H-Diplo | ISSF POLICY Series America and the World—2017 and Beyond
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Interpreting the Goldwater Rule
ANALYSIS AND COMMENTARY SPECIAL SECTION: THE GOLDWATER RULE Interpreting the Goldwater Rule John Martin-Joy, MD Section 7.3 of the Principles of Medical Ethics With Annotations Especially Applicable to Psychiatry (the so-called Goldwater Rule) provides guidance on the ethics of making psychiatric comments about public figures who have not been interviewed and have not given consent. I argue that the wording of Section 7.3 is ambiguous, and I document disagreement over the scope of the rule and consider the implications of this disagreement. If one reads Section 7.3 narrowly, as banning media comments without interview and consent, but allowing such comments in institutional settings, then the general principle articulated in the text and often repeated in the media begins to appear insubstantial. If one reads Section 7.3 broadly, then the work of psychiatrists in the courts, in government agencies such as the Central Intelligence Agency, in insurance companies, and in the academy becomes ethically problematic. I trace the American Psychiatric Association’s own interpretation of Section 7.3 and conclude that the APA has advocated a narrow reading. I assert the need for an integrated theory of psychiatric ethics for settings where interview and consent are absent. Such a theory, articulating why comments in institutional settings are ethical, but comments to media are not, may reduce public confusion and provide a basis for revising Section 7.3. J Am Acad Psychiatry Law 45:233–40, 2017 Adopted in 1973 in the wake of a controversial inci- Although a scholarly discussion has now begun to dent involving Fact magazine,1 Section 7.3 of the develop,8–13 in some respects, psychiatrists who wish American Psychiatric Association’s Principles of Med- to study the foundations of the Rule’s ethics and ical Ethics with Annotations Specific to Psychiatry (the implications still have relatively little to work with. -
Reparations for the Slave Trade: Rhetoric, Law, History and Political Realities”
©Rhoda E. Howard-Hassmann Feb 5, 2007 1 WORKING PAPER “Reparations for the Slave Trade: Rhetoric, Law, History and Political Realities” Rhoda E. Howard-Hassmann Canada Research Chair International Human Rights Wilfrid Laurier University Waterloo, Ontario, Canada N2L 3C5 [email protected], +1 (519) 884-0710 ext 2780 Neither this paper, nor any part of it, is to be reproduced or circulated without permission of the author. Note to Readers: This paper is drawn from my book in progress (with Anthony P. Lombardo), Reparations to Africa, especially chapter 5 (“The Slave Trade: Law and Rhetoric”), chapter 6 “The Slave Trade: Debates,” and chapter 1, “Reparations to Africa: A New Kind of Justice.” Introduction This paper considers the call for reparations to Africa from the West, for the trans-Atlantic slave trade, as a form of transitional justice between regions (the West and Africa), which might result in better understanding—and less political resentment, between the two areas. Nevertheless, the call for reparations is so far ridden with rhetorical over-statements, misunderstandings of international law, and misinterpretations C:/reparations/working papers/UConn march 12 07 ©Rhoda E. Howard-Hassmann Feb 5, 2007 2 of history. These are unlikely to result in any material reparations from the West to Africa for the slave trade. The discussion below focuses especially on the 2001 United Nations World Conference against Racism in Durban, South Africa, and on the call for reparations by the Group of Eminent Persons (GEP) established by the Organization of African Unity in 1992. The two remaining active members of the GEP in the early twenty-first century were Ali Mazrui and Jacob Ajayi. -
The Paranoid Style in American History of Science *
The Paranoid Style in American History of Science * George REISCH Received: 31.5.2012 Final version: 30.7.2012 BIBLID [0495-4548 (2012) 27: 75; pp. 323-342] ABSTRACT: Historian Richard Hofstadter’s observations about American cold-war politics are used to contextualize Thomas Kuhn’s The Structure of Scientific Revolutions and argue that substantive claims about the nature of sci- entific knowledge and scientific change found in Structure were adopted from this cold-war political cul- ture. Keywords: Thomas S. Kuhn; The Structure of Scientific Revolutions ; Richard Hofstadter; “The Paranoid Style in American Politics;” Cold War; James B. Conant; Brainwashing. RESUMEN: Las observaciones del historiador Richard Hofstadter sobre la política americana en la Guerra Fría se uti- lizan para contextualizar La estructura de las revoluciones científicas de Thomas Kuhn y sostener que algunas afirmaciones fundamentales sobre la naturaleza del conocimiento científico y el cambio científico que se pueden hallar en La estructura fueron adoptadas de esta cultura política de la Guerra Fría. Palabras clave: Thomas S. Kuhn; La estructura de las revoluciones científicas ; Richard Hofstadter; “The Paranoid Style in American Politics”; Guerra Fría; James B. Conant; lavado de cerebro. It is the use of paranoid modes of expression by more or less normal people that makes the phenomenon significant. –Richard Hofstadter (1964, 4) 1. Introduction The conventional wisdom holds that Thomas Kuhn’s Structure of Scientific Revolutions of- fered a revolutionary critique of existing scholarship about science. The book swept aside misconceptions wrought by three kinds of intellectuals—logic-chopping philos- ophers who confused their logical models and formulas with historical fact, Whiggish historians who viewed science’s past through the lenses of the present, and text-book writers whose brief, potted historical introductions obscured science’s dynamic, revo- lutionary history. -
A Measure of Detachment: Richard Hofstadter and the Progressive Historians
A MEASURE OF DETACHMENT: RICHARD HOFSTADTER AND THE PROGRESSIVE HISTORIANS A Thesis Submitted to the Temple University Graduate Board In Partial Fulfillment of the Requirements for the Degree MASTER OF ARTS By Wiliiam McGeehan May 2018 Thesis Approvals: Harvey Neptune, Department of History Andrew Isenberg, Department of History ABSTRACT This thesis argues that Richard Hofstadter's innovations in historical method arose as a critical response to the Progressive historians, particularly to Charles Beard. Hofstadter's first two books were demonstrations of the inadequacy of Progressive methodology, while his third book (the Age of Reform) showed the potential of his new way of writing history. i TABLE OF CONTENTS Page ABSTRACT.......................................................................................................................i CHAPTER 1. A MEASURE OF DETACHMENT..........................................................................1 2. SOCIAL DARWINISM IN AMERICAN THOUGHT………………………………………………26 3. THE AMERICAN POLITICAL TRADITION…………………………………………………………..52 4. THE AGE OF REFORM…………………………………………………………………………………….100 5. CONCLUSION…………………………………………………………………………………………………139 BIBLIOGRAPHY…………………………………………………………………………………………………………..144 CHAPTER ONE A MEASURE OF DETACHMENT Great thinkers often spend their early years in rebellion against the teachers from whom they have learned the most. Freud would say they live out a form of the Oedipal archetype, that son must murder his father at least a little bit if he is ever to become his own man. -
Theorizing Three Cases of Otherness in the USA: Hofstadter, Foucault, and Scott
University of New England DUNE: DigitalUNE All Theses And Dissertations Theses and Dissertations 5-1-2017 Theorizing Three Cases Of Otherness In The SU A: Hofstadter, Foucault, And Scott Austin Coco University of New England Follow this and additional works at: http://dune.une.edu/theses Part of the Political Science Commons © 2017 Austin Coco Preferred Citation Coco, Austin, "Theorizing Three Cases Of Otherness In The SAU : Hofstadter, Foucault, And Scott" (2017). All Theses And Dissertations. 136. http://dune.une.edu/theses/136 This Thesis is brought to you for free and open access by the Theses and Dissertations at DUNE: DigitalUNE. It has been accepted for inclusion in All Theses And Dissertations by an authorized administrator of DUNE: DigitalUNE. For more information, please contact [email protected]. Austin Coco Dr. Ahmida PSC 491 4/18//17 Theorizing Three Cases of Otherness in the USA: Hofstadter, Foucault, and Scott Austin Coco Coco|1 Dr. Ahmida PSC 491 4/18//17 Theorizing Three Cases of Otherness in the USA: Hofstadter, Foucault, and Scott Introduction This essay examines three cases of otherness: the Italian other in the 1920s, the Communist other during the Red Scare of the 1950s, and the Muslim other in post-2001. The similarities and differences of these cases will be analyzed through Richard Hofstadter’s analysis of the production of otherness for what he calls the paranoid style, Foucault’s analysis of power relations, and James Scott’s analysis of power relations and language. This essay will assess the theoretical methods behind “otherness” that Hofstadter, Foucault, and Scott use, the three cases of “otherness”, and the similarities and differences between the cases and how the theoretical mechanisms apply. -
What Kind of Book Is the Ideological Origins of the American Revolution?
What Kind of Book is The Ideological Origins of the American Revolution? eric nelson first read Bernard Bailyn’s The Ideological Origins of the I American Revolution when I was a nineteen-year-old stu- dent in the Harvard History Department’s sophomore tutorial. The text was assigned by my late friend and teacher Mark Kish- lansky, who began our discussion of the book by posing the same deceptively simple question that he asked about each his- toriographical masterwork on the syllabus: “What kind of book is this?” I remember thinking rather smugly that, in this case at least, the question had an obvious and straightforward answer: surely, Ideological Origins was a work of intellectual history— and, more specifically, a contribution to the history of early American political thought. But it now strikes me that this an- swer, while not incorrect, was, and is, quite beside the point. Mark was not asking us a banal question about the genre to which Bailyn’s monograph belonged, but rather a deep one about how Bailyn understood that genre. To present Ideological Origins as a history of political thought is, implicitly, to defend a particular conception of what sort of thing “political thought” is and what its history looks like. What, Mark wished us to pon- der, is that conception? I found myself asking this question with a renewed sense of urgency more than fifteen years later as I grappled witha I am indebted to Bernard Bailyn, Richard Bourke, Jonathan Gienapp, James Hank- ins, Michael Rosen, and Quentin Skinner for extremely helpful comments on this essay. -
A Rift Among Experts Over Analyzing Trump's Mental Health by Jen Christensen, CNN Updated 1745 GMT (0145 HKT) July 26, 2017
A rift among experts over analyzing Trump's mental health By Jen Christensen, CNN Updated 1745 GMT (0145 HKT) July 26, 2017 Source: CNN Six months of the Trump presidency in photos 00:52 (CNN) — You might expect partisan politicians to question Story highlights the sanity of a president, but now there's an unusual and growing public debate among those qualified to make the One mental health association says members assessment -- psychiatrists and other mental health experts -- as to whether they should be allowed to publicly raise should feel "free to comment about political those questions. figures as individuals" Two professional mental health associations -- the Another discourages its members from American Psychoanalytic Association, known as the APsaA, speaking publicly about a public figure's and the American Psychiatric Association, known as the APA -- have opposite opinions about what would be ethical, mental health and what is not. If members want to share their educated opinions about President Donald Trump, or any public figure for that matter, the associations' ethics guidance conflict, leaving dual members with a touch choice. It might sound like an arcane conversation about medical ethics, but the debate has heated up as more experts have publicly shared their concerns about the President's mental health. Dozens of mental health professionals signed on to a letter in February that said Trump's "speech and actions demonstrate an inability to tolerate views dierent from his own, leading to rage reactions," and show "a profound inability to empathize." How the policies dier The American Psychoanalytic Association represents about 3,500 members from all mental health professions and academia. -
Reflections on the Goldwater Rule
ANALYSIS AND COMMENTARY SPECIAL SECTION: THE GOLDWATER RULE Reflections on the Goldwater Rule Paul S. Appelbaum, MD The APA’s Goldwater Rule, precluding psychiatrists from rendering opinions to the media about public figures whom they have not examined, has often engendered controversy. Here, I consider the justifications for the rule, how well they stand up to criticism, and the extent, if any, to which modifications might be called for. Although embarrassment to the profession is often cited as the basis for the Rule, it reflects more substantive concerns, including the risk of harm to living persons and discouraging persons in need of treatment from seeking psychiatric attention. The most potent criticisms of the Rule are that it discourages public education about mental illness and its effects and precludes legitimate scholarly endeavors by psychiatrists studying foreign leaders, historical figures, and others. However, there are many ways of providing education about mental illness without violating the Rule, and read properly, it should not prevent legitimate historical investigation, though some clarification of the Rule on this point might be helpful. Even psychiatrists who seek to aid policymakers in dealing with international or domestic threats should not find that the Rule interferes with their efforts. On balance, the Goldwater Rule continues to be an important underpinning of ethical behavior by psychiatrists. J Am Acad Psychiatry Law 45:228–32, 2017 In 1973, in the wake of the notorious Fact magazine Purpose of the Rule -
The Mad, Mad World of Textbook Adoption
The Mad, Mad World of Textbook Adoption Foreword by Chester E. Finn, Jr. Introduction by Diane Ravitch 1627 K Street Northwest Suite 600 Washington D.C. 20006 (202) 223-5452 (202) 223-9226 Fax www.edexcellence.net September 2004 The Thomas B. Fordham Institute is a nonprofit organization that conducts research, issues publications, and directs action projects in elementary/secondary education reform at the national level and in Dayton, Ohio. It is affiliated with the Thomas B. Fordham Foundation. Further information is at www.edexcellence.net/institute, or write us at 1627 K Street Northwest Suite 600 Washington, D.C. 20006 This report is available in full on the web site. Additional copies can be ordered at www.edexcellence.net/institute/publication/order.cfm or by calling 410-634-2400. The Thomas B. Fordham Institute is neither connected with nor sponsored by Fordham University. Cover illustration by Thomas Fluharty, all rights reserved Design by Katherine Rybak Torres, all rights reserved Printed by District Creative Printing, Upper Marlboro, Maryland Executive Summary extbook Adoption: The process, in place in twenty-one states, of Treviewing textbooks according to state guidelines and then man- dating specific books that schools must use, or lists of approved text- books that schools must choose from. Textbook Adoption Is Bad for Students and Schools It consistently produces second-rate textbooks that replicate the same flaws and failings over and over again. Adoption states perform poorly on national tests, and the market incentives caused by the adop- tion process are so skewed that lively writing and top-flight scholarship are discouraged. -
Impeachment, Donald Trump and the Attempted Extortion of Ukraine
Pace Law Review Volume 40 Issue 2 Article 4 July 2020 IMPEACHMENT, DONALD TRUMP AND THE ATTEMPTED EXTORTION OF UKRAINE Lawrence J. Trautman [email protected] Follow this and additional works at: https://digitalcommons.pace.edu/plr Part of the Law Commons Recommended Citation Lawrence J. Trautman, IMPEACHMENT, DONALD TRUMP AND THE ATTEMPTED EXTORTION OF UKRAINE, 40 Pace L. Rev. 141 (2020) Available at: https://digitalcommons.pace.edu/plr/vol40/iss2/4 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. IMPEACHMENT, DONALD TRUMP AND THE ATTEMPTED EXTORTION OF UKRAINE Lawrence J. Trautman1 TABLE OF CONTENTS I. INTRODUCTION ............................................................... 143 II. THE CONSTITUTIONAL PROVISION FOR IMPEACHMENT ....................................................................... 144 A. Treason ......................................................................... 145 B. Bribery .......................................................................... 145 C. Other High Crimes and Misdemeanors ..................... 145 D. Impeachment Is An Emergency Measure .................. 146 III. HISTORY OF U.S. PRESIDENTIAL IMPEACHMENT PROCEEDINGS ........................................................................ 148 A. President Andrew Johnson ......................................... 149 -
Imperialism, Racism, and Fear of Democracy in Richard Ely's Progressivism
The Rot at the Heart of American Progressivism: Imperialism, Racism, and Fear of Democracy in Richard Ely's Progressivism Gerald Friedman Department of Economics University of Massachusetts at Amherst November 8, 2015 This is a sketch of my long overdue intellectual biography of Richard Ely. It has been way too long in the making and I have accumulated many more debts than I can acknowledge here. In particular, I am grateful to Katherine Auspitz, James Boyce, Bruce Laurie, Tami Ohler, and Jean-Christian Vinel, and seminar participants at Bard, Paris IV, Paris VII, and the Five College Social History Workshop. I am grateful for research assistance from Daniel McDonald. James Boyce suggested that if I really wanted to write this book then I would have done it already. And Debbie Jacobson encouraged me to prioritize so that I could get it done. 1 The Ely problem and the problem of American progressivism The problem of American Exceptionalism arose in the puzzle of the American progressive movement.1 In the wake of the Revolution, Civil War, Emancipation, and radical Reconstruction, no one would have characterized the United States as a conservative polity. The new Republican party took the United States through bloody war to establish a national government that distributed property to settlers, established a national fiat currency and banking system, a progressive income tax, extensive program of internal improvements and nationally- funded education, and enacted constitutional amendments establishing national citizenship and voting rights for all men, and the uncompensated emancipation of the slave with the abolition of a social system that had dominated a large part of the country.2 Nor were they done. -
Uncovering the Reformation Roots of American Marriage and Divorce Law
Uncovering the Reformation Roots of American Marriage and Divorce Law Judith Areent INTRO D UCTIO N ............................................................................................... 30 I. SIXTEENTH CENTURY EUROPEAN MARRIAGE AND DIVORCE LAW R EFO R M .............................................................................................. 34 A. Luther Advocates Civil Marriage and Fault-Based Divorce .......... 35 B. Zwingli Inspires Zurich to Enact the First Modem Marriage and D ivorce Law ....................................................................... 44 C. Calvin's Geneva Adopts a Civil Marriage and Divorce O rdinance .................................................................................. 49 II. REFORMATION IN ENGLAND ............................................................... 53 A. Henry VIII Opposes Divorce ..................................................... 53 B. Archbishop Cranmer Proposes the Reformatio Legum Ecclesiasticarum....................................................................... 54 C. The Rise of Godly Puritans and Support for Marriage and D ivorce Reform ......................................................................... 59 III. MARRIAGE AND DIVORCE LAW IN COLONIAL AMERICA .................... 61 A. Civil Marriage in Plymouth Plantation ...................................... 61 B. Civil Marriage and Divorce in Massachusetts Bay Colony ........... 64 C. Civil Marriage, but No Divorce, in the Colonies Outside New E ngland ...................................................................................