In Law’s Empire, Ronald Dworkin argues that the choice between conflicting interpretations of law is, and should be, influenced by the aspiration to “integrity,” that is, the construction of law as a coherent whole, as though it were the product of a single author. I argue that, particularly under conditions where opinion on relevant issues is significantly divided, the search for a single coherent explanation of law may be seriously misleading. The idea of integrity is a principled basis for legal (...) interpretation only where there is an underlying unity, rather than an underlying plurality. Dworkin suggests that there is a basis for striving toward such unity, and for an obligation to obey the law, in our “associative” obligations to fellow members of our political community. I argue that such obligations, to the extent that they exist, are too weak to provide an adequate basis for a moral obligation to obey the law. (shrink)

Any sexual offer by a professor to a student is morally problematic. An explicit disclaimer about grading issues will not change the fact that the professor has power over the student’s grades, and no assurance that the student can offer can evade the communicative difficulties created by the power differential. It is possible that there will be a sufficient development of trust that these communication problems are superseded, but it is again extremely difficult to be sure that this is so. (...) Given this difficulty, the criterion for whether the sexual offer is permissible should be whether it is in fact misinterpreted, and the risk that it will be is entirely assumed by the offeror. Even if a fully voluntary sexual relationship is possible, duties to third parties make it improper to enter into such a relationship where the professor has power over a student’s grades or career prospects. (shrink)

Christopher Bennett has argued that state support of conjugal relationships can be founded on the unique contribution such relationships make to the autonomy of their participants by providing them with various forms of recognition and support unavailable elsewhere. I argue that, in part because a long history of interaction between two people who need each other’s validation tends to produce less meaningful responses over time, long-term conjugal relationships are unlikely to provide autonomy-enhancing support to their participants. To the extent that (...) intimate relationships can provide a unique form of reciprocal support, Bennett fails to show that couples have an advantage over multiple-partner arrangements in doing so. (shrink)

This book's thirty essays explore philosophically the nature and morality of sexual perversion, cybersex, masturbation, homosexuality, contraception, same-sex marriage, promiscuity, pedophilia, date rape, sexual objectification, teacher-student relationships, pornography, and prostitution. Authors include Martha Nussbaum, Thomas Nagel, Alan Goldman, John Finnis, Sallie Tisdale, Robin West, Alan Wertheimer, John Corvino, Cheshire Calhoun, Jerome Neu, and Alan Soble, among others. A valuable resource for sex researchers as well as undergraduate courses in the philosophy of sex.

When people speak, their words never fully encode what they mean, and the context is always compatible with a variety of interpretations. How can comprehension ever be achieved? Wilson and Sperber argue that comprehension is an inference process guided by precise expectations of relevance. What are the relations between the linguistically encoded meanings studied in semantics and the thoughts that humans are capable of entertaining and conveying? How should we analyse literal meaning, approximations, metaphors and ironies? Is the ability to (...) understand speakers' meanings rooted in a more general human ability to understand other minds? How do these abilities interact in evolution and in cognitive development? MEANING AND RELEVANCE sets out to answer these and other questions, enriching and updating relevance theory and exploring its implications for linguistics, philosophy, cognitive science and literary studies. (shrink)

This paper questions the widespread view that verbal communication is governed by a maxim, norm or convention of truthfulness which applies at the level of what is literally meant, or what is said. Pragmatic frameworks based on this view must explain the frequent occurrence and acceptability of loose and figurative uses of language. We argue against existing explanations of these phenomena and provide an alternative account, based on the assumption that verbal communication is governed not by expectations of truthfulness but (...) by expectations of relevance, raised by literal, loose and figurative uses alike. Sample analyses are provided, and some consequences of this alternative account are explored. In particular, we argue that the notions of ‘literal meaning’ and ‘what is said’ play no useful theoretical role in the study of language use, and that the nature of explicit communication will have to be rethought. (shrink)

The interpretation of metaphorical utterances often results in the attribution of emergent properties, which are neither standardly associated with the individual constituents in isolation nor derivable by standard rules of semantic composition. An adequate pragmatic account of metaphor interpretation must explain how these properties are derived. Using the framework of relevance theory, we propose a wholly inferential account, and argue that the derivation of emergent properties involves no special interpretive mechanisms not required for the interpretation of ordinary, literal utterances.

Is economics a science? Deidre McCloskey says 'Yes, but'. Yes, economics measures and predicts, but - like other sciences - it uses literary methods too. Economists use stories as geologists do, and metaphors as physicists do. The result is that the sciences, economics among them, must be read as 'rhetoric', in the sense of writing with intent. McCloskey's books, The Rhetoric of Economics and If You're So Smart, have been widely discussed. In Knowledge and Persuasion in Economics he converses with (...) his critics, suggesting that they too can gain from knowing their rhetoric. The humanistic and mathematical approaches to economics, says McCloskey, fit together in a new 'interpretive' economics. Along the way he places economics within the sciences, examines the role of mathematics in the field, replies to critics from the left, right and centre, and shows how economics can again take a leading place in the conversation of humankind. (shrink)

For a century and a half, the artists and intellectuals of Europe have scorned the bourgeoisie. And for a millennium and a half, the philosophers and theologians of Europe have scorned the marketplace. The bourgeois life, capitalism, Mencken’s “booboisie” and David Brooks’s “bobos”—all have been, and still are, framed as being responsible for everything from financial to moral poverty, world wars, and spiritual desuetude. Countering these centuries of assumptions and unexamined thinking is Deirdre McCloskey’s _The Bourgeois Virtues_, a magnum (...) opus that offers a radical view: capitalism is good for us. McCloskey’s sweeping, charming, and even humorous survey of ethical thought and economic realities—from Plato to Barbara Ehrenreich—overturns every assumption we have about being bourgeois. Can you be virtuous and bourgeois? Do markets improve ethics? Has capitalism made us better as well as richer? Yes, yes, and yes, argues McCloskey, who takes on centuries of capitalism’s critics with her erudition and sheer scope of knowledge. Applying a new tradition of “virtue ethics” to our lives in modern economies, she affirms American capitalism without ignoring its faults and celebrates the bourgeois lives we actually live, without supposing that they must be lives without ethical foundations. _High Noon_, Kant, Bill Murray, the modern novel, van Gogh, and of course economics and the economy all come into play in a book that can only be described as a monumental project and a life’s work. _The Bourgeois Virtues _is nothing less than a dazzling reinterpretation of Western intellectual history, a dead-serious reply to the critics of capitalism—and a surprising page-turner. (shrink)

The interpretation of metaphorical utterances often results in the attribution of emergent properties; these are properties which are neither standardly associated with the individual constituents of the utterance in isolation nor derivable by standard rules of semantic composition. For example, an utterance of ‘Robert is a bulldozer’ may be understood as attributing to Robert such properties as single-mindedness, insistence on having things done in his way, and insensitivity to the opinions/feelings of others, although none of these is included in the (...) encyclopaedic information associated with bulldozers . An adequate pragmatic account of metaphor interpretation must provide an explanation of the processes through which emergent properties are derived. In this paper, we attempt to develop an explicit account of the derivation process couched within the framework of relevance theory. The key features of our account are: metaphorical language use is taken to lie on a continuum with other cases of loose use, including hyperbole; metaphor interpretation is a wholly inferential process, which does not require associative mappings from one domain to another ; the derivation of emergent properties involves no special interpretive mechanisms not required for the interpretation of ordinary, literal utterances. (shrink)

Our book Relevance (Sperber and Wilson 1986) treats utterance interpretation as a two-phase process: a modular decoding phase is seen as providing input to a central inferential phase in which a linguistically encoded logical form is contextually enriched and used to construct a hypothesis about the speaker's informative intention. Relevance was mainly concerned with the inferential phase of comprehension: we had to answer Fodor's challenge that while decoding processes are quite well understood, inferential processes are not only not understood, but (...) perhaps not even understandable (see Fodor 1983). Here we will look more closely at the decoding phase and consider what types of information may be linguistically encoded, and how the borderline between decoding and inference can be drawn. It might be that all linguistically encoded information is cut to a single pattern: all truth conditions, say, or all instructions for use. However, there is a robust intuition that two basic types of meaning can be found. This intuition surfaces in a variety of distinctions: between describing and indicating, stating and showing, saying and conventionally implicating, or between truth-conditional and non-truth-conditional, conceptual and procedural, or representational and computational meaning. In the literature, justifications for these distinctions have been developed in both strictly linguistic and more broadly cognitive terms. The linguistic justification goes as follows (see for example Recanati 1987). Utterances express propositions; propositions have truth conditions; but the meaning of an utterance is not exhausted by its truth conditions, i.e. the truth conditions of the proposition expressed. An utterance not only expresses a proposition but is used to perform a variety of speech acts. It can.. (shrink)

How are non-declarative sentences understood? How do they differ semantically from their declarative counterparts? Answers to these questions once made direct appeal to the notion of illocutionary force. When they proved unsatisfactory, the fault was diagnosed as a failure to distinguish properly between mood and force. For some years now, efforts have been under way to develop a satisfactory account of the semantics of mood. In this paper, we consider the current achievements and future prospects of the mood-based semantic programme.

The purpose of this article is to examine whether patient/client autonomy is always compatible with the nurse’s role of advocacy. The author looks separately at the concepts of autonomy and advocacy, and considers them in relation to the reality of clinical practice from professional, ethical and legal perspectives. Considerable ambiguity is found regarding the legitimacy of claims of a unique function for nurses to act as patient advocates. To act as an advocate may put nurses at personal and professional risk. (...) It may also be deemed arrogant and insulting to other health care professionals. Patient autonomy can be seen as a subcategory of the right of every individual to self-determination, and as such is protected by law. However, it is questionable whether the traditionally paternalistic approach to health care provision truly respects the autonomous rights of each patient. The author considers examples and cases from the literature that resulted in professional and/or personal difficulties for the nurses involved, and also reflects on an incident from her own practice where a positive outcome was achieved that demonstrated compatibility between the concepts under consideration. (shrink)

Written by one of Ireland's leading medical law academics, this practical book comprehensively covers case law and regulations regarding the healthcare system, the law relating to human reproduction, and the key issues of consent and treatment. Designed to be used by lawyers and healthcare professionals, Medicine, Ethics and the Law in Ireland provides an invaluable reference tool for anybody who requires accurate information and guidance on this area of Irish law. This new edition includes: Medical research and clinical trials; Organ (...) donation and transportation; Patient safety and QA; and Biobanking. (shrink)

The vast majority of studies of Hannah Arendt's thought are concerned with her as a political theorist. This book offers a contribution to rectifying this imbalance by providing a critical engagement with Arendtian ethics. Arendt asserts that the crimes of the Holocaust revealed a shift in ethics and the need for new responses to a new kind of evil. In this new treatment of her work, Arendt's best-known ethical concepts - the notion of the banality of evil and the link (...) she posits between thoughtlessness and evil, both inspired by her study of Adolf Eichmann - are disassembled and appraised. The concept of the banality of evil captures something tangible about modern evil, yet requires further evaluation in order to assess its implications for understanding contemporary evil, and what it means for traditional, moral philosophical issues such as responsibility, blame and punishment. In addition, this account of Arendt's ethics reveals two strands of her thought not previously considered: her idea that the condition of `living with oneself' can represent a barrier to evil and her account of the `nonparticipants' who refused to be complicit in the crimes of the Nazi period and their defining moral features. This exploration draws out the most salient aspects of Hannah Arendt's ethics, provides a critical review of the more philosophically problematic elements, and places Arendt's work in this area in a broader moral philosophy context, examining the issues in moral philosophy which are raised in her work such as the relevance of intention for moral responsibility and of thinking for good moral conduct, and questions of character, integrity and moral incapacity. (shrink)

The reply to five reviews of Bourgeois equality in a symposium in EJPE observes that all the reviewers admit the great force of ideas in causing the Great Enrichment. Materialism is dead. Liberalism reigns.

This book brings together the work of eleven leading international scholars to map the contribution of teaching Sisters, who provided schooling to hundreds of thousands of children, globally, from 1800 to 1950. The volume represents research that draws on several theoretical approaches and methodologies. It engages with feminist discourses, social history, oral history, visual culture, post-colonial studies and the concept of transnationalism, to provide new insights into the work of Sisters in education. Making a unique contribution to the field, chapters (...) offer an interrogation of historical sources as well as fresh interpretations of findings, challenging assumptions. Compelling narratives from the USA, Canada, New Zealand, Africa, Australia, South East Asia, France, the UK, Italy and Ireland contribute to what is a most important exploration of the contribution of the women religious by mapping and contextualizing their work. _Education, Identity and Women Religious, 1800–1950: Convents, classrooms and colleges_ will appeal to academics, researchers and postgraduate students in the fields of social history, women’s history, the history of education, Catholic education, gender studies and international education. (shrink)

The big economic story of our times is not the Great Recession. It is how China and India began to embrace neoliberal ideas of economics and attributed a sense of dignity and liberty to the bourgeoisie they had denied for so long. The result was an explosion in economic growth and proof that economic change depends less on foreign trade, investment, or material causes, and a whole lot more on ideas and what people believe. Or so says Deirdre N. (...) McCloskey in _Bourgeois Dignity_, a fiercely contrarian history that wages a similar argument about economics in the West. Here she turns her attention to seventeenth- and eighteenth-century Europe to reconsider the birth of the industrial revolution and the rise of capitalism. According to McCloskey, our modern world was not the product of new markets and innovations, but rather the result of shifting opinions about them. During this time, talk of private property, commerce, and even the bourgeoisie itself radically altered, becoming far more approving and flying in the face of prejudices several millennia old. The wealth of nations, then, didn’t grow so dramatically because of economic factors: it grew because rhetoric about markets and free enterprise finally became enthusiastic and encouraging of their inherent dignity. An utterly fascinating sequel to her critically acclaimed book _The Bourgeois Virtues, Bourgeois Dignity_ is a feast of intellectual riches from one of our most spirited and ambitious historians—a work that will forever change our understanding of how the power of persuasion shapes our economic lives. (shrink)

The purpose of this paper is to study an analogue of Hilbert's seventeenth problem for functions over a valued field which are integral definite on some definable set; that is, that map the given set into the valuation ring. We use model theory to exhibit a uniform method, on various theories of valued fields, for deriving an algebraic characterization of such functions. As part of this method we refine the concept of a function being integral at a point, and make (...) it dependent on the relevant class of valued fields. We apply our framework to algebraically closed valued fields, model complete theories of difference and differential valued fields, and real closed valued fields. (shrink)

Discusses the controversial issue of animal rights and animal cruelty.

Survival after solid-organ transplantation has improved significantly, and many contemporary transplant recipients are of childbearing potential. There are limited data to guide decision-making surrounding pregnancy after transplantation, variations in clinical practice, and significant knowledge gaps, all of which raise significant ethical issues. Post-transplant pregnancy is associated with an increased risk of maternal and fetal complications. Shared decision-making is a central aspect of patient counselling but is complicated by significant knowledge gaps. Stakeholder interests can be in conflict; exploring these tensions can (...) help patients to evaluate their options and inform their deliberations. We argue that uniform, evidence-based recommendations for pregnancy after solid organ transplantation are needed. Conducting research, including patient-engaged studies, in this area should be priority for the transplant community. (shrink)

In Beyond Positivism, Behaviorism, and Neoinstitutionalism in Economics, Deirdre Nansen McCloskey zeroes in on the authoritarian cast of recent economics, arguing for a re-focusing on the liberated human. The behaviorist positivism fashionable in the field since the 1930s treats people from the outside. It yielded in Williamson and North a manipulative neoinstitutionalism. McCloskey argues that institutions as causes are mainly temporary and intermediate, not ultimate. They are human-made, depending on words, myth, ethics, ideology, history, identity, professionalism, gossip, movies, what (...) your mother taught you. Humans create conversations as they go, in the economy as in the rest of life. In engaging and erudite prose, McCloskey exhibits in detail the scientific failures of neoinstitutionalism. She proposes a "humanomics," an economics with the humans left in. Humanomics keeps theory, quantification, experiment, mathematics, econometrics, though insisting on more true rigor than is usual. It adds what can be learned about the economy from history, philosophy, literature, and all the sciences of humans. McCloskey reaffirms the durability of "market-tested innovation" against the imagined imperfections to be corrected by a perfect government. With her trademark zeal and incisive wit, she rebuilds the foundations of economics. (shrink)