Perhaps the most fundamental principle of legal interpretation is the presumption that terms should be given their “ordinary” (i.e., general, non-technical) meanings. This principle is a central tenet of modern textualism. Textualists believe a universal presumption of ordinary meaning follows from their theory’s core commitment: A law should be interpreted consistently with what its text communicates to the ordinary public. This Article begins from this textualist premise, empirically examining what legal texts communicate to the public. Five original empirical studies (N (...) = 4,365) reveal a surprising finding: Ordinary people consider genre carefully and regularly take terms in law to communicate technical legal meanings, not ordinary ones. -/- This discovery carries implications for legal interpretation’s theory and practice. Modern textualists—especially at the Supreme Court—justify their theory through “democratic,” fair notice, and rule-of-law appeals to ordinary people. But the empirical studies reveal that fidelity to ordinary people does not imply an unwavering commitment to ordinary meaning. Instead, it requires interpreters to also look to technical meanings. On a practical level, the results support a new presumption of legal meaning and ground a new challenge to textualism’s claim to promote fair notice. As a case study, we consider Bostock v. Clayton County, Georgia, which held that both sexual orientation and gender identity discrimination are prohibited forms of sex discrimination. The Article’s empirics and theory offer a new justification of the Court’s landmark decision. (shrink)

How should judges decide which linguistic canons to apply in interpreting statutes? One important answer looks to the inside of the legislative process: Follow the rules that lawmakers contemplate. A different answer, based on the “ordinary meaning” doctrine, looks to the outside: Follow the rules that would guide an ordinary person’s understanding of the legal text. Empirical scholars have studied statutory interpretation from the inside—revealing what rules drafters follow—but never from the outside. We offer a novel framework for empirically testing (...) interpretive canons “from the outside,” recruiting 4,500 people from the United States, as well as a sample of U.S. law students, to evaluate hypothetical scenarios that correspond to each canon’s triggering conditions. -/- The empirical findings provide crucial evidence about which traditional canons “ordinary meaning” actually supports, and they carry several further implications. First, interpretive canons are not a closed set. We discovered new canons that are not yet reflected as legal canons, including one we term the “non-binary gender canon” and another the “quantifier domain restriction canon.” Second, the results support a new understanding of the ordinary meaning doctrine itself, as one focused on the ordinary interpretation of rules, as opposed to the traditional focus on “ordinary language” generally. Third, many of the canons reflect that ordinary people interpret rules with an intuitive anti-literalism. This anti-literalism finding challenges textualist assumptions about ordinary meaning, as well as offering a theme for researching other currently unrecognized canons. Most broadly, we hope the Essay initiates a new research program in empirical legal interpretation. If ordinary meaning is relevant to legal interpretation, interpreters should look to evidence of how ordinary people actually understand legal rules. We see our experiments as a first step in that new direction. (shrink)

Textualism is now the Court’s lingua franca. In response, some have proposed a “progressive textualism,” defined by the use of traditional textualist methods to reach politically progressive results. This Article explores a different kind of “progressive textualism.” Rather than starting with the desired policy outcome—politically progressive or conservative—we begin from one of modern textualism’s central values: A commitment to “democratic” interpretation. As Justice Barrett argues, this commitment views textualists as “agents of the people” who “approach language from the perspective of (...) an ordinary English speaker.” Textualists thereby claim to promote democracy by interpreting law consistently with what it communicates to the ordinary public. However, recent empirical studies reveal discrepancies between textualist interpretive commitments and how ordinary people understand legal texts. These discrepancies undermine claims that textualists’ methodology is committed to democratic interpretation. -/- A textualism centered on democratic interpretation would be methodologically more progressive if it centered facts rather than fictions about how ordinary people interpret language. It would recognize that people understand legal language in light of linguistic “(co)text” and “(con)text,” and sometimes nonliterally; they often understand ambiguous terms in law to have legal, not ordinary, meanings; and their understanding of law is informed by its apparent purpose and sometimes by interpretive rules that are conventionally justified on normative grounds. In contrast, current textualism is often methodologically regressive, crafting a fictional “ordinary person” more closely connected to ideological policy goals than facts about ordinary language comprehension. (shrink)

Our primary focus is on analysis of the concept of voluntariness, with a secondary focus on the implications of our analysis for the concept and the requirements of voluntary informed consent. We propose that two necessary and jointly sufficient conditions must be satisfied for an action to be voluntary: intentionality, and substantial freedom from controlling influences. We reject authenticity as a necessary condition of voluntary action, and we note that constraining situations may or may not undermine voluntariness, depending on the (...) circumstances and the psychological capacities of agents. We compare and evaluate several accounts of voluntariness and argue that our view, unlike other treatments in bioethics, is not a value-laden theory. We also discuss the empirical assessment of individuals? perceptions of the degrees of noncontrol and self-control. We propose use of a particular Decision Making Control Instrument. Empirical research using this instrument can provide data that will help establish appropriate policies and procedures for obtaining voluntary consent to research. (shrink)

When Russia’s “Westernizers,” Nikolai Stankevič, Vissarion Belinskij, and Mikhail Bakunin first encountered Hegel’s ideas in the 1830s, they gravitated toward a conservative interpretation, centering on the proposition that the “rational is real.” This article studies the preconditions for that interpretation, demonstrating that it was grounded in the writings of the late Hegel and of the circle of adepts who popularized his ideas and writings immediately after his death. These adepts later came to be known as Center and Right Hegelians. They (...) influenced the early reception of Hegel in France as well as in Russia. Stankevič, the first of the Westernizers to subject Hegel to systematic study, learned about Hegel through these mediators. (shrink)

Focusing on the new theories of human motivation that emerged during the transition from feudalism to the modern period, this is the first book of new essays on the relationship between politics and the passions from Machiavelli to Bentham. Contributors address the crisis of moral and philosophical discourse in the early modern period; the necessity of inventing a new way of describing the relation between reflection and action, and private and public selves; the disciplinary regulation of the body; and the (...) ideological constitution of identity. The collection as a whole asks whether a discourse of the passions might provide a critical perspective on the politics of subjectivity. Whatever their specific approach to the question of ideology, all the essays reconsider the legacy of the passions in modern political theory and the importance of the history of politics and the passions for modern political debates. Contributors, in addition to the editors, are Nancy Armstrong, Judith Butler, Riccardo Caporali, Howard Caygill, Patrick Coleman, Frances Ferguson, John Guillory, Timothy Hampton, John P. McCormick, and Leonard Tennenhouse. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The 2005 Meeting of the Society for Buddhist-Christian StudiesFrances S. Adeney, SecretaryThe annual meeting of the Society for Buddhist-Christian Studies was held in Philadelphia on November 18, 2005. The theme of the program was visual and aural expressions in Christianity and Buddhism and their relationship to religious practice.The focus of the first session was visual images of sacred art. Victoria Scarlett presented the paper "The Iconography of Compassion: (...) Visualizing Guanyin and the Virgin Mary." She noted that meditation exercises that explore visual imagery can mediate the experience of the holy in both Buddhism and Christianity. By comparing and contrasting the images of Guanyin and the Virgin Mary through both commentary and slides, she pointed toward the qualities of compassion, healing, empathy, generosity, and selfless love presented in both Buddhism and Christianity. Scarlett stressed the role of visualization in generating compassion and taking responsibility for cultivating and living the devotional life. Engaging the religious imagination in those visual ways, she said, can help us generate compassion in our world today.Alice Keefe presented the second paper, "The Visual Dimension of Religion in Comparative Perspective." She challenged the assumption that visual experience is a derived or secondary aspect of religious life. As Tibetan Buddhism clearly shows, through its depiction of Buddhas, lamas, bodisattvas, and deities, the divine is form as well as formless. In Christian Orthodox traditions, the icon is viewed as material and glory, the transcendent visible to the human eye. Visual images in both Buddhist and Christian traditions indicate the possibility of transformation as one imagines one's own body as a body of light.Keefe challenged us to bring the centrality of the visual in Buddhism and some portions of Christianity into our academic discussion. Western thinkers present the body in opposition to the spiritual, sometimes understanding images as idolatrous. We assume that the generative locus of meaning is in the subjective consciousness and seek out ideas, ignoring the body. However, communicating an idea is not the [End Page 181] object of visual attention to an icon—rather, it involves the constitution of a self in relation to others. Through practices that activate the visual dimension of religions, we come to know ourselves as part of a pantheon of beings.Rita Gross responded to both papers, focusing on the biases of Western religion in the study of Buddhism. The prohibition of idolatry in Western religion has been identified with the sense of sight, rather than hearing or the use of words. Furthermore, idolatry is always a category defined by outsiders, Gross asserted. People who use the sense of sight to reach beyond themselves to the sacred know what they are doing. The papers and visual images presented gave the attendees insight into how that might happen in Buddhism and Christianity.Michael Monhart and Jisho Shizuka opened the second session with their presentation of "Chanting as Practice: Japanese Shingon Buddhist Sutra Chant." After a brief history of the Shingon sect, the presenters focused on a central aspect of Shingon chanting practice: a realization of one's inherent Buddha-nature in this life. Through activating the mysteries of the ritual activities of the body, voice, and mind, chanting develops the specific connection between Buddha-nature and human nature. An explanation of the chanting itself—its modes, patterns, and energies—led to the conclusion that sound and word become reality through their use by the practitioner of ritual, a conclusion that was demonstrated by the chanting of three sutras.Bill McJohn and Joseph Anderson next presented their work, "The Aural Dimension of Religion: Chanting Psalms in Gregorian Chant." McJohn focused on the history of chanting the Psalter, beginning in the monasteries of the fourth century. Singing the Psalms was motivated by a desire to pray constantly, and as the monastic communities developed, a practice of working through the 150 psalms developed. A shorter version, which eventually became the rosary, also developed. Anderson noted that the recitation of the Psalms is the analog to Buddhist chanting of the sutras. One is actually speaking as the Christ in recitation of the Psalms. Both also find a balance between time and timelessness as they are re-created in different ways... (shrink)

El artículo empieza con un recorrido por las ideas republicanas del 1848 francés en torno a la fraternidad como idea fundamental para combatir el individualismo e instaurar un nuevo orden social. No obstante, el ideal de fraternidad es rápidamente ignorado por el pensamiento político contemporáneo, contrariamente a o que ocurre con los dos otros dos términos de la divisa revolucionaria: la libertad y la igualdad. La autora se plantea si conviene recuperar el concepto de fraternidad y en qué sentido. ¿Es (...) una virtud en el sentido aristotélico? Pese a que hay filósofos contrarios a esa idea, se defiende la tesis de que es difícil que sin fraternidad pueda hacerse justicia y que, en consecuencia, la fraternidad no puede ser vista sino como una virtud o una obligación moral imprescindible como base de la cooperación social. (shrink)

'Catholic identity' is a phrase with which we have become quite familiar in the last few years, not least with the development of the Enhancing Catholic School Identity collaborative research project between the Catholic Education Commission of Victoria Ltd and the Katholieke Universiteit Leuven. Several tertiary institutions including Australian Catholic University and the University of Divinity offer a range of units and seminars that focus on enhancing Catholic institutional identity.

Exceptionnel, l'itinéraire politique de Marcelle Devaud, l'est assurément. Sénatrice dès 1946 puis députée (de 1958 à 1962), maire de Colombes (1959-1965), membre de Conseil Economique et Social (1962-1979), représentante de la France à la commission de la femme aux Nations-Unies (1975-1983), elle cumule tous ces mandats avec de nombreuses responsabilités dans les associations féminines, dont plusieurs fondées par elle-même. Quand on sait qu'elle est par ailleurs mère de 6 enfants, on ..

Exceptionnel, l'itinéraire politique de Marcelle Devaud, l'est assurément. Sénatrice dès 1946 puis députée (de 1958 à 1962), maire de Colombes (1959-1965), membre de Conseil Economique et Social (1962-1979), représentante de la France à la commission de la femme aux Nations-Unies (1975-1983), elle cumule tous ces mandats avec de nombreuses responsabilités dans les associations féminines, dont plusieurs fondées par elle-même. Quand on sait qu'elle est par ailleurs mère de 6 enfants, on...

Is it possible to disagree with someone without considering them cognitively flawed? The answer seems to be a resounding yes: disagreeing with someone doesn't entail thinking less of them. You can disagree with someone and not think that they are unreasonable. Deep disagreements, however, may challenge this assumption. A disagreement is deep when it involves many interrelated issues, including the proper way to resolve the disagreement, resulting in its persistence. The parties to a deep disagreement can hold neutral or even (...) positive judgements of each other's epistemic character, as parties’ judging each other's epistemic character negatively (i.e., epistemic disdain) is not a defining feature of deep disagreements. When analysing real-life cases, however, we find that epistemic disdain is typical of deep disagreements. In this article, I analyse why this is the case. Given that epistemic disdain undermines cognitive peerhood, the prospects of deep disagreements between epistemic peers seem bleak. Finally, it is discussed how the phenomenon of epistemic disdain, as it relates to deep disagreements, may increase affective polarisation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 37.3 (2003) 58-77 [Access article in PDF] The Ethics of Care and the Private Woodwind Lesson Nancy Nourse Jeremy's family was getting ready for the concert. It wasn't that he was tired of watching his father conduct. He loved his father and he loved the concerts. But people were always asking Jeremy the same question and that question didn't seem to have an (...) answer....They weren't even inside the concert hall before the doorman smiled at Jeremy and asked, "Well, young man, do you think you'll be a conductor like your father?" 1Children like Jeremy, situated in the world of established music-making, are routinely subjected to stereotypical expectations, often not seen for who they are themselves, but for the qualities of their situatedness. Jeremy, as a result, found himself continually bombarded with this question which spokein fortissimo tones that the inquirer was impressed by the stature of his maestro father, but really did not seem to care to see the young boy as a person in his own right. The dreaded question, that he so frequently faced, festered in him, shouting of his own lack of personhood in its flagrant assumptions. But what voice did he have? After the concert: a lady in a long gown and a huge strand of pearls came in next [backstage]...."So this is your little son," she cried. Jeremy blushed as she kissed the top of his head and squeezed his face so that he looked like a fish. "Tell me, young man, are you going to be a conductor like your father?" 2Of course stories such as Jeremy's in which individuals suffer because others have not been truly caring, are not unique to the world of music. Such thoughtless pleasantries are nothing more than symptoms of the widespread absence of knowing and care experienced in day-to-day living. While Patricia Benner and Suzanne Gordon suggest that there are few people who would wish to be perceived as uncaring persons, there are often spoken platitudes about care, especially about large institutions, that seemshallow and meaningless. 3 Take, for example, a hospital whose slogan claims [End Page 58] it is caring, but is only really interested in research or profit, or the doctor who quadruple books patients for appointments all the while insisting that he really does care about his patients. The obstacles to true understanding about care include the view that care is merely a sentiment that need be expressed, but not the thoughtful planning out of means to create ample opportunities to enact deeds of caring. 4 In day-to-day situations of modern living with big corporations, governments, and institutions, there may be individuals who claim to care, but there are no features in these organizations' blueprints that ensure and take responsibility for providing care. Care must extend beyond sentiment into action.In the name of superior curriculum and specialist teachers and programs,tiny rural schools were abandoned and students were moved into bigger and bigger schools. As schools and educational institutions have greatly increased in size over the past century, teachers have found it more and more difficult to connect to the larger and larger number of students found on their class rosters. Beyond their class lists how can teachers really be responsible for the sea of faces for whom they cannot even supply names? In The Students are Watching, Theodore and Nancy Sizer ask: Do [current] conditions in the school allow each student to be known well?...Anonymity is the curse of good teaching and inevitably contributes to corner-cutting. If no one knows the students in a high school, it is easy for them to drift through. 5Benner and Gordon cite the shop program in a vocational school as an ideal setting in which teachers have the opportunity to develop caring relationships with their students since the settings are informal, class time is significantly extended, and the teachers work with the same students over several years. 6 Special education teachers as well usually... (shrink)

Eastern Philosophy: The Basics is an essential introduction to major Indian and Chinese philosophies, both past and present. Exploring familiar metaphysical and ethical questions from the perspectives of different Eastern philosophies, including Confucianism, Daoism, and strands of Buddhism and Hinduism, this book covers key figures, issues, methods and concepts. Questions discussed include: What is the ‘self’? Is human nature inherently good or bad? How is the mind related to the world? How can you live an authentic life? What is the (...) fundamental nature of reality? Throughout the book the relationships between Eastern Philosophy, Western Philosophy and the questions reflective people ask within the contemporary world are brought to the fore. With timelines highlighting key figures and their contributions, a list of useful websites and further reading suggestions for each topic, this engaging overview of fundamental ideas in Eastern Philosophy is valuable reading for all students of philosophy and religion, especially those seeking to understand Eastern perspectives. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 37.3 (2003) 58-77 [Access article in PDF] The Ethics of Care and the Private Woodwind Lesson Nancy Nourse Jeremy's family was getting ready for the concert. It wasn't that he was tired of watching his father conduct. He loved his father and he loved the concerts. But people were always asking Jeremy the same question and that question didn't seem to have an (...) answer....They weren't even inside the concert hall before the doorman smiled at Jeremy and asked, "Well, young man, do you think you'll be a conductor like your father?" 1Children like Jeremy, situated in the world of established music-making, are routinely subjected to stereotypical expectations, often not seen for who they are themselves, but for the qualities of their situatedness. Jeremy, as a result, found himself continually bombarded with this question which spokein fortissimo tones that the inquirer was impressed by the stature of his maestro father, but really did not seem to care to see the young boy as a person in his own right. The dreaded question, that he so frequently faced, festered in him, shouting of his own lack of personhood in its flagrant assumptions. But what voice did he have? After the concert: a lady in a long gown and a huge strand of pearls came in next [backstage]...."So this is your little son," she cried. Jeremy blushed as she kissed the top of his head and squeezed his face so that he looked like a fish. "Tell me, young man, are you going to be a conductor like your father?" 2Of course stories such as Jeremy's in which individuals suffer because others have not been truly caring, are not unique to the world of music. Such thoughtless pleasantries are nothing more than symptoms of the widespread absence of knowing and care experienced in day-to-day living. While Patricia Benner and Suzanne Gordon suggest that there are few people who would wish to be perceived as uncaring persons, there are often spoken platitudes about care, especially about large institutions, that seemshallow and meaningless. 3 Take, for example, a hospital whose slogan claims [End Page 58] it is caring, but is only really interested in research or profit, or the doctor who quadruple books patients for appointments all the while insisting that he really does care about his patients. The obstacles to true understanding about care include the view that care is merely a sentiment that need be expressed, but not the thoughtful planning out of means to create ample opportunities to enact deeds of caring. 4 In day-to-day situations of modern living with big corporations, governments, and institutions, there may be individuals who claim to care, but there are no features in these organizations' blueprints that ensure and take responsibility for providing care. Care must extend beyond sentiment into action.In the name of superior curriculum and specialist teachers and programs,tiny rural schools were abandoned and students were moved into bigger and bigger schools. As schools and educational institutions have greatly increased in size over the past century, teachers have found it more and more difficult to connect to the larger and larger number of students found on their class rosters. Beyond their class lists how can teachers really be responsible for the sea of faces for whom they cannot even supply names? In The Students are Watching, Theodore and Nancy Sizer ask: Do [current] conditions in the school allow each student to be known well?...Anonymity is the curse of good teaching and inevitably contributes to corner-cutting. If no one knows the students in a high school, it is easy for them to drift through. 5Benner and Gordon cite the shop program in a vocational school as an ideal setting in which teachers have the opportunity to develop caring relationships with their students since the settings are informal, class time is significantly extended, and the teachers work with the same students over several years. 6 Special education teachers as well usually... (shrink)

Over three decades, Gillian Howie wrote at the forefront of philosophy and critical theory, before her untimely death in 2013. This interdisciplinary collection uses her writings to explore the productive, yet often resistant, interrelationship between feminism and critical theory, examining the potential of Howie's particular form of materialism. The contributors also bring to this debate a serious engagement with Howie's late turn towards philosophies of mortality, therapy and 'living with dying'. The volume considers how differently embodied subjects are positioned within (...) public institutions, discourses and spaces, and the role of philosophy, art, film, photography, and literature, in facing situations such as sexual oppression and life-limiting illness. (shrink)

Coinciding with the rising development of emerging markets, sustainable consumption practices in these markets are increasingly under scrutiny. In this context, we compare empirical results from consumers in four countries (three emerging markets and one developed market) in an experimental study to uncover patterns of preferences for sustainable luxury products (i.e., products that combine sustainability and luxury characteristics). Our findings illustrate that consumers’ quality, emotional, price, and social value perceptions, as well as purchase and electronic word-of-mouth intentions, are consistently higher (...) in all three emerging markets compared to the developed market. We find that sustainability (vs. conventional) product features increase consumers’ product value perceptions and behavioral intentions, although this effect is partially stronger for the developed compared to the emerging market(s). We further show a positive sustainability effect for luxury products, this effect is stronger for mass-market products. Combining sustainability and luxury signals leads to similar effects in emerging and developed markets. Thus, emerging markets have promise in terms of scope for incorporating sustainability characteristics into luxury products. Sustainable luxury consumption can therefore be understood as a manifestation of global consumer culture. (shrink)

The medicalisation of pregnancy and childbirth has been encouraged by the continuing growth of technology that can be applied to the reproductive journey. Technology now has the potential to fully separate reproduction from the human body with the prospect of ectogenesis—the gestation of a fetus outside of the human body. This paper considers the issues that have been caused by the general medicalisation of pregnancy and childbirth and the impact that ectogenesis may have on these existing issues. The medicalisation of (...) pregnancy and childbirth is criticised for its impact on the relationship between doctors and pregnant women and the way in which doctors treat fetuses. It is argued that ectogenesis may cause more imbalance in the doctor and intended parent relationship and may result in an increased lack of clarity regarding a doctor’s duty to the fetus. This paper finds that extensive guidance and revised legislation will be necessary to minimise the impact of ectogenesis on the existing issues caused by the medicalisation of reproduction. (shrink)

This paper argues for the value of the ‘strange’ as a hermeneutical tool to open fresh perspectives on an issue of widespread human concern, specifically how to deal with and relate to the dead. Traditional Chinese folk religion and the animistic ghost culture found within it is introduced and the role of gods, ancestors, and ghosts explained. The view that death is not the end of life but the transition to a new relationship with the living raises questions about our (...) potential obligations to the dead. It also has implications for our thinking about intergenerational justice and the role of our memory of the past in shaping our present and future experience. (shrink)

Placing Bruno—both advanced philosopher and magician burned at the stake—in the Hermetic tradition, Yates's acclaimed study gives an overview not only of Renaissance humanism but of its interplay—and conflict—with magic and occult practices. "Among those who have explored the intellectual world of the sixteenth century no one in England can rival Miss Yates. Wherever she looks, she illuminates. Now she has looked on Bruno. This brilliant book takes time to digest, but it is an intellectual adventure to read it. Historians (...) of ideas, of religion, and of science will study it. Some of them, after reading it, will have to think again.... For Miss Yates has put Bruno, for the first time, in his tradition, and has shown what that tradition was."—Hugh Trevor-Roper, _New Statesman_ "A decisive contribution to the understanding of Giordano Bruno, this book will probably remove a great number of misrepresentations that still plague the tormented figure of the Nolan prophet."—Giorgio de Santillana, _American Historical Review_ "Yates's book is an important addition to our knowledge of Giordano Bruno. But it is even more important, I think, as a step toward understanding the unity of the sixteenth century."—J. Bronowski, _New York Review of Books_. (shrink)

Victoria Camps analiza en estas páginas la fragilidad de una ética que nace y se desarrolla con el triunfo del pensamiento liberal. La defensa de las libertades individuales, de donde emanan los derechos humanos, potencia los intereses privados frente al interés público. Desde esta perspectiva, una ética liberal es tolerante y laica, carece de dogmas, se nutre de principios abstractos, aceptados en teoría, pero con escasa incidencia en la práctica, como lo muestran la impotencia frente a la corrupción y (...) las dificultades para educar cívicamente y construir una moralidad pública. Como es habitual en otras publicaciones de la autora, su interés parte de las teorías filosóficas que han estructurado el pensamiento moral contemporáneo pero no se limita a elaborar un discurso circunscrito al debate académico. Le importa mostrar la relevancia de la filosofía para abordar las debilidades ético-políticas de nuestro tiempo. (shrink)

We call systematic disputes that are particularly hard to resolve deep disagreements. We can divide most theories of deep disagreements in analytic epistemology into two camps: the Wittgensteinian view and the fundamental epistemic principles view. This essay analyzes how both views deal with two of the most pressing issues a theory of deep disagreement must address: their source and their resolution. After concluding that the paradigmatic theory of each camp struggles on both fronts, the essay proceeds to show that, despite (...) their differences, these theories share some core assumptions and think of deep disagreements similarly: as grounded in fundamental epistemic differences between the parties. This underlying conception of deep disagreements the author calls “the fundamental model.” The essay provides reasons to be wary of this conception, and hence, mainstream epistemologists’ treatment of the issue. (shrink)

Susan Faludi's Backlash, first published in 1991, offers a compelling account of feminism being forced to repeat itself in an era hostile to its transformative potentials and ambitions. Twenty years on, this paper offers a philosophical reading of Faludi's text, unpacking the model of social and historical change that underlies the “backlash” thesis. It focuses specifically on the tension between Faludi's ideal model of social change as a movement of linear, step-by-step, continuous progress, and her depiction of feminist history in (...) terms of endless repetition. If we uphold a linear, teleological ideal of social change, I argue, repetition can only be thought of in negative terms—as a step backwards or a waste of time—which in turn has a negative and demoralizing impact within feminism itself. To explore an alternative model of historical time and change, I turn to the work of feminist philosopher Christine Battersby, who rethinks repetition through the Kierkegaardian mode of “recollecting forwards,” and the Nietzschean notion of “untimeliness.” I suggest that Battersby's philosophical reconceptualization of historical repetition, as a potentially creative, productive phenomenon, can be of great utility to feminists as we enact and negotiate the dynamics of backlash politics. (shrink)

The republican revival in political philosophy, political theory, and legal theory has produced an impressive range of novel interpretations of the historical figures of the republican tradition. It has also given rise to a variety of contemporary neo-republican theories that build on its historical themes. Although there have been some feminist discussions of its historical representatives, neo-republicanism has not generated a great deal of enthusiasm among feminists. The present paper examines Phillip Pettit's theory of freedom as nondomination in order to (...) assess its potential usefulness for those with feminist goals. It defends Pettit's account of interpersonal domination from certain feminist objections, but argues that his account of state domination needs to be amended if it is fully to protect the interests of women and other groups. (shrink)

With the advent of CRISPR gene-editing technology, designer babies have become a reality. Françoise Baylis insists that scientists alone cannot decide the terms of this new era in human evolution. Members of the public, with diverse interests and perspectives, must have a role in determining our future as a species.

The author discusses Claudia Card's life work in that it concerns character development under heteronormative patriarchy as pertaining to the American Girl Just Like You doll. American Girl advertises this doll as a doll that can help little girls feel strong, powerful, unique, and ready to take on the world. The word "feminist" is not used in any of the company's marketing, but the company is clearly trying to market the idea that the Just Like You line is empowering for (...) girls. The author argues that the Just Like You doll discourages learning the skills that are required for world traveling, and that it also implies that such skills are not important. In order to successfully engage in cross‐cultural world traveling, one must leave arrogant perception behind and begin to understand how the other sees himself or herself as a subject in that world. (shrink)

The UK’s National Institute for Health and Care Excellence is responsible for conducting health technology assessment on behalf of the National Health Service. In seeking to justify its recommendations to the NHS about which technologies to fund, NICE claims to adopt two complementary ethical frameworks, one procedural—accountability for reasonableness —and one substantive—an ‘ethics of opportunity costs’ that rests primarily on the notion of allocative efficiency. This study is the first to empirically examine normative changes to NICE’s approach and to analyse (...) whether these enhance or diminish the fairness of its decision-making, as judged against these frameworks. It finds that increasing formalisation of NICE’s approach and a weakening of the burden of proof laid on technologies undergoing HTA have together undermined its commitment to EOC. This implies a loss of allocative efficiency and a shift in the balance of how the interests of different NHS users are served, in favour of those who benefit directly from NICE’s recommendations. These changes also weaken NICE’s commitment to AfR by diminishing the publicity of its decision-making and by encouraging the adoption of rationales that cannot easily be shown to meet the relevance condition. This signals a need for either substantial reform of NICE’s approach, or more accurate communication of the ethical reasoning on which it is based. The study also highlights the need for further empirical work to explore the impact of these policy changes on NICE’s practice of HTA and to better understand how and why they have come about. (shrink)

In Building Better Beings, Vargas develops and defends a naturalistic account of responsibility, whereby responsible agents must possess a feasibly situated capacity to detect and respond to moral considerations. As a preliminary step, he also offers a substantive account of how we might justify our practices of holding responsible—viz., by appeal to their efficacy in fostering a ‘valuable form of agency’ across the community at large, a form of agency that precisely encompasses sensitivity to moral considerations. But how do these (...) accounts relate to one another? Though I find much that is appealing in Vargas’s general approach, I challenge his insistence that these accounts should be treated as ‘conceptually independent’, arguing that this generates an objectionable “justification gap”: on his analysis, someone could remain an appropriate target of our responsibility practices and yet fail to be a morally responsible agent. In closing, I offer a potential solution to this problem, though it means re-visioning how the account of moral responsibility is conceptually tied to the justification of our responsibility practices. (shrink)

Increasing public concern for the welfare of fish species that human beings use and exploit has highlighted the need for better understanding of the cognitive status of fish and of their ability to experience negative emotions such as pain and fear. Moreover, studying emotion and cognition in fish species broadens our scientific understanding of how emotion and cognition are represented in the central nervous system and what kind of role they play in the organization of behavior. For instance, on a (...) macro neuro-architecture level the brains of fish species look dramatically different from those of mammals, while such a dramatic difference does not (always) occur at the level of emotion- and cognition-related behavior. Here, therefore, we discuss the evidence of emotion and cognition in fish species related to underlying neuro-architecture and the role that emotion and cognition play in the organization of behavior. To do so we use a framework encompassing a number of steps allowing a systematic approach to these issues. Emotion and cognition confer on human and non-human animals the capacity to compliment and/or override immediate reflexes to stimuli and so allow a large degree of flexibility in behavior. Systematic research on behavior that in mammals is indicative of emotion and cognition has been conducted in only a few fish species. The data thus far indicate that in these species brain-behavior relationships are not fundamentally different from those observed in mammals. Furthermore, data from other studies show evidence that behavior patterns related to emotion and cognition vary between fish species as well within fish species, related to sex and life history stage for example. From a welfare perspective, knowledge of such variability will potentially help us to design optimal living conditions for fish species kept by humans. (shrink)

Within recent feminist philosophy, controversy has developed over the desirability, and indeed, the possibility of defining the central terms of its analysis—“woman,” “femininity,” etc. The controversy results largely from the undertheorization of the notion of definition; feminists have uncritically adopted an Aristotelian treatment of definition as entailing metaphysical, rather than merely linguistic, commitments. A “discursive” approach to definition, by contrast, allows us to define our terms, while avoiding the dangers of essentialism and universalism.

Within recent feminist philosophy, controversy has developed over the desirability, and indeed, the possibility of defining the central terms of its analysis—“woman,” “femininity,” etc. The controversy results largely from the undertheorization of the notion of definition; feminists have uncritically adopted an Aristotelian treatment of definition as entailing metaphysical, rather than merely linguistic, commitments. A “discursive” approach to definition, by contrast, allows us to define our terms, while avoiding the dangers of essentialism and universalism.

Background: Family therapy is considered as the gold standard in treatment of adolescents with anorexia nervosa (AN). Among the different types of family therapy, multi-family therapy (MFT) is increasingly used for treating AN, and shows promising results. In this article, our focus relied on the patients’ and their parents’ perceptions of the effectiveness and the underlying mechanisms of the MFT. Methods: The present pilot exploratory qualitative study included two focus groups conducted using a semi-structured approach: one with the adolescents (n= (...) 3), and another with one or two of their parents (n= 4 mothers;n= 2 fathers). The subjects discussed were the changes observed in both AN symptoms and family interactions following therapy, and the mechanisms underlying these changes. We crossed the perspectives of the adolescents and of the parents on these two points. Results: Qualitative analysis revealed that while both adolescents and parents had difficulties relating the changes they observed in the last year to MFT, they were able to say that the group cohesion had several positive effects and that their family dynamics had improved. In the light of analysis the adolescents perceived more improvements related eating disorders symptoms than their parents did, while parents were concerned about a negative effect of MFT on their children. Discussion: While both patients and parents perceived improvements in both AN symptoms and family interactions in the past year, it was not clear if they considered MFT to have led to these improvements. FG also explored the MFT mechanisms underlying changes. Both adolescents and their parents stressed the beneficial effects of identification to others members of the group and shared experience to overcome social isolation. Parents also mentioned the sympathy they felt for each other. The idea that they give a central place to families in the therapy was also described by the families. (shrink)