Posthuman Ethics : Embodiment and Cultural Theory

Total Page:16

File Type:pdf, Size:1020Kb

Posthuman Ethics : Embodiment and Cultural Theory Posthuman Ethics Embodiment and Cultural Theory Patricia MacCormack POSTHUMAN ETHICS For my real life Watcher, Gabriel Shinari. Posthuman Ethics Embodiment and Cultural Theory PATRICIA MACCORMACK Anglia Ruskin University, UK © Patricia MacCormack 2012 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. Patricia MacCormack has asserted her right under the Copyright, Designs and Patents Act, 1988, to be identified as the author of this work. Published by Ashgate Publishing Limited Ashgate Publishing Company Wey Court East Suite 420 Union Road 101 Cherry Street Farnham Burlington Surrey, GU9 7PT VT 05401-4405 England USA www.ashgate.com British Library Cataloguing in Publication Data MacCormack, Patricia. Posthuman ethics : embodiment and cultural theory. 1. Human body (Philosophy) 2. Humanistic ethics. I. Title 128-dc23 Library of Congress Cataloging-in-Publication Data MacCormack, Patricia. Posthuman ethics : embodiment and cultural theory / by Patricia MacCormack. p. cm. Includes bibliographical references and index. ISBN 978-1-4094-3454-2 -- ISBN 978-1-4094-3455-9 (ebook) 1. Ethics, Modern--21st century. 2. Philosophical anthropology. I. Title. BJ320.M33 2012 170--dc23 2012019360 ISBN 9781409434542 (hbk) ISBN 9781409434559 (ebk-PDF) ISBN 9781409471783 (ebk-ePUB) III Printed and bound in Great Britain by the MPG Books Group, UK. Contents Acknowledgements vii 1 Posthuman Ethics 1 2 The Great Ephemeral Tattooed Skin 19 3 Art: Inhuman Ecstasy 43 4 Animalities: Ethics and Absolute Abolition 57 5 The Wonder of Teras 79 6 Mystic Queer 101 7 Vitalistic Ethics: An End to Necrophilosophy 115 Epilogue: After Life 139 Bibliography 149 Index 157 This page has been left blank intentionally Acknowledgements This book has been developed across many lands with the assistance of many inspiring people. My thanks to Rosi Braidotti, Angel Phoenix Burnette, Steve Andrew Cain, Carrie, Damien Cody, Felicity Colman, Maria Desposito, Mark Ferelli, Fitzy Fitzpatrick, Colin Gardner, Noreen Giffney, Phil Hine, renee hoogland, Jane, Neil Jordan, James Lowry, Katalin Lowry, Jacinta MacCormack, Ruth McPhee, Tony Moleta, Christina Oakley-Harrington, Michael O’Rourke, David Rischmiller, David Rodowick, Ester Segarra, Ivana Selebran, Charlie Stivale, Leon Tencer, Mark Tudor-Williams, Alexy Unku, Nigel Wingrove, Barbie Wilde, to the memories of Lizzie and Charlotte, and to the shining James Fowler. This page has been left blank intentionally Chapter 1 Posthuman Ethics Posthuman theory asks in various ways what it means to be human in a time where philosophy has become suspicious of claims about human subjectivity. Those subjects who were historically considered aberrant and our future lives becoming increasingly hybrid show we have always been and are continuously transforming into posthumans. What are the ethical considerations of thinking the posthuman? Posthuman Ethics asks not what the posthuman is, but how posthuman theory creates new, imaginative ways of understanding relations between lives. Ethics is a practice of activist, adaptive and creative interaction which avoids claims to overarching moral structures. Inherent in thinking posthuman ethics is the status of bodies as the site of lives inextricable from philosophy, thought, experiments in being and fantasies of the future. Posthuman Ethics examines certain kinds of bodies to think new relations that offer liberty and a contemplation of the practices of power which have been exerted upon bodies. The privileged site of Posthuman Ethics is historically and philosophically the oppressed site of life which does not register as entirely viable within humanist operations of knowledge, power and majoritarian systems. Michel Foucault states: ‘I wonder whether, before one poses the question of ideology, it wouldn’t be more materialist to study first the question of the body and the effects of power on it’ (1980, 58). Posthuman Ethics could have been called Posthuman Bodies in reference to the crucial status of bodies in posthuman philosophy. The body, reconfiguring relation and ethical emergences of bodies beyond being received through representation, external and within consciousness negotiating reality through representative perception, is the foundation and the site of the event of the posthuman encounter. Thought and flesh, the distance between bodies, and ethics constituted through aesthetics are three trajectories along which Posthuman Ethics attempts to delimit prescriptive relations to formulate joyous extensions of expression and force by encounters with and events of alterity. Benedict Spinoza’s ethics directly challenges the Cartesian necessitation of the bifurcation between mind and body which act upon each other in turn. Whichever turn precedes the other, their alienation is complete and thus the distribution from internal body to the body of the polis as the state imposing upon docile bodies and obedient or resistant bodies acting upon the state failed to account for some basic but foundational tenets of the post-human: that there is no body without the mind and that they are not separate, because they are not separate they cannot be ordered hierarchically, that the mind as corporeal thus proves consciousness is not given, thereby will and affects are never entirely accounted for, predictable or discrete. Spinoza pre-empts the posthuman body which exceeds humanism, metaphysics 2 Posthuman Ethics and God but in its most ethical emergence reminds us all we are is bodies with the capacity for experiencing more and less beneficial affects and degrees of appetite. In Spinoza, will comes from the mind, appetite from the body, but these are different ways of expressing the interactions which occur within and uniquely for each thing. The desire to persist is all that constitutes a thing and that which makes the thing unlike any other, which gives the thing its essence. Between things there is no commonality except a harmony which enhances joy or exercises destruction. Things are specific unto themselves and each interaction between things creates further specificity. The endeavour to exist defines the existence of the thing but the nature of its existence is not transparent. Taking the central notion of desire around which much Continental Philosophy resonates, will of the mind – at once clear, distinct and confused – and appetite of the body: is, in fact, nothing else but man’s essence, from the nature of which necessarily follow all the results which tend to its preservation … further, between appetite and desire there is no difference … whatever increases or diminishes, helps or hinders the power of activity in our body, the idea thereof increases or diminishes, helps or hinders the power of thought in our mind. (Spinoza 1957, 36) Gilles Deleuze summarizes Spinoza’s contribution by stating ‘what is action in the mind is necessarily an action in the body as well, and what is a passion in the body is necessarily a passion in the mind. There is no primacy of one series over the other’ (Deleuze 1988b, 18). A thing’s essence comes from its capacity to act as a form of preservation. Preservation is developed by a thing’s sustenance of its essence. Preservation is essence and the capacity to act the freedom of the thing as an involution of flesh and mind. The tendency to preservation is what makes each thing a singular event of life, but preservation is of life alone, over its inherent nature or quality. Preservation is active as expressive and is separate from any notion of the preservation of a thing’s sameness to itself. For Spinoza thought is a thing’s power to increase, that is, to alter, transform, develop and expand, so the differentiation of the thing directly correlates with its liberty. Ethics as a system of relation makes each thing’s essence come from preservation irreducibly independent from confirmation of similarity to itself at each moment. The gift of liberty is allowing the power of the other to expand toward unknown futures. To diminish the other’s capacity to multiply and extend its capacities is in Spinoza hate. Hate is a form of pleasure – ‘he who conceives the object of his hate is destroyed will feel pleasure’ (1957, 41). Thus all force, both love and hate, is desire. And all force is affect.1 But further Posthuman Ethics will base ethics on 1 Seigworth points to the mistranslation of affect, which, in most English editions of Spinoza translations is ‘emotion’. He describes the failure of singular emotion to account for affectio and affectus and then the soul, which, from two to three become ‘multitudinous affectivity’ (160) as described by Deleuze. Spinoza defines desire (from which all affects come) as already at least three by which all other emotions arise (1957, 37). It is clear Posthuman Ethics 3 the premise that all conception is hateful ethics, in a deliberate truncated reading of Spinoza’s claim this book will claim that ‘he who conceives the object destroys the object’, imposing a claim upon a body conditional on monodirectional exertions of perception as conception, limiting expressivity without limit. Ethical encounters are different to Kant’s morality of benevolent totalizing ascension without qualification for which aesthetics (and thereby a certain definition of representation and perception) is responsible. The distance, even though unknowable, between things by which Kant and Hegel operate, even taking into account Hegel’s criticism of Kant’s claim natural beauty is co equivalent with spiritual and artistic, is closed with Spinoza’s intimacy of organisms liberated or oppressed by expression of the other by the self and the openings to joy which seek to expand through thought without knowledge.2 Serres opposes perception as a war waged against creation as an act of love: ‘The text on perception ends with conception’ (Serres 2000, 38–39). Further to this Spinoza says ‘the world would be much happier if men were as fully able to keep silence as they are to speak’ (1957, 30 original emphasis).
Recommended publications
  • Creation: Believe It Or Not*
    TMSJ 13/1 (Spring 2002) 5-32 CREATION: BELIEVE IT OR NOT* John MacArthur President and Professor of Pastoral Ministries Naturalism has replaced Christianity as the main religion of the Western world. Though the teaching that natural evolutionary processes can account of the origin of all living species has never been proven, that teaching is central to the philosophy that now dominates Western scholarly thinking. Even evangelicals have become less willing to defend the early chapters of Genesis against the encroach- ments of evolutionary thought, although in actuality affirming an “old earth” theory and remaining evangelical is an inconsistency. A “framework” approach to those chapters does not square with a consistent hermeneutical approach to Scripture, because the first chapter of Genesis teaches that God created the world in a normal week of seven days. The purpose of evolution is to explain away the God of the Bible. The absurd teaching of the Big Bang theory of evolution is that nobody times nothing equals everything. It is a theory that raises an almost endless array of unsolvable problems. It is degrading to humanity, hostile to reasons, and antithetical to the truth that God has revealed. When one starts adapting the Word of God to fit scientific theories based on naturalistic beliefs, he has begun his journey on the road to skepticism. * * * * * Introduction Thanks to the theory of evolution, naturalism is now the dominant religion of modern society. Less than a century and a half ago, Charles Darwin popularized the credo for this secular religion with his book The Origin of Species.
    [Show full text]
  • 321444 1 En Bookbackmatter 533..564
    Index 1 Abdominal aortic aneurysm, 123 10,000 Year Clock, 126 Abraham, 55, 92, 122 127.0.0.1, 100 Abrahamic religion, 53, 71, 73 Abundance, 483 2 Academy award, 80, 94 2001: A Space Odyssey, 154, 493 Academy of Philadelphia, 30 2004 Vital Progress Summit, 482 Accelerated Math, 385 2008 U.S. Presidential Election, 257 Access point, 306 2011 Egyptian revolution, 35 ACE. See artificial conversational entity 2011 State of the Union Address, 4 Acquired immune deficiency syndrome, 135, 2012 Black Hat security conference, 27 156 2012 U.S. Presidential Election, 257 Acxiom, 244 2014 Lok Sabha election, 256 Adam, 57, 121, 122 2016 Google I/O, 13, 155 Adams, Douglas, 95, 169 2016 State of the Union, 28 Adam Smith Institute, 493 2045 Initiative, 167 ADD. See Attention-Deficit Disorder 24 (TV Series), 66 Ad extension, 230 2M Companies, 118 Ad group, 219 Adiabatic quantum optimization, 170 3 Adichie, Chimamanda Ngozi, 21 3D bioprinting, 152 Adobe, 30 3M Cloud Library, 327 Adonis, 84 Adultery, 85, 89 4 Advanced Research Projects Agency Network, 401K, 57 38 42, 169 Advice to a Young Tradesman, 128 42-line Bible, 169 Adwaita, 131 AdWords campaign, 214 6 Affordable Care Act, 140 68th Street School, 358 Afghan Peace Volunteers, 22 Africa, 20 9 AGI. See Artificial General Intelligence 9/11 terrorist attacks, 69 Aging, 153 Aging disease, 118 A Aging process, 131 Aalborg University, 89 Agora (film), 65 Aaron Diamond AIDS Research Center, 135 Agriculture, 402 AbbVie, 118 Ahmad, Wasil, 66 ABC 20/20, 79 AI. See artificial intelligence © Springer Science+Business Media New York 2016 533 N.
    [Show full text]
  • Desired Ground Zeroes: Nuclear Imagination and the Death Drive Calum Lister Matheson a Dissertation Submitted to the Faculty At
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Carolina Digital Repository Desired Ground Zeroes: Nuclear Imagination and the Death Drive Calum Lister Matheson A dissertation submitted to the faculty at the University of North Carolina at Chapel Hill in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Communication Studies. Chapel Hill 2015 Approved by: Carole Blair Ken Hillis Chris Lundberg Todd Ochoa Sarah Sharma © 2015 Calum Lister Matheson ALL RIGHTS RESERVED ii ABSTRACT Calum Lister Matheson: Desired Ground Zeroes: Nuclear Imagination and the Death Drive (Under the direction of Chris Lundberg and Sarah Sharma) A wide variety of cultural artefacts related to nuclear warfare are examined to highlight continuity in the sublime’s mix of horror and fascination. Schemes to use nuclear explosions for peaceful purposes embody the godlike structural positions of the Bomb for Americans in the early Cold War. Efforts to mediate the Real of the Bomb include nuclear simulations used in wargames and their civilian offshoots in videogames and other media. Control over absence is examined through the spatial distribution of populations that would be sacrificed in a nuclear war and appeals to overarching rationality to justify urban inequality. Control over presence manifests in survivalism, from Cold War shelter construction to contemporary “doomsday prepping” and survivalist novels. The longstanding cultural ambivalence towards nuclear war, coupled with the manifest desire to experience the Real, has implications for nuclear activist strategies that rely on democratically-engaged publics to resist nuclear violence once the “truth” is made clear.
    [Show full text]
  • Krakowskie Studia Międzynarodowe
    Krakowskie Studia Międzynarodowe Ł A Jj numer 1 (I) Kraków 2004 Krakowskie Frycz? '"*' I Studia ) Międzynarodowe SPIS TREŚCI 7 Od Redakcji 9 J. J. Smolicz: Constructive Diversity in Multicultural Australia 25 Andrzej Kapiszewski: Poland and Current Transatlantic Relations 39 Cheng-yi Lin: Taiwan’s Campaign for United Nations Participation 51 Diana Kapiszewski: The infrastructure of Justice: Institutional Determinants of High Court Decision-Making in Argentina and Venezuela 77 Roman Sławiński: Sporne problemy nowożytnej historii Chin 85 Adina Zemanek: Cmentarze wirtualne - przemiany chińskich tradycji pogrzebowych 93 Tadeusz Paleczny: Struktura rasowa, wyznaniowa i klasowo-warstwowa społeczeństwa brazylijskiego: w kierunku modelu pluralistycznego 111 Andrzej Bryk: The Bill of Rights and Judicial Review in the American Constitution of 1787 143 Wojciech Zalewski: Afryka podzwrotnikowa: cywilizacja i kultura 161 Monika Banaś: Koncepcje procesów asymilacji a struktura etniczna społeczeństwa amerykańskiego przełomu XX i XXI wieku 175 Jarosław Kotas: Niektóre aspekty buddyjskiej ścieżki jako sposób budowania więzi ze światem 187 Jarosław Tomasiewicz: Przemoc w ruchu ekologicznym: od obywatelskiego nieposłuszeństwa do terroryzmu (przypadek Earth Liberation Front) 211 Phil van Schalkwyk: From Laager to Lager: Reflections on Afrikaner Identity Krakowskie Studia Międzynarodowe OD REDAKCJI Szeroko rozumiana problematyka stosunków międzynarodowych w ostatnich latach cieszy się w Polsce coraz większym zainteresowaniem. Zapewne jest to spowodo­ wane rozległymi kontaktami zagranicznymi, jakie umożliwiła transformacja ustrojowa 1989 roku, wejściem Polski do Unii Europejskiej i NATO, aktywnym włączeniem się Polski do działań na arenie międzynarodowej (operacje w Bośni, Kosowie i Afganistanie, a obecnie w Iraku), wzrostem wymiany gospodarczej z innymi państwami, atrakcyjnością naszego kraju dla zagranicznych turystów, zniesieniem barier wizowych, umożliwiających Polakom podróże czy wreszcie zna­ czącą poprawą znajomości języków obcych wśród młodego pokolenia.
    [Show full text]
  • Christ's Sacrifice As Apologetic: an Application of Heb 10:1–18 William David Spencer
    JETS 40/2 (June 1997) 189–197 CHRIST’S SACRIFICE AS APOLOGETIC: AN APPLICATION OF HEB 10:1–18 There is a white foot- WILLIAM DAVID SPENCER* note call at the end of this paragraph in order to allow for a full sized ftnt call in the Recently the Nor’easter, the newsletter for the northeast region of the extract Presbyterian Church (USA), issued the following warning:1 Presbyteries in the Synod of the Northeast recently received a communica- tion from the National Presbyterian Youth Ministry Council asking that con- gregations be alerted to the dangers posed by “new religious movements which prey on today’s youths.” The communication was issued by the council in response to a letter re- ceived from a mother living in Boston whose teenage son twice has attempted suicide. In writing to the council the mother reported that the family had found the young man had in his possession materials from an organization calling it- self “The Church of Euthanasia.” The organization would appear to distribute satanic music and bumper stickers encouraging self-destruction as well as a newsletter. “The youth council was very concerned and struggled how to respond,” re- ports Nancy Rodman, director of the resource center for Monmouth Presbytery and until recently a member of the Youth Council. “The council decided to write to our own people to alert them that this so- called church is active and that we are concerned about what they are doing.”1 Suicide attempts in Boston, immolations in Texas, poisonings and shoot- ings in Guyana and Switzerland, satanic sacri˜ces in Greece—even the briefest perusal across the religious landscape of the late-twentieth century reveals much to be concerned about.
    [Show full text]
  • Filed an Amicus Brief
    Nos. 14-1418, 14-1453, 14-1505, 15-35, 15-105, 15-119 & 15-191 In the Supreme Court of the United States DAVID A. ZUBIK, ET AL., Petitioners, v. SYLVIA MATHEWS BURWELL, ET AL., Respondents. ------------------------------------------ On Writs of Certiorari to the United States Courts of Appeals for the Third, Fifth, Tenth and District of Columbia Circuits ------------------------------------------ BRIEF OF THE AMERICAN HUMANIST ASSOCIATION AS AMICUS CURIAE IN SUPPORT OF RESPONDENTS AND AFFIRMANCE ------------------------------------------ Gordon Gamm, J.D. Counsel of Record 6609 Baseline Road Boulder, Colorado 80303 (303) 543- 9166 [email protected] Counsel for Amicus Curiae GibsonMoore Appellate Services, LLC 206 East Cary Street♦ Richmond, VA 23219 804-249-7770 ♦ www.gibsonmoore.net i TABLE OF CONTENTS Page: TABLE OF AUTHORITIES ....................................... ii INTERESTS OF AMICUS CURIAE .......................... 1 SUMMARY OF ARGUMENT .................................... 3 ARGUMENT ............................................................... 8 I. A Ruling Requiring the Claimants to Sign a Form to Assert Their Religious Exemption from Disseminating Contraceptives is Compatible with RFRA. ............................................................... 8 II. There is a Compelling Government Interest for Including Contraceptives as a Health Care Benefit Under the ACA ......... 17 III.Public Policy Requires that Public Health Not Be Subordinated to Religious Dogma. ........................................... 20 IV. The
    [Show full text]
  • International Medical Corps Afghanistan
    Heading Folder Afghanistan Afghanistan - Afghan Information Centre Afghanistan - International Medical Corps Afghanistan - Revolutionary Association of the Women of Afghanistan (RAWA) Agorist Institute Albee, Edward Alianza Federal de Pueblos Libres American Economic Association American Economic Society American Fund for Public Service, Inc. American Independent Party American Party (1897) American Political Science Association (APSA) American Social History Project American Spectator American Writer's Congress, New York City, October 9-12, 1981 Americans for Democratic Action Americans for Democratic Action - Students for Democractic Action Anarchism Anarchism - A Distribution Anarchism - Abad De Santillan, Diego Anarchism - Abbey, Edward Anarchism - Abolafia, Louis Anarchism - ABRUPT Anarchism - Acharya, M. P. T. Anarchism - ACRATA Anarchism - Action Resource Guide (ARG) Anarchism - Addresses Anarchism - Affinity Group of Evolutionary Anarchists Anarchism - Africa Anarchism - Aftershock Alliance Anarchism - Against Sleep and Nightmare Anarchism - Agitazione, Ancona, Italy Anarchism - AK Press Anarchism - Albertini, Henry (Enrico) Anarchism - Aldred, Guy Anarchism - Alliance for Anarchist Determination, The (TAFAD) Anarchism - Alliance Ouvriere Anarchiste Anarchism - Altgeld Centenary Committee of Illinois Anarchism - Altgeld, John P. Anarchism - Amateur Press Association Anarchism - American Anarchist Federated Commune Soviets Anarchism - American Federation of Anarchists Anarchism - American Freethought Tract Society Anarchism - Anarchist
    [Show full text]
  • Euthanasia: a Boon 1
    Euthanasia: A Boon 1 Running head: EUTHANASIA: A BOON Euthanasia: A Boon to Society Davin Ashraf Writing 50, 9 am March 17, 2008 U.C. Santa Barbara Word Count: 3341 Euthanasia: A Boon 2 As Isaac Asimov once said, “Life is pleasant. Death is peaceful. It‟s the transition that‟s troublesome.” Euthanasia is a medical practice that attempts to remove the troublesome transition between life and death with a quick and painless injection from a physician. Like all matters of life and death, euthanasia is a controversial topic. Proponents of euthanasia believe that a free society should give its citizens the freedom to choose their own fate. Many opponents morally oppose euthanasia on the basis that it denigrates the value of life. Additionally, opponents argue that regardless of moral issues, euthanasia cannot be implemented successfully for practical reasons, such as the difficulty of regulation. Both sides of the debate make valid points about euthanasia; thus, the key is to weigh the implications of these points against each other to find the net effect of euthanasia. This essay will attempt to prove that euthanasia provides a net benefit to society because of the freedom it grants, using logic, speculation, and analysis of the past and present. Many opponents argue that euthanasia devalues life, which is a potent attack because most of the Western world endows great value to life. These opponents support this claim with the notion that euthanasia implies that not every life is worth living. As the journalist Michael Coren (2007) put it, “life is only assumed to be significant when it is thought to be of quality” (p.
    [Show full text]
  • MIAMI UNIVERSITY the Graduate School Certificate for Approving The
    MIAMI UNIVERSITY The Graduate School Certificate for Approving the Dissertation We hereby approve the Dissertation of Jared A. Farley Candidate for the Degree: Doctor of Philosophy Ryan J. Barilleaux Director John P. Forren Reader Augustus J. Jones Reader Mary Kupiec Cayton Graduate School Representative ABSTRACT THE POLITICALIZATION OF THE AMERICAN EVANGELICAL PRESS, 1960— 1981: A TEST OF THE IDEOLOGICAL THEORY OF SOCIAL MOVEMENT MOBILIZATION by Jared A. Farley In the last decade, scholars have increasingly begun to study the role of issue entrepreneurs and subculture elites in utilizing ideologies, frames and cultural symbolism in the mobilization of social and political movements. Despite this, one of the most important social/political movements of the last century, the rise of the Evangelical Right, has largely escaped examination through these lenses. A limited number have focused their attention upon the more prominent evangelical leaders, like Rev. Jerry Falwell, but this work examines the evangelical subculture from a broader perspective. A similar criticism is that the scholarship in this field often oversimplifies this political reawakening. Researchers often suggest that the 1976 presidential campaign of fellow evangelical Jimmy Carter was the central mobilizing force which propelled white evangelicals into the electoral arena, causing secular conservative political operatives to realize the dormant electoral potential of this community. This study shows that operatives and elites within the evangelical subculture were moving to politicalize the subculture long before the 1980 election, the establishment of Jerry Falwell’s Moral Majority or even the 1976 election. Finally, this study provides an analysis of the ideology evangelicals were mobilized under during the 1960s and 1970s.
    [Show full text]
  • The Case for Evidence-Based Free Exercise Accommodation: Why the Religious Freedom Restoration Act Is Bad Public Policy
    \\jciprod01\productn\H\HLP\9-1\HLP102.txt unknown Seq: 1 18-MAR-15 13:09 The Case for Evidence-Based Free Exercise Accommodation: Why the Religious Freedom Restoration Act Is Bad Public Policy Marci A. Hamilton* INTRODUCTION Transparency in lawmaking increases the accountability of representa- tives to the public, encourages frank debate about specifics, reveals hidden lobbyist agendas, and reduces unintended consequences. Neither representa- tives primarily motivated by a desire to stay in power nor special interests embrace transparency, making it an elusive goal but still a measure of a good public policy process.1 On these public policy metrics, the Religious Freedom Restoration Act’s (“RFRA”)2 process, content, and impact fail. RFRA was enacted by Congress on the basis of a disingenuous title; it was misleadingly presented as a benevolent law for religious actors who suffer discrimination and whose actions were benign; its operative provi- sions contain legalistic, opaque text; and it has yielded results that could not have been imagined by the members of Congress.3 This article examines the policy and lawmaking flaws in RFRA to show that there is a better way to achieve religious accommodation, which is through legislative or executive accommodation based on facts and evidence. In this article, I will first describe the Supreme Court’s Constitution- based religious accommodation jurisprudence before the first RFRA statute * Marci A. Hamilton holds the Paul R. Verkuil Chair in Public Law at Benjamin N. Car- dozo School of Law, Yeshiva University. I thank my students Alyssa Figueroa, Tammy Lam, Brett Bacon, Anthony Faranda, and Adi Assouline for their excellent research assistance as well as the editors of the Harvard Law & Policy Review, who provided excellent editing.
    [Show full text]
  • Practitioner Entries Scholarly Perspective Entries
    Index Due to the unique organization of this encyclopedia the where readers can find a comprehensive list of items that index begins with a list of all the “practitioner” and relate to a specific area of the world. Some items in the “scholarly perspectives” articles, as described in the regional groupings are not indexed elsewhere. Countries “Reader’s Guide” (pp. xix), which is a good place for and topics related to individual nations have been organ- readers to learn effective ways to use this reference work. ized according to the United Nations’ system of categor- The alphabetized index follows these two lists. ization used when reporting global statistics. The regional In the index entry titles are in bold font wherever they categories illustrate the interrelationships found among appear. The entry titles appear both alphabetically and many of the people and topics discussed in the encyclo- where they provide information pertinent to other indexed pedia. These relationships demonstrate both the encyclo- subjects. The words “see also” refer to other items in the pedia’s interdisciplinary scholarship and reflect the index itself, unless they are in bold font and thus refer to exchange of ideas occurring through processes currently an entry. When “see also” refers to an entry, readers should labeled “globalization.” The regions organized and also consult the cross-references under the alphabetized alphabetized are: Africa, Asia, Caribbean, Europe, encyclopedia entry. The word “see” directs readers to Meso-America, North America, Oceania, South America. another term under which the indicated subject matter will This encyclopedia has 520 contributors from around the be found.
    [Show full text]
  • Seminar Paper
    EIDOS 2020-2021 SEMINAR PAPER “THE CHURCH OF EUTHANASIA - MISINTERPRETED OR MISORGANIZED?” Written by Sibin K Daniel & Keith Fernandes y Modern English terminology, cults are The term cult never fails to bring out this Forbidden Bconsidered to be social groups with unusual Fruit effect inside the mind of every individual that social/religious practices. The word cult has is drawn towards it, like moths collectively drawn huge pejorative connotations attached to it and is towards a flame, from voluntarily participating in generally considered to be a group of members what would normally be perceived as obscure, an indulging in self-harming rituals and practices. aberration that is usually debarred from the general Through this paper, we would like to explore cults society. Derived from the Latin word cultus, it with much more depth and provide explanations initially referred solely to gatherings of religious as to why an individual, despite being aware of worship or adoration and is conventionally the harmful kinds of behaviour prevalent within considered to be particular systems and symbols the group, might choose to join or continue to be of religious practices. But as times and layouts part of a cultic group. We’ll try to bust down some change and new features and problems arise of the negative stereotypes by taking a holistic simultaneously, any group or organization that approach towards the topic, trying to view them stands out from the rest, whether on the grounds of under a microscopic lens. Along with this, we deviance or plain uncanniness can be labeled as a would also like to explore more about the Church cult today.
    [Show full text]