The gesture-as-simulated-action framework explains the occurrence of iconic gestures. Accordingly, simulated visual imagery gives rise to observer-viewpoint, whereas simulated motor imagery gives rise to character-viewpoint gestures. Because little is known about whether this relationship is either the product of becoming a competent speaker in different communicative tasks or exists from an early age, we investigated 4-year-olds. In the first session, 55 children performed three different communicative tasks. In the second session, we administered a SON-R non-verbal intelligence test to assess children’s (...) cognitive abilities. Results revealed a strong association between the frequency with which children used observer-viewpoints gestures and their scores in visual processing abilities. Because the association between gestures and visuospatial cognitive abilities was found across three communicative tasks, we can propose that it is a general ability rather than a phenomenon of task-specific discourse competence. We discuss these findings in terms of gestural threshold and cognitive offloading. (shrink)

In recent decades, concepts of group agency and the morality of groups have increasingly been discussed by philosophers. Notions of collective or joint duties have been invoked especially in the debates on global justice, world poverty and climate change. This paper enquires into the possibility and potential nature of moral duties individuals in unstructured groups may hold together. It distinguishes between group agents and groups of people which – while not constituting a collective agent – are nonetheless capable of performing (...) a joint action. It attempts to defend a notion of joint duties which are neither duties of a group agent nor duties of individual agents, but duties held jointly by individuals in unstructured groups. Furthermore, it seeks to illuminate the relation between such joint duties on the one hand and individual duties on the other hand. Rebutting an argument brought forward by Wringe, the paper concludes that it is not plausible to assume that all humans on earth can together hold a duty to mitigate climate change or to combat global poverty given that the members of that group are not capable of joint action. (shrink)

ABSTRACTOrganization and management researchers praise the value of care in the workplace. However, they overlook the conflict between caring for work and for coworkers, which resonates with the dilemma of care allocation highlighted by ethicists of care. Through an in-depth qualitative study of two organizations, we examine how this dilemma is confronted in everyday organizational life. We draw on the concept of boundary work to explain how employees negotiate the boundary of their caring responsibilities in ways that grants or denies (...) care to coworkers. We argue that the possibility of an ethics of care for coworkers requires boundary work that suspends the separation of personal and professional selves and constitutes the worker as a whole person. We contribute to research on care in organizations by showing how care for coworkers may be enabled or undermined by maintaining or suppressing the care allocation dilemma. (shrink)

Anne Conway was an extraordinary figure in a remarkable age. Her mastery of the intricate doctrines of the Lurianic Kabbalah, her authorship of a treatise criticising the philosophy of Descartes, Hobbes, and Spinoza, and her scandalous conversion to the despised sect of Quakers indicate a strength of character and independence of mind wholly unexpected (and unwanted) in a woman at the time. Translated for the first time into modern English, her Principles of the Most Ancient and Modern Philosophy is (...) the most interesting and original philosophical work written by a woman in the seventeenth century. Her radical and unorthodox ideas are important not only because they anticipated the more tolerant, ecumenical, and optimistic philosophy of the Enlightenment, but also because of their influence on Leibniz. This fully annotated edition includes an introduction which places Conway in her historical and philosophical contexts, together with a chronology of her life and a bibliography. (shrink)

Based on the author’s experiences the practice of self-tracking can empower individuals to explore and address issues in their lives. This work is inspired by examples of people who have reclaimed their wellness through an iterative process of noticing patterns of ups and downs, trying out new ideas and strategies, and observing the results. In some cases, individuals have realized that certain foods, environmental exposures, or practices have unexpected effects for them, and that adopting custom strategies can greatly improve quality (...) of life, overcoming chronic problems. Importantly, adopting the role of investigator of their own situation appears to be transformative: people who embarked on this path changed their relationship to their health situation even before making discoveries that helped lead to symptom improvement. The author co-founded the BodyTrack project in 2010 with the goal of empowering a broader set of people to embrace this investigator role in their own lives and better address their health and wellness concerns, particularly those with complex environmental or behavioral components. The core of the BodyTrack system is an open source web service called Fluxtream that allows users to aggregate, visualize, and reflect on data from myriad sources on a common timeline. The project is also working to develop and spread peer coaching practices to help transfer the culture and skills of self-tracking while mentoring individuals in how to self-assess their own situation and guide the process for themselves. (shrink)

In the contemporary virtue ethics literature, eudaimonia is discussed far more often than it is defined or fully articulated. It was introduced into the contemporary virtue ethics literature by philosophers who work in ancient philosophy, and who are familiar with the work of ancient eudaimonists (where the ancient eudaimonists are typically thought to include Plato, the Stoics, and (especially) Aristotle). Yet, predictably, among philosophers who study ancient philosophy, there is not consensus, but rather lively debate, about what eudaimonia is: how (...) the various ancient eudaimonists understood it, the role it played in their theories, and so on.2 In this chapter, I will discuss the role of eudaimonia in contemporary virtue ethics, and especially contemporary eudaimonist virtue ethics. (shrink)

This book engages with the most urgent philosophical questions pertaining to the problem of terrorism. What is terrorism? Could it ever be justified? Assuming that terrorism is just one of many kinds of political violence, the book denies that it is necessarily wrong and worse than war. In fact, it may be justifiable under certain circumstances.

The mathematician Georg Cantor strongly believed in the existence of actually infinite numbers and sets. Cantor’s “actualism” went against the Aristotelian tradition in metaphysics and mathematics. Under the pressures to defend his theory, his metaphysics changed from Spinozistic monism to Leibnizian voluntarist dualism. The factor motivating this change was two-fold: the desire to avoid antinomies associated with the notion of a universal collection and the desire to avoid the heresy of necessitarian pantheism. We document the changes in Cantor’s thought with (...) reference to his main philosophical-mathematical treatise, the Grundlagen (1883) as well as with reference to his article, “Über die verschiedenen Standpunkte in bezug auf das aktuelle Unendliche” (“Concerning Various Perspectives on the Actual Infinite”) (1885). (shrink)

Lorsqu’il fait référence, dans les traités 31 (V,8) et 48 (III,3) à la beauté d’Hélène, Plotin reprend un topos de la littérature grecque antique. Après avoir rappelé les différentes interprétations de cette figure controversée, on examine ici la façon dont Plotin, tout en rejoignant certaines de ces interprétations, retravaille ce topos (dans le cadre de sa polémique contre les Gnostiques) pour lui donner un sens nouveau.

A fallibilist theory of knowledge is employed to make sense of the idea that agents know what they are doing 'without observation' (as on Anscombe's theory of practical knowledge).

This article focuses on the ethical implications of so-called ‘collateral damage’. It develops a moral typology of collateral harm to innocents, which occurs as a side effect of military or quasi-military action. Distinguishing between accidental and incidental collateral damage, it introduces four categories of such damage: negligent, oblivious, knowing and reckless collateral damage. Objecting mainstream versions of the doctrine of double effect, the article argues that in order for any collateral damage to be morally permissible, violent agents must comply with (...) high standards of care. In order for incidental harm to be permissible, an agent must take pains to avoid such harm even at higher cost to him- or herself. It is argued that accidentally but negligently caused collateral damage may be just as difficult to excuse as incidental harm. Only if high precautionary standards of care are met, can unintended harm to innocents – incidental or accidental – be permissible. In practice, such a strong commitment to avoiding harm to civilians may well lead us to question more generally and rethink more radically how violent conflicts ought to be fought, how military violence ought to be used and whether there are better ways of achieving those aims that we think are legitimate than those we are currently using. (shrink)

Management and organization researchers are being called to conduct research that is more caring, yet the concept of care and how to practice it within the profession is undertheorized. Adopting a feminist epistemology and methodology, we develop the concept of care by weaving the personal, ethical, and political into the research process. First, we reflect critically on how aspects of care—attentiveness, responsibility, competence, and responsiveness (Tronto, Moral boundaries: a political argument for an ethic of care, Routledge, 1993; Tronto, Caring democracy: (...) markets, equality, and justice, New York University Press, 2013)—unfolded in our personal research experiences, and secondly, we conduct a review of articles published in management and organization studies and analyse expressed or concealed conceptions of care in scholars’ accounts of research purpose and ethics. We find three ethical sensibilities at the heart of enacting care: encountering the ‘other’, interpreting roles and responsibilities, and deliberating needs and resources. We contribute to a feminist research ethics by highlighting issues related to care that are concealed in dominant ethos guiding management and organization research. Further, we develop methodological insights for implementing an ethic of care as an alternative ethical standpoint in business research ethics. Finally, we provide suggestions for how to embed more care within research ethics practices in academic institutions. (shrink)

ABSTRACTIn three experiments we investigated whether memory-independent evaluative conditioning and other memory-independent contingency learning effects occur in the valence contingency...

Defenders of pragmatic encroachment in epistemology hold that practical factors have implications for a belief’s epistemic status. Paradigm defenders of pragmatic encroachment have held—to state their positions roughly— that whether someone’s belief that p constitutes knowledge depends on the practical reasons that she has (Stanley 2005), that knowing p is necessary and sufficient for treating p as a reason for action (Hawthorne and Stanley 2008), or that knowing p is sufficient for reasonably acting as if p (Fantl and McGrath 2009: (...) 66). Although their defenders may not always pose their theses in the language of practical reasons, the idea of a practical reason is central to each of these views. Yet there remain issues concerning the nature and basis of practical reasons on which defenders of pragmatic encroachment have not taken a position, including—as I will explain—the issue of whether internalism or externalism about reasons is true. It may be thought that the position the defender of pragmatic encroachment takes on this does not make a difference to the truth or falsity of her main thesis. In this chapter, I will show that it does matter, in the sense that her view will generate different verdicts about cases depending on whether she endorses internal- ism or externalism about reasons. Given the role of cases in providing intui- tive support for or against the theory, this, in turn, makes a difference to the plausibility of pragmatic encroachment. (shrink)

This article criticizes recent suggestions that the current ELSI research field should accommodate a new direction towards a ‘post-ELSI’ agenda. Post-ELSI research seeks to avoid the modernist division of responsibility for technical and social issues said to characterize ELSI research. Collaboration and integration are consequently the key terms of post-ELSI strategies that are to distinguish it from ELSI strategies. We argue that this call for a new direction relies on an inadequate generalized analysis of ELSI research as modern that will (...) affect the construal of post-ELSI strategies. We are concerned that the call for post-ELSI shift will exclude imaginative proposals and intellectual freedom by narrowing down the scope and methodologies of ELSI and thereby missing opportunities to play a critical and constructive normative role. Instead of framing current trends in ELSI research as a radical and progressive shift from ELSI to post-ELSI, we suggest an alternative story of expansion and diversification described in terms of a drift from ELSA 1 to ELSA 2, pertaining to acronyms in use in Europe. ELSI research has never been modern. It has been experimenting from the very start on ways to mesh the works of humanist, social and natural scientist in order to bridge and build alignments of emerging scientific and societal goals and matters of concern. The development from ELSA 1 to ELSA 2 expands in our account the range of intellectual and methodological capacities of analysis and engagement of complex and dynamic science-society relationships. We present three areas of ELSA expertise to illustrate that the expertise within the field builds on scholarly achievements within the humanities, social sciences as well as the natural sciences. The plurality of disciplinary background of ELSA researchers represents a valuable diversity that enables mutual criticism and formulations of complementary approaches that together constitute a viable ELSA field. (shrink)

Like the subtitle says, this is an intro to food ethics that also collects writings on food ethics by others. Topics include: animals, consumption, farming, identity, justice, paternalism, religion, and workers.

Background Interest in strengthening residents’ autonomy in nursing homes is intensifying and professional caregivers’ experience ethical dilemmas when the principles of beneficence and autonomy conflict. This increased focus requires expanded knowledge of how residents experience decision-making in nursing homes and how being subject to paternalism affects residents’ dignity. Research question/aim This study explored how residents experience paternalism in nursing homes. Research design This study involved a qualitative interpretive design with participant observations and semi-structured interviews. The interpretations were informed by Gadamer’s (...) hermeneutics. Participants and research context Eleven residents were interviewed after a period of participant observation in two nursing homes. Ethical considerations The study was performed in accordance with the Helsinki declaration. The Regional Ethics Committee (REK) permitted the researcher to perform participant observation in the nursing homes. The use of audio recordings of interviews was registered and supervised by Sikt - Norwegian Agency for Shared Services in Education and Research. The resident’s consent was assessed continuously. Three interviews were terminated for ethical reasons. Findings The resident interviews revealed that residents found it obvious for caregivers to possess the decision-making authority in nursing homes. When residents explained their views, three main themes emerged: (1) To be included even though caregivers make the decisions, (2) Surrender to dependency, and (3) Adherence to nursing home norms. Conclusions Residents submit to their caregivers and give caregivers the responsibility and function as leaders. Paternalism was experienced as dignifying in situations where it contributed to residents being able to live according to second order desires and values, and when it implied respect and appraisal of residents’ capabilities. Paternalism was experienced as debasing when residents felt left out, and when residents felt that their capabilities were underestimated. This also included their capability to withstand paternalistic influence. (shrink)

According to Quine’s indispensability argument, we ought to believe in just those mathematical entities that we quantify over in our best scientific theories. Quine’s criterion of ontological commitment is part of the standard indispensability argument. However, we suggest that a new indispensability argument can be run using Armstrong’s criterion of ontological commitment rather than Quine’s. According to Armstrong’s criterion, ‘to be is to be a truthmaker (or part of one)’. We supplement this criterion with our own brand of metaphysics, 'Aristotelian (...) (...) realism', in order to identify the truthmakers of mathematics. We consider in particular as a case study the indispensability to physics of real analysis (the theory of the real numbers). We conclude that it is possible to run an indispensability argument without Quinean baggage. (shrink)

This paper provides a formal analysis of the grammatical encoding of temporal information in Hausa (Chadic, Afro-Asiatic), thereby contributing to the recent debate on temporality in languages without overt tense morphology. By testing the hypothesis of covert tense against recently obtained empirical data, the study yields the result that Hausa is tenseless and that temporal reference is pragmatically inferred from aspectual, modal and contextual information. The second part of the paper addresses the coding of future in particular. It is shown (...) that future time reference in Hausa is realized as a combination of a modal operator and a Prospective aspect marker, involving the modal meaning components of intention and prediction as well as event time shifting. The discussion relates directly to recent approaches to other seemingly tenseless languages such as St’át’imcets (Matthewson, Linguist Philos 29:673–713, 2006) or Paraguayan Guaraní (Tonhauser, Linguist Philos 34:257–303, 2011b) and provides further evidence for the suggested analyses of the future markers in these languages. (shrink)

Journal of Philosophy of Education, EarlyView.

Recently a number of philosophers have argued for a kind of encroachment of the practical into the epistemic. Fantl and McGrath, for example, argue that if a subject knows that p, then she is rational to act as if p. (Fantl and McGrath 2007) In this paper I make a preliminary case for what we might call encroachment in, not knowledge or justification, but epistemic excellence, recent accounts of which include those of Roberts and Wood (2007), Bishop and Trout (2005), (...) and Baehr (2011). I believe that practical considerations bear on whether a disposition is an epistemic excellence, and I propose a practical condition on epistemic excellence that is roughly analogous to the practical condition on knowledge proposed by Fantl and McGrath. Since the view is also an epistemic analogue to a kind of moral rationalism in ethics, we might also call it a variety of ‘epistemic rationalism’. (shrink)

This paper is on Aristotle's conception of the continuum. It is argued that although Aristotle did not have the modern conception of real numbers, his account of the continuum does mirror the topology of the real number continuum in modern mathematics especially as seen in the work of Georg Cantor. Some differences are noted, particularly as regards Aristotle's conception of number and the modern conception of real numbers. The issue of whether Aristotle had the notion of open versus closed intervals (...) is discussed. Finally, it is suggested that one reason there is a common structure between Aristotle's account of the continuum and that found in Cantor's definition of the real number continuum is that our intuitions about the continuum have their source in the experience of the real spatiotemporal world. A plea is made to consider Aristotle's abstractionist philosophy of mathematics anew. (shrink)

This paper explores the notion of practical wisdom asan alternative to current formulations of criticalthinking. The practical realm is that ofill-structured problems that emerge from life aslived; it is a realm of legitimate uncertainty andambiguity that requires an ethical responsiveness orpractical wisdom. The death of a child is a case inpoint. The author identifies and examines threeaspects of practical wisdom – the ethical claims ofpartiality, a yielding responsiveness and the play ofthought – and juxtaposes them with aspects of criticalthinking. The (...) work of Martha Nussbaum and RichardPaul are interwoven throughout the discussion. Theauthor concludes that the discourse of criticalthinking is in danger of lapsing into a form of moralescapism wherein all we are rationally responsible foris thinking correctly. Practical wisdom, on theother hand, recognizes that thinking is not simply anintellectual cognitive act of an individual but adance between the life of a child and the love of anelder, a conversation between what is and what couldbe, an openness to passionate sorrow and surprise, aplay between understanding and perception. As such,practical wisdom provides a more likely account ofliving in good faith with oneself and others. (shrink)

In this article, I compare the ways in which Baudrillard and Heidegger seek to bring attention to the importance of death for our personal existential situation which has now become repressed in conceptions of existence and society. Heidegger critiques public conceptions of death that serve to cover up its importance. Less well known is that, somewhat in parallel fashion, Baudrillard charts a ‘genealogy’ of the ‘extradition’ of the dead from the centre of the social and he claims that we live (...) currently in a death denying society. This reduces the meaning of our own impending deaths. However, unlike Heidegger, Baudrillard’s ‘genealogical’ critique of the exclusion of death in modern society is not a one-way dismissal because he proposes an alternative social role for death in the form of ‘primitive symbolic exchange’. (shrink)

Ross and MacKay argue that excluding sugar-sweetened beverages from the Supplemental Nutrition Assistance Program is ‘in principle morally permissible’ because it does not violate the central obligation that SNAP is meant to discharge—the obligation to ensure that citizens have secure access to food adequate to meet their nutritional needs. I query this argument, and suggest two other ways of understanding the core purpose of SNAP. According to the first, the core purpose of SNAP includes promoting good nutritional outcomes; thus, one (...) might argue, including sugary drinks in SNAP undermines its core purpose. According to a second conception of SNAP, its core purpose ought to be much broader: promoting good nutritional outcomes, ensuring food security and providing secure access to other food-related goods, such as pleasure, social experiences and cultural expression. (shrink)

This essay in both literary criticism and negative theology treats three widely diverse cases of women who “had the nerve to enter a zone of absolute spiritual daring.” The three cases are of the poet Sappho, the mystic Margarite Porete, and the philosopher Simone Weil. Each of them underwent “an experience of decreation, or so she tells us.” Decreation, which is Simone Weil’s coinage, is here defined as “an undoing of the creature in us—that creature enclosed in self and defined (...) by self. But to undo self one must move through self to the very inside of its definition.” The audacious, unconventional spirituality of these women led society to “pass judgments on the authenticity” of their “ways of being.” Weil has been termed “neurotic, anorectic, pathological, sexually repressed or fake” by many readers of both her work and the biographies written about her. Marguerite Porete was condemned at trial for being not only a heretic but also a pseudo-mulier—a “fake woman”—while “Sappho’s ancient biographers tried to discredit her seriousness by assuring us she lived a life of unrestrained and incoherent sexual indulgence.” These women, however, “know what love is,” namely “the touchstone of a true or a false spirituality,” and each of them finds a means of “telling God.”. (shrink)

In recent years, an increasing number of medical books and papers attempting to analyse the concepts of health and disease from the perspective of evolutionary biology have been published.This paper introduces the evolutionary approach to health and disease in an attempt to illuminate the premisses and the framework of Darwinian medicine. My primary aim is to analyse to what extent evolutionary theory provides for a biological definition of the concept of disease. This analysis reveals some important differences between functional explanations (...) in the field of evolutionary biology and functional explanations in the field of medicine. Moreover, I shall argue that the biological functions relevant to the health of an organism cannot be determined on the basis of evolutionary theory. Accordingly, it seems that Darwinian medicine does not provide for the definition of a biological concept of disease. Still,Darwinian medicine may suggest why we are susceptible to certain diseases; it might also prove a suggestive heuristic on the basis of which new hypotheses concerning relevant treatments of various diseases might be advanced. (shrink)

Children learn their native language by exposure to their linguistic and communicative environment, but apparently without requiring that their mistakes be corrected. Such learning from “positive evidence” has been viewed as raising “logical” problems for language acquisition. In particular, without correction, how is the child to recover from conjecturing an over-general grammar, which will be consistent with any sentence that the child hears? There have been many proposals concerning how this “logical problem” can be dissolved. In this study, we review (...) recent formal results showing that the learner has sufficient data to learn successfully from positive evidence, if it favors the simplest encoding of the linguistic input. Results include the learnability of linguistic prediction, grammaticality judgments, language production, and form-meaning mappings. The simplicity approach can also be “scaled down” to analyze the learnability of specific linguistic constructions, and it is amenable to empirical testing as a framework for describing human language acquisition. (shrink)

This volume reflects on the effects of recent discoveries in genetics on a broad range of scientific fields. In addition to neuroscience, evolutionary biology, anthropology and medicine, contributors analyze the effects of genetics on theories of health, law, epistemology and philosophy of biology. Social and moral concerns about the relationship between genetics, society and the individual also figure prominently. Genetic discoveries fuel central contemporary public policy debates concerning, for example, human cloning, equitable access to healthcare or the role of genetics (...) in medicine. Perhaps more fundamentally, advances in genetics are altering our perception of human life and death. An interview with François Jacob by Anne Fagot-Largeault opens the volume. In this interview, Jacob, who shared a Nobel Prize with André Lwoff and Jacques Monod for their discoveries concerning genetic control of enzyme and virus synthesis, addresses many of the central methodological epistemological and ethical questions covered in the volume. The dynamic interdisciplinary character of this volume makes it relevant to scholars from many disciplines, from biology, philosophy and the social sciences. (shrink)

Assuming that states can hold moral duties, it can easily be seen that states—just like any other moral agent—can sometimes fail to discharge those moral duties. In the context of climate change examples of states that do not meet their emission reduction targets abound. If individual moral agents do wrong they usually deserve and are liable to some kind of punishment. But how can states be punished for failing to comply with moral duties without therewith also punishing their citizens who (...) are not necessarily deserving of any punishment? (shrink)

Brussen, Kerri Anne Ethically compromised vaccines are vaccines where the virus used in the manufacture of the vaccine has been cultured in a cell line developed from tissue grown from an aborted foetus. In Australia, an ethically compromised vaccine is the only vaccine available for Chicken pox (varicella), shingles (zoster), Hepatitis A, and Rubella (which is part of the MMR - measles, mumps, rubella - vaccine). The poliovirus vaccine component of Quadracel, available in Western Australia, is ethically compromised. However, (...) the poliovirus component of Infanrix-IPV is not ethically compromised and is used in all other Australian States and Territories. The rabies vaccine, Rabipur, is not ethically compromised and is the preferred option to Merieux Inactivated Rabies Vaccine (MIRV) which is an ethically compromised vaccine. This article lists the ethically compromised vaccines available in the various Australian States and Territories, and explains why they are ethically compromised. It also explains when and why vaccination should still be accepted even when the only available vaccine is ethically compromised. (shrink)

The purpose of this study was to identify and describe published research articles that were named in official findings of scientific misconduct and to investigate compliance with the administrative actions contained in these reports for corrections and retractions, as represented in PubMed. Between 1993 and 2001, 102 articles were named in either the NIH Guide for Grants and Contracts (“Findings of Scientific Misconduct”) or the U.S. Office of Research Integrity annual reports as needing retraction or correction. In 2002, 98 of (...) the 102 articles were indexed in PubMed. Eighty-five of these 98 articles had indexed corrections: 47 were retracted; 26 had an erratum; 12 had a correction described in the “comment” field. Thirteen had no correction, but 10 were linked to the NIH Guide “Findings of Scientific Misconduct”, leaving only 3 articles with no indication of any sort of problem. As of May 2005, there were 5,393 citations to the 102 articles, with a median of 26 citations per article (range 0–592). Researchers should be alert to “Comments” linked to the NIH Guide as these are open access, and the “Findings of Scientific Misconduct’ reports are often more informative than the statements about the retraction or correction found in the journals. (shrink)

Theurgy, the religious magic practised by the later Neoplatonists, has been commonly regarded as the point at which Neoplatonism degenerates into magic, superstition and irrationalism.1 A superficial glance at the ancient lives of the Neoplatonists, and in particular at Eunapius’ Lives of the Sophists, reveals a group of people interested in animating statues, favoured with visions of gods and demons, and skilled in rain-making. But when we look more closely at the works of the Neoplatonists themselves, rather than the stories (...) biographers tell about them, we find a considerable diversity of attitudes towards theurgy and a number of attempts to fit theurgy into their philosophical system. (shrink)

This article seeks to identify and address the normative void that resides at the heart of postmodernist-feminist theory, and to propose a philosophical framework – beyond postmodernism, but incorporating its central insights – for thinking through the normative questions with which feminists are inevitably confronted in their engagements with positive law. Two varieties of postmodernist-feminism are identified and critically analysed: the ‘corporeal feminism’ of Elizabeth Grosz and Judith Butler, which seeks to ground feminist critical practice in the irruptive capacities of (...) the material body considered as an arte fact of social construction; and the deconstructionist feminism of Drucilla Cornell, for whom ‘the feminine’ is an indeterminate but disruptive force beyond its construction in law and in other social sites. The first component of the argument elaborated here is that each of these approaches ultimately reduces to a form of aestheticism which is incapable of generating a worthwhile and workable feminist approach to the restructuring of politics and law. The second component of the argument involves a return to aesthetics, in particular to the philosophical aesthetics of Kant’s Critique of Judgement. Kant’s aesthetic philosophy, it will be suggested, yields a framework of concepts which, duly re-manipulated, could speak to the very concerns that have inspired postmodernist-feminism: how to attend to (bodily) particularity while avoiding the dangers associated with ‘essentialism’; and how to theorise the propensity of the unrepresentable power of the feminine to exceed both embodied human capacities and the confining rein of socially privileged rationalities. Crucially, however it also responds to a set of preoccupations – those of the feminist lawyer – that cannot be accommodated by postmodernism: how to translate embodied experience into (legal) norms; generalise from the particular; seek consensus; and codify an endless potentiality in the form of law. (shrink)