Retrospective rule-making has few supporters and many opponents. Defenders of retrospective laws generally do so on the basis that they are a necessary evil in specific or limited circumstances, for example to close tax loopholes, to deal with terrorists or to prosecute fallen tyrants. Yet the reality of retrospective rule making is far more widespread than this, and ranges from ’corrective’ legislation to ’interpretive regulations’ to judicial decision making. The search for a rational justification for retrospective rule-making necessitates a reconsideration (...) of the very nature of the rule of law and the kind of law that can rule, and will provide new insights into the nature of law and the parameters of societal order. This book examines the various ways in which laws may be seen as retrospective and analyses the problems in defining retrospectivity. In his analysis Dr Charles Sampford asserts that the definitive argument against retrospective rule-making is the expectation of individuals that, if their actions today are considered by a future court, the applicable law was discoverable at the time the action was performed. The book goes on to suggest that although the strength of this ’rule of law’ argument should prevail in general, exceptions are sometimes necessary, and that there may even be occasions when analysis of the rule of law may provide the foundation for the application of retrospective laws. (shrink)
Does the real difference between non-consequentialist and consequentialist theories lie in their approach to value? Non-consequentialist theories are thought either to allow a different kind of value (namely, agent-relative value) or to advocate a different response to value ('honouring' rather than 'promoting'). One objection to this idea implies that all normative theories are describable as consequentialist. But then the distinction between honouring and promoting collapses into the distinction between relative and neutral value. A proper description of non-consequentialist theories can only (...) be achieved by including a distinction between temporal relativity and neutrality in addition to the distinction between agent-relativity and agent-neutrality. (shrink)
The link between alcohol consumption and cancer is well established, but public awareness of the risk remains low. Mandated warning labels have been suggested as a way of ensuring “informed choice” about alcohol consumption. In this article we explore various ethical issues that may arise in connection with cancer warning labels on alcoholic beverages; in particular we highlight the potentially questionable autonomy of alcohol consumption decisions and consider the implications if the autonomy of drinking behavior is substantially compromised. Our discussion (...) demonstrates the need for the various ethical issues to be considered and addressed in any decision to mandate cancer warning labels. (shrink)
This paper considers the question of whether predictions of wrongdoing are relevant to our moral obligations. After giving an analysis of ‘won’t’ claims (i.e., claims that an agent won’t Φ), the question is separated into two different issues: firstly, whether predictions of wrongdoing affect our objective moral obligations, and secondly, whether self-prediction of wrongdoing can be legitimately used in moral deliberation. I argue for an affirmative answer to both questions, although there are conditions that must be met for self-prediction to (...) be appropriate in deliberation. The discussion illuminates an interesting and significant tension between agency and prediction. (shrink)
As one tries to grasp love and its images within José Leonilson's production, a multiplicity of aspects and meanings are seen that also relate to Louise Bourgeois's oeuvre in regard to the interest in human relations. Through a comparative approach to both artists' poetics, an understanding is created that love is not a simplistic action and all the words read in or applied to their visual discourse must be considered within a wide range of love in visual and literary (...) images. Keywords: literature and visual arts / love / creativity / Bourgeois, Louise / Leonilson, José / word and image. (shrink)
One of the most characteristic features of Comparative Literature in terms of methodological practice is that of operating in “in between” spaces. Not only does this feature suggest the comparative approach as something which originates through movement, thus making it imperative for the researcher to deal with the notion of mobility, it also characterizes many of the concepts with which it operates. Considering the possibility, as well as the fertility, of practicing this methodology in the analysis and critique of contemporary (...) visual art, we understand that it fits the analysis of any enterprise regarding the in-betweens of visual and verbal texts. These fundamental aspects were elected for a comparative analysis of two visuals artists whose œuvres operate in in-between spaces between the visual and the verbal as much as between the self and the Other. José Leonilson (Brazil 1957-1993) and Louise Bourgeois (France/EUA 1911-2010) reveal, through a comparative analysis, creative and constitutive actions which elaborate a space we could best understand through the image of a seaside landscape where the line we try to draw to divide the saltwater from the sand never stands. But, in what manners could the constituted poetic space created by them be of significance for a broader spectrum than the literary interest? In our understanding, Leonilson’s and Bourgeois’s poetics operate through a silent hearing of the Other, might that be their loved ones, the stone or cloths. This conceptual notion, required for the creative action, thus establishes a particular notion of balance between them and the Other. It is this precise aspect that also operates the mobility of the notion of love through their œuvre, and through the election of personal emotional narratives as the thriving force for creation. And what could be more needed nowadays, here as elsewhere, than considering together with Leonilson’s and Bourgeois’ images that love shall be the perpetual moving space that at times nears, and later distances us from each other? (shrink)
Louise Labé est-elle une femme? Et pourquoi l’œuvre serait-elle inauthentique autrement? Le petit drame critique engendré par un ouvrage de Mireille Huchon pose la question du rapport de l’œuvre à son auteur, ou l’Auteur comme instance et valeur. Une définition restreinte du lyrisme comme expression personnelle et sincère est corollairement mise en cause. L’émotivité du débat reflète l’angoisse de perdre une autorité féminine mythique. Le soupçon d’inauthenticité révèle aussi notre moment théorique en interrogeant l’articulation entre lyrisme et codes « (...) genrés ». On fait cependant bien parler en français une courtisane gauloise dans tous les sens, apte à rivaliser avec Laure et l’Italie…. (shrink)
Documentary film, in the words of Bill Nichols, is one of the "discourses of sobriety" that include science, economics, politics, and history-discourses that claim to describe the "real," to tell the truth. Yet documentary film, in more obvious ways than does history, straddles the categories of fact and fiction, art and document, entertainment and knowledge. And the visual languages with which it operates have quite different effects than does the written text. In the following interview conducted during the winter of (...) 1997, historian Ann-Louise Shapiro raises questions about genre-the relationship of form to content and meaning-with documentary filmmaker Jill Godmilow.In order to explore the possibilities and constraints of non-fiction film as a medium for representing history, Godmilow was asked: What are the strategies and techniques by which documentary films make meaning? In representing historical events, how does a non-fiction filmmaker think about accuracy? authenticity? invention? What are the criteria you have in mind when you call a film like The Wonderful, Horrible Life of Leni Riefenstahl "dishonest"? How does the tension between making art and making history affect documentary filmmaking? Should documentary filmmakers think of themselves, in the phrase of Ken Burns, as "tribal storytellers"? What kind of historical consciousness is produced by documentary film? (shrink)
Documentary film, in the words of Bill Nichols, is one of the "discourses of sobriety" that include science, economics, politics, and history-discourses that claim to describe the "real," to tell the truth. Yet documentary film, in more obvious ways than does history, straddles the categories of fact and fiction, art and document, entertainment and knowledge. And the visual languages with which it operates have quite different effects than does the written text. In the following interview conducted during the winter of (...) 1997, historian Ann-Louise Shapiro raises questions about genre-the relationship of form to content and meaning-with documentary filmmaker Jill Godmilow.In order to explore the possibilities and constraints of non-fiction film as a medium for representing history, Godmilow was asked: What are the strategies and techniques by which documentary films make meaning? In representing historical events, how does a non-fiction filmmaker think about accuracy? authenticity? invention? What are the criteria you have in mind when you call a film like The Wonderful, Horrible Life of Leni Riefenstahl "dishonest"? How does the tension between making art and making history affect documentary filmmaking? Should documentary filmmakers think of themselves, in the phrase of Ken Burns, as "tribal storytellers"? What kind of historical consciousness is produced by documentary film? (shrink)
A la fin du XIXe siècle, l'image de la femme criminelle est devenue une obsession nationale en France. Partout on vendait des pamphlets et des gravures relatant ces crimes en détail. Même les journaux en parlaient à loisir. Tout en analysant la criminalité féminine de fin-de-siècle à Paris, Ann-Louise Shapiro raconte des histoires remplies de détails fascinants sur la vie quotidienne, le système judiciaire et la place des femmes dans la société. L'auteur explore plusieurs perspectives ..
In her discussion of Naomi Scheman's "Individualism and the Objects of Psychology" Louise Antony misses the import of an unpublished paper of Scheman's that she cites. That paper argues against token identity theories on the grounds that only the sort of psycho-physical parallelisms that token identity theorists, such as Davidson and Fodor, reject could license the claim that each mental state or event is some particular physical state or event.
Louise Sundararajan’s aim in Understanding Emotion in Chinese Culture is to provide an explanatory framework for cross-cultural differences between Chinese and what she refers to as “Western” cultures from the methodological perspective of indigenous psychology, which aims to give voice to the knowledge that exists beyond the limits of mainstream “Western” psychology. Her book is deeply interdisciplinary, drawing from philosophy, psychology, cognitive science, physics, biology, anthropology, sociology, and linguistics. She also identifies some of the shared roots of Daoism, Confucianism, (...) and Buddhism, and other similarities between Chinese, Korean, Japanese, and Indian cultures, in order to further explicate the various concepts of Chinese emotions. As a result, Sundararajan also draws some more general conclusions regarding what she refers to as “Eastern” cultures. (shrink)
Plato and Platonism held a significant place in British intellectual inquiry in the eighteenth century. Louise Hickman enters this largely unexplored territory with a valuable study of select elements in the theological and political arguments of certain British divines. She is particularly concerned to expose the limitations of familiar and narrowly-rational arguments that in the eighteenth century supported natural religion and theology, and to bring to the fore a countervailing rational theology that discovers in and for the human mind (...) the eternal and immutable truth that is divine.The principal figure in Hickman’s study is Richard Price, rational dissenting minister, friend of liberty and America, and author of... (shrink)
A central thesis of Louise Westling’s highly accomplished and provocative The Logos of the Living World: Merleau-Ponty, Animals, and Language is that “human language and aesthetic behaviors emerge from our animality” . What is perhaps most compelling about her thesis is that she supports it by exploring how an evolutionary continuity between an always already languaged world and human being-in-the-world can be understood without having to employ the dangerous logic of social Darwinism or some schools of evolutionary psychology and (...) without having to serve as yet another iteration of a naïve “metaphysics of presence”. Indeed, Derrida’s “fear of continuism” is based in fact on a “false dilemma” . As Westling writes, citing Matthew Calarco and Mary Midgley , “(to say that everything is composed of atoms and molecules is to assert material continuism, but no one would then cl .. (shrink)
(2007). Youth and Sexualities: Pleasure, Subversion, and Insubordination In and Out of Schools. Edited by Mary Louise Rasmussen, Eric Rofes, and Susan Talburt. New York: Palgrave Macmillan, 2004. 250 pp. $75.00 (hardcover), $24.95 (paper) Educational Studies: Vol. 41, No. 1, pp. 88-92.
Cette plaquette, de facture élégante, est due à un chercheur spécialisé dans l'histoire de la population de Metz sous la Révolution et l'Empire. LouiseLouise de Poutet fait partie de ces femmes qui ont divorcé pendant la Révolution, contracté un nouveau mariage, puis réépousé leur premier mari. L'attention du chercheur a été retenue par une pièce d'archive : un mémoire du second époux. Loin d'apparaître comme un partenaire fictif, c'est un amoureux payé de retour qui proteste contre l..
Publié en 1989, La Lettre à Louise mettait bien involontairement le doigt sur le secret de famille que révèlera le Journal, publié post-mortem par Jean Jamin. Ce qui, dixit Jamin impressionna Leiris et eut bien des conséquences. L’article est aujourd’hui un peu fané, mais son histoire vaut le détour du signifiant.
Rencontre étonnante que cet extrait poétique tiré de l’œuvre de Stefan George et qui apparaît dans le livre que Raymond Klibansky a récemment publié avec Georges LerouxOn peut y voir une des références favorites de «Klib», le cher professeur de Louise; on peut aussi imaginer, sans trop rêver, que ces mots ont été récités devant elle, engendrant du même mouvement une résonance aussi douloureuse qu’inattendue. En un raccourci saisissant, ces quelques vers intolérablement sagaces résument en effet, avec toutes ses (...) aspérités, le chemin qui conduit de la religion à la Raison. Louise a minutieusement, douloureusement, parcouru cette distance. Elle a vécu, à sa manière, une révolution tranquille. (shrink)
The philosopher of religion and critic of idealism, Ludwig Feuerbach had a far-reaching impact on German radicalism around the time of the Revolution of 1848. This intellectual history explores how Feuerbach’s critique of religion served as a rallying point for radicals, and how they paradoxically sought to create a new, post-religious form of religiosity as part of the revolutionary aim. At issue for the Feuerbachian radicals was the emergence of a humanity emancipated from the constraints of mere institutions, able to (...) express itself freely and harmoniously. Caldwell also touches on Moses Hess, Louise Dittmar, and Richard Wagner in his discussion of the time. This book reconstructs the nature of Feuerbach’s radicalism and shows how it influenced early works of socialism, feminism, and musical modernism. (shrink)
