This paper examines the intersection of technical law and common sense reasoning in small claims arbitration, a distinctive and increasingly prevalent kind of legal work. Following (Garfinkel, Ethnomethodology’s program: Working out Durkheim’s aphorism, 2002), the study explores the “reform of technical reason” and what a “just outcome” means by focusing on the arbitration of actual small claims cases and how technical-legal and non-technical/informal resources are brought into alignment to produce dispute resolution. The arbitrator elicits discussions that establish consensual and commonplace (...) formulations of “the case,” formulations that foreshadow its disposition as technical matters of law. The research demonstrates how formal structures of equity, evenhandedness, and decisions without bias have their production in vivo, and how a just and fair course becomes a “just outcome.”. (shrink)

This paper explores how scientific knowledge is used in a criminal case. I examine materials from an admissibility hearing in a murder trial and discuss the dynamics of contesting expert scientific opinion and evidence. The research finds that a purported form of “science” in the relevant scientific community is filtered through, tested by, and subjected to legal standards, conceptions, and procedures for determining admissibility. The paper details how the opposing lawyers, the expert witness, and the judge vie to contingently work (...) out what will count in court as appropriate scientific authority, methods and evidence, and as a scientifically valid and legally admissible account of “reasonable fear.” When science becomes enmeshed in legal controversies, science does not trump law. Rather, it is the court’s canons of proper procedure and measures of substantive adequacy that take precedence. (shrink)

Although the criteria of double effect is usually used with issues of warfare and human health, such as abortion and euthanasia, the authors suggest using T. A. Cavanaugh's version of double effect reasoning when deliberating about cases that deal with the social media. With the creation of a modified version of Cavanaugh's three criteria, both social media users and those who evaluate decisions in that medium will have an alternate ethical decision-making model to use. The authors show how one might (...) use this model in the age of anytime, anywhere technology. (shrink)

BackgroundThe merits and drawbacks of moral relevance models of addiction have predominantly been discussed theoretically, without empirical evidence of these potential effects. This study develops and evaluates a novel survey measure for assessing moral evaluations of patient substance misuse (ME-PSM).MethodsThis measure was tested on 524 health professionals (i.e., physicians, nurses, and other health professionals) in California (n = 173), urban France (n = 102), and urban China (n = 249). Demographic factors associated with ME-PSM were investigated using analyses of variance (...) (ANOVAs) and t-tests, with results suggesting that ME-PSM is higher among younger health professionals, nurses (when compared with physicians and other health professionals), and Chinese health professionals (when compared with French and American health professionals).ResultsResults provide preliminary support for the psychometric quality of the survey measure introduced in this study, including the existence of a single latent structure and partial invariance of collected data across countries.ConclusionThe survey measure for ME-PSM which was developed and tested in the current study appears to hold potential utility for use as a measure of moral views of patient substance misuse. With development, this measure may be used to examine moral evaluations, both as factors of stigma and of other clinical factors associated with the treatment of patients with substance use disorders. (shrink)

Philosophical debates about the metaphysics of time typically revolve around two contrasting views of time. On the A-theory, time is something that itself undergoes change, as captured by the idea of the passage of time; on the B-theory, all there is to time is events standing in before/after or simultaneity relations to each other, and these temporal relations are unchanging. Philosophers typically regard the A-theory as being supported by our experience of time, and they take it that the B-theory clashes (...) with how we experience time and therefore faces the burden of having to explain away that clash. In this paper, we investigate empirically whether these intuitions about the experience of time are shared by the general public. We asked directly for people’s subjective reports of their experience of time—in particular, whether they believe themselves to have a phenomenology as of time’s passing—and we probed their understanding of what time’s passage in fact is. We find that a majority of participants do share the aforementioned intuitions, but interestingly a minority do not. (shrink)

It seems self-evident that people prefer painful experiences to be in the past and pleasurable experiences to lie in the future. Indeed, it has been claimed that, for hedonic goods, this preference is absolute (Sullivan, 2018). Yet very little is known about the extent to which people demonstrate explicit preferences regarding the temporal location of hedonic experiences, about the developmental trajectory of such preferences, and about whether such preferences are impervious to differences in the quantity of envisaged past and future (...) pain or pleasure. We find consistent evidence that, all else being equal, adults and children aged 7 and over prefer pleasure to lie in the future and pain in the past and believe that other people will too. They also predict that other people will be happier when pleasure is in the future rather than the past but sadder when pain is the future rather than the past. Younger children have the same temporal preferences as adults for their own painful experiences, but prefer their pleasure to lie in the past, and do not predict that others’ levels of happiness or sadness vary dependent on whether experiences lie in the past or the future. However, from the age of 7, temporal preferences were typically abandoned at the earliest opportunity when the quantity of past pain or pleasure was greater than the quantity located in the future. Past-future preferences for hedonic goods emerge early developmentally but are surprisingly flexible. (shrink)

Universal Human Rights brings new clarity to the important and highly contested concept of universal human rights. This collection of essays explores the foundations of universal human rights in four sections devoted to their nature, application, enforcement, and limits, concluding that shared rights help to constitute a universal human community, which supports local customs and separate state sovereignty. The eleven contributors to this volume demonstrate from their very different perspectives how human rights can help to bring moral order to an (...) otherwise divided world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 26.1 (2002) 157-172 [Access article in PDF] Symposium: On Ken Burns's "Jazz" Jazz: America's Classical Music? 1 Lee B. Brown I VIEWERS OF KEN BURNS'S third cultural epic "Jazz" probably fell into one of three categories. 2 Some found it gripping. Some found it grating. Some found it both at once.The series has unforgettable moments: spectacular jitterbug sequences; Jimmy Lunceford's horn men fanning their (...) trumpet bells with hat mutes in sync; the close-up of the whirring cross-hand drumming of Art Blakey; the bitter-sweet glance Billie Holiday and Lester Young exchange in their last filmed appearance together; the occasional marriage of visuals to music. One riveting three minutes comes when the talking heads tune out, a 78-rpm disk of Louis Armstrong's "West End Blues" is set spinning, and the thrilling notes pour out on a carousel of visual imagery—finally freeze-framing on the face of the young genius himself.On the downside, the series is massively repetitious. As a result of Burns's decision to track two major figures—Louis Armstrong and Duke Ellington—from cradle to grave, the same cuts of Armstrong appear again and again, no matter what the time frame. Some of the series' commentators are particularly annoying—the fiddler of Burns's Civil War series, Matt Glaser, for instance, with his fatuous theories [End Page 157] about Louis Armstrong and Albert Einstein. And the documentary's heavy load of social freight—by Wynton Marsalis, and his mentors Albert Murray and Stanley Crouch 3 —threatens to flatten the music.The series is designed as informative entertainment, not Jazz 101. But Burns pays a price here, as he did in his documentary about baseball, in which not even the basics of the game, let alone any of the subtleties, were explained. In "Jazz" we get no explanation of what Jelly Roll Morton did to transform ragtime into jazz. (The series could easily have pressed Morton himself into service. With no sacrifice of his considerable charm, Morton did explain it, beautifully, in his recorded Library of Congress interviews. 4) Although the swing era gets big billing, no attempt is made to explain how swing rhythm actually works, as contrasted with earlier practices. (I have watched swing drummer Panama Francis entertain a packed hall with a brief but riveting illustration of how it works.)As jazz history, the film also has problems. Some legendary figures are resurrected unconvincingly. When Marsalis tells us what the legendary trumpet player Buddy Bolden sounded like, the illustrative off-camera trumpet is Marsalis's, not Bolden's, who embedded not one note in a record groove. Further, we face the tiresomely obvious problem of omissions. We hear nothing of Albert Ayler, Keith Jarrett, Sun Ra, Mildred Bailey, Benny Carter, Lennie Tristano, Erroll Garner, Eric Dolphy, Art Pepper, or Woody Herman. All we learn about Bill Evans—whose influence on jazz piano was huge—is that Miles Davis hired him even though he was white. Omissions are inevitable, of course. But there is a muted pattern to the exclusions. It was impossible for the series to avoid Benny Goodman, given his central role in the swing era. But white figures are too often either ignored or treated as alienated outsiders. We hear New York Times columnist Margo Jefferson opine that Bix Beiderbecke drank himself to death because he wasn't allowed to play with black musicians. In fact, many of the greatest players—white and black—never played with musicians of their own caliber.Most figures covered in the film are treated either with respect or with reverence. But things get nasty when matters turn to avant-gardists. Thus, Branford Marsalis—Wynton's talented brother—singles out the volcanic pianist Cecil Taylor for a particularly hostile attack. 5 Instead of explaining what Ornette Coleman meant by "free jazz," Albert Murray tells us that jazz is, by definition, free music—and by implication, that Coleman's concept must be fatuous. And Wynton has complained [End Page 158] elsewhere about a jazz avant-garde retreat into what he calls "a... (shrink)

Part I Philosophic Traditions Introduction to Part I 3 1 Philosophy and the Afro-American Experience 7 CORNEL WEST 2 African-American Existential Philosophy 33 LEWIS R. GORDON 3 African-American Philosophy: A Caribbean Perspective 48 PAGET HENRY 4 Modernisms in Black 67 FRANK M. KIRKLAND 5 The Crisis of the Black Intellectual 87 HORTENSE J. SPILLERS Part II The Moral and Political Legacy of Slavery Introduction to Part II 107 6 Kant and Knowledge of Disappearing Expression 110 RONALD A. T. JUDY 7 (...) Social Contract Theory, Slavery, and the Antebellum Courts 125 ANITA L. ALLEN AND THADDEUS POPE 8 The Morality of Reparations II 134 BERNARD R. BOXILL Part III Africa and Diaspora Thought Introduction to Part III 151 9 “Afrocentricity‘: Critical Considerations 155 LUCIUS T. OUTLAW, JR. 10 African Retentions 168 TOMMY L. LOTT 11 African Philosophy at the Turn of the Century 190 ALBERT G. MOSLEY Part IV Gender, Race, and Racism Introduction to Part IV 199 12 Some Group Matters: Intersectionality, Situated Standpoints, and Black Feminist Thought 205 PATRICIA HILL COLLINS 13 Radicalizing Feminisms from “The Movement Era‘ 230 JOY A. JAMES 14 Philosophy and Racial Paradigms 239 NAOMI ZACK 15 Racial Classification and Public Policy 255 DAVID THEO GOLDBERG 16 White Supremacy 269 CHARLES W. MILLS Part V Legal and Social Philosophy Introduction to Part V 285 17 Self-Respect, Fairness, and Living Morally 293 LAURENCE M. THOMAS 18 The Legacy of Plessy v. Ferguson 306 MICHELE MOODY-ADAMS 19 Some Reflections on the Brown Decision and Its Aftermath 313 HOWARD McGARY 20 Contesting the Ambivalence and Hostility to Affirmative Action within the Black Community 324 LUKE C. HARRIS 21 Subsistence Welfare Benefits as Property Interests: Legal Theories and Moral Considerations 333 RUDOLPH V. VANTERPOOL 22 Racism and Health Care: A Medical Ethics Issue 349 ANNETTE DULA 23 Racialized Punishment and Prison Abolition 360 ANGELA Y. DAVIS Part VI Aesthetic and Cultural Values Introduction to Part VI 373 24 The Harlem Renaissance and Philosophy 381 LEONARD HARRIS 25 Critical Theory, Aesthetics, and Black Modernity 386 LORENZO C. SIMPSON 26 Black Cinema and Aesthetics 399 CLYDE R. TAYLOR 27 Thanatic Pornography, Interracial Rape, and the Ku Klux Klan 407 T. DENEAN SHARPLEY-WHITING 28 Lynching and Burning Rituals in African-American Literature 413 TRUDIER HARRIS-LOPEZ 29 Rap as Art and Philosophy 419 RICHARD SHUSTERMAN 30 Microphone Commandos: Rap Music and Political Ideology 429 BILL E. LAWSON 31 Sports, Political Philosophy, and the African American 436 GERALD EARLY. (shrink)

Li Zhi's iconoclastic interpretations of history, religion, literature, and social relations have fascinated Chinese intellectuals for centuries. His approach synthesized Confucian, Buddhist, and Daoist ethics and incorporated the Neo-Confucian idealism of such thinkers as Wang Yangming. The result was a series of heretical writings that caught fire among Li Zhi's contemporaries, despite an imperial ban on their publication, and intrigued Chinese audiences long after his death. Translated for the first time into English, Li Zhi's bold challenge to established doctrines will (...) captivate anyone curious about the origins of such subtly transgressive works as the sixteenth-century play _The Peony Pavilion_ or the eighteenth-century novel _Dream of the Red Chamber_. In _A Book to Burn and a Book to Keep _, Li Zhi confronts accepted ideas about gender, questions the true identity of history's heroes and villains, and offers his own readings of Confucius, Laozi, and the Buddha. Fond of vivid sentiment and sharp expression, Li Zhi made no distinction between high and low literary genres in his literary analysis. He refused to support sanctioned ideas about morality and wrote stinging social critiques. Li Zhi praised scholars who risked everything to expose extortion and misrule. In this sophisticated translation, English-speaking readers encounter the best of this heterodox intellectual's vital contribution to Chinese thought and culture. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Life as Dialogue:Remembering RogerHarry WellsI first met Roger when we both attended a colloquium on "Buddhist Thought and Culture" at the University of Montevello, Alabama, in April 1988. Roger read a paper that was thoroughly engaging, called "Becoming a Dialogian: How to do Buddhist-Christian Dialogue without Really Trying." At that point, I was hooked on getting to know this funny little man with a British accent who could deliver (...) an excellent reflection without being bothered by his occasional stammering.What struck me about Roger's paper was that it was meant to engage the one who heard it. It was written with a sense of interpretive transparency—a reflection on experience that was his own but also bigger than his own. It was one of those times where in hearing the account of his experience, one found one's own experience mirrored and affirmed. The paper was an autobiographical reflection on his journey into the interior ambiguity of interreligious dialogue, which at times can be very challenging when one tries truly to listen deeply to the visions of two distinct religious traditions. But his life was testament to the integrity of the journey and to an emergent overarching trust, or faith, that something very real and true was being birthed in the midst of it all.In the paper, which I use as an introductory essay for my Interreligious Dialogue course, he delightfully describes his boyhood "conversions" from one religious tradition to another in his own imagination as his pocket money purchases from Penguin Press "brought the world to my front door." One evening he emerges from his bedroom to inform his parents that he had become a Buddhist. "I had been reading all about it, I explained, and it was clear that I was already a Buddhist. It was as if I were remembering something from a past life. 'That's nice dear' commented my mother, 'have you finished your homework yet?' "He goes on to describe his theological studies, and his ever increasing grasp of, and being grasped by, the Eucharistic celebration. But he recounts:I was now in a quandary. Buddhism made sense to me, Meditation worked, and the Four Noble Truths seemed indeed to be true. But, now Christianity also made sense. In the Bible and the Mass some Power greater, more serene, and more loving than any other power I had known, was trying to contact me. Apparently, it was God, the same God, I presumed, that Buddhism denied.I did not know what to do, other than to be loyal somehow or another to what I had discovered, even though what I had discovered was self-contradictory. [End Page 157]The rest of the paper discusses his journey of that loyalty, becoming a Roman Catholic along the way, and later "the Buddhism erupted and demanded to be taken just as seriously as my Christianity."From that starting point twenty years ago, Roger and I shared our thoughts and reflections along the way at academic conferences and Buddhist-Christian dialogues. I always looked forward to hearing Roger speak, because he had a unique way of taking scholarship seriously by not being stuck in the mold of academic presentation. What I mean is this: Roger thoroughly researched what he was studying, but he is always studied for the engagement of life. As a result, his presentations were always lively in the best sense of that word—"alive," reflection seeking insight, and the "playful" embrace of living life within that insight.Here are some of the ways Roger impacted my life:• Roger taught me about "faith." He helped me learn to trust my experience of being compelled into interreligious experience, which takes immense effort and internal conflict initially but is a "burning in one's bones," to quote the prophet Jeremiah, for those called to be in that stance.• He taught me how to be a better teacher-scholar. He modeled for me the ability to present papers that were written to make a difference in the lives of those present, to connect with them in a way that led me and them to participate in insight as it was manifesting. Scholarship was... (shrink)

The first-person access to the self has been widely recognized by philosophers. But a competing idea arises, challenging the first-person givenness, from those who argue that self-interpretation and self-knowledge are acquired through the third-person perspective. I argue that these two dichotomous perspectives of the self can be mediated by the second-person perspective through dialogical semiosis of narrative. Peirce’s semiotic perspective on the self emphasizes the role of a semiotic subject that participates in sign processes as an interpreting agent. In this (...) sense, the concept of self is acquired through semiosis of narrative and at the same time it is interpreted in narrative world, taking the role of character. It is character which makes a person identifiable as a person, since character is not substance but quality as a recognized pattern or type through time, which becomes a habit of act and thought, thus forming personal identity. Within this context, I argue that from the first-person perspective a deliberate subject of self as “subjective I” and from the third-person perspective a dynamic object of self as “objective I” are mediated by the relationship between self and other as an imaginary relation in narrative world, just like an imaginary line of identity, connecting word with thing. From the second-person perspective, oneself as another forms teridentity (co-identity) in textual world. I shall illustrate the interlock between the semiotic self and narrative identity through Peirce’s semiotic approach to the self and Ricoeur’s theory of narrative identity, analyzing the filmic narrative text of Burning (2018). (shrink)

Daseok is a thinker who spent his whole life in searching out the principle of life for all the global citizens’ living together peacefully freed from the ‘absolute’ centripetal force of Europe. We are now at a juncture of drawing up a new grammar of life for living together in a pluralistic age where all kinds of ideologies and world religions should coexist intermingling with each other. Daseok, as a early thinker of the global village period, tried to search out (...) an alternative and integrative thought encompassing the thoughts of Daoism, Buddhism, Confucianism, and Christianity throughout his whole life. He thought that a clue for solvingsuch a problem on a world philosophy level can be found in the spiritual mind and heart, the nature‐friendly lifestyle, and the integrative thinking structure of Korean people, and in the convivial [mutually vivifying] grammar of Korean language. In his youth, Daseok felt the mystery of life within his own body and spirit. He came to know that ‘I’ as the body is connected to all the life forms and even to all the lifeless forms till now as one unity with them all, the very present ‘I’ being a frontier [an end point] of the cosmological life event. Then, he became awakened to the truth that this ‘I’ should become firewood of the life event for the continuation of the cosmological life cord, in one of whose threads being transmitted even to ‘myself’ without interruption. Afterwards, he came to interpret thephenomenon of life as “an event for the achievement of heavenly commandment through the burning up of one’s own body.” In such an achievement, according to him, we can and should become cosmological persons living a cosmological life of vivifying and serving everything between heaven and earth in communication with the transcendent and yet omnipresent Spirit of heaven. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 26.1 (2002) 157-172 [Access article in PDF] Symposium: On Ken Burns's "Jazz" Jazz: America's Classical Music? 1 Lee B. Brown I VIEWERS OF KEN BURNS'S third cultural epic "Jazz" probably fell into one of three categories. 2 Some found it gripping. Some found it grating. Some found it both at once.The series has unforgettable moments: spectacular jitterbug sequences; Jimmy Lunceford's horn men fanning their (...) trumpet bells with hat mutes in sync; the close-up of the whirring cross-hand drumming of Art Blakey; the bitter-sweet glance Billie Holiday and Lester Young exchange in their last filmed appearance together; the occasional marriage of visuals to music. One riveting three minutes comes when the talking heads tune out, a 78-rpm disk of Louis Armstrong's "West End Blues" is set spinning, and the thrilling notes pour out on a carousel of visual imagery—finally freeze-framing on the face of the young genius himself.On the downside, the series is massively repetitious. As a result of Burns's decision to track two major figures—Louis Armstrong and Duke Ellington—from cradle to grave, the same cuts of Armstrong appear again and again, no matter what the time frame. Some of the series' commentators are particularly annoying—the fiddler of Burns's Civil War series, Matt Glaser, for instance, with his fatuous theories [End Page 157] about Louis Armstrong and Albert Einstein. And the documentary's heavy load of social freight—by Wynton Marsalis, and his mentors Albert Murray and Stanley Crouch 3 —threatens to flatten the music.The series is designed as informative entertainment, not Jazz 101. But Burns pays a price here, as he did in his documentary about baseball, in which not even the basics of the game, let alone any of the subtleties, were explained. In "Jazz" we get no explanation of what Jelly Roll Morton did to transform ragtime into jazz. (The series could easily have pressed Morton himself into service. With no sacrifice of his considerable charm, Morton did explain it, beautifully, in his recorded Library of Congress interviews. 4) Although the swing era gets big billing, no attempt is made to explain how swing rhythm actually works, as contrasted with earlier practices. (I have watched swing drummer Panama Francis entertain a packed hall with a brief but riveting illustration of how it works.)As jazz history, the film also has problems. Some legendary figures are resurrected unconvincingly. When Marsalis tells us what the legendary trumpet player Buddy Bolden sounded like, the illustrative off-camera trumpet is Marsalis's, not Bolden's, who embedded not one note in a record groove. Further, we face the tiresomely obvious problem of omissions. We hear nothing of Albert Ayler, Keith Jarrett, Sun Ra, Mildred Bailey, Benny Carter, Lennie Tristano, Erroll Garner, Eric Dolphy, Art Pepper, or Woody Herman. All we learn about Bill Evans—whose influence on jazz piano was huge—is that Miles Davis hired him even though he was white. Omissions are inevitable, of course. But there is a muted pattern to the exclusions. It was impossible for the series to avoid Benny Goodman, given his central role in the swing era. But white figures are too often either ignored or treated as alienated outsiders. We hear New York Times columnist Margo Jefferson opine that Bix Beiderbecke drank himself to death because he wasn't allowed to play with black musicians. In fact, many of the greatest players—white and black—never played with musicians of their own caliber.Most figures covered in the film are treated either with respect or with reverence. But things get nasty when matters turn to avant-gardists. Thus, Branford Marsalis—Wynton's talented brother—singles out the volcanic pianist Cecil Taylor for a particularly hostile attack. 5 Instead of explaining what Ornette Coleman meant by "free jazz," Albert Murray tells us that jazz is, by definition, free music—and by implication, that Coleman's concept must be fatuous. And Wynton has complained [End Page 158] elsewhere about a jazz avant-garde retreat into what he calls "a... (shrink)

The face is the first thing that others notice and remember about a person. This is true for the severely facially burned patient, with disfigurement, impaired self-esteem and body image. They and others suffer from chronic devastating facial sequelae resulting from tumors, burns, or congenital malformations and trauma, e.g. ballistic injury to the face. Face transplantation is considered a way to restore eating, swallowing, and speech, and to reestablish esthetics.Alongside these vital bodily functions, the face plays a remarkable role (...) in a person’s identity. Societies place a high value on the face and this gives... (shrink)

In December 1998, two groups of scientists announced that they had successfully isolated and cultured human pluripotent stem cells. This news was greeted with both tremendous enthusiasm and concern. Because these cells can develop into most types of cells or tissues in the human body, they hold great promise for scientific research and medical advances. For example, stem cells can potentially be used to:Generate cells and tissues for transplantation and therapy for conditions such as Parkinson’s disease, spinal cord injury, stroke, (...) burns, heart disease, diabetes, and arthritis;Improve scientists’ understanding of the complex events that occur during normal human development, as well as the abnormal events which cause conditions such as birth defects and cancer; andSubstantially change the development and testing of drugs. New medications could be tested initially on stem cells, and only drugs which were safe and effective on the cells would be tested further on laboratory animals and humans. (shrink)

Burning fossil fuel in the North American continent contributes more to the CO2 global warming problem than in any other continent. The resulting climate changes are expected to alter food production. The overall changes in temperature, moisture, carbon dioxide, insect pests, plant pathogens, and weeds associated with global warming are projected to reduce food production in North America. However, in Africa, the projected slight rise in rainfall is encouraging, especially since Africa already suffers from severe shortages of rainfall. For all (...) regions, a reduction in fossil fuel burning is vital. Adoption of sound ecological resource management, especially soil and water conservation and the prevention of deforestation, is important. Together, these steps will benefit agriculture, the environment, farmers, and society as a whole. (shrink)

이 논문은 〈버닝〉이 궁극적으로 이른바 ‘벌거벗은 생명’이라는 문제의식을 20세기 세 주요 현상학자의 분석틀, 즉 조르조 아감벤의 ‘호모 사케르,’ 한나 아렌트의 ‘탄생성,’ 한스-게오르크 가다머의 ‘예술론’을 통해서 제시하고자 하는 시도이다. 우리 시대의 대표적인 청년층인 종수와 해미는 스펙도 변변치 못해 몸을 쓰는 일을 하며 비정규직을 전전하는 프리터족으로 살아간다. 이들은 자신의 젊음을 의미 없이 ‘버닝’하며 살아가는 것이다. 이창동은 영화 내내 우리 사회가 구조적 폭력에 짓눌리고 배제와 포용의 경계가 불분명한 시대에 봉착했음을 통렬히 보여준다. 급기야 정치적 행위로의 전환을 통해서 종수가 한국형 개츠비의 전형인 벤에 맞서는 장면을 (...) 영화의 마지막 부분에서 롱테이크로 잡아낸다. 영화는 종수가 벤을 ‘버닝’하는 데 집중하기보다는 마침내 소설을 쓸 수 있게 되는 사건을 더 중시한다. 종수가 소설을 쓰게 되는 변화의 순간은 한나 아렌트가 말한 ‘탄생성’이기도 하다. 그럼에도 이창동의 사회 인식이 ‘진지’와 ‘재미’라는 다분히 이원론적 평행구도를 고집함으로써 관객에게 그 어떤 실천의 가능성도 열어놓지 않았다는 점은 안타깝다. 이 연구에서 되물어야 할 질문은 영화에서뿐만 아니라 우리의 현실에서 모든 재미가 감각적 쾌락으로 귀결될 수밖에 없는가에 있다. 결론적으로 이 연구는 재미를 통한 의미의 세계가 충분히 가능하고, 이에 따른 심미적 범주의 즐거움을 누릴 수 있음에도 한국형 개츠비의 방만한 삶을 고발하는 데 역점을 두었다는 점을 비판했다. (shrink)

How do we understand the agency and significance of material forces and their interface with human bodies? What does it mean to be human in these times, with bodies that are inextricably interconnected with our physical world? Bodily Natures considers these questions by grappling with powerful and pervasive material forces and their increasingly harmful effects on the human body. Drawing on feminist theory, environmental studies, and the sciences, Stacy Alaimo focuses on trans-corporeality, or movement across bodies and nature, which (...) has profoundly altered our sense of self. By looking at a broad range of creative and philosophical writings, Alaimo illuminates how science, politics, and culture collide, while considering the closeness of the human body to the environment. (shrink)

By insisting on the importance of materiality, this volume breaks new ground in philosophy, feminist theory, cultural studies, science studies, and other fields where the body and nature collide.

Journal of Global Ethics, Volume 9, Issue 3, Page 293-310, December 2013.

I argue that judgments of what is ‘true in a fiction’ presuppose the Reality Assumption: the assumption that everything that is true is fictionally the case, unless excluded by the work. By contrast with the more familiar Reality Principle, the Reality Assumption is not a rule for inferring implied content from what is explicit. Instead, it provides an array of real-world truths that can be used in such inferences. I claim that the Reality Assumption is essential to our ability to (...) understand stories, drawing on a range of empirical evidence that demonstrates our reliance on it in narrative comprehension. However, the Reality Assumption has several unintuitive consequences, not least that what is fictionally the case includes countless facts that neither authors nor readers could ever consider. I argue that such consequences provide no reason to reject the Reality Assumption. I conclude that we should take fictions, like non-fictions, to be about the real world. (shrink)

Totalitarianism is perhaps unanimously regarded as one of the greatest political evils of the last century and has been the grounds for much of Anglo-American political theory since. Confucianism, meanwhile, has been gaining credibility in the past decades among sympathizers of democratic theory in spite of criticisms of it being anti-democratic or authoritarian. I consider how certain key concepts in the classical Confucian texts of the Mencius and the Xunzi might or might not be appropriated for ‘legitimising’ totalitarian regimes. Under (...) an Arendtian approach to understanding totalitarianism, it is precisely an unproblematised relation to a normative History and Nature that underlies the potential compatibility or incompatibility. I argue against a longstanding prejudice that if any form of Confucianism would be totalitarian, it would have to be Xunzian. Against this, I hope to show that if any form of Confucianism would be totalitarian, it might well be a naturalistic Mencian Confucianism instead of a constructivist Xunzian one. (shrink)

Overdiagnosis is an emerging problem in health policy and practice: we address its definition and ethical implications. We argue that the definition of overdiagnosis should be expressed at the level of populations. Consider a condition prevalent in a population, customarily labelled with diagnosis A. We propose that overdiagnosis is occurring in respect of that condition in that population when the condition is being identified and labelled with diagnosis A in that population ; this identification and labelling would be accepted as (...) correct in a relevant professional community; but the resulting label and/or intervention carries an unfavourable balance between benefits and harms. We identify challenges in determining and weighting relevant harms, then propose three central ethical considerations in overdiagnosis: the extent of harm done, whether harm is avoidable and whether the primary goal of the actor/s concerned is to benefit themselves or the patient, citizen or society. This distinguishes predatory, misdirected and tragic overdiagnosis; the degree of harm moderates the justifiability of each type. We end with four normative challenges: methods for adjudicating between professional standards and identifying relevant harms and benefits should be procedurally just; individuals, organisations and states are differently responsible for addressing overdiagnosis; overdiagnosis is a matter for distributive justice: the burdens of both overdiagnosis and its prevention could fall on the least-well-off; and communicating about overdiagnosis risks harming those unaware that they may have been overdiagnosed. These challenges will need to be addressed as the field develops. (shrink)

In Undomesticated Ground, Stacy Alaimo issues a bold call to reclaim nature as feminist space.

Statements about fictional characters, such as “Gregor Samsa has been changed into a beetle,” pose the problem of how we can say something true (or false) using empty names. I propose an original solution to this problem that construes such utterances as reports of the “prescriptions to imagine” generated by works of fiction. In particular, I argue that we should construe these utterances as specifying, not what we are supposed to imagine—the propositional object of the imagining—but how we are supposed (...) to imagine. Most other theories of thought and discourse about fictional characters either fail to capture the intentionality of our imaginings, or else obscure the differences between imaginings directed toward fictional characters and those directed toward real individuals. I argue that once we have an account of prescriptions to imagine about real individuals, we can adapt the same framework to specify the contents of prescriptions to imagine about fictional characters, and thereby to account for the truth (or falsity) of statements about fictional characters. (shrink)

In their forthcoming article, ‘What makes a medical intervention invasive?’ De Marco, Simons, and colleagues explore the meaning and usage of the term ‘invasive’ in medical contexts. They describe a ‘Standard Account’, drawn from dictionary definitions, which defines invasiveness as ‘incision of the skin or insertion of an object into the body’. They then highlight cases wherein invasiveness is employed in a manner that is inconsistent with this account (eg, in describing psychotherapy) to argue that the term invasiveness is often (...) used to explicitly or implicitly reference interventions that do not fall under the standard account. The authors offer an alternative ‘schematic’ definition of invasiveness, whereby medical interventions entail an underlying context-independent property of ‘basic invasiveness’ and may be understood both relative to each other and to a context-specific threshold of what is ‘invasive’.1 We propose that the meaning of terms such as ‘invasiveness’ is necessarily heterogeneous, and that what is implied by its usage will certainly depend on context, particularly in medical settings. Hence, the creation of a unifying definition is less critical than clarification of the implied and intended meanings of each instance of the term’s use. We further argue that interpreting the use of terms like ‘invasiveness’ in medical practice is complicated by the embedding of each use of this term in a different ‘language game’, whereby words and their meanings are understood by an in-group familiar with …. (shrink)

Standard theories define fiction in terms of an invited response of imagining or make-believe. I argue that these theories are not only subject to numerous counterexamples, they also fail to explain why classification matters to our understanding and evaluation of works of fiction as well as non-fiction. I propose instead that we construe fiction and non-fiction as genres: categories whose membership is determined by a cluster of nonessential criteria, and which play a role in the appreciation of particular works. I (...) claim that this proposal captures the intuitions motivating alternative theories of fiction. (shrink)

The currently standard approach to fiction is to define it in terms of imagination. I have argued elsewhere that no conception of imagining is sufficient to distinguish a response appropriate to fiction as opposed to non-fiction. In her contribution Kathleen Stock seeks to refute this objection by providing a more sophisticated account of the kind of propositional imagining prescribed by so-called ‘fictive utterances’. I argue that although Stock's proposal improves on other theories, it too fails to provide an adequate criterion (...) of fictionality. I conclude by sketching an alternative account according to which fiction is a genre. (shrink)

Are counterfactuals with true antecedents and consequents automatically true? That is, is Conjunction Conditionalization: if (X & Y), then (X > Y) valid? Stalnaker and Lewis think so, but many others disagree. We note here that the extant arguments for Conjunction Conditionalization are unpersuasive, before presenting a family of more compelling arguments. These arguments rely on some standard theorems of the logic of counterfactuals as well as a plausible and popular semantic claim about certain semifactuals. Denying Conjunction Conditionalization, then, requires (...) rejecting other aspects of the standard logic of counterfactuals, or else our intuitive picture of semifactuals. (shrink)

False consciousness requires a general explanation for why, and how, oppressed individuals believe propositions against, as opposed to aligned with, their own well-being in virtue of their oppressed status. This involves four explanatory desiderata: belief acquisition, content prevalence, limitation, and systematicity. A social constructionist approach satisfies these by understanding the concept of false consciousness as regulating social research rather than as determining the exact mechanisms for all instances: the concept attunes us to a complex of mechanisms conducing oppressed individuals to (...) mistake social understandings of themselves as natural self-understandings—the limits lie where these overlap (sometimes), or are entirely absent. (shrink)