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Temple University Press

Temple University Press

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Abortion Rights as Religious Freedom Cover

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Abortion Rights as Religious Freedom

"This excellent books is bound to stir debate on the abortion issue and to occupy a rather distinctive position." —R.G. Frey, Bowling Green State University With the current composition of the Supreme Court and recent challenges to Roe v. Wade, Peter S. Wenz's new approach to the ethical, moral, and legal issues related to a woman's right to elective abortion may turn the tide in this debate. He argues that the Supreme Court reached the right decision in Roe v. Wade but for the wrong reasons. Wenz contends that a woman's right to terminated her pregnancy should be based, not on her constitutional right to privacy, but on the constitutional guarantee of religious freedom, a basis for freedom of choice that is not subject to the legal criticisms advanced against Roe. At least up to the 20th week of a pregnancy, one's belief whether a human fetus is a human person or not is a religious decision. He maintains that because questions about the moral status of a fetus are religious, it follows that anti-abortion legislation, to the extent that it is predicated on such "inherently religious beliefs," is unconstitutional. In this timely and topical book, Wenz also examines related cases that deal with government intervention in an individual's procreative life, the regulation of contraceptives, and other legislation that is either applied to or imposed upon select groups of people (e.g., homosexuals, drug addicts). He builds a concrete argument that could replace Roe v. Wade. Reviews "In this important study of abortion and the Constitiution, legal philosopher Peter Wenz contends that Roe v. Wade was wrongly argued but well conlcuded. Wenz presents a substantial review of Supreme Court decisions on abortion, then critically exposes flaws, including the privacy justification for abortion as well as the trimester scheme. —Religious Studies Review "In this major work, Peter Wenz has analyzed the relation of the Constitution's religion clauses to the abortion controversy. His principal contribution is to shift the argument from the right of privacy (invoked, he believes, unsuccessfully in Roe v. Wade) to the Establishment Clause. The Court's concern in Roe was whether the statute unduly burdened a fundamental right. But tested by the Establishment Clause, statutes may violate the Constitution by implicitly endorsing a religious belief, namely, the personhood of the unborn. Wenz concludes that the Establishment Clause permits abortions prior to the twenty-first week of pregnancy." —C. Herman Prichett, Professor of Political Science Emeritus, University of California, Santa Barbara "This is an original and scholarly exposition of the view that abortion rights fall under the religion clauses of the First Amendment. The view defended is an important alternative to the privacy defense upon which the Roe v. Wade decision was based and should help to expand the ethical and constitutional debate about abortion rights." —Mary Anne Warren, Associate Professor of Philosophy, San Francisco State University, and author of Gendercide: The Implications of Sex Selection Contents Preface Introduction Roe v. Wade under Attack • Individual Rights and Majority Rule • Constitutional Interpretation • Preview of Chapters 1. The Derivation of Roe v. Wade Economic Substantive Due Process • Due Process and the Family • Contraception and Privacy in Griswold v. Connecticut • Contraception and Privacy in Eisenstadt v. Baird • Blackmun's Privacy Rationale in Roe v. Wade • Stewart's Due Process Rationale in Roe v. Wade • Tribe on Substantive Due Process • Conclusion 2. Potentiality and Viability The Roe v. Wade Decision • The Concept of Viability in Abortion Cases • Dividing the Gestational Continuum • The Genetic Approach to Personhood • Viability versus Similarity to Newborns • Two Consequentialist Arguments • Feminism and Viability • Conclusion 3. The Evolution of "Religion" Religion in the Abortion Debate • The Original Understanding of the Religion Clauses • The Evolution of Religion Clause Doctrine • Incorporation of the Religion Clauses • From Belief to Practice • Alleviating Indirect Burdens on Religious Practice • Expanding the Meaning of "Religion" • The Original Understanding View • Bork: Conservative or Moderate? • Conflicts between the Religion Clauses • The Elusive Meaning of "Religion" • Conclusion 4. The Definition of "Religion" The Adjectival Sense of Religion • Religious Beliefs Independent of Organized Religions • Religious Belief as Fundamental to Organized Religion • Secular Beliefs Related to Material Reality • Secular Beliefs Related to Social Interaction • Secular Facts versus Secular Values • The Court's Characterizations of Secular Beliefs • Secular (Nonreligious) Belief • The Epistemological Standard for Distinguishing Religious from Secular Belief • Judicial Examples of Religious Beliefs • General Characteristics of Religious Beliefs • Summary 5. "Religion" in Court The Epistemological Standard Applied • Cults and Crazies • Secular Religions • Tensions between the Religion Clauses • The Unitary Definition of "Religion" 6. Fetal Personhood as Religious Belief Anti-Contraception Laws and the Establishment Clause • Belief in the Existence of God • Belief in the Personhood of Young Fetuses • Distinguishing Religious from Secular Determinations of Fetal Personhood • Religious versus Secular Uncertainty • Environmental Preservation and Animal Protection versus Fetal Value • Greenawalt's Argument • The Reach of Secular Considerations • Secular versus Religious Matters • Conclusion 7. The Regulation of Abortion The Trimester Framework and Its Exceptions • O'Connor's Objections to the Trimester Framework • Superiority of the Establishment Clause Approach to the Trimester Framework • Required Efforts to Save the Fetus • The Neutrality Principle • Appropriate Judicial Skepticism • Undue Burdens and Unconstitutional Endorsements • Conclusion 8. Abortion and Others Public Funding of Abortion • The Establishment Clause Approach to Public Funding • The Court's Funding Rationale • The Court's Inconsistent Rationale • Publicly Funded Family Planning Clinics • Spousal Consent • The Court's Flawed Parental Consent Rationale • Information Requirements • Spousal and Parental Consent • The Establishment Clause Approach: Medical Dimension • The Establishment Clause Approach: Religious Dimension • Implications of the Establishment Clause Approach • The Court's Inconsistency • Equivalent Results • Parental Notification • Conclusion Conclusion Justice Scalia's View • The Fundamental Flaw in Roe • The Rationale for the Establishment Clause Approach • Advantages of the Establishment Clause Approach Notes Glossary of Terms Annotated Table of Cases Bibliography Index About the Author(s): Peter S. Wenz is Professor of Philosophy and Legal Studies at Sangamon State University.

Abuse of Power: How Cold War Surveillance and Secrecy Policy Shaped the Response to 9/11 Cover

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Abuse of Power: How Cold War Surveillance and Secrecy Policy Shaped the Response to 9/11

Athan Theoharis, long a respected authority on surveillance and secrecy, established his reputation for meticulous scholarship with his work on the loyalty security program developed under Truman and McCarthy. In Abuse of Power, Theoharis continues his investigation of U.S. government surveillance and historicizes the 9/11 response.

Criticizing the U.S. government's secret activities and policies during periods of "unprecedented crisis," he recounts how presidents and FBI officials exploited concerns about foreign-based internal security threats.

Drawing on information sequestered until recently in FBI records, Theoharis shows how these secret activities in the World War II and Cold War eras expanded FBI surveillance powers and, in the process, eroded civil liberties without substantially advancing legitimate security interests.

Passionately argued, this timely book speaks to the costs and consequences of still-secret post-9/11 surveillance programs and counterintelligence failures. Ultimately, Abuse of Power makes the case that the abusive surveillance policies of the Cold War years were repeated in the government's responses to the September 11 attacks.

Accidental Immigrants and the Search for Home Cover

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Accidental Immigrants and the Search for Home

Women, Cultural Identity, and Community

Carol E. Kelley

The effect of immigration on individual lives is not short lived. Those who stay in an adopted country permanently go through a continual process of adjustment and learning both about their new country-and about themselves. The four women profiled in Carol Kelley's poignant Accidental Immigrants and the Search for Home challenge immigrant stereotypes as their lives are transformed by moving to new countries for reasons of marriage, education, or career--not economics or politics.

The intimate stories of these "accidental" immigrants broaden conventional notions of home. From a Maori woman who moves to Norway to the daughter of an Iranian diplomat now living in France, Kelley weaves together these stories of the personal and emotional effects of immigration with interdisciplinary discussions drawn from anthropology and psychology. Ultimately, she reveals how the lifelong process of immigration affects each woman's sense of identity and belonging and contributes to better understanding today's globalized society.
 

Achieving Against The Odds Cover

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Achieving Against The Odds

Esther Kingston-Mann

"High school was like a penance imposed for some unknown sin. Everything I ever learned that was important was learned outside of school. So I never thought to associate schools with learning." (Amy, UMass Boston student)

Today's diverse and financially burdened students enter  higher education eager to succeed at institutions originally designed for culturally homogenous and predominantly white middle-class populations. They are expected to learn from faculty trained primarily as researchers. Unsurprisingly, student dropout and faculty burnout rates are high, leading some conservatives to demand that higher education purge itself of "unqualified" students and teachers. But, as Achieving Against the Odds demonstrates, new and better solutions emerge once we assume that both faculty and students still possess a mutual potential for learning when they meet in the college classroom.

This collection -- drawing on the experiences of faculty at the University of Massachusetts-Boston -- documents a complex and  challenging process of pedagogical transformation. The contributors come from a wide range of disciplines -- American studies, anthropology, Asian American studies, English, ESL, history, language, political science, psychology, sociology, and theology. Like their students, they bring a variety of backgrounds into the classroom -- as people of color, women, gays, working class people, and "foreigners" of one sort or another. Together they have engaged in an exciting struggle to devise pedagogies which respond to the needs  and life experiences of their students and to draw each of them into a dialogue with the content and methodology of their disciplines. Courageously airing their own mistakes and weaknesses alongside their breakthroughs, they illuminate for the reader a process of teaching transformation by which discipline-trained scholars discover how to promote the learning of diverse students.

As one reads their essays, one is struck by how much these faculty have benefited from the insights they have gleaned from colleagues as well as students. Through argument and examples, personal revelation and references as well as students. Through argument and examples, personal revelation and references to authority, they draw the reader into their  community. This is a book to inspire and enlighten everyone interested in making higher education more truly democratic, inclusive and intellectually challenging for today's students.

Across The Red Line: Stories From The Surgical Life Cover

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Across The Red Line: Stories From The Surgical Life

Richard Karl, a doctor and teacher, takes the reader closer than any writer before into the corridors of the hospital, on the surgical table, and into the world of medicine. In these pages we see the tragedies and triumphs of modern medicine: the beauty of surgery done well, and the aftermath of operations that fail to deliver on the hopes of the doctor and patient. We witness the "M&M"—the morbidity and mortality meeting—where doctors scrutinize their own work and mistakes, and the often inevitable outcomes of treatment. Suffused throughout are Karl’s keen observations on the workings of the human body and its immense capacity for healing. "...I celebrate the rich privilege accorded the practicing surgeon. The surgical life is really about bearing witness to the human condition and about respecting the many almost whimsical variations of biology and about the intersection of the two. It is remarkable, really, the way I get to know people so intimately so quickly, and to observe the brave and often noble behavior in them, while I witness the relentless push of biology, the aging and decay, the growth and development, but most especially the healing, both physical and emotional. It is this natural drive of our bodies to repair themselves from all injuries (including the surgeon's wounds) that is the centerpiece of medicine. Without it no surgeon could cut." Written with economy and subtlety, Across the Red Line offers a vivid picture of disease and the miracle of life. It will interest anyone who's ever been on either side of the surgical table.

The Aesthetics of Environment Cover

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The Aesthetics of Environment

"Not since Thoreau has an American author displayed such a profound appreciation for the aesthetics of nature; but, unlike Thoreau, Berleant has designed a program for allowing others to join in on that appreciation." —E. F. Kaelin, Professor of Philosophy, Florida State University Environmental aesthetics is an emerging discipline that explores the meaning and influence of environmental perception and experience on human life. Arguing for the idea that environment is not merely a setting for people but fully integrated and continuous with us, Arnold Berleant explores the aesthetic dimensions of the human-environment continuum in both theoretical terms and concrete situations. Insisting on the need to reconceptualize environment and recognize its aesthetic implications, he pursues a variety of topics and approaches to environmental aesthetics. Aesthetic experience, maintains Berleant, is always contextual. Recognizing that humans, along with all other things, inhabit a single intraconnected realm, he names the quality of engagement as the foremost characteristic of environmental perception. Berleant moves from natural to nonnatural environments, suggesting that the aesthetic aspect of any human habitat is an essential part of its desirability. From outer space to the museum, from architecture to landscape, from city to wilderness, this book discovers in the aesthetic perception of environment the reciprocity that constitutes both person and place. "Arnold Berleant's Aesthetics of Environment poses an important path for philosophy to walk down—instead of environmental ethics, where what is right and wrong in nature is discussed, he goes after the difficult destination of deciding how to articulate what is beautiful in the nature we want, not the nature we see." —Human Ecology Review "Berleant's new environmental aesthetics is a challenge not only to the philosophers but also to the practitioners of environment-making. With rich illustrations and freedom from technical jargon, Berleant applies his new aesthetics to analyzing and solving the practical problems concerning various environmental designs of today." —Canadian Philosophical Review "A pioneering contribution to this discipline. It raises a large number of challenging questions and suggests new dirrections in the analysis of the environment as an aesthetic category." —Michael H. Mutias, Professor of Philosophy, Millsaps College

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Affirmative Action and the University: A Philosophical Inquiry

"This book is recommended for anyone interested in understanding, questioning, articulating, and acting on the basis of their own and others' perspectives on sexism, racism, and affirmative action in American higher education." —Choice While equal opportunity for all candidates is widely recognized as a goal within academia, the implementation of specific procedures to achieve equality has resulted in vehement disputes regarding both the means and ends. To encourage a reexamination of this issue, Cahn asked three prominent American social philosophers—Leslie Pickering Francis, Robert L. Simon, and Lawrence C. Becker—who hold divergent views about affirmative action, to write extended essays presenting their views. Twenty-two other philosophers then respond to these three principal essays. While no consensus is reached, the resulting clash of reasoned judgments will serve to revitalize the issues raised by affirmative action. Contents Introduction – Steven M. Cahn Part I 1. In Defense of Affirmative Action – Leslie Pickering Francis 2. Affirmative Action and the University: Faculty Appointment and Preferential Treatment – Robert L. Simon 3. Affirmative Action and Faculty Appointments – Lawrence C. Becker Part II 4. What Good Am I? – Laurence Thomas 5. Who "Counts" on Campus? – Ann Hartle 6. Reflections on Affirmative Action in Academia – Robert G. Turnbull 7. The Injustice of Strong Affirmative Action – John Kekes 8. Preferential Treatment Versus Purported Meritocratic Rights – Richard J. Arneson 9. Faculties as Civil Societies: A Misleading Model for Affirmative Action – Jeffrie G. Murphy 10. Facing Facts and Responsibilities – The White Man's Burden and the Burden of Proof – Karen Hanson 11. Affirmative Action: Relevant Knowledge and Relevant Ignorance – Joel J. Kupperman 12. Remarks on Affirmative Action – Andrew Oldenquist 13. Affirmative Action and the Multicultural Ideal – Philip L. Quinn 14. "Affirmative Action" in the Cultural Wars – Frederick A. Olafson 15. Quotas by Any Name: Some Problems of Affirmative Action in Faculty Appointments – Tom L. Beauchamp 16. Are Quotas Sometimes Justified? – James Rachels 17. Proportional Representation of Women and Minorities – Celia Wolf-Devine 18. An Ecological Concept of Diversity – La Verne Shelton 19. Careers Open to Talent – Ellen Frankel Paul 20. Some Sceptical Doubts – Alasdair MacIntyre 21. Affirmative Action and Tenure Decisions – Richard T. De George 22. Affirmative Action and the Awarding of Tenure – Peter J. Markie 23. The Case for Preferential Treatment – James P. Sterba 24. Saying What We Think – Fred Sommers 25. Comments on Compromise and Affirmative Action – Alan H. Goldman About the Authors Index About the Author(s) Steven M. Cahn is Professor of Philosophy and former Provost and Vice President for Academic Affairs at the Graduate Center of the City University of New York. He has published numerous other books, including Morality, Responsibility, and the University (Temple). Contributors: Laurence Thomas, Ann Hartle, Robert G. Turnbull, John Kekes, Richard J. Arneson, Jeffrie G. Murphy, Karen Hanson, Joel J. Kupperman, Andrew Oldenquist, Philip L. Quinn, Frederick A. Olafson, Tom L. Beauchamp, James Rachels, Celia Wolf-Devine, La Verne Shelton, Ellen Frankel Paul, Alasdair MacIntyre, Richard T. De George, Peter J. Markie, James P. Sterba, Fred Sommers, Alan H. Goldman, and the editor.

African American Jeremiad Rev: Appeals For Justice In America Cover

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African American Jeremiad Rev: Appeals For Justice In America

Begun by Puritans, the American jeremiad, a rhetoric that expresses indignation and urges social change, has produced passionate and persuasive essays and speeches throughout the nation's history. Showing that black leaders have employed this verbal tradition of protest and social prophecy in a way that is specifically African American, David Howard-Pitney examines the jeremiads of Frederick Douglass, Booker T. Washington, Ida B. Wells, W.E.B. DuBois, Mary McLeod Bethune, Martin Luther King, Jr., and Malcolm X, as well as more contemporary figures such as Jesse Jackson and Alan Keyes. This revised and expanded edition demonstrates that the African American jeremiad is still vibrant, serving as a barometer of faith in America's perfectibility and hope for social justice.This new edition features: * A new chapter on Malcolm X * An updated discussion of Jesse Jackson * A new discussion of Alan Keyes

African American Perspectives on Political Science Cover

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African American Perspectives on Political Science

Race matters in both national and international politics. Starting from this perspective, African American Perspectives on Political Science presents original essays from leading African American political scientists. Collectively, they evaluate the discipline, its subfields, the quality of race-related research, and omissions in the literature. They argue that because Americans do not fully understand the many-faceted issues of race in politics in their own country, they find it difficult to comprehend ethnic and racial disputes in other countries as well. In addition, partly because there are so few African Americans in the field, political science faces a danger of unconscious insularity in methodology and outlook. Contributors argue that the discipline needs multiple perspectives to prevent it from developing blind spots. Taken as a whole, these essays argue with great urgency that African American political scientists have a unique opportunity and a special responsibility to rethink the canon, the norms, and the directions of the discipline.

Afterimage: Film, Trauma And The Holocaust Cover

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Afterimage: Film, Trauma And The Holocaust

The appearance of Alain Resnais' 1955 French documentary Night and  Fog heralded the beginning of a new form of cinema, one that used the narrative techniques of modernism to provoke a new historical consciousness. Afterimage presents a theory of posttraumatic film based on the encounter between cinema and the Holocaust. Locating its origin in the vivid shock of wartime footage, Afterimage focuses on a group of crucial documentary and fiction films that were pivotal to the spread of this cinematic form across different nations and genres.

Joshua Hirsch explores the changes in documentary brought about by cinema verite, culminating in Shoah. He then turns to teh appearance of a fictional posttraumatic cinema, tracing its development through the vivid flashbacks in Resnais' Hiroshima, mon amour to the portrayal of pain and memory in Pawnbroker. He excavates a posttraumatic autobiography in three early films by the Hungarian Istvan Szabo. Finally, Hirsch examines the effects of postmodernism on posttraumatic cinema, looking at Schindler's List and a work about a different form of historical trauma, History and Memory, a  videotape dealing with the internment of Japanese Americans during the Second World  War.

Sweeping in its scope, Afterimage presents a new way of thinking about film and history, trauma and its representation.

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