The U.S. Supreme Court recently held that a parody by the rap group 2 Live Crew of Ray Orbison's song "Oh, Pretty Woman" was "fair use" and thus did not infringe the copyright. Although the court insisted that it was not evaluating the quality of the parody, I argue that it does in fact make several aesthetic evaluations and sometimes even seems to praise the content of the parody. I first consider the stated reasons for the claimed refusal of (...) the court to evaluate aesthetic quality. Second, I examine the evaluations which the court in fact does make, at least some of which are clearly aesthetic evaluations. I then argue that aesthetic value judgments are both necessary and possible for determinations of "fair use" for such works as the "Pretty Woman" parody. (shrink)

We have been teaching gender issues and feminist theory for many years, and we know that there is certainly a diversity of views among women, and men, about what counts as feminist or as good for women. Some may see a competent woman running for V.P as inevitably a step forward for women's equality. But consider this.

Rates of violence in the American South have long been much greater than in the North. Accounts of duels, feuds, bushwhackings, and lynchings occur prominently in visitors’ accounts, newspaper articles, and autobiography from the 18th Century onward. According to crime statistics these differences persist today. In their book, Culture of Honor, Richard Nisbett and Dov Cohen argue that the South is more violent than the North because Southerners have different, culturally acquired beliefs about personal honor than Northerners. The South was (...) disproportionately settled by Protestant Scotch-Irish, people with an animal herding background, whereas Northern settlers were English, German and Dutch peasant farmers. Most herders live in thinly settled, lawless regions. Since livestock are easy to steal, herders seek reputations for willingness to engage in violent behavior as a deterrent to rustling and other predatory behavior. Of course, bad men come to subscribe to the same code, the better to intimidate their victims. As this arms race proceeds, arguments over trivial acts can rapidly escalate if a man—less often a woman—thinks his honor is at stake, and the resulting “culture of honor” leads to high rates of violence. Nisbett and Cohen support their hypothesis with an impressive range of data including, laboratory data, attitude surveys, field experiments, data on violence, and differences in legal codes. (shrink)

dim light from the corridor without, a narrow window, barred and sunken in the stone, a grated door! Beyond its hideous iron latticework, within the ghastly walls, – a man! An old man, gray-haired and wrinkled, lame and suffering. There he sits, in his great loneliness, shut in front all the earth. There he walks, to and fro, within his measured space, apart from all he loves! There, for every night in five long years to come, he will walk alone, (...) while the white age-flakes drop upon his head, while the last years of the winter of life gather and pass, and his body draws near the ashes. Every night, for five long years to come, he will sit alone, this chattel slave, whose hard toll is taken by the State, – and without recompense save that the Southern planter gave his Negroes, – every night he will sit there so within those four white walls. Every night, for five long years to come, a suffering woman will lie upon her bed, longing, longing for the end of those three thousand days; longing for the kind face, the patient hand, that in so many years had never failed her. Every night, for five long years to come, the proud spirit must rebel, the loving heart must bleed, the broken home must he desecrated. As I am speaking now, as you are listening, there within the cell of that accursed penitentiary whose stones have soaked up the sufferings of so many victims, murdered, as truly as any outside their walls, by that slow rot which eats away existence, inch-meal, – as I am speaking now, as you are listening, there sits Moses Harman! (shrink)

T hese are indignant times. Reading news- papers, talking to friends or coworkers, we seem often to live in a state of perpetual moral outrage.The targets of our indignation depend on the particular group, religion, and political party we are associated with. If the Terry Schiavo case does not convince of you of this, take the issue of same-sex marriage. Conservatives are furious over the prospect of gays and lesbians marrying, and liberals are furious that conservatives are furious. But has (...) anyone on either side subjected their views to serious scrutiny? What’s the response, for example, when conservatives are asked exactly why gays and lesbians shouldn’t be allowed to marry? “It threatens the institution of marriage.” OK. How? “Marriage is between a man and a woman.” (Democ- rats give this answer as well.) Right, but why? “It’s unnatu- ral.” Isn’t that true of marriage in general? “Well… look… I.. (shrink)

When my grandfather, David Oppenheim, and my grandmother, Amalie Pollak, decided to marry, my grandfather's parents doubted the wisdom of their son's decision to marry a woman three years older than he was.

A referendum on abortion in the Republic of Ireland a while ago was strongly influenced by a curious case that aroused great controversy. You probably remember it, but I'll briefly recap the main points. A (very) young rape victim wanted an abortion (or her parents wanted it for her -- I'm not really sure, but it doesn't matter here). She was not only denied it, abortion being illegal in the Republic, but was prevented by a court ruling from going to (...) get one in a country where abortion is allowed. Now, I'm not concerned here with the moral question of abortion itself; what interests me is the confusion evinced (but apparently not felt) by most of those whose comments on the case were reported -- a confusion that afflicted those on both sides of the debate. The results of the recent referendum have reflected the confusion perfectly, with the Irish people offering their collective opinion that a woman shouldn't be allowed an abortion even if her life is endangered, but that women should be allowed free access to information about abortion and to travel to countries where abortion is legal. This would still have denied an abortion to the young rape victim, but would have allowed her to come to England for one. The confusion, it seems to me, is a symptom of two dangerous tendencies of thought concerning other people's moral beliefs -- tendencies which are often linked. (shrink)

           “I’ve written a story!†My eighty year old father’s rich, booming voice fired up the phone line, briefly burning through the fuzzy enunciation that stemmed from a minor stroke of three years back. It hadn’t been the stroke but rather his growing blindness that had slowed his production. Through dictation he’d still kept up his short monthly magazine column (in one of the last and most gravely scatological of these (...) he’d inadvertently shamed my Enlightenment scholarship by writing “I thought everyone knew that Frederick the Great and Voltaire corresponded about their bowel movementsâ€). He sounded happier and more alive than I’d heard him in years, though the sketch he’d written, from a cat’s viewpoint, is spectrally peopled under aliases by his Shakespearian actor parents, and a spunky Lesbian witch who lightheartedly inducts my mother into her coven through ritualized sexual intercourse, which scandalizes my grandmother and titillates my father, who confesses along the way to alcoholism, habitual premature ejaculation, voyeurism, and unassuageable jealousy of his illustrious father, whose death in 1949 aroused only “a cold pride†(unlike the wrench I know he felt when his wife and his mother died in the late 1960s). The sketch resolves with his dead father’s body intoning Hamlet’s lines about what a piece of work is man, ending with “A paragon of animals,†which the feline observer coolly concludes must surely refer to cats.            That phone call was my last conversation with my father. A month before he had, quixotically, married a woman he’d known for two decades, on his part decidedly nonexclusively, a few days after she got a diagnosis of inoperable lung cancer. Now, in deference to her fear of flying, they took off on a tiring train and car trip from San Francisco to a convention in London, Ontario, where my exhausted father began his slide into incontinence, depression, and dementia.. (shrink)

One night about fifteen years ago, I found myself driving a rental car up and down the main street of a tiny Connecticut town, feverishly hunting for an address. I had gotten lost on my trip into the hinterland, and by the time my car turned hesitantly up the drive of an old house that seemed to match the numbers on my notepad, I was hours late for my appointment. When the thick door creaked open, I started my apologies, but (...) the woman I had come to interview paid no attention. “Come out to the kitchen,” she said. Muriel Hall, former researcher for Time-Life, knew how to treat other researchers. She had kept the food warm and the drinks cold, and before the night was over, I saw her lift the top of an old wooden box and start laying out the treasure I had hoped to find—the papers of Isabel Paterson. (shrink)

Although our eyes receive incomplete and ambiguous information, our perceptual system is usually able to successfully construct a stable representation of the world. In the case of ambiguous figures, however, perception is unstable, spontaneously alternating between equally possible outcomes. The present study compared EEG responses to ambiguous figures and their unambiguous variants. We found that slight figural changes, which turn ambiguous figures into unambiguous ones, lead to a dramatic difference in an ERP (“event-related potential”) component at around 400 ms. This (...) result was obtained across two different categories of figures, namely the geometric Necker cube stimulus and the semantic Old/Young Woman face stimulus. Our results fit well into the Bayesian inference concept, which models the evaluation of a perceptual interpretation’s reliability for subsequent action planning. This process seems to be unconscious and the late.. (shrink)

1. When he was in India, Burton learned Persian. 2. When Burton was in India, he learned Persian. 3. Burton learned Persian, when he was in India. 4. He learned Persian, when Burton was in India. 5. When she was in India, every woman learned Hindi. 6. When every woman was in India, she learned Hindi. 7. Every woman learned. Hindi, when she was in India. 8. When he was in. Alaska, he learned Tlingit. 9. He learned (...) Tlingit, when he was in Alaska. (shrink)

R J W Evans: Political Chronology; IntroductionJan Rychlík: Czech-Slovak Relations in Czechoslovakia, 1918-39Eagle Glassheim: Ambivalent Capitalists: The Roots of Fascist Ideology among Bohemian Nobles, 1880-1938Melissa Feinberg: The New 'Woman Question': Gender, Nation, and Citizenship in the First Czechoslovak RepublicRobert B. Pynsent: The Literary Representation of the Czechoslovak 'Legions' in RussiaCatherine Albrecht: Economic Nationalism in the Sudetenland, 1918-38R.J.W. Evans: Hungarians, Czechs and Slovaks: Some Mutual Perceptions, 1900-50Mark Cornwall: 'A Leap into Ice-Cold Water': the Manoeuvres of the Henlein Movement in Czechoslovakia, (...) 1933-8Vít Smetana: Old Wine in New Bottles? British Policy towards Czechoslovakia, 1938-9 and 1947-8Tatjana Tönsmeyer: The German Advisers in Slovakia, 1939-45: Conflict or Co-Operation?Mark Dimond: The Sokol and Czech Nationalism, 1918-48Jiri Kocian: The Czechs versus the Slovaks: Bilateral Relations, 1944-8Zdenk Radvanovský: The Transfer of Czechoslovakia's Germans and its Impact in the Border Region after the Second World WarKeith Robbins: Britain and Munich Reconsidered: A Personal Historical Journey. (shrink)

The history of the Wonder Woman comic book character is full of events and personalities as dramatic as the tales detailed in the text. The origins and development of this iconic female superhero demonstrate how competing ideas of what womanhood meant were reflected in popular culture. In this essay, the focus is on a particular issue of the Wonder Woman comic book, with a story by writer and literary critic Samuel R. Delany in 1972. In this issue Wonder (...) Woman takes on the role of a women’s liberation activist in New York City. This chapter in Wonder Woman’s history is either unknown or dismissed as misguided by many fans past and present, but it provides an interesting insight into how American comic books responded to second-wave feminism and Gloria Steinem’s appropriation of the Wonder Woman image. (shrink)

entertainment and interest of Liberty’s readers, I intend to express in this article some conservative thoughts on the so called Woman Question. This I will do, not so much because of my desire to present my own views, but because it appears to me a good way of eliciting elaborate statement and clear explanation from those with whom I shall take the issue. The discussion (if such it may be called) of the Woman Question has so far been (...) confined to platitudes and trivial points, while it has been deemed one of the absolute requisites of an advanced, progressive, and liberal thinker to believe in equality of the sexes and to indulge in cheap talk about economic emancipation, equal rights, etc., of the “weaker sex.” Declining to repeat this talk in a parrot like fashion, I ask to be offered some solid arguments in support of the position which I now, with all my willingness, cannot consider well grounded. (shrink)

Women are human beings, and consequently have all the natural rights that any human beings can have. They have just as good a right to make laws as men have, and no better; AND THAT IS JUST NO RIGHT AT ALL. No human being, nor any number of human beings, have any right to make laws, and compel other human beings to obey them. To say that they have is to say that they are the masters and owners of those (...) of whom they require such obedience. (shrink)

O artigo introduz a questão da relação entre a Igreja hierárquica e a mulher, afirmando que, desde seus começos, o cristianismo teve dificuldades para compreender o comportamento de Jesus para com as mulheres. Destaca alguns sinais do surgimento, no século XX, de uma nova consciência feminina, caracterizada pela emergência do “pensamento autônomo”. Em contraposição às mudanças do universo feminino e referindo-se ao “desconhecimento da mulher” que caracterizou o Vaticano II, o artigo refere-se à dificuldade da Igreja em identificar a ideologia (...) heterônoma que a caracteriza. “Há sempre um outro que manda”: o rei, o senhor, o homem, o pai – sobre o que se constrói a figura de um Deus poderoso e distante. Para corroborar a dificuldade de passar do pensamento heterônomo ao pensamento autônomo, particularmente para os bispos – e seguindo a teóloga Ivone Gebara – a reflexão toma como objeto paradigmático de leitura as falas do Arcebispo de Recife frente ao caso da menina estuprada pelo padrasto, ocorrido em 2009. Conclui: Os textos mais inovadores do Vaticano II não conseguiram romper com a imagem de heteronomia herdada do passado. Hoje não existe caminho para a Igreja fora do diálogo com a modernidade, o que implica, em primeiro lugar, uma atitude autocrítica. Palavras-chave : Igreja hierárquica. Vaticano II. Mulher.This article introduces the question of the relationship between the Church hierarchy and the women, arguing that since its beginnings, Christianity struggled to understand the attitude of Jesus toward women. It highlights some signs of the emergence in the twentieth century, of a new feminine consciousness, characterized by the emergence of an "autonomous thinking." In contrast to the changing world of women and referring to the “unknown woman” that characterized the Vatican II, this article refers to the difficulty to indentify the heteronomous ideology that characterizes the Church. "There's always another that gives orders" the king, the lord, the man, the father – under which the figure of a mighty and distant God is built on. To corroborate the difficulty to pass from an autonomous thought to a heteronomous thinking, particularly for the bishops - and following the theologian Ivone Gebara – this article analyzes the speeches of the Archbishop of Recife concerning the case of the girl raped by her stepfather, held in 2009. In conclusion: The most innovative texts of Vatican II were not able to break with the image of heteronomy from the past. Today there is no way for the Church out of the dialogue with modernity, which implies, first, a self-critical attitude. Keywords: Hierarchical Church. Vatican II. Women - DOI: 10.5752/P.2175-5841.2011v9n24p1280. (shrink)

This brief report raises the ethical dilemma encountered by an obstetrician involved in the care of a pregnant woman with life-threatening disease. This is a particularly difficult issue if the maternal well-being is in conflict with the survival of the unborn child.

In this article, I claim that Sam Mendes' Revolutionary Road is a recent version of the film genre that Stanley Cavell calls the “melodrama of the unknown woman”. Accordingly, my discussion focuses on two key elements of that identification: the film's overriding dramatic and thematic emphasis on conversation; and the central characters’ relation to the wider social and political concerns of America.

A relatively unknown woman named Maria Theresa Short opened a popular observatory in 1835 in Ed inburgh - a time and place where men of science and property had long failed to make a viable space for astronomy. She exhibited scientific instruments to a general public, along with a great telescope and a walk-in camera obscura that projected live views of the city and continues to delight audiences to this day. To better understand Short's accomplishments, achieved as scientific (...) and public life became increasingly closed to women, this study explores her largely untold story, and maps some of the places of science around it. Finding local contingencies, multiple sites and practices by diverse groups, it proposes that tensions within the connections between science and spectacle and the use of popularization to promote its professionalization produced gaps that even a marginal figure like Maria Short could inhabit and exploit. (shrink)

In order to explain Cavell's account of what makes movies so magical, this article will offer a chronological survey of his major writings on film, beginning with the first edition of The World Viewed (1971), where he poses an intriguing theoretical hypothesis about what distinguishes the movies from the other major art forms. The survey will continue by considering the expanded edition of The World Viewed (1979), Pursuits of Happiness: The Hollywood Comedy of Remarriage (1984), and Contesting Tears: The Hollywood (...) Melodrama of the Unknown Woman (1997), and will conclude with an analysis of Cavell's discussion of Emersonian perfectionism in Cities of Words (2005). Throughout, I show how the specific film interpretations he proposes serve as archetypal examples of crucial features of his philosophy. Cavell's general thesis, I take it, is that films can pose particularly satisfying responses to the skepticism we all harbour about our most deeply held values. In a nutshell, the movies are magical because they tell us myths that allow us to see our lives as worth living, helping to restore our faith in the wellsprings of human value: romantic love, individual autonomy, nonconformity, and the search for self-improvement. (shrink)

Stanley Cavell’s “ontology of film” is his way of expressing that in our experience of movies, we are both aware that we are perceiving nothing but flickering light on a screen yet also respond intellectually and emotionally as if we are experiencing real people, although in a world in which we cannot intervene. In his discussions of “comedies of remarriage” and “the melodrama of the unknown woman,” he argues that these movies are about what it is to grow (...) into adult human beings who are free to love and who can accept the risks of loving another free human being. (shrink)

Islamic law employs a classification of acts that divides each into one of five categories, ranging from forbidden to obligatory. When the phonograph became a popular instrument at the end of the nineteenth century, the use of this new machine, which reproduced both the Quran being recited and the song of an unknown woman, had to be categorized. The present article presents the edition for the first time, with translation and analysis, of a fatwa on the permissibility of (...) the phonograph, issued in 1908 by the Meccan scholar ʿAbdallāh Muḥammad Ṣāliḥ al-Zawāwī. Fatwas on phonography by the Indonesian scholar Sayyid ʿUthmān and the later shaykh al-Azhar Muḥammad Bakhīt al-Muṭīʿī are also analyzed. Two European scholars who recorded Quranic phonography are paid attention as well: Christiaan Snouck Hurgronje and Gotthelf Bergsträsser. Their involvement with Quranic sound recording is placed within its historical context. Finally, a short impression is given of what survives of these early recordings. (shrink)

Lorsque, dans le film de Max Ophüls Letter from an Unknown Woman, l’homme arrive aux derniers mots de la lettre que lui a adressée la femme inconnue, on nous le montre – selon des techniques éprouvées et bien connues de montage rapide – agressé par une suite...

El presente trabajo nació como una reflexión posterior a la traducción del libro de Stanley Cavell Contesting Tears: The Hollywood Melodrama of the Unknown Woman. La reflexión era necesaria habida cuenta de las dudas suscitadas por la traducción del título del libro. Para ser más exacto, la reflexión giraba en torno a las lágrimas que forman parte de la primera parte del título, las lágrimas vertidas por las mujeres desconocidas que protagonizan los melodramas analizados en el libro. En (...) mi opinión, llegar a entender la razón y la naturaleza de esas lágrimas es clave para comprender lo que Cavell nos viene contando desde hace cinco décadas. Por ello, lo que sigue intenta reunir mis propios comentarios sobre la obra de Cavell en general, con la justificación de la traducción final del título: Más allá de las lágrimas. (shrink)

Coming away from a first reading of Eve Kosofsky Sedgwick’s “The Beast in the Closet: James and the Writing of Homosexual Panic,” my sense of its pertinence to what I have written on film melodrama is so urgent that I find myself unwilling to make public the foregoing latest installment of my thoughts on the subject without including some initial responses, however hurried and improvisatory they must be now, to the material she has so remarkably brought together. Her work, among (...) other matters, proposes an understanding of James’s “The Beast in the Jungle” that to my mind cannot sensibly be passed by in thinking further about James’s achievement. Since in readdressing James’s text in my preceding remarks about Now, Voyager, and specifying my reason in having adduced it at the end of my earlier account Letter from an Unknown Woman by describing that film’s philosophical design—relating the melodrama of the unknown woman to the woman’s assignment to prove the man’s existence, or preservation, to him, or for him, hence impossibly attempting to perform his cogito, the taking on of his subjectivity, overcoming his skepticism by accepting that subjectivity as undeniable—I am understandably interested, to begin with, in tracing out the connection between things Sedgwick says about John Marcher’s “two secrets” and things I have said about secrecy as a cover for the idea of “privacy” in Ludwig Wittgenstein’s fantasy of a private language. (shrink)

Lorsque, dans le film de Max Ophüls Letter from an Unknown Woman , l’homme arrive aux derniers mots de la lettre que lui a adressée la femme inconnue, on nous le montre – selon des techniques éprouvées et bien connues de montage rapide – agressé par une suite..

This essay explores the impact of Kierkegaard’s work on the thought of Stanley Cavell. Cavell identifies two central themes in Kierkegaard’s philosophy: first, rather than concerning itself with problems of logic or with abstract questions, philosophy is concerned with ordinary life and its lived spiritual questions; second, there are things that can only be understood by participating in them. Therefore, the task of the philosopher is not to explain or define ideas but to dramatize for the reader that the choice (...) of one’s inward way of life is of vital importance. These two themes, along with Kierkegaard’s account of repetition, are fundamentally important in Cavell’s own work in the philosophy of film, specifically in what Cavell calls the “comedies of remarriage” and the “melodramas of the unknown woman.”. (shrink)

The long-awaited follow-up to Koller's bestselling chronicle of self-discovery An Unknown Woman outlines how Koller has used her personal philosophy to meet the challenges of everyday life and invites readers to make their own commitment to honest living. Topics include earning money, finding a home, mourning, and feeling good about living alone as well as with others.

William Rothman argues that the driving force of Hitchcock's work was his struggle to reconcile the dark vision of his favorite Oscar Wilde quote, "Each man kills the thing he loves," with the quintessentially American philosophy, articulated in Emerson's writings, that gave classical Hollywood movies of the New Deal era their extraordinary combination of popularity and artistic seriousness. A Hitchcock thriller could be a comedy of remarriage or a melodrama of an unknown woman, both Emersonian genres, except for (...) the murderous villain and godlike author, Hitchcock, who pulls the villain's strings -- and ours. Because Hitchcock believed that the camera has a murderous aspect, the question "What if anything justifies killing?," which every Hitchcock film engages, was for him a disturbing question about his own art. Tracing the trajectory of Hitchcock's career, Rothman discerns a progression in the films' meditations on murder and artistic creation. This progression culminates in _Marnie _(1964), Hitchcock's most controversial film, in which Hitchcock overcame his ambivalence and fully embraced the Emersonian worldview he had always also resisted. Reading key Emerson passages with the degree of attention he accords to Hitchcock sequences, Rothman discovers surprising affinities between Hitchcock's way of thinking cinematically and the philosophical way of thinking Emerson's essays exemplify. He finds that the terms in which Emerson thought about reality, about our "flux of moods," about what it is within us that never changes, about freedom, about America, about reading, about writing, and about thinking are remarkably pertinent to our experience of films and to thinking and writing about them. He also reflects on the implications of this discovery, not only for Hitchcock scholarship but also for film criticism in general. (shrink)

The final moments of King Vidor's melodrama, Stella Dallas is famous as a tableau of exquisite pathos and feeling. This paper examines Stanley Cavell's reading of Vidor's tableau of an unknown woman in relation to Linda Williams's earlier feminist reading, it examines Cavell's dispute with Williams and seeks to offer a different reading of the film that takes the contemporary art historical discourse about tableau as its guide, and comes to the conclusion that Vidor's tableau anticipates the 'return (...) to painting' that marks Jeff Wall's famous photographic lightbox Picture for Women. Vidor's tableau is itself a lightbox that articulates the tension in American culture and life between the propriety of social order and the impropriety of modern social mobility. (shrink)

Who is this young woman that seems to have chosen to die by default? She is in effect parentless at a labile and vulnerable age. An attempt at a different social environment has failed. She is depressed. Unknowns are her issues, feelings, and concerns and whether antidepressants have been tried, and if so, what their effect has been. Additional data not given is whether dialysis has been tried, and if not, why not? The known track record of adolescents doing (...) poorly on dialysis would be a concern, but then so is the loss of a scarce resource. (shrink)