Title: Just doctoring: medical ethics in the liberal state 
Author: Brennan, Troyen A
Published: University of California Press,  1991
Subjects: Philosophy | Ethics | Medicine
Publisher's Description: Just Doctoring draws the doctor-patient relationship out of the consulting room and into the middle of the legal and political arenas where it more and more frequently appears. Traditionally, medical ethics has focused on the isolated relationship of physician to patient in a setting that has left the physician virtually untouched by market constraints or government regulation. Arguing that changes in health care institutions and legal attention to patient rights have made conventional approaches obsolete, Troyen Brennan points the way to a new, more aware and engaged medical ethics.The medical profession is no longer isolated, even theoretically, from the liberal, market-dominated state. Old ideas of physician beneficence and altruism must make way for a justice-based medical ethics, assuming a relationship between equals more compatible with liberal political philosophy. Brennan offers clinical examples of many of today's most challenging medical problems - from informed consent to care rationing and the repercussions of the HIV epidemic - and gives his recommendation for a new ethical perspective. This lively and controversial plea for a rethinking of medical ethics goes right to the heart of medical care at the end of the twentieth century.   [brief]
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Title: Residues of justice: literature, law, philosophy 
Author: Dimock, Wai-chee 1953-
Published: University of California Press,  1996
Subjects: Literature | Literary Theory and Criticism | American Studies | Law | Philosophy
Publisher's Description: In this arresting book, Wai Chee Dimock takes on the philosophical tradition from Kant to Rawls, challenging its conception of justice as foundational, self-evident, and all-encompassing. The idea of justice is based on the premise that the world can be resolved into commensurate terms: punishment equal to the crime, redress equal to the injury, benefit equal to the desert. Dimock focuses, however, on what remains unexhausted, unrecovered, and noncorresponding in the exercise of justice. To honor these "residues," she turns to literature, which, in its linguistic density, transposes the clean abstractions of law and philosophy into persistent shadows, the abiding presence of the incommensurate. Justice can only be a partial answer to the phenomenon of human conflict.In arguing for justice as an incomplete virtue, Dimock draws upon legal history, political philosophy, linguistics, theology, and feminist theory; she discusses Aristotle and Augustine, Locke and Luther, Marx and Durkheim, Michael Sandel and Carol Gilligan, Noam Chomsky and Mary Ann Glendon. She also examines an unusual configuration of nineteenth-century American authors, pairing figures such as Herman Melville and Rebecca Harding Davis, Walt Whitman and Susan Warner.The result is a book both passionate and scholarly. It invites us to rethink the meanings of literature, law, and philosophy, and to imagine a language of community more supple and more nuanced than the language of justice.   [brief]
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Title: Insight and solidarity: a study in the discourse ethics of Jürgen Habermas
Author: Rehg, William
Published: University of California Press,  1997
Subjects: Philosophy | Law | Politics
Publisher's Description: Discourse ethics represents an exciting new development in neo-Kantian moral theory. William Rehg offers an insightful introduction to its complex theorization by its major proponent, Jürgen Habermas, and demonstrates how discourse ethics allows one to overcome the principal criticisms that have been leveled against neo-Kantianism.Addressing both "commun-itarian" critics who argue that universalist conceptions of justice sever moral deliberation from community traditions, and feminist advocates of the "ethics of care" who stress the moral significance of caring for other individuals, Rehg shows that discourse ethics combines impartiality with solidarity. He provides the first systematic reconstruction of Habermas's theory and explores its relationship to the work of such contemporary philosophers as Charles Taylor. His book articulates a bold alternative to the split between the "right" and the "good" in moral theory and will greatly interest philosophers, social and legal scholars, and political theorists.   [brief]
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Title: Modernity and the hegemony of vision
Author: Levin, David Michael 1939-
Published: University of California Press,  1993
Subjects: Philosophy | Literature | Ethics
Publisher's Description: This collection of original essays by preeminent interpreters of continental philosophy explores the question of whether Western thought and culture have been dominated by a vision-centered paradigm of knowledge, ethics, and power. It focuses on the character of vision in modern philosophy and on arguments for and against the view that contemporary life and thought are distinctively "ocularcentric." The authors examine these ideas in the context of the history of philosophy and consider the character of visual discourse in the writings of Plato, Descartes, Hegel, Nietzsche, Husserl, Heidegger, Benjamin, Sartre, Merleau-Ponty, Levinas, Derrida, Foucault, Gadamer, Wittgenstein, and Habermas. With essays on television, the visual arts, and feminism, the book will interest readers in cultural studies, gender studies, and art history as well as philosophers.   [brief]
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Title: Gypsy law: Romani legal traditions and culture
Author: Weyrauch, Walter O. (Walter Otto) 1919-
Published: University of California Press,  2001
Subjects: Law | Cultural Anthropology | Ethnic Studies | Sociology | European Studies | Political Theory
Publisher's Description: Approximately one thousand years ago Gypsies, or Roma, left their native India. Today Gypsies can be found in countries throughout the world, their distinct culture still intact in spite of the intense persecution they have endured. This authoritative collection brings together leading Gypsy and non-Gypsy scholars to examine the Romani legal system, an autonomous body of law based on an oral tradition and existing alongside dominant national legal networks. For centuries the Roma have survived by using defensive strategies, especially the absolute exclusion of gadje (non-Gypsies) from their private lives, their values, and information about Romani language and social institutions. Sexuality, gender, and the body are fundamental to Gypsy law, with rules that govern being pure (vujo) or impure (marime) . Women play an important role in maintaining legal customs, having the power to sanction and to contaminate, but they are not directly involved in legal proceedings. These essays offer a comparative perspective on Romani legal procedures and identity, including topics such as the United States' criminalization of many aspects of Gypsy law, parallels between Jewish and Gypsy law, and legal distinctions between Romani communities. The contributors raise broad theoretical questions that transcend the specific Gypsy context and offer important insights into understanding oral legal traditions. Together they suggest a theoretical framework for explaining the coexistence of formal and informal law within a single legal system. They also highlight the ethical dilemmas encountered in comparative law research and definitions of "human rights."   [brief]
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Title: Rethinking the borderlands: between Chicano culture and legal discourse 
Author: Gutiérrez-Jones, Carl Scott
Published: University of California Press,  1995
Subjects: American Studies | Chicano Studies | Literature | Language and Linguistics | Law | Social and Political Thought | Rhetoric | Postcolonial Studies | United States History | United States History
Publisher's Description: Challenging the long-cherished notion of legal objectivity in the United States, Carl Gutiérrez-Jones argues that Chicano history has been consistently shaped by racially biased, combative legal interactions. Rethinking the Borderlands is an insightful and provocative exploration of the ways Chicano and Chicana artists, writers, musicians, and filmmakers engage this history in order to resist the disenfranchising effects of legal institutions, including the prison and the court.Gutiérrez-Jones examines the process by which Chicanos have become associated with criminality in both our legal institutions and our mainstream popular culture and thereby offers a new way of understanding minority social experience. Drawing on gender studies and psychoanalysis, as well as critical legal and race studies, Gutiérrez-Jones's approach to the law and legal discourse reveals the high stakes involved when concepts of social justice are fought out in the home, in the workplace and in the streets.   [brief]
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Title: Justice and the human genome project 
Author: Murphy, Timothy F 1955-
Published: University of California Press,  1994
Subjects: Philosophy | Ethics | Biology | Medicine
Publisher's Description: The Human Genome Project is an expensive, ambitious, and controversial attempt to locate and map every one of the approximately 100,000 genes in the human body. If it works, and we are able, for instance, to identify markers for genetic diseases long before they develop, who will have the right to obtain such information? What will be the consequences for health care, health insurance, employability, and research priorities? And, more broadly, how will attitudes toward human differences be affected, morally and socially, by the setting of a genetic "standard"?The compatibility of individual rights and genetic fairness is challenged by the technological possibilities of the future, making it difficult to create an agenda for a "just genetics." Beginning with an account of the utopian dreams and authoritarian tendencies of historical eugenics movements, this book's nine essays probe the potential social uses and abuses of detailed genetic information. Lucid and wide-ranging, these contributions will provoke discussion among bioethicists, legal scholars, and policy makers.   [brief]
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Title: Earth's insights: a survey of ecological ethics from the Mediterranean basin to the Australian outback
Author: Callicott, J. Baird
Published: University of California Press,  1997
Subjects: Philosophy | Anthropology | Ethics | Ecology
Publisher's Description: The environmental crisis is global in scope, yet contemporary environmental ethics is centered predominantly in Western philosophy and religion. Earth's Insights widens the scope of environmental ethics to include the ecological teachings embedded in non-Western worldviews. J. Baird Callicott ranges broadly, exploring the sacred texts of Islam, Hinduism, Jainism, Taoism, Confucianism, and Zen Buddhism, as well as the oral traditions of Polynesia, North and South America, and Australia. He also documents the attempts of various peoples to put their environmental ethics into practice. Finally, he wrestles with a question of vital importance to all people sharing the fate of this small planet: How can the world's many and diverse environmental philosophies be brought together in a complementary and consistent whole?   [brief]
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Title: The temptations of evolutionary ethics 
Author: Farber, Paul Lawrence 1944-
Published: University of California Press,  1994
Subjects: Philosophy | History | Ethics | History and Philosophy of Science
Publisher's Description: Evolutionary theory tells us about our biological past; can it also guide us to a moral future? Paul Farber's compelling book describes a century-old philosophical hope held by many biologists, anthropologists, psychologists, and social thinkers: that universal ethical and social imperatives are built into human nature and can be discovered through knowledge of evolutionary theory.Farber describes three upsurges of enthusiasm for evolutionary ethics. The first came in the early years of mid-nineteenth century evolutionary theories; the second in the 1920s and '30s, in the years after the cultural catastrophe of World War I; and the third arrived with the recent grand claims of sociobiology to offer a sound biological basis for a theory of human culture.Unlike many who have written on evolutionary ethics, Farber considers the responses made by philosophers over the years. He maintains that their devastating criticisms have been forgotten - thus the history of evolutionary ethics is essentially one of oft-repeated philosophical mistakes.Historians, scientists, social scientists, and anyone concerned about the elusive basis of selflessness, altruism, and morality will welcome Farber's enlightening book.   [brief]
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Title: Aristotle on the goals and exactness of ethics 
Author: Anagnostopoulos, Georgios
Published: University of California Press,  1994
Subjects: Philosophy | Classical Philosophy
Publisher's Description: Philosophers as diverse as Socrates, Plato, Spinoza, and Rawls have sometimes argued that ethics can be an exact discipline whose propositions can match the exactness we associate with mathematics. Yet for Aristotle, knowledge of ethical matters is essentially inexact, and his perceptive criticisms of the Socratic-Platonic ideal of ethical knowledge and its metaphysical presuppositions remain of enduring interest to contemporary moral theorists.Georgios Anagnostopoulos offers the most systematic and comprehensive critical examination to date of Aristotle's views on the exactness of ethics. Combining rigorous philosophical argument and close analysis of the philosopher's treatises on human conduct, he gives form to Aristotle's belief that knowledge of matters of conduct, not unlike knowledge of most natural phenomena, can never be free of certain kinds of inexactness. He concludes that according to Aristotle, ethics constitutes a mode of knowledge that is neither totally nondemonstrative on account of its inexactness nor free of the important epistemological difficulties common to all nonmathematical disciplines.   [brief]
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Title: What justice? whose justice?: fighting for fairness in Latin America
Author: Eckstein, Susan 1942-
Published: University of California Press,  2003
Subjects: Sociology | Economics and Business | Conservation | Latin American Studies | Politics | Postcolonial Studies | Anthropology | Social Problems
Publisher's Description: The new millennium began with the triumph of democracy and markets. But for whom is life just, how so, and why? And what is being done to correct persisting injustices? Blending macro-level global and national analysis with in-depth grassroots detail, the contributors highlight roots of injustices, how they are perceived, and efforts to alleviate them. Following up on issues raised in the groundbreaking best-seller Power and Popular Protest: Latin American Social Movements (California, 2001), these essays elucidate how conceptions of justice are socially constructed and contested and historically contingent, shaped by people's values and institutionally grounded in real-life experiences. The contributors, a stellar coterie of North and Latin American scholars, offer refreshing new insights that deepen our understanding of social justice as ideology and practice.   [brief]
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Title: Being human: ethics, environment, and our place in the world
Author: Peterson, Anna Lisa 1963-
Published: University of California Press,  2001
Subjects: Religion | Folklore and Mythology | Environmental Studies | Philosophy
Publisher's Description: Being Human examines the complex connections among conceptions of human nature, attitudes toward non-human nature, and ethics. Anna Peterson proposes an "ethical anthropology" that examines how ideas of nature and humanity are bound together in ways that shape the very foundations of cultures. Peterson discusses mainstream Western understandings of what it means to be human, as well as alternatives to these perspectives, and suggests that the construction of a compelling, coherent environmental ethics will revise our ideas not only about nature but also about what it means to be human.   [brief]
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Title: The making of fornication: eros, ethics, and political reform in Greek philosophy and early Christianity
Author: Gaca, Kathy L
Published: University of California Press,  2003
Subjects: Classics | Classical Philosophy | Classical Religions | Classical Politics | Christianity | Ethics | Social and Political Thought | Ancient History | Intellectual History
Publisher's Description: This provocative work provides a radical reassessment of the emergence and nature of Christian sexual morality, the dominant moral paradigm in Western society since late antiquity. While many scholars, including Michel Foucault, have found the basis of early Christian sexual restrictions in Greek ethics and political philosophy, Kathy L. Gaca demonstrates on compelling new grounds that it is misguided to regard Greek ethics and political theory - with their proposed reforms of eroticism, the family, and civic order - as the foundation of Christian sexual austerity. Rather, in this thoroughly informed and wide-ranging study, Gaca shows that early Christian goals to eradicate fornication were derived from the sexual rules and poetic norms of the Septuagint, or Greek Bible, and that early Christian writers adapted these rules and norms in ways that reveal fascinating insights into the distinctive and largely non-philosophical character of Christian sexual morality. Writing with an authoritative command of both Greek philosophy and early Christian writings, Gaca investigates Plato, the Stoics, the Pythagoreans, Philo of Alexandria, the apostle Paul, and the patristic Christians Clement of Alexandria, Tatian, and Epiphanes, freshly elucidating their ideas on sexual reform with precision, depth, and originality. Early Christian writers, she demonstrates, transformed all that they borrowed from Greek ethics and political philosophy to launch innovative programs against fornication that were inimical to Greek cultural mores, popular and philosophical alike. The Septuagint's mandate to worship the Lord alone among all gods led to a Christian program to revolutionize Gentile sexual practices, only for early Christians to find this virtually impossible to carry out without going to extremes of sexual renunciation. Knowledgeable and wide-ranging, this work of intellectual history and ethics cogently demonstrates why early Christian sexual restrictions took such repressive ascetic forms, and casts sobering light on what Christian sexual morality has meant for religious pluralism in Western culture, especially among women as its bearers.   [brief]
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Title: Public health law and ethics: a reader
Author: Gostin, Larry O. (Larry Ogalthorpe)
Published: University of California Press,  2002
Subjects: Law | Medicine | Health Care
Publisher's Description: This incisive selection of government reports, scholarly articles, and court cases is designed to illuminate the ethical, legal, and political issues in the theory and practice of public health. A companion to the internationally acclaimed Public Health Law: Power, Duty, Restraint, this collection encourages debate and discourse about how courts, scholars, and policy makers respond to the salient legal and ethical dilemmas. The excerpts and commentaries in the reader analyze the legal and constitutional foundations of public health, juxtaposing them with the emerging importance of public health ethics and human rights. The book offers a systematic account of public health law, ethics, and human rights in promoting the common good. Gostin provides thoughtful commentary on the field of public health and carefully explains the meaning and importance of each selection. Scholars, legislators, and public health professionals, as well as faculty and students in schools of law, public health, medicine, nursing, government, and health administration, will benefit from the contemporary case studies covering a wide range of topics from bioterrorism to public health genetics.   [brief]
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Title: Songs without music: aesthetic dimensions of law and justice
Author: Manderson, Desmond
Published: University of California Press,  2000
Subjects: Law | Philosophy | Ethics | Social and Political Thought | Intellectual History
Publisher's Description: In this pathbreaking and provocative analysis of the aesthetics of law, the historian, legal theorist, and musician Desmond Manderson argues that by treating a text, legal or otherwise, as if it were merely a sequence of logical propositions, readers miss its formal and symbolic meanings. Creatively using music as a model, he demonstrates that law is not a sterile, rational structure, but a cultural form to be valued and enhanced through rhetoric and metaphors, form, images, and symbols. To further develop this argument, the book is divided into chapters, each of which is based on a different musical form. Law, for Manderson, should strive for neither coherence nor integrity. Rather, it is imperfectly realized, constantly reinterpreted, and always in flux. Songs without Music is written in an original, engaging, and often humorous style, and exhibits a deep knowledge of both law and music. It successfully traverses several disciplines and builds an original and persuasive argument for a legal aesthetic. The book will appeal to a broad readership in law, political theory, literary criticism, and cultural studies.   [brief]
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Title: The problems of a political animal: community, justice, and conflict in Aristotelian political thought
Author: Yack, Bernard 1952-
Published: University of California Press,  1993
Subjects: Politics | Philosophy | Political Theory | Social and Political Thought | Social Theory
Publisher's Description: A bold new interpretation of Aristotelian thought is central to Bernard Yack's provocative new book. He shows that for Aristotle, community is a conflict-ridden fact of everyday life, as well as an ideal of social harmony and integration. From political justice and the rule of law to class struggle and moral conflict, Yack maintains that Aristotle intended to explain the conditions of everyday political life, not just, as most commentators assume, to represent the hypothetical achievements of an idealistic "best regime."By showing how Aristotelian ideas can provide new insight into our own political life, Yack makes a valuable contribution to contemporary discourse and debate. His work will excite interest among a wide range of social, moral, and political theorists.   [brief]
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Title: Hegel's ethics of recognition
Author: Williams, Robert R 1939-
Published: University of California Press,  1998
Subjects: Philosophy | Ethics
Publisher's Description: In this significant contribution to Hegel scholarship, Robert Williams develops the most comprehensive account to date of Hegel's concept of recognition ( Anerkennung ). Fichte introduced the concept of recognition as a presupposition of both Rousseau's social contract and Kant's ethics. Williams shows that Hegel appropriated the concept of recognition as the general pattern of his concept of ethical life, breaking with natural law theory yet incorporating the Aristotelian view that rights and virtues are possible only within a certain kind of community.He explores Hegel's intersubjective concept of spirit ( Geist ) as the product of affirmative mutual recognition and his conception of recognition as the right to have rights. Examining Hegel's Jena manuscripts, his Philosophy of Right , the Phenomenology of Spirit , and other works, Williams shows how the concept of recognition shapes and illumines Hegel's understandings of crime and punishment, morality, the family, the state, sovereignty, international relations, and war. A concluding chapter on the reception and reworking of the concept of recognition by contemporary thinkers including Derrida, Levinas, and Deleuze demonstrates Hegel's continuing centrality to the philosophical concerns of our age.   [brief]
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Title: Crime, cultural conflict, and justice in rural Russia, 1856-1914
Author: Frank, Stephen 1955-
Published: University of California Press,  1999
Subjects: History | Russian and Eastern European Studies | Cultural Anthropology | Social Problems | European History | Law | Criminology
Publisher's Description: This book is the first to explore the largely unknown world of rural crime and justice in post-emancipation Imperial Russia. Drawing upon previously untapped provincial archives and a wealth of other neglected primary material, Stephen P. Frank offers a major reassessment of the interactions between peasantry and the state in the decades leading up to World War I. Viewing crime and punishment as contested metaphors about social order, his revisionist study documents the varied understandings of criminality and justice that underlay deep conflicts in Russian society, and it contrasts official and elite representations of rural criminality - and of peasants - with the realities of everyday crime at the village level.   [brief]
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Title: Downcast eyes: the denigration of vision in twentieth-century French thought
Author: Jay, Martin 1944-
Published: University of California Press,  1993
Subjects: Philosophy | Intellectual History | French Studies | Literary Theory and Criticism | Art Theory
Publisher's Description: Long considered "the noblest of the senses," vision has increasingly come under critical scrutiny by a wide range of thinkers who question its dominance in Western culture. These critics of vision, especially prominent in twentieth-century France, have challenged its allegedly superior capacity to provide access to the world. They have also criticized its supposed complicity with political and social oppression through the promulgation of spectacle and surveillance.Martin Jay turns to this discourse surrounding vision and explores its often contradictory implications in the work of such influential figures as Jean-Paul Sartre, Maurice Merleau-Ponty, Michel Foucault, Jacques Lacan, Louis Althusser, Guy Debord, Luce Irigaray, Emmanuel Levinas, and Jacques Derrida. Jay begins with a discussion of the theory of vision from Plato to Descartes, then considers its role in the French Enlightenment before turning to its status in the culture of modernity. From consideration of French Impressionism to analysis of Georges Bataille and the Surrealists, Roland Barthes's writings on photography, and the film theory of Christian Metz, Jay provides lucid and fair-minded accounts of thinkers and ideas widely known for their difficulty.His book examines the myriad links between the interrogation of vision and the pervasive antihumanist, antimodernist, and counter-enlightenment tenor of much recent French thought. Refusing, however, to defend the dominant visual order, he calls instead for a plurality of "scopic regimes." Certain to generate controversy and discussion throughout the humanities and social sciences, Downcast Eyes will consolidate Jay's reputation as one of today's premier cultural and intellectual historians.   [brief]
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Title: Lawyers, lawsuits, and legal rights: the battle over litigation in American society 
Author: Burke, Thomas Frederick
Published: University of California Press,  2002
Subjects: Politics | Law
Publisher's Description: Lawsuits over coffee burns, playground injuries, even bad teaching: litigation "horror stories" create the impression that Americans are greedy, quarrelsome, and sue-happy. The truth, as this book makes clear, is quite different. What Thomas Burke describes in Lawyers, Lawsuits, and Legal Rights is a nation not of litigious citizens, but of litigious policies - laws that promote the use of litigation in resolving disputes and implementing public policies. This book is a cogent account of how such policies have come to shape public life and everyday practices in the United States. As litigious policies have proliferated, so have struggles to limit litigation - and these struggles offer insight into the nation's court-centered public policy style. Burke focuses on three cases: the effort to block the Americans with Disabilities Act; an attempt to reduce accident litigation by creating a no-fault auto insurance system in California; and the enactment of the Vaccine Injury Compensation Act. These cases suggest that litigious policies are deeply rooted in the American constitutional tradition. Burke shows how the diffuse, divided structure of American government, together with the anti-statist ethos of American political culture, creates incentives for political actors to use the courts to address their concerns. The first clear and comprehensive account of the national politics of litigation, his work provides a new way to understand and address the "litigiousness" of American society.   [brief]
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