Critical counter-conducts -- Who is the subject of (Foucault's human) rights? -- The ambivalence of rights -- Rights between tactics and strategy.

This article argues against the long-enduring practice of Josephan scholarship to treat the termsτύραννος(‘tyrant’) andλῃστής(‘brigand’) as a collocation, or as undistinguished terms of invective employed by Josephus against various Jewish antagonists in hisBellum Judaicum(=BJ). Towards this aim, the article first examines the frequency in which these two terms appear together throughout the text of theBJ, before turning to a critical examination of particular passages that feature the terms, in order to prove that they are, in fact, not used as undistinguished (...) terms of invective but as terms pertaining to two distinct classes of people: renegade aristocrats vying with their peers for absolute power (the ‘tyrants’) and their gangs of foot soldiers comprising men from the lower classes (the ‘brigands’). The article concludes that Josephus used these terms in this manner in order to convey to his readership, which largely consisted of Roman aristocrats, that the ringleaders of the Judaean revolt which raged betweena.d.66–73 were akin to renegades who periodically wreaked havoc on Rome's own aristocracy, often with devastating consequences for class and country alike. (shrink)

The formation and evolution of multiculturalism and hybridization belong today to the leading research priorities of social sciences. These developments assumedly forward a kind of new or next society features of which seemingly emerge and may be captured in processes taking place in given partial structures. We think especially of subsystems that, at the origin, concretized utopic orientations that were abandoned over time to leave room to new ambitions. One such subsystem consists of the kibbutz that was for long viewed (...) as one of the most successful utopia that was both rigorous and performing, and which illustrates today an appropriate example of next-society emergence. The general validity of this assumption resides in this setting’s multigenerational survival through far reaching structural, cultural and ideological changes. A model of communitarian collectivity at its start that now is best defined by the oxymoron of “individualistic community”. (shrink)

Stel dat een inbreker bij jou thuis alleen de lijsten van de kunstwerken zou wegnemen, en niet de werken zelf. Wat zou er veranderen in je omgang met de kunst? Met dat gedachte-experiment opent de Franse filosoof Jacques Derrida het essay Parergon. Parergon betekent bijzaak in het Grieks. Zoals bijvoorbeeld de lijst van het schilderij, of het kader van een opgehangen foto. Ze behoren niet tot het kunstwerk. En toch zijn ze van groot belang voor hoe het werk bekeken wordt. (...) De belangwekkende tekst van Derrida uit 1974 geeft een centrale rol aan de bijzaak van het kader. Met filosofische acrobatie maneuvreert de denker tussen de grote klassiekers van de kunstfilosofie: Plato, Kant, Hegel en Heidegger. Hij gaat op een speelse manier met hun erfenis om. Woorden worden omgedraaid. Passages die op het eerste gezicht bijzaak lijken, maakt hij tot hoofdrolspelers van zijn betoog. Dit boek presenteert Derridas belangrijkste tekst over beeldende kunst voor de eerste keer in Nederlandse vertaling. Het boek is vormgegeven door de spraakmakende ontwerpster Ines Cox. Vertaler Ben Overlaet schreef een nawoord dat de tekst van de nodige filosofische en historische context voorziet. (shrink)

Background Voluntary assisted dying became lawful in Victoria, the first Australian state to permit this practice, in 2019 via the Voluntary Assisted Dying Act 2017 (Vic). While conscientious objection by individual health professionals is protected by the Victorian legislation, objections by institutions are governed by policy. No research has been conducted in Victoria, and very little research conducted internationally, on how institutional objection is experienced by patients seeking assisted dying. Methods 28 semi-structured interviews were conducted with 32 family caregivers and (...) one patient about the experience of 28 patients who sought assisted dying. Participants were interviewed during August-November 2021. Data from the 17 interviews (all with family caregivers) which reported institutional objection were analysed thematically. Results Participants reported institutional objection affecting eligibility assessments, medication access, and taking the medication or having it administered. Institutional objection occurred across health settings and was sometimes communicated obliquely. These objections resulted in delays, transfers, and choices between progressing an assisted dying application and receiving palliative or other care. Participants also reported objections causing adverse emotional experiences and distrust of objecting institutions. Six mediating influences on institutional objections were identified: staff views within objecting institutions; support of external medical practitioners and pharmacists providing assisted dying services; nature of a patient’s illness; progression or state of a patient’s illness; patient’s geographical location; and the capability and assertiveness of a patient and/or caregiver. Conclusions Institutional objection to assisted dying is much-debated yet empirically understudied. This research found that in Victoria, objections were regularly reported by participants and adversely affected access to assisted dying and the wider end-of-life experience for patients and caregivers. This barrier arises in an assisted dying system that is already procedurally challenging, particularly given the limited window patients have to apply. Better regulation may be needed as Victoria’s existing policy approach appears to preference institutional positions over patient’s choice given existing power dynamics. (shrink)

Ben-Yami presents Wittgenstein’s explicit criticism of the Platonic identification of an explanation with a definition and the alternative forms of explanation he employed. He then discusses a few predecessors of Wittgenstein’s criticisms and the Fregean background against which he wrote. Next, the idea of family resemblance is introduced, and objections answered. Wittgenstein’s endorsement of vagueness and the indeterminacy of sense are presented, as well as the open texture of concepts. Common misunderstandings are addressed along the way. Wittgenstein’s ideas, as is (...) then shown, have far-reaching implications for knowledge of meaning and the nature of logic, and with them to the nature of the philosophical project and its possible achievements. (shrink)

This chapter contains sections titled: Property‐Owning Democracy Before Socialism: The Rise of Commercial Republicanism Property‐Owning Democracy at the Socialist High Tide (i): Progressive Conservative Origins Property‐Owning Democracy at the Socialist High Tide (ii): Liberals and Labour Revisionists Property‐Owning Democracy at the Socialist High Tide (iii): James Meade Property‐Owning Democracy After Socialism? Rawlsian and Neoliberal Lineages References.

This article discusses approaches to the problem of the number of preference orderings that can be constructed from a given set of alternatives. After briefly reviewing the prevalent approach to this problem, which involves determining a partitioning of the alternatives and then a permutation of the partitions, this article explains a recursive approach and shows it to have certain advantages over the partitioning one.

A number of authors criticise opt-out (or ‘deemed consent’) systems for failing to secure valid consent to organ donation. Further, several suggest that mandated choice offers a more ethical alternative. This article responds to criticisms that opt-out does not secure informed consent. If we assume current (low) levels of public awareness, then the explicit consent secured under mandated choice will not be informed either. Conversely, a mandated choice policy might be justifiable if accompanied by a significant public education campaign. However, (...) if this entitles us to assume that members of the public are informed, then an opt-out system would also be justified in the same circumstances. The alleged advantages of mandated choice seem to rest on an unfair comparison, between mandated choice with a public education campaign and an opt-out system without one. While it may be that some countries with opt-out systems should do more to inform their publics, I see no reason to assume that this cannot be done. Indeed, advocates of mandated choice seem committed to thinking it possible to raise awareness. If opt-out systems adopt the same methods, such as writing to every individual, this should also address concerns about whether consent is informed. (shrink)

The same person can make different moral judgments about the same activity in their professional role and in their personal life. For example, people may follow a different moral code when making purchases at work compared with in their private lives. This potential difference has largely remained unexamined. This study explores differences in felt moral responsibility in workplace and private purchasing settings, regarding the impacts of purchasing decisions on supply chain workers, and explores the influence of personal values and ethical (...) work climate. The case of a high-profile university in the United Kingdom is studied, which has made strong commitments to socially responsible public procurement. Based on a survey of 318 university staff who make purchases at work, stronger moral values related to harm/care are associated with higher felt responsibility in personal purchasing than in workplace purchasing, whereas less strong harm/care values are associated with higher felt responsibility in workplace purchasing than personal purchasing. In relation to ethical work climate, detailed awareness of organizational ethical procurement commitments is found to be associated with higher felt responsibility in workplace purchasing and is also found to increase the discrepancy between workplace and personal felt responsibility, increasing felt responsibility in the workplace but not in personal purchasing. These findings demonstrate the influence of individual and contextual factors on felt responsibility across different roles. Recommendations are made for further empirical research on felt responsibility across roles and additional internal communication on social responsibility for devolved public procurement contexts. (shrink)

Opponents of legalised assisted dying often assert that palliative care is worse in countries where assisted dying has been legalised, and imply that legalised assisted dying makes palliative care worse. This study considers five versions of this claim: that it is difficulty to access expert palliative care in countries where assisted dying has been legalised, that those countries rank low in their quality of end‐of‐life care; that legalising assisted dying doesn't expand patient choice in respect of palliative care; that growth (...) in palliative care services has stalled in countries where assisted dying has been legalised; and that legalised assisted dying impedes the growth of palliative care or causes it to decline. In each case, it concludes that neither argumentation nor evidence supports these claims. (shrink)

Moral Blackmail: Coercion, Responsibility, and Global Justice identifies a novel kind of forced action, yet one that is relatively neglected in ethics and moral philosophy. Moral blackmail occurs when someone is forced to do something because someone else has made all its alternatives morally unacceptable. Ben Colburn explores moral blackmail by first examining existing theories of coercion, responsibility, and voluntary action, and defending its existence from various sceptical metaethical arguments, before arguing that moral blackmail's significance is not limited to the (...) interpersonal: it is also endemic in the structures of distribution and decision-making at the largest scale. To show this, he considers two problems in intergenerational and international justice: the problem of 'passing the buck' in environmental and population policies in the former, and the problem of 'taking up the slack' in situations of partial compliance with the demands of the latter. Recognising these as instances of moral blackmail writ large offers novel solutions to these long-standing philosophical problems, as well as offering proof in use of the account Colburn proposes. Moral Blackmail will be of interest to those studying and researching political philosophy, ethical theory, applied ethics and politics. (shrink)

The map is not the territory - from ontology to epistemology in knowledge construction -- Dialectics: a mechanism of knowledge construction -- Reflectivity reconsidered -- Reflectivity and the researchers' perspective -- Reflectivity and the participants' perspective -- Ethical differences and similarities as sources of reflection and knowledge construction -- Research relations and power differentials: from resistance to collaboration and in-between -- Frames of reference and the control of knowledge -- Reciprocity: the nature and attributes of research relations and power -- (...) Epilogue: from dialectics to dialog across liminal spaces. (shrink)

From examinations of prehistoric burial to understanding post-industrial spaces and heritage practices, the writing of Gilles Deleuze and Felix Guattari is gaining increasing importance within archaeological thought. Their concept of 'assemblages' allows us to explore the past in new ways, by placing an emphasis on difference rather than similarity, on fluidity rather stasis and unpredictability rather than reproduceable models. Assemblage Thought and Archaeology applies the notion of assemblage to specific archaeological case studies, ranging from early urbanism in Mesopotamia to 19th (...) century military fortifications. It introduces the concept of assemblage within the context of the wider 'material turn' in the social sciences, examines its implications for studying materials and objects and urban settlements, and explores its consequences for the practice of archaeological research and heritage management. This innovative book will be of particular interest to postgraduate students of archaeological theory and researchers looking to understand this latest trend in archaeological thought, although the case studies will also have appeal to those whose work focusses on material culture, settlement archaeology and archaeological practice. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reply to Jiwei CiBen Cross (bio)I am very grateful to Jiwei Ci for his thoughtful and considerate response to my article. I think my understanding of Weber, legitimacy, political realism, and Ci's own work has benefited greatly as a result.I. What's the Problem with Performance Legitimacy?Ci and I both accept that legitimacy is best understood in terms of Weber's "descriptively de jure legitimacy." Put simply, we both think that (...) a state is legitimate if and only if a large enough number of its constituents think it is legitimate. According to this view, therefore, a source of legitimacy is any type of belief—or narrative, as many political realists tend to prefer—that constituents take to give them sufficient reason for regarding the state as legitimate.On the surface, understanding legitimacy in this way seems open to the possibility of a very wide variety of sources of legitimacy. All that matters is whether the source of legitimacy can persuade people to regard the state as legitimate. Weber's study of legitimacy focuses on three particular sources: [End Page 165] legal, traditional, and charismatic. However, as Ci (2024, pp. 149–150) rightly points out, Weber can allow for other sources of legitimacy as well, provided that they have the requisite persuasive power.1The question that Ci and I are interested in here is whether the state's good performance can be a viable source of legitimacy. In my view, it might be possible for a government to secure its legitimacy in this fashion if two conditions are met:(1). the state can reliably maintain good performance—or at least can reliably convince its constituents that it maintains good performance.(2). the state has a sufficiently large constituency of people who possess a shared interest that is served by good performance.I previously expressed doubts about whether the second condition can be reliably met (Cross 2024, pp. 139–143). Hence, I am somewhat skeptical about the possibility of performance legitimacy, but this skepticism does not stem from a categorical distinction between performance and legitimacy. Nor does this skepticism stem from doubts about the ability of any state to maintain good performance. Rather, it stems from doubts about whether the existence of a shared interest is a reliable basis for identifying the constituency of legitimacy.Ci, on the other hand, does think that good performance and legitimacy are categorically distinct, albeit interrelated. He holds that good performance can enhance an existing source of legitimacy. He also holds that it can offer some compensation for the absence of an existing source of legitimacy. However, he denies that good performance can ever count as a source of legitimacy in its own right. Furthermore, Ci's arguments for this claim, as I understand them, are not reducible to the further claim that it is unlikely that any state can reliably sustain the kind of unwaveringly good performance that reliably serves the shared interests of its constituency. That is, although he appears highly skeptical of the state's capacity to satisfy (1) and (2), this skepticism is not, strictly speaking, essential to his arguments.Our main disagreement, then, concerns the correct basis for skepticism about performance legitimacy. Although I think it would be fair to say that Ci's skepticism is stronger and more general than my own, this appears to stem from our different reasons for this skepticism. In what follows, I will try to briefly summarize Ci's objections to performance legitimacy and the extent of my disagreements with them.II. The Genealogical ArgumentI previously suggested that Ci's distinction between performance-enhancing legitimacy and performance that ameliorates a lack of legitimacy may be a distinction without a difference (Cross 2024, pp. 132–135). What reason do rulers have to prefer the former to the latter? [End Page 166]Ci's response helpfully clarifies what he takes to be at stake in this distinction. Legitimacy, he argues, is meant to provide a justification specifically for the state's monopoly of violence. As Ci rightly notes, I did not address the significance of this point. I did not distinguish between a justification for the state's monopoly of... (shrink)

This study addresses the conceptual affinities between F. W. J. Schelling and Félix RavaissonRavaisson-Mollien, Félix by focusing on the genesis of the link between nature and thought in their respective philosophies. To achieve this, it considers the role of diagrammatic representation in depicting this link—particularly in the figure of the spiral. I argue that, for Schelling, the spiral is a real pattern that suggests the polarity of the mental and the physical whereas, for RavaissonRavaisson-Mollien, Félix, it is a memory of (...) the condition of action and a condition of grace. I cash out this argument by considering not only Schelling’s philosophy of nature, where the spiral is manifest in the vortex of the First Outline of the System of the Philosophy of Nature, and RavaissonRavaisson-Mollien, Félix’s OfHabitHabit, but also RavaissonRavaisson-Mollien, Félix’s essays on fine art, Leonardo da Vinci and the serpentine line. (shrink)

El presente artículo versa sobre Abū Zakariyyāʾ Yaḥyà al-Balansī, un discípulo fervoroso y distinguido del conocido maestro sufí Ibn Sabʿīn de Ricote. Hay poca información sobre Yaḥyà, y quizás por ello ha pasado desapercibido. En el trabajo se recogen estos datos para darlo a conocer. Yaḥyà al-Balansī (o algún antepasado suyo cercano) habría nacido en Valencia. Estuvo en Alejandría en compañía del šayḫ Abū l-Ḥasan al-Šāḏilī, quizás a partir del año 642/1244. Regresó a al-Andalus y, después, habría viajado nuevamente hacia (...) el Magreb. En Bugía, se encontró con Ibn Sabʿīn, en fecha desconocida, aunque debió de haber sido hacia el año 648/1250. Desde entonces se hizo discípulo incondicional suyo. Habría acompañado a Ibn Sabʿīn, hasta establecerse en La Meca, después de pasar por Túnez y Egipto. También estuvo en Medina y en el Líbano. Se deduce que Yaḥyà era un sufí viajero, al igual que Abū l-Ḥasan al-Šuštarī. Yaḥyà falleció en el año 665/1267 y fue enterrado en al-Balyana, en el Alto Egipto. En este trabajo se presentan los fragmentos de las pocas obras que nos han llegado, y se busca confirmar su autoría de Kitāb al-Sulūk fī ṭarīq al-qawm, la única epístola suya que se conserva completa. Al final, se traducen los fragmentos tanto de al-Wirāṯa al-muḥammadiyya, y un fragmento recogido por Ibn al-Ṭawwāḥ, como de otro fragmento que aparece al final de una Risāla de Ibn Sabʿīn. Del estudio de este acopio de datos se llega a dos conclusiones de relevancia: 1. Aunque en el encabezado de Kitāb al-Sulūk, Yaḥyà se presenta como hijo de Ibn Sabʿīn, en este trabajo se va a demostrar que no lo era. 2. Se confirma su autoría de Kitāb al-Sulūk. (shrink)