When ethics committees are consulted about patients who have or need court-appointed guardians, they lack empirical evidence about several common issues, including the relationship between guardianship and prolonged, potentially medically unnecessary hospitalizations for patients. To provide information about this issue, we conducted quantitative and qualitative analyses using a retrospective cohort from Veterans Healthcare Administration. To examine the relationship between guardianship appointment and hospital length of stay, we first compared 116 persons hospitalized prior to guardianship appointment to a comparison group (n (...) = 348) 3:1 matched for age, diagnosis, date of admission, and comorbidity. We then compared 91 persons hospitalized in the year following guardianship appointment to a second matched comparison group (n = 273). Mean length of stay was 30.75 days (SD = 46.70) amongst those admitted prior to guardianship, which was higher than the comparison group (M = 7.74, SD = 9.71, F = 20.75, p. (shrink)

We report two experimental studies of human perceptions of robotic facial expressions while systematically varying context effects and the cultural background of subjects. Except for Fear, East Asian and Western subjects were not significantly different in recognition rates, and, while Westerners were better at judging affect from mouth movement alone, East Asians were not any better at judging affect based on eye/brow movement alone. Moreover, context effects appeared capable of over-riding such cultural differences, most notably for Fear. The results seem (...) to run counter to previous theories of cultural differences in facial expression based on emoticons and eye fixation patterns. We connect this to broader research in cognitive science – suggesting the findings support a dynamical systems view of social cognition as an emergent phenomenon. The results here suggest that, if we can induce appropriate context effects, it may be possible to create culture-neutral models of robots and affective interaction. (shrink)

Adults who are incapacitated and alone, having no surrogates, may be known as “unbefriended.” Decision-making for these particularly vulnerable patients is a common and vexing concern for healthcare providers and hospital ethics committees. When all other avenues for resolving the need for surrogate decision-making fail, patients who are incapacitated and alone may be referred for “public guardianship” or guardianship of last resort. While an appropriate mechanism in theory, these programs are often under-staffed and under-funded, laying the consequences of inadequacies on (...) the healthcare system and the patient him or herself. We describe a qualitative study of professionals spanning clinical, court, and agency settings about the mechanisms for resolving surrogate consent for these patients and problems therein within the state of Massachusetts. Interviews found that all participants encountered adults who are incapacitated and without surrogates. Four approaches for addressing surrogate needs were: work to restore capacity; find previously unknown surrogates; work with agencies to obtain surrogates; and access the guardianship system. The use of guardianship was associated with procedural challenges and ethical concerns including delays in care, short term gains for long term costs, inabilities to meet a patient’s values and preferences, conflicts of interest, and ethical discomfort among interviewees. Findings are discussed in the context of resources to restore capacity, identify previously unknown surrogates, and establish improved surrogate mechanisms for this vulnerable population. (shrink)

Adults who are incapacitated and alone, having no surrogates, may be known as “unbefriended.” Decision-making for these particularly vulnerable patients is a common and vexing concern for healthcare providers and hospital ethics committees. When all other avenues for resolving the need for surrogate decision-making fail, patients who are incapacitated and alone may be referred for “public guardianship” or guardianship of last resort. While an appropriate mechanism in theory, these programs are often under-staffed and under-funded, laying the consequences of inadequacies on (...) the healthcare system and the patient him or herself. We describe a qualitative study of professionals spanning clinical, court, and agency settings about the mechanisms for resolving surrogate consent for these patients and problems therein within the state of Massachusetts. Interviews found that all participants encountered adults who are incapacitated and without surrogates. Four approaches for addressing surrogate needs were: work to restore capacity; find previously unknown surrogates; work with agencies to obtain surrogates; and access the guardianship system. The use of guardianship was associated with procedural challenges and ethical concerns including delays in care, short term gains for long term costs, inabilities to meet a patient’s values and preferences, conflicts of interest, and ethical discomfort among interviewees. Findings are discussed in the context of resources to restore capacity, identify previously unknown surrogates, and establish improved surrogate mechanisms for this vulnerable population. (shrink)

We report two experimental studies of human perceptions of robotic facial expressions while systematically varying context effects and the cultural background of subjects. Except for Fear, East Asian and Western subjects were not significantly different in recognition rates, and, while Westerners were better at judging affect from mouth movement alone, East Asians were not any better at judging affect based on eye/brow movement alone. Moreover, context effects appeared capable of over-riding such cultural differences, most notably for Fear. The results seem (...) to run counter to previous theories of cultural differences in facial expression based on emoticons and eye fixation patterns. We connect this to broader research in cognitive science – suggesting the findings support a dynamical systems view of social cognition as an emergent phenomenon. The results here suggest that, if we can induce appropriate context effects, it may be possible to createculture-neutral modelsof robots and affective interaction. (shrink)

We report two experimental studies of human perceptions of robotic facial expressions while systematically varying context effects and the cultural background of subjects. Except for Fear, East Asian and Western subjects were not significantly different in recognition rates, and, while Westerners were better at judging affect from mouth movement alone, East Asians were not any better at judging affect based on eye/brow movement alone. Moreover, context effects appeared capable of over-riding such cultural differences, most notably for Fear. The results seem (...) to run counter to previous theories of cultural differences in facial expression based on emoticons and eye fixation patterns. We connect this to broader research in cognitive science – suggesting the findings support a dynamical systems view of social cognition as an emergent phenomenon. The results here suggest that, if we can induce appropriate context effects, it may be possible to createculture-neutral modelsof robots and affective interaction. (shrink)

BackgroundAn analysis of the position statements of secular US medical and surgical professional societies on physician-assisted suicide (PAS) and euthanasia have not been published recently. Available statements were evaluated for position, content, and sentiment.MethodsIn order to create a comprehensive list of secular medical and surgical societies, the results of a systematic search using Google were cross-referenced with a list of societies that have a seat on the American Medical Association House of Delegates. Societies with position statements were identified. These statements (...) were divided into 5 categories: opposed to PAS and/or euthanasia, studied neutrality, supportive, acknowledgement without statement, and no statement. Linguistic analysis was performed using RapidMinder in order to determine word frequency and sentiment respective to individual statements. To ensure accuracy, only statements with word counts > 100 were analyzed. A 2-tailed independentttest was used to test for variance among sentiment scores of opposing and studied neutrality statements.ResultsOf 150 societies, only 12 (8%) have position statements on PAS and euthanasia: 11 for PAS (5 opposing and 4 studied neutrality) and 9 for euthanasia (6 opposing and 2 studied neutrality). Although the most popular words used in opposing and studied neutrality statements are similar, notable exceptions exist (suicide,medicine, andtreatmentappear frequently in opposing statements, but not in studied neutrality statements, whereaspsychologists,law, andindividualsappear frequently in studied neutrality statements, but not in opposing statements). Sentiment scores for opposing and studied neutrality statements do not differ (mean, 0.094 vs. 0.104;P = 0.90).ConclusionsFew US medical and surgical societies have position statements on PAS and euthanasia. Among them, opposing and studied neutrality statements share similar linguistic sentiment. Opposing and studied neutrality statements have clear differences, but share recommendations. Both opposing and studied neutrality statements cite potential risks of PAS legalization and suggest that good palliative care might diminish a patient’s desire for PAS. (shrink)

Focal brain metabolic effects detected by proton magnetic resonance spectroscopy (MRS) in obsessive-compulsive disorder (OCD) represent prospective indices of clinical status and guides to treatment design. Sampling bilateral pregenual anterior cingulate cortex (pACC), anterior middle cingulate cortex (aMCC), and thalamus in 40 adult patients and 16 healthy controls, we examined relationships of the neurometabolites glutamate+glutamine (Glx), creatine+phosphocreatine (Cr), and choline-compounds (Cho) with OCD diagnosis and multiple symptom types. The latter included OC core symptoms (Yale-Brown Obsessive-Compulsive Scale - YBOCS), depressive symptoms (...) (Montgomery-Åsberg Depression Rating Scale - MADRS), and general functioning (Global Assessment Scale - GAS). pACC Glx was 9.7% higher in patients than controls. Within patients, Cr and Cho correlated negatively with YBOCS and MADRS, while Cr correlated positively with the GAS. In aMCC, Cr and Cho correlated negatively with MADRS, while Cr in thalamus correlated positively with GAS. These findings present moderate support for glutamatergic and cingulocentric perspectives on OCD. Based on our prior metabolic model of OCD, we offer one possible interpretation of these group and correlational effects as consequences of a corticothalamic state of elevated glutamatergic receptor activity alongside below-normal glutamatergic transporter activity. (shrink)

Yarkoni's analysis clearly articulates a number of concerns limiting the generalizability and explanatory power of psychological findings, many of which are compounded in infancy research. ManyBabies addresses these concerns via a radically collaborative, large-scale and open approach to research that is grounded in theory-building, committed to diversification, and focused on understanding sources of variation.

This article addresses a common yet rarely discussed aspect of hospital care—a pro-active approach to ethical dilemmas. Potential ethical conflicts often present warning signs to clinicians, analogous to the warning lights on a car’s dashboard. Using a recent case study, a commonly encountered clinical decision—a conflict about whether to terminally extubate a critically ill patient versus whether to offer a tracheostomy— we describe a pro-active approach to ethical conflicts and outline three learning objectives: (1) the need for a robust understanding (...) of the term “futility,” (2) the need for an appreciation of the various and often conflicting interpretations of “improved/improving,” and (3) the need to understand the challenges of surrogate decision making. (shrink)

Convergence research is driven by specific and compelling problems and requires deep integration across disciplines. The potential of convergence research is widely recognized, but questions remain about how to design, facilitate, and assess such research. Here we analyze a seven-year, twelve-million-dollar convergence project on sustainable climate risk management to answer two questions. First, what is the impact of a project-level emphasis on the values that motivate and tie convergence research to the compelling problems? Second, how does participation in convergence projects (...) shape the research of postdoctoral scholars who are still in the process of establishing themselves professionally? We use an interview-based approach to characterize what the project specifically enabled in each participant’s research. We find that (a) the project pushed participants’ research into better alignment with the motivating concept of convergence research and that this effect was stronger for postdoctoral scholars than for more senior faculty. (b) Postdocs’ self-assessed understanding of key project themes, however, appears unconnected to metrics of project participation, raising questions about training and integration. Regarding values, (c) the project enabled heightened attention to values in the research of a large minority of participants. (d) Participants strongly believe in the importance of explicitly reflecting on values that motivate and pervade scientific research, but they question their own understanding of how to put value-focused science into practice. This mismatch of perceived importance with poor understanding highlights an unmet need in the practice of convergence science. (shrink)

Abstract:Qu Yuan (c. 340–278 BC) is often called “the first Chinese poet,” because the primary work attributed to him, Li sao (“Sublimating Sorrow”), is the first in the tradition to evoke a distinctive persona engaged in self-reflection and personal narrative. To explain why this story of frustrated political ambition became arguably the first instance of Chinese autobiography or life writing, this paper uses the notion of “biological handicap,” proposed by Amotz Zahavi. As a peacock’s cumbersome tail feathers reduce its individual (...) chances of survival but communicate valuable information to potential mates, the Li Sao’s poetic persona uses images its audience understood as external marks of invisible, spiritual potency, like long eyebrows and fragrant adornments, to evoke unfulfilled political potential, resulting in an early model of literary interiority. (shrink)

Danto was not a fan of Dewey, the pragmatist who dominated Columbia's philosophy department for much of the twentieth century. A broad context for what might at first seem their total clash of philosophical temperaments is Danto's embrace of analytic philosophy in a period when classical pragmatism was evolving into the neopragmatism of Richard Rorty. A more specific context is Danto's preference for Cartesian‐inflected forms of atomistic explanation and representationalism, in contrast to Dewey's anti‐dualist and anti‐representationalist holism. In addition, Dewey's (...) vision of art as embodied in human experiences across the modern institutional spectrum contrasts starkly with Danto's more “compartmental” account of the Artworld. Yet despite these differences, both philosophers were also (in Dewey's case since the turn of the twentieth century, in Danto's case in late career) deeply, if differently, indebted to Hegel, who provided a fertile framework for understanding how human beings can at one and the same time be social, self‐interpreting spiritual beings and also natural beings. This fact provides a basis for thinking that while Danto never renounced his lifelong aversion to pragmatism, a subtler strand of Dewey's pervasive influence is present in his later writings. (shrink)

Shan Shui art is a traditional style of Chinese landscape painting that has had a lasting impact on Chinese culture. This paper attempts to view a masterpiece of this genre of art – the artwork entitled ›Hermit Dwelling in the Qingbian Mountains‹ by Wang Meng – from the perspective of Hans-Georg Gadamer’s philosophy of art in order to show how such an artwork can convey an ontological insight for those who experience it. Instead of viewing the artwork as simply an (...) aesthetically pleasing landscape and thereby relegating the experience to the realm of feeling as is common in modern Western approaches to art, I argue that the artwork is best understood as imparting meaning into our lives by opening up a new perspective on reality. Specifically, I show the Daoist principles and concepts that underlie shan shui art at work in Wang Meng’s (c. 1308–1385) masterpiece. The Gadamerian approach adopted provides an appropriate avenue to respect Wang Meng’s artwork and other paintings in the shan shui genre on their own terms for those embracing a contemporary Western aesthetic sensibility. (shrink)

This paper presents forms of multimodal perceptual experience that undermine the claim that each aspect of perceptual experience is modality specific. In particular, it argues against the thesis that all phenomenal character is modality specific (even making an allowance for co-conscious unity). It concludes that a multimodal perceptual episode may have phenomenal features beyond those that are associated with the specific modalities.

I write here about how the visible and the invisible intertwine in painting: in theory and in praxis – primarily the praxis of my own painting. Philosophers are rarely asked to discuss, much less to show in public, what they do avocationally rather than professionally. I was drawn to the invitation of the Merleau-Ponty Circle to exhibit my painting and to talk about what I do when I am not writing or teaching philosophy. It has offered a rare chance to (...) catch up with myself – with the painter in me. I started in art long before I turned to philosophy. It was my first love and is still my intermittent passion. I have not hidden it from others altogether – I have shown my work in various group shows– but it would be more accurate to say that I have hidden it from myself. Talking about my art work in the context of this Circle comes at a very welcome moment in which I am in the process of determining where I shall go with the rest of my life as it shortens down: ars longa, vita brevis.J’écris ici à propos de la manière dont le visible et l’invisible s’entrelacent dans la peinture : en théorie et en pratique, prioritairement dans ma propre pratique de la peinture. On demande rarement aux philosophes de discuter, et encore moins de montrer en public, ce qu’ils font en amateurs plutôt que professionnellement. J’ai été entraîné par l’invitation du Merleau-Ponty Circle à exposer ma peinture et à parler de ce que je fais lorsque je n’écrit pas et n’enseigne pas la philosophie. Cela m’a offert une chance rare de me retrouver moi-même, le peintre en moi. J’ai commencé dans l’art bien avant de me tourner vers la philosophie. C’était mon premier amour c’est encore ma passion intermittente. Je ne l’ai pas caché, puisque j’ai montré mon travail dans plusieurs expositions collectives. Ce serait plus juste de dire que je l’ai caché de moi-même. Parler de mes oeuvres d’art dans le contexte du Merleau-Ponty Circle arrive à un moment tout à fait bienvenu, où je suis en train de réfléchir à la suite de ma vie, puisqu’elle raccourcit : ars longa, vita brevis.In questo articolo tratto di come il visibile e l’invisibile si intreccino in pittura, nella teoria come nella pratica, e in particolare nella mia pratica di pittura. Raramente ai filosofi viene chiesto di discutere, e ancor più raramente di mostrare pubblicamente, ciò che essi fanno in ambito amatoriale e non professionale. Sono rimasto molto colpito dall’invito del Merleau-Ponty Circle a esporre i miei dipinti e a parlare dell’attività che svolgo quando non scrivo o non insegno filosofia. Questo invito mi ha fornito un’opportunità rara per riprendere contatto con me stesso – con il pittore che è in me. Mi sono avvicinato all’arte molto prima di rivolgermi alla filosofia. L’arte è stato il mio primo amore ed è ancora la mia passione intermittente. Non l’ho mai tenuta nascosta agli altri – ho presentato il mio lavoro in numerose mostre collettive; forse sarebbe più corretto dire che l’ho nascosta a me stesso.La possibilità di parlare della mia arte in occasione del Merleau-Ponty Circle si è presentata in un momento molto propizio, in cui mi trovo a domandarmi quale strada percorrere in quello che resta della mia vita che a mano a mano si accorcia: ars longa, vita brevis. (shrink)

Before I come to Professor Anderson’s objections to the argument in question, I should like to clarify just a few points. The argument that I presented is taken immediately from Mortimer Adler’s presentation of it, so let us call it ‘Adler’s Argument,’ though in fact its origins go all the way back to Aristotle. My reading of Adler’s presentation of the argument was that he gave it in two different forms, one categorical, the other hypothetical. Both forms of the argument, (...) of course, have effectively the same conclusion, which is, in the case of its categorical version, that “concepts are not physical beings” [proposition 3 for Professor Anderson] and, in the case of its hypothetical version, that “A concept is not an act of a bodily organ” [proposition 6 for Professor Anderson]. Now Adler concludes immediately from propositions 3/6 that “the power of conceptual thought is an immaterial power.” I argued in my original article that it was not obvious that this proposition was equivalent to propositions 3/6 and so I presented an additional argument to the bridge the gap [propositions a, b, c and d for Professor Anderson]. Let us call this ‘Casey’s Addendum.’. (shrink)

Accelerating global climate change drives new climate risks. People around the world are researching, designing, and implementing strategies to manage these risks. Identifying and implementing sound climate risk management strategies poses nontrivial challenges including (a) linking the required disciplines, (b) identifying relevant values and objectives, (c) identifying and quantifying important uncertainties, (d) resolving interactions between decision levers and the system dynamics, (e) quantifying the trade-offs between diverse values under deep and dynamic uncertainties, (f) communicating to inform decisions, and (g) learning (...) from the decision-making needs to inform research design. Here we review these challenges and avenues to overcome them. ▪ People and institutions are confronted with emerging and dynamic climate risks. ▪ Stakeholder values are central to defining the decision problem. ▪ Mission-oriented basic research helps to improve the design of climate risk management strategies. (shrink)

Is the flavor of mint reducible to the minty smell, the taste, and the menthol-like coolness on the roof of one’s mouth, or does it include something over and above these—something not properly associated with any one of the contributing senses? More generally, are there features of perceptual experiences—so-called novel features—that are not associated with any of our senses taken singly? This question has received a lot of attention of late. Yet surprisingly little attention has been paid to the question (...) of what it means to say that a feature is associated with a sensory modality in the first place. Indeed, there is only one fully developed proposal in the literature, due to Casey O’Callaghan. I argue that this proposal is too permissive to inform the debate over novel features. I go on to argue that all attempts to formulate a better proposal along these lines fail. The corollary of my arguments is that the question of the existence of novel features is poorly formed. Furthermore, the problem generalizes, with the result that we should not rely on our pre-theoretical notions of the senses as the basis of theorizing about the features of perceptual experiences. (shrink)

Moral and legal notions engaged in clinical ethics should not only possess analytic clarity but a sound basis in empirical findings. The latter condition brings into question the expansion of the mature minor exception. The mature minor exception in the healthcare law of the United States has served to enable those under the legal age to consent to medical treatment. Although originally developed primarily for minors in emergency or quasi-emergency need for health care, it was expanded especially from the 1970s (...) in order to cover unemancipated minors older than 14 years. This expansion initially appeared plausible, given psychological data that showed the intellectual capacity of minors over 14 to recognize the causal connection between their choices and the consequences of their choices. However, subsequent psychological studies have shown that minors generally fail to have realistic affective and evaluative appreciations of the consequences of their decisions, because they tend to over-emphasize short-term benefits and underestimate long-term risks. Also, unlike most decisionmakers over 21, the decisions of minors are more often marked by the lack of adequate impulse control, all of which is reflected in the far higher involvement of adolescents in acts of violence, intentional injury, and serious automobile accidents. These effects are more evident in circumstances that elicit elevated affective responses. The advent of brain imaging has allowed the actual visualization of qualitative differences between how minors versus persons over the age of 21 generally assess risks and benefits and make decisions. In the case of most under the age of 21, subcortical systems fail adequately to be checked by the prefrontal systems that are involved in adult executive decisions. The neuroanatomical and psychological model developed by Casey, Jones, and Summerville offers an empirical insight into the qualitative differences in the neuroanatomical and neuropsychological bases of adolescent versus adult decision making. These and other data, as well as developing law bearing on the culpability of juvenile criminal offenders, argue for critically re-evaluating the expansion of the mature minor exception with regard to medical decision making, as well as in support of a rebuttable presumption in favor of treating minors as immature decisionmakers. The clinical ethics of adolescent medical decision making will need foundationally to be reconsidered. (shrink)

The book has three main parts. Part 1, “Painting the Land”, opens by considering the emergence of landscape painting in the West from decorative pictures and then displays the possibilities for the sublime which were opened up when landscape painting per se had finally emerged. The painters who receive the most detailed discussion are Fitz Hugh Lane, Thomas Cole, and John Constable. Casey notes that the recent appearance of landscape painting in Western culture is a local phenomenon, and accordingly (...) ends part 1 with a comparatively brief—but necessary and illuminating—treatment of Northern Sung landscape works from the tenth to twelfth centuries A.D.. The main philosophical concern of part 1 is to make clear what it is that representations of landscapes do, and how the task of relocating the all-encompassing landscape in a restricted representational space navigates among the decorative, the painterly, and the topographic. (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)

Recent critiques have selected textual evidence for casting Hearne as a failed narrator, because he did not live up to the mercantile or imperialist expectations for late 18th-century explorers, or as a biased narrator, because he never fully moves beyond such valuations. But if we categorize phenomenologically Hearne's experiences as a student of the Arctic throughout his four-year journey, there is more textual evidence for reading it as the account of a civilized narrator's conflicted adaptation to an indigenous society as (...) his consciousness is more and more shaped by Arctic nature. Hearne's A Journey from Prince of Wales's Fort in Hudson's Bay, to the Northern Ocean 1769, 1770, 1771, 1772 (1795) is filled with patterns of experience in which Hearne is learning, often slowly and painfully, a culture of place through his body. Hearne is a developing narrator who moves from experiencing the Arctic as an alien, hostile, and unnatural place to responding directly to its actualities, adjusting over time to the demands the land and its people place on him. As Hearne eventually finds a temporary home in Arctic wilderness, his most significant accomplishment as a narrator is to move the locus of culture into it. As the phenomenologist Edward S. Casey puts it, this results in a 'thickening' between the antinomical oppositions of civilization and Arctic. Viewed in light of his own statements in his Preface, the commendation of contemporary reviewers, and the contrasting limitations of pre-Hearne sub-Arctic narratives, Hearne's Journey amounts to a reconfiguration of 18th-century civilized constructs into three roles grounded in Arctic phenomena: as a naturalist, as a traveler across northern terrain, and as a member of a Chipewyan war party. An ur-narrative of land-based Arctic exploration, Hearne's Journey finally demonstrates an integration with the land and the Chipewyans with whom he travels that establishes phenomenological precedents for the reading of all later accounts of land-based Arctic travel. (shrink)

This book presents the author's reflections on the "pagan" cardinal virtues of courage, temperance, justice, and practical wisdom as depicted by Aristotle in the Nicomachean Ethics. Casey sees these virtues as pagan because they "are undeniably worldly..., include an element of self-regard, and... rely on material conditions for their fulfillment". Christian virtue, by contrast, centers on the next world, emphasizes humility, and is independent of the vagaries of fortune because it depends wholly on having good will.

When we conceptualized this symposium, Roe v. Wade1 was still the law of the land, albeit precariously. We aimed to commemorate its fiftieth anniversary by exploring historical, legal, medical, and related dimensions of access to abortion as well as the challenges ahead to secure reproductive justice. With the leak of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization on May 2, 2022, we shifted to mark the dawn of a new era. In the nearly identical official (...) opinion announced on June 24, 2022,2 Justice Samuel Alito, writing for the majority (6-3), overturned Roe and Planned Parenthood of Southeastern Pennsylvania v. Casey.3. (shrink)

This review article examines the late agnostic New Testament scholar Maurice Casey’s criticisms of the so-called mythicist position, which argues that Jesus did not exist. Casey’s volume Jesus: Evidence and Argument or Mythicist Myths? is viewed along with Bart Ehrman’s critique of similar ideas in his text Did Jesus Exist? We will highlight important objections raised by these agnostic scholars against those in the mythicist movement, including topics such as various idiosyncrasies leading to historically deficient methods, egregiously latedating (...) the canonical Gospels, claiming inspiration from earlier mystery religions, and positing textual interpolations. (shrink)

This chapter concentrates on the edges of the lived body, which act to mediate between the outermost and innermost edges. The prospects for construing bodily edges are explored. Bodily edges realise the paradigm of definitive but incomplete self-knowledge in a very particular way: namely, that such edges are parts of parts. The internal and external edges of bodily parts are not only glimpsed in the course of ongoing experience but also offer a grip for hands. Inside/outside is an especially significant (...) binary edge structure, and is altogether central to edges that inhere in bodies. Bodily edges act as the mediatrix between the edges of the perceived earth and those of the inner psyche, and also provide the conjunctures for many things in experienced life-worlds. (shrink)