Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its (...) own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law. (shrink)

Politics : impoverished lives. The disappointments of socialism and communism ; From Marxism to communitarianism? ; A new conservatism -- Philosophy : collective reasoning. The moral critique of Stalinism ; moral life and socially established practices ; The philosophy of tradition -- Theology : the community of believers. Are wars of religion as dangerous as secularization? ; The absence of liberal spirituality ; The theology of the tradition.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Alasdair MacIntyre: An Intellectual Biography by Émile Perreau-SaussineCaleb BernacchioPERREAU-SAUSSINE, Émile. Alasdair MacIntyre: An Intellectual Biography. Translated by Nathan Pinkoski. Notre Dame, Ind.: University of Notre Dame Press, 2022. xvii + 216 pp. Cloth, $40.00This book is the much anticipated translation of the author's doctoral dissertation completed under the direction of Pierre Manent and Charles Taylor in 2000. Manent also contributes a foreword to this edition. Alasdair (...) MacIntyre: An Intellectual Biography comes in the wake of Perreau-Saussine's untimely death in 2010, during which time he was translating a portion of his dissertation (chapter 2, part 1), which is included in the present text. Accordingly, the book does not discuss works published by MacIntyre after 2000. The book provides a detailed account of MacIntyre's intellectual development. Besides the introduction and epilogue, its three chapters cover politics, philosophy, and theology, respectively. [End Page 557]In chapter 1, Perreau-Saussine recounts the impact of British political debates during the 1950s and 1960s on MacIntyre's early intellectual development. Sharing a disdain for the Labour Party's embrace of a "reformed capitalism" and welfare state politics with other members of the New Left such as Charles Taylor, MacIntyre connected this political stance with a theoretical critique of utilitarianism, foreshadowing his later criticisms of bureaucracy in After Virtue. However, unlike Taylor, who "places himself on the field 'culture,'" focusing on the articulation of a richer account of modern values, "in MacIntyre's eyes, virtue and wisdom are more fragile than Taylor thinks." Perreau-Saussine not only insightfully explains the contrasting views of MacIntyre and Taylor in terms of their estimation of the prospects inherent within postwar liberal politics but also explains how MacIntyre's pessimistic take on postwar politics led him to embrace elements of conservatism, especially the theme of the individual as "embedded" within a community and tradition, which thus provide an essential context for understanding individual freedom. As such, the author argues, for MacIntyre, Burke and Marx come together in their critique of the abstractions of liberalism. However, "[u]nlike Burke's conservatism," the author argues, "MacIntyre's is not a liberal conservatism but one that tends toward an antiliberal conservatism." We might also note that this skepticism of the market places MacIntyre in opposition to many contemporary conservatives. Perreau-Saussine shows how MacIntyre's early affinity with conservative ideas, originally as a source of criticism of the Labour Party's embrace of the welfare state, links with MacIntyre's later work, especially his notion of a practice, which connects with Ruskin's discussions of the craftsman, and his account of the natural law, which, like Burke, he takes to be embedded within communities and traditions.Chapter 2 shows how MacIntyre's participation in postwar politics overlaps with various philosophical debates of the time, including those concerning the role of morality within Marxism, the adequacy of analytic moral philosophy, and the impact of the late Wittgenstein's work. For MacIntyre and other Marxists, Stalin's brutality highlighted Marxism's need for an adequate account of ethics. Whereas some appealed to Kantian themes to address this problem, MacIntyre rejected this path. Accordingly, Perreau-Saussine notes "MacIntyre's unceasing interest with Hegelian philosophy of action," especially Hegel's critique of Kant's appeal to an abstract notion of "humanity," a theme that returns in After Virtue. This recognition of the lack of an adequate moral perspective within Marxism, made apparent by Stalin's consequentialism, along with MacIntyre's refusal to embrace Kant's "abstract universalism" was another avenue leading him from Marx to Aquinas, as the author adeptly illustrates. Perreau-Saussine's comparison of MacIntyre and Lyotard is also insightful. For both, Stalinism and the theoretical failures of Marxism lead to a rejection of this political tradition; but where Lyotard, rejecting universalism altogether, turns to Nietzsche, MacIntyre turns to Aristotle and then Aquinas, seeking a more adequate conception of reason rather [End Page 558] than rejecting it. Like Hegel, the late Wittgenstein's emphasis on the role of communal standards for individual thought and action also made an important impact on MacIntyre's thought, further informing his focus on local communities and traditions. As the... (shrink)

The growing proportion of elderly people in society, together with recent advances in robotics, makes the use of robots in elder care increasingly likely. We outline developments in the areas of robot applications for assisting the elderly and their carers, for monitoring their health and safety, and for providing them with companionship. Despite the possible benefits, we raise and discuss six main ethical concerns associated with: (1) the potential reduction in the amount of human contact; (2) an increase in the (...) feelings of objectification and loss of control; (3) a loss of privacy; (4) a loss of personal liberty; (5) deception and infantilisation; (6) the circumstances in which elderly people should be allowed to control robots. We conclude by balancing the care benefits against the ethical costs. If introduced with foresight and careful guidelines, robots and robotic technology could improve the lives of the elderly, reducing their dependence, and creating more opportunities for social interaction. (shrink)

La philosophie a souvent pensé l’attention en référant celle-ci à la volonté et à la perception. Elle décline ainsi deux paradigmes fondamentaux qui abordent la question de l’attention à partir de présupposés qui, pour décisifs qu’ils soient, ne sont pas toujours discutés pour eux-mêmes. Le paradigme volontariste fait de l’attention le produit d’un acte de la volonté, fût-ce sous une forme émergente. De Descartes à Alain, en passant par Maine de Biran et Bergson, l’attention est ainsi définie...

La question de l?intentionnalité collective est au c?ur de l?un des débats les plus intéressants que la philosophie analytique de ces vingt dernières années ait pu nous offrir 1 . Historiquement, ce débat s?ouvre à la fin des années 1980 par l?intermédiaire d?une série de contributions qui en déterminent les coordonnées fondamentales 2 . Il s?est ensuite rapidement intensifié à la faveur de la radicalisation des positions en présence, puis en s?élargissant à des questions annexes : la question de la (...) nature des faits institutionnels par exemple 3 , ou encore celle du statut des acteurs collectifs 4 . Enfin, il a donné lieu à des prolongements interdisciplinaires féconds 5 . En guise de première approche, il nous suffira de dire que le concept d?intentionnalité collective s?efforce de penser ce que nous mettons couramment sous le pronom personnel « nous ». Plus précisément, l?intentionnalité collective ne thématise pas le « nous » comme une simple réunion de « je », comme une première personne pluralisée, mais bien comme une totalité que l?on ne peut pas complètement réduire à ses parties. Elle ne désigne pas l?addition d?unités discrètes et isolées, mais bien un ensemble unitaire. Le pari implicite de cette conceptualisation est donc de considérer que l?intentionnalité ? du moins une certaine théorie ou un certain concept d?intentionnalité ? est un instrument valable pour tenter de. (shrink)

Les écrits du dernier Husserl développent une théorie du monde de la vie qui s’expose dans la Krisis de 1936 et dans les nombreux textes inédits qui lui font cortège. Si cette théorie du monde de la vie ne se présente pas, à première vue, comme une éthique ou une théorie de l’éthique, elle demeure marquée par une préoccupation éthique qui scelle l’unité des analyses husserliennes. Dans cet article, on cherchera à préciser les contours et la portée de cette ultime (...) éthique husserlienne, en revenant en particulier sur le motif de l’auto-méditation que Hus-serl érige en principe de la responsabilité individuelle et sociale. (shrink)

As the cognitive revolution was slow to come to the study of animal behavior, the vast majority of what we know about primate cognition has been discovered in the last 30 years. Building on the recognition that the physical and social worlds of humans and their living primate relatives pose many of the same evolutionary challenges, programs of research have established that the most basic cognitive skills and mental representations that humans use to navigate those worlds are already possessed by (...) other primates. There may be differences between humans and other primates, however, in more complex cognitive skills, such as reasoning about relations, causality, time, and other minds. Of special importance, the human primate seems to possess a species-unique set of adaptations for “cultural intelligence,” which are broad reaching in their effects on human cognition. (shrink)

In this paper, we aim to show that the framework of embedded, distributed, or extended cognition offers new perspectives on social cognition by applying it to one specific domain: the psychology of memory. In making our case, first we specify some key social dimensions of cognitive distribution and some basic distinctions between memory cases, and then describe stronger and weaker versions of distributed remembering in the general distributed cognition framework. Next, we examine studies of social influences on memory in cognitive (...) psychology, and identify the valuable concepts and methods to be extended and embedded in our framework; we focus in particular on three related paradigms: transactive memory, collaborative recall, and social contagion. Finally, we sketch our own early studies of individual and group memory developed within our framework of distributed cognition, on social contagion of autobiographical memories, collaborative flashbulb memories, and memories of high school at a high school reunion. We see two reciprocal benefits of this conceptual and empirical framework to social memory phenomena: that ideas about distributed cognition can be honed against and tested with the help of sophisticated methods in the social cognitive psychology of memory; and conversely, that a range of social memory phenomena that are as yet poorly understood can be approached afresh with theoretically motivated extensions of existing empirical paradigms. (shrink)

English summary: The collected essays in this volume examine the question of experience and consciousness in philosophy, from the ancient Greeks, Descartes, and German Idealism, to contemporary phenomenology. French description: Ce volume est consacre au concept de phenomene. Les etudes rassemblees se proposent de contribuer a son intelligence en revenant sur quelques-uns des moments les plus marquants de son histoire, sans pretendre a l'exhaustivite. L'ouvrage s'ouvre par deux etudes de philosophie antique. Arnaud Mace restitue tout d'abord la problematique seminale du (...) phenomene, telle qu'elle s'elabore chez les presocratiques (Homere, Anaxagore, Parmenide) et chez Platon. Baptiste Bondu etudie ensuite la question du phenomene dans l'ecole stoicienne. Suivent deux contributions qui expose, pour l'une, la philosophie cartesienne des phenomenes (Delphine Bellis) et examine, pour l'autre, les principes et les difficultes du phenomenisme de Berkeley (Luc Peterschmitt). Deux articles attestent du renouvellement de l'approche philosophique des phenomenes dans l'idealisme allemand. Francois Calori rappelle le role decisif joue par le criticisme et explicite la definition kantienne du phenomene comme objet indetermine d'une intuition empirique. Comme le souligne Olivier Tinland, Hegel compose avec le legs de la philosophie kantienne tout en deplacant le site meme de la reflexion conduite sur les phenomenes, puisqu'il refere desormais l'apparaitre a une idealite objective. Concernant la periode contemporaine, Laurent Perreau examine la redefinition du concept de phenomene operee par la phenomenologie husserlienne. Enfin, la contribution de Vincent Bontems est consacree a la philosophie de G. Bachelard: informee des developpements historiques de la science physique, cette derniere voit dans le phenomene le produit d'une construction a la fois theorique et experimentale. (shrink)

This paper addresses both ‘student engagement’ in contemporary universities, and student ‘disengagement’ – where the latter is often seen as a failure of performance, or absence of will. In a bold move, the paper asks whether students should be engaged in their university education, and whether there is value in forms of disengagement. It finds an original way in which student disengagement can be understood by drawing on the writings of Stanley Cavell – on the philosophical appeal to what we (...) say, our search for criteria, and on ideas of acknowledgement and avoidance in his work on Shakespearian tragedy. It shows what is at stake in our attunement with, and dissent from, criteria, and how such dissent can be educative. The paper considers the film ‘Stella Dallas’, in which Stella’s aversion to, her disengagement from, her culture’s criteria, is not a passive withdrawal, but rather the finding of voice, her education as a grownup. The paper concludes that disengagement, understood as aversion, dissent and refusal of voice, is not to be seen always as a lack of action or of care, but as the opposite: the active voicing of what we will, or will not, consent to in our education. (shrink)

Este estudo objetivou conhecer o pensamento de toxicômanos sobre o uso de maconha durante o tratamento para abuso do crack. Participaram 10 sujeitos do sexo masculino, entre 15 e 36 anos, em tratamento nos CAPSi e CAPSad na cidade de Santa Maria/RS. Foram realizadas entrevistas semi-estruturadas e s..

En 1922, George Herbert Mead publie dans le volume XIX du Journal of Philosophy un texte intitulé « A Behavioristic Account of the Significant Symbol ». Cette contribution a depuis fait l’objet d’une réédition due aux soins de A. Reck. Nous avons choisi d’en proposer ci-après une traduction en langue française. Trois raisons justifient l’intérêt que l’on peut porter à ce...

Human motor learning is governed by a suite of interacting mechanisms each one of which modifies behavior in distinct ways and rely on different neural circuits. In recent years, much attention has been given to one type of motor learning, called motor adaptation. Here, the field has generally focused on the interactions of three mechanisms: sensory prediction error SPE-driven, explicit, and reinforcement learning. Studies of these mechanisms have largely treated them as modular, aiming to model how the outputs of each (...) are combined in the production of overt behavior. However, when examined closely the results of some studies also suggest the existence of additional interactions between the sub-components of each learning mechanism. In this perspective, we propose that these sub-component interactions represent a critical means through which different motor learning mechanisms are combined to produce movement; understanding such interactions is critical to advancing our knowledge of how humans learn new behaviors. We review current literature studying interactions between SPE-driven, explicit, and reinforcement mechanisms of motor learning. We then present evidence of sub-component interactions between SPE-driven and reinforcement learning as well as between SPE-driven and explicit learning from studies of people with cerebellar degeneration. Finally, we discuss the implications of interactions between learning mechanism sub-components for future research in human motor learning. (shrink)

In this paper, I argue that it is possible to have an account of shame and guilt as mature concepts in moral psychology that sit alongside immature ones. In arguing for this, I adopt the critical r...

This paper presents findings from a survey conducted with formerly incarcerated individuals on their experiences of food and food systems within federal prisons in Canada. Beyond affirming the many problems with the quality and quantity of food provided to incarcerated individuals, the findings discussed in this article highlight the multi-faceted and paradoxical role of food behind bars. Food was a tool of punishment and a site of conflict, yet it simultaneously provides an important source of community and camaraderie. While there (...) can be no “just” carceral food system because carceral systems are inherently unjust systems, a conversation about food provisioning within prison helps bring into focus opportunities to improve the material conditions of incarcerated individuals in the short-term as well as openings to question the logic and legitimacy of carceral institutions more broadly. As we are all bound-up in carceral food systems, there is a collective responsibility to interrogate and make visible the realities of carceral food systems in order to work towards non-carceral futures. (shrink)

In this paper Amanda Fulford addresses the issue of student writing in the university, and explores how the increasing dominance of outcome-driven modes of learning and assessment is changing the understanding of what it is to write, what is expected of students in their writing, and how academic writing should best be supported. The starting point is the increasing use of what are termed “technologies” of writing — “handbooks” for students that address issues of academic writing — that systematize, (...) and smooth the work of writing in, Fulford argues, an unhelpful way. This leads to a reconsideration of what it means to write in the university, and what it is to be a student who writes. Fulford explores etymologically the concept of “writing” and suggests that it might be seen metaphorically as physical labor. Writing as physical labor is explored further through the agricultural metaphors in Henry David Thoreau's Walden and through Stanley Cavell's reading of that text. In making a distinction between writing-as-plowing and writing-as-hoeing, Fulford argues that some technologies of writing deny voice rather than facilitate it, and she concludes by offering a number of suggestions for the teaching and learning of writing in the university that emphasize the value of being lost and finding one's own way out. These “lessons” are illustrated with reference to Thoreau's text Walden and to American literature and film. (shrink)

This paper explores the relationship between dignity and robot care for older people. It highlights the disquiet that is often expressed about failures to maintain the dignity of vulnerable older people, but points out some of the contradictory uses of the word ‘dignity’. Certain authors have resolved these contradictions by identifying different senses of dignity; contrasting the inviolable dignity inherent in human life to other forms of dignity which can be present to varying degrees. The Capability Approach (CA) is introduced (...) as a different but tangible account of what it means to live a life worthy of human dignity. It is used here as a framework for the assessment of the possible effects of eldercare robots on human dignity. The CA enables the identification of circumstances in which robots could enhance dignity by expanding the set of capabilities that are accessible to frail older people. At the same time, it is also possible within its framework to identify ways in which robots could have a negative impact, by impeding the access of older people to essential capabilities. It is concluded that the CA has some advantages over other accounts of dignity, but that further work and empirical study is needed in order to adapt it to the particular circumstances and concerns of those in the latter part of their lives. (shrink)

As robots are deployed in a widening range of situations, it is necessary to develop a clearer position about whether or not they can be trusted to make good moral decisions. In this paper, we take a realistic look at recent attempts to program and to train robots to develop some form of moral competence. Examples of implemented robot behaviours that have been described as 'ethical', or 'minimally ethical' are considered, although they are found to only operate in quite constrained (...) and limited application domains. There is a general recognition that current robots cannot be described as full moral agents, but it is less clear whether will always be the case. Concerns are raised about the insufficiently justified use of terms such as 'moral' and 'ethical' to describe the behaviours of robots that are often more related to safety considerations than to moral ones. Given the current state of the art, two possible responses are identified. The first involves continued efforts to develop robots that are capable of ethical behaviour. The second is to argue against, and to attempt to avoid, placing robots in situations that demand moral competence and an understanding of the surrounding social situation. There is something to be gained from both responses, but it is argued here that the second is the more responsible choice. (shrink)

Amanda Kelly À la recherche d'un bain romain dans la région de Malia p. 607-627 On aborde ici l'importance de l'activité romaine dans la région de Malia et on examine l'éventualité de la présence d'un bain romain (public ou privé, mais plus vraisemblablement privé) dans la zone du marais. L'identification de trois clous d'espacement en terre cuite et de plusieurs fragments de pilae recueillis lors de la prospection de Malia, près de la basilique, suggère l'existence d'un bain romain dans (...) les environs, quelque part dans le marais (probablement dans la région de la basilique). La présence de clous d'espacement en terre cuite dans l'arrière-pays maliote est révélatrice, puisque leur usage est presque exclusivement associé à des bains romains, ailleurs dans l'Orient romain (généralement datés des IIe et IIIe siècles apr. J.-C.). (shrink)

This paper assesses the potential of organisational culture as a means for improving ethics in organisations. Organisational culture is recognised as one determinant of how people behave, more or less ethically, in organisations. It is also incresingly understood as an attribute that management can and should influence to improve organisational performance. When things go wrong in organisations, managers look to the culture as both the source of problems and the basis for solutions. Two models of organisational culture and ethical behaviour (...) are evaluated. They rest on different understandings of organisational culture and the processes by which ethics are enhanced. Firstly, the prevailing approach holds that creating a unitary cohesive culture around core moral values is the solution to enhancing ethical behaviour. Both the feasibility and desirability of this approach, in terms of ethical outcomes, is questioned. The second model queries the existence of organisational culture at all, arguing that organisations are nothing more than shifting coalitions of subcultures. In this second model, the very porousness of the subcultures provides a catalyst for the scrutiny and critique of norms and practices. Such diversity and debate is construed as potentially a better safeguard for ethical behaviour than the uniformity promised by the unitary, strong culture model. (shrink)

This paper considers what is at stake in the idea of universitas – a community of masters and scholars – in the context of the shifting landscape of higher education engendered by the COVID-19 pandemic. Drawing on the philosophy of Gabriel Marcel, we consider what it means to be together in a university community. We draw a distinction between the idea of ‘functioning’ as universitas and ‘being’ universitas, arguing that, that while universities have continued to function effectively through the pandemic, (...) something of what it means to be universitas has been lost. We explore, through Marcel’s concepts of disponibilité and indisponibilité (availability and unavailability), presence and communion, what is at stake in our being with others, and participating in their plenitude. We conclude that being bodily present to each other opens up possibilities for realising something of what it means to be universitas as a community of masters, scholars and students. (shrink)

BackgroundNeuroethics describes several interdisciplinary topics exploring the application and implications of engaging neuroscience in societal contexts. To explore this topic, we present Part 3 of a four-part bibliography of neuroethics’ literature focusing on the “ethics of neuroscience.”MethodsTo complete a systematic survey of the neuroethics literature, 19 databases and 4 individual open-access journals were employed. Searches were conducted using the indexing language of the U.S. National Library of Medicine. A Python code was used to eliminate duplications in the final bibliography.ResultsThis bibliography (...) consists of 1137 papers, 56 books, and 134 book chapters published from 2002 through 2014, covering ethical issues in neuroimaging, neurogenetics, neurobiomarkers, neuro-psychopharmacology, brain stimulation, neural stem cells, neural tissue transplants, pediatric-specific issues, dual-use, and general neuroscience research issues. These works contain explanations of recent research regarding neurotechnology, while exploring ethical issues in future discoveries and use. (shrink)

This article explores accusations as collaboratively accomplished in classroom peer interactions in the absence of a teacher. The analysis shows how the children use local classroom rules and teacher authority as resources and warrants to invoke multi-layered moral orders and identities, and hold one child accountable through accusations about their behavior. The accused children are categorized in a duplicative way with morally degrading descriptions and as out-group members. This article argues that understanding children’s accusations requires understanding of how such interactions (...) compose and reflect the school context that is co-produced through the implementation of accountable ways in which to behave. (shrink)

Given the highly coercive and heavily surveilled dynamics of the present moment, when the tremendous pressures exerted by capital on contemporary life produce an aggressively normative 'official reality', the question of the construction of other possible worlds is crucial and perhaps more urgent than ever. This collection brings together different perspectives from the fields of philosophy, aesthetics, and art to discuss the mechanisms through which possible worlds are thought, constructed, and instantiated, forcefully seeking to overcome the contemporary moment's deficit of (...) conceptualizing alternate realities, its apparent fear of imagining possible new and compelling futures, and beginning the arduous task of producing the political dynamics necessary for actual construction. Implicit in this dynamic between the conceptual and the possible is the question of how thinking intertwines with both rationality and the inherited contingencies and structures of the world that loom before us. With no ascertainable ground on which to build, with no confidence in any 'given' that could guarantee our labours, how do we even envisage the construction site(s) of possible worlds, and with what kind of diagrams, tools, and languages can we bring them into being? (shrink)

Osiurak and Reynaud offer a unified cognitive approach to cumulative technological culture, arguing that it begins with non-social cognitive skills that allow humans to learn and develop new technical information. Drawing on research focusing on how children acquire knowledge through interactions others, we argue that social learning is essential for humans to acquire technical information.