Devious Means Research Articles

Circumventing Section 116 Through ‘Indirect or Devious Means’: Freedom of Religion and the Boundaries of Executive Power

This article considers how section 116 of the Australian Constitution applies to executive power. Notwithstanding that the express terms of s 116 apply only to legislative power, we argue that s 116 should be interpreted to also limit the exercise of executive power. A literal interpretation would have the effect that the Commonwealth can circumvent a constitutional limitation on legislative power through the exercise of executive power and would undermine the fundamental constitutional principle of legislative supremacy. An implication that s 116 restricts executive power in the same fashion as legislative power enhances the coherence of the Constitution as creating an integral polity and eliminates disconnect between legislative power and executive power with respect to the same subject matter.

The Bricoleur Economy

This article uses the concept ‘Bricoleurs’ to analyse the different categories of indigenous small- scale miners in Zimbabwe. Indigenous citizens constitute the bulk of the small and medium scale gold miners who continue to use antiquated methods of extraction and processing and they market their gold through illegal networks managed by middlemen. The study highlights the challenges Bricoleurs encounter in forcing inclusion into the mainstream mining economy, and the government’s failure to capture them into the formal gold market. The indigenous gold miners’ experiences reveal the trials posed by fragmented and incoherent legal and institutional policy frameworks that militate against the Bricoleur miners’ productivity. With gold deposits found all over the country, and in the absence of supporting organisational structures, the Bricoleurs’ self-empowerment through devious means has become accepted by mining authorities. Data for this article was collected mostly through interviews with different stakeholders in the gold mining industry in Harare, Shurugwi and Chakari in Zimbabwe.

ROLE OF EDUCATION FOR THE EMANCIPATION AND THE EMPOWERMENT OF DALITS IN INDIA

School and college is a place where young minds are nurtured and are allowed to understand the values of life by teaching them the different aspects of the same such as honesty, discipline, togetherness, equality, respectability etc. which are the fundamental issues of one’s life. They learn new things about the world and get to familiarize themselves with various worldly affairs. But what will happen when school and college differentiate among the students on the grounds of caste and creed. Scenario for Dalits in the Indian edification system was pitiable. Children from lower strata were forced to take a seat in the open-air, whereas those who belong from upper castes were imparted inside the classrooms. Tutors used to prevent themselves from touching children from lower strata. They used to fling wicker canes on them from the distance hence making Dalits realize that they are polluted, hence instilling sense of alienation in the young minds. Study also shows that Dalits since time immemorial are not allowed to avail the facility of education. Although they went to school and colleges but they were denied the fundamental rights implicitly through different devious means.

Notes from the Editors, May 2012

buy this issueUniversity of Nevada, Las Vegas physicist John W. Farley's very important review essay on James Lawrence Powell's new book, The Inquisition of Climate Science, in this month's issue of MR raises critical questions with respect to science, corporate propaganda, and the future of humanity.… To understand the serious propaganda challenge that has confronted capitalist interests intent on denying climate change and the devious means used to get around this, one needs to recognize that the scientific consensus on climate change is an extremely strong one. Science, which generally encourages controversy, is in this case speaking with one voice. Naomi Oreskes, a professor of history and science studies at the University of California, San Diego…published an article in Science in 2005 studying global climate change articles in peer-reviewed scientific journals between 1993 and 2003. She found a total of 928 peer-reviewed scientific articles on global climate change. Of these 928 pointed to human-caused climate change, while on the "other side" there were exactly zero denying this.This article can also be found at the Monthly Review website, where most recent articles are published in full.Click here to purchase a PDF version of this article at the Monthly Review website.

VIII. Godefridus cognomento alemannus. Die Kollegiatkirche Saint-Quiriace und der Grafenhof zu Provins im Spiegel fingierter Privilegien eines katharischen Kanzleinotars und Juristen

Article VIII. Godefridus cognomento alemannus. Die Kollegiatkirche Saint-Quiriace und der Grafenhof zu Provins im Spiegel fingierter Privilegien eines katharischen Kanzleinotars und Juristen was published on August 1, 2009 in the journal Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung (volume 95, issue 1).

Les belles ténébreuses by Maryse Condé

Lord Byron by Ada, Pinker's sec ond daughter. Hence, his memoir, although lacedwith a generous dose of erotic display, is in realitya pro testagainst theexploitation ofwork ers on coffee plantations inAfrica and Latin America in theVictorian era. It isevident fromhis declaration in theposh drawing rooms ofMay fairandWestminster that "the only bloodthirsty savages Ihad met were wearing white skins and the khaki uniforms of the French and British armies; that what we now called Trade was simply a continuation of slavery by more devious means; that the natives I had lived among were as sophisticated in theirway as any society I had come across in Europe." This incisive indictment of European colonialism with such a broad sweep is perhaps debatable to some, but Robert is ingood com pany because his view echoes those ofMontaigne, CG. Jung,and even Voltaire. Anthony Capella is cer tainlyversed in the subjecthewrites about in thisbook. RonnyNoor UniversityofTexas, Brownsville Maryse Conde. Les belles tenebreuses. Paris. Mercure de France. 2008. 294 pages. 18. isbn978-2-7152-2832-0 Les belles tenebreuses (The obscure beauties) is Maryse Conde's seven teenth work of fictionsince 1976.She is a natural storyteller who observes with humor the failings of the con temporaryworld. She has said that each person should define herself or himself, not claim an identitybased on nationality, race, or genealogy, which is always imposed: "Who among us has chosen his birthplace, country, religion?" In Les belles tenebreuses, the "hero," Kassem, is half-Guadeloupean, half-Rumanian, born in France, and attracted both to buxom women (although often rejected, even by prostitutes) and to his boss, Ramzi, who treatshim like a child. Kassem has neither a ready-made group identitynor the strength to define himself. He is weak and indecisive, afraid to be responsible forhis life,always need ing the advice of others.After he is mistakenly identified as a Muslim terroristbecause of his skin color and his Arabic-sounding name, he converts to Islam and has himself circumcised, primarily toplease his demanding Senegalese fiancee, with whom, rather improbably, he likes to recite poetry. In contrast, Ramzi, a clever charlatan with a fake uni versitydegree, works foran African dictator, then forother disreputable characters inFrance and theUnited States. He keeps reinventing him self,and avoids being judged forhis sexual behavior with thedead bod iesof young virgins inhismortuary establishment. The narrator of Les belles tene breuses often addresses her read ers directly,mocking her story,her characters, people of all nation alities. The novel is set initially in E an African country: "I know you E want to know more . . .but Iwon't E tell you anything. All you need to E know is it's in one of those sunny E countries,darkened, alas, by thedie- E tator, a president for life,whose E subjects, tired of dying of hunger E slowly, leave to die more quickly E in fires in the slums of Paris." Chil- E dren of immigrants in France, the E "second generation," with whom E Kassem works for a Catholic char- E ity tryingunsuccessfully to "inte- E grate" them, are undisciplined and E lazy.African American intellectuals E see themselves as important and E famous,while deploring the plight E of "minorities," forwhom they do E nothing. Because Ramzi is supE ported by influentialblack leaders, E Kassem is afraid to tell the authori- E tieswhen he discovers thathis boss E is killing young women by selling E thempoisoned lipstick.Conde even E mocks West Indians, who imagine E that their region is "the center of E theworld"; theEnglish, who like to E invent party games on shipboard; E and American university students, E who absorb thewords ofwisdom of E theirprofessors as the apostles did E those of Jesus. Les belles tenebreuses E isamusing, fast-paced, and not tobe E taken too seriously. E Adele King E Paris E RatomirRale Damjanovic. Nebo nad E cirkusom. Belgrade. Itaka.2008. 152 | pages, isbn978-86-81635-55-1| Ratomir Damjanovic (b. 1945) is E popular as an outstanding journalist E working forRadio Beograd. He has E some twelve books of novels, short E stories, and essays and is verywell E known for his coauthored anthol- E ogy Serbia . . . in the Works...

The Science of the Concrete

When the anthropologist Claude Levi-Strauss introduced the concept of bricolage in La Pensée Sauvage, he noted that the verb form, bricoler, was traditionally used “with reference to some extraneous movement,” as a kind of rebound or swerving; the bricoleur he wrote, “is still someone who works with his hands and uses devious means compared to those of a craftsman.”1 Though counterposed to a rigorous science that develops tools from raw materials, the “heterogeneous repertoire” of bricolage nevertheless can allow for “brilliant unforeseen results” and potentially new forms of knowledge. Recent art and critical activities have renewed interest in these “devious means,” in part as a way of revisiting the use-value of the readymade and, more pointedly, as a way of addressing a globalizing consumer culture.

Canadian asbestos: a global concern.

The impact of the chrysotile (white asbestos) industry at home and abroad was the focus of the first independent conference on asbestos to be held in Canada. In September 2003, Canadian asbestos victims and international experts met to examine a wide range of issues on Capital Hill, Ottawa; victims and their relatives spoke eloquently of the devious means used by asbestos stakeholders to maintain control of the national asbestos agenda. At the conclusion of the conference, Ban Asbestos Canada, a campaigning group to assist victims and raise awareness of Canada's tragic asbestos legacy, was formed.

Organ Theft Narratives

Organ Thet Narratives* Organ-theft narratives express a unified set of beliefs in organized criminal groups of organ traffickers who use kidnapping and murder, often of children and infants, to procure human organs for a vast network of medical professionals engaged in covert transplants that yield huge sums of money for both the criminal traffickers and the medical professionals. narratives occur in three categories, baby parts, sacaojos, and stolen kidney. 1. Baby Parts. Many of these narratives relate alleged cases of large-scale criminal diversion of infants from the network of international adoption agencies. These texts, which first appeared in Latin America around 1985, have since spread to other parts of the globe and have spawned many rumors that have led to incriminatng accusations and passionate denials. An official controversy emerged when a motion condemning the traffic in organs of Third World babies was initiated by French Representative Danielle de March (affiliated with French Communist Party) and was adopted by the European Parliament by majority vote on 15 September 1988. This document reiterated accusations against the United States and Israel that had appeared in 1987 in popular media throughout Latin America when clandestine orphanages housing children to be adopted internationally (and often obtained by devious means, which included outright kidnapping) were dismantled in Honduras and Guatemala. Israel did not react to the European Parliament's, action, but on 8 October 1988, the American Under Secretary of State Richard Schiffer wrote an official letter to Karel de Gutch, Chair of the European Parliament's Human Rights' Committee, protesting the Parliament's action (Campion-Vincent 1990). These official protests to the accusations have continued ever since to characterize American diplomacy. United States Information Agency (USIA), which is linked to the State Department, continues to campaign vigorously against these accusations while eliciting denials from American authorities. From 1987 to 1996, Todd Leventhal, a USIA officer, identified himself openly with the fight against The Baby Parts Myth (Leventhal 1992) which he later designated as The Child Organ Trafficking Rumor (Leventhal 1994). Narrative accounts of this alleged trafficking appeared in popular media of various countries from 1987. Then in 1992 a new variation occurred, when after the collapse of the Iron Curtain, the stories were set in eastern Europe. emergence of a surge of international adoptions of eastern European orphans generated popular suspicion of the criminal diversion of children for their body parts; the rumors soon led to official action by several involved nations. Bulgaria, for example, required prospective foreign adoptive parents to pledge (by signing a form) that I will not permit my child to be an organ donor nor allow the child to give organs or be a part of any medical experiment (Leventhal 1994:6). Such actions were, above all, the result of beliefs in and tales about human body parts that arose from popular fears that were first elaborated in the media and then adopted by government authorities and other elite segments of society. 2. Sacaojos. A parallel belief tradition about organ theft from children became prevalent in Latin America in these same years. In documenting the criminal activities of alleged Sacaojos `eye thieves,' these beliefs provided the raw materials for authentic folk tales. A plethora of such stories soon were in circulation telling of the kidnapping and mutilation of children. They quickly assumed a mawkish-tragic tone in telling of the reappearance of a lost child, now mutilated, blind, or missing one kidney. In his pocket is an important or ridiculous sum of money and a scribbled note, e.g., Thank you for your eyes. They are powerful horror stories in which the kidnappers are described as foreigners, dressed in black leather and armed with sub-machine guns, who suddenly pop out of big shiny black (red, blue, or yellow) cars or ambulances to kidnap children whom they later release with missing body parts. …

J. Edgar Hoover, Sex, and Crime: An Historical Antidote.

Was J. Edgar Hoover a homosexual? And did organized-crime leaders, knowing this, blackmail the FBI director into leaving them alone? These charges won almost instant popular acceptance when they were aired in a sensational biography of Hoover in 1993. But Athan Theoharis, the foremost authority on Hoover and the FBI, here shows that the accusations are spurious-and not nearly as intriguing as Hoover's real attitudes toward sex and organized crime. Theoharis takes apart the argument for Hoover's homosexuality, then goes on to paint a chilling portrait of a moralistic bureaucrat who would not hesitate to use sex-related information against his political enemies-when it could not be traced to FBI investigations. Theoharis explains why the FBI's ineffectiveness in pursuing organized-crime leaders stemmed from the same political priorities that gave Hoover broad authority during the cold war years to use illegal investigative techniques and to focus on political activities. Punctuating his narrative with case materials from the FBI's secret files-on presidential candidates, senators, congressmen, artists and writers, college presidents, and others-Theoharis unravels the brilliantly devious means that Hoover used to accomplish his political ends. And he shows how they contributed to a culture of lawlessness within the FBI itself.

Gordimer’s rendition of the picaresque in A Sport of Nature

The aim of this article is twofold: firstly, to explore the picaresque elements present in Nadine Gordimer’s A Sport of Nature and secondly, to relate them to her more pronounced stance on feminism which has evolved since the 1980s. I suggest that an appropriate reading strategy would not only foreground these issues but also highlight A Sport of Nature as one of her most underrated novels. Following the example of the Latin American authors Isabel Allende and Elena Poniatowska, Cordimer has appropriated the picaresque tradition as an ideal vehicle to depict the elements of social critique and feminist assertion which characterize A Sport of Nature. The ironic retrospective stance on society, conventionally represented by a picaro as a social outcast, is reinforced by the introduction of a picara, thereby underlining the double marginalization of women as subjects and sexual objects. I propose that a feminist-oriented reading of the text which recognizes this subversive quality, would lend a different dimension to its interpretation. The character of Hillela serves as an implicit example of female ingenuity which attains political equality through devious means despite, and as a result of, the constraints of a hypocritical society and an entrenched patriarchal system. Seen from this perspective, the seemingly disparate elements of the novel coalesce to present a damning picture of contemporary society.

Lévi‐Strauss's Bricolage and Theorizing Teachers' Work

The concept of bricolage, as it is developed by Lévi‐Strauss, is useful in characterizing the form of teachers' work. It subsumes extensive research concerning teachers' work and provides a heuristic device for developing causal explanations of teachers' work. This article begins with an account of bricolage on the technical plane and bricolage on the plane of speculation. The latter is distinguished from abstract science. Those features of teachers' work that should be seen as bricolage are discussed. These include conservatism, limited creativity, repertoire enlargement, teachers' use of theory, the use of devious means, and ad hocism. Some causal explanations of these features are then suggested. These include anticipatory socialization, preservice experiences reinforcing anticipatory socialization, failures and omissions in teacher education programs, and constraints in the work situation. The article concludes with an account of how the concept of bricolage functions to refine causal explanations of the form of teachers' work.

Teachers’ Work as Bricolage: implications for teacher education

Abstract The concept of bricolage, as it is developed by Levi‐Strauss, is useful in characterising the form of teachers’ work, it subsumes extensive research on the form of teachers’ work and provides a heuristic device for developing causal explanations of the form of teachers’ work as well as drawing together and unifying explanations developed in the literature. This assists and informs interventions to promote progressive pedagogy. The paper begins with an account of bricolage and its relationship to a science of pedagogy. Next, features of teachers’ work which push it towards bricolage are discussed, viz. conservatism, limited creativity, repertoire enlargement, teachers’ use of theory, the use of devious means, and ad hocism. Causal explanations of various of these features are discussed, viz. anticipatory socialisation, aspects of preservice teacher education experiences and constraints in the work situation. The paper concludes with a discussion of implications for teacher education of taking seriously the suggestion that teachers’ work is bricolage and taking seriously the associated causal explanations. It is argued that a critical starting point for progressive change in educational practice is the provision of inservice for tertiary educators who may themselves be bricoleurs. Without this, the significant necessary changes to preservice students’ on‐campus and within school experiences are unlikely to be supported or legitimated.

The Mighty She-Trolls of Icelandic Saga and Folktale

THE she-trolls of Icelandic saga and folktale seem, in general, similar to their male counterparts to the extent that one would normally expect females to be to males.' On the whole less militant, they are nevertheless, similarly, for the most part a rather sinister crew, ranging in negative disposition from cannibalistic propensity and general homicidal inclination to mere mischievousness towards human beings. Like the males, they are, however, sometimes content to coexist peacefully with humankind, minding their own business, and can on occasion be friendly and helpful, even tenderly or aggressively amorous, just as the males can be rapaciously so. Orvar-Oddr's giant nurse-mistress Hildigunn and Hilfdan's patroness-mistress Brana, also daughter of a giant, are examples of the benevolent side of the eternal feminine manifesting itself within an Otherworld of creatures for the most part alien or hostile to man.2 Readers of the Icelandic sagas and folktales can, however, hardly avoid being on occasion amazed at the exceptional physical strength and ferocity attributed to she-trolls. Granted that supernatural beings, male and female-sometimes even dwarfs-are often credited with uncanny superhuman strength, there are instances of trollwomen exhibiting truly astounding, unexpected might out of tune with the general tradition, viz., where the females display a power and ferocity that make them appear more fearsome and dangerous than their male kin or mates, a phenomenon that must certainly have seemed startling within a literature greatly preoccupied with the exploits of male heroes. There is no indication or suggestion within the mainstream of the Icelandic saga tradition that Nordic folklore firmly embraces, with respect to what can be described as the trollworld, the motif of the female of the species deadlier than the male. In Eddic literature giantesses, though at times described as huge and immensely powerful, do not seem particularly militant or ferocious; certainly they are less so than their male counterparts. True, Thor is credited with slaying a number of giantesses, such as Thrymr's sister, yet they are not seen as facing him in combat or offering serious resistance, even if Geirr6dr's daughters attempt to kill him by devious means before having their backs broken. Admittedly, the fierce god of thunder is not easy to resist, and facing him is a rather fearful proposition, but other Eddic gods and heroes do not engage giantesses in combat either.3 And while little is preserved of early literature from mainland Scandinavia, neither what records we do possess nor later folktale tradition from these lands seems to reflect the motif of the supernatural demonic female being more powerful and dangerous in combat than the male. This suggests that it was never deeply rooted or firmly embedded in Scandinavian folklore, and is thus open to suspicion of external influence. A logical candidate for such a source of influence exists within Celtic tradition, viz., a widespread folktale from Ireland and Scotland wherein a hero slays one or more giants or similar supernatural creatures, whereupon he fights their 'hag' mother; sometimes her husband is also among the hero's victims. The female proves to be by far the most formidable opponent with her enormous power and ferocity; the hero is long in dire trouble and prevails only after a lengthy struggle, usually with some external aid, mostly that of a helpful animal.

Bricolage, Analogies and Hinges: Order in the Recombinant Universe of "Tristram Shandy"

the first chapter of The Savage Mind, Claude Levi-Strauss happily introduces old word into the lexicon of modern aesthetics-bricolage.1 Levi-Strauss contrasts the strategy of a bricoleur to that of engineer. While the engineer moves rationally and directly towards his purpose, the bricoleur uses devious means and adapts whatever is at hand to serve his needs. Rather than designing or purchasing tools for a particular job, the bricoleur engages a sort of dialogue with the of previous constructions and destructions, considers the possibilities inherent in his treasury of left-overs and builds his new structure from the debris of old. its modern sense (the sense which Levi-Strauss employs) a bricoleur is ingenious handy man or putterer who overcomes the difficulties of a current project by readapting materials and tools from previous projects. The concept seems richer still in view of the word's uses: a catapult, indirect tennis stroke, the rebound of a ball, a zigzag, a detour or a trick. It has even meant a harness used by soldiers to drag cannon through spaces too narrow for a horse. one way or another all these meanings involve strategies of indirection used to overcome problems that cannot be addressed by ordinary and more direct means. Returning to Levi-Strauss, In the continual reconstruction of bricolage earlier ends... are called upon to play the part of means: the signified [i.e., the concept] changes into the signifying [i.e., the image] and vice versa. Thus mythical thought [a kind of bricolage] builds up structures by fitting together the remains of events, and-though it is limited by the constraints of prior experiencemythical thought never tires of ordering and reordering [events] in its search to find in them a meaning. So personal is this particular form of ordering that the bricoleur gives an account of

Henry Stubbe, Radical Protestantism, and the Early Enlightenment

Called 'the most noted person of his age' by Anthony Wood, Henry Stubbe (1632–76), classicist, polemicist, physician, philosopher and the most important critic of the early Royal Society, has never had a biography. This study seeks to fill that gap, while standing received opinion about him on its head. The older view has it that at the Restoration Stubbe renounced his radical past and became the enemy of scientific progress and a reactionary defender of church and monarchy. Professor Jacob shows instead that Stubbe continued to espouse radical views after 1660 by devious means. Publicly he resorted to a rhetoric of subterfuge, while he let the full extent of his radicalism be known in private conversations at Bath and in an important clandestine manuscript (which Jacob proves to be his) that circulated among radicals from the early 1670s well into the eighteenth century.

I. The Lisle–Seymour Land Disputes: a Study of Power and Influence in The 1530s

In February and March 1539 Edward Seymour, earl of Hertford, visited Calais on a commission for examining the town's fortifications. Returning to England, he promised Arthur Plantagenet, Viscount Lisle, the lord deputy of Calais, who had entertained him during his stay, his goodlordship and a horse with saddle and harness. In exchange, Lisle's wife dispatched from Calais a present of a stole and a linnet, and she also asked the Seymours if her daughter by a previous marriage might be placed in their care. The exchange of gifts derived partly from the amicability struck up during Seymour's visit; but it was also part of an act of reconciliation. In the previous five years or so, the Lisles and Seymour had clashed, bitterly but not violently, in two land disputes. In the first dispute, the ageing, grossly inefficient, heavily indebted, blue-blooded and heirless Lisle was the victim; in the second dispute, it was Lady Lisle's son by her first marriage. In each dispute, Edward Seymour was the aggressor, unmercifully exploiting legal loopholes. In each case, in the first instance, when the matter came before the law, Seymour was thwarted: by an award in Chancery in the first dispute, and by the king's intervention in the Court of Common Pleas in the second; and then, by more devious means, he managed to have his way. The disputes shed light on the personality of Edward Seymour, the future protector Somerset, and also upon the power and influence open to certain subjects within the Tudor system of government.

Modern materia medica.

In 1921 when I entered practice after declining an invitation to continue in the academic fold, I asked my friend, Wilburt Davison, whether I should apply for membership in the American Pediatric Society. He very kindly explained that things were not done that way. I shall not discuss the devious means by which I finally crawled under the tent. Last spring while on a honeymoon in Europe I was told that I had been given the presidency as a wedding present. I appreciate the honor and thank you all. Along with the honor of the office comes the formidable task of delivering a presidential address. In reading over the speeches of my predecessors I was much impressed with their high standards, and I feel quite incapable of equaling their excellence in philosophizing upon the pathways of pediatric practice, education, or research. In fact all the geographic landmarks such as the

Editorial: What Are the Biological Bases of Responsibility?

PERSPECTIVES IN BIOLOGY AND MEDICINE Volume V · Number ? · Spring 1962 EDITORIAL: WHAT ARE THE BIOLOGICAL BASES OF RESPONSIBILITY? On the ward ofan institution for the feeble-minded lies a boy with a small body and an enormous head filled with fluid whichhas compressed the braininto athinsheet. Nearby is an ambulatory young adult with a tiny head. In a nursing home an old man lies in restraint; he has lived a useful, exemplary life, but, now a victim ofa senile psychosis, he tries to kill. Almost all decisions are made for each person, but though they may protest feebly, nobody speaks for them or claims diat their rights as citizens are violated. Some who are feeble-minded or mentally ill have identifiable structural or biochemical defects ofthe brain which explain their behavior. But as far as the majority ofbrains ofthefeebleminded and the insane are concerned, there is no direct means of showing the ways in whichthey differ from thenormal. Society accepts the idea ofincompetenceand irresponsibility for the very young and for those designated as senile, feeble-minded, or insane. When is an individual responsible for his acts? Not all individuals who are medically insane arejudged incompetent by the courts. Sometimes individuals are freed ofresponsibility by the courts on the basis of false claims of insanity. Among the voters brought to the polls by the political machines ofour great cities are individuals with feeble minds and others with psychoses who have never been judged incompetent by the courts. In other parts ofthe country local courts may uphold devious means ofdepriving individuals oftheir legal rights solely because they are Negro. Most ofus think that we understand these levels ofcompetence and responsibility and the ways in which relevantjudgments ofthe law and society can go awry. But there are deeper questions which embrace all ofhuman conduct. Can biology bring new insights into ethics? I ask the question without implying that an adequate system of ethics could be developed solely out ofknowledge ofbiology. Treatment ofthe criminal is gradually evolving away from the idea that society must achieve revenge toward the objective ofre-educating the criminal and preventing crime. Most rules ofsociety require that the criminal be held accountable for his acts. However, it can be argued that he is not responsible for his crime; society is responsible, for it did not provide a favorable environment. Theimplication is that society, but not the criminal, is endowed with freedom to choose between right and wrong and could have behaved differently ifit were not perverse and an ass. But, how does society, which is made up of 267 individuals, achieve a freedom ofchoice which is assumed to be lacking in the criminal? Moreover, how does the individual protagonist ofthis philosophy achieve freedom of choice and a special knowledge of truth? The ideathat the criminal is irresponsible is old buthas recently gained favor among social scientists and in some courts, and is sometimesused as an excuse to free thecriminalwithoutprotecting society from the risk of additional crimes. Ifthe criminalact is the product ofseed and soil, are there any citizens who are free and responsible? We assume freedom for ourselves and our fellows except when talking about these special problems. There is a partial resolution of this dilemma which is at least twenty-five hundred years old: the Indian concept "Athman-Brahman" (the personal self equals the omnipresent, allcomprehending external self). Man is the embodiment of innate drives and past experiences —all ofthe internal and external past and present causes. Man is not an unchanging black box in which the output is determined solely by input. He is not a bit offlotsam, but a changing, learning organism with a memory for scanning great stores ofinformation . Man makes the choice, but is it a free or a determined choice? Ifman is the embodiment of bad environment, it may be held that he too is bad. This differs from the idea ofsome religions that man is born tainted by original sin, and it differs from some current concepts ofthe everlasting dignity ofman. There have been abortive attempts to build a body of information on the biology of ethics. I suspect that an appeal for further attempts will bring a retort from philosophers that it...

The favorite: An ethical problem in procurement

THE ACCEPTED METHOD of purchasing engineering equipment is by competitive bidding. The problem presented here is the problem of the favorite. Let us assume that for one reason or another we have settled on a favorite supplier of synchronous motors. We are convinced that this is the right and the only equipment to recommend. We are now faced with several ethical questions, such as: How can we justify our position and avoid taking competitive bids? If we have taken this position, do we have a right to ask for competitive bids? If we are forced to ask for competitive bids, should we arrange to purchase our favorite product by devious means?