This article compares the means that the United States, France, and Japan use to oversee pharmaceutical industry-physician financial relationships. These countries rely on professional and/or industry ethical codes, anti-kickback laws, and fair trade practice laws. They restrict kickbacks the most strictly, allow wide latitude on gifts, and generally permit drug firms to fund professional activities and associations. Consequently, to avoid legal liability, drug firms often replace kickbacks with gifts and grants. The paper concludes by proposing reforms that address problems that (...) persist when firms replace kickbacks with gifts and grants based on the experience of the three countries. (shrink)

The Eurozone crisis has triggered profound political and economic changes across the debtor member states. This article shows how the crisis and the imposition of austerity policies by the Troika have forced Spain to pursue internal devaluation as a means of economic adjustment through the reduction of real wages, increased pressure for liberalizing labor market institutions, and given Spain’s conservative government the opportunity and cover to pursue radical neoliberal labor law reforms. Spain’s 2012 labor law reforms went well beyond external (...) demands. The crisis and the Troika’s policy demands generated mass unemployment, devastated Spain’s Socialist Party, and created the enabling conditions for economic reforms. But domestic partisan considerations led the conservative People’s Party to commandeer the crisis to weaken unions as the electoral and organizational base of the center-left opposition. The PP channeled reform into an attack on labor that decisively shifted power to employers. As organized labor relations were reduced to concession bargaining, real wages have plummeted for the vast majority of Spaniards, even as mass unemployment and economic stagnation persist. Analysis suggests the emergence of a winner-take-all economy that will have lasting consequences for the Eurozone and the European Union. (shrink)

This article builds on my previous article on Dirk H. Th. Vollenhoven (Ive 2015) and provides an overview of the development of the systematic philosophy of Herman Dooyeweerd. This article seeks to provide an overview of the key developments in the thinking of Dooyeweerd, both in the convergences arising from the conversation of the two brothers-in-law and long-term colleagues and in their divergences. Dooyeweerd and Vollenhoven worked within the tradition of Abraham Kuyper, the father of Reformational philosophy. The development of (...) their respective philosophical systematics has tended to be addressed separately. However, I argue that the close cooperation between the two philosophers was critical in the formulation of the philosophy of the cosmonomic Idea. The philosophical conversation between the two persisted, despite critical divergences, largely aired privately. Their respective insights remained a source of mutual stimulus and complementarity foundational for Reformational philosophy. (shrink)

Despite regulatory reforms aimed at inhibiting aggressive financial reporting, earnings management persists and continues to concern practitioners, regulators, and standard setters. To provide insight into this practice and how to mitigate it, we conduct an experiment to examine the impact of two independent variables on CFOs’ discretionary expense accruals. One independent variable, incentive conflict, is manipulated at two levels —i.e., the presence or absence of a personal financial incentive that conflicts with a corporate financial incentive. The other independent variable is (...) CFOs’ earnings management ethics, measured as their assessment of the ethicalness of key earnings management motivations. We find that incentive conflict and EM-Ethics interact to determine CFOs’ discretionary accruals such that in the presence of incentive conflict, CFOs with low EM-Ethics tend to give into the personal incentive by booking higher expense accruals; and in the absence of an incentive conflict, CFOs with low EM-Ethics tend to give into the corporate incentive by booking lower expense accruals. We also find support for a mediated-moderation model in which CFOs’ level of EM-Ethics influences their moral disengagement tendencies which, in turn, differentially affect their discretionary accruals, depending on the presence or absence of incentive conflict. Theoretical and practical implications of these findings are discussed. (shrink)

In this paper I argue that adopting a perdurance view of persistence through time does not lead to skepticism about moral responsibility, despite what many theorists have thought.

Theodicy: God or evil?: Irenaeus -- Augustine -- Thomas Aquinas -- John Hick -- Alvin Plantinga -- God and evil: Friedrich Nietzsche -- Richard Dawkins -- Divine hiddenness -- Rudolf Otto -- The Kabbalah -- Karl Barth -- Karl Rahner -- Empirical science -- A cultural, historical and literary survey: Does the devil exist? A persistent belief -- Stepping stones to Europe -- Demonology in medieval literary culture -- The Reformation: Two magisterial reformers: Martin Luther -- John Calvin -- (...) De-sacralisation -- The Catholic reform: Three outstanding reformers and conflict with the devil: Saint Ignatius Loyola -- Saint Teresa of Avila -- Saint John of the Cross -- The devil in the era of modernity: Poetry and literature in a new age -- Twentieth-century chronicles of evil -- Exorcism: A historical and theological analysis: Exorcism: The historical context -- Towards a theological assessment of exorcism -- Appendix: Towards a psychological analysis of possession and exorcism. (shrink)

The persistent failure of public schooling in low-income communities constitutes one of our nation's most pressing civil rights and social justice issues. Many school reformers recognize that poverty, racism, and a lack of power held by these communities undermine children's education and development, but few know what to do about it. A Match on Dry Grass argues that community organizing represents a fresh and promising approach to school reform as part of a broader agenda to build power for low-income (...) communities and address the profound social inequalities that affect the education of children. Based on a comprehensive national study, the book presents rich and compelling case studies of prominent organizing efforts in Chicago, New York City, Los Angeles, Denver, San Jose, and the Mississippi Delta. The authors show how organizing groups build the participation and leadership of parents and students so they can become powerful actors in school improvement efforts. They also identify promising ways to overcome divisions and create the collaborations between educators and community residents required for deep and sustainable school reform. Identifying the key processes that create strong connections between schools and communities, Warren, Mapp, and their collaborators show how community organizing builds powerful relationships that lead to the transformational change necessary to advance educational equity and a robust democracy. (shrink)

One of the central issues in comparative law and political economy is whether the forces of globalization will result in the convergence of public policies across countries. Noting in particular that taxes collected still cover a considerable range across industrialized countries — from a low of 20% of GDP to a high of 50% — some have argued that globalization has not resulted in a loss of tax sovereignty. However, following a review of the evidence, in this Article we conclude (...) that globalization has had significant but subtle effects on tax levels and structures. Moreover, these pressures will make it increasingly difficult for countries to raise revenue to finance new public needs and to structure their tax systems in order to achieve a more socially acceptable distribution of income than what market forces dictate. Tax levels in most countries have remained essentially flat over the past twenty years, but there is a host of reasons for thinking they would have continued to rise were it not for the pressures of globalization. Statutory corporate tax rates have declined dramatically and, although corporate tax revenues have remained robust, this has been due to factors unrelated to deliberate tax policy choices. Personal marginal tax rates have also declined sharply and tax revenues have been increasingly raised by regressive consumption taxes. These trends stem from tax competition brought on by the forces of globalization, not from changing ideas or other political variables. In this Article we conclude that in order to prevent tax competition from completely eroding the ability of countries to fashion their own tax systems, there will have to be considerable cooperation among the major countries and some harmonization of aspects of their tax systems, particularly as they apply to footloose factors of production. (shrink)

Generally the theist's defense against the argument from evil invokes the libertarian ideal. But this route is not open to compatibilist Reformed theologians. They must show either that God's possibly creating humans with a more perfect nature is either an impossibility or that his doing so violates some fundamental principle of value. I argue that the compatibilist Reformed theologian is unsuccessful in both. Specifically, in the latter case, there is no ground for thinking that redemption and its associated evil (as (...) found in the concept of a fortunate fall) are superior to persistent innocence. (shrink)

: The purposes of this critical analysis are to clarify why high stakes testing reforms have become so prevalent in the United States and to explain the connection between current federal and state emphases on standardized testing reforms and educational opportunities. The article outlines the policy context for high stakes examinations, as well as the ideas of testing and accountability as major tenets of current education reform and policy. In partial explanation of the widespread acceptance and use of standardized tests (...) in the United States, we argue that there is a pervasive testing culture, in addition to other contributing factors such as administrative utility, profit motives, and political ideology. Finally, we offer a critique of high stakes testing reforms in light of concerns about equality of educational opportunity. (shrink)

Does the Ship of Theseus present a genuine puzzle about persistence due to conflicting intuitions based on “continuity of form” and “continuity of matter” pulling in opposite directions? Philosophers are divided. Some claim that it presents a genuine puzzle but disagree over whether there is a solution. Others claim that there is no puzzle at all since the case has an obvious solution. To assess these proposals, we conducted a cross-cultural study involving nearly 3,000 people across twenty-two countries, speaking eighteen (...) different languages. Our results speak against the proposal that there is no puzzle at all and against the proposal that there is a puzzle but one that has no solution. Our results suggest that there are two criteria—“continuity of form” and “continuity of matter”— that constitute our concept of persistence and these two criteria receive different weightings in settling matters concerning persistence. (shrink)

"Best interests" is widely accepted as the appropriate foundation principle for medico-legal decisions concerning treatment withdrawal from patients in persistent vegetative state (PVS). Its application appears to progress logically from earlier use regarding legally incompetent patients. This author argues, however, that such confidence in the relevance of the principle of best interests to PVS is misplaced, and that current construction in this context is questionable on four specific grounds. Furthermore, it is argued that the resulting legal inconsistency is distorting (...) both the principle itself and, more particularly, individual patient interests. (shrink)

Some health care organizations allow physicians to withhold cardiopulmonary resuscitation from a patient, despite patient or surrogate requests that it be provided, when they believe it will be more harmful than beneficial. Such cases usually involve patients with terminal diagnoses whose medical teams argue that aggressive treatments are medically inappropriate or likely to be harmful. Although there is state-to-state variability and a considerable judicial gray area about the conditions and mechanisms for refusals to perform CPR, medical teams typically follow a (...) set of clearly defined procedures for these decisions. The procedures are based on the principle of nonmaleficence and typically include consultation with hospital ethics committees, reflecting the guidelines of relevant professional associations. Ethical debates about when CPR can and should be limited tend to rely more on discussions of theory, principles, and case studies than systematic empirical study of the situations in which such limitations are applied. Sociologists of bioethics call for empirical study, arguing that what ethicists and health professionals believe they are doing when they draft policies or invoke principles does not always mirror what is happening on the ground. In this article, we begin the task of modeling the empirical analyses sociologists call for, focusing on a cohort at Massachusetts General Hospital. We inductively analyzed ethics committee notes and medical records of nineteen patients whose surrogates did not accept the decision to withhold CPR. (shrink)

Behavioral economics has potential to offer novel solutions to some of today's most pressing public health problems: How do we persuade people to eat healthy and lose weight? How can health professionals communicate health risks in a way that is heeded? How can food labeling be modified to inform healthy food choices? Behavioral Economics and Public Health is the first book to apply the groundbreaking insights of behavioral economics to the persisting problems of health behaviors and behavior change. In addition (...) to providing a primer on the behavioral economics principles that are most relevant to public health, this book offers details on how these principles can be employed to mitigating the world's greatest health threats, including obesity, smoking, risky sexual behavior, and excessive drinking. With contributions from an international team of scholars from psychology, economics, marketing, public health, and medicine, this book is a trailblazing new approach to the most difficult and important problems of our time. (shrink)

This book compares the respective concepts of the law of nations put forward by the Spanish theologian Francisco Suárez and by the Dutch jurist Hugo Grotius. This comparison is based on the fact that both thinkers developed quite similar notions and were the first to depart from the Roman conception, which persisted throughout the entire Middle Ages and the early Renaissance. In Rome, jus gentium was a law that applied to foreigners within the Empire, and one which was often mistaken (...) for Natural Law itself. These two features can be found even in the works of writers such as Francisco de Vitória and Alberico Gentili. In Suárez and Grotius, the law of nations is applicable to an extra-national domain and inarguably becomes positive law. Yet, it also contains an ethical element that prevents it from transforming into a mere reflection of state interests. This work argues that this resemblance is hardly a coincidence: Grotius has read Suárez, and that influence has modified the foundations of his early thoughts on jus gentium. This should not be taken to imply that the Dutch jurist wasn't original: in both authors, the definition of the law of nations pursues his own internal logic. Nevertheless, Suárez's oeuvre allowed Grotius to solve a fundamental problem touched on in his early writings that had remained unanswered. Accordingly, his oeuvre promises to clarify one of the most significant moments in the History of International Law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Comment on Hospice of Washington's PolicyJohn A. Robertson (bio)The recent history of medical ethics may accurately be described as a history of coming to terms with personal autonomy and informed consent across the range of medical practice. Nowhere has this recognition been more important than in decisions to withhold or withdraw life-sustaining medical procedures from terminal and chronically ill patients.Despite the widespread acceptance of autonomy in these decisions, many (...) people—physicians, families, and policymakers—have balked at extending it to the withdrawal of artificially supplied fluids and nutrition. The symbolic connotations of food and water have led some persons to perceive cessation of medically-supplied fluids and nutrition to be a cruel, barbarous act, rather than the merciful respect for the dying patient that such withdrawal usually represents.Two recent events might help resolve the controversy, and ensure that decisions about artificial fluid and nutrition are handled like any other medical intervention—according to patient and family choice and patient welfare. One event is the Supreme Court decision in Cruzan (Cruzan v. Director of Missouri Department of Health, 110 S.Ct. 2841, 1990). Although the Supreme Court upheld Missouri's constitutional power to require artificial nutrition for a patient in a persistent vegetative state, its decision was not based on the symbolic importance of artificial fluids and nutrition. No Supreme Court justice saw a significant difference between medically-supplied nutrition and hydration and other medical interventions, thus allowing them to be discontinued either directly or by advance directive on the same basis as other medical interventions.The second event is the publication of the statement of "Philosophy Regarding Medical Intervention to Supply Fluids and Nutrition" by Hospice of Washington (or similar statements by other organizations). This statement is useful and important because it removes the issue of food and water from its symbolic overlay [End Page 139] and places it in the real context of dying hospice patients. It makes clear that the overriding consideration should be benefit to the patient "in accord with the patient's wishes or those of the appropriate surrogate(s) for the patient." Depending on those wishes and their impact on the patient, this position may or may not involve medically-supplied fluids and nutrition.This statement is also helpful in showing the medical complexity of such decisions in terms of their actual effect on dying patients. Rather than an either/or position, it recognizes that fluids may harm a dying patient by increasing discomfort, and that "persons near death do not ordinarily tolerate substantial volumes of enteral feedings." Thus rather than adhere to a symbolically-based position about the meaning of food and water to a dying patient, the important thing is to look to that patient's needs and give fluids or not, as the patient's wishes and situation demand.Fortunately, the law in most jurisdictions will recognize such a position. In those few jurisdictions that have made a fetish of artificial fluids and nutrition, the law should be changed, for the HOW statement makes clear that such a position may actually end up harming dying patients. Patient welfare should be privileged above all else, and patient welfare may often entail that fluids and nutrition not be medically supplied. Even then, however, caregivers will look to patient comfort and remedy dry mouths and lips with lubricants and ice chips.The HOW statement is, in my view, a very useful guideline not only for hospices but for hospitals, too—for any situation in which a patient is terminally ill and soon to die. A somewhat different set of issues arises, however, when the patient is chronically ill and incompetent, and will survive for long periods with medically-supplied fluids and nutrition. Recognition of patient rights in those situation should also permit cessation of fluids and nutrition on the same basis that respirators, antibiotics, and other life-sustaining measures may be withheld. But the withholding of medically-supplied fluids and nutrition from a patient who no longer has interests in surviving in an extremely debilitated condition raises different issues from withholding fluids that could cause such discomfort and nutrition when the patient is imminently dying. In either case, patient... (shrink)

This paper considers recent heated debates led by Jerry A. Coyne andMichael J. Wade on issues stemming from the 1929–1962 R.A. Fisher-Sewall Wrightcontroversy in population genetics. William B. Provine once remarked that theFisher-Wright controversy is central, fundamental, and very influential.Indeed,it is also persistent. The argumentative structure of therecent (1997–2000) debates is analyzed with the aim of eliminating a logicalconflict in them, viz., that the two sides in the debates havedifferent aims and that, as such, they are talking past each (...) other. Given aphilosophical analysis of the argumentative structure of the debates,suggestions supportive of Wade's work on the debate are made that areaimed, modestly, at putting the persistent Fisher-Wright controversy on thecourse to resolution. (shrink)

This article falls into two parts: the first is an analysis, in the light of my earlier discussions of and of the Homeric usage of and the second, an attempt to show that, as in the case of the effects of Homeric usage persist to a considerable degree in the moral philosophy of Aristotle. In the earlier discussions I have argued that the higher value placed upon the competitive in Greek entails that co-operative relationships, even when valued and necessary, take (...) the form dictated by the more valued qualities, the The most general words to denote co-operative relationships in Greek are and its derivatives: my purpose here is to show how the Homeric usage of these words is related to the Homeric standard and to Homeric society, and to sketch in the outline of a wider discussion, which I hope to be able to fill in later. (shrink)

This article falls into two parts: the first is an analysis, in the light of my earlier discussions of and of the Homeric usage of and the second, an attempt to show that, as in the case of the effects of Homeric usage persist to a considerable degree in the moral philosophy of Aristotle. In the earlier discussions I have argued that the higher value placed upon the competitive in Greek entails that co-operative relationships, even when valued and necessary, take (...) the form dictated by the more valued qualities, the The most general words to denote co-operative relationships in Greek are and its derivatives: my purpose here is to show how the Homeric usage of these words is related to the Homeric standard and to Homeric society, and to sketch in the outline of a wider discussion, which I hope to be able to fill in later. (shrink)

On the issue of abortion, Ireland and Poland have been among the most conservative countries in Europe. Their legal and cultural approaches to this issue have been deeply influenced by the institution of the Catholic Church and its purported role as a defender of an authentic national identity. However, their political climates for abortion reform are increasingly divergent: Ireland has liberalised its abortion law substantially since 2018, while Poland is moving towards further criminalisation with the repeated introduction of restrictive laws (...) in parliament. Both have seen active pro-choice movements who mobilise for reform and widespread non-compliance with their restrictive abortion laws, but the policy impact of these trends varies significantly. What accounts for this difference? This article draws on comparative analysis of Ireland and Poland to assess their divergent trajectories on abortion reform, arguing that the most significant driver of change between the two is the disparity in influence of the Catholic Church on politics and policymaking. (shrink)

This paper uses the recent history of marketization and privatization in the UK National Health Service as a case study through which to explore the relationship between health-care organization and health-care goods. Phases and processes of marketization are briefly reviewed in order to show that, although the scope of both marketization and privatization reforms have, until recently, been very heavily circumscribed (and can only be understood in the context of the rise of managerialism), they have nonetheless had a major impact (...) on the “value field” of UK health services. The second half of the paper draws upon the concerns of the critics of market-style reforms to set out and explore the ways in which organizational reform and the shifts in institutional norms consequent upon it construct health-care goods and argues that the investigation of this organization-goods axis ought to have a central place in health-care ethics. (shrink)

Modern research has done much to elucidate the question what the reforms of Kleisthenes in fact achieved, and the work continues, but that does not settle the question what he was trying to achieve. Herodotos gives him a political motive in outline, that he brought the people over to his side because he had been defeated in a struggle for power against Isagoras ; and in resuming this proposition after a digression he describes the Athenian people as . But he (...) gives us no clear insight into the nature or mechanism of the struggle with Isagoras, and in particular he does not say that the latter's election to the archonship in 508 constituted his victory, though the dating of the reform to the archonship of Isagoras makes that highly probable; nor does he explain in what sense or by whom the Athenian people had been ‘previously excluded’. (shrink)

This article falls into two parts: the first is an analysis, in the light of my earlier discussions of and of the Homeric usage of and the second, an attempt to show that, as in the case of the effects of Homeric usage persist to a considerable degree in the moral philosophy of Aristotle. In the earlier discussions I have argued that the higher value placed upon the competitive in Greek entails that co-operative relationships, even when valued and necessary, take (...) the form dictated by the more valued qualities, the The most general words to denote co-operative relationships in Greek are and its derivatives: my purpose here is to show how the Homeric usage of these words is related to the Homeric standard and to Homeric society, and to sketch in the outline of a wider discussion, which I hope to be able to fill in later. (shrink)

This article examines recent developments in the regulation of the medical profession in England, with particular reference to doctors working in the National Health Service (NHS). It is argued that the Health Act 1999 and associated government policies are bringing about a shift from a «light touch», self-regulatory paradigm to a government-driven, interventionist approach. It is suggested that the reason for the change is not simply a governmental concern with the quality and nature of care provided by doctors, but more (...) significantly, a concern with the cost of that care. The article offers a critique of the new regime, drawing on the socio-legal literature on regulation. Some aspects of the reforms ignore the need to persuade doctors to comply, and may therefore result in cheating or «creative compliance»; other aspects of the reforms provide doctors with opportunities to «neutralize» their impact. It concludes with an examination of the wider significance of the change in regulatory paradigm, and of the agenda for future research in this field. (shrink)

Although the impact of market reforms in Swedish health care stands out as not very far-reaching in an international comparison, it represents a route away from the features and basic values normally associated with the Swedish or Scandinavian model. Summarizing the development over the last decades, we may identify signs of sustainability as well as change. Popular support for public provision and a robust institutional structure make far-reaching alterations of existing structures less feasible, although most visible changes this far—incremental though (...) they may be—represent a change in which the normative foundations of the Swedish model are challenged. (shrink)

Sooner or later there comes a time in the history of a science when it pauses from dealing with its innumerable special problems and returns to the study of first principles and the foundations that delimit its particular field of inquiry. The result is usually a radical revision of a number of established basic ideas, the discovery of some hitherto unknown dimension in the field, and the emergence of an appropriate paradigm for investigating the field. It was the fate of (...) logic to be one of the first fields to undergo such a reformation, which lasted more than two centuries. Its instigators were Rene Descartes and Benedict Spinoza. (shrink)

Sexual difference must be recognized in thought and human interactions to enable people to find their real source of jouissance. The Lacanian finding of ‘masculine phallic desire’ and ‘feminine libidinal desire’ in all human beings, irrespective of their biological sex-gender, paved the way for rethinking gender identities. It calls for reforming inter-human relations from the presently predominant utilitarian mode to the one based on love and recognition of the other. Gender is an arbitrary construct to serve the interests of males (...) in finding phallic sexual pleasure, power and recognition in their social life. Assertion of sexual difference and gender multiplicity will enable human beings to find the other human being as their actual desired object, beyond the pleasures offered by wealth, comforts and commodities. (shrink)

This book on privacy and data protection offers readers conceptual analysis as well as thoughtful discussion of issues, practices, and solutions. It features results of the seventh annual International Conference on Computers, Privacy, and Data Protection, CPDP 2014, held in Brussels January 2014. The book first examines profiling, a persistent core issue of data protection and privacy. It covers the emergence of profiling technologies, on-line behavioral tracking, and the impact of profiling on fundamental rights and values. Next, the book (...) looks at preventing privacy risks and harms through impact assessments. It contains discussions on the tools and methodologies for impact assessments as well as case studies. The book then goes on to cover the purported trade-off between privacy and security, ways to support privacy and data protection, and the controversial right to be forgotten, which offers individuals a means to oppose the often persistent digital memory of the web. Written during the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission, this interdisciplinary book presents both daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection. (shrink)

The connection of value-experience with activity has led to the widespread modern tendency to interpret value in terms of interest. To value a thing is certainly to take an interest in it, and there can be no doubt that the value any object has for us tends to vary with the interest we take in it. The suggestion readily arises, therefore, that the value of any object simply is the interest we take in it. The difficulty with views of this (...) type is that interest is a distinctly subjective category while value is persistently spoken of as if it were somehow objective. Indeed, the term “value” would lose the most essential element of its meaning if it could not be applied to objects of common knowledge in such a way that two people could significantly discuss the question as to whether the object A is not more valuable than the object B and each, on the basis of his own interest and experience, defend a different view. I do not think the subjectivity of value can be as easily disposed of as does Laird1 in discussing the argument, “Beauty is not in the aurora. Therefore it is in the beholder's mind.” This, he says, leads to the absurdity, “Therefore the beholder's mind is beautiful.” The apparent absurdity is due to the ambiguity of the term “beautiful.” It is applied either to an experience or to the object of that experience. (shrink)

Would you want to be operated on by a surgeon trained at a medical school that did not evaluate its students? Would you want to fly in a plane designed by people convinced that the laws of physics are socially constructed? Would you want to be tried by a legal system indifferent to the distinction between fact and fiction? These questions may seem absurd, but these are theories being seriously advanced by radical multiculturalists that force us to ask them. These (...) scholars assert that such concepts as truth and merit are inextricably racist and sexist, that reason and objectivity are merely sophisticated masks for ideological bias, and that reality itself is nothing more than a socially constructed mechanism for preserving the power of the ruling elite. In Beyond All Reason, liberal legal scholars Daniel A. Farber and Suzanna Sherry mount the first systematic critique of radical multiculturalism as a form of legal scholarship. Beginning with an incisive overview of the origins and basic tenets of radical multiculturalism, the authors critically examine the work of Derrick Bell, Catherine MacKinnon, Patricia Williams, and Richard Delgado, and explore the alarming implications of their theories. Farber and Sherry push these theories to their logical conclusions and show that radical multiculturalism is destructive of the very goals it wishes to affirm. If, for example, the concept of advancement based on merit is fraudulent, as the multiculturalists claim, the disproportionate success of Jews and Asians in our culture becomes difficult to explain without opening the door to age-old anti-Semitic and racist stereotypes. If historical and scientific truths are entirely relative social constructs, then Holocaust denial becomes merely a matter of perspective, and Creationism has as much "validity" as evolution. The authors go on to show that rather than promoting more dialogue, the radical multiculturalist preferences for legal storytelling and identity politics over reasoned argument produces an insular set of positions that resist open debate. Indeed, radical multiculturalists cannot critically examine each others' ideas without incurring vehement accusations of racism and sexism, much less engage in fruitful discussion with a mainstream that does not share their assumptions. Here again, Farber and Sherry show that the end result of such thinking is not freedom but a kind of totalitarianism where dissent cannot be tolerated and only the naked will to power remains to settle differences. Sharply written and brilliantly argued, this book is itself a model of the kind of clarity, civility, and dispassionate critical thinking which the authors seek to preserve from the attacks of the radical multiculturalists. With far-reaching implications for such issues as government control of hate speech and pornography, affirmative action, legal reform, and the fate of all minorities, Beyond All Reason is a provocative contribution to one of the most important controversies of our time. (shrink)