits in their preferences for news sources. Liberal subreddits share and discuss articles from more credible news sources than conservative subreddits, and conservative subreddits are more likely than liberal subreddits to share articles from sites flagged for publishing COVID-19 misinformation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Index to Volume Fifty-SixArticlesBernier, Bernard, National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, 1 : 84-105Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, Chai-sik Chung, 2 : 253-280Buxton, Nicholas, The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, 3 : 392-408Chan, Sin Yee, The Confucian Notion of Jing (Respect), Sin Yee Chan, 2 (...) : 229-252Chong, Kim-chong, Zhuangzi and the Nature of Metaphor, 3 : 370-391Chung, Chai-sik, Between Principle and Situation: Contrasting Styles in the Japanese and Korean Traditions of Moral Culture, 2 : 253-280The Confucian Ideal of Harmony, Chenyang Li, 4 : 583-603The Confucian Notion of Jing.(Respect), Sin Yee Chan, 2 : 229-252The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? Jay L. Garfield, 2 : 201-228The Crisis of Knowledge in Islam (I): The Case of al-'āmirī, Paul L. Heck, 1 : 106-135The Crow and the Coconut: Accident, Coincidence, and Causation in the Yogavāiṣṭha, Nicholas Buxton, 3 : 392-408De Reu, Wim, Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, 2 : 281-300The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhaga-vadgītā, Christopher Framarin, 4 : 604-617Framarin, Christopher, The Desire You Are Required to Get Rid of: A Functionalist Analysis of Desire in the Bhagavadgītā, 4 : 604-617Garfield, Jay L., The Conventional Status of Reflexive Awareness: What's at Stake in a Tibetan Debate? 2 : 201-228Heck, Paul L., The Crisis of Knowledge in Islam (I): The Case of al-'ā mirī, 1 : 106-135Heidegger's Comportment toward East-West Dialogue, Lin Ma and Jaap van Brakel, 4 : 519-566Ho, Chien-hsing, Saying the Unsayable, 3 : 409-427Kantor, Hans-Rudolf, Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538-597) Tiantai Buddhism, 1 : 16-68Lai, Karyn, Li in the Analects: Training in Moral Competence and the Question of Flexibility, 1 : 69-83Li, Chenyang, The Confucian Ideal of Harmony, 4 : 583-603Li in the Analects: Training in Moral Competence and the Question of Flexibility, Karyn Lai, 1 : 69-83Ma, Lin, and Jaap van Brakel, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566National Communion: Watsuji Tetsurō's Conception of Ethics, Power, and the Japanese Imperial State, Bernard Bernier, 1 : 84-105Ontological Indeterminacy and Its Soteriological Relevance: An Assessment of Mou Zongsan's (1909-1995) Interpretation of Zhiyi's (538- 597) Tiantai Buddhism, Hans-Rudolf Kantor, 1 : 16-68Right Words Seem Wrong: Neglected Paradoxes in Early Chinese Philosophical Texts, Wim De Reu, 2 : 281-300The Role of Time in the Structure of Chinese Logic, Jinmei Yuan, 1 : 136-152Sakya Pandita and the Status of Concepts, Jonathan Stoltz, 4 : 567-582Saying the Unsayable, Chien-hsing Ho, 3 : 409-427Schiltz, Elizabeth, Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, 3 : 451-468Spackman, John, The Tiantai Roots of Dōgen's Philosophy of Language and Thought, 3 : 428-450Stevenson, Frank W., Zhuangzi's Dao as Background Noise, 2 : 301-331Stoltz, Jonathan, Sakya Pandita and the Status of Concepts, 4 : 567-582The Tiantai Roots of Dōgen's Philosophy of Language and Thought, John Spackman, 3 : 428-450 [End Page 709]Two Chariots: The Justification of the Best Life in the Katha Upanishad and Plato's Phaedrus, Elizabeth Schiltz, 3 : 451-468van Brakel, Jaap, and Lin Ma, Heidegger's Comportment toward East-West Dialogue, 4 : 519-566Yuan, Jinmei, The Role of Time in the Structure of Chinese Logic, 1 : 136-152Zhuangzi and the Nature of Metaphor, Kim-chong Chong, 3 : 370-391Zhuangzi's Dao as Background Noise, Frank W. Stevenson, 2 : 301-331Book NotesFenner, David E. W., Introducing Aesthetics (note by James McRae), 3 : 515-516Introducing Aesthetics, by David E. W. Fenner (note by James McRae), 3 : 515-516McRae, James, a book... (shrink)

The purpose of the present article is to analyse South African listed companies' public reporting in order to contribute to our understanding of how and why companies consider human rights. The empirical analysis is placed in the context of the increasing prominence of human rights as a business issue, premised in part on the activities of the United Nations (UN) Special Representative of the Secretary General (SRSG) on human rights and business. On the basis of a (...) class='Hi'>content analysis of the public reports of the top 100 companies listed on the Johannesburg Stock Exchange (JSE), we test hypotheses focused on the antecedents of companies' demonstrated human rights due diligence, with particular reference to assumptions or findings of the SRSG and institutional theory. Some of our results are unexpected: there is little influence exerted by the sector and size of companies in our sample, and there is also an unexpectedly insignificant impact of company participation in the UN Global Compact and the JSE Socially Responsible Investment Index. On the other hand, a key predictor of human rights due diligence is an explicit leadership commitment, and important roles are also played by government regulations and stock exchange listing rules. (shrink)

This paper reports original data on contentious challenges, especially protests, focused on human rights in seven Latin American countries from 1981 to 1995. An analysis reveals that human rights contentious challenges are most prevalent where human rights abuses are worse and authoritarianism is present and in countries that are more urbanized. However, the incidence of such human rights contentious challenges is not related to the number of human rights organizations in the country. Results also suggest (...) two different types of human rights contention. National human rights movements, present in Argentina and Guatemala, involved HROs and demanded improvements in the national human rights situation. The other form is ancillary human rights protest, in which human rights challenges are led by a variety of groups, focus on repression particular to the groups involved and are either short-lived or part of a more general wave of opposition. This form of contention was more prevalent in Brazil, Chile, Mexico, Nicaragua, and Venezuela. (shrink)

In this chapter, Macnish and Asgarinia introduce current thinking and debate around issues of privacy as these relate to the media. Starting with controversies over the definition of privacy, they consider what the content of privacy should be and why it is we consider privacy to be valuable. This latter includes the social implications of privacy and the only recently-recognised concept of group privacy, contrasting it with individual privacy, as well as legal implications arising through laws such as the (...) European Union’s General Data Protection Regulation, concerning the collection of personal data and data subjects’ rights. Finally they turn to specific instances of privacy consideration in the media. These include: -/- The use of telephoto lenses to take pictures of celebrities at a distance without those celebrities’ permission (and the related question as to what is a reasonable expectation of privacy when in a public place); -/- Sharing information on social media (and the related question of whether those who share their data on social networking sites care about their privacy), as well as the availability of data online to research, even though that data has not always been posted for the purposes of research; -/- The challenges posed by anonymity online, including the trade-off between free expression and offensive expression; -/- Hacking and the meaning of fishing expeditions as a practice by the media and exploring what, if anything, is wrong with these; -/- The implications of invading the privacy of politicians, both as a defence of democracy and as a threat to democracy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Contemporary IlluminationsReading Donne's "A Nocturnall upon S. Lucies Day through Three Twenty-First-Century PoemsTheresa M. DipasqualeIn his contribution to the 2017 volume John Donne and Contemporary Poetry, edited by Judith Scherer Herz, Jonathan F. S. Post explores "a nearly endless landscape of comparisons and contrasts" that unfolds between Stephen Edgar's 2008 poem "Nocturnal" and Donne's "A nocturnall upon S. Lucies day, Being the shortest day."1 Post's essay illuminates what (...) Calvin Bedient, in the same volume, calls the "great glacier-gloom" of Donne's "Nocturnall," its devastated "solemnity."2 In doing so, Post renders largely moot many questions that have preoccupied critics of Donne's poem: whether or how this poem reflects Donne's experience; whether the woman lamented by the speaker is a fiction or a historical person lamented by the poet; and if the latter, whether the poem mourns the 1617 death of John Donne's wife, Anne More Donne; the 1627 death of Donne's patroness Lucy, Countess of Bedford; or the Countess' near-fatal illness in 1612–13.3 These biographical and historical questions are not without value, but they draw the critic's attention away from more compelling questions regarding the "I" of the poem—a persona who claims not to be a person at all, but an inscription, a grave, "A quintessence" derived or "expresse[d]/... even from nothingnesse."4In this article, I widen and intensify the pool of light cast on Donne's "Nocturnall" by Post's presentist and intertextual analysis of Edgar's poem, examining three of the many other twenty-first-century poems that tap into Donne's poem, allude to it, quote it, adopt its structure, or respond to the anguish it expresses.5 Each of the three I discuss is [End Page 1] luminous in its own right but also a potent critical response to Donne's five-stanza poem. Each teaches something different about Donne's lyric. The poets whose work I consider—Liz Lochhead, Jay Wright, and Meena Alexander—all address twenty-first-century concerns; they grapple with questions and sorrows beyond the scope of Donne's conscious imagining yet latent in his poem. Each picks up where critics leave off when they "assume," as Alison R. Rieke notes, "that the speaker... is a husband or lover, possibly Donne, who experiences grief upon his wife's or mistress' death."6 Each takes up the challenge that Donne's persona issues when it denies that it is either "a man" (30) or any other living thing.In the first stanza of "A Nocturnall upon S. Lucies Day," this anti-persona observes that "all" other things around it are "Dead and enterr'd" and "yet" that "all these seeme to laugh, / Compar'd with mee, who am their Epitaph" (8–9). If it is an incised text rather than a human being, the poem's "mee" can no more speak than laugh; it is as silent as the grave it marks or as the dead flesh interred there. Indeed, it goes on to claim that it is "every dead thing" and that love's alchemical "art" has "expresse[d] / A quintessence even from" this mass of nonliving objects, this "nothingnesse" (12, 14–15). Struggling to define its anti-essential essence, it declares itself a mass burial site: "I, by loves limbecke, am the grave / Of all, that's nothing" (21–22). An epitaph, dead things, nothingness, a grave: all these are silent. And yet, in Donne's poem, they strenuously assert their nonbeing; they pulse with a paradoxically audible sense of self. After "Compar'd with mee" in the final line of the opening stanza, the reader encounters sixteen additional instances of the first-person singular in the poem's forty-five lines: "my" appears once, "mee" five times, and "I" eleven times. And the "I" issues a directive to readers: commanding, in the opening line of stanza 2, "Study me then, you who shall lovers bee" (10). But those who obey this order, making themselves students of the poem's inscribed nothingness, find themselves dismissed in the poem's final stanza. Having insisted that its "Sunne" will never "renew... (shrink)