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)

Phenomenology has been adapted for use in qualitative health research, where it’s often used as a method for conducting interviews and analyzing interview data. But how can phenomenologists study subjects who cannot accurately reflect upon or report their own experiences, for instance, because of a psychiatric or neurological disorder? For conditions like these, qualitative researchers may gain more insight by conducting observational studies in lieu of, or in conjunction with, interviews. In this article, we introduce a phenomenological approach to conducting (...) this kind of observational research. The approach relies on conceptual grounding to focus a study on specific aspects of the participants’ experiences. Moreover, the approach maintains the openness to novel discoveries that qualitative research requires while also providing a structured framework for data collection and analysis. To illustrate its practical application, we use examples of hemispatial neglect—a neurologic disorder in which patients characteristically lack awareness of their own illness and bodily capacities. However, the approach that we describe can be applied more broadly to the study of complex illness experiences and other experiential alterations. (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)

In this book, Marianne Moyaert develops a new interreligious appropriation of Paul Ricoeur’s hermeneutical philosophy. Viewed in context of his philosophical, anthropological, and ethical work, Ricoeur’s fragmentary reflections on the encounters between religions provide insights on global cooperation practices and religious identity concerns.

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 (presented as a text treatment) 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)

Mehr Markt und Wettbewerb im Gesundheitswesen, so der Tenor aktueller gesundheitspolitischer Debatten, soll Transparenz schaffen, Kosten senken, Missbräuche verhindern und die Qualität der Leistungen steigern. Marianne Rychner zeigt anhand objektiv-hermeneutischer Materialanalysen, in welcher Weise professionalisierte ärztliche Praxis und die Logik des Marktes in einem Widerspruch zueinander stehen. Dies wird deutlich anhand einer detailgetreuen Rekonstruktion zweier ärztlicher Konsultationen. In der Interaktion zwischen Ärztin und Patient entfaltet sich eine komplexe Handlungslogik. Diese konfrontiert die Autorin mit aktuellen Versuchen, der ärztlichen Praxis den (...) Charakter eines marktkonformen Produkts zu geben. (shrink)

This introduction includes a short summary discussion of all the articles included in the volume. In addition to reprints of Rorty's essays about pragmatism and feminism, the volume includes essays by John C. Adams, Linda Martín Alcoff, Sharyn Clough, Nancy Fraser, Sabina Lovibond, Alessandra Tanesini, Georgia Warnke, and Steven Yarbrough.

Between the last decades of the 18th century and the middle of the 19th century, something of paramount importance happened in the history of anthropology. This was the advent of a physical anthropology that was about the classification of ‘human races’ through comparative measurement. A central tool of the new trade was diagrams. Being inherently about relations in and between objects, diagrams became the means of defining human groups and their relations to each other – the last point being disputed (...) between the monogenists and the polygenists. James Cowles Prichard, a proponent of the comparative historical approach, was able to do without images in his pioneering Researches Into the Physical History of Man of 1813, but the third edition, which appeared in five volumes between 1836 and 1847, was richly illustrated with ‘ethnic types’ and skulls, including diagrams. What was happening is a process I engage with in detail for Samuel George Morton, who collected and distributed human skulls as lithographs in Crania americana (1839) and Crania aegyptiaca (1844). Along with the paper skulls travelled detailed instructions of how to look at them through a set of lines and to set their individual parts in relation to each other as well as to those of other types. Drawing on Johann Friedrich Blumenbach and Peter Camper, the Crania thus played a pivotal role in establishing what I call a diagrammatics of race – a diagrammatics that became overtly political with Types of Mankind (1854), which was written in Morton's honour by Josiah Nott and George Gliddon. (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)

First Published in 1991. Routledge is an imprint of Taylor & Francis, an informa company.

Do you want to make sure you · Don’t invest your money in the next Enron? · Don’t go to work for the next WorldCom right before the crash? · Identify and solve problems in your organization before they send it crashing to the ground? Marianne Jennings has spent a lifetime studying business ethics---and ethical failures. In demand nationwide as a speaker and analyst on business ethics, she takes her decades of findings and shows us in The Seven Signs (...) of Ethical Collapse the reasons that companies and nonprofits undergo ethical collapse, including: · Pressure to maintain numbers · Fear and silence · Young ’uns and a larger-than-life CEO · A weak board · Conflicts · Innovation like no other · Belief that goodness in some areas atones for wrongdoing in others Don’t watch the next accounting disaster take your hard-earned savings, or accept the perfect job only to find out your boss is cooking the books. If you’re just interested in understanding the (not-so) ethical underpinnings of business today, The Seven Signs of Ethical Collapse is both a must-have tool and a fascinating window into today’s business world. (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)

This paper discusses the definition of argumentation as a means for persuading an audience on the acceptability of a thesis. It is argued that persuasion is a goal that relates more to the communicative situation, the type of interaction or the type of discourse, rather than to the argumentative nature of it. Departing from the analysis of a short conversational sequence between people who agree on an issue and nevertheless argue, I suggest that a definition of argumentation in terms of (...) persuasion fails to account for what people are actually doing in these situations. I propose instead that several functions may be assigned to argumentation when considering the context in which it is produced: a cognitive function (which helps participants to elaborate a position on the discussed issue), and an identifying function (which enables them to portray themselves through the expression and the justification of their opinion). In the case analyzed here, a third function to which the argumentative activity contributes can also be identified, namely the enhancing of the emotional tonality of the relationship between the participants. While it becomes clear from the discussion of this argumentative sequence that the participants do not seek to persuade each other or some third party, it is not suggested that argumentation never aims at persuading an audience, but rather that persuasion cannot be considered as a defining feature of argumentation. (shrink)

This contribution presents an adult education workshop implemented in the field of early childhood education. One of the specificities of education and care practices lies in the competences of the professionals to give a central role to the detailed observation of situations, in order to adjust their modalities of action. How can such observational work be developed and transformed? A participatory research-training approach aims to support the co-construction of an analytical view on observable phenomena in the course of interactions. In (...) a perspective of interactional analysis, it focuses on the modalities that favor the construction of such an analytical posture. (shrink)

The legalization of cannabis in Canada instantiates principles of harm-reduction and safe supply. However, in-depth understanding of values at stake and attitudes toward legalization were not part of extensive democratic deliberation. Through a qualitative exploratory study, we undertook 48 semi-structured interviews with three Canadian stakeholder groups to explore opinions and values with respect to the legalization of cannabis: (1) members of the general public, (2) people with lived experience of addiction and (3) clinicians with experience treating patients with addiction. Across (...) all groups, participants tended to be in favor of legalization, but particular opinions rested on their viewpoint as stakeholders. Clinicians considered the way legalization would affect an individual’s health and its potential for increasing rates of addiction on a larger scale. People with lived experience of addiction cited personal autonomy more than other groups and stressed the need to have access to quality information to make truly informed decisions. Alternatively, members of the public considered legalization positive or negative in light of whether one’s addiction affected others. We elaborate on and discuss how scientific evidence about drug use impact values relates and how can different arguments play in democratic debates about legalization. (shrink)

Adult-infant early dyadic interactions have been extensively explored by developmental psychologists. Around the age of 2 months, infants already demonstrate complex, delicate and very sensitive behaviors that seem to express their ability to interact and share emotions with their caregivers. This paper presents 3 pilot studies of parent-infant dyadic interaction in various set-ups. The first two present longitudinal data collected on two infants aged between 1 and 6 months and their mothers. We analyzed the development of coordination between them, at (...) the motor and at the vocal level. The 3rd pilot study aims to explore interpersonal coordination in both vocal behavior and motor activity for one infant and his mother at 2, 4 and 6 months. These pilot studies however leave a number of questions open concerning developmental changes and infants’ progressive mastery of interaction. We identify areas worth examining and try to tease out specific issues that may help develop new methodological pathways for the study of early naturalistic social interaction. We assume that a continuous, rather than discrete, approach would better capture the changes taking place in the various communicative modalities, while also displaying each dyad’s specificity and the narrative dimension of social engagement between infants and caregivers. (shrink)

Aristotle is generally considered as a philosopher whose authority characterized the Middle Ages.

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)

Name der Zeitschrift: Deutsche Zeitschrift für Philosophie Jahrgang: 65 Heft: 2 Seiten: 349-355.

Diese Publikation nimmt Bezug auf das Ende des Spanischen Bürgerkriegs vor 70 Jahren und untersucht Motive und Gründe des freiwilligen Engagements dreier europäischer Intellektueller Carl Einstein, Simone Weil, Etta Federn zwischen 1936 ...

The fourth of five books in one of the greatest works in modern philosophical naturalism.

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)

Social scientists and scholars in the humanities all rely on first-person descriptions of experience to understand how subjects construct their worlds. The problem they always face is how to integrate first-person accounts with an impersonal stance. Over the course of the twentieth century, this problem was compounded as the concept of experience itself came under scrutiny. First hailed as a wellspring of knowledge and the weapon that would vanquish metaphysics and Cartesianism by pragmatists like Dewey and James, by the century's (...) end experience had become a mere vestige of both, a holdover from seventeenth-century empiricist metaphysics. This devaluation of experience has left us bereft, unable to account for first-person perspectives and for any kind of agency or intentionality. This book takes on the critique of empiricism and the skepticism with regard to experience that has issued from two seemingly disparate intellectual strains of thought: anti-foundationalist and holistic philosophy of science and epistemology and feminist critiques of identity politics. Both strains end up marginalizing experience as a viable corrective for theory, and both share notions of human beings and cognition that cause the problem of the relation between experience and our theories to present itself in a particular way. Indeed, they render experience an intractable problem by opening up a gap between a naturalistic understanding of human beings and an understanding of humans as cultural entities, as non-natural makers of meaning. Marianne Janack aims to close this gap, to allow us to be naturalistic and hermeneutic at once. Drawing on cognitive neuroscience, the pragmatist tradition, and ecological psychology, her book rescues experience as natural contact with the world. (shrink)

Background Since the enactment of the euthanasia law in the Netherlands, there has been a lively public debate on assisted dying that may influence the way patients talk about euthanasia and physician-assisted suicide with their physicians and the way physicians experience the practice of EAS. Aim To show what developments physicians see in practice and how they perceive the influence of the public debate on the practice of EAS. Methods We conducted a secondary analysis of in-depth interviews with 28 Dutch (...) physicians who had experience with a complex case of EAS. Respondents were recruited both by the network of physicians working for SCEN as well as via a national questionnaire, wherein participating physicians could indicate their willingness to be interviewed. Results Three themes came up in analysing the interviews. First, the interviewed physicians experienced a change in what patients would expect from them: from a role as an involved caregiver to being the mere performer of EAS. Second, interviewees said that requests for EAS based on non-medical reasons came up more frequently and wondered if EAS was the right solution for these requests. Last, respondents had the impression that the standards of EAS are shifting and that the boundaries of the EAS regulation were stretched. Conclusions The perceived developments could make physicians less willing to consider a request for EAS. Our results also raise questions about the role of physicians and of EAS in society. (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 (CJ) 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)

"A discussion of issues raised by Richard Rorty's engagement with feminist philosophy.

The movement advocating the formal certification of clinical ethics consultants may result in major changes to the field of clinical ethics consultation by creating a new standard of care. The actual certification process is still in the development phase, but unanswered questions include: What will certification cost, and, Who will pay? Currently there is little salary support for ethics consultants and no regulation requiring healthcare institutions to offer clinical ethics consultation. Without the support of healthcare administrators and accreditation bodies, this (...) may remain unchanged.Healthcare administrators may be unwilling to pay for certification or professional services if accreditation bodies do not require healthcare institutions to provide certified ethics consultants’ services. If consultants will not be reimbursed or paid, they may not seek certification. If certified consultants are required, healthcare administrators may look for ways to cover the costs for providing this service, including insurance or third-party reimbursement and direct billing of patients for consultations, which may affect who performs and who participates in ethics consultation. However, this is less than ideal, as bioethicists believe ethics consultation should be available to all as part of providing safe, quality ethical care and support and guidance for patients, families, and healthcare staff.Going forward, bioethicists should study quality improvement, patient safety, and cost-savings resulting from certification-eligible clinical ethics consultants’ activities. Administrators and financial personnel can be surveyed regarding their support for the certification process. Bioethicists should enlist the help of patient rights and safety advocacy groups, professional medical associations, and healthcare administrators. Bioethicists should invite accreditation bodies, healthcare administrators, and financial personnel to collaborate in the development of the certification process. Without their support, certification may be of value only to the bioethics community, and may have little standing in actual clinical healthcare institution settings. (shrink)

Addiction is a common condition affecting millions of people worldwide of which only a small proportion receives treatment. The development and use of healthcare services is influenced by how addiction is understood (e.g., a condition to treat, a shameful condition to stigmatize), notably with respect to how volition is impacted (e.g., addiction as a choice or a disease beyond one’s control). Through semi-structured qualitative interviews, we explore the implicit views and understandings of addiction and volition across three stakeholder groups: people (...) with lived experience of addiction, clinicians with experience treating addiction, and members of the public without lived experience of addiction. We notably examine whether three paradigms, i.e., three philosophical sets of understandings about the nature of reality and knowledge (realism, relativism, pragmatism) reflect how stakeholders envision addiction and volition in the context of addiction. The use of these paradigms allows for the characterization of different stances on addiction and volition and an assessment of the coherence of beliefs about these matters. Our findings demonstrate that few participants relied on a single epistemic paradigm when describing their views. Furthermore, there were notable differences in understandings of volition between the clinician group, who were more oriented toward pragmatism, and people with lived experience of addiction, who were less oriented toward realism. Despite its limitations, our study suggests that a greater appreciation for the complexity of views held by different stakeholders about addiction and volition could help critically assess the search for coherence expressed in academic and policy debates. (shrink)

In the advertising discourse of human genetic database projects, of genetic ancestry tracing companies, and in popular books on anthropological genetics, what I refer to as the anthropological gene and genome appear as documents of human history, by far surpassing the written record and oral history in scope and accuracy as archives of our past. How did macromolecules become "documents of human evolutionary history"? Historically, molecular anthropology, a term introduced by Emile Zuckerkandl in 1962 to characterize the study of primate (...) phylogeny and human evolution on the molecular level, asserted its claim to the privilege of interpretation regarding hominoid, hominid, and human phylogeny and evolution vis-à-vis other historical sciences such as evolutionary biology, physical anthropology, and paleoanthropology. This process will be discussed on the basis of three key conferences on primate classification and evolution that brought together exponents of the respective fields and that were held in approximately ten-years intervals between the early 1960s and the 1980s. I show how the anthropological gene and genome gained their status as the most fundamental, clean, and direct records of historical information, and how the prioritizing of these epistemic objects was part of a complex involving the objectivity of numbers, logic, and mathematics, the objectivity of machines and instruments, and the objectivity seen to reside in the epistemic objects themselves. (shrink)