In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Roots of RomanticismJames SchmidtIsaiah Berlin. The Roots of Romanticism. The A. W. Mellon Lectures in the Fine Arts. The National Gallery of Art, Washington, D.C. Bollingen Series XXXV:45. Edited by Henry Hardy. Princeton: Princeton University Press, 1999. Pp. xvi + 171. Cloth. $19.95.Originally delivered in the spring of 1965 and subsequently broadcast several times over the BBC, Berlin's lectures on romanticism have long been esteemed by his (...) admirers. Berlin nevertheless resisted their publication, hoping one day to write a book on romanticism. His literary executor Henry Hardy reports, however, "not so much as a sentence of the intended work was ever written" (x). Thus Hardy's edition of these lectures constitutes Berlin's most extended reflection on a theme that loomed large in his understanding of the modern world: the romantic critique of the Enlightenment.Surprisingly few romantics actually appear in these pages. Those who do arrive late, linger briefly, and are usually German. Fichte enters on page 88, followed by Schelling (97) and the Schlegel brothers (104), with brief appearances by E. T. A. Hoffman and Johann Ludwig Tieck (114-6). Only in his closing ruminations on the impact of romanticism does Berlin cast a glance at Byron, Chateaubriand, and Sir Walter Scott. Most of the book explores what Berlin takes to be romanticism's "roots," which he locates in a few eighteenth-century German writers who, when romanticism finally burst upon the scene, were either disgusted by it (Jacobi, Schiller, and Goethe) or dead (Hamann). A few years later Berlin made these proto-romantics the charter members of the movement he dubbed "the Counter-Enlightenment"—a concept that would have a considerable career of its own. Berlin's concern is thus less with romanticism per se than "with the revolution of which romanticism, at any rate in some of its guises, is the strongest expression and symptom" (xiii).As Berlin saw it, this revolution involved a rejection of the idea that 1) "all [End Page 451] genuine questions can be answered," 2) "all these answers are knowable," and 3) "all these answers must be compatible with one another" (21-2). Upon these three principles, he insists, "the whole Western tradition rested" (21), and their rejection constitutes "the greatest single shift in the consciousness of the West" (1). Berlin holds that the Enlightenment left these principles unshaken. It was the romantics who questioned the "ruinous" belief that "there is one single solution to all human ills" (which carries the insidious corollary that "you must impose this solution no matter what cost") and thus laid the foundations for "liberalism, toleration, decency and the appreciation of the imperfections of life" (146-7), causes which are usually associated (wrongly, according to Berlin) with the Enlightenment.These arguments will not be unfamiliar to those who know Berlin's works. Reading him is a bit like listening to Vivaldi: taken individually, his essays are clever, vigorously argued, and elegantly crafted; but reading them in sequence soon leads to a nagging sense of having heard it all before. Berlin's work was animated by an awareness of the diversity of plausible answers that could be given to the question of how life should be lived and by an impassioned defense of this plurality of possibilities against the illusion of an ultimate solution. One can admire the defense of liberalism that Berlin drew from these convictions and yet have reservations about the historical accuracy of his account of the relationship between romanticism and the Enlightenment. It is hard to see Hamann as a supporter of pluralism and harder still to see the philosophes—who rejected the dogmatic esprit de systèm in favor of an experimentalist esprit systématique—as oblivious to the multiplicity of ways in which good lives could be lived. Lessing's views on religious questions were a good deal more skeptical and open-ended than Jacobi's. Fichte and Schelling sought to bring a greater systematic coherence to Kant's philosophy, not to dismantle it. Once one moves from general claims about "romanticism" and "the Enlightenment" to assess specific thinkers, the picture becomes a good deal messier than Berlin lets on. Early romantics... (shrink)

As COVID-19 drags on and new vaccines promise widespread immunity, the world's attention has turned to predicting how the present pandemic will end. How do societies know when an epidemic is over and normal life can resume? What criteria and markers indicate such an end? Who has the insight, authority, and credibility to decipher these signs? Detailed research on past epidemics has demonstrated that they do not end suddenly; indeed, only rarely do the diseases in question actually end. This article (...) examines the ways in which scholars have identified and described the end stages of previous epidemics, pointing out that significantly less attention has been paid to these periods than to origins and climaxes. Analysis of the ends of epidemics illustrates that epidemics are as much social, political, and economic events as they are biological; the “end,” therefore, is as much a process of social and political negotiation as it is biomedical. Equally important, epidemics end at different times for different groups, both within one society and across regions. Multidisciplinary research into how epidemics end reveals how the end of an epidemic shifts according to perspective, whether temporal, geographic, or methodological. A multidisciplinary analysis of how epidemics end suggests that epidemics should therefore be framed not as linear narratives—from outbreak to intervention to termination—but within cycles of disease and with a multiplicity of endings. (shrink)

What does it mean for an epidemic to end, and who gets to declare that it is over? This multidisciplinary spotlight issue provides 18 case studies, each examining specific epidemics and their ends as well as the methodologies used to measure, gauge, and define an epidemic's end. They demonstrate that an epidemic's end is often contentious, raising issues of competing authority. Various forms of expertise jostle over who declares an end, as well as what data and information should be used (...) to measure and define the end of an epidemic. As a result, it is more accurate to describe multiple endings to an epidemic: the medical end, the political end, and the social end. At the same time, multidisciplinary research into the ends of epidemics highlights the crucial role of information and measurement in an epidemic's end, as well as the ways in which ending forces observers to rethink and reconceptualize time. Whereas the declaration of an epidemic suggests a neatly defined period of emergency, the end is a messy process incorporating competing accounts of what went wrong and fears of the next epidemic, in which cycles of multiple diseases and overlapping social crises disrupt a simple return to normal life, articulating the nature of epidemics not just as medical phenomena, but also as fundamentally political and social ones. The end period therefore looks both forward and backward, often applying “lessons learned” from the history of the ended epidemic to the future, in anticipation of the next outbreak. Re-envisioning the future is a way to analyse and understand the past epidemic, and thereby to restore human agency into society's relationship with disease. (shrink)

Prior research on the influence of various ways of framing anthropogenic climate change do not account for the organized ACC denial in the U.S. media and popular culture, and thus may overestimate these frames' influence in the general public. We conducted an experiment to examine how Americans' ACC views are influenced by four promising frames for urging action on ACC —when these frames appear with an ACC denial counter-frame. This is the first direct test of how exposure to an ACC (...) denial message influences Americans' ACC views. Overall, these four positive frames have little to no effect on ACC beliefs. But exposure to an ACC denial counter-frame does significantly reduce respondents' belief in the reality of ACC, belief about the veracity of climate science, awareness of the consequences of ACC, and support for aggressively attempting to reduce our nation's GHG emissions in the near future. Furthermore, as expected by the Anti-Reflexivity Thesis, exposure to the ACC denial counter-frame has a disproportionate influence on the ACC views of conservatives, effectively activating conservatives' underlying propensity for anti-reflexivity. (shrink)

The paper examines the ethics of electronic monitoring for advertising purposes and the implications for Internet user privacy using as a backdrop DoubleClick Incs recent controversy over matching previously anonymous user profiles with personally identifiable information. It explores various ethical theories that are applicable to understand privacy issues in electronic monitoring. It is argued that, despite the fact that electronic monitoring always constitutes an invasion of privacy, it can still be ethically justified on both Utilitarian and Kantian grounds. From a (...) Utilitarian perspective the emphasis must be on minimizing potential harms. From a Kantian perspective the emphasis must be on giving users complete information so that they can make informed decisions as to whether they are willing to be monitored. Considering the Internet advertising industrys current actions, computer users and government regulators would be well advised, both practically and ethically, to move to a user control model in electronic monitoring. (shrink)

Many private business relationships are increasingly characterized by claims that certain actions should not be permitted since particular right claims are involved. Such claims should be taken seriously, but are they always ethically legitimate? This paper analyzes one context, the use of age as a rating variable in the pricing of automobile insurance, where such claims are made. By identifying, evaluating and assessing the relevant basis for the differentiation, actuarial equity, it is concluded that there is an ethical basis for (...) such a practice. The analysis also provides an equivalent means for considering other such analogous claims where actuarial equity is involved. (shrink)

Scientists and clinicians are starting to translate genomic discoveries from research labs to the clinical setting. In the process, big data genomic technologies are both a risk to individual privacy and a benefit to personalized medicine. There is an opportunity to address the social and ethical demands of various stakeholders and shape the adoption of diagnostic genome technologies. We discuss ethical and practical issues associated with the networking of genomics by comparing how the European Union and North America understand and (...) practice notions of privacy and consent in research. An overview of international policy suggests the embedding of genomics within digital networks and the Internet creates conditions that challenge the management of privacy and consent in the age of big data. The risks of re-identification, informational harms, and data security vulnerabilities are issues that need to be better addressed in the clinical setting to reconcile the unpredictable pathway of research and practice in the networked information society. (shrink)

This paper addresses the nature of the Charter as the basic document of the Institution, that is, the most important document that lends the institution its force. The “and” between Charter and Institution or the conjoining of Charter with Institution has two tasks to perform. Firstly, the Institution needs to be structured and incorporated as a Charter (and conversely, the Charter is the Institution embodied). In this sense, my question is: can the institute of the (...) Charter be the starting point of a potential theory of the institution? Secondly, it is the Charter – and not law, contract, norm, not Searle’s declaration, not Husserl’s Ausweiss – that could improve the theory of documentality and its connection with institutionalism. (shrink)

The New Charter for Health Care Workers is a revision and updating of the earlier 1994 edition, also produced by the Pontifical Council for Health Care Workers. The work is divided into three major sections: "Procreating," "Living," and "Dying," each of which lays out authoritative teachings in medical ethics grounded in the traditional resources of the Church.

Volume 24, Issue 6, September 2019, Page 676-679.

The author's primary objective is to show that versions of legal positivism, according to which legal validity sometimes depends on moral validity (Inclusive Legal Positivism), are theoretically preferable to those forms of positivism (Exclusive Legal Positivism) which deny this possibility. The author attempts to substantiate this conclusion by demonstrating that Inclusive Legal Positivism provides a better theoretical account of challenges to legal validity based on a document like the Canadian Charter of Rights and Freedoms. His secondary aim is to (...) show that the choice between Inclusive and Exclusive Legal Positivism can have important consequences for legal practice. (shrink)

Glastonbury Abbey was the wealthiest and most influential monastery in later Anglo-Saxon England. It was a noted centre of scholarship, and claimed ancient origins which were later extravagantly embellished to link the house with such luminaries as St Patrick, St David and King Arthur. The historiographical evidence for Glastonbury is particularly challenging, because the accounts of the monastery's early history were revised and interpolated over centuries, as the legends grew. There are also complications in the study of its archive: the (...) manuscripts are mostly late and corrupt, and the whole is overshadowed by the contents list of a lost cartulary, which included many more early charters than now survive. The present volume is the first critical edition of the sixty-one surviving charters from the abbey's pre-Conquest archive, which date from the later seventh century to the reign of Cnut. The texts are edited to a high standard, with comprehensive commentaries that include translation and elucidation of the Old English boundary clauses, and authoritative assessments of authenticity. There is a long introduction with analysis and synthesis of the documentary evidence for Glastonbury's history in the Anglo-Saxon period and for the accumulation of its endowment, including a section on William of Malmesbury's works on Glastonbury. The volume concludes with a series of appendixes which present all the evidence for the lost charters in the Liber Terrarum and in other sources. (shrink)

In this paper, I will argue that Patočka’s decision to become a signatory and one of the spokesperson of Charter 77 was both deeply informed, and in fact necessitated, by his whole philosophical understanding. I will suggest that the importance of Patočka’s contribution to Charter 77 goes beyond the original aim of the declaration, pointing to the broader significance of the moral and political crisis in a society reduced to the sphere of instrumental rationality. For Patočka, to think (...) about humans and their existence in the world is irreducible to instrumental rationality. (shrink)

The relationship between Canadian administrative law and the Canadian Charter of Rights and Freedoms is complex and still unfolding. If a decision touches a Charter right, frontline decision-makers and reviewing courts alike determine the requirements of legality using the Charter, administrative law principles, or some combination of the two. There is an emerging consensus that the Charter does not replace the common law, but rather embodies and supplements fundamental legal principles contained within it.This chapter sets out (...) various ways in which judicial review at common law has influenced understandings of the Charter, as well as the manner in which the Charter has influenced review of administrative decisions when a Charter right is clearly at stake. The influence runs in both directions, and has significant implications for judicial review of both the procedure and substance of administrative action. In the realm of procedure, the courts rely on the common law doctrine of procedural fairness to interpret the principles of fundamental justice set out in s. 7 of the Charter. However, when courts review the substance rather than the procedural aspects of a decision that engages a Charter right, they tend to review the decision using the analytical framework developed in R. v. Oakes for testing the validity of legislation. Taken together, these general features of the relationship between Charter jurisprudence and administrative law suggest that each is porous and open-textured to the other. Put another way, the relationship between the Charter and administrative law exhibits a cross-fertilization of principles and approaches which inform judicial review of administrative action. (shrink)

BackgroundGiven that advances in research continuously raise new ethical issues, a multidisciplinary working group of investigators involved in biomedical research has gathered to discuss and compare ethical viewpoints in their daily practice.MethodsThe working group has drafted a Charter for Ethics in Biomedical Research that encompasses all the steps in the research process, i.e. from the initial idea to analysis and publication of the results.ResultsBased on key principles for ethically responsible research, the Charter may serve as a tool for (...) performing research, discussing research issues and training researchers.ConclusionsThe Charter should stimulate researchers to think about their responsibility for research in a progressive, caring society. (shrink)

Abstract:Over the past quarter century, charter schools have evolved from a fringe educational philosophy to a prominent academic option for American school children and their families. While the history and political positioning of charter schools have been well documented, the tenet of choice continues to be central in the debate regarding the merit of the charter alternative to traditional public schools. In this essay, I seek to dispel the notion that choice is a simple selection between binary (...) opportunities, but rather a complex exchange between stakeholders. I present how educational options such as charters present a different paradigm of values when compared to precedents of the common schools of the mid-nineteenth century and established public education policy. Although some practices in charter schools may challenge the comforts of long-standing educational traditions, I assert that within these choices there may be opportunity for the music education community to truly reimagine its practices. I conclude with a call to music educators to make important decisions regarding charter schools and music education. Thoughtful steps can be taken to develop this curricular conversation and music educators have a professional duty to begin the dialogue. Failing to do so will be, by default, a choice to limit music education to traditional venues, thereby ignoring one of the fastest growing educational enterprises of our generation and an opportunity to provide a music education for all. (shrink)

Whilst the Charter of Fundamental Rights of the European Union, which became part of binding primary EU law on 1 December 2009, constitutes an important codification and clarification of fundamental rights as they exist in the European Union, the field of application of the Charter is limited in a significant way: the Charter only applies when EU law is at stake. When national courts and authorities in the EU Member States are confronted with problems of purely national (...) law, they are not obliged to apply the Charter but should instead rely on the national constitutional Bill of Rights as well as the international human rights instruments which are binding on the Member State in question. The borderline between EU law and national law is not always easy to establish in a concrete case. This article discusses theoretical and practical problems arising out of the application and interpretation of Article 51(1) of the Charter, according to which the Charter is addressed to the Member States ‘only when they are implementing Union law’. It is suggested to adopt a pragmatic case-by-case approach, asking oneself if there is another norm of Union law than a Charter provision which is directly relevant to a case in concreto. If the answer is yes, also the Charter should be applied, supposing that there is a Charter provision which could influence the outcome of the case. If the answer is in the negative, national courts and authorities are only obliged to apply national law, including the constitutional Bill of Rights and the international human rights obligations of the Member State concerned. (shrink)

This paper develops a critical normative analysis of charter schools. It categorizes and evaluates the main arguments in defense of charters: market competition, improved learning outcomes, autonomy and innovation, and their potential to function as “counterpublics.”After finding each argument wanting, the paper proposes a tripartite critique of charters based on (i) their deleterious effects on social solidarity, (ii) the procedural injustice involved in access, and (iii) their substantively unjust outcomes. We show how charter schools under-mine social and political (...) solidarity by fragmenting communities into more homogenous subsets. Although they purport to be equally open to all, charters covertly rely on morally arbitrary characteristics such as class, race, and disability in admissions. Finally, we argue that they unfairly reduce the quality of education for some students, thus resulting in substantively unjust outcomes. (shrink)

The issue of human rights has always been a matter shared by politicians, lawyers, philosophers and sociologists. Since the adoption of the Universal Declaration of Human Rights scholars and human rights activists have discussed whether the Declaration has become a symbol of human rights universality. Two decades later Muslim states have started discussions if human rights are indeed universal. They argued that human rights is a product of western imperialism and therefore the Arab states are not bound by the human (...) rights catalogue proposed by the West. In 2008, the Arab Charter on Human Rights drafted within the framework of the League of Arab States came into force. This fact was welcomed by the international community, non-governmental organizations, and High Commissioner for Human Rights. The Arab Charter on Human Rights was seen as a possibility for the Arab States to confirm the commitment to the universality of human rights. However, the adopted text was disappointing and once again raised the doubt that Arab States are not truly committed to universal human rights. This article analyses the quest for the universality of human rights. (shrink)

_ Source: _Volume 37, Issue 1, pp 16 - 42 When examined collectively the trade and colonization charters that Tudor and Stuart monarchs issued demonstrate a developing English conception of world order based on trade monopolies and not on ecclesiastical premises or on the Grotian notion of freedom of the seas. There were therefore three early modern conceptions of how an international order might be created, not one, all of which affected European trade with the Americas and Asia. They all (...) began with the assumption that the discovery of the several new worlds required developing rules of engagement to reduce if not to eliminate conflict among the European nations engaged in overseas exploration, settlement, and trade. As Koen Stapelbroek has pointed out, understanding the role of legal notions in the actual historical creation and gradually evolving function of a new kind of commercial-political entity, requires a distinctly non-doctrinal focus.’. (shrink)

_ Source: _Page Count 27 When examined collectively the trade and colonization charters that Tudor and Stuart monarchs issued demonstrate a developing English conception of world order based on trade monopolies and not on ecclesiastical premises or on the Grotian notion of freedom of the seas. There were therefore three early modern conceptions of how an international order might be created, not one, all of which affected European trade with the Americas and Asia. They all began with the assumption that (...) the discovery of the several new worlds required developing rules of engagement to reduce if not to eliminate conflict among the European nations engaged in overseas exploration, settlement, and trade. As Koen Stapelbroek has pointed out, understanding the role of legal notions in the actual historical creation and gradually evolving function of a new kind of commercial-political entity, requires a distinctly non-doctrinal focus.’. (shrink)

The Earth Charter is largely a wholesome embodiment of a commendable and globally applicable ecological ethic. But it fails to treat responsibilities towardfuture generations with sufficient clarity, presenting these generations as comparable to present and past generations, whose members are identifiable, whenin fact most future people are of unknown identity, and when the very existence of most of them depends on current actions. It can be claimed that we still haveobligations with regard to whoever there will be whom we (...) could affect, and in addition, all the possible people of the future whom we could affect have moralstanding, as well as corresponding members of other species. These obligations clash with the person-affecting principle, which considerably restricts suchobligations and the scope of moral standing at the same time. Finally, there are implications for sustainability, at least with regard to sustainable levels ofpopulation and with regard to global warming, and thus a need for further clarification of the content of responsibilities toward future generations. (shrink)

A well-documented defense of the thesis that St. Augustine held the city of man, especially Rome, to contain many relative goods, however evil it was from the absolute standpoint of goodness consisting in the worship of the true God. O'Meara discusses in some detail many contemporary critics, e.g., Ernest Barker, who oppose this interpretation, and argues on the basis of historical circumstance and Augustine's own declarations in works other than the City of God.--R. C. N.

Jan Patočka became politically active for the first time as a spokesperson of the dissident movement Charter 77. In this capacity he wrote several essays, the first of which, entitled "On the Matters of The Plastic People of the Universe and DG 307", I interpret as the explanation and justification of his turn toward political engagement. The following article is a reading of Patočka's essay that pays particular attention to a peculiar formal feature of the essay – namely that (...) it's presented as a reversal of Dostoevsky's short story "The Dream of a Ridiculous Man". In reversing this story, Patočka shows us the two basic ways of human life and explains his political engagement as an action taken on behalf of the properly human way of life, which he calls "life in truth" or "the responsible life". The purpose of his political engagement thus wasn't defending human rights, but defending life in truth, to which human rights provide suitable conditions. "On the Matters…" also presents Patočka's assessment of the Communist regime with clarity and severity not seen elsewhere in his writings, and shows a shift in his views of youth and youthful rebellion. (shrink)