This paper addresses the uncanny resemblance between the educational industrial complex and the US carceral state. Both schools and prisons comprise carceral apparatuses that use policies, pedagogies, and practices to respond punitively to com­munal transgressions. Moreover, architectural designs and fiscal budgets further reveal symmetries that make learning communities unsafe and complicit with carceral systems. Black and Brown people are disproportionately caught in the frays of punitive disparities, targeted violence, and stereotypes of deviance that drastically impede social thriving. Ergo, this paper (...) responds to the inextricability of punishment that link classrooms to prisons by introducing an abolitionist theological ethic to create educational sanctuaries. (shrink)

This translation of this classic text contains a balance of cultural and biological considerations. While arguing for the strong influence of exposure and of formal training on the way that music is perceived, Frances draws on the literature concerning the amusias to illustrate his points about the types of cognitive abstraction that are performed by the listener.

Depuis la premiere edition de cet ouvrage en 1958, l'interet porte a la perception de la musique n'a cesse de croitre. Le domaine de recherche tel qu'il se presente aujourd'hui est, heureusement, degage des clivages institutionnels. Il associe psychologues, acousticiens, theoriciens de la musique, informaticiens, neuro-scientifiques et tous ceux qui contribuent au progres de cette discipline [...] L'ouvrage de R. Frances, par l'influence qu'il a exerce, est devenu un classique. Il analyse de maniere detaillee, entre autre, les effets de l'harmonie (...) tonale sur les perceptions des formes melodiques, le processus engage dans l'attribution d'une tonalite, et la representation abstraite des notes et de leur relation avec une tonalite. On y trouvera egalement plusieurs descriptions des differents effets melodiques sur la memoire et de la perception categoriale des notes et des intervalles, ainsi que de stimulantes discussion a propos des schemes melodiques et du role de l'attention dans la perception auditive. L'ouvrage respectte un equilibre judicieux entre les aspects culturels et les aspects biologiques de la question. Tandis qu'il insiste sur l'influence de la duree de l'ecoute et de la pratique du melomane sur la perception de la musique, R. Frances s'appuie sur la litterature concernant les amusies pour illustrer l'analyses des types d'abstractions cognitives executees pour l'auditeur. Prof. Diana Deutsch (Department of Psychology, University of California, San Diego). (shrink)

Cette édition numérique a été réalisée à partir d'un support physique, parfois ancien, conservé au sein du dépôt légal de la Bibliothèque nationale de France, conformément à la loi n° 2012-287 du 1er mars 2012 relative à l'exploitation des Livres indisponibles du XXe siècle. Pages de début Avant-propos Chapitre premier - Art, esthétique et sciences humaines Chapitre II - Formes, couleurs et sons Chapitre III - L'œuvre d'art picturale Chapitre IV - Le domaine musical Chapitre V - Les espaces architecturaux (...) Chapitre VI - Aspects esthétiques et iconiques du corps Chapitre VII - L'image cinématographiquePages de fin. (shrink)

This book addresses three major questions about law and legal systems: (1) What are the defining and organizing forms of legal institutions, legal rules, interpretive methodologies, and other legal phenomena? (2) How does frontal and systematic focus on these forms advance understanding of such phenomena? (3) What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political values such as democracy, liberty, and justice? This is the first book (...) that seeks to offer general answers to these questions and thus gives form in the law its due. The answers not only provide articulate conversancy with the subject but also reveal insights into the nature of law itself, the oldest and foremost problem in legal theory and allied subjects. (shrink)

With each novel infectious disease outbreak, there is scholarly attention to healthcare providers’ obligation to assume personal risk while they care for infected patients. While most agree that healthcare providers have a duty to assume some degree of risk, the extent of this obligation remains uncertain. Furthermore, these analyses rarely examine healthcare institutions’ obligations during these outbreaks. As a result, there is little practical guidance for healthcare institutions that are forced to weigh whether or when to exclude healthcare providers from (...) providing care or allow them to opt out from providing care to protect themselves. This article uses the COVID-19 pandemic to examine the concept of risk and the professional duties of both healthcare providers and healthcare institutions, and proposes a framework that can be used to make concrete institutional policy choices. This framework should be a useful tool for any hospital, clinic, or health agency that must make these choices during the current pandemic and beyond. (shrink)

My paper addresses a topic--the implications of Rawls's justice as fairness for affirmative action--that has received remarkably little attention from Rawls's major interpreters. The only extended treatments of it that are in print are over a quarter-century old, and they bear scarcely any relationship to Rawls's own nonideal theorizing. Following Christine Korsgaard's lead, I work through the implications of Rawls's nonideal theory and show what it entails for affirmative action: viz. that under nonideal conditions, aggressive forms of formal equality of (...) opportunity (e.g., sensitivity training, outreach efforts, external monitoring and enforcement) and compensating support (e.g., special fellowship programs, childcare facilities, mentoring, co-op opportunities, etc.) can be justified, but that "hard" and even "soft" quotas are difficult to defend under any conditions. I conclude the paper by exploring the implications of these surprising results for contemporary liberalism more broadly and for constitutional law and public policy. (shrink)

Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and resource exit from (...) dominating relationships within markets of all types, be they marital, labour, or residential. The substantial intervention and redistribution necessitated by such an approach make it leftist, while its tendency to work with rather than against the grain of markets makes it centrist. It is, in short, a contribution to progressive republican political thought, but one that is less social-democratic than market-democratic in character. (shrink)

The acceptability of sentences in natural language is constrained not only grammaticality, but also by the relationship between what is being conveyed and such factors as context and the beliefs of interlocutors. In many languages the critical element in a sentence (its focus) must be given grammatical prominence. There are different accounts of the nature of focus marking. Some researchers treat it as the grammatical realization of a potentially arbitrary feature of universal grammar and do not provide an explicit account (...) of its origins; others have argued, however, that focus marking is a (grammaticalized) functional solution to the problem of efficiently transmitting information via a noisy channel. By adding redundancy to highlight critical elements in particular, focus protects key parts of the message from noise. If this information‐theoretic account is true, then we should expect focus‐like behavior to emerge even in non‐linguistic communication systems given sufficient noise and pressures for efficiency. We tested this in an experiment in which participants played a simple communication game in which they had to click cells on a grid to communicate one of two line figures drawn across the grid. We manipulated the noise, available time, and required effort, and measured patterns of redundancy. Because the lines in many cases overlapped, meaning that only some parts of each line could be used to distinguish it from the other, we were able to compare the extent to which effort was expended on adding redundancy to critical (non‐overlapping) and non‐critical (overlapping) parts of the message. The results supported the information‐theoretic account of focus and shed light on the emergence of information structure in language. (shrink)

The republican tradition has long been ambivalent about markets and commercial society more generally: from the contrasting positions of Rousseau and Smith in the eighteenth century to recent neorepublican debates about capitalism, republicans have staked out diverse positions on fundamental issues of political economy. Rather than offering a systematic historical survey of these discussions, this chapter will instead focus on the leading neo-republican theory—that of Philip Pettit—and consider its implications for market society. As I will argue, Pettit’s theory is even (...) friendlier to markets than most have believed: far from condemning commercial society, his theory recognizes that competitive markets and their institutional preconditions are an alternative means to limit arbitrary power across the domestic, economic, and even political spheres. While most republican theorists have focused on political means to limit such power—including both constitutional means (e.g., separation of powers, judicial review, the rule of law, federalism) and participatory ones (democratic elections and oversight)—I will examine here an economic model of republicanism that can complement, substitute for, and at times displace the standard political model. Whether we look at spousal markets, labor markets, or residential markets within federal systems, state policies that heighten competition among their participants and resource exit from abusive relationships within them can advance freedom as non-domination as effectively or even more effectively than social-democratic approaches that have recently gained enthusiasts among republicans. These conclusions suggest that democracy, be it social or political, is just one means among others for restraining arbitrary power and is consequently less central to (certain versions of) republicanism than we may have expected. So long as they counteract domination, economic inroads into notionally democratic territory are no more worrisome than constitutional ones. (shrink)

Commercial republicanism is the idea that a properly-structured commercial society can serve the republican end of minimizing the domination of citizens by states (imperium) and of citizens by other citizens (dominium). Much has been written about this idea in the last half-century, including analyses of individual commercial republicans (e.g., Adam Smith and Immanuel Kant) as well as discussions of national traditions of the same (e.g., in America, Britain, France, the Netherlands, and Italy). In this chapter, I review five kinds of (...) arguments that have been historically offered for how commercial society so understood advances the republican ideal of non-domination: first, by simply realizing non-dominating relationships in the marketplace itself (Instantiation); second, by encouraging the growth of a wide middle class that can offer a counterweight to other, dominating classes (Internal Check-and-Balance); third, by increasing the wealth and power of republics vis-à-vis other, dominating states in the international arena (External Check-and-Balance); fourth, by helpfully nurturing bourgeois-civic virtues in republican citizens (Cultivating Virtue); and finally, by transforming dangerous passions into more readily regulable, even socially beneficial material interests (Sublimating Vice). I end the chapter by briefly considering commercial republicanism’s prospects as a continuing research program. (shrink)

It now seems technically feasible to culture human embryos beyond the “fourteen‐day limit,” which has the potential to increase scientific understanding of human development and perhaps improve infertility treatments. The fourteen‐day limit was adopted as a compromise but subsequently has been considered an ethical line. Does it remain relevant in light of technological advances permitting embryo maturation beyond it? Should it be changed and, if so, how and why? What justifications would be necessary to expand the limit, particularly given that (...) doing so would violate some people's moral commitments regarding human embryos? Robust stakeholder engagement preceded adoption of the fourteen‐day limit and should arguably be part of efforts to reassess it. Such engagement could also consider the need for enhanced oversight of human embryo research. In the meantime, developing and implementing reliable oversight systems should help foster high‐quality research and public confidence in it. (shrink)

Much has been written about recidivist punishments, particularly within the area of criminology. However there is a notorious lack of penal philosophical reflection on this issue. This book attempts to fill that gap by presenting the philosopher’s view on this matter as a way of furthering the debate on recidivist punishments.

It now seems technically feasible to culture human embryos beyond the “fourteen‐day limit,” which has the potential to increase scientific understanding of human development and perhaps improve infertility treatments. The fourteen‐day limit was adopted as a compromise but subsequently has been considered an ethical line. Does it remain relevant in light of technological advances permitting embryo maturation beyond it? Should it be changed and, if so, how and why? What justifications would be necessary to expand the limit, particularly given that (...) doing so would violate some people's moral commitments regarding human embryos? Robust stakeholder engagement preceded adoption of the fourteen‐day limit and should arguably be part of efforts to reassess it. Such engagement could also consider the need for enhanced oversight of human embryo research. In the meantime, developing and implementing reliable oversight systems should help foster high‐quality research and public confidence in it. (shrink)

A striking example is presented of a newly observed phenomenon in the ice‐covered Arctic Ocean that appears to be a consequence of changes in the physical forcing. In summer 2011, a massive phytoplankton bloom was observed north of the Bering Strait, between Russia and the United States, underneath pack ice that was a meter thick—in conditions previously thought to be inconducive for harboring such blooms. It is demonstrated that the changing ice cover, in concert with the resulting heat exchange between (...) the atmosphere and ocean, likely led to this paradigm shift at the base of the food chain by altering the supply of nutrients and sunlight. Such early‐season under‐ice blooms have the potential to profoundly alter the Arctic food web. (shrink)

Applied Christian Ethics addresses selected themes in Christian social ethics. Part one shows the roots of contributors in the realist school; part two focuses on different levels of the significance of economics for social justice; and part three deals with both existential experience and government policy in war and peace issues.

This edition of the Handbookfollows the first edition by 10 years.

Numerous labor-management issues possess ethical dimensions and pose ethical questions. In this article, the authors discuss four labor-management issues that present important contemporary problems: union organizing, labor-management negotiations, employee involvement programs, and union obligations of fair representation. In the authors view, labor and management too often view their ethical obligations as beginning and ending at the law''s boundaries. Contemporary business realities suggest that cooperative and enlightened modes of interaction between labor and management seem appropriate.

Rawls offers three arguments for the priority of liberty in Theory, two of which share a common error: the belief that once we have shown the instrumental value of the basic liberties for some essential purpose (e.g., securing self-respect), we have automatically shown the reason for their lexical priority. The third argument, however, does not share this error and can be reconstructed along Kantian lines: beginning with the Kantian conception of autonomy endorsed by Rawls in section 40 of Theory, we (...) can explain our highest-order interest in rationality, justify the lexical priority of all basic liberties, and reinterpret Rawls’ threshold condition for the application of the priority of liberty. Perhaps unsurprisingly, this Kantian reconstruction will not work within the radically different framework of Political Liberalism. (shrink)

It is a near truism of philosophy of language that sentences are prior to words--that they are the only things that fundamentally have meaning. Robert's Stainton's study interrogates this idea, drawing on a wide body of evidence to argue that speakers can and do use mere words, not sentences, to communicate complex thoughts.

This is the most important book on Hegel to have appeared in the past ten years. Robert Pippin offers a completely new interpretation of Hegel's idealism, which focuses on Hegel's appropriation and development of kant's theoretical project. Hegel is presented neither as a precritical metaphysician nor as a social theorist, but as a critical philosopher whose disagreements with Kant, especially on the issue of intuitions, enrich the idealist arguments against empiricism, realism and naturalism. In the face of the dismissal (...) of absolute idealism as either unintelligible or implausible, Pippin explains and defends an original account of the philosophical basis for Hegel's claims about the historical and social nature of selfconsciousness, and so of knowledge itself. (shrink)

This study examines the relationship between corporate diversification strategy and the pollution activity of subsidiaries within the U.S. chemical industry using TRI data (EPA's Toxic Release Inventory). The subsidiaries of conglomerates were found to exhibit higher pollution levels for direct emissions than those of firms pursuing more related diversification strategies. Additionally, the subsidiaries of conglomerates exhibited more variance in overall pollution emissions compared to related diversified firms.

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

The story of this book of 'materials on Ludwik Fleck' is also the story of the reception of Ludwik Fleck. In this volume, some essential materials which have been produced by that reception have been gathered together.

Historically, republicans were of different minds about markets: some, such as Rousseau, reviled them, while others, like Adam Smith, praised them. The recent republican resurgence has revived this issue. Classical liberals such as Gerald Gaus contend that neo-republicanism is inherently hostile to markets, while neo-republicans like Richard Dagger and Philip Pettit reject this characterization—though with less enthusiasm than one might expect. I argue here that the right republican attitude toward competitive markets is celebratory rather than acquiescent and that republicanism demands (...) such markets for the same reason it requires the rule of law: because both are essential institutions for protecting individuals from arbitrary interference. I reveal how competition restrains—and in the limit, even eradicates—market power and thereby helps us realize “market freedom,” i.e., freedom as non-domination in the context of economic exchange. Finally, I show that such freedom necessitates “Anglo-Nordic” economic policies. (shrink)

Research suggests political identity has strong influence over individuals’ attitudes and beliefs, which in turn can affect their behavior. Likewise, firsthand experience with an issue can also affect attitudes and beliefs. A large survey of Americans was analyzed to investigate the effects of both political identity and personal impact on individuals’ reactions to the COVID-19 pandemic. Results show that political identity and personal impact influenced the American public’s attitudes about and response to COVID-19. Consistent with prior research, political identity exerted (...) a strong influence on self-reports of emotional distress, threat perception, discomfort with exposure, support for restrictions, and perception of under/overreaction by individuals and institutions. The difference between Democrats and Republican responses were consistent with their normative value differences and with the contemporary partisan messaging. Personal impact exerted a comparatively weaker influence on reported emotional distress and threat perception. Both factors had a weak influence on appraisal of individual and government responses. The dominating influence of political identity carried over into the bivariate relations among these self-reported attitudes and responses. In particular, the appraisal of government response divided along party lines, tied to opposing views of whether there has been over- or under-reaction to the pandemic. The dominance of political identity has important implications for crisis management and reflects the influence of normative value differences between the parties, partisan messaging on the pandemic, and polarization in American politics. (shrink)