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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.

About Bach Cover

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About Bach

In About Bach, fifteen scholars show that the immense magnitude of Johann Sebastian Bach's achievement in the history of Western music extends from choral to orchestral music, from sacred music to musical parodies, and also to his scribes and students, his predecessors and successors. The contributors demonstrate a diversity of musicological approaches, ranging from close studies of Bach's choices of musical form and libretto to wider analyses of the historical and cultural backgrounds that impinged upon his creations and their lasting influence._x000B__x000B_Contributors are Gregory G. Butler, Jen-Yen Chen, Alexander J. Fisher, Mary Dalton Greer, Robert Hill, Ton Koopman, Daniel R. Melamed, Michael Ochs, Mark Risinger, William H. Scheide, Hans-Joachim Schulze, Douglass Seaton, George B. Stauffer, Andrew Talle, and Kathryn Welter._x000B_

About Crows Cover

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About Crows

Craig Blais

An unsentimental and at times disquieting first collection, the poems of About Crows excavate self, family, race, location, sex, art, and religion to uncover the artifacts of a succession of traumas that the speaker does not always experience firsthand but carries with him to refashion into some new importance. This is a book of half-states, broken affiliations, and dislocation.
            The speaker leads the reader through the fragments of a flooded town that grows increasingly elusive the more one looks for it; through a succession of Seoul "love motels" that further displace the outsider to unclaimed margins transformed into sites of creative invention; through "galleries" of artwork, where movement, color, and image are renewed through ekphrasis; and through the world of the metatextual long poem "The Cult Poem," where good and bad moral binaries tangle into a rat's nest of our best and worst spiritual ambitions.
            The poems and sequences of About Crows are marked by their artistic balance of the sublime and the profane, of polyphony, syntactical complexity, clashing images, cagey humor, and unsettling sincerity, all trying desperately to connect.

About Face Cover

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About Face

CECILE ROSSANT

About Face is a collection of short stories by Cecile Rossant.

About Psychology Cover

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About Psychology

Essays at the Crossroads of History, Theory, and Philosophy

Demonstrating how psychologists use theory, philosophy, and history to illuminate the subjects they study, this book explores both the obstacles and benefits of integrating these perspectives into contemporary Western psychology. It offers a timely survey of current ideas at the crossroads of these disciplines and represents new ideas about how psychology can respond to changes on what it means to be human and on how to further this knowledge. The convergence of history, theory, and philosophy is examined from three perspectives: the reconsideration of the importance of context in psychology; the argument that psychology is embedded in morality, values, and politics; and the consideration of the practice of such convergence, looking at how history, theory, and philosophy function in psychology. This book presents contemporary thinking by noted scholars who have made significant contributions to a re-visioning of psychology.

About the Dead Cover

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About the Dead

Poems

Travis Mossotti

Travis Mossotti writes with humor, gravity, and humility about subjects grounded in a world of grit, where the quiet mortality of working folk is weighed. To Mossotti, the love of a bricklayer for his wife is as complex and simple as life itself: "ask him to put into words what that sinking is, / that shudder in his chest, as he notices / the wrinkles gathering at the corners of her mouth." But not a whiff of sentiment enters these poems, for Mossotti has little patience for ideas of the noble or for sympathetic portraits of hard-used saints. His vision is clear, as clear as the memory of how scarecrows in the rearview, "each of them, stuffed / into a body they didn't choose, resembled / your own plight." His poetry embraces unsanctimonious life with all its wonder, its levity, and clumsiness. About the Dead is an accomplished collection by a writer in control of a wide range of experience.

About Writing Cover

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About Writing

Seven Essays, Four Letters, & Five Interviews

Samuel R. Delany

Award-winning novelist Samuel R. Delany has written a book for creative writers to place alongside E. M. Forster's Aspects of the Novel and Lajos Egri's Art of Dramatic Writing. Taking up specifics (When do flashbacks work, and when should you avoid them? How do you make characters both vivid and sympathetic?) and generalities (How are novels structured? How do writers establish serious literary reputations today?), Delany also examines the condition of the contemporary creative writer and how it differs from that of the writer in the years of Hemingway, Fitzgerald, and the high Modernists. Like a private writing tutorial, About Writing treats each topic with clarity and insight. Here is an indispensable companion for serious writers everywhere.

Above the Clouds Cover

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Above the Clouds

Status Culture of the Modern Japanese Nobility

Takie Sugiyama Lebra

This latest work from Japanese-born anthropologist Takie Sugiyama Lebra is the first ethnographic study of the modern Japanese aristocracy. Established as a class at the beginning of the Meiji period, the kazoku ranked directly below the emperor and his family. Officially dissolved in 1947, this group of social elites is still generally perceived as nobility. Lebra gained entry into this tightly knit circle and conducted more than one hundred interviews with its members. She has woven together a reconstructive ethnography from their life histories to create an intimate portrait of a remote and archaic world.

As Lebra explores the culture of the kazoku, she places each subject in its historical context. She analyzes the evolution of status boundaries and the indispensable role played by outsiders.

But this book is not simply about the elite. It is also about commoners and how each stratum mirrors the other. Revealing previously unobserved complexities in Japanese society, it also sheds light on the universal problem of social stratification.

Above the Thunder Cover

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Above the Thunder

Reminiscences of a Field Artillery Pilot in World War II

An extraordinary memoir of an aviator’s service in the Pacific Theater

“If you’re looking for macho, fighting-man talk, you’ve picked up the wrong book. . . . This is just an honest narration of some of my experiences . . . during my service in the U.S. Army between 1940 and 1945.”<br /> —Raymond C. Kerns

The son of a Kentucky tobacco farmer, Raymond Kerns dropped out of high school after the eighth grade to help on the farm. He enlisted in the Army in 1940 and, after training as a radio operator in the artillery, was assigned to Schofield Barracks (Oahu) where he witnessed the Japanese attack on Pearl Harbor and participated in the ensuing battle.

In the months before Pearl Harbor, Kerns had passed the Army’s flight training admission exam with flying colors. But because he lacked a high school diploma, the Army refused to give him flying lessons. Undaunted, Private Kerns took lessons with a civilian flying school and was actually scheduled for his first solo flight on the afternoon of December 7, 1941.

Notwithstanding his lack of diploma, Kerns graduated from Officer Candidate School and then completed flight training in the L-4 Piper Cub in late 1942. He was assigned to the 33rd Infantry Division in New Guinea and saw extensive combat service there and in the Philippines. In a simple but riveting style, Kerns recalls flying multiple patrols over enemy-held territory in his light unarmored plane, calling and coordinating artillery strikes. While his most effective defense was the remarkable maneuverability and nimbleness of the L-4, he was often required to defend himself with pistols and rifles, hand grenades, and even a machine gun that he welded to his landing gear and once used to blow up an ammunition dump.

Proud of his service and convinced of the effectiveness and cost efficiency of the L-4 pilots in the Pacific and Europe, Kerns earned the Distinguished Flying Cross and the Silver Star.

Above the Thunder, arguably one of the best memoirs of combat action during World War II, will appeal to military historians as well as general readers.

Abraham and Mary Lincoln Cover

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Abraham and Mary Lincoln

Kenneth J. Winkle

For decades Abraham and Mary Lincoln’s marriage has been characterized as discordant and tumultuous. In Abraham and Mary Lincoln, author Kenneth J. Winkle goes beyond the common image of the couple, illustrating that although the waters of the Lincoln household were far from calm, the Lincolns were above all a house united. Calling upon their own words and the reminiscences of family members and acquaintances, Winkle traces the Lincolns from their starkly contrasting childhoods, through their courtship and rise to power, to their years in the White House during the Civil War, ultimately revealing a dynamic love story set against the backdrop of the greatest peril the nation has ever seen. 

When the awkward but ambitious Lincoln landed Mary Todd, people were surprised by their seeming incompatibility. Lincoln, lacking in formal education and social graces, came from the world of hardscrabble farmers on the American frontier. Mary, by contrast, received years of schooling and came from an established, wealthy, slave-owning family. Yet despite the social gulf between them, these two formidable personalities forged a bond that proved unshakable during the years to come. Mary provided Lincoln with the perfect partner in ambition—one with connections, political instincts, and polish. For Mary, Lincoln was her “diamond in the rough,” a man whose ungainly appearance and background belied a political acumen to match her own. 

While each played their role in the marriage perfectly— Lincoln doggedly pursuing success and Mary hosting lavish political soirées—their partnership was not without contention. Mary—once described as “the wildcat of her age”—frequently expressed frustration with the limitations placed on her by Victorian social strictures, exhibiting behavior that sometimes led to public friction between the couple. Abraham’s work would at times keep him away from home for weeks, leaving Mary alone in Springfield. 

The true test of the Lincolns’ dedication to each other began in the White House, as personal tragedy struck their family and civil war erupted on American soil. The couple faced controversy and heartbreak as the death of their young son left Mary grief-stricken and dependent upon séances and spiritualists; as charges of disloyalty hounded the couple regarding Mary’s young sister, a Confederate widow; and as public demands grew strenuous that their son Robert join the war. The loss of all privacy and the constant threat of kidnapping and assassination took its toll on the entire family. Yet until a fateful night in the Ford Theatre in 1865, Abraham and Mary Lincoln stood firmly together—he as commander-in-chief during America’s gravest military crisis, and she as First Lady of a divided country that needed the White House to emerge as a respected symbol of national unity and power. 

Despite the challenges they faced, the Lincolns’ life together fully embodied the maxim engraved on their wedding bands: love is eternal. Abraham and Mary Lincoln is a testament to the power of a stormy union that held steady through the roughest of seas.

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