Caring for the stranger -- Why compassion in politics? -- Historical perspectives on social welfare and global development -- Historical perspectives on human rights -- Compassion in religious and secular thought -- Justice and moral responsibility -- Altruism, empathy, and the making of "Us" and "Them" -- The moral politics of Liberals and Conservatives -- Politics against compassion in the United States -- Compassion in public policy and law -- Creating a more compassionate and just society.

The sacred or holy is central to Heidegger’s later writings, “The Thing” and “Building Dwelling Thinking” taking it as their focus. This aspect of his philosophy is often viewed as lacking in coherence1 or an attempt to return to Ancient Greek religion.2 Heideggerian notions of the gods or the sacred have frequently been dismissed or neglected, with even sympathetic commentators like Julian Young playing down their importance.Heidegger’s later thought, however, represents one of the most radical attempts to critically rethink divinity (...) in Western thought, presenting the possibility of dialogue with the non-Western notions of divinity. Focusing on the Shinto notion of divinity,3 in this essay I will... (shrink)

Gathering information from both published and unpublished material and interviews with Gibson's family, colleagues, and friends, Reed (philosophy, Drexel U.) chronicles Gibson's life and intellectual development and his attempts to synthesize several contrasting intellectual traditions into what he ultimately called an "ecological approach" to psychology. Annotation(c) 2003 Book News, Inc., Portland, OR (booknews.com).

On January 1, 2006, Medicare Part D prescription drug coverage was initiated. Concern was immediately voiced by the American Association of Retired Persons (AARP) and Families USA that, in response to this program, the pharmaceutical industry may raise prices for drugs most often used by the elderly. This article examines the ethical implications of a revenue-maximizing pricing strategy in an industry in which third party financing mitigates an end product's true cost to the user. The perspectives of three stakeholder groups (...) are examined: the elderly, as consumers of prescription drugs, the pharmaceutical industry, as product manufacturer and beneficiary of derived profits, and the total U. S. population, as the ultimate payer for the program via tax revenues. Key questions explored include the relationships among price strategy and access to drugs at both the micro (Medicare cohort) and macro (total population) levels, and on drug development or enhancement. The role of profit in a capitalism-based health care system is also examined. Hospital industry impact on these same stakeholder groups in response to the original 1965 Medicare law is used to compare and contrast possible outcomes of the new drug program. It is predicted that pharmaceutical firms will mimic the hospital industry, adopting a price maximizing strategy for drugs covered by the program. In the process, a utilitarian effect occurs: the benefits of increased access and diffusion of drugs counterbalance inequities in financing Medicare Part D. (shrink)

“I often said before starting, that I had no doubt I should frequently repent of the whole undertaking.” So wrote Charles Darwin aboard The Beagle , bound for the Galapagos Islands and what would arguably become the greatest and most controversial discovery in scientific history. But the theory of evolution did not spring full-blown from the head of Darwin. Since the dawn of humanity, priests, philosophers, and scientists have debated the origin and development of life on earth, and with modern (...) science, that debate shifted into high gear. In this lively, deeply erudite work, Pulitzer Prize–winning science historian Edward J. Larson takes us on a guided tour of Darwin’s “dangerous idea,” from its theoretical antecedents in the early nineteenth century to the brilliant breakthroughs of Darwin and Wallace, to Watson and Crick’s stunning discovery of the DNA double helix, and to the triumphant neo-Darwinian synthesis and rising sociobiology today. Along the way, Larson expertly places the scientific upheaval of evolution in cultural perspective: the social and philosophical earthquake that was the French Revolution; the development, in England, of a laissez-faire capitalism in tune with a Darwinian ethos of “survival of the fittest”; the emergence of Social Darwinism and the dark science of eugenics against a backdrop of industrial revolution; the American Christian backlash against evolutionism that culminated in the famous Scopes trial; and on to today’s world, where religious fundamentalists litigate for the right to teach “creation science” alongside evolution in U.S. public schools, even as the theory itself continues to evolve in new and surprising directions. Throughout, Larson trains his spotlight on the lives and careers of the scientists, explorers, and eccentrics whose collaborations and competitions have driven the theory of evolution forward. Here are portraits of Cuvier, Lamarck, Darwin, Wallace, Haeckel, Galton, Huxley, Mendel, Morgan, Fisher, Dobzhansky, Watson and Crick, W. D. Hamilton, E. O. Wilson, and many others. Celebrated as one of mankind’s crowning scientific achievements and reviled as a threat to our deepest values, the theory of evolution has utterly transformed our view of life, religion, origins, and the theory itself, and remains controversial, especially in the United States (where 90% of adults do not subscribe to the full Darwinian vision). Replete with fresh material and new insights, Evolution will educate and inform while taking readers on a fascinating journey of discovery. (shrink)

Most U.S. jurisdictions deem testimony regarding what one spouse tells the other in private inadmissible in most circumstances and most do not allow a person to be compelled to testify against his or her spouse. Although confidential communications and what a spouse knows about the other are both relevant and quite probative, triers of fact do not get to consider them. The scope, character, and very existence of these exceptions to the general principle of admitting everything into evidence have been (...) questioned by legal commentators for centuries, but they remain in force in most U.S. jurisdictions. This paper reviews the justifications for the spousal evidentiary privileges and argues for recasting the spousal evidentiary privileges in functional terms. (shrink)

This piece extends Edward Casey’s meditations on the notion of place. Here he specifically looks at “limitrophic” phenomena, including the U.S.-Mexico border as a means for thinking between edge and limit, place and voice.

Edward Granville Browne was a British orientalist renowned for his work on Persia. In this book, which was first published in 1918, Browne provided readers with access to previously unpublished material on the Bábí religious movement, which came to prominence in Persia between 1844 and 1852, before continuing in exile in the Ottoman Empire. This material was gathered by the author as a result of the development of personal relationships with key figures in the movement, such as Subh-i-Azal and (...) Bahá'u'lláh, from 1890 onwards. Prior to publication, it was translated into English, where necessary, and properly organised to increase intelligibility. This is a highly informative text that will be of value to anyone with an interest in the development of Bábism. (shrink)

The work broadens – to a considerable extent – Z. Pawlak’s original method (1982, 1992) of approximation of sets. The approximation of sets included in a universum U goes on in the contextual approximation space CAS which consists of: 1) a sequence of Pawlak’s approximation spaces (U,Ci), where indexes i from set I are linearly ordered degrees of contexts (I, <), and Ci is the universum partition U, 2) a sequence of binary relations on sets included in U, relations called (...) context relations indexed with degrees of contexts. The introduction of relations of contexts of sets was inspired by the work of W. Ziarnko (1993). Intuitively, set X is the context of set Y to the degree i, when on the basis of knowledge of the elements of set X we can obtain knowledge about the belonging of these elements to set Y to the degree i which is a degree of uncertainty or ambiguity, or inaccuracy. The operations of approximation of sets Ci-, BNi, Ci+, called lower approximation of the degree i, boundary of the degree i, upper approximation of the degree i, are formulated in a way which is analogous with the systems of Pawlak’s approximation, by expanding their formulas accordingly. In the next part of the work, it is shown (in an analogous way to Bryniarski’s work (1989)) that one can define the following operations on contextual rough sets: the union of contextual rough sets, the intersection of contextual rough sets and the complement of contextual rough set. It is proved that the algebra of contextual rough sets is a ditributive lattice with a unit and with a zero. On the basis of the results presented above the problem of defining operations on contextual rough sets by membership relations (Bryniarski 1989) may be formulated analogously to the classical operations on sets. (shrink)

Mooney (philosophy, Sonoma State U.) explores Kierkegaard's creative invention, the contemporary relevance of his contrasts between resignation and faith, and his conceptual analysis of aesthetic, moral, and religious psychology and life ...

This essay is a reflection on how ethical violations continue to have an impact across generations within families of vulnerable populations that have experienced significant breaches in biomedical research. The focus is on the surviving family members of the United States Public Health Service Syphilis Study at Tuskegee (USPHS). Emphasis will be on responsible ethical practices in research and the use of an unique approach narrative storytelling to address the needs of family descendents who have been impacted by the USPHS (...) Syphilis Study. (shrink)

This paper describes an episode in the life of the prominent plant radiation geneticist, Lewis J. Stadler during which he became a target of the Federal Bureau of Investigation concerning loyalty to the United States due to possible associations with the communist party. The research is based on considerable private correspondence of Dr. Stadler, the FBI interrogatory questions and Dr. Stadler’s answers and letters of support for Dr. Stadler by leading scientists such as, Hermann J. Muller.

This case study examines five dimensions of the 2007–2009 financial crisis in the United States: the devastating effects of the financial crisis on the U.S. economy, including unparalleled unemployment, massive declines in gross domestic product, and the prolonged mortgage foreclosure crisis; the multiple causes of the financial crisis and panic, such as the housing and bond bubbles, excessive leverage, lax financial regulation, disgraceful banking practices, and abysmal rating agency performance; the extraordinary efforts of the Federal Reserve, the Federal Reserve Bank (...) of New York, and the Department of the Treasury to stem the financial freefall triggered by the crisis and resuscitate financial institutions, the ethical implications of the unprecedented actions by government institutions to rescue financial institutions and drag the country back from the brink of global financial collapse, and the conduct of the various parties contributing to the financial crisis, such as the shoddy behavior of mortgage brokers, the massive securitization of mortgages into overly complex bonds, the excessive leverage of financial institutions, the disgraceful work of bond rating firms, the abysmal risk management systems employed by financial institutions, and the massive operations of the shadow banking and over-the-counter derivatives markets; and the major provisions of the Dodd–Frank Wall Street Reform and Consumer Protection Act signed into law to in response to the financial crisis and for the purpose of correcting the egregious conduct of major financial institutions. (shrink)

Black and Gilson have argued that “venture capital can flourish especially – and perhaps only – if the venture capitalist can exit from a successful portfolio company through an initial public offering, which requires an active stock market.” But nothing in the Black and Gilson analysis requires that the exit option be a domestic capital market. In this article, I use the phenomenon of Israeli hi-tech companies going public on the Nasdaq as a case study to explore the connection between (...) a venture capital industry and domestic capital markets in a world of global capital and product markets. (shrink)

The integration of ideas, methods, and data from diverse disciplines has been a transformative force in science and higher education, attracting policy interventions, program innovations, financial resources, and talented people. Much energy has been invested in producing a new generation of scientists trained to work fluidly across disciplines, sectors, and research problems, yet the success of such investments has been difficult to measure. Using the Integrative Graduate Education and Research Training (IGERT) program of the U.S. National Science Foundation as a (...) strategic research site, we conducted an experiment to determine whether and how the process and products of research of IGERT-trained scientists differ from those of scientists trained in disciplinary graduate programs. Among scientists in the early years of graduate study we found substantial and consistent differences suggesting that interdisciplinary training improved the quality and process of research, but this pattern was equally strongly reversed among students in the latter years of graduate study. Using systematic observation and other data we suggest why this might be so, then discuss the implications of these results for the design and conduct of graduate education and research. (shrink)

First published in 1984, this book carefully dissects and convincingly demonstrates that conservative economics is incoherent in theory and disastrous in practice. The three main schools of thought supporting "free-market" policies – supply side economics, monetarism and rational expectations – are examined in turn and each is found defective. Three case studies of conservative policy in action follow: Reagan’s U.S., Thatcher’s U.K. and Pinochet’s Chile and their courses are charted in depth. In addition, Robert Heilbroner and Edward Nell analyse (...) economic conservatism’s ideology and social policy, and the book concludes with an assessment of the political reasons for the continuing appeal of free-market conservatism despite its theoretical incoherence and practical failure. This is a careful and comprehensive look at this subject which tackles both the theory and the practice head-on. It will make useful and stimulating reading for students of economics and political economy on courses of economic policy and macro-economics and in addition will be of keen interest to all those involved in the debate about one of the major policy issues of our time. (shrink)

Did the September 11, 2001 terrorist attacks on the U.S. cause the values of teenagers in the U.S. to change? Did their previously important self-esteem and self-actualization values become less important and their survival and safety values become more important? Changes in the values of teenagers are important for practitioners, managers, marketers, and researchers to understand because high school students are our current and future employees, managers, and customers, and research has shown that values impact work and consumer-related attitudes and (...) behaviors. Further, studies that compared higher to lower performing for-profit and not-for-profit companies have found that higher performing organizations had strong values that permeated their organizations [Collins J. C., and J. I. Porras: 1994, Built to Last: Successful Habits of Visionary Companies (New York, Harper Business); O’Reilly, C. A. and J. A. Chatman: 1996, in B. M. Staw and L. L. Cummings (eds.), Research in Organizational Behavior, vol. 18 (JAI Press, Greenwhich, CT), pp. 157–200; O’Reilly, C. A.: 1989, California Management Review 31(4), 9–25; Posner, B. Z., and W. H. Schmidt: 1996, Public Personnel Management, 25(3), 277–298; Rousseau, D.: 1990, Group and Organization Studies 15(4), 448–460; Schein, E. H.: 2004, Organizational Culture and Leadership. San Francisco, Jossey Bass)]. While one study of adults found value changes, no known studies have explored if the values of teenagers also changed post-9/11. This study filled that research gap by exploring the values of a random sample of 1000 U.S. teenagers in grades 9 to 12 pre- and post-9/11, using a demographic questionnaire and the Rokeach Value Survey. The research results indicated that teenage survival, safety, and security values (a world at peace, freedom, national security, and salvation) increased in importance while their self-esteem and self-actualization values (a sense of accomplishment, inner harmony, pleasure, self-respect, and wisdom) decreased in importance, mirroring the changes for adults. The meaning of these findings for practitioners, managers, marketers and researchers was discussed. (shrink)

In Daubert v. Merrell Dow Pharmaceuticals, Inc., the U.S. Supreme Court made its first major pronouncement on the evaluation of scientific evidence, calling on judges to act as gatekeepers for scientific knowledge and validity, despite lack of scientific training among judges. Daubert offers the science studies community a case study for examining how judges engage in boundary-work and construct scientific validity. In constructing scientific validity under Daubert, judges must evaluate the scientific method behind a particular scientific claim, and will look (...) to the parties' experts and the relevant scientific community for assistance. To combat the oft-cited problem of the battle of the experts, judges may be tempted to obtain assistance from court-appointed neutral experts, an inquisitorial system in the civil law tradition of many European countries. The judicial evaluation of scientific evidence, the resulting construction of scientific validity, and the push for a greater use of court-appointed experts reveal judges' desire to segregate "objective" scientific facts from aspects of the legal process that are infused with adversaries' values. Yet the scientific and judicial construction of validity mixes empirical results and research methods with the personal, political, and institutional values of judges and scientists. (shrink)

The purpose of this paper is to provide a holistic examination of local food entrepreneurs (LFE) across the local food system (LFS) of a specific U.S. geographic region, including the drivers and barriers to their success. Over the past few decades, there has been a surge in entrepreneurs becoming involved in the LFS which includes the production (farming and manufacturing), distribution, and retail of local ag-related products and services. The LFS is complex and entrepreneurs operating within the system are often (...) met with steep barriers of entry and have trouble maintaining long-term success. Through recorded semi-structured interviews of LFEs (producers, processors, and purveyors) in the Missouri Ozark region, data was gathered and coded according to grounded theory methodologies. From the data collection, 24 emergent themes were identified using thematic clustering. These were further consolidated into eight categorical themes (strategy, skills development, financially sustainable model, differentiation drivers, operational drivers, external drivers, internal constraints, and external constraints) and three over-riding themes (approach, drivers, and barriers). This cross-sectional approach in examining entrepreneurs across the value chain in an LFS provides new insights into the unique entrepreneurial mindset of LFEs. (shrink)

This case describes a recent iteration of the Ponzi scheme originated in 1920 by Charles Ponzi: creating a plausible investment, attracting investors, using the money from more recent investors to pay off earlier investors, and earning a substantial profit, estimated to be $15 million (worth $220 million today).1 While not as big as Bernie Madoff’s Ponzi scheme, as a result of which he was sentenced to 150 years in prison and ordered to pay restitution of $170 billion to his victims,2 (...) the Federal district court in Miami was asked to order Par Funding’s cofounders, Joseph W. LaForte and his wife, Lisa McElhone, to pay $337 million to Par Funding investors and to declare they engaged in a Ponzi scheme in defrauding those investors.3 Ultimately the Federal district court in Miami ordered Par cofounders to pay “$219 million in ‘ill-gotten gains,’ fines and interest so the funds can be used to help reimburse 1,200 investors who were duped into buying the risky, unregistered securities used to finance the high-fee loan company.”4 How LaForte and McElhone executed their scheme is an intriguing story which provides helpful insight into ethical and U.S. securities law principles. (shrink)

The Israeli invasion of Lebanon in 1982 seems to have broken, for the first time, the immunity from sustained criticism previously enjoyed by Israel and its American supporters. For a variety of reasons, Israel’s status in European and American public life and discourse has always been special, just as the position of Jews in the West has always been special, sometimes for its tragedy and horrendous suffering, at other times for its uniquely impressive intellectual and aesthetic triumphs. On behalf of (...) Israel, anomalous norms, exceptional arguments, eccentric claims were made, all of them forcibly conveying the notion that Israel does not entirely belong to the world of normal politics. Nevertheless, Israel—and with it, Zionism—had gained this unusual status politically, not miraculously: it merged with a variety of currents in the West whose power and attractiveness for supporters of Israel effaced anything as concrete as, for example, an Israeli policy of rigid separation between Jew and non-Jew, or a military rule over hundreds of thousands of Arabs that was as repressive as any tyranny in Latin America or Eastern Europe. There are any number of credible accounts of this, from daily fare in the Israeli press to studies by Amnesty International, to reports by various U.N. bodies, Western journalists, church groups, and, not least, dissenting supporters of Israel. In other words, even though Israel was a Jewish state established by force on territory already inhabited by a native population largely of Muslim Arabs, in a part of the world overwhelmingly Muslim and Arab, it appeared to most of Israel’s supporters in the West that the Palestinian Arabs who paid a large part of the price for Israel’s establishment were neither relevant nor necessarily even real. What changed in 1982 was that the distance between Arab and Jew was for the first time perceived more or less universally as not so great and, indeed, that any consideration of Israel, and any perception of Israel at all, would have to include some consideration of the Palestinian Arabs, their travail, their claims, their humanity.Changes of this sort seem to occur dramatically, although it is more accurate to comprehend them as complex, cumulative, often contradictory processes occurring over a long period of time. Above all else, however, no such process can be viewed neutrally, since for better or for worse there are many interests at work in it and, therefore, many interests also at work whenever it is interpreted or reported. Moreover, while it is worthwhile and even possible to reduce and curtail the gross pressure of those interests for the purpose of analysis or reflection, it is useless to deny that any such analysis is inevitably grounded in, or inevitably affiliated to, a particular historical moment and a specific political situation. Edward Said, Parr Professor of English and Comparative Literature at Columbia University, is the author of, among other works, The Question of Palestine , The World, the Text, and the Critic , and After the Last Sky . He will give the 1985 T. S. Eliot Lectures, on Culture and Imperialism, at the University of Kent later this year. His previous contributions to Critical Inquiry include “Opponents, Audiences, Constituencies, and Community” and “On Professionalism: Response to Stanley Fish”. (shrink)

Both advocates and opponents of lesbian, gay, and bisexual rights make reference to whether and how sexual orientations are embodied, namely whether one's sexual orientation is innate, unchangeable, or a "natural fact". In particular, in the United States, discussion centers on whether LGB people are "born that way" or "choose" to be gay. In litigation about LGB rights, this discussion connects to the so-called immutability factor in the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution and in (...) similar clauses in state constitutions. My presentation surveys the surrounding conceptual and the legal issues and focuses on how they play out in the context of recent court cases related to marriage for same-sex couples. I argue that in legal as well as political and social contexts, it is a better strategy to focus on justice, equality and fairness and to avoid biological, psychological, and other scientific issues about how sexual orientations are embodied. (shrink)

Most U.S. jurisdictions deem testimony regarding what one spouse tells the other in private inadmissible in most circumstances and most do not allow a person to be compelled to testify against his or her spouse. Although confidential communications and what a spouse knows about the other are both relevant and quite probative, triers of fact do not get to consider them. The scope, character, and very existence of these exceptions to the general principle of admitting everything into evidence have been (...) questioned by legal commentators for centuries, but they remain in force in most U.S. jurisdictions. This paper reviews the justifications for the spousal evidentiary privileges and argues for recasting the spousal evidentiary privileges in functional terms. (shrink)

Both advocates and opponents of lesbian, gay, and bisexual rights make reference to whether and how sexual orientations are embodied, namely whether one's sexual orientation is innate, unchangeable, or a "natural fact". In particular, in the United States, discussion centers on whether LGB people are "born that way" or "choose" to be gay. In litigation about LGB rights, this discussion connects to the so-called immutability factor in the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution and in (...) similar clauses in state constitutions. My presentation surveys the surrounding conceptual and the legal issues and focuses on how they play out in the context of recent court cases related to marriage for same-sex couples. I argue that in legal as well as political and social contexts, it is a better strategy to focus on justice, equality and fairness and to avoid biological, psychological, and other scientific issues about how sexual orientations are embodied. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:KARL ASCHENBRENNER, 19x 1-1988 Karl Aschenbrenner was born in Bison, Kansas, on November 20, 1911. He received the A. B. degree from Reed College in 1934 and his graduate degrees at Berkeley (M. A., 1938; Ph.D., 194o). After two years as an instructor at Reed College, he served in the U.S. Naval Reserve (Lieutenant in Meteorology ) from 1943 to 1946. From 1946 to 1948, he taught in the (...) Department of Speech at Berkeley and thereafter in the Department of Philosophy until his retirement in 1978. His teaching was devoted mainly to aesthetics and to the history of philosophy, most notably his course on Kant. For many years he was active as a trustee of the American Society for Aesthetics, and from 1961 as a member of the Journal's founding executive committee and, after incorporation, of the Board of Directors. Karl's first two years of attachment to theJournal coincided with service as chairman of the Department of Philosophy. This conjunction enabled him to be extraordinarily helpful in dealing with problems of bringing the Journal to birth--problems of funding, editorial appointments, publication policies, and business arrangements with the University of California Press. He welcomed the opportunity offered the Philosophy Department of collaborating in the publishing venture recommended by a special committee of the American Philosophical Association in 1958. The recognition early won by the Journal for its articles and reviews answered to his hope and work for success. At the annual meeting of the Board of Directors in San Francisco in 1987, the twenty-fifth birthday of the Journal was celebrated as was his twenty-seven years of diligent care for theJournafs excellence. Karl was a regular contributor to the philosophy series published by the University of California prior to three books issued by D. Reidel: The Concepts ofValue(1971), The ConceptsofCriticism(1974) and AnalysisofAppraisiveCharacterization (1983). He received Guggenheim, Fulbright, and NEH fellowships. Despite a physically disabling stroke in 1979, he continued his trips to Budapest which he began in 1972. He was concerned to study a non-IndoEuropean language spoken by people of European culture and had selected the Magyar tongue spoken in Hungary. He learned the language to test theories he advanced about appraisive concepts. He discovered in the structure of Magyar a mode of valuing embodied in verb usage differing significantly [333] 334 from the special appraisive vocabularies of English and German. Besides his lectures in Hungary, he responded to invitations to lecture received from universities in England, Austria, Poland, Bulgaria, and Romania. Shortly after his return to Budapest on his eleventh trip, he died of a massive stroke on July 4, 1988. He is buried there in a city he loved, especially for its music. He is survived by Marie, his wife of fifty-one years, and three children: Lisabeth, an attorney in Los Angeles; Peter, a judge in Fairbanks; and John, a composer in New York. E. W. STRONG... (shrink)

Government can control conflicts of interest in business firms by either issuing obligatory commands to behave in a specified way or by creating incentives to alter private behavior. In order to choose between these two approaches, we also need to know something about the nature of the subject firms and the way that they are likely to respond to particular stimuli. Legislators and legal scholars often rely on intuition to predict the behavior of firms, but this will not suffice for (...) such a complex situation. Fortunately, there is a well-developed body of scholarship that addresses organizational behavior; unfortunately, like many bodies of scholarship, it contains rival and conflicting approaches. This article discusses four of these approaches to organizational behavior: the nexus of contracts theory, an application of rational choice theory to corporations; decision theory; general systems theory and its recent autopoetic variants; and new institutionalism. It then uses each of these approaches to predict the way that firms will respond to obligatory commands and behavior incentives. The specific cases it discusses are the U.S. Sentencing Commission’s Organizational Sentencing Guidelines, the Sarbanes-Oxley Act, and contemporary compliance theory’s idea of reasonable, responsive, or cooperative enforcement. (shrink)

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

Galligan (Professor Emeritus, English, Western Michigan U.-Kalamazoo) argues that contemporary American critics should embrace literary truths with all of their uncertainties rather than cling to make- believe certainties of ideologies. He celebrates values commonly associated with modern, not postmodern, criticism, applying them to contemporary works in a series of fresh and unusual inquiries. He finds implications for criticism in work from the physical sciences and in the works of largely ignored novelists. Annotation copyrighted by Book News, Inc., Portland, OR.

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the (...) principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

Plato, in his dialog Charmides, presents the question of how society can determine whether a person who claims superior expertise in a particular field of knowledge does, in fact, possess superior expertise. In the modern era, society tends to answer this question by funding institutions (universities) that award credentials to certain individuals, asserting that those individuals possess a particular expertise; and then other institutions (the journalistic media and government) are expected to defer to the credentials. When, however, the sequential reasoning (...) and theorizing and conclusion-stating of generation after generation of credential-bearing experts (i.e., scientists) leads to the assertion of the truth of statements that large segments of society find to be in conflict with the statements of persons who have earned credentials of expertise bestowed by an alternative institutional structure (i.e., religious teachers), representatives of the people are put to a choice. And when the conflicting statements present substantial implications for the moral and sexual behavior of people in the society, addressing the conflict brings into play not only the highest intellectual speculations and analyses, but also the most animal emotions and motivations. This paper, taking the form of a dialog, presents a scientist (Avram Codosia) named after an ancient Jewish patriarch and makes him a supplicant to a U.S. Senator (Helen Astartian) named after a pagan goddess. The stakes turn out to be not merely financial and intellectual, but personal and moral, involving the scientist's son (Isaac), an art student, and the senator's niece (Halia), a philosophy student. In a four-phase encounter, the paper hopes to offer some innovative observations on age-old issues and to stimulate productive new thinking on questions that too often seem to be debated by means of repetitions of the same old points. (shrink)

Unless the public comes to agree that the benefits of food biotechnology are desirable and the associated risks are acceptable, our society may fail to realize much of the potential benefits. Three historical cases of major technological innovations whose benefits and risks were the subject of heated public controversy are examined, in search of lessons that may suggest a path toward consensus in the biotechnology debate. In each of the cases—water fluoridation, nuclear power and pesticides—proponents of the technology gathered scientific (...) evidence that they believed established that the innovations were safe. In each case, the federal government was heavily involved in oversight, safety regulation, and in the first two cases, active promotion of the technology. Supporters of the technologies employed a variety of communications strategies, ranging from massive “educational” campaigns (e.g. “Our Friend The Atom”) to vituperative ad hominem attacks on leading opponents. None of these strategies succeeded in achieving broad societal acceptance of the technologies. Fluoridation today is opposed as vigorously by activist groups as it was when first introduced around 1950; it has not been universally adopted even in the U.S., and it has been rejected in most other countries. The American nuclear power industry is moribund, and the public has essentially rejected the technology. The pesticide industry is thriving, with new generations of products succeeding older more hazardous chemicals in a constant cycle. However, strong regulation has failed to prevent adverse health and ecological effects, which have been empirically associated with pesticide uses after the chemicals were dispersed in the environment. Debate over whether risks of such effects are acceptable has been heated for four decades, with scientists and the public divided. None of these cases offers an ideal model for the biotechnology revolution, though they do reveal many strategies that have not worked. The biotechnology debate is also taking place at a time when our concepts of risk communication have improved, and when many consumers are more actively concerned with buying products perceived to be less likely to harm the environment. Based on the three case histories and more recent trends, some characteristics of a process for seeking a societal consensus are described. They include explicitly defining the subjects for consensus; including all stakeholders in a respectful dialogue; confronting value issues, such as acceptability of risks and ethical perceptions; listening to others’ perspectives, and being willing to change one’s own point of view. If activists on all sides of the food biotechnology debate are willing to commit to such a consensus-building process, there is hope that the U.S. national debate can be resolved in a manner satisfactory to essentially all parties. (shrink)