In lieu of an abstract, here is a brief excerpt of the content:594 Feminist Studies 41, no. 3. © 2015 by Feminist Studies, Inc. Liberty Walther Barnes and Christin L. Munsch The Paradoxical Privilege of Men and Masculinity in Institutional Review Boards In the 1939 Hollywood classic The Wizard of Oz, the great wizard admonishes Dorothy and her friends to “pay no attention to that man behind the curtain.” Dorothy and company turn to see a man standing before a (...) large control panel operating the smoke, holographic image, and voice of the great wizard. Realizing he has been discovered, the man gives up manipulating the switches and the nebulous wizard vanishes.1 Hegemonic masculinity is analogous to the “all-powerful” wizard.2 In order to maintain its grandeur, power, and mystique, the mechanics of masculine ideology—as well as the social actors who participate in its reproduction —must be kept hidden.3 A crucial aim of feminist research is to 1. The Wizard of Oz, directed by Victor Fleming (Culver City, CA: Metro-Goldwyn -Mayer, 1939). 2. See R. W. Connell, Masculinities: Knowledge, Power and Social Change (Berkeley : University of California Press, 1995); R. W. Connell and James W. Messerschmidt, “Hegemonic Masculinity: Rethinking the Concept,” Gender & Society 19 (2005): 829–61; Michael Kaufman, “Me, Feminism, and Men’s Contradictory Experiences of Power,” in Theorizing Masculinities, ed. Harry Brod and Michael Kaufman (Thousand Oaks, CA: Sage Publications, 1994), 142– 63; and Michael S. Kimmel, “Masculinity as Homophobia: Fear, Shame, and Silence in the Construction of Gender Identity” in Brod and Kaufman, Theorizing Masculinities, 119–42. 3. Michael Flood and Bob Pease, “Undoing Men’s Privilege and Advancing Gender Equality in Public Sector Institutions,” Policy and Society 24, no. 4 (2005): 119–38; Allan G. Johnson, The Gender Knot: Unraveling Liberty Walther Barnes and Christin L. Munsch 595 pull back the curtain on men’s lives and masculine institutions in order to demystify socially constructed masculinities, particularly in their most powerful forms. As early feminist scholars note, male privilege renders women’s lives invisible.4 But male privilege renders aspects of men’s lives invisible, too. In this article we highlight how institutional review boards (IRBs) in universities and hospitals erect barriers to research that render particular aspects of men’s lives invisible. We draw on our experiences of submitting ten applications for a series of methodologically diverse studies of masculinity to eight IRBs. First, we argue that, despite their original function of protecting subordinated groups, IRBs are gendered institutions in which members base their decisions on culturally dominant, normative images of women and men. We show how this results in the stringent protection of male research participants, the safeguarding of participants’ personal masculinity, and the shielding of men’s lives from social inquiry. Second, we argue that IRBs are gendering institutions. Our experiences reveal how the privileging and protection of masculinity results in mandatory protocol modifications that idealize hegemonic masculinity. These modifications require researcher-participant interactions that socialize men to engage in gender “appropriate” behavior and reify gendered expectations. Third, our experiences reveal the ways in which IRBs protect the institution itself and privilege the universities, hospitals, and (predominantly male) medical doctors they represent. Consequently, the ways they reproduce social inequality remain impervious to academic inquiry. IRBS AS GENDERED AND GENDERING INSTITUTIONS Every university and hospital in the United States where human research is conducted houses a human research protections program, or IRB, to oversee academic research. Universities with hospitals typically our Patriarchal Legacy (Philadelphia, PA: Temple University Press, 1997); Michael Kimmel, Guyland: The Perilous World Where Boys Become Men (New York: Harper Collins, 2008). 4. Simone de Beauvoir, The Second Sex, trans. Howard M. Parshley (New York: Knopf, 1951); Sandra Harding, The Science Question in Feminism (Ithaca, NY: Cornell University Press, 1986); Dorothy E. Smith, “Women’s Perspective as a Radical Critique of Sociology,” in Feminist Perspectives on Social Research, ed. Sharlene N. Hesse-Biber and Michelle L. Yaiser (New York: Oxford University Press, 2004), 84–96. 596 Liberty Walther Barnes and Christin L. Munsch maintain two types of IRB committees: a social-behavioral committee that oversees studies in the social sciences, and a biomedical committee to supervise clinical drug trials, experimental medical treatments, and tissue and blood research. The duty of the... (shrink)

Se negli ultimi anni sempre di più si è posta l’emergenza per l’estetica di stabilire interazioni con altri ambiti di ricerca scientifica, è pur vero che rari sono i casi di autori capaci di sviluppare la propria indagine su terreni eterogenei. Tra questi c’è Jean Petitot che con originalità conduce il proprio lavoro incrociando le due linee sulle quali si è formato: Thom e Greimas. Proseguendo nella direzione di Morfogenesi del Senso e Fisica del Senso, Morphologie et Estbétique, che rielabo...

This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great (...) lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share. (shrink)

Isaiah Berlin was a central figure in twentieth-century political thought. This volume highlights Berlin's significance for contemporary readers, covering not only his writings on liberty and liberalism, the Enlightenment and Romanticism, Russian thinkers and pluralism, but also the implications of his thought for political theory, history, and the social sciences, as well as the ethical challenges confronting political actors, and the nature and importance of practical judgment for politics and scholarship. His name and work are inseparable from the revival (...) of political philosophy and the analysis of political extremism and defense of democratic liberalism following World War II. Berlin was primarily an essayist who spoke through commentary on other authors and, while his own commitments and allegiances are clear enough, much in his thought remains controversial. Berlin's work constitutes an unsystematic and incomplete, but nevertheless sweeping and profound, defense of political, ethical, and intellectual humanism in an anti-humanistic age. (shrink)

En 1789, la Révolution française met la liberté à l'ordre du jour. C'est un événement pour la philosophie qui, au siècle des Lumières, a activement participé à la critique du despotisme. C'est aussi un événement philosophique qui délivre à la pensée de nouveaux horizons où les maîtres-mots sont souveraineté politique du peuple et autonomie morale du sujet. De Rousseau, qui fait de la liberté le fondement de toute légitimité, à Hegel pour qui "l'esprit est liberté", en passant par Kant qui (...) consacre le droit inaliénable des peuples à disposer d'eux-mêmes, Michaël Foessel revient sur cette période philosophique si intense. Au cours de ces bouleversements historiques s'élabore une définition de la liberté irréductible au libéralisme. C'est parce que notre époque est incertaine sur le sens de la liberté qu'il vaut la peine d'entendre à nouveau l'exigence d'autonomie portée par la philosophie, de Rousseau à Hegel. (shrink)

I want to begin this paper by recalling a once-lively school of English political and legal thinking which has fallen undeservedly into neglect. I refer to the pluralists, notably the lawyer F. W. Maitland, the religious scholar J. N. Figgis, and, early in their careers, the political theorists Harold Laski and G. D. H. Cole. All were influenced by the writings of the German legal scholar Otto von Gierke, which Maitland as editor and translator had first introduced into England. The (...) pluralists' concerns were at once political and legal; virtually alone among English writers in this century until the 1970s, their work avoided the barrenness that comes of treating political theory and jurisprudence as unrelated enterprises. I shall describe the problems that preoccupied them and some of their resultant theories, and also the way in which specifically legal doctrine was both a target of their criticism and an important element in their thinking. (shrink)

This detailed and sympathetic, but not uncritical, study of On Liberty' argues for the general consistency and coherence of Mill's defence of individual liberty, but maintains that there are significant non-utilitarian elements in his arguments.

One of the high-points of Italian Renaissance humanism, Machiavelli's The Prince immediately transcended the time and culture from which it had sprung, circulating throughout Europe and paving the road to an astonishing variety of discussions on power and liberty for centuries to come. Indeed, one could hardly think of a literary work whose reception has been more controversial and arguably more crucial to the fashioning of modernity. This volume gathers together the proceedings of a conference held in Oxford, in (...) November 2013, to mark the 500th anniversary of the composition of The Prince. It explores pivotal aspects of the text's complex identity, focusing on three interrelated areas: 1. The Prince's own ways of appropriating ancient and modern traditions of political thought and ethics; 2. the textual history and interpretive details of the work; 3. translations of the treatise into foreign languages (including English and other translations), with their cultural adaptations and reconceptualizations of the original. All chapters offer highly original insights by leading experts on The Prince, shedding light on hitherto neglected topics and locating Machiavelli's masterpiece in an intriguing network of intersecting perspectives. (shrink)

Over the last generation, the womanist idea--and the tradition blooming around it--has emerged as an important response to separatism, domination, and oppression. Gary L. Lemons gathers a diverse group of writers to discuss their scholarly and personal experiences with the womanist spirit of women of color feminisms. Feminist and womanist-identified educators, students, performers, and poets model the powerful ways that crossing borders of race, gender, class, sexuality, and nation-state affiliation(s) expands one's existence. At the same time, they bear witness to (...) how the self-liberating theory and practice of women of color feminism changes one's life. Throughout, the essayists come together to promote an unwavering vein of activist comradeship capable of building political alliances dedicated to liberty and social justice. Contributors: M. Jacqui Alexander, Dora Arreola, Andrea Assaf, Kendra N. Bryant, Rudolph P. Byrd, Atika Chaudhary, Paul T. Corrigan, Fanni V. Green, Beverly Guy-Sheftall, Susan Hoeller, Ylce Irizarry, M. Thandabantu Iverson, Gary L. Lemons, Layli Maparyan, and Erica C. Sutherlin. (shrink)

The Society of Jesus sprang from the devout faith of a sidelined soldier who traded in his weapons to form a militant order of Catholic Reformers sworn to serve the Papacy as missionary soldiers of Christ. Specialization in education led Jesuits to roles as theologians of the 16th Century, including as members of the School of Salamanca, whose Jesuit members mostly took pro-market positions on free enterprise. One learned Jesuit in particular deviated from his order’s default position of papal dirigisme (...) to become an enemy of the state. (shrink)

This is a polemical essay providing an historical and cultural analysis of John Rawls’s political liberalism, and arguing that the “original position” in his philosophy is not only hypothetical, but also unrealistic by virtue of ignoring comprehensive religious and philosophical points of view. Rawls attempts to derive the ideas of liberty, equality, and fraternity from a mere thought experiment withoutconsidering the foundational role of the Christian religion, which was instrumental in the birth and refinement of these ideas.

The right to religious liberty as for instance set out in the European Convention of Human Rights protects acts of religious observance. Such protection can clash with other considerations, including laws aimed at protecting other state interests. Religious freedom therefore requires an account of when the right should lead to exemptions from other laws and when the right can legitimately be limited. Alan Patten has proposed a Fair Opportunity view of the normative logic of religious liberty. But Patten’s (...) view faces several problems. The normative work in his view is mainly done by added accounts of reasonable claims and of justifiability. So, the Fair Opportunity view in itself does not provide a normative criterion. Defenses of the Fair Opportunity view must therefore turn on the theoretical preferability of its structural features. But the Fair Opportunity view has the wrong form to capture the right to freedom of religion. The form of the right to freedom of religion is due to how its point is to address how states limit the liberty of citizens. Given a practice dependent approach, which assigns importance to the point and purpose of the right to freedom of religion, Patten’s theory is thus problematic. (shrink)

John Stuart Mill's essay On Liberty, published in 1859, has had a powerful impact on philosophical and political debates ever since its first appearance. This volume of essays covers the whole range of problems raised in and by the essay, including the concept of liberty, the toleration of diversity, freedom of expression, the value of allowing 'experiments in living', the basis of individual liberty, multiculturalism and the claims of minority cultural groups. Mill's views have been fiercely contested, (...) and they are at the centre of many contemporary debates. The essays are by leading scholars, who systematically and eloquently explore Mill's views from various perspectives. The volume will appeal to a wide range of readers including those interested in political philosophy and the history of ideas. (shrink)

This chapter contains section titled: Rights and Goals Rules, Rights, and Utility Rights and Liberty.

'Ideologies of Discrimination' considers the implications of the new genetics for understandings of personhood and for understandings of the relationship between people in groups. In particular, the essay delineates and examines the emerging notion of a 'genetic group' and considers the social implications of redefining families, racial groups and ethnic groups through express, and often exclusive, reference to a shared genome. One consequence of such redefinition has been the justification and elaboration of stigmatizing images of and discrimination against such groups-especially (...) those, such as Jews and African-Americans, that have long been identified with specific somatic characteristics. A few worrisome trends begin to emerge in the response of the American legal system to the notion of genetic groups. Among these is a shift in the locus of privacy and identity from the autonomous individual to the genetic group. This shift challenges (and threatens) long-standing Western values (including equality and liberty) that depend upon the ideological centrality of autonomous individuality. (shrink)

Dans cet article, nous analysons les textes de G. W. Leibniz qui portent sur la censure et la liberté d’expression, notamment par rapport aux auteurs qu’il qualifie de « libertins » ou d’« athées ». Nous explorons le dispositif théorique qu’il propose pour déterminer les limites justes entre la censure et la liberté de pensée; dispositif qui permet, dans chaque cas, de choisir entre la réfutation savante et la suppression autoritaire des textes estimés pernicieux pour la morale ou la piété.

This paper discusses the nature of liberty from the point of view of value. Liberty is the highest value for liberals. The root of this liberal view is their particular conception of self. Rawls says 'the self is prior to the ends which are affirmed by it.' This is also the Kantian view of the self: the self is prior to its socially given roles and relationships. Therefore, no end is exempt from possible revision by the self. There (...) is nothing wrong with this basic idea. In fact, all theories agree on free choice of life plan or self-determination. But they disagree about what package of rights and resources best enables people to pursue their own conceptions of the good. However, the liberal view of liberty is based on a metaphysically reasoned idealism. This results in a conception of liberty that is absolute, supreme, and has infinite value compared with other things. Communitarians have several arguments against the liberal view. I consider the following two points to be of utmost import: The liberal view of the self is empty; The liberal view ignores our embeddedness in communal practices. My reasoning is not exactly that of the communitarians. I view 'emptiness' as freedom associated with the substance of an action, which has a value that does not lie in itself. (shrink)

Questions of religious liberty have become flashpoints of controversy in virtually every area of life around the world. Despite protection of religious liberty at both supranational and individual state levels, there is an increasing number of conflicts concerning the proper way to recognize it, both in modern secular states, and in countries with an established religion or theocratic mode of government. This book provides an analysis of the general concept of religious liberty with a close study of (...) important cases that serve as a test bed for proposals. It combines the insights of both pure academics and experienced practitioners in law to take a fresh look at the nature, scope and limits of religious liberty. Divided into two parts, the collection presents a blend of legal and philosophical approaches, and draws on cases from a wide range of jurisdictions, including Brazil, India, Australia, USA, Netherlands, and Canada. Presenting a broad range of views, this often provocative volume makes fascinating reading for academics and researchers working in the areas of law and religion, legal philosophy and human rights. (shrink)

Pornographic speech harms women by playing a key role in sustaining the social conditions through which women's liberty and equality are undercut. Though there is a principled moral and constitutional basis for pursuing a legal strategy in fighting pornography, we should not overestimate the effectiveness of the law or underestimate its potential dangers. The struggle against pornography must be waged through education, expressive exploration, and protest, not through the law.

Pucelle tries to show how the idea of personal liberty is central to Green's ethics. Green's criticisms of other philosophers and the historical context of his philosophy are especially well handled. --W. L. M.

Vinit Haksar has written a fairly lengthy book in order to establish a rather simple point : that it is impossible to arrive at an adequate account of justice without judging the objective merit of alternative ways of life. The main target of his argument is John Rawls, whose influential A Theory of Justice purports to sever considerations of justice from those of the human good in precisely this way. Haksar’s argument is also intended, however, as a criticism of the (...) views of such other contemporary liberal theorists as Ronald Dworkin and Robert Nozick. (shrink)

In this paper the authors argue that research ethics committees should not be paternalistic by rejecting research that poses risk to people competent to decide for themselves. However it is important they help to ensure valid consent is sought from potential recruits and protect vulnerable people who cannot look after their own best interests. The authors first describe the tragic deaths of Jesse Gelsinger and Ellen Roche. They then discuss the following claims to support their case: competent individuals are epistemologically (...) and ethically in the best position to say which risks are reasonable for them, so RECs should be no more restrictive than the “normal” constraints on people taking risks with themselves; RECs do not judge individual competence ; individual liberty is mostly limited by what serves the public interest, and RECs do not determine public interest; RECs may have a paternalistic role in preventing exploitation of competent people vulnerable to the use of incentives, and in protecting the interests of incompetent people; however, the moral and political authority of RECs has not been established in this respect. (shrink)

This article defends a new model of personal privacy. Privacy should be understood as demarcating culturally defined aspects of an individual's life in which he or she is granted immunity from the judgment of others. Such an analysis is preferable to either of the two favorite models of privacy in the current literature. The judgment of others model preserves all of the insights of the liberty and information models of privacy, But avoids the obvious problems and counterexamples. In addition, (...) This model allows us to better see the normative importance of privacy. A final section discusses the notion of sexual privacy in connection to the proposed model. (shrink)

Background: Locke's Conception of Freedom For how can we think any one freer than to have the power to do what we will. — John Locke n his chapter on power ...

The purpose of this paper is to consider whether standards-based school reform is an acceptable strategy for achieving a politically legitimate school system according to a principle of personal liberty. First, it briefly describes the purpose and implementation of standards-based school reform in the U.S. It then considers the ramifications of the principle of personal liberty for the conduct of public schooling, arguing that it requires children’s access to and appreciation of a variety of liberty-consistent cultures in (...) their society coupled with the development of children’s ability to think critically about those cultures and their meaning as possibilities for their own lives. Third, it considers whether some standards for public education might be consistent with this purpose of education and finds that certain outcome and process standards may be appropriate. Finally, it considers whether these kinds of standards are included in standards-based reform as it is currently practiced or proposed in the U.S. and concludes that they are not. (shrink)

An icon of philosophy and psychology during the first half of the 20th century, Dewey is known as the father of Functional Psychology and a pivotal figure of the Pragmatist movement as well as the progressive movement in education. This concise and critical look at Dewey’s work examines his discourse of "right" and "wrong," as well as political notions such as freedom, rights, liberty, equality, and naturalism. The author of several essays about thought and logic, Dewey’s legacy remains not (...) only through the works he left us, but also through the institutions he founded, which include The New School for Social Research in New York City and the University of Chicago Laboratory Schools. Hildebrand’s biography brilliantly interweaves the different strands of Dewey's thought, and examines the legacy he left behind. (shrink)