In Re JB, a local authority, concerned with the risk the respondent posed to vulnerable women, successfully appealed against an order made in the Court of Protection that declared JB, an autistic man with impaired cognition, possessed capacity to consent to sexual relations. In this recent decision, the Court of Appeal has arguably reset the last 15 years of jurisprudence concerning P’s capacity to make decisions in regard to sexual relations. Previous case law focused on P’s ability to consent to (...) such relations, and whether P understood the information relevant to that decision. Notwithstanding the abundance of legal authority, including the recent appellate judgments of Hayden J in London Borough of Tower Hamlets v NB and AU [2019] EWCOP 27. and B v A Local Authority [2019] EWCA Civ 913. there was a lacuna in the existing law in relation to what information was relevant for the purposes of assessing the issue of capacity to consent to sexual relations. Judges have traditionally adopted a protectionist stance in understanding “the information relevant to the decision” under s3 of the Mental Capacity Act 2005, with an emphasis on whether P understood the risks of pregnancy and sexually transmitted diseases. However, the Court of Appeal in Re JB has broadened its interpretation of ‘relevant’ information to also include the ability to understand the importance of a partner’s consent to such relations. This is a welcome change to previous courts’ interpretations of the ‘nature’ of the sexual act, moving from an approach focused on the physical sexual mechanics to one which views the nature of sex as a mutually consensual engagement. However, a fundamental shift in how we view such cases is likely to have far-reaching consequences, particularly for local authorities and professionals seeking guidance in relation to their care planning. (shrink)

I have written a number of articles recently that have a rather remarkable character. They all point out trivial grammatical facts that, at great cost, have not been respected in twentieth century Logic. A major continuous strand in my previous work, with this same character, I will first summarise, to locate the kind of fact that is involved. But then I shall present an overview of the more recent, and more varied points I have made, which demonstrate the far larger (...) extent of basic grammar that has been overlooked or suppressed. I end with some remarks about how this phenomenon can have arisen – principally through logicians not being attentive enough to their own language, and occupying themselves, instead, with often quite imaginary languages. (shrink)

Imperatives cannot be true, but they can be obeyed or binding: `Surrender!' is obeyed if you surrender and is binding if you have a reason to surrender. A pure declarative argument — whose premisses and conclusion are declaratives — is valid exactly if, necessarily, its conclusion is true if the conjunction of its premisses is true; similarly, I suggest, a pure imperative argument — whose premisses and conclusion are imperatives — is obedience-valid (alternatively: bindingness-valid) exactly if, necessarily, its conclusion is (...) obeyed (alternatively: binding) if the conjunction of its premisses is. I argue that there are two kinds of bindingness, and that a vacillation between two corresponding variants of bindingness-validity largely explains conflicting intuitions concerning the validity of some pure imperative arguments. I prove that for each of those two variants of bindingness-validity there is an equivalent variant of obedience-validity. Finally, I address alternative accounts of pure imperative inference. (shrink)

We give an account of some relationships between the principles of Constant and Atom Exchangeability and various generalizations of the Principle of Instantial Relevance within the framework of Inductive Logic. In particular we demonstrate some surprising and somewhat counterintuitive dependencies of these relationships on ostensibly unimportant parameters, such as the number of predicates in the overlying language.

Brian Wormald provides a fundamental reappraisal of one of the most complex and innovative figures of the late-Elizabethan and Jacobean age. In the centuries since his death, Francis Bacon (1561-1626) has been perceived and studied as a promoter and prophet of the philosophy of science--natural science--but he saw himself also as a clarifier and promoter of what he called "policy" or the study and improvement of the structure and function of civil states. Mr. Wormald shows that Bacon was concerned equally (...) with the knowledge of the world of nature and with that of policy. The junction between the two enterprises was effected by his work in history; and in the end it was Bacon's conception and practice of history that provided the answer to his efforts to advance policy and natural philosophy. (shrink)

Book reviewed in this article:F.H. Bradley, Collected Works Volumes 1–5.

Global human population expansion is rooted in a remarkably successful evolutionary innovation. The neolithic transformation of the natural world gave rise to a symbiosis between humans and their domesticated plant and animal partners that will expand from a current 20 per cent to 60 percent of terrestrial biomass by the middle of the coming century. Such an increase must necessarily be accompanied by a concomitant decrease in wildlife biomass. We suggest that current trends in population growth are unlikely to abate (...) for three reasons: first, there are intrinsic biological pressures to reproduce regardless of social engineering; second, the character of the domestic alliance makes it a formidable competitor to wildlife; and third, the timeframe before population doubling is, from a biological perspective, virtually instantaneous. This paper draws from a wide body of research in the biological and social sciences. We neither condone nor endorse this picture of inexorable population increase. Rather, we appeal for a change in the nature of the discussion of population among environmentalists, to focus on the question of how best to manage what wildlife will be left on the margins of a domesticated world. (shrink)

“Losing Thomas & Ella” presents a research comic about one father’s perinatal loss of twins. The comic recounts Paul’s experience of the hospital and the babies’ deaths, and it details the complex grieving process afterward, including themes of anger, distance, relationship stress, self-blame, religious challenges, and resignation. A methodological appendix explains the process of constructing the comic and provides a rationale for the use of comics-based research for illness, death, and grief among practitioners, policy makers, and the bereaved.

Nicolai Hartmann, in an interesting discussion of Aristotle’s account of moral virtue, has called attention to the difference between the contrariety of opposed vices and the contrast of certain virtues. The äκρa or extremes, somewhere between which Aristotle thought that any morally virtuous disposition must lie, are not conciliable. The same man cannot combine or reconcile, in the same action, cowardice and bravery, intemperance and insensibility, stinginess and thriftlessness, passion and lack of spirit. These are pairs of contraries, between which (...) a virtue lies; but the virtue is not a synthesis of the extremes in a pair. (shrink)

This paper owes its inspiration to a remark made by Professor M. Rostovtzeff; in a note in his Social and Economic History of the Roman Empire on the widespread social unrest of the first two centuries A.D., having cited other literary authorities such as Dio Chrysostom, Aelius Aristides, etc., he writes: ‘The social problem as such, the cleavage between the poor and the rich, occupies a prominent place in the dialogues of Lucian; he was fully aware of the importance of (...) the problem.’ No one, as far as I know, has attempted to collect and discuss the main passages in Lucian on this topic, and the latest writer on this aspect of Lucian reaches a conclusion quite opposed to Rostovtzeff and one which I believe to be wholly misleading. The aim of this paper is to collect and discuss the main references in Lucian to the social problem interpreting them in the light of Lucian's life and background, and the social and economic conditions of his age. In particular I shall stress the importance of the Cynic tradition as it bears on Lucian's attitude, but shall endeavour to show that this tradition is firmly rooted in practical politics and actual participation in social revolutionary movements and goes far beyond the repetition of mere ethical cliches generally ascribed to it. (shrink)

From what has been argued, it should now be apparent how Heidegger's philosophy of the affect, its ontological disclosures and its relation to authenticity might be enlarged to meet certain marxist challenges. The most valuable instruction to be gained from these citicisms, I think, is that which Lukacs offers in the example of Szilasi's intuition of co-presence. Traditional phenomenology needs to enrich its investigations into the social and historical reality of situation. Kosik's point that Heideggerian authenticity lacks the crucial third (...) step (revolutionary change of society) is also profound but again, not incompatiblein se with Heidegger's concept. Alternatively, one might as easily say that Critical Marxism or any Marxist Humanism can still be enriched by certain Heideggerian insights. (shrink)