This paper argues that in the search for explanatory power, critical realist research has neglected, trivialized, or dismissed prescriptive power, the capacity for an explanation to offer insights for informing practical ameliorative action. In addition to explanatory power and multitheoretic-linguality, the effective exercise of judgmental rationality also requires a consideration of prescriptive power, else it fails to realize its emancipatory commitment. Building on previous discussions of the criteria for judgmental rationality, the paper considers a (...) prescriptive fallacy in critical realist research that conflates explanatory and prescriptive power, and that instead researchers have a prescriptive commitment which can be realized in part through reflective questioning. The paper hopes to stimulate reflection and debate on the role of prescriptive power throughout the research process, and thereby support increased impact in research. (shrink)

Redefining, redrawing, and resetting the respective domains of philosophy, medicine, and health care, this book provides a conceptual point of departure from which the radical changes that will be required of health care in the next century can be envisioned and acted upon. It provides critical analyses of the conceptual apparatus that informs the many dimensions of health care practices, challenging the fundamental relationships of authority that exist between patients and health care practitioners, questioning the tradition of using classical ethical (...) theories within the domain of health care, and suggesting a set of different directions in which health care should develop. (shrink)

Epistemic evaluation is often appropriately prescriptive in character because believers are often capable of exercising some kind of control—call it doxastic control—over the way in which they regulate their beliefs. An intuitively appealing and widely endorsed account of doxastic control—the immediate causal impact account—maintains that a believer exercises doxastic control when her judgments about how she ought to regulate her beliefs in a particular set of circumstances can cause the believer actually to regulate her beliefs in those circumstances as (...) she judges she ought to. I show here that the immediate causal impact account is ultimately untenable. Nevertheless, the immediate causal impact account gets something important about the nature of doxastic control right: exercising doxastic control involves being such that one’s conception of ideal belief regulation somehow shapes the way in which one actually regulates one’s beliefs. Thus, I develop here an alternative account according to which, insofar as she exercises doxastic control, a believer’s conception of ideal belief regulation shapes the way in which she actually believes by exerting causal power directly on her dispositions to regulate her beliefs in certain ways. I defend this alternative against other competitors by showing that it can be extended to supply a unified account of rational control that explains why evaluation with respect to the various different norms of rationality that govern the way in which we form, revise and sustain not only our beliefs, but also our intention, hopes, fears, etc. is often appropriately prescriptive. (shrink)

Tom Campbell is well known for his distinctive contributions to legal and political philosophy over three decades. In emphasising the moral and political importance of taking a positivist approach to law and rights, he has challenged current academic orthodoxies and made a powerful case for regaining and retaining democratic control over the content and development of human rights. This collection of his essays reaches back to his pioneering work on socialist rights in the 1980s and forward from his seminal book, (...) The Legal Theory of Ethical Positivism (1996). An introductory essay provides an historical overview of Professor Campbell's work and argues for the continuing importance of 'democratic positivism' at a time when it is again becoming clear that courts are ineffective protectors of human rights. (shrink)

ABSTRACTIn April of 2000, Diana Levine went to a clinic in Vermont suffering from a migraine headache. She was given the drug Demerol for the migraine symptoms and Phenergan for nausea. Complications with the administration of Phenergan ultimately resulted in Ms. Levine contracting gangrene, necessitating the amputation of her right arm. Ms. Levine sued the drug maker, Wyeth Pharmaceutical, in state court and prevailed. The lower court's decision was appealed by Wyeth to the state supreme court where the ruling was (...) confirmed. Wyeth next appealed to the U.S. Supreme Court which, to the surprise of many observers, affirmed the judgment of the state supreme court. At issue was the fundamental question of the ability of consumers to obtain redress against negligent manufacturers in state courts. Wyeth's arguments to the Court were based upon preemption: Foodand Drug Administration approval of a drug preempts the ability of injured consumers like Ms. Levine to recover in state courts despite years of precedent to the contrary. Ability to recover damages in state courts represents, perhaps, the most important safety net available to consumers injured by defective products. A ruling by the Supreme Court that FDA‐approved labeling of pharmaceuticals preempts the reach of the state courts would have severely compromised the balance of power between consumers and producers. (shrink)

This book analyzes the links between political economics, governance structures and the distribution of political power in economic policy making. The book theoretically explains and empirically quantifies these interactions. The analysis includes both public good policies and redistributive policies. Part I of the book presents the conceptual foundations of political-economic bargaining and interest group analysis. After presenting the underlying theory, Part II of the book examines ideology, prescription and political power coefficients; Part III analyzes a number of specific (...) structures; and Part IV presents a framework for political econometrics with a number of empirical applications and testable hypotheses. In all four parts of the book, four analytical dimensions of public policy are distinguished: governance structures, political economy, mechanism design and incidence. (shrink)

Consciousness is many things. It bestows upon humans the ability to interpret outside signs - to think. It allows us the power to establish the value of a perceived object - to feel. Consciousness embodies intuition, making it possible for humans to establish relationships between subjects and objects, thus moving away from passive acceptance of the world around them. However, Dr.

In this book, a distinguished international group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its implications for the constitutionally defined roles of legislatures and courts. The issues are illustrated with recent developments in Australian constitutional law.

Introduction -- John T. PARRY: Pain, Interrogation, and the Body: State Violence and the Law of Torture -- Fernando PURCELL: "Too Many Foreigners for My Taste": Law, Race and Ethnicity in California, 1848-1852 -- Shani D'CRUZE: Protection, Harm and Social Evil: The Age of Consent, c. 1885-c. 1940 -- Ruth A. MILLER: Sin, Scandal, and Disaster: Politics and Crime in Contemporary Turkey -- İştar GÖZAYD1N: Adding Injury To Injury: The Case of Rape and Prostitution in Turkey -- Dani FILC and (...) Hadas ZIV: Exception as the Norm and the Fiction of Sovereignty: The Lack of the Right to Health Care in the Occupied Territories -- Alban BURKE: Mental Health Care During Apartheid in South Africa: An Illustration of How "Science" Can be Abused -- Rui ZHU: Schistosomiasis and Capital Marxism -- Elena A. BAYLIS: The Inevitable Impunity of Suicide Terrorists -- Douglas J. SYLVESTER: The Lessons of Nuremberg and the Trial of Saddam Hussein -- Kirsten AINLEY: Responsibility for Atrocity: Individual Criminal Agency and the International Criminal Court -- Roberto BUONAMANO: Humanity and Inhumanity: State Power and the Force of Law in the Prescription of Juridical Norms -- Vincent LUIZZI: New Balance, Evil, and the Scales of Justice -- Jody LYNEÉ MADEIRA: The Execution as Sacrifice -- Bram IEVEN: Legitimacy and Violence: On the Relation between Law and Justice According to Rawls and Derrida -- Notes on Contributors. (shrink)

Environmental ethics has an identity and public image problem. Unlike the other applied ethics subfields like biomedical or business ethics, environmental ethics is surprisingly devalued and even rejected as a possible contributor to confronting effectively the global environmental crisis by anti-environmental philosophers and public policy analysts. Thus, environmental ethics has many critics, both within and outside of philosophy, who strongly challenge the contemporary, practical social relevance of this academic field.In contrast to this critical viewpoint, this essay argues for the profound (...) significance of environmental ethics to the environmental crisis, and, in that way, seeks to present a successful rebuttal to the misguided critiques of this area of philosophy. The argument aims to demonstrate how environmental ethics can facilitate social criticism of the prevailing modern social values and the social institutions associated with the market or consumer capitalist society built upon them. My approach will center its insights and prescriptions upon the philosophical grounding of the collective movement for ecologically-and ethically-based social criticism and social change.I conclude the essay by emphasizing: 1) the normative nature of environmental problems (as opposed to an exclusive scientific or technological conception of such problems), and 2) environmental ethics and philosophy as powerful catalysts for necessary social change in order to save the world through social criticism of the status quo ecologically unsustainable and unethical (exemplified by unjust) modern social values such as, limitless economic growth. These points support the upshot that much more is at stake in the controversy over the nature and value of environmental ethics than the typical academic debate: nothing less then the fate of our planet. (shrink)

This essay looks at the relationship between formative aesthetics, language and the historical anticipation that begins with Antonio Gramsci's discussion of Kant's idea of noumenon. In Gramsci both education (as formazione) and aesthetics stem from a concern for power in terms of the hegemonic relations that are inherent to history as a political horizon. The title cites Gramci's suggestion that Kant's noumenon should be read as a proviso set apart by a ‘relative ignorance’ of reality [‘relativa ignoranza’ della realtà] (...) to be resolved by a future science. Yet far from another epistemological layering, a future science must also resolve those hegemonic relations of power that emerge from formation as a political act figured in the agonistic character of language as lingua and linguaggio. Further down the lane of our ‘relative ignorance’ we are confronted by a Post-Taylorist condition that precludes any false hopes of a reversal of society's educational, economic and political misfortunes. Yet, while Post-Taylorism confirms that this state of affairs is irreversible, a deeper inquiry into the aesthetic-agonistic character of formation could afford us answers that are in no way solutions but, because adept to struggle and are characteristically aesthetical, might provide an understanding of the logic of irreversibility. Because it remains conscious of its ‘relative ignorance’, this assumption offers a hopeful approach that comes to us sideways; thereby avoiding the predicament of what Lyotard and Thébaud regarded as a condition where ‘the prescriptive is derived from the descriptive’. (shrink)

In this interview, Brian Massumi discusses the possibility of a collective practice of experimentation beyond the infernal alternatives between the state authoritarianism and a narrow and exclusionary notion of freedom based on the individual, reinforced by the Covid-19 pandemic. This requires diagnosing the mix of forces at play, in other words, examining the interlinkages of various modes of power. Analysis of the ecology of powers then invokes a positive project that is inventing an aesthetics of the earth. An aesthetics (...) of the earth is a call for a more-than-human relational ethics, which takes place in intricate co-composition with the earth and its emergent strata of all kinds: viral, bacterial, vegetal, animal, human, technological. Thus, from the ecology of powers to an aesthetics of the earth, Massumi proposes a politics of potential that is diagnostic rather than prescriptive yet encourages experimentation towards a postcapitalist future at this critical juncture of our epoch. (shrink)

It is my contention here that the chapter “Of Power,” in John Locke’s An Essay Concerning Human Understanding, is not a metaphysical pronouncement upon the liberty-necessity debates but more along the lines of what those like James Harris portray it to be: a description of our experience of freedom of the will. It is also prescriptive since it is descriptive of the right use of the will. My claims are based upon two key pieces of evidence that are (...) responses to William Molyneux’s oft noted critique of the first edition of the chapter: 1) an admission by Locke in his correspondence: at least part of the reason he is attempting to avoid metaphysical pronouncements is that trying to reconcile divine and human agency is too difficult; and 2) the theological message of “Of Power”—the truly free agent is reasonable, and the truly reasonable agent will have her eyes fixed on the afterlife, thus aiming for herself to be a slave and determined, therefore, by her ever-cultivated desire for righteousness and not by her fleshly desires—and his development of it throughout the chapter eludes sectarian categorization by the avoidance of theological issues that are not unrelated to the metaphysical question of human free agency. To frame his chapter otherwise makes him out to be a theological novice or, perhaps, unconcerned with the religious background of his readership. (shrink)

Anthropological work on Kurdish women has hitherto adopted western stereotypes of power, representing it as non-existent, as women being deprived of agency in everyday practices, or totally politicized. In order to challenge prescriptive gender stereotypes, moving beyond objectification to subjectivity and offering a more complex analysis of gender relations, this study examines the position of women within their family and wider social structures in Şırnak in Turkish Kurdistan based on a sample of local women who are not employed (...) in paid work, and their children. The implications of the results are discussed in order to enable understanding of the social structures that make it possible for women in Şırnak to exercise informal decision-making authority or to be part of the social power structures as subjects, highlighting their importance in household management and showing that ‘power’ does not necessarily equate straightforwardly with western understandings. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Popular Autonomy and Imperial Power in Bartolus of Saxoferrato:An Intrinsic ConnectionFloriano Jonas CesarI. IntroductionBartolus of Saxoferrato is well known because of his ideas on the autonomy of the populus or civitas.1 He asserts that the populus can claim autonomous jurisdiction as a result not only of imperial concession but also of prescription, custom, or even eventual use on the ground of a de facto situation. Thus, the populus (...) needs no authorization from a superior, not even the emperor, to make its own laws. The idea of an autonomous populus did not originate with Bartolus, however. Marsilius of Padua had already worked out a quite developed theory about the authority of the whole body of the citizens to legislate.2 As opposed to the Aristotelian Marsilius, however, Bartolus bases his opinion about the populus essentially on the Corpus Iuris,3 though he knew at least the Politics and the Ethics too.4 What is important is not whether his knowledge of Aristotle [End Page 369] was immediate or through Giles of Rome's De Regimine Principum but that he proves his ideas basically by showing that they agree with certain authoritative texts and that he considers the Corpus Iuris, not Aristotle, as the proper authority to support his opinion on the populus.Such an emphasis on the autonomy of the civitas must not conceal the fact that, unlike Marsilius, Bartolus introduces the pope and the emperor alongside the populus as having jurisdiction of their own. Nor must the omnipresence of the Corpus Iuris hide the significance of the Bible in relation to the issue of the empire. Indeed he turns to the Scriptures not to substantiate the autonomy of the populus but to establish the divine origin of the royal (and papal) jurisdiction in general. Moreover, he uses them along with a particular interpretation of the popular origin of the empire to present the imperial jurisdiction as not subordinate to the populus.The concept of an autonomous civitas based in human premises, therefore, coexists in Bartolus with a notion of imperial power established by God, the former being inseparable from the latter, by virtue of his use of authorities. In fact Bartolus turns to the Corpus Iuris and the Scriptures not simply to illustrate but to substantiate his point of view. The authority of the Corpus Iuris, however, which supports his views on the populus, comes from the fact that emperor Justinian was its autor. But the Corpus Iuris is by the same token less authoritative than the Scriptures, whose author is God and which support the divine origin of the imperial power. Thus, working out a theory grounded on the authority of the Corpus Iuris, Bartolus also favors the base on which the imperial power was founded.The texts of interest here are the De Regimine Civitatis, De Guelphis et Gebellinis, and De Tyranno, where Bartolus more systematically presents his political ideas. In the De Regimine Civitatis he is concerned about "how many ways there are of governing a city,""which is the better way" and "which is the worst."5 The De Guelphis et Gebellinis treats both old and "recent" meanings of these nouns, whether these factions are licit, and the criteria to prove to which one belongs. At last the De Tyranno explains the origin of the word and the characteristics of the tyrant. Having discussed if there can be tyrant in a neighbourhood, household, and city, Bartolus divides the tyrants in the civitas into manifest, concealed, and tacit, and discusses whether their acts are valid. In tackling all of these issues, he turns to different sorts of proof—several authorities, including the Corpus Iuris, Scriptures, Aristotle, Giles of Rome, Gregory I, and Aquinas, as well as the jurisdictions of the populus, pope, and emperor. [End Page 370] This essay shall refer mainly to these treatises, while picking up, from other works, any additional instructive elements.Although Bartolus is particularly concerned about the de facto autonomous Italian cities in his time, his defense of their autonomy lies in arguments, and he has clear rules which define a valid form of argumentation. He generally considers that to prove a point means to show that... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Plato on Knowledge as a Power1Nicholas D. SmithAt 471C4 in Plato’s Republic, the argument takes a sudden turn when Glaucon becomes impatient with all of the specific prescriptions Socrates has been making, and asks to return to the issue Socrates had earlier set aside—whether or not the city he was describing could ever be brought into being. In response to Glaucon’s impatient question, Socrates articulates his “third wave of (...) paradox” (472ag–7), namely, that the ills of the cities will never be ended until either philosophers become rulers or rulers become philosophers (473c11–d6). Glaucon immediately responds that such a view is likely to be greeted with violence and scorn (473e6–474a4), and so Socrates must hasten to explain his odd claim. His explanation, it turns out, is that true philosophers have an enormous cognitive advantage over non-philosophers—philosophers have and use knowledge (ἐπιστήμη), whereas non-philosophers have and use only opinion (δόξα).2 This distinction, between επιστήμη and δόξα, turns out: to be a distinction between two different cognitive powers (δυνάμεις—477d7–e3). And different powers, Plato clearly tells us, apply to or take as their objects (Plato says they are “ἐπί”) different things (477dl).In this paper, I shall argue that the relationship between the cognitive powers and their various objects has been fundamentally misunderstood, which has led scholars into one or more misinterpretations of important and explicit features of the text. At the heart of these misunderstandings, I claim, is [End Page 145] their shared misconception of the relation between the cognitive power and its objects as interpretable in terms of the relationship between a cognitive stale and what the content of that state is of or about.3 One consequence of the view for which I shall argue is that what has come to be known as the “two-worlds theory”4 of Plato’s epistemology is seriously mistaken, but no less mistaken than the alternatives given by its recent critics. Another consequence that I shall draw from my argument is that Plato should be understood neither as a kind of foundationalist with regard to knowledge and warrant, as some have supposed him to be,5 nor as a coherentist, as others have supposed,6 but, rather, as a kind of causal reliabilist. [End Page 146]1. KNOWLEDGE AS A POWERScholarly interpretations of Plato’s epistemology have routinely sought to understand the relationships between each cognitive power of Republic Book V and the objects of the ἐφ’ ᾦ (“what it is related to”) condition by which it is differentiated from other δυνάμεις as Plato’s way of telling us what each sort of cognition is of or aboul. 7 So, for example, we find Gail Fine using the expressions “belief [δόξα] is set over [Fine’s translation of Plato’s ἐπί] …” and “knowledge is set over …” interchangeably with “belief is of …” or “belief is about…” and “knowledge is of …” or “knowledge is about …”8 Against the “two-worlds theory,” Fine argues that, for Plato, there can be knowledge of sensibles and beliefs about Forms. Accordingly, since she assimilates the power-ἐπί-object set of relations to the cognilion-of/about-object relation, she concludes—in order to account for knowledge of sensibles and beliefs about Forms—that the objects of knowledge and opinion must be propositions. Plato’s claims that knowledge is ἐπί what is, whereas opinion is ἐπί what is and is not, Fine understands as, “One can only know true propositions; one can believe both true and false propositions.”9 We shall see later that this “veridical” understanding of what Plato means to identify as “what is,” and “what is and is not” fails to account for important and explicit elements of Plato’s exposition of the epistemological and metaphysical distinctions he is making. For now, it is enough to note that Fine understands the ἐφ’ᾦ) relation in terms of our cognition-of/about-object relation. One finds the same assimilation made by those who advance existential readings of Plato’s “is” and “is not,”10 as [End Page 147] well as those who have urged that we adopt predicative readings of “is” and “is not.”11But I think there are very serious problems with this assimilation. Plato is very... (shrink)

For over four decades feminist linguists and philosophers of language have addressed the semantic, cognitive, and political factors associated with gender asymmetries in nominal and pronominal choice. The sociolinguistic spotlight has focused on the history, extent, and implications of the prescriptively sanctioned use of man and he for sex-neutral reference—he/man language in Martyna ’s term. Bare singular and simple indefinite man in exemplify this use, while the bare singulars in yield the male-specific meaning exhibited by the man or that man.

Unnatural States is a radical critique of international theory, in particular, of the assumption of state agency--that states act in the world in their own right. Peter Lomas argues that since the universal states system is inequitable and rigid, and not all states are democracies anyway, this assumption is unreal, and to adopt it means reinforcing an unjust status quo. Looking at the concepts of state, nation, and agency, Lomas sees populations struggling to find an agreed model of the state, (...) owing to inherited material differences; and unsurprisingly, among theorists of the nation, only controversy and a great confusion of terms. Meanwhile, the functional incarnations of the state agent are caricatures: the mandarin state, the lawyer state, the landlord state, the heir-to-history state, and the patriot state. Yet recent developments in international theory (constructivism, scientific realism, postmodernism) sacrifice state agency only at the price of an unhelpful abstraction. The states system is dysfunctional and obsolete, Lomas contends, and international theory must be recast, with morality as central, to inspire and to guide historic change. He focuses in his conclusion on prescriptions for change, led by four moral concerns: human rights, weapons of mass destruction, relations between rich and poor societies, and the environment. "I begin this book," writes Lomas, "with the commonest commonplace of international theory, to expose it as a meaningless cliche. In the masterly hands of Hobbes, it was elaborated into a shock formula for organized society, a reading of history as civilization's failure. Kant sought to rescue morality from Hobbes and create the structures of modernity, but Kant's influence is coming to an end. In the Cold War, politicians disagreeing over another philosopher almost brought the world to an end. Hence the challenges of our time. These are primary and profound. Philosophers have done much to define the modern world. The point of international theory is to change it.". (shrink)

Shamans of the Piaroa ethnic group (southern Venezuela) conceive of power in terms of knowledge derived from visionary experiences. Märipa is an epistemology concerning the translation of knowledge derived from the integrative mode of consciousness, induced primarily through the consumption of plant hallucinogens, to practical effect during waking life. I integrate mythological, neurobiological, experiential, and ethnographic data to demonstrate what märipa is, and how it functions. The theory and method of märipa underlie not only Piaroa shamanic activity, but all (...) aspects of Piaroa life; mythology, causality, eschatology, and history. Piaroa shamanic practices involve conditioning the mind to achieve optimal perceptual capacities that facilitate accurate prediction and successful psycho‐social prescription. Piaroa shamans describe their technologies of consciousness in terms of gods and spirits, but also in terms of studying and the acquisition of information. Because neurobiological processes underlie the development and experience of märipa, the language of neurobiology enables a partial translation of this indigenous epistemology. The concepts of feed forward neural processing and somatic markers are central to the processes of mental imagery cultivation that Piaroa shamans employ to divine solutions to adaptive problems. Piaroa 'techniques of ecstasy' involve the ability to apply mythological templates of human adaptation to schemas of human behaviour based on years of social analysis in association with heightened information processing capacities derivative of refined experimentation with the integrative mode of consciousness. Keyordsshamanism, neurophenomenology inugrativeconsciousness, hallucinogens. (shrink)

L’invention de la ménopause au xixe siècle puis celle de l’andropause dans la seconde moitié du xxe siècle ont eu pour effet d’accroître la surveillance des médecins sur les corps féminins et masculins vieillissants et, plus spécialement, sur la sexualité de cette période de la vie. Or, si ce coup d’état médical a si bien réussi, c’est qu’il a tout autant bénéficié du soutien très actif des femmes que de l’incapacité des hommes à lui résister. C’est aussi qu’il s’inscrivait dans (...) le prolongement de très anciennes pratiques sociales qu’il légitimait. Et qu’on ne s’y trompe pas. Loin de se desserrer, l’étau s’est définitivement refermé. En effet, les hommes, qui ont longtemps tenté d’échapper maladroitement à cette surveillance, ont, aujourd’hui, fini par s’y soumettre, acceptant, de fait, tout le discours silencieux sur les défaillances de leur puissance virile qu’elle suppose. (shrink)

If one of the lessons of the ubiquitous and highly problematic ticking bomb scenario is that torture may be justified under certain narrowly specified situations, why would we not want it made available as a weapon in the government’s anti-terrorist activities? This is not a new question. It has been hotly debated, and a number of arguments have been made against the idea of formulating the torture policy on the basis of the ticking-bomb hypothetical. The question that this Essay addresses (...) is related but narrower: if one starts from the proposition that the ticking bomb scenario demonstrates that a government official facing prosecution for torture may have available the necessity defense, what implications, if any, should the government be able to draw from the existence of the defense as it formulates its torture policy? This Essay discusses, and rejects, one common answer to this question—that the nature of the necessity defense is such that it can generate no forward-looking prescriptions. This Essay then advances a new argument on the basis of the nature and function of the necessity defense as not only spelling out morally permissible instances of harm infliction but also effecting a division of power between the state and citizens. (shrink)

Tardive dyskinesia is a serious, well publicized adverse effect resulting from long-term neuroleptic drug use. However, little progress has been made during the last two decades in ensuring that these drugs are prescribed with necessary caution. Incentives and constraints operating on the major participants in the decision-making process leading to the prescription of neuroleptics increase the likelihood that the benefits of drugs will be exaggerated and their adverse effects minimized. When combined with imbalances of power, these factors ensure that (...) persons having little power and information to make the decision to prescribe will bear most costs of that decision. This points to the operation of an ineffective system which can be expected to yield sub-optimal results. We suggest ways to make the decision process more efficient by more closely aligning responsibility with cost. If those who hold power in the decision process are held accountable for the unwanted risks they impose upon others, both the use of neuroleptics and its inevitable iatrogenesis would probably be reduced. (shrink)

The Godfather describes the existential conflict between two sets of values partially constituting competing prescriptive and descriptive visions of the world: a nineteenth-century Sicilian perspective grounded in honor and the accumulation of power within a fixed family order and a twentieth-century American perspective celebrating individualism and commercial success. Neither the film nor the book upon which it is based concludes that one of these sets of values is inherently superior.However, the two sets of values coalesce uneasily in the (...) same cultural setting, and their conflict is irresolvable. Ultimately, the Sicilian perspective must wither away in the United States because, unlike the old country, the new world lacks its sustaining cultural conditions. This reading interprets The Godfather as, among other things, a commentary on the transformation of personal identity within the Sicilian immigrant experience. (shrink)

The following pages sketch the outlines of “a Canaanite reading” of the health system. Beginning with the Black person—African, Afro-diasporic, Aboriginal, and Torres Strait Islander—who is seen by a health professional, the functions and effects of the racializing gaze are examined. I wrestle with Al Saji’s understanding of “colonial disregard,” Whittaker’s insights into the extractive disposition of settler institutions vis-à-vis Indigenous peoples, and Saidiya Hartman and Fred Moten’s struggle with the spectacular. This leads me to conclude that the situation of (...) the Black within the health system is a tragic one. The prescription for the path out of this tragedy that I settle on, responding to Okiji’s opening call, is found in Vernon Ah Kee’s “Unwritten” series. (shrink)

This paper explores cognitively realistic social simulations by deploying the CLARION cognitive architecture in a simple organizational simulation, which involves the interaction of multiple cognitive agents. It argues for an integration of the two separate strands of research: cognitive modeling and social simulation. Such an integration could, on the one hand, enhance the accuracy of social simulation models by taking into full account the effects of individual cognitive factors, and on the other hand, it could lead to greater explanatory, predictive, (...) and prescriptive power from these models. (shrink)

The notion that "nature" comes equipped with its own set of categories, enabling us to divide up everything that exists without overlap or leftovers, has considerable explanatory and prescriptive power. I examine two apparently unrelated arenas in which this notion is at work; namely, in the alleged discovery and subsequent physical "improvement" of the headwaters of the Mississippi River, and in the surgical alteration of intersex infants. In both cases, reconstruction is undertaken as a means of eliminating an (...) ambiguity regarded as "unnatural" —an "error" in nature that culture must correct. Elilminating ambiguity, in turn, enables accessibility. Fixing a person or a river firmly in a category allows us to have various kinds of access to them. For a river, the access is in part physical; it means being able to walk up to its headwaters without wearing hip waders. For a person, the access is both intellectual and social; only once I know what sex a person, is do I know how to treat them, and only then do I know whether they are an "appropriate" object of my erotic attention. (shrink)

History and philosophy complement and overlap each other in subject matter, but the two disciplines exhibit conflict over methodology. Since Hempel's challenge to historians that they should adopt the covering law model of explanation, the methodological conflict has revolved around the respective roles of the general and the particular in each discipline. In recent years, the revival of narrativism in history, coupled with the trend in philosophy of science to rely upon case studies, joins the methodological conflict anew. So long (...) as contemporary philosophy of science relies upon history's methodology to construct its case studies, it subjects itself to a paradoxical situation: the better the history, the worse the philosophy. An example of the methodological conflict is presented in the case of Antoine Lavoisier. This example also serves our ultimateconclusion, which is that distinctively philosophical methods of case-study design promise enhanced prescriptive powers for philosophy of science. (shrink)

Most management researchers pause at the threshold of objective right and wrong. Their hesitation is understandable. Values imply a “subjective,” personal dimension, one that can invite religious and moral interference in research. The dominant epistemological camps of positivism and subjectivism in management stumble over the notion of moral objectivity. Empirical research can study values in human behavior, but hard-headed scientists should not assume that one value can be objectively better than another. In this article, we invite management researchers to rethink (...) this presumption. We show how accepting at least a limited form of moral objectivity, namely, an epistemic orientation that seeks objective moral reasons, can benefit management research by 1. guiding research practice; 2. using patterns of moral objectivity as clues for formulating empirical hypotheses for psychological explanations; and 3. adding prescriptive power to empirical theories. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume XXI, Number 1, April 1995, pp. 57-74 Does Hume Have an Instrumental Conception of Practical Reason? JEAN HAMPTON Many philosophers and social scientists regard the instrumental theory of practical reason as highly plausible, and standardly credit David Hume as the first philosopher to formulate this conception of reason clearly. Yet I will argue in this paper that Hume does not advocate the instrumental conception of practical (...) reason as that conception is normally understood by contemporary theorists who endorse it. Although it is often thought that Hume's position on reason is the "common-sense" one, I will argue that in a very fundamental way, his view of reason defies common-sense. The Instrumental Conception of Reason Consider the following definition of an instrumental theory of reason, understood normatively: 1) An action is rational to the extent that an agent believes (reasonably)1 that it furthers the attainment of an end; and 2) Human reasoning involves the determination of means to achieve ends, in a way described by the theory (I will say, henceforth, that using reason to determine the extent to which an action is a means to an end is an instrumental use of reason); and 3) These ends are in no way fixed by reason operating non-instrumentally; i.e., what makes them our ends is something other than reason. Jean Hampton is at the Department of Philosophy, University of Arizona, Tuscon, AZ 85721 USA. 58 Jean Hampton In this article I will consider as instrumental all and only theories that accept these three theses.2 Thesis 3 is normally understood as the hallmark of the instrumental theory. Hume's famous remark "Reason is...the slave of the passions" (T 415) is a clear endorsement of this thesis. In contrast, theories of reason that do not count as instrumental maintain that reason not only pursues means to ends, but also defines ends of action, thereby denying thesis 3. On this sort of view, it is reason that is, at least sometimes, the master. For example, Kant portrays reason as concerned both with the efficiency and the morality of an action, and as that faculty which determines whether any proposed course of action is acceptable. So for Kant, reason "constructs" the ends of action insofar as it picks out from among the goals proposed by our desires those which are appropriate for us to pursue: it is the final determiner of what our ends of action ought to be. Moreover, after approving these ends, Kant says that reason provides a motivation to achieve them in virtue of the fact that it has approved them, a motivation which, if it directs a moral action, is always sufficient to determine that action, if the agent chooses to let it.3 So on Kant's view, practical reason is a master that issues directives, provides the impetus for obeying them, and calculates how best to do so. There are two reasons why philosophers have been troubled by the Kantian type of view. First, it is a conception of reason that seems unacceptable from the standpoint of science. What special "sight" or access to normative reality can we realistically ascribe to human reason, such that it can tell us our ends in life? And how does a scientific world view permit us to believe that there are unmotivated ends which we are rationally compelled to pursue? Science, after all, does not recognize such objects or properties with inherent prescriptive power. J. L. Mackie calls such objects and properties "queer"—indeed, too queer, given the strictures of science, for us to believe they obtain.4 Moreover, no scientific description of human beings has identified a rational capacity within us that can determine these objects, respond to their inherent prescriptivity, and motivate action in compliance with their requirements. The other problem facing any non-instrumental account of reason concerns motivation. Most theorists believe that whereas the question "Why be moral?" is deeply troubling, the question "Why be rational?" does not seem to be. Yet if reason is developed along Kantian lines, it becomes so expansive, and its directives so wide-ranging and divergent from interests the individual is readily able to... (shrink)

This essay explores the epistemological implications of A Midsummer Night's Dream. It distinguishes among metaphors—some are mere "figures of speech," others have descriptive (and prescriptive) power, while others seem to be literalized in the action. The claim that lovers are epistemologically advantaged with regard to the love object is seen as both explored and mocked. The role of the fairies and the "love potion" is examined. Both are to be recognized as fictions. Theseus's speech about lovers, madmen, and (...) poets is taken seriously, and the epilogue is taken as manifesting genuine anxiety that the play might be "reprehended.". (shrink)

The power PC theory postulates a normative procedure for making causal inferences from contingency information, and offers this as a descriptive model of human causal judgement. The inferential procedure requires a set of assumptions, which includes the assumption that the cause being judged is distributed independently of the set of other possible causes of the same outcome. It is argued that this assumption either never holds or can never be known to hold. It is also argued that conformity of (...) judgements to the prescriptions of the model requires a sophisticated appreciation of methodological factors and acquired domain-specific knowledge of causes, and that the theory is disconfirmed by a finding that an objective contingency that equally supports two causal inferences results in only one of them actually being made. An alternative proposal based on the hypothesis that causal understanding originates with experiences of forces exerted while acting on objects is briefly sketched. (shrink)

The self-worth of political communities is often understood to be an expression of their position in a hierarchy of power; if so, then the desire for self-worth is a source of competition and conflict in international relations. In early modern German natural law theories, one finds the alternative view, according to which duties of esteem toward political communities should reflect the degree to which they fulfill the functions of civil government. The present article offers a case study, examining the (...) views concerning confederation rights and the resulting duties of esteem in diplomatic relations developed by Christoph Besold (1577–1638). Besold defends the view that confederations including dependent communities—such as the Hanseatic League—could fulfill a stabilizing political function. He also uses sixteenth-century conceptions concerning the acquisition of sovereignty rights through prescription of immemorial time. Both strands of argument lead to the conclusion that the envoys of dependent communities can have the right to be recognized as ambassadors, with all the duties of esteem that follow from this recognition. (shrink)

The self-worth of political communities is often understood to be an expression of their position in a hierarchy of power; if so, then the desire for self-worth is a source of competition and conflict in international relations. In early modern German natural law theories, one finds the alternative view, according to which duties of esteem toward political communities should reflect the degree to which they fulfill the functions of civil government. The present article offers a case study, examining the (...) views concerning confederation rights and the resulting duties of esteem in diplomatic relations developed by Christoph Besold (1577–1638). Besold defends the view that confederations including dependent communities—such as the Hanseatic League—could fulfill a stabilizing political function. He also uses sixteenth-century conceptions concerning the acquisition of sovereignty rights through prescription of immemorial time. Both strands of argument lead to the conclusion that the envoys of dependent communities can have the right to be recognized as ambassadors, with all the duties of esteem that follow from this recognition. (shrink)

The argument from inductive risk is considered to be one of the strongest challenges for value-free science. A great part of its appeal lies in the idea that even an ideal epistemic agent—the “perfect scientist” or “scientist qua scientist”—cannot escape inductive risk. In this paper, I scrutinize this ambition by stipulating an idealized Bayesian decision setting. I argue that inductive risk does not show that the “perfect scientist” must, descriptively speaking, make non-epistemic value-judgements, at least not in a way that (...) undermines the value-free ideal. However, the argument is more successful in showing that there are cases where the “perfect scientist” should, normatively speaking, use non-epistemic values. I also show that this is possible without creating problems of illegitimate prescription and wishful thinking. Thus, while inductive risk does not refute value-freedom completely, it still represents a powerful critique of value-free science. (shrink)

Political philosophers’ prescriptions for poverty alleviation have overlooked the importance of social movements led by, and for, the poor in the global South. I argue that these movements are normatively and politically significant for poverty reduction strategies and global justice generally. While often excluded from formal political processes, organized poor communities nonetheless lay the groundwork for more radical, pro-poor forms of change through their grassroots resistance and organizing. Poor-led social movements politicize poverty by insisting that, fundamentally, it is caused by (...) social relations of power that exploit and subordinate poor populations. These movements and their organizations also develop the collective capabilities of poor communities in ways that help them to contest the structures and processes that perpetuate their needs deprivation. I illustrate these contributions through a discussion of the Landless Rural Worker’s Movement in Brazil (the MST), a poor mobilization organization in Bangladesh (Nijera Kori), and the slum and pavement dweller movement in India. Global justice theorizing about poverty cannot just “add on” the contributions of such struggles to existing analyses of, and remedies for, poverty, however; rather, we will need to shift to a relational approach to poverty in order to see the vital importance of organized poor communities to transformative, poor-centered poverty reduction. (shrink)

This paper discusses the potential of the notions of reification and consensualization as developed by the theory of social representations as analytical tools for addressing the communication between the lay and scientific spheres. Social Representations Theory started by offering an over-sharp distinction between the reified and the consensual universes of which science and common sense, respectively, were presented as paradigmatic. This paper, however, suggests that the notions of consensual and reified can be considered as describing two distinct communicative formats: reification (...) implying the use of arguments which establish prescriptions for representations and action, and consensualization relying on arguments which recognize the heterogeneity of representation and action. We illustrate this proposal through the analysis of a case in which the expert and the lay spheres of a Lisbon neighborhood opposed each other regarding the new laws of public participation in community matters. This analysis showed how reification and consensualization can be used as discursive formats by both spheres. The implications of the use of reification and consensualization and how they may depend on several power resources and have different impacts on social change are discussed. (shrink)

A series of structural constitutional arguments lodged in multiple cases against Centers for Medicare and Medicaid Services’ (CMS) authorities to negotiate prescription drug prices via the 2022 Inflation Reduction Act threaten the legitimacy of CMS program and federal agency powers.

La théocratie hébraïque est un système unique de croyances, de conduites et de rites, qui a favorisé la cohésion du peuple et le consentement aux règles de la vie commune. Il est vrai que le régime dit théocratique des Hébreux n’est pas une simple illusion rétrospective, propre à tous ceux qui veulent appuyer le pouvoir politique sur l’illusion d’une intervention directe de Dieu dans les affaires de l’État. En effet, la théocratie juive, qui a effectivement existé dans les limites de (...) deux siècles environ, ne déroge pas, dans l’analyse qu’en livre Spinoza, à la thèse que tout pouvoir politique est immanent à la puissance de la multitude, puissance dont il provient et puissance à laquelle il conduit. Le pouvoir qu’a institué Moïse, ni monarchique, ni aristocratique, ni populaire, est une forme faible de démocratie instituée, où le pouvoir, dit appartenir à Dieu, n’appartient de fait à aucun homme. C’est en ce sens que la Loi apparaît comme l’altérité des prescriptions mêmes de la raison, dans des conditions historiques déterminées. (shrink)

This book addresses the topic of the explicit and implicit commitments about persons as a kind in the literature on personal identity and draws out their political implications. I claim that the political implications of a metaphysical account can serve as a test on its veracity in cases in which the object-kind under analysis is itself constitutively normative, as the kind person might be, or in those cases in which counting as a member of the kind in question confers a (...) certain normative status upon those that do so count, which the kind person certainly satisfies. I argue that metaphysical accounts of personal identity often contain certain mistaken background assumptions concerning personhood, often due to a failure to recognize that being a person is environmentally dependent. -/- Because being a person is environmentally dependent, but this is not often noted, let alone incorporated into our theories of persons, although there are exceptions, a closer look at those theories is required if we are to have a just society. In fact, it is a bit surprising that this is the current situation, since the claim that certain members of society are oppressed due to being denied full personhood and its attendant rights has been the basis of several social movements: first-wave feminism, anti-slavery movements, and civil rights movements generally. Historically, these resistance movements aimed at claiming that, unlike how they were treated, they did in fact meet the requirements for personhood that those in more privileged sectors did and should therefore enjoy the same rights as the more privileged. -/- While I agree with the justification for these movements -- that the injustice driving them is that of the denial of the rights of persons -- I advocate for moving away from the idea that the only appropriate response is to count those who make such claims as being members that meet the dominant conception of personhood. Instead, I want to highlight the fact that if being a person is an environmentally dependent fact, theories of the nature of persons must recognize this or risk reflecting and perpetuating the current status quo. -/- For these reasons, those in need of recognition of their rights as persons should not only resist the failure of having them granted but should also question the current understanding of the concept itself, since the very notion may be riddled with normative assumptions typical only of those with certain kinds of privilege. That is, fighting for recognition as persons, without also resisting and questioning the source and objectivity of our current concept of personhood, risks failing to truly challenge the currently unfair social structure in any deep way. -/- There is a risk, however, with taking such a stance -- that it will be fallaciously inferred that there is no fair concept of persons at all to which are owed rights. But this does not follow from the stance I take. All that follows is that we must recognize our fallibility in offering metaphysical theories, particularly when the concept under investigation is normatively sensitive and environmentally dependent in the way that the kind person seems to be. -/- Theories concerning the metaphysics of persons, then, must address the fact that those with privilege not only have more power to assert their rights as persons, but they are also the source of most received views of the concept itself. It is possible, therefore, that our current metaphysical theories may be mis-describing the objective nature of personhood as a kind for politically biased reasons. -/- I argue that one of the particularly pernicious assumptions frequently made is that to be a person is to be a certain kind of psychologically integrated being. This is an ideal we seem to hold dear, since we tend to pathologize the failure to achieve it. I claim, however, that this thesis about persons as integrated is exactly the kind of idea that fails the environmental dependence test, since this state of integration is often only readily had by those who have a certain amount of control over their external environment, which many of us do not enjoy. For those who are not members of the dominant group, a strongly integrated self is sometimes simply not on the horizon, since being subject to the vicissitudes of the external environment often leads to conflict, fragmentation, or disintegration. Having inadequate power over one's own circumstances tends to produce what we might call “fractured selves,” selves that face a multitude of environmental forces, many times thrusting contradictory norms, roles, and traits, upon those subjected to them. -/- The fact that the failure to achieve integration is in fact pathologized makes the integration thesis seriously questionable, since it creates a situation in which those most in need of being conferred the normative status of being a person will fail to get such recognition, and in fact, possibly labelled as "defective" in some way or other. This is unjust for many reasons, at least one of which is that it relies on morally irrelevant facts to determine a person's normative status. -/- The previous issues raise the question of whether the aim of a giving a metaphysical account of persons ought to be understood descriptively or prescriptively, since current metaphysical accounts would fail to count many individuals as persons. However, taking metaphysical accounts as a prescriptive is highly controversial. I doubt that most of those offering explicit metaphysical theories of persons would agree that they are engaged in any kind of prescriptive project. Some psychologists and psychiatrists perhaps may take themselves to be determining whether a person is "healthy" by our current understanding of what it is to be a person, but the idea of having a healthy psychology sufficient for being a fully competent person is vastly different from having a healthy physical body, which does seem to have a more objective basis, although even this is questioned in disability studies. -/- The strong integration thesis, then, as now applied, clearly raises political issues, and has potential negative consequences for many beings that we typically do think of as persons. The integration thesis then needs to be replaced with a more adequately descriptive metaphysical theory or revised in a way so that it avoids these negative political consequences. -/- I see two paths open: (1) maintain the integration thesis as an ideal, and grant those who fail to meet it a temporary kind of normative status equal to that of being a person and push for substantive equal opportunity to achieve integration; or (2) reject the ideal altogether and offer a different account of the nature of being a person that counts so-called "fractured selves" as persons. -/- I believe that path (2) is preferable to path (1) for several reasons. First, it requires no condescension or paternalistic attitudes towards those who fail to be fully integrated; second, it expresses intellectual humility in accepting that standards that appear objective are often, in reality, biased and should not be universally applied; and third, it is more realistic in that it does not assume that there is an infinite amount of resources, and therefore harbors no illusions that equalizing power structures will allow everyone to enjoy the same amount and kind of power currently held by the dominant classes. -/- My own metaphysical account of what matters for survival to persons over time advocates for the idea that persons ought to be understood as constituted not only by internal psychological relations, but also by their relations to their surrounding environments, and this includes relations to inanimate objects. This view, I argue, can accommodate fractured selves as full persons, allowing for various psychological configurations to count as persons. It is also an improvement on views that do happen to recognize the environmental influence on persons -- social constitution views. The reason is that these views argue that persons just are what their environmental social surroundings dictate, which also has potentially negative political consequences, since it threatens to bind persons so closely to socio-cultural contexts that it closes off the possibility of resistance to them. However, because the view I endorse, makes persons environmentally dependent not only on their socio-cultural context, but on the whole of their environment, this makes persons partly independent of socio-cultural contexts, allowing them room to question them, which as noted, I believe they should be. (shrink)

Since its inception, the theory of modernization has undergone so many transformations that it makes sense to speak of a «modernization discourse» rather than a theory and to consider the concept itself from the point of view of social epistemology in conjunction with social imagination. This paper is devoted to substantiating this approach. The concept of modernization is interesting in this regard because it contains not only hermeneutic but also prescriptive elements: by placing society in a broader historical framework (...) of past, present and future, it creates a normative horizon for self-understanding and social transformation. It allows us to imagine our society as a historical whole, to imagine a social ideal and social development as a path towards it. At the same time, it appeals to the images of the social imagination - the social imaginary, depending on the context. A separate question, therefore, is what semantic load this concept receives when it is adopted by a different socio-cultural and political context. Such research could help to understand the internal logic of political processes in a society and its destiny. The paper consists of three subsections: the first is devoted to an overview of theories of modernization and their transformation under the influence of social epistemology; the second deals with the imagination as an anthropological a priori for considering social imagination; finally, the last subsection, which also serves as a conclusion, justifies why, given the purpose of the study, it is more appropriate to consider the concept of modernization in the context of the social imagination rather than as an ideology. The concept of ideology refers to political bias, to the question of truth and a critique of power discourse. In contrast, the concept of social imagination is politically neutral and refers to a cultural background of politics. It thus circumvents Man nheim’s paradox by being conceptualized as constitutive of a political order. (shrink)

Critics fault rational choice theory for dubious assumptions and limited explanatory power. The aims of rational choice are, however, as much normative as explanatory, and I argue that an abiding concern of political thought—the wrong of exploitation—gives moral weight to some of the more substantive assumptions underlying many rational choice prescriptions.

An increasing number of Italian scholars are beginning to share the idea that the conceptual basis of legal positivism (LP) is wrong, particularly in the field of Public Law. According to a group of theories called “neoconstitutionalism,” constitutionalism is to be understood not only as a principle based on the need to impose legal limits to political power, but also as an aggregation of values capable of continually remodelling legal relationships, positioning itself as a “pervasive” point of reference for (...) legal experience. A recent essay by Professor Antonio Baldassarre, President Emeritus of the Constitutional Italian Court, about the “misery of legal positivism” is a good expression of this view. In this article, the ideas outlined by Baldassarre are examined and criticized. The paper also tries to defend a version of legal positivism, which has both a conceptual and prescriptive meaning, relating to decisions made on the basis of rules. This view is based on the two correlated concepts of primary formalism and secondary formalism of “competence and procedure.”. (shrink)

The general purpose of this book differs from those of most of the works found traditionally in the field of political philosophy. Firstly, the present approach is in no way prescriptive or normative, as the interest centres on explication rather than an evaluative assess ment of this, that or another type of arrangement, or act. 1 It will be clear that I am in complete disagreement with Gewirth when he claims that "The central concern of political philosophy is the (...) moral evaluation of political power. " It seems obvious that the under standing of political and social forms of life, and a fortiori of political power, must come before its evaluation. This cannot be provided by moral assessment alone. Thus an analytical or explicative approach which promotes such understanding must come first, and must be the "central concern" of the appropriate philosophical discipline. This is not to say that moral assessment is illegitimate, nor even that it cannot be one of the concerns of political philosophy, but it is to deny that it can be central, even though it might be somebody's central interest. To the extent to which this book is successful it will provide an argu mentin my favour - if the job can be done, obviously it is of primary importance. But we should not assume that it cannot be done unless we can show that there is no separate sphere of political and/or social phenomena. (shrink)

The self‐proclaimed omnipotent rapscallion Q embodies some of the values celebrated by the great German philosopher Friedrich Wilhelm Nietzsche. Nietzsche is sometimes interpreted as someone who rejects all morals and values, a mistaken impression amplified by the title of one of his more famous books, Beyond Good and Evil. Nietzsche teaches that we must accept the past suffering that's gone into making us who we are. Q shares some of Nietzsche's outlook insofar as he, too, looks beyond social prescriptions about (...) safety and timidity that prevent us from developing the higher skills and powers through which we individuate ourselves. Though Q might think of himself as omniscient, he clearly doesn't know all details of the future, particularly the free actions that will be taken by Picard and others. Picard learns the lesson that there are many circumstances in which he might indeed need Q to save him and his crew. (shrink)

This paper discusses issues relating to the normativity of prescriptive rules: what does it mean for a rule to be able to direct action, and what are the implications for the desirability of rule-based decision-making? It is argued that: cognitively, one must allow for more than a single answer to the first question ; and normatively, these different structures typically serve for different purposes in allocation of power and discretion. The next issue is the connection between rule-based decision-making (...) and semantic theories of language. On a meta-discursive level, the paper makes a twofold claim: that normative discourse is possible only on the basis of a sound cognitive inquiry, while cognitive inquiry alone is not sufficient to explain social action and interaction, lacking tools to deal with the contingent normative demands from decision-making systems, such as adjudication. The discussion of prescriptive rules serves as a case-study for this claim. These and related topics have been dealt with by Frederick Schauer. His model of rules as entrenched generalizations and mediators between "justifications " and action is the starting point of the present discussion, which, on most of the issues mentioned above, results in conclusions quite different from Schauer's. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Underplayed Ethics and the Dilemmas of Psychiatric CareChong Siow Ann and Tamra LysaghtThe practice of psychiatry is fraught with uncertainty. The exact causes and the biological substrates underlying mental disorders remain to be elucidated; even the diagnosis of these disorders is descriptive and not based on an etiological understanding and no biological diagnostic markers have been validated. The manifestation of almost all mental disorders results from a complex interaction (...) of biological and environmental factors which encompasses the patient’s unique life history, experiences and relationship with others and the community. In the face of such uncertainties — at times extending to the types of treatment (psychiatry is generally acknowledged not be an exact science) — it has been argued that adopting a pragmatic approach is necessary.1 Accordingly, this approach necessitates high ethical standards among mental health practitioners.Some mental illnesses are associated with varying degrees and types of cognitive impairments. Others have certain symptoms like auditory hallucinations and delusions that might severely compromise the patients’ autonomy, distort their sense of reality, increase the risk of harm to themselves or others and render them incapable of making informed decisions in their treatment and participation in research.Consequently, there are issues that are particular to the provision of mental healthcare. These include the need for enforced involuntary treatment with the corollary of depriving a patient of his personal liberty even [End Page 173] though it is often justified on the grounds that it is in the patient’s best interests. However, at times, it is the legal and societal obligation of mental health practitioners to protect those who might be harmed from the patient’s action that might seem to be more pressing. In this situation of double agency, lies the tension of providing confidential care for patients and acting as “an agent of the state” where that patient’s confidentiality might be breached and his liberty infringed upon. This situation is further aggravated by the stigma that clings ever so tenaciously to those who suffer from mental disorders and where it is the norm to stereotype them as dangerous and unpredictable.Consideration of a patient’s autonomy is also challenged by characteristics that are unique to the practice of psychiatry. The prescription of certain psychotropic medications can alter how people think and feel, while psychotherapy works towards changing the patient’s views and values. The philosopher, Jennifer Radden, describes this process as “re-forming the patient’s whole self or character … akin to the responsibilities of raising children”.2 The psychotherapeutic relationship is thus particularly personal and intimate because patients are asked to provide information that often reveals their innermost feelings, fears and fantasies. This information is provided on the basis of trust and assurance of confidentiality, and with expectation of being helped.Jeremy Holmes and Gwen Adshead have elaborated on the vulnerability of patients seeking psychotherapy: they might be particularly susceptible to exploitation because their past experiences of being exploited have led to their distress and help seeking — their dependency and the extreme privacy of the therapeutic relationship make any transgression difficult to be uncovered.3 There is a calamitous combination of the “unconscious wish in the patient to be used” with the complicity of an unethical therapist seeking to fulfil his own interests.4As in any other doctor-patient relationship, the relationship between the mental healthcare practitioner and the patient is one of unequal power where the former is ascendant. While that power should be exercised to heal and to relieve suffering, it also gives the practitioner tremendous power “to harm, reject, misunderstand, or exploit patients who struggle with the experience of mental illness, which itself may generate helplessness, despair, distress, and exceptional dependence on the clinician”.5 Given the potential of doing good and harm coupled with the likelihood of being so significant in the life of the patient,6 providing care for those with mental disorders and distress is necessarily ethically exacting — arguably more so than in other medical practice settings. [End Page 174]This precariousness has led to the suggestion that ethics in psychiatry should have a special status and that the more general principles of biomedical ethics are too limited in scope to... (shrink)

¿Cómo justificar la validez jurídica de aquellas normas cuya creación no puede ser evaluada como regular o irregular por apelación a ninguna otra norma jurídica? Entre las respuestas más ilustres a este problema se cuentan la norma fundante kelseniana y la regla de reconocimiento de Hart, pero cada una de esas ideas ha sido objeto de serias críticas. Eugenio Bulygin ha efectuado aportes decisivos en esta discusión: ha advertido que cuando se examina el fundamento último de la validez de las (...) normas jurídicas es preciso discriminar un sentido prescriptivo y uno descriptivo de validez, y que la norma fundante de Kelsen no es sino el producto de una confusión entre ambos; ha resaltado que la regla de reconocimiento debe interpretarse como una regla conceptual que especifica los criterios de identificación de las normas jurídicas, y ha señalado que las normas de competencia no pueden reconstruirse como normas de conducta. Si bien con tales aportes ha sentado las bases para ofrecer una solución, su reconstrucción requiere de ciertas precisiones para poder ser considerada una respuesta enteramente satisfactoria a la pregunta respecto del fundamento último de la validez jurídica. How is it possible to ground the legal validity of those rules whose creation cannot be assessed as regular or irregular by reference to any other legal rule? Kelsen's basic norm and Hart's rule of recognition are among the most famous answers to this question, but both ideas have been seriously challenged. Eugenio Bulygin has made decisive contributions to this discussion. He has shown that in the analysis of the ultimate ground of validity of legal rules, two different senses of validity should be distinguished: a prescriptive and a descriptive sense, and that the Kelsenian basic norm is nothing but the product of confusion between these two different senses. He has also claimed that the rule of recognition has to be understood as a conceptual rule specifying the criteria of identification of legal rules, and those power-conferring rules cannot be interpreted as prescriptive norms of conduct. Although these contributions have provided a basic framework for a possible solution, Bulygin's ideas need a refinement in order to be considered as a satisfactory answer to the question concerning the ultimate ground of legal validity. (shrink)

In Global Justice and Avant-Garde Political Agency, Lea Ypi sets out a challenging model for theorizing global justice. Such a theory should be robustly critical*and egalitarian*rather than swallowing sour grapes by adapting its ideals to what appears to be politically possible. But it should also offer concrete prescriptions capable of guiding reform of the actual*deeply unjust*world in which we live. It should learn from concrete political struggles and from those on the receiving end of global injustice, and also deliver principles (...) capable of commanding support in a world of powerful nation-states. Thus one goal of the book, we might say, is to reconnect the philosophy of global justice with the politics of global justice*to persuade theorists, more specifically, to bridge the divide between theory and activism on global justice issues. (shrink)

First of all, I define the concept of epistemic freedom in the light of the changing nature of educational practice that prioritise over-prescriptive conceptions of learning. I defend the ‘reality’ of this freedom against possible determinist-related criticisms. I do this by stressing the concept of agency as characterised by ‘becoming’. I also discuss briefly some of the technical literature on the subject. I then move on to discuss Gramsci’s concept of hegemony and Foucault’s idea of ‘productive power’: I (...) argue for the need of a counter-narrative of freedom that takes the form of a genealogy. Finally I discuss in more detail the nature of epistemic freedom and briefly discuss the ethical implications of the concept. (shrink)

This essay examines Hume’s treatment of money in light of his view of the imagination. It begins with his claim that money is distinct from wealth, the latter arising, according to vulgar reasoning, from the power of acquisition that it represents, or, understood philosophically, from the labor that produces it. The salient features that Hume identifies with the imagination are then put forth, namely its power to combine ideas creatively and the principle of easy transition that characterizes its (...) movement among them. Two issues that these features explain are then discussed: first, why people take value to lie in the material of which money is made, and, second, why they assign value to what they take money to represent, namely, wealth. In both cases, the imagination creates a new relation, an illusion or fiction, that cannot be traced directly to experience. In the case of money, the faculty conjoins what is intangible (the power of acquisition) with the physical qualities of specie; in the case of property it produces a causal relation that connects persons with objects to constitute stable possession that constitutes ownership. Hume also appeals to the imagination to explain the rules of property that subsequently develop (present possession, occupation, prescription, and transference). The essay concludes by emphasizing that being based on the imagination is not in itself indicative of any instability in either money or property and the practices they enshrine, a feature they share with other phenomena (such as the self and continued existence) that Hume also traces to the same faculty. (shrink)