In the first edition of Radical Ecology --the now classic examination major philosophical, ethical, scientific, and economic roots of environmental problems--Carolyn Merchant responded to the profound awareness of environmental crisis which prevailed in the closing decade of the twentieth century. In this provocative and readable study, Merchant examined the ways that radical ecologists can transform science and society in order to sustain life on this planet. Now in this second edition, Merchant continues to emphasize how laws, regulations (...) and scientific research alone cannot reverse the spread of pollution or restore our dwindling resources. Merchant argues that in order to maintain a livable world, we must formulate new social, economic, scientific, and spiritual approaches that will fundamentally transform human relationships with nature. She analyzes the revolutionary ideas of visionary ecologists for a new economy, society, science, and religion, and examines their efforts to bring environmental problems to the attention of the public. This new edition features a new Introduction from the author, a thorough updating of chapters, and two entirely new chapters on recent global movements and globalization and the environment. It is a timely update that will give students everything they need to know on the most recent philosophical positions and social movements that characterize the radical ecology spectrum. (shrink)

How and why have Americans living at particular times and places used and transformed their environment? How have political systems dealt with conflicts over resources and conservation? This is the only major reference work to explore all the major themes and debates of the burgeoning field of environmental history. Humanity´s relationship with the natural world is one of the oldest and newest topics in human history. The issue emerged as a distinct field of scholarship in the early 1970s and has (...) been growing steadily ever since. The discipline´s territory and sources are rich and varied and include climactic and geological data, court records, archaeological digs, and the writings of naturalists, as well as federal and state economic and resource development and conservation policy. Environmental historians investigate how and why natural and human-created surroundings affect a society´s development. Merchant provides a context-setting overview of American environmental history from the beginning of the millennium; an encyclopedia of important concepts, people, agencies, and laws; a chronology of major events; and an extensive bibliography including films, videos, CD-Roms, and websites. This concise "first stop" reference for students and general readers contains an accessible overview of environmental history; a mini-encyclopedia of ideas, people, legislation, and agencies; a chronology of events and their significance; and a bibliography of books, magazines, and journals as well as films, videos, CD-ROMs, and online resources. In addition to providing a wealth of factual information, The Columbia Guide to American Environmental History explores contentious issues in this much-debated field, from the idea of wilderness to global warming. (shrink)

How and why have Americans living at particular times and places used and transformed their environment? How have political systems dealt with conflicts over resources and conservation? This is the only major reference work to explore all the major themes and debates of the burgeoning field of environmental history. Humanity´s relationship with the natural world is one of the oldest and newest topics in human history. The issue emerged as a distinct field of scholarship in the early 1970s and has (...) been growing steadily ever since. The discipline´s territory and sources are rich and varied and include climactic and geological data, court records, archaeological digs, and the writings of naturalists, as well as federal and state economic and resource development and conservation policy. Environmental historians investigate how and why natural and human-created surroundings affect a society´s development. Merchant provides a context-setting overview of American environmental history from the beginning of the millennium; an encyclopedia of important concepts, people, agencies, and laws; a chronology of major events; and an extensive bibliography including films, videos, CD-Roms, and websites. This concise "first stop" reference for students and general readers contains an accessible overview of environmental history; a mini-encyclopedia of ideas, people, legislation, and agencies; a chronology of events and their significance; and a bibliography of books, magazines, and journals as well as films, videos, CD-ROMs, and online resources. In addition to providing a wealth of factual information, The Columbia Guide to American Environmental History explores contentious issues in this much-debated field, from the idea of wilderness to global warming. (shrink)

Introduction:Can nature be controlled?. Autonomous nature -- Greco-Roman concepts of nature -- Christianity and nature -- Nature personified : Renaissance ideas of nature -- Controlling nature. Vexing nature : Francis Bacon and the origins of experimentation -- Natural law : Spinoza on natura naturans and natura naturata -- Laws of nature :Lleibniz and Newton -- Epilogue : rambunctious nature in the twenty-first century.

Shared decision-making has become a new focus of health policy. Though its core elements are largely agreed upon, there is little consensus regarding which outcomes to prioritize for policy-mandated shared decision-making.

This article addresses the issue and practice of surrogacy in France. Surrogacy contracts are void under French law, and intermediaries, medical personnel, and in some cases, parents can be penaliz...

Powerful, technically complex international compliance regimes have developed recently in certain professions that deal with risk: banking (the Basel II regime), accountancy (IFRS) and the actuarial profession. The need to deal with major risks has acted as a strong driver of international co-operation to create enforceable international semilegal systems, as happened earlier in such fields as international health regulations. This regulation in technical fields contrasts with the failure of an international general-purpose political and legal regime to develop. We survey the (...) new global regulatory systems in the actuarial, banking and accounting fields, with a view to showing how the need to deal reasonably with risk has resulted in an international de facto law solidly based on correct abstract principles of probability. (shrink)

After the French Revolution, the codification movement led to the introduction of the Dutch Civil Code and the Commercial Code of 1838. These codifications were generally regarded as the bedrock of a dogmatic system in which little space was left for customs and customary law. Mercantile jurists, such as Holtius and Levy, were opponents of the legalistic approach of the new codifications. They tried to separate mercantile law from civil law in order to protect mercantile law from excessive legalistic influences. (...) According to them, mercantile law was characterised by internationality, custom as its main source of law, continuity through an extended mercantile legal history and by good faith and mutual trust between the merchants. Out of these, the historicity and homogeneity of a strong community of merchants are particularly in line with a traditional and conservative view on society. Holtius and Levy, however, had little in common with their Christian-conservative contemporaries. On the one hand, they rather seemed to foreshadow the kind of liberal-conservatism as expressed by Hayek during the 20th century. On the other hand, their ideas have much in common with different lex mercatoria –traditions developed by authors as Goldman and Schmitthoff. On the aspects of historicity and internationality Holtius and Levy seem to have much in common with Hayek whereas concerning communality and the legal nature of customary law there are more similarities with the lex mercatoria-traditions. (shrink)

This paper discusses the methodological relation between natural history and natural philosophy in the case of John Evelyn (1620–1706). I propose to examine Evelyn’s tree cultivation projects and to identify relevant aspects of his attempt to move from descriptive natural history to experimental natural history. My central argument is that Evelyn’s intention in this endeavour was to develop a series of experimental natural history projects that could provide general laws and axioms of nature as foundations for natural philosophy. I suggest (...) that, considering Bacon’s methodological recommendations regarding the relation between natural history and natural philosophy, Evelyn evolved from one “Baconian” role to another. While in the 1650s, Evelyn acted as a “merchant of light,” as he devoted interest to write natural history projects based on collecting data and commonplacing different sources, in the 1660s, he moved to an advanced role, that of a “compiler” or a “lamp,” in which he composed projects of experimental natural history. In Evelyn’s view, the latter kind of natural history would serve as a methodological step in building a natural philosophy. (shrink)

Early modern critics of materialism (and of associated doctrines like determinism and mechanism) sometimes employed a transcendental argument form. If materialism were true, then some valuable feature of reality could not exist; but that feature does exist; therefore materialism is false. Depending on current context and concerns, the valuable 'X' in question might be God, the soul, hell, objective morality, free will, conscience, truth, knowledge, social order, or justice and the law: all, in the critics' eyes, obvious and unchallengeable realities (...) which materialism would, impossibly, extinguish.1 As David Hawkes notes in his delightfully provocative essay, it is because Hell is so manifestly real, in both the play and its world, that Faustus manifestly refutes himself in telling Mephistopheles that it is a fable. The success of such transcendental arguments relies on the truth of both their premises: Hell really must exist, and Faustus's materialism must really be incompatible with its existence. Hawkes celebrates early modern moralists who focussed on the alleged worldly and carnal roots and consequences of 'philosophical materialism', who attacked its proponents as villainous, self-interested, and depraved. (shrink)

Two of the tales mentioned in the title are in many ways typical of the great collections of stories to which they belong. What makes them conspicuous is no doubt the intensity of the erotic desire presented as the ultimate law which justifies even the most outrageous actions. The cult of eroticism is combined there with a cult of youth, which means disaster for the protagonists, who try to combine eroticism with advanced age. And yet the stories in question have (...) roots in a very different tradition in which overt eroticism is punished and can only reassert itself in a chastened form, its transformation being due to sacrifices made by the lover to become reunited with the object of his love. A medieval example of the latter tradition is here the Middle English romance, Sir Orfeo. All of the three narratives are conspicuously connected by the motif of the enchanted tree. The Middle Ages are associated with a tendency to moralize ancient literature, the most obvious example of which is the French anonymous work Ovide moralisé, and its Latin version Ovidius Moralizatus by Pierre Bersuire. In the case of The Merchant’s Tale and The Tale of the Enchanted Pear-Tree, we seem to meet with the opposite process, that is with a medieval demoralization of an essentially didactic tradition. The present article deals with the problem of how this transformation could happen and the extent of the resulting un-morality. Some use has also been made of the possible biblical parallels with the tales in question. (shrink)

The law of the collegium of ivory and citrus-wood merchants is best known for its suspected prohibition against outsiders or non-practitioners. The present study argues that the regulation in question actually prohibits curatores from enrolling outsiders—the text curiously labels such an offense ‘fraud’. Rather than banning outsiders altogether, the law provides that only quinquennales shall have the authority to admit non-practitioners. It is still a rather unusual law, and since it conveys the impression that this collegium is wildly popular even (...) among non-practitioners, and headed by quinquennales who excel in the virtue of orderliness, its audience and function are both scrutinized here. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:diacritics 34.1 (2004) 3-17 [Access article in PDF] Universal Shylockery Money and Morality in The Merchant of Venice Simon Critchley Tom McCarthy What if Nietzsche were a Jew, and a mean-minded Venetian Jew at that? We'd like to begin with the thought experiment of imagining The Merchant of Venice as a genealogy of morality and imagining Shylock as Nietzsche. What is The Merchant of Venice about? (...) What is at stake in this oddly inside-out drama, where a piece of good old Elizabethan comic Jew-baiting rotates 180 degrees into a devastating study of Christian anti-Semitism only to flip back into what it seemed to deny? Our initial hypothesis is that it is nothing less than an inquiry into the origin of our moral concepts of justice, good and bad, and more particularly guilt, law, mercy, and love. It is here that a link with Nietzsche suggests itself, particularly with the Second Essay of On the Genealogy of Morals.* * *How do we breed an animal with the right to make promises? For Nietzsche, the human being is an originally forgetful creature, like a young child. To make this originally forgetful creature remember requires physical discipline; it behooves punishment. The teaching of morality is never gentle; it never droppeth from heaven like gentle rain. On the contrary, if something is to be retained in memory, it must be burned in. The origin of memory lies in pain and cruelty: "Man could never do without blood, torture and sacrifices when he felt the need to create a memory for himself" [GM 61]. Nietzsche's first, astonishing hypothesis in the Second Essay is that the origin of concepts like responsibility and conscience lies in cruelty—cruelty administered and maintained through a corporal and corporeal regime. Further, as religions are systems of cruelty, all forms of asceticism originate in the same painful place. "Consider the German punishments," Nietzsche proposes—and we all know that there's nothing quite like the German punishments: stoning, breaking on the wheel, piercing with stakes, tearing apart or trampling with horses, boiling in oil, flaying alive, cutting straps from the flesh, smearing the wrongdoer with honey and leaving him to the flies in the blazing sun. As Nietzsche quips, with magnificent understatement, "With the aid of such images and procedures one finally remembers five or six 'I will not's'" [GM 62]. It is on the basis of this burned-in memory of cruelty that good, decent, upright burghers such as ourselves acquired the habit of moral reasoning:Ah, reason, seriousness, mastery over affects, the whole sombre thing called reflection, all these prerogatives and showpieces of man: how dearly they have been bought! How much blood and cruelty lie at the bottom of all "good things." [GM 62] [End Page 3]"Dearly bought": let's hold onto that trope of purchasing. In another extraordinary passage of the Second Essay, Nietzsche explains the origin of thinking itself in terms of economic activity:Setting prices, determining values, contriving equivalences, exchanging—these preoccupied the earliest thinking of man to so great an extent that in a sense they are thinking [das Denken ist]. [GM 70] In the beginning was trade. Human activity begins with exchange, with the to and fro of buying and selling, which are forms of life older than all other social alliances and organization. It is from here, Nietzsche insists, that human beings arrive at the first moral canon of justice:"Everything has its price; all things can be paid for"—the oldest and most naïve moral canon of justice, the beginning of all "good-naturedness," all "fairness," all "good will," all "objectivity" on earth. [GM 70] Which brings us to the origin of das Bewusstsein der Schuld and schlechte Gewissen, the consciousness of guilt and bad conscience. Nietzsche's hypothesis here, and our theme is beginning to come into focus, is that the origin of guilty conscience lies in the relation between a creditor and debtor, Glaubiger und Schuldner. The spiritual concept of guilt, Schuld, originates in the very material concept of Schulden... (shrink)

Visionary quests to return to the Garden of Eden have shaped Western culture from Columbus' voyages to today's tropical island retreats. Few narratives are so powerful - and, as Carolyn Merchant shows, so misguided and destructive - as the dream of recapturing a lost paradise. A sweeping account of these quixotic endeavors by one of America's leading environmentalists, Reinventing Eden traces the idea of rebuilding the primeval garden from its origins to its latest incarnations in shopping malls, theme parks (...) and gated communities. With eloquence and insight, Merchant shows how the drive to conquer nature and to explore and settle the globe, springs from this utopian pastoral impulse throughout Western history. Time and again, human manipulation of the environment is our downfall: Eden is achieved by fencing off pristine beauty in national parks and wildlife preserves, while leaving the majority of the earth in ruins. Challenging both narratives, Merchant argues that the green veneer of city-park conservation has become a cover for the corruption of the earth and the neglect of its environment. Reinventing Eden is a bold new way to think about the earth that includes green political parties, sustainable development and a partnership between humans and earth that is nothing short of an ecological revolution. (shrink)

The fortunes and misfortunes of Shylock and Antonio are pervaded with economic and legal ideas. Both characters tend to overlap and confuse in several dimensions–the most celebrated one is to believe that the Jew is the merchant–and are alternatively victim and victimizer. The analysis of the play focusing in money and contract, economics and the law, market and morality, allows us to delve into the nuances of one of the most engaging characters in the history of literature and to (...) ponder the classical liberal message of justice and charity. (shrink)

Theory as History brings together twelve essays by Jarius Banaji addressing the nature of modes of production, the forms of historical capitalism and the varieties of pre-capitalist modes of production. Problematic formulations concerning the relationship of social-property relations and the laws of motion of different modes of production and his notion of merchant and slave-holding capitalism undermines Banaji’s project of constructing a non-unilinear, non-Eurocentric Marxism.

PHILOSOPHICAL PROBLEMS IN THE LAW is the perfect introduction to the philosophy of law. This collection of articles and cases helps you consider philosophical problems associated with the law through examples, case studies, and decision scenarios. Case examples and recent decisions such as Boumediene v. Bush (rights of Guantanamo detainees) and Brown v. Entertainment Merchants Association (freedom of expression and violent video games) coupled with new readings help you see the real-world relevance of what you are learning.

With the arrival of European explorers and settlers during the seventeenth century, Native American ways of life and the environment itself underwent radical alterations as human relationships to the land and ways of thinking about nature all changed. This colonial ecological revolution held sway until the nineteenth century, when New England's industrial production brought on a capitalist revolution that again remade the ecology, economy, and conceptions of nature in the region. In Ecological Revolutions, Carolyn Merchant analyzes these two major (...) transformations in the New England environment between 1600 and 1860. In a preface to the second edition, Merchant introduces new ideas about narrating environmental change based on gender and the dialectics of transformation, while the revised epilogue situates New England in the context of twenty-first-century globalization and climate change. Merchant argues that past ways of relating to the land could become an inspiration for renewing resources and achieving sustainability in the future. (shrink)

The medical profession has a tradition of presenting itself as exceptionally altruistic. This article challenges the idea that physicians are, or should be, more altruistic than other professionals or other people, and goes so far as to posit that even a professional aspiration of altruism can have negative consequences.

The AHP Code of Ethics requires members to serve the best interests of their clients, be clear and honest with them, and keep their secrets confidential. Members pledge to represent their skills and qualifications honestly and to make appropriate referrals to others more qualified when out of their depth.AHP stands for “Associated Hair Professionals,” or hair stylists, but their Code of Ethics looks a lot like the Hippocratic Oath and the current Principles of Medical Ethics of the American Medical Association. (...) All of these ethics statements emphasize honesty, confidentiality, competence, serving patients’ best interests, and willingness to refer to other qualified professionals. But it’s not just doctors and hair professionals who have Codes of Ethics. The SPCP — Society of Permanent Cosmetic Professionals —requires its members to “maintain high professional standards consistent with sound practices,” “conduct business relationships in a manner that is fair to all,” and avoid false or misleading statements to the effect that the application of permanent makeup is not tattooing, not permanent, and not painful. (shrink)

An examination of the Scientific Revolution that shows how the mechanistic world view of modern science has sanctioned the exploitation of nature, unrestrained commercial expansion, and a new socioeconomic order that subordinates women.

Reveals how the scientific revolution of the sixteenth and seventeenth centuries changed our view of the earth and argues that the advance of science set back the cause of women.

"To some scholars, Francis Bacon's writings have represented progress for humanity through science and technology. To others, his rhetoric has been problematical from the perspectives of women and the environment. The rise of modern science in the seventeenth century depended on a transition from occult to public knowledge of nature's secrets, from constraints against the penetration of nature's inner recesses to the assumption that nature herself was willing to reveal her own secrets. That Nature gendered as female held secrets that (...) could be extracted from her womb through "art and the hand of man" and that women held secrets that could be extracted through dissection of her womb and bosom were part of an emerging scientific method—the method of the constrained, controlled experiment that Bacon's rhetoric inspired and that has endured through his legacy. ". (shrink)

Fragmentary utterances such as short answers and subsentential XPs without linguistic antecedents are proposed to have fully sentential syntactic structures, subject to ellipsis. Ellipsis in these cases is preceded by A-movement of the fragment to a clause-peripheral position; the combination of movement and ellipsis accounts for a wide range of connectivity and anti-connectivity effects in these structures. Fragment answers furthermore shed light on the nature of islands, and contrast with sluicing in triggering island effects; this is shown to follow from (...) an articulated syntax and the PF theory of islands. Fragments without linguistic antecedents are argued to be compatible with an ellipsis analysis, and do not support direct interpretation approaches to these phenomena. (shrink)

By studying the many ways diverse peoples have changed, shaped, and conserved the natural world over time, environmental historians provide insight into humanity's unique relationship with nature and, more importantly, are better able to understand the origins of our current environmental crisis. Beginning with the precolonial land-use practice of Native Americans and concluding with our twenty-first century concerns over our global ecological crisis, _American Environmental History_ addresses contentious issues such as the preservation of the wilderness, the expulsion of native peoples (...) from national parks, and population growth, and considers the formative forces of gender, race, and class. Entries address a range of topics, from the impact of rice cultivation, slavery, and the growth of the automobile suburb to the effects of the Russian sea otter trade, Columbia River salmon fisheries, the environmental justice movement, and globalization. This illustrated reference is an essential companion for students interested in the ongoing transformation of the American landscape and the conflicts over its resources and conservation. It makes rich use of the tools and resources (climatic and geological data, court records, archaeological digs, and the writings of naturalists) that environmental historians rely on to conduct their research. The volume also includes a compendium of significant people, concepts, events, agencies, and legislation, and an extensive bibliography of critical films, books, and Web sites. (shrink)

Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its (...) own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law. (shrink)

The term ‘ellipsis’ can be used to refer to a variety of phenomena: syntactic, semantic, and pragmatic. In this article, I discuss the recent comprehensive survey by Stainton 2006 of these kinds of ellipsis with respect to the analysis of nonsententials and try to show that despite his trenchant criticisms and insightful proposal, some of the criticisms can be evaded and the insights incorporated into a semantic ellipsis analysis, making a ‘divide-and-conquer’ strategy to the properties of nonsententials feasible after all. (...) -/- Editor's comment: To find the contribution, please go to item 16 of the URL, which contains the full text. Professor Merchant has permitted this. (shrink)

Insurance law in the eighteenth century is often seen as a perfect illustration of the way commercial law emerged from a relationship between the judges and the merchants, with Lord Mansfield at the centre, drawing on mercantile custom. This view tends to subordinate the role of both the merchants and Parliament. Yet, merchants were involved in shaping the law not just as witnesses and jurors in Mansfield’s court, but also through their promotion of, and opposition to, legislation, and through the (...) ways in which business was conducted and disputes were resolved. (shrink)

The Death of Nature: Women, Ecology, and the Scientific Revolution, published in 1980, presented a view of the Scientific Revolution that challenged the hegemony of mechanistic science as a marker of progress. It argued that seventeenth‐century science could be implicated in the ecological crisis, the domination of nature, and the devaluation of women in the production of scientific knowledge. This essay offers a twenty‐five‐year retrospective of the book’s contributions to ecofeminism, environmental history, and reassessments of the Scientific Revolution. It also (...) responds to challenges to the argument that Francis Bacon’s rhetoric legitimated the control of nature. Although Bacon did not use terms such as “the torture of nature,” his followers, with some justification, interpreted his rhetoric in that light. (shrink)

One of the most startling, and hence theoretically challenging, properties of wh-movement in Sluicing is that it can move wh-phrases out of islands, an important observation which goes back to Ross (1969). Equally challenging is the fact that similar wh-movement out of VP Ellipsis sites remains for the most part illicit. Briefly put, it seems that for a wide range of cases, deletion of an IP containing an island voids the effect of that island for wh-movement, while deletion of a (...) VP containing an island does not. This chapter investigates one aspect of this puzzling dichotomy with respect to island repair, and attempts to show that an interesting and partly novel range of data follow if island deviancies come about due to illicit traces of intermediate movement, working in tandem with a constraint on ellipsis operative in structures that host wh-movement. I will argue that a wide range of islands are indeed active at PF, but not in the way that this claim has usually been understood thus far. Instead of the island node itself being responsible for the degradation in acceptability, I will show that the data support the idea that it is the traces of wh-movement outside the island itself which trigger a PF-crash. I begin with some relevant Background on Sluicing, given in section 6.1, before taking up the Sluicing data in section 6.2 and the VP Ellipsis facts in section 6.3. (shrink)