When David Souter was nominated by President Bush to the Supreme Court, he cited John Marshall Harlan as his model. It was an interesting choice. Admired by conservatives and deeply respected by his liberal brethren, Harlan was a man, as Justice William Brennan lamented, whose "massive scholarship" has never been fully recognized. In addition, he was the second Harlan to sit on the Court, following his grandfather--also named John Marshall Harlan. But while his grandfather was an outspoken supporter of reconstruction (...) on a conservative court, the younger Harlan emerged as a critic of the Warren Court's liberal expansion of civil liberties. Now, in the first biography of this important but neglected jurist, Tinsley Yarbrough provides a detailed account of Harlan's life, from his privileged childhood to his retirement and death. Yarbrough examines the forces and events which shaped the Justice's jurisprudence--his early life and often complex family relationships, education at Princeton and Oxford, his work as a prosecutor during Prohibition, Republican Party activities, wartime service in the Army Air Force, and years as one of the nation's preeminent corporate lawyers. The book focuses, however, on Harlan's years on the high bench. Yarbrough weaves together discussions of the Justice's relations with his brethren, clerks, and staff, an examination of Harlan's role in the decision-making process on the Court, and an analysis of his jurisprudence. The Justice's approach to constitutional interpretation exalted precedent, deference to governmental power, and narrow decisions closely tied to case facts; but he also accepted an evolving, creative model of constitutional construction which permitted expansive readings of constitutional rights. Yarbrough's details Harlan's close relationship with Justice Frankfurter, showing how--despite their friendship and alliance--Harlan strongly marked out his own position, both personally and judicially, on the Warren and Burger courts. And he examines the substance and significance of his dissents in such famous cases as Miranda and the Pentagon Papers. Intensively researched, smoothly written, and incisively argued, Yarbrough's biography offers an absorbing account of the life and career of a great dissenter, hailed by admirers as a "lawyer's lawyer" and a "judge's judge." Coming at a time when the high court has begun to adopt many of Harlan's principles, this account provides an essential perspective on the Court, civil liberties, and a pivotal figure in the history of both. (shrink)

This expanded edition of C L Hardin's ground-breaking work on colour features a new chapter, 'Further Thoughts: 1993', in which the author revisits the dispute ...

Many realists have maintained that the success of scientific theories can be explained only if they may be regarded as approximately true. Laurens Laudan has in turn contended that a necessary condition for a theory's being approximately true is that its central terms refer, and since many successful theories of the past have employed central terms which we now understand to be non-referential, realism cannot explain their success. The present paper argues that a realist can adopt a view of reference (...) according to which a theory might plausibly be said to be approximately true even though its central terms do not refer, or alternatively, he may construe reference in such a way as to assign reference to a range of successful older theories which includes Laudan's purported counterexamples. (shrink)

Globalization is a part of modern life. Sharing a common set of professional nursing values is critical in this global environment. The purpose of this research was to examine the professional values of nursing students from two distinct cultural perspectives. Nurse educators in Taiwan partnered with nurse educators in the United States to compare professional values of their respective graduating nursing students. The American Nurses Association Code of Ethics served as the philosophical framework for this examination. The convenience sample comprised (...) 94 Taiwanese students and 168 US students. Both groups reported high scores on an overall measure of values. They did differ substantially on the relative importance of individual items related to advocacy, competence, education, self-evaluation, professional advancement, and professional associations. Global implications for the collaborative practice of nurses from different cultures working together can be improved by first recognizing and then attending to these differences in value priorities. (shrink)

Chinese negotiators are known to have a negotiation emphasis that differs from their Western counterparts, especially in issues of face and conflict. These values, however, are not monolithic, and can change depending on the negotiation circumstance. This research examines how negotiation tactics changes when Chinese negotiators are faced with counterparts from near and distant cultures. An online conjoint simulation drew 351 respondents in Taiwan to test subjective perceptions of counterparts from the USA and Japan. Chinese respondents exhibited increased cultural accommodation (...) when the counterpart's culture was more distant – paying more attention to sacrificing self-interest and saving face for the other side. Integration in the negotiation was emphasized across both near and distant cultures above that observed for negotiation with Chinese counterparts. Saving face, ignoring conflict, and domination tactics were consistently valued, irrelevant of culture. Masculinity among Chinese respondents was exhibited in a preference for integration with male counterparts, especially for Chinese male negotiators. Results indicate practical considerations when preparing for negotiation with a Chinese counterpart by considering inconsistencies in preferences while also considering consistent values. (shrink)

Chinese negotiators are known to have a negotiation emphasis that differs from their Western counterparts, especially in issues of face and conflict. These values, however, are not monolithic, and can change depending on the negotiation circumstance. This research examines how negotiation tactics changes when Chinese negotiators are faced with counterparts from near and distant cultures. An online conjoint simulation drew 351 respondents in Taiwan to test subjective perceptions of counterparts from the USA and Japan. Chinese respondents exhibited increased cultural accommodation (...) when the counterpart's culture was more distant – paying more attention to sacrificing self-interest and saving face for the other side. Integration in the negotiation was emphasized across both near and distant cultures above that observed for negotiation with Chinese counterparts. Saving face, ignoring conflict, and domination tactics were consistently valued, irrelevant of culture. Masculinity among Chinese respondents was exhibited in a preference for integration with male counterparts, especially for Chinese male negotiators. Results indicate practical considerations when preparing for negotiation with a Chinese counterpart by considering inconsistencies in preferences while also considering consistent values. (shrink)

In-depth study of the enduring impact of the 1970s debate between state theorists Ralph Miliband and Nicos Poulantzas. We have recently lived through the turmoil of a global financial crisis that originated in the United States and, despite the platitudes of neo-liberal ideology, nation-states were deeply involved in managing this crisis. If “the state” is again a preeminent actor in the global economy, then state theory and the problem of the state should also return to the forefront of political theory. (...) Toward a Critical Theory of States is an intensive analysis of the 1970s debate between state theorists Ralph Miliband and Nicos Poulantzas, including its wider impact on Marxist theories of the state in subsequent decades. Clyde W. Barrow makes unique arguments and contributions to this continuing discussion in state theory and lays the foundation for more theoretically informed empirical and historical research on the state in the age of globalization. He argues that by merely moving past the Poulantzas-Miliband debate, as some have recommended, scholars have abandoned much that is valuable in understanding the state, particularly the need to comprehend the contemporary transformation of the state form and the state apparatuses as part of the new conditions of globalization and transnational capital accumulation. Building upon themes of state restructuring found in Poulantzas and Miliband, Barrow establishes the outlines of an approach that integrates the thought of both to propose a synthetic understanding of the new imperialism. (shrink)

Theories of discourse bring to realism new ideas about how knowledge develops and how representations of reality are influenced. We gain an understanding of the conceptual aspect of social life and the processes by which meaning is produced. This collection reflects the growing interest realist critics have shown towards forms of discourse theory and deconstruction. The diverse range of contributions address such issues as the work of Derrida and deconstruction, discourse theory, Eurocentrism and poststructuralism. What unites all of the contributions (...) is a sense that it is essential to provide a realist alternative to the hitherto dominance of social constructionism, hermeneutics and postmodernism, over many of the issues discussed. By developing a realist perspective the different authors attempt to embed discourse within the structured nature of the reality of the world. Realism can situate language, discourse and ideology within context specific, or 'causally efficacious' circumstances. Realism can help to uncover issues of power, representation, and subjectivity and how discursive and other social practices produce real effects. This can help us understand the manner in which social structures are reproduced through various forms of ideology and discourse. And by knowing this, we can start to address questions concerning human emancipation and how the world is to be transformed. (shrink)

Taylor exposes the concept of 'art' as a tool of ethnocentricity and radical ideology. He challenges the history of aesthetics as a recent invention of privileged Western consumerism and questions the myth of its ancient Greek origin.

It is probably true that the greater number of contemporary American anthropologists feel that “theory” is a very dangerous kind of business which the careful anthropologist must be on his guard against. This statement represents, in the first instance, merely a crude induction from my experience in talking with professional anthropologists. It is, however, symptomatic that not until 1933 did a book by an American anthropologist include the word “theory” in its title. Only a single book published subsequently is explicitly (...) given over to anthropological theory, and this avowedly concentrates upon the historical development of theories rather than upon a fresh and extended analysis of the more abstract aspects of anthropological thought. But because anthropology still painfully remembers the stomach-ache it got from the too easy generalizations of many nineteenth century “arm-chair ethnologists” is insufficient reason, it seems to me, for that almost morbid avoidance of theory which tends to produce acute indigestion from sheer bulk of unordered concrete observations. Landheer has with some justice commented. (shrink)

Through close examination of the texts, the author shows how 15th-century philosopher Nicholas of Cusa developed an understanding of uncertainty that opened the way for human intelligence, despite its inherent weaknesses, to find out more about ourselves, the world, and what lies beyond.

This paper, which is a response to a previous one by Charles Batteson published in the Journal, challenges the view that James Callaghan's personal intervention in the politics of education in 1976 in making the Ruskin Speech was pivotal in shaping the subsequent direction of Labour's policies for school reform. The paper also queries the idea that the Ruskin Speech was the immediate harbinger of New Right education policies. Instead, it is suggested, the historical record points up that such policies (...) gained ascendancy only some ten years later, the intervening period being dominated more by an acceptance of the educational consensus constructed by the Labour leadership in 1976-77. (shrink)

This paper, which is a response to a previous one by Charles Batteson (1997) published in the Journal, challenges the view that James Callaghan's personal intervention in the politics of education in 1976 in making the Ruskin Speech was pivotal in shaping the subsequent direction of Labour's policies for school reform. The paper also queries the idea that the Ruskin Speech was the immediate harbinger of New Right education policies. Instead, it is suggested, the historical record points up that such (...) policies gained ascendancy only some ten years later, the intervening period being dominated more by an acceptance of the educational consensus constructed by the Labour leadership in 1976-77. (shrink)

The changing milieu of research—increasingly global, interdisciplinary and collaborative—prompts greater emphasis on cultural context and upon partnership with international scholars and diverse community groups. Ethics training, however, tends to ignore the cross-cultural challenges of making ethical choices. This paper confronts those challenges by presenting a new curricular model developed by an international team. It examines ethics across a very broad range of situations, using case studies and employing the perspectives of social science, humanities and the sciences. The course has been (...) developed and taught in a highly collaborative way, involving researchers and students at Zhejiang University, the Indian Institute of Technology, Bombay and Brown University. The article presents the curricular modules of the course, learning outcomes, an assessment framework developed for the project, and a discussion of evaluation findings. (shrink)

The population of most non-dominant ethnic groups in the USA is growing dramatically. Faculty members are challenged to develop curricula that adequately prepare our future nurses. An increased focus on clinical ethics has resulted from the use of sophisticated technology, changes in health care financing, an increasing elderly population and the shift of care from inpatient to outpatient settings. Nurses frequently face situations demanding resolution of ethical dilemmas involving cultural differences. Nursing curricula must include content on both ethics and cultural (...) sensitivity. Active student participation is an important element providing a foundation for ethical practice. A proposed educational format was introduced with graduating baccalaureate students. In a pilot study, curricular content on cultural sensitivity and ethical practice was taught in separate modules. Students were then asked to identify and problem solve an ethical dilemma involving patients and professional caregivers from vastly different cultures. Course faculty members provided discussion questions to guide the students' thinking. (shrink)

This is a paradigmatic work of contemporary philosophy.

This study examines a recent claim that it was the Umayyad caliph ʿUmar b. ʿAbd al-ʿAzīz who instituted the requirement that non-Muslims living under Muslim rule adopt distinctive dress and behavior. After showing that the evidence for the origins of the ghiyār is neither as unanimous nor as consistent as was suggested, it is argued that the ghiyār cannot be securely attributed to ʿUmar b. ʿAbd al-ʿAzīz and that the problem of its origins therefore remains in question.

A significant number of asylum seekers who largely survived torture live in the United States. Asylum seekers have complex social and medical problems with significant barriers to health care access. When evaluating and providing care for survivors, health providers face important challenges regarding medical ethics and professional codes. We review ethical concerns in regard to accountability, the patient–physician relationship, and moral responsibilities to offer health care irrespective of patient legal status; competing professional responsibility toward society and the judiciary system; concerns (...) about the consistency of asylum seekers’ claims; ethical concerns surrounding involving trainees and researching within the evaluation setting; and the implication of broader societal views towards rights and social justice. We discuss contributing factors, including inadequate and insufficient provider training, varying and inadequate institutional commitment, asylum seekers’ significant medical and social problems, and the broader health and social system issues. We review existing resources to address these concerns and offer suggestions. (shrink)