Each contributor to this book has used personal experience as the basis from which to frame his individual sociological perspectives. Because they have personalized their work, their accounts are real, and recognizable as having come from 'real' persons, about 'real' experiences. There are no objectively-distanced disembodied third person entities in these accounts. These writers are actual people whose stories will make you laugh, cry, think, and want to know more.
We regret to inform our readers that Marianne (Tracy) Paget died of cancer in December 1989. She continued her work virtually until her death. She left a manuscript in which she writes about her own experiences with cancer. The Text from Life, which her colleagues and friends will have published. She was a courageous and remarkable scholar, a life long friend of this journal, and a dedicated phenomenologist. She will be greatly missed. The Editor.
References to publications written by women constitute a significantly larger proportion of citations in articles written by women than in articles written by men in the same subfields. Further, the difference between citation patterns of men and women authors increases as the proportion of women in the discipline decreases, showing that these women are doubly disadvantaged in accumulating citations. These results suggest that the problems of members of an out-group tend to be most serious when their numbers are small and (...) that they will find it increasingly easier to gain acceptance and recognition as their numbers increase. (shrink)
French cultural theorist and urbanist Paul Virilio is best known for his writings on media, technology, and architecture. Gathered here in _A Winter’s Journey _are four remarkable conversations in which Virilio and architectural writer Marianne Brausch look at a twentieth century characterized by enormous technological acceleration and by technocultural accidents of barbarism and horror. The dialogues in _A Winter_’_s Journey—_structured loosely around the dates 1940, 1950, 1960, and 1980—chart Virilio’s intimate intellectual biography, from his childhood lived against the unstable (...) backdrop of a heavily bombed, wartime Nantes to maturity in a crisis space that is neither entirely militarized nor yet fully civilian, but somewhere between the two. In the course of these conversations, Virilio and Brausch ultimately find hope that in understanding the events of the last century and the cultural responses spawned by them, we can create a more humane era that is more adept at handling the transformations of its technology and culture. _A Winter’s Journey _is a revealing and engaging look into the intellectual life and ideas of one of the most influential theorists of contemporary civilization. (shrink)
Deliberative processes provide an important alternative input to environmental politics as they may, in contrast to often used market simulations, provide an arena for 1) discussion of lay participants' values, 2) articulating arguments grounded in other values than consequentialistic, and 3) capturing weakly comparable values. A case study of a Citizens' Jury on genetically modified plants was used to investigate how the framing of the process affected the attitude formation among the citizens. The formal set up of this specific CJ (...) made value discussions less relevant. While it opened for value plurality, it failed to facilitate the articulation of weakly comparable values. (shrink)
In this paper, we are interested in the effects of institutional context on public attitudes towards climate policies, where institutions are defined as the conventions, norms and formally sanctioned rules of any given society. Building on a 2014 survey experiment, we conducted thirty qualitative interviews with car-owners in Oslo, Norway, to investigate the ways in which institutional context and political-value orientation affect public attitudes towards emissions policies. One context highlighted individual rationality, emphasising the ways in which local pollution impacts the (...) individual citizen; the other highlighted social rationality, emphasising the wider significance of carbon emissions and global responsibility for climate change. We analysed the effects of these contexts on attitudes, finding that institutional context influenced individuals' perspectives as well as their attitudes towards climate policies. Groups with different value orientations differed in terms of their evaluations but not their interpretations of these contexts. (shrink)
(1966). A bibliography of German astrological works printed between 1465 and 1600, with locations of those extant in London libraries. Annals of Science: Vol. 22, No. 3, pp. 191-220.
Summary In this article, classical writings of Kurt Lewin and Wolfgang Metzger concerning education for democracy and tolerance are presented. Starting with a definition of „group” and the discussion of the meaning of groups for the individual life, especially the experimental studies of Kurt Lewin, Ronald Lippitt and Raph K. White in 1937/38 on different group atmospheres under the influence of „democratic” vs. „autocratic” vs. „laissez faire” leading style are presented again, in order to give an example for the meaning (...) of atmosphere influences on personal development, creativity and aggression – all topics concerning actual school situations and the daily experience of pupils and teachers. The collection of writings concerning education for democracy and tolerance include some of Lewin’s writings on minority problems and Metzger’s fundamental thougts on political education as a special application of productive thinking in Wertheimer’s sense. Some possibilities of how to change prejudices and to develop tolerance in Lewin’s and Metzger’s sense are presented. As a conclusion, some ideas for actual school life and possibilities to make pupils tolerant and able to participate actively in a democratic society are developed. (shrink)
Santayana's Life of Reason, published in five books from 1905 to 1906, ranks as one of the greatest works in modern philosophical naturalism. Acknowledging the natural material bases of human life, Santayana traces the development of the human capacity for appreciating and cultivating the ideal. It is a capacity he exhibits as he articulates a continuity running through animal impulse, practical intelligence, and ideal harmony in reason, society, art, religion, and science. The work is an exquisitely rendered vision of human (...) life lived sanely. In this first book of the work, Santayana provides an account of how the human animal develops instinct, passion, and chaotic experience into rationality and ideal life. Inspired by Aristotle's De Anima, Darwin's evolutionary theory, and William James's The Principles of Psychology, Santayana contends that the requirements of action in a hazardous and uncertain environment are the sources of the development of mind. More specifically, instinct and imagination are crucial to the emergence of reason from chaos. Separating himself from the typical thought of the time by his recognition of the imagination, Santayana in this volume offers extensive critiques of various philosophies of mind, including those of Kant and the British empiricists. This Critical Edition, volume VII of The Works of George Santayana, includes a chronology, notes, bibliography, textual commentary, lists of variants, and other tools useful to Santayana scholars. The other four books of the volume include Reason in Society, Reason in Religion, Reason in Art, and Reason in Science. (shrink)
Santayana's Life of Reason, published in five books from 1905 to 1906, ranks as one of the greatest works in modern philosophical naturalism. Acknowledging the natural material bases of human life, Santayana traces the development of the human capacity for appreciating and cultivating the ideal. It is a capacity he exhibits as he articulates a continuity running through animal impulse, practical intelligence, and ideal harmony in reason, society, art, religion, and science. The work is an exquisitely rendered vision of human (...) life lived sanely. In this second book, Santayana analyzes several distinctive forms of human association, from political and economic orders to forms of friendship, to determine what possibilities they provide for the life of reason. He considers, among other topics, love and the affinity for the ideal, the family, aristocracy and democracy, the constituents of genuinely free friendship, patriotism, and the ideal society of kindred spirits. This Critical Edition, volume VII of The Works of George Santayana, includes a chronology, notes, bibliography, textual commentary, lists of variants, and other tools useful to Santayana scholars. The other four books of the volume include Reason in Common Sense, Reason in Religion, Reason in Art, and Reason in Science. (shrink)
This literature review of professionalism was prepared by San Jose State University graduate student Marianne Allison as a research committee project of the Mass Communication and Society Division, Association for Education in Journalism and Mass Communication. The project was prepared under the guidance of Professor Diana Stover Tillinghast. It reviews the literature on two approaches to professionalism in general and of the professionalism of journalists in particular: the ?structural?functionalist approach?; and the ?power approach.?; Traditional and recent discussions of the (...) nature of professionalism in occupational sociology are presented. Studies of the professionalism of journalists both in the United States and cross?culturally are critiqued. The paper suggests several areas of fruitful research, and contains an extensive bibliography. (shrink)
During the last decades several tools have been developed to anticipate the future impact of new and emerging technologies. Many of these focus on ‘hard,’ quantifiable impacts, investigating how novel technologies may affect health, environment and safety. Much less attention is paid to what might be called ‘soft’ impacts: the way technology influences, for example, the distribution of social roles and responsibilities, moral norms and values, or identities. Several types of technology assessment and of scenario studies can be used to (...) anticipate such soft impacts. We argue, however, that these methods do not recognize the dynamic character of morality and its interaction with technology. As a result, they miss an important opportunity to broaden the scope of social and political deliberation on new and emerging technologies.In this paper we outline a framework for building scenarios that enhance the techno-moral imagination by anticipating how technology, morality and their interaction might evolve. To show what kind of product might result from this framework, a scenario is presented as an exemplar. This scenario focuses on developments in biomedical nanotechnology and the moral regime of experimenting with human beings. Finally, the merits and limitations of our framework and the resulting type of scenarios are discussed. (shrink)
The role of olfaction in kin recognition and parental investment is documented in many mammalian/vertebrate species. Research on humans, however, has only focused on whether parents are able to recognize their children by smell, not whether humans use these cues for investment decisions. Here we show that fathers exhibit more affection and attachment and fewer ignoring behaviors toward children whose smell they can identify than toward those whose smell they cannot recognize. Thus, olfaction might serve as a means for males (...) to determine their genetic relatedness to purported offspring. We also demonstrate that mothers’ olfactory recognition and hedonistic ratings are linked with the use of physical punishment. Mothers report using more punishment with children whose odor they cannot recognize and less with children whose odor they rated as more pleasant. These results provide the first preliminary evidence in humans that olfactory cues may guide parents in the allocation of care. (shrink)
The third of five books in one of the greatest works in modern philosophical naturalism. Santayana's Life of Reason, published in five books from 1905 to 1906, ranks as one of the greatest works in modern philosophical naturalism. Acknowledging the natural material bases of human life, Santayana traces the development of the human capacity for appreciating and cultivating the ideal. It is a capacity he exhibits as he articulates a continuity running through animal impulse, practical intelligence, and ideal harmony in (...) reason, society, art, religion, and science. The work is an exquisitely rendered vision of human life lived sanely. In this third book, Santayana offers a naturalistic interpretation of religion. He believes that religion is ignoble if regarded as a truthful depiction of real beings and events; but regarded as poetry, it might be the greatest source of wisdom. Santayana analyzes four characteristic religious concerns: piety, spirituality, charity, and immortality. He is at his most profound in his discussion of immortality, arguing for an ideal immortality that does not eradicate the fear of death but offers a way for mortal man to share in immortal things and live in a manner that will bestow on his successors the imprint of his soul. This critical edition, volume VII of The Works of George Santayana, includes notes, textual commentary, lists of variants and emendations, bibliography, and other tools useful to Santayana scholars. The other four books of the volume include Reason in Common Sense, Reason in Society, Reason in Art, and Reason in Science. (shrink)
With disagreement, doubts, or ambiguous grounds in end–of-life decisions, doctors are advised to involve a clinical ethics committee. However, little has been published on doctors’ experiences with discussing an end-of-life decision in a CEC. As part of the quality assurance of this work, we wanted to find out if clinicians have benefited from discussing end-of-life decisions in CECs and why. We will disseminate some Norwegian doctors’ experiences when discussing end-of-life decisions in CECs, based on semi-structured interviews with fifteen Norwegian physicians (...) who had brought an end-of-life decision case to a CEC. Almost half of the cases involved conflicts with the patients’ relatives. In a majority of the cases, there was uncertainty about what would be the ethically preferable solution. Reasons for referring the case to the CEC were to get broader illumination of the case, to get perspective from people outside the team, to get advice, or to get moral backing on a decision already made. A great majority of the clinicians reported an overall positive experience with the CECs’ discussions. In cases where there was conflict, the clinicians reported less satisfaction with the CECs’ discussions. The study shows that most doctors who have used a CEC in an end-of-life decision find it useful to have ethical and/or legal aspects illuminated, and to have the dilemma scrutinized from a new perspective. A systematic discussion seems to be significant to the clinicians. (shrink)
Exploratory studies employing volunteer subjects are especially vulnerable to race and class bias. This article illustrates how inattention to race and class as critical dimensions in women's lives can produce biased research samples and lead to false conclusions. It analyzes the race and class background of 200 women who volunteered to participate in an in-depth study of Black and White professional, managerial, and administrative women. Despite a multiplicity of methods used to solicit subjects, White women raised in middle-class families who (...) worked in male-dominated occupations were the most likely to volunteer, and White women were more than twice as likely to respond to media solicitations or letters. To recruit most Black subjects and address their concerns about participation required more labor-intensive strategies involving personal contact. The article discusses reasons for differential volunteering and ways to integrate race and class into qualitative research on women. (shrink)
In this article, I am concerned with the public engagements of Julian Huxley, Lancelot Hogben, and J. B. S. Haldane. I analyze how they used the new insights into the genetics of heredity to argue against any biological foundations for antidemocratic ideologies, be it Nazism, Stalinism, or the British laissez-faire and class system. The most striking fact—considering the abuse of biological knowledge they contested—is that these biologists presented genetics itself as inherently democratic. Arguing from genetics, they developed an understanding of (...) diversity that cuts across divisions of race, class, or gender. Human diversity rightly understood was advantageous for societal progress. Huxley, Hogben, and Haldane did not hold identical political ideals, but they all argued for democratic reforms and increased planning geared toward greater social equality, and they did so under the label of scientific humanism. Huxley took issue with the notion that evolutionary history does not carry any moral lessons for human societies. Rather than being its antithesis, evolution was the basis of human sociality. In fact, the entire future progress of individuals and communities toward a democratic world order needed to be founded on the cosmic principles of evolution—a process that had to be guided by the biological expert with a strong sense of social responsibility. (shrink)
Although it is now generally acknowledged that new biomedical technologies often produce new definitions and sometimes even new concepts of disease, this observation is rarely used in research that anticipates potential ethical issues in emerging technologies. This article argues that it is useful to start with an analysis of implied concepts of disease when anticipating ethical issues of biomedical technologies. It shows, moreover, that it is possible to do so at an early stage, i.e. when a technology is only just (...) emerging. The specific case analysed here is that of ‘molecular medicine’. This group of emerging technologies combines a ‘cascade model’ of disease processes with a ‘personal pattern’ model of bodily functioning. Whereas the ethical implications of the first are partly familiar from earlier—albeit controversial—forms of preventive and predictive medicine, those of the second are quite novel and potentially far-reaching. (shrink)
Resource constraints in developing countries compel policy makers to ration the provision of healthcare services. This article examines one such set of Guidelines: A patient dialysing in the state sector in South Africa may not refuse renal transplantation when a kidney becomes available. Refusal of transplantation can lead to exclusion from the state-funded dialysis programme. This Guideline is legally acceptable as related to Constitutional stipulations which allow for rationing healthcare resources in South Africa. Evaluating the ethical merit of the Guideline, (...) and exploring the ethical dilemma it poses, proves a more complex task. We examine the actions of healthcare professionals as constrained by the Guideline. From a best interests framework, we argue that in these circumstances directing patient decision making is not necessarily unethical or unacceptably paternalistic. We then scrutinise the guideline itself through several different ethical ‘lenses’. Here, we argue that bioethics does not provide a definitive answer as to the moral merit of rationing dialysis under these circumstances, however it can be considered just in this context. We conclude by examining a potential pitfall of the Guideline: Unwilling transplant recipients may not comply with immunosuppressive medication, which raises questions for policies based on resource management and rationing. (shrink)
The ability to recognise others’ emotions from nonverbal cues is measured with performance-based tests and has many positive correlates. Although researchers have...
Psychoanalysis was characterised by Freud as ‘the science of the unconscious mind’, and he never gave up hope that future developments in the neurosciences might contribute to a scientific foundation of psychoanalysis. This book explores the critical interdisciplinary dialogue between contemporary psychoanalysis and cognitive science, building bridges between researchers and clinicians to enable a better understanding of their passions, professional realities and engagement with psychoanalysis. Each chapter presents clinical case studies of the unconscious, alongside key areas of debate and development, (...) including: what are the differences between the conceptualisation of ‘the unconscious’ in psychoanalysis and in cognitive science? Are core concepts of psychoanalysis still plausible? And are such understandings of the unconscious still central to treating patients in contemporary psychotherapy? (shrink)
Although artificial intelligence has been given an unprecedented amount of attention in both the public and academic domains in the last few years, its convergence with other transformative technologies like cloud computing, robotics, and augmented/virtual reality is predicted to exacerbate its impacts on society. The adoption and integration of these technologies within industry and manufacturing spaces is a fundamental part of what is called Industry 4.0, or the Fourth Industrial Revolution. The impacts of this paradigm shift on the human operators (...) who continue to work alongside and symbiotically with these technologies in the industry bring with it novel ethical issues. Therefore, how to design these technologies for human values becomes the critical area of intervention. This paper takes up the case study of robotic AI-based assistance systems to explore the potential value implications that emerge due to current design practices and use. The design methodology known as Value Sensitive Design (VSD) is proposed as a sufficient starting point for designing these technologies for human values to address these issues. (shrink)
ZusammenfassungAusgehend von Kleinmans Differenzierung des Krankheitsbegriffs in disease, illness und sickness und der Unterscheidung von Krankheit und Behinderung durch die Weltgesundheitsorganisation wird am Beispiel von Aufmerksamkeitsstörungen untersucht, welche Zusammenhänge zwischen den beiden Konzeptionen, Krankheit und Behinderung, bestehen. Hierbei wird gefragt, ob und wie Kleinmans Differenzierung des Krankheitsbegriffs auf den Behinderungsbegriff übertragen werden kann und wie eine Modifizierung produktiv für das Verständnis konkreter Syndrome genutzt werden kann. Während die WHO seit 1980 Behinderung von Krankheit auch per Klassifikation unterscheidet, ist der Bereich (...) chronischer Erkrankungen und psychischer sowie kognitiver Syndrome nicht eindeutig verortet. Dies zeigt sich u. a. daran, dass Intelligenzminderungen und Aufmerksamkeitsstörungen sowohl medizinisch mit der ICD-10 diagnostiziert als auch mit der Behinderungsklassifikation der WHO, der Internationalen Klassifikation von Funktionsfähigkeit, Behinderung und Gesundheit, klassifiziert werden können. Im Gegensatz zur ICD lassen sich die Syndrome mit der ICF differenziert kategorisieren, dadurch dass einzelne Körperfunktionen oder Aktivitäten sowie die individuelle Umwelt beurteilt werden. Aufmerksamkeitsschwierigkeiten sowie verschiedene kognitive Fähigkeiten können interdisziplinär beurteilt werden, indem sowohl ihre physischen und psychischen als auch ihre individuellen und gesellschaftlichen Komponenten berücksichtigt werden. Die fachliche und die persönliche Perspektive auf die Syndrome sollten miteinander korreliert werden. Eine klare konzeptionelle Unterscheidung von Krankheit und Behinderung ist nicht möglich. (shrink)
This study examines the similarities and differences in pre- and post-Sarbanes-Oxley corporate ethics codes and codes of conduct using the framework of structuration theory. Following the passage of the Sarbanes-Oxley (SOX) legislation in 2002 in the United States, publicly traded companies there undertook development and revision of their codes of ethics in response to new regulatory requirements as well as incentives under the U.S. Corporate Sentencing Guidelines, which were also revised as part of the SOX mandates. Questions that remain are (...) whether these new or revised codes are effective means of communicating changed ethical foci and attitudes in organizations. Centering resonance analysis (CRA) is used to identify differences and similarities across time and industries by analyzing word networks of 46 pre- and post-SOX corporate codes of ethics. Analyses focus on content and structure of generated word networks as well as resulting factors that emerged from the texts. Results are interpreted from the structuration perspective that content and structure of codes are constrained and enabled by system structures while they function to produce and reproduce those structures. Results indicate that corporate codes of ethics are formal discourses of ethics, laws, and control. Code structure has changed across time, with an increased emphasis on compliance in post-SOX codes. Implications for research and practice are discussed in light of findings. (shrink)
Biomedical research policy in recent years has often tried to make such research more ‘translational’, aiming to facilitate the transfer of insights from research and development to health care for the benefit of future users. Involving patients in deliberations about and design of biomedical research may increase the quality of R&D and of resulting innovations and thus contribute to translation. However, patient involvement in biomedical research is not an easy feat. This paper discusses the development of a method for involving (...) patients in biomedical research aiming to address its main challenges.After reviewing the potential challenges of patient involvement, we formulate three requirements for any method to meaningfully involve patients in biomedical research. It should enable patients to put forward their experiential knowledge, to develop a rich view of what an envisioned innovation might look like and do, and to connect their experiential knowledge with the envisioned innovation. We then describe how we developed the card-based discussion method ‘Voice of patients’, and discuss to what extent the method, when used in four focus groups, satisfied these requirements. We conclude that the method is quite successful in mobilising patients’ experiential knowledge, in stimulating their imaginaries of the innovation under discussion and to some extent also in connecting these two. More work is needed to translate patients’ considerations into recommendations relevant to researchers’ activities. It also seems wise to broaden the audience for patients’ considerations to other actors working on a specific innovation. (shrink)
Supramolecular chemistry, at the interface between chemistry, physics and biology, is a research domain which has grown considerably in the last 40 years. Jean-Marie Lehn was the first to lay its foundations and formalise its concepts, in a seminal article published in 1978. This work earned him the 1987 Nobel Prize for Chemistry, which he shared with Charles J. Pedersen and Donald J. Cram. The development of SMC has led to the creation of a dedicated institute and a new building (...) on the university campus. In this chapter, the emergence of supramolecular chemistry as a paradigm and research speciality at the University of Strasbourg is reconstructed with a focus on Lehn’s central role in this process, proposing a three-period chronology based on Mullins’ sequential model. It is furthermore argued that the creation of a physical space, with particular architecture and functions, has also played a key role in consolidating what is now called the “Strasbourg’s chemistry”. The disciplinary character of SMC is discussed in reference to the concept of “new disciplinarity” put forward by Marcovich and Shinn :582–6062011, Toward a new dimension: exploring the nanoscale. Oxford University Press, Oxford, 2014). (shrink)
With the rise of incivility in organizational settings, coupled with an increase in discriminatory behavior around the world, we explain how these concerns have merged to become a pervasive workplace ethical issue. An ethical-decision making model is presented that is designed to help employees address issues of incivility with a moral response action, using Islamophobia and/or anti-Muslimism as an example. By adopting a proactive moral strength-based approach to embrace and address this issue, we hope to promote respect while also mitigating (...) the lack of its presence. We explicate potential cognitive and affective influences that support an organizational member’s desire and decision to respond to incivility in a reverential manner. Given the propensity for employees to turn away, become apathetic, or to simply ignore wrongdoing, scholars need to illustrate how a path to respectful behavior can be achieved. Our model highlights variables like group norms and anticipated emotions, punctuated by different forms of self-regulation. A Kantian view, underscoring the worth of every person, underpins our appeal. (shrink)
Three experiments are reported that address the issue of awareness in evaluative learning in two different sensory modalities: visual and haptic. Attempts were made to manipulate the degree of awareness through a reduction technique (by use of a distractor task in Experiments 1 and 2 and by subliminally presenting affective stimuli in Experiment 3) and an induction technique (by unveiling the evaluative learning effect and requiring participants to try to discount the influence of the affective stimuli). The results indicate overall (...) that evaluative learning was successful in the awareness-reduction groups but not in the awareness-induction groups. Moreover, an effect in the opposite direction to that normally observed in evaluative learning emerged in participants aware of the stimulus contingencies. In addition, individual differences in psychological reactance were found to be implicated in the strength and direction of the effect. It is argued that these results pose serious problems for the contention that awareness is necessary for evaluative learning. (shrink)
Ausgehend von Kleinmans Differenzierung des Krankheitsbegriffs in disease, illness und sickness und der Unterscheidung von Krankheit und Behinderung durch die Weltgesundheitsorganisation wird am Beispiel von Aufmerksamkeitsstörungen untersucht, welche Zusammenhänge zwischen den beiden Konzeptionen, Krankheit und Behinderung, bestehen. Hierbei wird gefragt, ob und wie Kleinmans Differenzierung des Krankheitsbegriffs auf den Behinderungsbegriff übertragen werden kann und wie eine Modifizierung produktiv für das Verständnis konkreter Syndrome genutzt werden kann. Während die WHO seit 1980 Behinderung von Krankheit auch per Klassifikation unterscheidet, ist der Bereich (...) chronischer Erkrankungen und psychischer sowie kognitiver Syndrome nicht eindeutig verortet. Dies zeigt sich u. a. daran, dass Intelligenzminderungen und Aufmerksamkeitsstörungen (als spezielle Form hyperkinetischer Störungen) sowohl medizinisch mit der ICD-10 (als Krankheitsklassifikation) diagnostiziert als auch mit der Behinderungsklassifikation der WHO, der Internationalen Klassifikation von Funktionsfähigkeit, Behinderung und Gesundheit (ICF), klassifiziert werden können. Im Gegensatz zur ICD lassen sich die Syndrome mit der ICF differenziert kategorisieren, dadurch dass einzelne Körperfunktionen oder Aktivitäten sowie die individuelle Umwelt beurteilt werden. Aufmerksamkeitsschwierigkeiten sowie verschiedene kognitive Fähigkeiten können interdisziplinär beurteilt werden, indem sowohl ihre physischen und psychischen als auch ihre individuellen und gesellschaftlichen Komponenten berücksichtigt werden. Die fachliche und die persönliche Perspektive auf die Syndrome sollten miteinander korreliert werden. Eine klare konzeptionelle Unterscheidung von Krankheit und Behinderung ist nicht möglich. (shrink)
Is the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences? Do U.S. laws about Native Americans violate the preferred or traditional "silence" of the peoples whose religions and languages they aim to "protect" and "preserve"? In Just Silences, Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice.Grounding her claims (...) about modern law in rhetorical analyses of U.S. law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, Constable asks what we are to make of silences in modern law and justice. She shows how what she calls "sociolegal positivism" is more important than the natural law/positive law distinction for understanding modern law. Modern law is a social and sociological phenomenon, whose instrumental, power-oriented, sometimes violent nature raises serious doubts about the continued possibility of justice. She shows how particular views of language and speech are implicated in such law.But law--like language--has not always been positivist, empirical, or sociological, nor need it be. Constable examines possibilities of silence and proposes an alternative understanding of law--one that emerges in the calling, however silently, of words to justice. Profoundly insightful and fluently written, Just Silences suggests that justice today lies precariously in the silences of modern positive law. (shrink)