This note examines the decision of the Family Division of the High Court in N. v. N. (Jurisdiction: Pre-Nuptial Agreement) in which, in the context of Jewish divorce proceedings, the Court found that it had no jurisdiction to order a husband, by specific performance of a marriage agreement, to go through the procedure to obtain a ‘get’ (a hand-written bill of divorcement) allowing his wife to remarry. First, discussion of the case is contextualised broadly within the debate on the (...) (de)merits of employing legal means in order to redress social wrongs. Secondly, adopting a theoretical perspective upon the difficulties involved in using law to achieve social change, the note goes on to examine more specifically why women from minority cultures may choose to go to the law of the dominant culture in order to obtain relief. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Roger A. Shiner GETTING TO KNOW YOU IN pursuits OF happiness, Stanley Cavell attempts to establish the existence of a previously unrecognized genre of film — "comedies of remarriage " — which both includes and is defined by such movies as Adam's Rib, Bringing Up Baby, and TL· Philadelphia Story. l By "marriage" and "remarriage " is meant a certain kind of enduring emotional intimacy with which we as (...) adult men and women will be involved, an intimacy which is an integral part of the human form of life and whose relationship to an institutionally supported legal status in our culture is not one of identity. The same is true for the concept of "divorce" in this context. Using some of Cavell's interpretive ideas as a starting point, I shall seek to present the genre of remarriage as a figure for the profoundest relationships of epistemology and metaphysics — the relationship of the knower to the world which is known and the relationship of the individual to die other individuals widi whom society is shared. Specifically, divorce and remarriage as part of human life are to be seen as figures for separation and kinship, avoidance and acknowledgement in the philosophical sense of those terms.2 My discussion proceeds on several levels. There is film criticism, which attempts to find significance in certain movies. There is an examination of values, which presents a certain view ofmarriage as a human relationship. There is some metaphysics, which addresses certain traditional philosophical problems in a nontraditional way. And finally there is metaphilosophy, which attempts to present a different way ofhow to ask, and how to acknowledge as being answered, the great questions of philosophy. Only the latter two projects could be described as "philosophical" in a conventional sense. Yet, as Arthur Danto has rightly remarked,3 Cavell in Pursuits ofHappiness seems to be trying to suggest that to blur deliberately the distinction between criticism and philosophy is to show something 80 Roger A. Shiner81 important about philosophy (and thus criticism as well). If this essay in some small way is thought to show something similar, I shall be pleased. Cavell begins his chapter on It Happened One Night with some ruminations on Locke, Hume, Kant, and the idea of the limitations of human reason. Kant undertakes to show, Cavell claims (PH, pp. 75-76), that our position as human knowers is both better and worse than the Empiricists suggest. It is worse, because even if we pressed human knowledge to its Kantian limits, we would know more but not enough to fulfill the philosopher 's dream. It is better, because the very facts that are limitations of human knowledge are also the necessary conditions ofknowledge as such and to know those conditions clearly is enormously to increase human knowledge. The link between the limitations ofhuman knowledge and the comedies of remarriage is forged by the thought (CR, p. 74) that the capacity to relate oneself to the world by knowledge and the capacity to relate oneselfto others by marriage are both constitutive ofhuman society. Human community is based in part on the fact that there are limitations as to what each of us as individual knowers can know. We need each other's knowledge. If one of us were per impossibile to transcend the limitations of human knowledge, he would know, as it were, what God knows and thus have the power that God has. But the existence of these limitations reveals something deep about human knowledge, something which traditional theory of knowledge rejects, namely that it is human. Human knowledge is limited, but it is genuine. It rests on no surer a foundation than human community, but human beings are a community. We need each other, but we are there for each other. Community, and therefore knowledge, does not need to be achieved: it exists.4 Similarly, the conventions in society limiting the capacity to relate oneselfto others by marriage (one at a time, and only under protest not one forever) reveal something deep about the nature of marriage. The mutuality of the intimacy ofmarriage is possible only in conjunction with the exclusiveness of marriage. Only by turning away from all others can the taking into... (shrink)

SummaryOverweight and obesity constitute a major and increasing health and welfare problem throughout the world. Assessing the multifaceted mechanisms – biological, environmental and behavioural – behind this development is a crucial task in medical, social and economic sciences. We are, therefore, grateful to have been given the opportunity to, once again, discuss whether the risk of divorce may be one of the factors influencing the incentives of becoming overweight or obese and, hence, ultimately the physical appearance among the married. (...) In this Debate, colleagues Schneider and Grimps present the results of a multilevel analysis, in which they could not identify any statistically significant association between body mass index and divorce risk among married people. Thus, they question the findings, previously published in this Journal. The Schneider and Grimps arguments are not convincing, however. So, we still claim that the statistical material at hand does, indeed, imply that divorce risk at the national level may well influence the weight of the married. (shrink)

_Despite advances in standard of living of the population, the condition of widows and divorced women remains deplorable in society. The situation is worse in developing nations with their unique social, cultural and economic milieu, which at times ignores the basic human rights of this vulnerable section of society. A gap exists in life expectancies of men and women in both developing and developed nations. This, coupled with greater remarriage rates in men, ensures that the number of widows continues to (...) exceed that of widowers. Moreover, with women becoming more educated, economically independent and aware of their rights, divorce rates are increasing along with associated psychological ramifications. The fact that widowed/divorced women suffer from varying psychological stressors is often ignored. It has been concluded in various studies that such stressors could be harbingers of psychiatric illnesses (e.g., depression, anxiety, substance dependence), and hence should be taken into account by treating physicians, social workers and others who come to the aid of such women. A change in mindset of the society is required before these women get their rightful place, for which a strong will is needed in the minds of the people, and in law-governing bodies._. (shrink)

Since the heyday of the Enlightenment, there have been concerted efforts in many parts of the West to get religion out of politics, presumably on the grounds that religion is bad for politics. Whatever the merits of these efforts, and to whatever extent they may be justifiable, what has not, perhaps, been so widely considered is whether or not it might also be a good idea to separate religion from politics because politics is bad for religion! I argue that politics, (...) understood as the institution and operation of the state, is a deeply flawed project and hence that religion’s association with it is necessarily damaging to religion. The time for divorce has finally arrived. (shrink)

In this article I argue that Part II of the Family LawAct 1996 gives expression to a new form ofresponsibility. I begin by suggesting thatresponsible behaviour has shifted from prohibiting orrequiring particular actions: we now exhibitresponsibility by our attitude towards our actions. I then examine where this new conception ofresponsibility has come from. Through an examinationof the work of post-liberal theorists, principallyMichael Sandel, I argue that a changing view ofpersonhood within post-liberal theory has led to aquestioning of the possibility of (...) choice, and that theabsence of choice necessitates a shift in thedefinition of responsible behaviour. If we are createdby our decisions then we cannot be held to account forour decisions, but only for the care we have takenover them. Responsibility is therefore measured notby our level of self-control but by our level ofself-awareness. Finally I examine the consequences ofthis shift in the meaning of responsibility. Withinthis framework autonomy is illusory thereforedecisions do not need to be respected. This explainswhy the implementation of Part II of the Family LawAct 1996 has been called into question. Within thisframework responsibility is relative therefore itextends indefinitely. This enables the Family Law Actto be uniquely intrusive and judgmental: everydivorcing couple, on being held up to scrutiny, isfound lacking. (shrink)

This chapter discusses LEGO set #21103, the DeLorean Time Machine. It also explains whether the original Cuusoo DeLorean is the same model as, or numerically identical to, set #21103, even if they are not qualitatively identical. If they are the same model, that would explain why Team BTTF deserves creative credit. The chapter considers the question of why a creator deserves credit, including public recognition and royalties. John Locke maintained that property rights are natural rights. Some have extended Locke's view (...) to include intellectual property, including industrial design. The creator of a new design mixes her labor with materials, therefore acquiring a right to what she is produced. By mixing their labor with 403 LEGO bricks, the original Cuusoo designers, Sakuretsu and Masashi Togami, would acquire property rights to what they produce. (shrink)

There are many teaching techniques designed to elicit student participation in a philosophy classroom. In this paper I present a student-centered discussion model that makes the students directly responsible for most aspects of discussion. I used this model in a first year seminar devoted to the nature of art, and I explain how this collaborative model has certain advantages over other collaborative learning models, how I implemented it in the course, and the results I observed. The model I discuss here (...) is similar in some ways to other collaborative learning techniques, but I highlight some of its unique features and discuss how it might be implemented in other philosophy courses. (shrink)

В кн. также: Современный опыт теодицеи и антроподицеи / В. Шубин.

According to a survey conducted by the Pew Research Institute, regular Daily Show viewers seem to learn about current events from the self‐billed “fake news” program. The question of how fake news can inform people about real news touches on a question posed by philosophers: How do we learn truth from a work of fiction, something typically full of falsehoods? After all, a typical work of fiction is about pretend characters in pretend situations doing pretend things. Where's the truth in (...) such a story, where's the reality? If fake news is classified as fiction, and if we can understand how fiction conveys truth, then we can understand how The Daily Show conveys real news to its viewers. Along the way, this chapter looks at many examples to see just how The Daily Show pulls this off. (shrink)

Professor Dan Markel was an expert criminal lawyer at Florida State University. He was murdered in broad daylight at his home. Here is a part of a hypothesis that no one has yet to dispute or otherwise.

We often act in ways that create duties for ourselves: we adopt a child and become obligated to raise and educate her. We also sometimes act in ways that eliminate duties: we get divorced, and no longer have a duty to support our now ex-spouse. When is it morally permissible to create or to eliminate a duty? These questions have almost wholly evaded philosophical attention. In this paper we develop answers to these questions by arguing in favor of the asymmetric (...) approach to deontic value. This approach holds that we must assign zero deontic value to fulfilling a duty, while assigning negative deontic value to violating that duty. Taking the opposing more natural symmetric approach, which holds that fulfilling duties has positive deontic value, leads to perverse recommendations about when to create or eliminate duties. A formal proof supporting the asymmetric approach is offered. We further show that moral theories require a consequentialist component to explain why we sometimes have duties to create or maintain duties. (shrink)

Since 1985, I have divided my professional life between teaching philosophy and practicing law in Northampton, Massachusetts. I am part of two excellent professional communities, the faculty of Smith College and the Hampshire County Bar. Making allowance for the usual sources of adult unhappiness--one gets divorced, has a drug or alcohol or gambling problem, a debilitating disease or injury, a child in jail, etc.-! -, we Northampton lawyers seem generally to be a happy lot. We are public-spirited, appearing disproportionately on (...) the boards of local nonprofit corporations. I know of no local polls on the question but our fellow townspeople appear to hold us in good esteem. We get on well with one another-- perhaps rather better than do my academic colleagues. Our chief source of professional anxiety is attracting remunerative employment in a highly competitive labor market. Still, virtually everyone seems to make at least a passable living and some obviously prosper. Very few of us have burned out and left practice. When we talk shop we often complain about particular judges, our clients and occasionally other lawyers, but never about the value of our profession. We do not often indulge in abstract speculation. (My lawyer friends take no interest at all in my writings on jurisprudence.) But our demeanors do not bespeak inchoate unhappiness with our professional lives. We are evidently pro! ud of what we do. (shrink)

This chapter discusses (in German) John Stuart Mill's position on paternalism and how it relates to his book 'The Subjection of Women'. It is argued that Mill's claim (in On Liberty) that one should not be allowed to sell oneself into slavery is making reference to the Victorian marriage contract through which women essentially become slaves of their husbands. As argued in Subjection, women do not freely develop the desire to get married, the social circumstances do not leave them any (...) other options. Necessarily unaware of what married life is like, the decision to get married is like crossing an unsafe bridge without knowing it is unsafe. It is not paternalist, as Mill argues, to alert them to the condition of the bridge and put them in the position to decide for themselves whether they want to cross it (or turn back half way, e.g. by divorcing). (shrink)

Despite' aclesiastical divorce was not a resort chosen very often, not even by most of "santiagueras" women anound the tirst half of the ninety century, it did constitute an alternative chosen by some of then, which seeked to give an end in some cases to the mistreatment of their husbands and to get an economic independence thas was denied in other cases. All that within the narrow frames of a society marked by the patriarchals relationships.

There is a prevalent notion among cognitive scientists and philosophers of mind that computers are merely formal symbol manipulators, performing the actions they do solely on the basis of the syntactic properties of the symbols they manipulate. This view of computers has allowed some philosophers to divorce semantics from computational explanations. Semantic content, then, becomes something one adds to computational explanations to get psychological explanations. Other philosophers, such as Stephen Stich, have taken a stronger view, advocating doing away with (...) semantics entirely. This paper argues that a correct account of computation requires us to attribute content to computational processes in order to explain which functions are being computed. This entails that computational psychology must countenance mental representations. Since anti-semantic positions are incompatible with computational psychology thus construed, they ought to be rejected. Lastly, I argue that in an important sense, computers are not formal symbol manipulators. (shrink)

Whenever we worry about what to eat, how to love, or simply how to be happy, we are worrying about how to lead a good life. No goal is more elusive. In How to Be a Stoic, philosopher Massimo Pigliucci offers Stoicism, the ancient philosophy that inspired the great emperor Marcus Aurelius, as the best way to attain it. Stoicism is a pragmatic philosophy that teaches us to act depending on what is within our control and separate things worth getting (...) upset about from those that are not. By understanding Stoicism, we can learn to answer crucial questions: Should we get married or divorced? How should we bank in a world nearly destroyed by a financial crisis? How can we survive great personal tragedy? Whoever you are, Stoicism has something for you—and How to Be a Stoic is your essential guide. (shrink)

There is a prevalent notion among cognitive scientists and philosophers of mind that computers are merely formal symbol manipulators, performing the actions they do solely on the basis of the syntactic properties of the symbols they manipulate. This view of computers has allowed some philosophers to divorce semantics from computational explanations. Semantic content, then, becomes something one adds to computational explanations to get psychological explanations. Other philosophers, such as Stephen Stich, have taken a stronger view, advocating doing away with (...) semantics entirely. This paper argues that a correct account of computation requires us to attribute content to computational processes in order to explain which functions are being computed. This entails that computational psychology must countenance mental representations. Since anti-semantic positions are incompatible with computational psychology thus construed, they ought to be rejected. Lastly, I argue that in an important sense, computers are not formal symbol manipulators. (shrink)

“An original, compelling, and provocative exploration of ethical issues in our society, with thoughtful and balanced commentary. I have not seen anything like it.” —Alan Lightman, author of Einstein’s Dreams Drawing upon the author’s two decades teaching medical ethics, as well as his work as a practicing psychiatrist, this profound and addictive little book offers up challenging ethical dilemmas and asks readers, What would you do? A daughter gets tested to see if she’s a match to donate a kidney to (...) her father. The test reveals that she is not the man’s biological daughter. Should the doctor tell the father? Or the daughter? A deaf couple prefers a deaf baby. Should they be allowed to use medical technology to ensure they have a child who can’t hear? Who should get custody of an embryo created through IVF when a couple divorces? Or, when you or a loved one is on life support, Who says you’re dead? In short, engaging scenarios, Dr. Appel takes on hot-button issues that many of us will confront: genetic screening, sexuality, privacy, doctor-patient confidentiality. He unpacks each hypothetical with a brief reflection drawing from science, philosophy, and history, explaining how others have approached these controversies in real-world cases. Who Says You’re Dead? is designed to defy easy answers and to stimulate thought and even debate among professionals and armchair ethicists alike. (shrink)

Quality of democratic arrangements does matter. This kind of conceptual breakthrough has been made through painfully engagement with the nonphilosophical area of inquiry arisen by the COVID-19 pandemic. The pandemic has dramatically emphasized that health is a highly political domain. No surprise then that it made possible to challenge common thought about democratic procedures in political theory that considers procedure-independent standards suspicious. Therefore it is fair to state that the COVID-19 pandemic has taken the quality of democratic outcomes back on (...) center stage in the debate in political theory, which has been dominated by fair proceduralism’s claim not to refer to any procedure-independent standards of good political decisions. Procedural values have traditionally been seen as a defining element of fair deliberation and essential for democracy. They have been extolled in social choice theory that claims that democracy does not exhibit any particular disposition to lead to good or just political arrangements. They are the focus of attention in Jürgen Habermas’ procedural rationality, though philosophers are now more skeptical about the divorce between procedures and substantive standards. Overall, issues surrounding the topic of ensuring citizens’ health make the topic politically central and philosophically interesting for epistemic theories and impartial proceduralism theories of democracy alike. The aim of this paper is to justify the legitimacy and authority of public health policies on the basis of arguments that do not simply are a matter of their being democratic. In the first part, I want to display and criticize the idea that proceduralism’s not getting one’s hands dirty with the substance of decisions and remaining neutrally adherent only to procedures is untenable in the present case. Having criticized democratic theories that want to restrict themselves to purely procedural values, in the second part I will focus on the idea of knowledge and make explicit its characters of being practical and shared. Eventually, it will help to have one example. M-Health will show that many valuable insights would be incompatible with the restrictions of the proceduralism. Philosophical consideration of health will combine epistemic issues with political ones triggered by technology and sharpened by the COVID-19 pandemic. (shrink)

_Published in its entirety for the first time, a candid conversation with Susan Sontag at the height of her brilliant career_ “One of my oldest crusades is against the distinction between thought and feeling, which is really the basis of all anti-intellectual views: the heart and the head, thinking and feeling, fantasy and judgment... and I don’t believe it’s true.... I have the impression that thinking is a form of feeling and that feeling is a form of thinking.” Susan Sontag, (...) one of the most internationally renowned and controversial intellectuals of the latter half of the twentieth century, still provokes. In 1978 Jonathan Cott, a founding contributing editor of _Rolling Stone_ magazine, interviewed Sontag first in Paris and later in New York. Only a third of their twelve hours of discussion ever made it to print. Now, more than three decades later, Yale University Press is proud to publish the entire transcript of Sontag’s remarkable conversation, accompanied by Cott’s preface and recollections. Sontag’s musings and observations reveal the passionate engagement and breadth of her critical intelligence and curiosities at a moment when she was at the peak of her powers. Nearly a decade after her death, these hours of conversation offer a revelatory and indispensable look at the self-described "besotted aesthete" and "obsessed moralist." “I really believe in history, and that’s something people don’t believe in anymore. I know that what we do and think is a historical creation....We were given a vocabulary that came into existence at a particular moment. So when I go to a Patti Smith concert, I enjoy, participate, appreciate, and am tuned in better because I’ve read Nietzsche.” “There’s no incompatibility between observing the world and being tuned into this electronic, multimedia, multi-tracked, McLuhanite world and enjoying what can be enjoyed. I love rock and roll. Rock and roll changed my life....You know, to tell you the truth, I think rock and roll is the reason I got divorced. I think it was Bill Haley and the Comets and Chuck Berry that made me decide that I had to get a divorce and leave the academic world and start a new life.”. (shrink)

One of the issues with introducing animal rights law is whether the problem is quantitative or qualitative, whether it can be achieved by working within existing legal paradigms or whether it requires a new set of paradigms. The answer is fundamental: a quantitative problem can be solved by applying more of the same solutions, while a qualitative problem requires completely different solutions. The qualitative camp can be represented by, say, Professor Gary Francione, demanding not only rights for animals but that (...) they have personhood and are no longer considered “property.” The quantitative approach can be finely represented by Professor David Favre, who has argued for many years that we can make progress by developing existing legal principles to give some rights to some animals, and he does so eloquently in his new book. He is clear in his view that progress is, and can continue to be, made with a series of steps, as he puts it, “climbing the slippery slope toward personhood” (p. viii).His case is supported by looking backward—progress made in establishing the rules governing humans in their relationships with animals—as well as forward to developments that will support continuing improvement in the lives of animals, not least the potential for technology (for example, through cell- and plant-based meat). At the same time, he also rightly rejects the concepts of animal welfare and animal rights being at odds, let alone either of them being a panacea for better lives for animals.One aspect of animal law that Favre believes does need to change is that of property status. As he says, the status of animals as personal property is “critical to the future of animal law” (p. 25). In general, the solutions have been largely binary—that animals simply cannot be property for them to have meaningful rights or that animals can be property and still have rights. The former makes intuitive good sense (and is consistent with the objectives of the human abolitionist movements) but would have enormous effects on economic activity throughout the world. The latter is appealing because it does not change the current paradigm, so can be developed more easily.Favre's premise is that we are moving toward rights for animals, so we need to find a way of integrating animals into the current legal system rather than having to destroy and reconstruct the legal system. His ingenious solution is to propose a fourth category of property, alongside real, personal, and intellectual property: “living property.”Within this category, he envisages using the common law concept of the trust to provide equitable “self-ownership,” where an animal has equitable “ownership” while a human retains legal “ownership.” He then connects this concept to adaptations in other aspects of law that start to recognize the selfhood of animals, creating a platform onto which broader and deeper rights for animals can develop, such as the status of “animalhood” (p. 72) and the corresponding legal right of consideration before decisions are made by the state affecting an animal's fundamental interests (such as continuing to be alive). By putting animals in a separate class—rather than uncomfortably leaving them in personal property—he creates a possible route for animal rights that seems less paradigm-busting than removing them from being property altogether.Drawing on evidence from criminal law, tort law, equity (trusts), property law, and family law, he shows how in many places—with a focus on states in the United States—existing laws are being adapted (“green shoots” p. 81) to recognize that animals are more than personal property, in ways that cannot be explained simply through the growth of regulations. For example, family law is starting to recognize that in the division of matrimonial assets, companion animals cannot be treated simply like any other personal property such as a table or a car based on who paid for them. Because animals are “living property,” the courts should take account of other aspects, such as who cared for the animals and who looked after them. Similarly, the concept of extending trust law so that an animal can be the beneficiary of a trust—in the same way as a human can be but inanimate personal property cannot—shows that the law can understand that companion animals can play a large emotional role in our lives (as well as we in theirs), such that we want to ensure proper care for them after we die.The book raises important issues. First, it is intentionally about domestic animals, with their close links with humans, so the potential for laws to engage is much easier than with, say, farmed animals. The danger with solutions that focus on domestic or charismatic animals (e.g., dogs, chimpanzees, elephants) is that the arguments may be pertinent essentially only to those species and therefore hard to apply to animals of less charismatic species, say in a factory farm (but who are present in much greater numbers and generally badly treated in comparison). He “leaves for another day” (p. 32) the discussion about other animals. Hopefully that day will come, as it would be interesting to see how Favre could extend his concept to animals for whom the public has less affection and less appreciation of their capacities (and for whom the prospect of death is much more real and imminent).Secondly, public support for these ideas about living property may simply not be present. If there is not a sufficient groundswell of support for changing the status of animals, then whether one proposes changing it to not-property or “self-owned” property doesn't matter (if someone doesn't like needles, it doesn't matter whether the needle you propose to use is big or small). This may be too pessimistic, of course (people can be helped to overcome a fear of needles, and one way to start is with small needles). Perhaps the law should start with small changes to recognize at least a few animals—their sentience, their capacities for pleasure and pain, their emotions and preferences, their potential for autonomy—and build public support from there.There is also the underlying and more radical point about whether these ideas—the trust for a beloved companion set up by the human, the divorce settlement that doesn't just give the companion to the party who paid for them—are actually bringing about changes for animals as such or are simply adapting laws to help humans, recognizing human needs, and do not actually change the status of animals. The ends are still humans, and the means are still animals.This is not intended to paint a bleak picture: The more bluntand uncompromising part of the animal rights movement that has been focused on the qualitative problem has hardly been successful at getting animal rights laws passed anywhere in the world, so everything that moves us closer to a better, richer, more thoughtful view of animals will help. Favre's approach has ingenuity, shows good sense, and has the potential to bring about real animal rights. The themes and cases in this book that show how courts and legislatures are becoming more aware of the sentience of at least some animals, as well as proposing a middle path in the debate about animals as property, are important in the journey toward recognition of animal rights. Even more important, they may actually work. (shrink)

The Radical Enlightenment has been much discussed and its original meaning somewhat distorted. In 1981 my concept of the storm that unleashed a new, transnational intellectual movement possessed a strong contextual and political element that I believed, and still believe, to be critically important. Idealist accounts of enlightened ideas that divorce them from politics leave out the lived quality of the new radicalism born in reaction to monarchical and clerical absolutism. Taking the religious impulse seriously and working to defang (...) it of bellicosity would require years of labor. First all the world’s religions had to be surveyed, see Picart’s seven folio volumes; and Rousseau’s Savoyard vicar had to both preach and live religion simply as true virtue; and finally Jefferson editing the Bible so as to get the irrational parts simply removed, thus making people more fit to grant a complete religious toleration. Throughout the century all these approaches to revealed religion may be legitimately described as radical. Each produced a different recommendation for its replacement. As I have now come to see, the pantheism I identified in 1981 would lead in many directions, among them lay the search to understand all human religiosity and to articulate a universal natural religion. (shrink)

When people develop dementia, their ability to make important decisions recognized by law—such as to change an estate plan, make a large purchase, or get married or divorced—is increasingly comprom...

In a startling reinterpretation of the evidence, Stillman Drake advances the hypothesis that Galileo's trial and condemnation by the Inquisition was caused not by his defiance of the Church, but by the hostility of contemporary philosophers. Galileo's own beautifully lucid arguments are used to show how his scientific method was utterly divorced from the Aristotelian approach to physics in that it was based on a search not for causes but for laws. Galileo's method was of overwhelming significance for the development (...) of modern physics, and led to a final parting of the ways between science and philosophy. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Self-Knowledge and the Limitations of NarrativeJeanette BicknellIn this passage from his Confessions, St. Augustine recounts some youthful shenanigans: "In a garden nearby to our vineyard there was a pear tree.... Late one night—to which hour, according to our pestilential custom, we had kept up our street games, a group of very bad youngsters set out to shake down and rob this tree. We took great loads of fruit from (...) it, not for our own eating, but rather to throw it to the pigs.... Foul was the evil, and I loved it... I loved my fault itself. Base in soul was I...."1Here a mature Augustine looks back on his boyhood self with recrimination and reproach. Stealing pears is not seen as an immature prank but as evidence of a base soul. Yet for all the force and gravity of his words, it is not difficult to imagine a younger Augustine, before his conversion to Christianity, light-heartedly reminiscing with friends about these very same incidents. Of these two stories—the one he tells in the Confessions and the one he might have told—which provides a more accurate portrayal of Augustine's boyhood soul? Which is closer to the truth?Narrative and personal identity would seem to be inextricably bound.2 Telling stories or imposing a narrative coherence on events is one of the main ways in which we make sense of our experience. We also get to know others by listening to their stories, thus learning the narrative coherence they have placed on events in their own lives. Over the course of a lifetime stories may change. Characters first dismissed as "bit players" may gain importance. Gestures or words earlier thought to [End Page 406] be unimportant may, in retrospect, take on greater significance. With time and reflection one's past may be re-interpreted as displaying error, alienation or ignorance. A cataclysmic religious conversion is only one of many factors which might prompt such reflection and reinterpretation. Illness, divorce, and the death of loved ones are other possible causes.Here is my worry: presumably we would like to believe that our "new" stories are improvements on the old, and that they reflect greater self-knowledge, possibly even greater moral awareness. Yet given that any number of possible narratives can make sense of a set of events, how can we determine that any one story or way of understanding the past is better than any other? How are we to distinguish those stories which reflect greater understanding from those which are simply re-descriptions or re-interpretations without greater insight on the part of the individual? We may disagree about particular cases; those with a religious world view are likely to believe that, post-conversion, Augustine is telling the "right" story about the pear theft. However most would concede that some ways of understanding the world are simply less adequate than others—"less adequate" both in the sense of "less reflective of the truth" and "less conducive to good relations with others." Few would defend the worldview of the inveterate racist, for example. The problem of determining whether a story reflects greater understanding and self-understanding is all the more challenging if we take seriously the view that narrative structure is the organizing principle, not only of experiences and actions, but of the very self that experiences and acts.3 How radically must one's personal narratives change before her very identity has also changed?Concerns about the epistemological status of personal narratives bring us up against the limitations of narrative as a tool for understanding persons. Given the under-determination of narrative by events, listening to a person's stories will not be enough to understand her. In this paper I do two things. First, I illustrate some of my worries about the epistemological status of narratives through an examination of Tolstoy's short novel The Kreutzer Sonata. I argue that, despite protestations to the contrary, the protagonist has not acquired greater self-knowledge. He has changed the stories he tells about himself without having understood his past or those around him any better. Then I sketch what a genuine increase in self... (shrink)

This article is intended as a critique of recent theorizations of sexuality and desire, which have led performative theorists to contend that gender is an effect of discourse, and sex an effect of gender. It results from informal discussions between the three authors on the mechanisms through which sexuality gets objectified in modernity. The ideas of influential Western thinkers are confronted with field data on sexuality - as lived and imagined - that the authors have been gathering in Amazonian societies, (...) Trinidad, and on the Internet. Ethnographic data and Western theories about the nature of eroticism are used to argue that the utopian definition of sexuality as sexual desire and will to identity is too divorced from the mundane - love, domesticity and reproduction in a broad sense - and based on a too limited sphere of social experience. Consequently, to apply this definition to how and why humans engage in sexual activity leads to erroneous generalizations. For when encountered ethnographically, sexuality consists of practices deeply embedded in relational contexts. The article concludes with the proposition that debates about the possibilities of human sexuality and of its political intervention will make no significant progress unless we stop repeating that `sexuality is socially constructed', and start looking at the ways in which it is lived as part of everyday social life. (shrink)

Richard Rorty’s liberal utopia offers an interesting model for those who wish to explore the emancipatory potential of a post-foundational account of politics, specifically liberalism. What Rorty proposes is a form of liberalism that is divorced from its Kantian metaphysical foundations. This paper will focus on the gulf that appears between Rorty’s liberal utopia in theory, the political form that it must ultimately manifest itself in, and the consequences this has for debates on pluralism, diversity, and identity, within liberal political (...) thought. -/- The strength of Rorty’s liberal utopia, in his analysis, lies in the fact that with the rejection of philosophy and metaphysics, we can simply get on with the job of reducing cruelty through experimental tinkering with the liberal political system. Instead of trying to develop intellectually sophisticated justifications for why we act, we should just act. Political action, for Rorty, does not require a philosophical or metaphysical justification. However, upon closer critical examination, we can see that whatever potential Rorty’s liberal utopia may have in theory, this is negated by the fact that at the level of political praxis, his re-description of liberalism leaves us with a conception of liberalism that is essentially unchanged. Whilst Rorty has re-situated liberalism from the philosophical to the political, his solution fails to address any internal problems. (shrink)

During the Mamlūk period (648-923/1250-1517), some developments such as the support of the state dignitaries for scholarly activities, the interest of the ʿulamā to the Mamlūk geography and the establishment of many scientific institutions increased the interest in scholarly activities in society. In this period of intensive scholarly activities, women also started to increasingly take part in this field, and as a result, many female scholars were trained. The fact that women scholars were encountered among the teachers of the famous (...) scientists of the period is a clear proof of this situation. As a matter of fact, the teachers of Najm al-Dīn Ibn Fahd, one of the famous muḥaddiths and historians of the 9th (15th) century, set an obvious example for this. Sixty-seven of his four hundred ninety-seven teachers were women. Najm al-Dīn Ibn Fahd, a member of a prominent ʿulamā family of Mecca, traveled to different cities in the Mamlūk geography and took lessons from many teachers, men and women. What is more valuable for our subject is that he wrote a work called Mu’jam al-shuyūkh, which contains extremely important information about his teachers. This article tries to assess women's participation in scholarly activities and social positions in Mamlūk society, based on his female teachers. This work, made up of two parts, first deals with women’s opportunities to pursue academic studies and their subsequent contributions to science. The second part is about their position in social life which stemmed from the families they belonged to and from their marriages. In this article, in which sixty-seven female scholars of Najm al-Dīn Ibn Fahd are discussed, some important results have been reached. This look into his sixty-seven female teachers shows how widespread women’s relationships with scholarly circles were in Mamlūk society, and that especially girls of families with scholarly traditions were included in academic circles from a young age. These girls were able to get their initial education from close relatives and then they were able to connect to academic circles easily via family relationships, taking courses with many scholars including women. Women have been instrumental in the transfer of knowledge more so than its production. Their efforts both during their studies and as scholars were focused on ḥadīth transmission. It is difficult to pinpoint the exact reason why ḥadīth sciences were the focus, but one can say that the ubiquity of ḥadīth sessions and their ease of accessibility must have been a factor. It is seen that young girls who participated in these sessions were encouraged to study with older scholars, thereby acquiring a strong isnād chain and becoming a source of information in later years for the transmission of knowledge. However, it is hard to say that every woman who got some education took a role in knowledge transmission. One can even claim, based on Najm al-Dīn Ibn Fahd’s female teachers, that a lot of women in academic circles did not take a role in knowledge transmission as scholars, despite their potential. The fact that no official institutions are mentioned with regard to women’s acquisition and transfer of knowledge may be indicative of the importance of teacher-student relationships rather than institutions, or, it can be that women were more active outside of these official institutions. Also, the fact that most of Najm al-Dīn Ibn Fahd’s female teachers were all taught by several common teachers shows the liveliness of academic activity outside of official institutions. There is very little narration regarding the social lives of women who were engaged in scholarly activities. Among the most important reasons why this is so is the desire to put their scholarly competencies to the forefront. However, it is possible to get some information about their families and marriages for many of them. One can see that Najm al-Dīn Ibn Fahd’s female teachers generally married men who were also engaged in scholarship. The fact that women, especially those in the scholarly class, married from among their relatives must have been related to this. All of the married women except one have at least one child. While divorce is not too common, marrying again as a result of the death of a husband or as a result of divorce is not rare. (shrink)

Does feminism give a much-needed voice to women in a patriarchal world? Or is the world not really patriarchal? Has feminism begun to level the playing field in a world in which women are more often paid less at work and abused at home? Or are women paid equally for the same work and not abused more at home? Does feminism support equality in education and in the military, or does it discriminate against men by ignoring such issues as male-only (...) draft registration and boys lagging behind in school? The only book of its kind, this volume offers a sharp, lively, and provocative debate on the impact of feminism on men. Warren Farrell--an international best-selling author and leader in both the early women's and current men's movements--praises feminism for opening options for women but criticizes it for demonizing men, distorting data, and undervaluing the family. In response, James P. Sterba--an acclaimed philosopher and ardent advocate of feminism--maintains that the feminist movement gives a long-neglected voice to women in a male-dominated world and that men are not an oppressed gender in today's America. Their wide-ranging debate covers personal issues, from love, sex, dating, and rape to domestic violence, divorce, and child custody. Farrell and Sterba also look through their contrasting lenses at systemic issues, from the school system to the criminal justice system; from the media to the military; and from health care to the workplace. A perfect book to get students thinking and debating, Does Feminism Discriminate Against Men? A Debate is ideal for courses in gender studies, sociology, psychology, economics, feminist philosophy, and contemporary moral issues. It is also compelling reading for anyone interested in the future of men and women. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Imagining Karma, Ethical Transformation in Amerindian, Buddhist, and Greek RebirthA. L. HermanImagining Karma, Ethical Transformation in Amerindian, Buddhist, and Greek Rebirth. By Gananath Obeyesekere. Berkeley: University of California Press, 2002. 448 pp.Gananath Obeyesekere, professor emeritus of anthropology at Princeton University, is probably one of the world's greatest living anthropologists. The proof of that assertion lies in this his latest work on comparative anthropology, a study of the concept (...) and practice of rebirth—"reincarnation" as he calls it—from ancient Greece and India to modern West Africa, Melanesia, and North America. In what follows let me briefly set forth what I understand his central thesis to be, the evidence for it, and the conclusions to be drawn from it. I will end with two very modest problems connected with this altogether intriguing and brilliant investigation into the doctrine of rebirth.As a modified structural anthropologist, Gananath Obeyesekere rejects the rationalist model structuralism of Claude Levi-Strauss. He follows instead the lead of two of his empiricist predecessors, Max Weber and Fernand Braudel, pointing out that structures, types, or models "are constructions of scholars, not universals waiting to be discovered" (p. 351). Consequently, as this book aptly proves, Obeyesekere's own "imagined" models are based on parole data following the actual language of the cultures being studied.Obeyesekere thus begins his book with an elementary rebirth structure based on such parole. He refers to this primitive, first structure as "rebirth eschatology," which entails the rebirth of a deceased's soul into the body of a newborn relative of the deceased but without any determining ethical component as found in the more sophisticated and complex "karmic eschatologies." Such ethically neutral kin group rebirths are found among certain small-scale societies in West Africa, the Trobriand Islands, the Northwest American coast tribes, and the Inuits (Eskimos). Obeyesekere [End Page 303] draws extensively on field studies of these groups to bolster his conclusions about them. This simple rebirth eschatology is non-Indic in origin, Obeyesekere claims, since no evidence of influences have been found between these practitioners of rebirth eschatology and work relating to the Indic religions (Hinduism and Buddhism). The entry of the soul into postdeath life, either in this world or the world of the ancestors, depends not at all, consequently, on one's this-worldly behavior such that "morality does not affect the fate of the soul after death" (p. 74).Obeyesekere turns next to the "transformation" of this rebirth eschatology. It occurs with the introduction of the concept of ethicization, "the processes whereby morally right or wrong action becomes a religiously right or wrong action that in turn affects a person's destiny after death" (p. 75). It is Obeyesekere's contention that when ethicization is systematically introduced into any rebirth eschatology the latter must logically transform itself into a so-called "karmic eschatology." In other words, this second topological model or conceptual structure, karmic eschatology, the new ethicized rebirth eschatology, says that the otherworld for the dead is not simply a way station for departed souls waiting to be reborn, but rather that otherworld is now a place of retribution and punishment. Kinship affiliation alone no longer determines who goes where after death but moral action does. My own guess is that rebirth eschatology was introduced to answer the question of why the grandchild resembles the deceased grandparent. Karmic eschatology, on the other hand, was probably introduced to solve a more complex and sophisticated puzzle: Why is it, if there really is justice in the universe, that the wicked never get appropriately punished and the good never get sufficiently rewarded? At this stage of transformation, the law of karma, or some other principle of universal justice, now says that everyone gets what's coming to them, either in this life or the next, and that rebirth is necessary to make that principle of justice workable.1 In arguing that "rebirth cannot be divorced from ethics; it looks as if it is generated from ethics" (p. 82), Obeyesekere would seem to concur that karmic eschatology was introduced to answer the question: Why do the wicked seem to prosper and the good appear to suffer?Following... (shrink)

“The Will to Believe” defines the religious question as forced, living and momentous, but even in this article James asserts that more objective factors are involved. The competing religious hypotheses must both be equally coherent and correspond to experimental data to an equal degree. Otherwise the option is not a live one. “If I say to you ‘Be a theosophist or be a Mohammedan’, it is probably a dead option, because for you neither hypothesis is likely to be alive.” James, (...) WB, p. 3. Analogously, in A Pluralistic Universe James is at pains to convince the reader that his own religious hypothesis is just as “objective,” makes just as much sense, etc. as alternative possibilities: the “only thing I emphatically insist upon is that it [pluralistic pantheism] is a fully coordinate hypothesis with monism. This world may, in the last resort, be a block universe; but on the other hand, it may be a universe only strung along, not rounded in and closed. Reality may exist distributively just as it sensibly seems to, after all. On that possibility I do insist.”William James, A Pluralistic Universe (New York: Longmans, Green, and Co., 1909) p. 328.Here, once again, before the will to believe can be employed, the objective factors of competing hypotheses, their equal coherence and correspondence, must be brought out.When reconstructed, James' overall outlook has a “qausi Kuhnian” taint to it- though obvious differences remain. Much of what goes on in evaluating competing scientific hypotheses is either not forced, or not living, or not momentous, but rather “typical,” “dead,” and “avoidable,” in short very “normal.” But there are moments in the history of science where the decision between hypotheses might well be forced, living and momentous, and sometimes James comes close to recognizing this.Analogously, a good deal of what goes on in religion is not forced, not living or not momentous - in short it is all too “normal”. In The Varieties of Religious Experience for example, James proposes to ignore the institutional branch of the religious domain and to concentrate on personal and psychological factors, his reason being that the institutional aspect concentrates on the routine, the normal. “Worship and sacrifice, procedures for working on the dispositions of the deity, theology and ceremony and ecclesiastical organization, are the essentials of religion in the institutional branch. Were we to limit our view to it, we should have to define religion as an external art, the art of winning the favor of the gods.” James, VRE, p. 29. and again “The word ‘religion,’ as ordinarily used, is equivocal. A survey of history shows us that, as a rule, religious geniuses attract disciples, and produce groups of sympathizers. When these groups get strong enough to ‘organize’ themselves, they become ecclesiastical institutions with corporate ambitions of their own. The spirit of politics and the lust of dogmatic rule are then apt to enter and to contaminate the originally innocent thing; so that when we hear the word ‘religion’ nowadays, we think inevitably of some ‘church’ or other.” Clearly here religion has a normal, i.e. trivial side, just as does science. On the other hand, there are revolutionary moments in religion, such as that of choosing between theism and materialism in Pragmatism, or choosing among theism, monistic pantheism and pluralistic pantheism in A Pluralistic Universe. Such moments involve the will to believe and are clearly more personal than their counterparts in the domain of normal institutionalized religion. Going further, there are no doubt differences of degree between the will to believe decisions in science and the will to believe decisions in religion. These have been explicated in more specific terms by Ian Barbour in his article, “Paradigms in Science and Religion.” ...each of the ‘subjective’ features of science... is more evident in the case of religion: (1) the influence of interpretation on data, (2) the resistance of comprehensive theories of falsification, and (3) the absence of rules for choice among paradigms. Each of the corresponding ‘objective’ features of science is less evident in the case of religion: (1) the presence of common data on which disputants can agree, (2) the cumulative effect of evidence for or against a theory, and (3) the existence of criteria which are not paradigm-dependent. It is clear that in all three respects religion is a more ‘subjective’ enterprise than science. But in each case there is a difference of degree - not an absolute contrast between an ‘objective’ science and a ‘subjective’ religion. Ian Barbour, “Paradigms in Science and Religion,” in Paradigms and Revolutions, edited by Gary Gutting (Notre Dame: University of Notre Dame Press, 1980) pp. 242–43. Barbour correctly notes that the “...choice is not between religion and science, but between theism, pantheism, and naturalism, let us say, as each is expressed in a particular historical tradition. No basic beliefs are capable of demonstrable proof.”Ibid., p. 243. James sometimes comes close to recognizing this but his oscillation on the status of the everyday world of common sense, or the perceptual world, causes him not to see the issue clearly. When the animated world of the perceptual is taken as the all inclusive ‘really real,’ science is viewed as an abstract, second class citizen. But James offers what we would consider a more sophisticated and adequate perspective when he views the world of common sense, having become linguistified, as itself suspicious, and consequently views all three tiers - common sense, scholastic philosophy, and science - as “regional ontologies”, or “language games” in Wittgenstein's terminologySee Ludwig Wittgenstein, Philosophical Investigations, translated by G.E.M. Anscombe (New York: The Macmillan Company, 1953), paragraph 7, paragraph 23. For the notion of “regional ontology” see Edmund Husserl, Ideas, translated by W.R. Boyce Gibson (New York: Collier Books, Macmillan Publishing Company, Inc., 1962) p. 57ff; p. 158ff. - and opposes all three to a more primordial or prereflexive level. When James takes this second approach it is easier to see that the basic distinction he began to make in “The Will to Believe” was between the scientific and religious domain where the will to believe was to be employed, and the domain of “ordinary” religion and science. Finally this position anticipates his ultimate metaphysical outlook, viz. “pure experience” as approachable through language on a series of diverse regional levels, but nonetheless not completely describable within language. It is important to recall that in The Varieties of Religious Experience James distinguishes between the science of religions and what he calls living religion: [T] he science of religions may not be an equivalent for living religion; and if we turn to the inner difficulties of such a science, we see that a point comes when she must drop the purely theoretic attitude, and either let her knots remain uncut, or have them cut by active faith. James, VRE, p. 489. The study of religion, in short is not the activity of religion; the latter is animated, personal, and, we would argue, necessitates a commitment in terms of the will to believe. Once again, however, James hesitates over offering the same two-fold delineation in other areas of science. On the one hand he tells the reader that “science-has ended by utterly repudiating the personal point of view.”Ibid., p. 491. On the other hand, he offers the following comment a few pages later on in a footnote: ...the divorce between scientist facts and religious facts may not necessarily be as eternal as it at first sight seems, nor the personalism and romanticism of the world, as they appeared to primitive thinking, be matters so irrevocably outgrown. The final opinion may, in short, in some manner now impossible to forsee, revert to the more personal style, just as any path of progress may follow a spiral rather than a straight line. If this were so, the rigorously impersonal view of science might one day appear as having been a temporarily useful eccentricity rather than the definitely triumphant position which the sectarian scientist at present so confidently announces it to be.Ibid., p. 501, Footnote. The burden of this paper has been to indicate that when James' two-fold outlook on perception and/or common sense is properly reconstructed, the raproachment between science and religion is not so “impossible to forsee.”. (shrink)

The type of ‘Al-isnād al-āli’ (higher chain of authority) which has great importance for the science of ḥadīths that constitutes the second best source of the Islam, expresses the value in terms of its proximity to the period of the Prophet Muhammad (peace be upon him). If ḥadīth has ‘al-isnād al-āli’ in the works of the scholars provides us with assurance on the intend of the ḥadīth. For this reason, the values of the works of those authors who have constructed (...) their works with al-isnād al-āli undoubted in the science of ḥadīth. However the work of Abu al-Jahm al-Bāhilī’s (d. 228/842) named al-Juz‘ had that kind of ḥadīth, it has not appreciated by scholars, he could not get enough attention in his period and after it. His work contains famous scholar al-Layth Ibn Sa‘d’s (d. 175/791) narrative who claimed by ḥadīth scholars that his students neglected and omitted his ḥadīths and knowledge. Al-Layth Ibn Sa‘d was known doing transmission by written copies. The similarity of al-Layth Ibn Sa‘d narrations in al-Juz‘ with al-Layth narrations, which are also found in other sources, strengthens the claims of the existence of a narrative process based on the written texts in the early periods. In this study, these transfers of Abu al-Jahm reflected on other works will be examined and tried to build narrations of his teacher al-Layth Ibn Sa‘d. country, we can say that the article will contribute to the studies of the history of religions.Summary: Ḥadīth works written in the third century of hijri are the most distinguished sources. The most fundamental works in the science of ḥadīth were written in this time. In the following period, numerous studies have been committed to paper on them. One of the eminent works is the named al-Juz’, which belongs to Abu al-Jahm al-Bāhilī (d. 228/842). The author was not a person that was taken into consideration much during his time. It is possible to that he has been criticized about his scientific proficiency (al-Jarh). Nevertheless, al-Juz’ attracts attention due to the fact that it contains the type of ‘al-Isnād al-āli’ (higher chain of authority). Al-Isnād al-āli, which means access with the least number of narration from the author to the Prophet has very major role to determining of being dependable and certainty of the ḥadīths. The work of Abu al-Jahm which contains the ‘al-Isnād al-āli’ did not attract enough attention. However, another value of the al-Juz‘ is that its been included the narration of famous muhaddith Al-Layth Ibn Sa'd (d. 175/791). He is one of the valued mujtahid imams who have played an active and important role in second century of hijri. Al-Layth's narrations have been available insufficient amount present day. At this point the al-Juz‘ of Abu al-Jahm has great important because it contains many narrations of his shaykh Al-Layth Ibn Sa'd.The Juz‘ seems to has attracted the attention of the ḥadīths scholars in the following period. Indeed, various authors had the get authorization to narrate al-Juz‘. Furthermore, it is also known that some scholar in his period utilized his narration in their own study. For in¬stance, it was declared by Ibn Ḥajar (d. 852/1449) that al-Bukhārī (d. 256/870) had a narra¬tion belonging to Abu al-Jahm in his work ‘al-Ṣaḥīḥ al-Bukhārī’ with a muʻallaq chain (Omit¬ting his name). In the following periods, we come across famous muhaddith such as Aḥmad b. Ḥanbal (d. 241/855), al-Ṭabaranī (d. 360/971), Abū Bakr al-Marwazī (d. 292/905), al-Dāraquṭnī (d.385/995) and al-Bayhaqī (d. 458/1066) who received qualify of Juz's narra¬tion. Although the narrations of Abu al-Jahm are included in the prominent works of schol¬ars, it is clearly seems that the Juz‘ had not enough value except being procure as a written text. As far as we determined there are eleven narration of Abu al-Jahm in the main ḥadīth sources. In addition, we detected that some studies which contain some ḥadīth of al-Juz’ are list them in the same layout and order. This situation indicates that al-Juz’ is owned by these people as a duplicated edition and they narrated by not only orally transmitted but also spread by writing copy. This inference strengthens the theory which conceived by Modern researcher Fuad Sezgin (1924-2018) that ḥadīth transmission had conducted not only through oral transfer but also through written copies.Even though he lived in a very active time of oral transmission of ḥadīth and the time of specific journey for learning and pursuing ḥadīth, it is seen that Abu al-Jahm formed his Juz‘ from the ḥadīths that he procured only from his six shaykhs. That was quite less amount in that period. Juz‘, has an ʿAlāʾ al-Rijāl classification (ranked according to narrators) as ex¬pected in his period method. Abu al-Jahm began his study with his shaykh Al-Layth Ibn Sa'd’s narration, then completed with Sufyān ibn ʿUyayna’s. Juz‘ includes 112 ḥadīths. Ex¬cept two muʻallaq isnāds (omitting one or more narrators), all of ḥadīth has muttaṣil isnāds (narrators in the chain connected each other without omitting). Al-Juz‘ available nowadays in a published form. It seems that some of ḥadīth datas included in the Juz‘ have content against Islamic juris-prudential judgements. For example, the Prophet’s sayings ‘One or two swallow of breast milk does not make haram’ and ‘Nobody can fast or pilgrimage for the benefit of someone else’; allowing to Subay‘a al-Aslamī to marry without waiting her ‘iddah (waiting period of a woman after the death of her husband or divorce); when she gave birth, ʿUthmān b. ʿAffān’s permission to al-Rubay‘a bint Mu‘avvidh not to wait her ‘iddah; when ʿAbd Allāh b. ʿUmar has nasal bleeding he leaves the prayer, goes to wash, then back and continue where he leave off, without taking ablution; and describing marriage with polytheist women as for¬bidden (ḥarām). Of course, all this information must be examined within the framework of Islamic jurisprudence. However, Abu al-Jahm stands alone (tafarrūd) in such issues, it can be seen as the reasons to be recognized as a censured person (majrūḥ).Al-Juz‘ included 66 isnāds of Al-Layth Ibn Sa'd’s narration. Therefore it leaves behind all the works that compile the narration of Ibn Sa'd. That is why, we hypothesize that Juz‘ is a form of Al-Layth’s study that has survived to the present days. As a matter of fact, the muhaddiths who included the narrations of Al-Layth in their works, especially Ibn ḳuṭlūbughā could not ignore the Juz‘ of Abu al-Jahm; on the contrary, they took it as reference. In this case, it should be said that Abu al-Jahm al-Bāhilī is a loyal follower of Al-Layth and the word at¬tributed to Imām Shāfi‘ī and characterizing Al-Layth’s followers with disloyalty is invalid. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:386 HISTORY OF PHILOSOPHY species of pragmatism, it could be said that there is indeed some justification for discovering analogies between the Heideggerian theory of truth and pragmatism. What is deplored by Vers6nyi is the loss of the concrete significance of tIeidegger's early theory of truth (as Vers~nyi characterizes it) and its replacement by a conception of truth which is paradoxical and ultimately fruitless for an understanding of the (...) world in which man finds himself. If Being is the groundless Ground, the Wholly Other, and if Being is truth, then truth is inaccesible to man. Truth, in Heidegger's later works, is beyond the finitude of self-reflective thought and can only be approached by means of a via negativa. This, however, is described as the "abandonment of reason." This critical analysis of Heidegger's thought is an interesting and challenging work which attempts a much needed appraisal of Heidegger's philosophical "voyage" from Being and Time to Gelassenheit. Some will be angered by the author's incisiveness; some will applaud his hostility to the dissolution of reason in mysticism; none can be indifferent to this valuable contribution to the study of Heidegger. GEORGEJ. STACK Long Island University A Short History o] Ethics. By Alasdair MacIntyre. (New York: The Macmillan Co., 1966. Pp. viii + 280 $4.95.) Professor MacIntyre's Short History o] Ethics turned out, to my surprise and pleasure, to be a quite different book from what I had expected. I had assumed from its title that it would consist of an exposition, analysis, and perhaps criticism of the theories of the standard great figures from the history of Western moral philosophy, stitched together by a thin thread of historical narrative. It does contain this standard material and the quality of exposition and analysis is very high. But there is much more to the book than that. For in it MacIntyre devotes a great deal of space to political and social philosophy, with discussions of figures like Machiavelli, Locke, Montesquieu, Rousseau, and Marx. Another subject that gets a good deal of attention is religion, including such writers as Luther, Calvin, and Kierkegaard. Even further afield, Professor MacIntyre surveys the beliefs and activities of certain social reformers---for example, the Diggers and Levellers in 17th century England--and the developments and changes in the moral attitudes and relationships of people in certain societies--for example, in ancient Greece. The result is a book that is very rich and varied in content, fascinating to read, and informative. Anyone, student or teacher, who is interested in technical ethics would be well advised to study it. Maclntyre has reasons for giving his book the wide scope it has. For he believes that ethics is a broad subject, concerned with the whole range of man's activities as a practical being. He rejects the notion currently popular that ethics should be a second-order undertaking, morally neutral in itself and limiting its activities to the logical analysis of first-order moral utterances (p. 3). The ethicist cannot, he believes, divorce himself from the social setting in which he lives, taking up a neutral position above the fray, because the very concepts he uses in his thinking and writing are "embodied in and are partially constitutive of forms of social life" (p. 1). The moral philosopher, in other words, is and must be articulating a set of beliefs and ideals that arise out of the general social and historical setting of which he is a part. To understand and appreciate his theories, therefore, we must be conversant with the social organization, political structure, and religious faith of his society. For it is only within this broad context that the concepts that any given ethicist employs become intelligible. MacIntyre's view seems to have one very controversial implication, on which I should like to comment. If the concepts employed by the ethicist are embodied in a given form of social life, then no ethical theory can transcend its historical setting, hence the question, Is a given ethical theory true or false? cannot legitimately be asked. The result is historical BOOK REVIEWS 387 relativism. MacIntyre recognizes this implication and has a good deal to... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.2 (2000) 189-202 [Access article in PDF] Spinoza in Denmark and the Fall of Struensee, 1770-1772 John Christian Laursen * Baruch (Benedict) de Spinoza was the arch-heretic of the late seventeenth and eighteenth centuries. He was denounced in half a dozen languages from the time he began to publish until at least the 1780s, when Lessing's allegiance to Spinoza became the heart of (...) a literary scandal. 1 In time-honored fashion, some of these denunciations led to the burning of books and the imprisonment or banning of authors. The most spectacular case, however, led to the trial of a prime minister, the cutting off of his right hand and of his head, and the drawing and quartering of his body in full public ceremony. The year was 1772, the prime minister was Johann Friedrich Struensee, and the country was Denmark.Late eighteenth-century Denmark was not known for barbarities of the type represented by Struensee's execution. Previously disgraced prime ministers had merely been imprisoned, and other political enemies of the ruling powers had [End Page 189] merely been exiled. 2 Why such harshness with Struensee? What was at stake in the fall of Struensee?The answers to these questions are complex, but an important element of those answers lies in Struensee's public image, which made it seem both necessary and justifiable to treat him with such harshness. In turn, public opinion about Struensee was closely tied to the reputation of Spinoza. This essay will show that charges of Spinozism were part of the campaign that poisoned public opinion against Struensee. This was an unusually clear case of a theological and philosophical debate having direct political effects.Before getting to the role of Spinozism and anti-Spinozism in eighteenth-century Denmark, let us fill in important points of the story. The charge against Struensee was lèse majesté, for plotting the death of the King and for usurping power in violation of the constitution. Behind these charges was a further element which encouraged outrage: sleeping with Queen Caroline Matilda. That much was true, as both the Queen, a sister of George III of England, and Struensee admitted, each in order to save the other. The King knew about it all along but did not care. He did not care because he had become a libertine, going out to whorehouses most nights with rowdy friends, and he figured that what was good for the gander was good for the goose. He was also schizophrenic and easily manipulable by those around him, so that Struensee and the Queen encountered no disapproval from him until he fell under other people's influence. After Struensee and the Queen were taken into custody, the King was forced to divorce the Queen and she was sent to live in a Hannoverian castle in Celle because her brother did not want the embarrassment of having her back in England. She died there a few years later. 3It is an irony that we owe our knowledge of the state of public opinion in Denmark in this period to Struensee. Until shortly before the fatal events mentioned above, the Danish press had been subject to censorship that might have prevented the expression of many of the subsequent attacks on Struensee. But in September 1770 Struensee persuaded the king to declare freedom of the press in all his realms (consisting of the kingdoms of Denmark and Norway, the Duchies of Slesvig and Holsten [Schleswig and Holstein in German], Greenland, Iceland, the Faroes, and colonies in India, Africa, and the Caribbean). 4 It is not widely [End Page 190] known that Denmark was the first country to declare unlimited freedom of the press as official public policy. For much of the century England and the Netherlands had effective freedom of the press, but it had never been declared official policy. The next to do so was rebellious Virginia, in the Virginia Declaration of Rights (1776), followed by other colonies and then the Bill of Rights of the new... (shrink)

This Special Issue comes at a time when African countries and the Global South in general are facing unprecedented crises in securing energy to power their economies. The crises are necessitated largely by the developed Western countries exerting enormous power and pressure upon the developing world to move away from fossil fuels, while at the same time the West is increasing its uptake on fossils. However, with critical self-reflection we are able to understand that a crisis of this nature is (...) not without historical precedence, as it is preceded by a series of other forms of injustices meted out upon the formerly and still colonized peoples. And not long ago, the COVID-19 pandemic on the health front, and the handling thereof, showed just how skewed and divided the world still is and laid bare race-laden inequalities both at local and global levels. So to be sure, the current crises are part of the history of struggle against race-based social injustices and demonstrate Western desire to continue its stranglehold over its former colonies. And although the energy transition is dubbed the “Just Energy Transition,” for those in the developing world who are negatively affected, there is clearly nothing “Just” about it. So whereas we generally tend to speak of social or historical injustices such as the energy crises and COVID-19, at an epistemological front we find cognitive injustice. Accordingly, the articles in this issue contribute to a series of responses by the anticolonial movement (broadly defined) in relation to injustice, particularly its epistemological ramifications on knowledge and knowledge production in the relation between the colonizer and the colonized, the center and the periphery. Furthermore, the historical exclusion of African and other non-European peoples from participation in reason had the effect that Africans in particular were precluded from philosophy itself, a phenomenon that African philosophy and associated disciplines are today still grappling with in the academy. So in a word, the articles make an important contribution insofar as reckoning with the impact that race and the history of racism has had in philosophy in particular, both as a discipline and as a human mental activity.It should be remembered that the exclusion of Africans from reason and eventually from philosophy is preceded by an earlier one, the exclusion of Africans from recognition at a human level, qua rational beings. One can talk of a history of depersonalizations and dehumanizations; of massacres and deracination inflicted upon the oppressed owing to the colonial encounter. This is why for a scholar and a philosopher of the periphery, to use Enrique Dussel’s term, philosophical inquiry cannot and ought not be divorced from human reality. In fact, scholars of the periphery often stress the need for philosophy not to abstract too much from reality; and for philosophy to confine itself with liberatory human ends, among other things. There are a number of thinkers of the periphery who famously harp upon this point. For instance, Lewis Gordon has introduced the concept of “disciplinary decadence” by which he laments the fetishization of methods and whereby disciplines become an end in themselves, thus not necessarily serving human needs. Other thinkers in this school of thought include the likes of Enrique Dussel, Charles Mills, Cornel West, Angela Davis, and George Yancy to mention but a few. Yancy speaks of the “Density project” with which he has a normative injunction upon Black philosophers. In a similar vein, Dussel remarks in the Philosophy of Liberation that “Philosophy, when it is really philosophy and not sophistry or ideology, does not ponder philosophy. It does not ponder philosophical texts, except as a pedagogical propaedeutic to provide itself with interpretive categories. Philosophy ponders the nonphilosophical; the reality.”1 This reality, as is averred, is in existential phenomenology, not merely objective reality or perhaps something out there existing on its own accord, but rather it is what Jean-Paul Sartre associates with “human reality,” which is reality as lived by people of flesh and blood. So in a world demarcated between center and periphery, human beings and subhumans, whites and Blacks, the anticolonial thinker cannot afford not to raise questions relating to social existence, “the reality.” Thus for those in the academy, one must be able to come to terms with the reality of non-Western and “non-scientific knowledges” (after Boaventura De Sousa Santos) not being recognized as credible knowledge, coupled with the possibility of being forgotten, of being completely wiped out from history. And, as we see with Bernard Matolino’s article in particular, this is the battle that African philosophy has vigorously had to deal with in the previous two or three decades.In the Western canon, philosophy is generally taken to begin with the Greeks and this, as is observed, is no historical accident but forms part of a project to relegate previous philosophical traditions to relative obscurity, and to preclude the rest of humanity from participation in reason. The idea is that for Western modernity to be a viable project, oppressed cultures must out of necessity be denied reason. On this very point, Frantz Fanon would remark in Black Skin White Masks in the following manner: “That victory [on the rational front] played cat and mouse; it made a fool of me. As the other put it, when I was present, it was not; when it was there, I was no longer.”2 In this regard Mogobe Ramose’s article notes how the Aristotlean concept of man as a rational animal becomes a misnomer insofar as this relates to the Black person. With this sleight of hand, previous civilizations such as the African (Egyptian) and Arab traditions in philosophy are supposed to vanish from history and from the epistemological landscape. In this regard, Mills’s insights will continue to haunt philosophy well into the future, long after his passing. Mills had noted that a typical philosophy program in the Westernized university will normally start off with the two Greek philosophers, namely Plato and Aristotle. From here it moves to cover the Middle Ages and probably end with theories on liberalism. And although this period covers a history of more than two thousand years of Western philosophy, there will be little or no mention of traditions that shaped philosophical thought prior to the Greeks.The above notwithstanding, the articles in this issue show, however, that not only are Africans and oppressed peoples endowed with reflective reason, but that they also possess a unique brand of philosophy. By and large, the articles not only affirm the epistemological standpoint of African philosophy but show its own genealogy, discourse, and objectives among other things.With these short remarks, the following articles cut across these thematic areas: metaphysics of race, epistemic racism, racial ontology, feminism, and decolonial literature. Accordingly, the article by Bernard Matolino begins by delving into the metaphysics of race and notes that while there is no proof that there are distinct races (after Kwame Appiah), race as a matter of social life is alive and relevant. Further, his article goes on to demonstrate how African philosophy emerged as a form of protest and native philosophers’ need to show that indigenous peoples always had a philosophy. In a similar vein, Edwin Etieyibo’s article discusses epistemic racism, and how color prejudice historically translated to other forms of racial injustices such as epistemic racism. His article makes use of the works of such thinkers as Anibal Quijano and Ramon Grosfoguel to trace the genealogy of such injustices in the modern period.Siphiwe Ndlovu’s article looks into the problem of Black marginality, particularly in the modern period. He locates his musings within the social contract tradition but suggests a reading of contemporary marginality through the lens of Mills’s racial contract. Accordingly, instead of seeing Black marginality as a function of exclusion or being cast outside the contract, the article argues that such marginality is due not from exclusions per se but rather from inclusion albeit only as junior—and therefore inferior—partners in the racial contract.Mogobe Ramose’s article begins by endorsing Kwasi Wiredu’s view that there is nothing wrong with African philosophy being preoccupied with questions that are not exactly identical to those of non-African philosophies. Furthermore, his article traces, through D. M. Goldenberg, the roots of anti-Black racism from “colour symbolism” among the Arabs in the classical world, through the Rabbinic era, and later taking the form of race prejudice in Christianity. At the crux of his article is the argument that the prevailing practice of fragmenting the human race into multiple bits and pieces is against the pursuit of justice and peace in human relations.The article by Zinhle ka’Nobuhlaluse considers Anika Mann’s arguments on race and feminist standpoint as an existential standpoint and foundation. She takes up Mamphela Ramphele’s initial autobiography, Mamphela Ramphele: A Life, to critically reflect on what the actions of “non-subservient Blackwomen” reveal about the lived experience of being Black and a woman under Apartheid South Africa.The article by Siseko Kumalo infuses decolonial and literary criticism as projects that may allow for a recognition of the “ontological legitimacy” of amaqaba (those who rejected colonial influences and education). Through a close reading of S. E. K. Mqhayi’s Intshayelelo: Imbali, the article engages with the question How does a model of inclusive national identity in South Africa, once established, get us to the point of recognition for the Indigene? (shrink)

This paper begins by distinguishing between two levels at which ethics has been applied in the past half century. Typically, ethics gets applied at the level of public debate and policy. Much less often, applied ethics centers on the personal level. As a literature search reveals, this is true of recent philosophic discussions of divorce. This paper seeks to begin an alternative philosophic discussion of divorce and separation by considering it at a personal level. I begin this discussion (...) by analyzing two different conceptions of love-eros and agape-and suggest a synthesis of the two. The conception of love that I endorse suggests that the value of the parties in a loving relationship is constructed within the relationship itself. It is this feature of love that helps to explain why so many feel sueh a sense of worthlessness when experiencing a divorce or separation. Namely, that much of the positive value they had within their relationship has little or no value outside the context of that relationship. (shrink)

This paper begins by distinguishing between two levels at which ethics has been applied in the past half century. Typically, ethics gets applied at the level of public debate and policy. Much less often, applied ethics centers on the personal level. As a literature search reveals, this is true of recent philosophic discussions of divorce. This paper seeks to begin an alternative philosophic discussion of divorce and separation by considering it at a personal level. I begin this discussion (...) by analyzing two different conceptions of love-eros and agape-and suggest a synthesis of the two. The conception of love that I endorse suggests that the value of the parties in a loving relationship is constructed within the relationship itself. It is this feature of love that helps to explain why so many feel sueh a sense of worthlessness when experiencing a divorce or separation. Namely, that much of the positive value they had within their relationship has little or no value outside the context of that relationship. (shrink)

_ Source: _Volume 9, Issue 2, pp 177 - 195 Hayden White’s contention that “moral and aesthetic” preferences are primary in shaping a historian’s vision of the past seems to play in to various contemporary efforts to consider history at a scale conducive to insight into climate change and global political dilemmas. Nevertheless, his critique of the archive as a repository of truth acquires new resonance as the naturalist and technological reconfiguration of the archive accompanying these developments gets underway. The (...) signal value of White’s polemical intervention in historical theory was to divorce claims of moral right and political justice from truth claims about the objective reality of the past. It remains so today. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:94 Feminist Studies 45, no. 1. © 2019 by Hannah Baker Saltmarsh Hannah Baker Saltmarsh This Girl I Lost Touch With This girl, who was afraid to enter a room— a girl born in the woods, on moss, whose family dreamt under quilts, who wore dresses that matched anything fabric in the house, even the dresses without loneliness— I held her hand in the corridor-dark until the speaking-in-tongues at (...) the community college dispersed into prayers with too many gerunds and too much fervor that wouldn’t adjust if you got a thousand dollars in the mail or jury duty, faith subtle as a crucifix the size of God on the highway. I waited with her until it was over, although the prayer group was never really over. Over rooms of crowded, faith-based humidity, she loved corridors of woods, the rushes of running away. This girl and I, we were cult-lured, but then the leader stepped down—was it porn, alcohol? He drove us around in a red jeep without doors— the first time I drove in a man’s car, I was eighteen so I fell in love: looking straight ahead together, arm hair touching, the cathedral of autumn anticipating a shape to hold you, the wind that you sometimes hollered over. What happened I can’t see, but when he left the group, I left: the death of visions. Hannah Baker Saltmarsh 95 This girl could long for a man in her fingernails, and, without talking, take a man from his pregnant wife’s side, have his even newer children, this girl who wouldn’t go in a room all alone, walked right in, somewhere we’ve not been, and never left. Monostich in Praise of Four Missed Foul Shots in a Row, Ending with a Line by Shaquille O’Neal —Orlando Magic vs. Houston Rockets, Game 1, NBA Final, 1995 Each mistake at the foul line longs to be its own distinct trip-up, divorced from the tragic-comic failure automatic-reflex of a protagonist on a shame-rampage; each delicate flaw of glass, net, rim wants to be denied once at the charity line, once and only once of red-lipsticked points, the naive purity of one aberrant error in calculation—not bring bleacher-crowds to their feet, posterless hands in the vaulted air before tallying Nick Anderson up as Brick Anderson, most hated NBA player of all time, and by his own fans not believing their own eyes as a series of empty arcs toward scoring dovetails into quadruple humiliations and a goofy smile of gutted hopes and boyish fear-tangled awe that any brain so practiced (for this and what else?) could fail so many times in a row, each fail better and Beckett-harder until the last exit out of obliterating loss is part of the abyss too, unless you are quick on your feet for sports broadcasting... but there is no end to swindled championships if you are a man who’s never had to face the extinction of his early twenties or suck the aftertaste of multi-millionaire juice cocktails poured with a legend’s touch, but in the soapy-sweet glass of your Dixie cup liquor, however close to the sound of Shaq’s name spoken in every language, stares your same lovesick reflection in the welt of that shot-glass mirror, mouthing the bitters of paranoid distraction, unripe manhood, aged ingratitude, and a starless Orlando Magic blue diamond broomed over by nursery-rhyme witches brushing out the cobweb-haze because the crowd is always the same crowd calling you swept... each fumbling error of pressure you let get to you, if only it could be a plotless, lyric monostich without arc, not driven to the plot that is your grave, where the unfaithful, the murderers, liars, and cheaters are defined by threads, no, snapped pieces, of seconds and, as Dante would have it, sorted in hell by a singular thought or deed so 96 Hannah Baker Saltmarsh transformative as to name you; the blue and white jersey on the floor, fists and feet, knees and elbows vacuumed in tantrum, hyped up in the court glare and... (shrink)