In England, education reforms in 2014 and 2019 place more emphasis on inclusive policies and practices. How are school teachers meeting this new requirement for better inclusion of pupils with special educational needs and disability (SEND)? Do collaborative practices have a part to play? These questions are addressed within the research project Empowering Teachers for Inclusion in Schools (ETIS), which examines teachers’ views of inclusion and in-school practices across six countries. This article reports on field research carried out in England (...) in 2022, and the views of 16 educators working in mainstream or SEND schools in London and Sussex. Teachers’ voices are heard describing the challenges and successes of working collaboratively to better include diverse pupils in both mainstream and SEND settings. Findings point to the importance of knowledge-sharing within and between schools in the mainstream sector, where new responsibilities to include have been defined by the recent education reforms. Equally, capacity-building in mainstream schools could be developed in conversation with the SEND sector, wherein lies considerable expertise about adaptive pedagogies. (shrink)

The senses, or sensory modalities, constitute the different ways we have of perceiving the world, such as seeing, hearing , touching, tasting, and smelling. But what makes the senses different? How many senses are there? How many could there be? Wha t interaction takes place between the senses? This introduction is a guide to thinking about these questions.

Journal of Social Philosophy, EarlyView.

According to Brad Hooker's rule-consequentialism, as well as ordinary moral prohibitions against lying, stealing, killing, and harming others, the optimific code will include an over-riding “prevent disaster clause”. This paper explores two issues related to the disaster clause. The first issue is whether the disaster clause is vague—and whether this is a problem for rule-consequentialism. I argue that on Hooker's rule-consequentialism, there will be cases where it is indeterminate whether a given outcome counts as a disaster such that it is (...) permissible to infringe a given prohibition to avoid that outcome. I argue that it counts in favour of Hooker's rule-consequentialism that it makes this space for vagueness. The second issue is how to understand the disaster clause so that it does not make rule-consequentialism intolerably demanding—and more particularly whether avoiding over-demandingness requires the rule-consequentialist to place a counterintuitive limit on requirements to aid. I will argue that rule-consequentialism can avoid over-demandingness without placing a counterintuitive limit on requirements to aid. (shrink)

Fiona Woollard presents an original defence of the Doctrine of Doing and Allowing, according to which doing harm seems much harder to justify than merely allowing harm. She argues that the Doctrine is best understood as a principle that protects us from harmful imposition, and offers a moderate account of our obligations to offer aid to others.

Although the focus of "Globalizing Democracy and Human Rights" is practical, Gould does not shy away from hard theoretical questions, such as the relentless debate over cultural relativism, and the relationship between terrorism and democracy.

This powerfully iconoclastic book reconsiders the influential nativist position toward the mind. Nativists assert that some concepts, beliefs, or capacities are innate or inborn: "native" to the mind rather than acquired. Fiona Cowie argues that this view is mistaken, demonstrating that nativism is an unstable amalgam of two quite different--and probably inconsistent--theses about the mind. Unlike empiricists, who postulate domain-neutral learning strategies, nativists insist that some learning tasks require special kinds of skills, and that these skills are hard-wired into (...) our brains at birth. This "faculties hypothesis" finds its modern expression in the views of Noam Chomsky. Cowie, marshaling recent empirical evidence from developmental psychology, psycholinguistics, computer science, and linguistics, provides a crisp and timely critique of Chomsky's nativism and defends in its place a moderately nativist approach to language acquisition. Also in contrast to empiricists, who view the mind as simply another natural phenomenon susceptible of scientific explanation, nativists suspect that the mental is inelectably mysterious. Cowie addresses this second strand in nativist thought, taking on the view articulated by Jerry Fodor and other nativists that learning, particularly concept acquisition, is a fundamentally inexplicable process. Cowie challenges this explanatory pessimism, and argues convincingly that concept acquisition is psychologically explicable. What's Within? is a clear and provocative achievement in the study of the human mind. (shrink)

I offer a critical reconstruction of Kant's thesis that aesthetic judgement is founded on the principle of the purposiveness of nature. This has been taken as equivalent to the claim that aesthetics is directly linked to the systematicity of nature in its empirical laws. I take issue both with Henry Allison, who seeks to marginalize this claim, and with Avner Baz, who highlights it in order to argue that Kant's aesthetics are merely instrumental for his epistemology. My solution is that (...) aesthetic judgement operates as an exemplary presentation of our general ability to schematise an intuition with a concept at the empirical level. I suggest that this counts as an empirical schematism. Although aesthetic judgement is not based on empirical systematicity, it can nevertheless offer indirect support for the latter in so far as it is a particular revelation of purposiveness in general. (shrink)

Analytic moral philosophers have generally failed to engage in any substantial way with the cultural history of morality. This is a shame, because a genealogy of morals can help us accomplish two important tasks. First, a genealogy can form the basis of an epistemological project, one that seeks to establish the epistemic status of our beliefs or values. Second, a genealogy can provide us with functional understanding, since a history of our beliefs, values or institutions can reveal some inherent dynamic (...) or pattern which may be problematically obscured from our view. In this paper, I try to make good on these claims by offering a sketchy genealogy of emancipatory values, or values which call for the liberation of persons from systems of dominance and oppression. The real history of these values, I argue, is both epistemologically vindicatory and functionally enlightening. (shrink)

Which objects and properties are represented in perceptual experience, and how are we able to determine this? The papers in this collection address these questions together with other fundamental questions about the nature of perceptual content. The book draws together papers by leading international philosophers of mind, including Alex Byrne (MIT), Alva Noë (University of California, Berkeley), Tim Bayne (St Catherine’s College, Oxford), Michael Tye (University of Texas, Austin), Richard Price (All Souls College, Oxford) and Susanna Siegel (Harvard University) Essays (...) address the central questions surrounding the content of perceptual experience Investigates how are we able to determine the admissible contents of experience Published in association with the journal Philosophical Quarterly . (shrink)

Discussion of the ethics of driverless cars has often focused on supposed real-life versions of the famous trolley problem. In these cases, a driverless car is in a position where crashing is unavoidable and all possible crashes risk harm: for example, it can either continue on its current path and crash into five pedestrians or swerve and crash into one pedestrian. There are significant disanalogies between the human versions of the trolley problem and situations faced by driverless cars which affect (...) the application and moral significance of key deontological distinctions, such as the distinction between doing and allowing harm. The application and moral significance of the doing/allowing distinction in the context of the behaviour of driverless cars depend on (a) our conception of the behaviour of driverless cars; (b) the forms of driverless cars that are developed and used; (c) the background expectations of programmers/manufacturers/owners of driverless cars and the conditions of being able to put those cars on the roads. These are as yet unsettled – and may even be undetermined. Nonetheless, trolley problems may still be useful in thinking about the ethics of driverless cars. (shrink)

Many philosophers believe that God has been put to rest. Naturalism is the default position, and the naturalist can explain what needs to be explained without recourse to God. This book agrees that we should be naturalists, but it rejects the more prevalent scientific naturalism in favour of an 'expansive' naturalism inspired by David Wiggins and John McDowell. Fiona Ellis draws on a wide range of thinkers from theology and philosophy, and spans the gulf between analytic and continental philosophy. (...) She tackles various philosophical problems including the limits of nature and the status of value; some theological problems surrounding the natural/ supernatural relation, the Incarnation, and the concept of myth; and offers a model to comprehend the relation between philosophy and theology. (shrink)

What is the function of morality? On this question, something approaching a consensus has recently emerged. Impressed by developments in evolutionary theory, many philosophers now tell us that the function of morality is to reduce social tensions, and to thereby enable a society to efficiently promote the well-being of its members. In this paper, I subject this consensus to rigorous scrutiny, arguing that the functional hypothesis in question is not well supported. In particular, I attack the supposed evidential relation between (...) an evolutionary genealogy of morals and the functional hypothesis itself. I show that there are a great many functionally relevant discontinuities between our own culture and the culture within which morality allegedly emerged, and I argue that this seriously weakens the inference from morality’s evolutionary history to its present-day function. (shrink)

Cognitive dualism offers a defensible conception of theism, and Scruton is right to endorse it. However, he retains a commitment to the ontological dualism it is his purpose to reject, and this leads to a deep tension in his position which leaves him unable to make sense of there being a route to the Divine. I argue that this tension stems from a residual commitment to a Kantian framework, and that this framework is not mandatory. I propose an alternative model (...) which is compatible with much of what Scruton says, but which offers a more consistent and satisfactory theistic picture. (shrink)

This paper sketches a new approach to the critical-theoretic problem of reification understood as a normatively problematic form of naturalizing or dehistoricizing entifcation. Entifcation in general is approached phenomenologically in terms of the mythic outer horizonality of the lifeworld, and reification is shown to stem from the dichotomy between nature and history which, along with a corresponding dichotomy between myth and reason, is characteristic of Enlightenment rationality. Dereification necessitates overcoming these dichotomies, and this implies a critical embrace of myth and (...) mythopoesis in the sense of instituting more normatively appropriate lifeworld horizons. While classical Marxism and radical social theory have typically adhered to the standard model of Enlightenment thought, with the result that the critique of naturalization backfires by reinforcing the dichotomy between nature and history, Luxemburgian spontaneism, rethought through a phenomenology of embodied enaction, is shown to ofer a more viable way of understanding reification and its solution. (shrink)

The senses, or sensory modalities, constitute the different ways we have of perceiving the world, such as seeing, hearing, touching, tasting and smelling. But how many senses are there? How many could there be? What makes the senses different? What interaction takes place between the senses? This book is a guide to thinking about these questions. Together with an extensive introduction to the topic, the book contains the key classic papers on this subject together with nine newly commissioned essays.One reason (...) that these questions are important is that we are receiving a huge influx of new information from the sciences that challenges some traditional philosophical views about the senses. This information needs to be incorporated into our view of the senses and perception. Can we do this whilst retaining our pre-existing concepts of the senses and of perception or do we need to revise our concepts? If they need to be revised, then in what way should that be done? Research in diverse areas, such as the nature of human perception, varieties of non-human animal perception, the interaction between different sensory modalities, perceptual disorders, and possible treatments for them, calls into question the platitude that there are five senses, as well as the pre-supposition that we know what we are counting when we count them as five.This book will serve as an inspiring introduction to the topic and as a basis from which further new research will grow. (shrink)

Do some people have a paranormal power to ‘see’ into the future? There are innumerable anecdotes of events foretold, of course. But is there any scientific evidence of the ability? Fiona Steinkamp, a leading investigator of the paranormal, believes there is.

If beliefs and desires affect perception—at least in certain specified ways—then cognitive penetration occurs. Whether it occurs is a matter of controversy. Recently, some proponents of the predictive coding account of perception have claimed that the account entails that cognitive penetrations occurs. I argue that the relationship between the predictive coding account and cognitive penetration is dependent on both the specific form of the predictive coding account and the specific form of cognitive penetration. In so doing, I spell out different (...) forms of each and the relationship that holds between them. Thus, mere acceptance of the predictive coding approach to perception does not determine whether one should think that cognitive penetration exists. Moreover, given that there are such different conceptions of both predictive coding and cognitive penetration, researchers should cease talking of either without making clear which form they refer to, if they aspire to make true generalisations. (shrink)

"Ethical thought has no chance of being everything it seems." Bernard Williams offered this cryptic remark in Ethics and the Limits of Philosophy, and in this chapter I argue that understanding it is the key to understanding Williams' skepticism about moral theory and about systematization in ethics. The difficulty for moral philosophy, Williams believed, is that ethics looks one way to embodied, active agents, but looks entirely different when considered from the standpoint of theory. This, in turn, means that following (...) a moral theory is a sure route to practical alienation. I argue that once we see it for what it is, we can see that Williams own skepticism undermines his later attempts to vindicate Truthfulness. Moreover, given the pervasiveness of reflective practical alienation in ordinary life, it leaves us with a difficult question: what would a non-alienated ethical existence even look like for us? (shrink)

Artworks at Lascaux and other late Palaeolithic caves integrate geological features or “relief” of the cave wall in a way that suggests a symbiotic relation between nature and culture. I argue this qualifies as “receptivity to a situation,” which is neither fully active nor merely passive and emerges as a necessary element of the intentions made apparent by such cave art. I argue against prominent interpretations of cave art, including the shamanist account and propose a structural interpretation attentive to particular (...) cases. Seen in this way, cave art displays intentions that are analyzable as having a tripartite structure: mentally directed, embedded in actions and receptive to a situation. Moreover, the latter is the medium through which the other two elements are conjoined. Drawing on a range of archaeological and philosophical resources from both analytical philosophy and phenomenology, I argue that what I call cave art’s “intentional story” is important for the philosophy of intentions more generally. (shrink)

This paper responds to the sense of “crisis” or “trouble” that dominates contemporary feminist debate about the categories of sex and gender. It argues that this perception of crisis has emerged from a fundamental confusion of theoretical and political issues concerning the implications of the sex/gender debate for political representation and agency. It explores the sense in which this confusion is manifest in a debate between Seyla Benhabib and Judith Butler.

Recent work on Kant’s conception of space has largely put to rest the view that Kant is hostile to actual infinity. Far from limiting our cognition to quantities that are finite or merely potentially infinite, Kant characterizes the ground of all spatial representation as an actually infinite magnitude. I advance this reevaluation a step further by arguing that Kant judges some actual infinities to be greater than others: he claims, for instance, that an infinity of miles is strictly smaller than (...) an infinity of earth-diameters. This inequality follows from Kant’s mereological conception of magnitudes (quanta): the part is (analytically) less than the whole, and an infinity of miles is equal to only a part of an infinity of earth-diameters. This inequality does not, however, imply that Kant’s infinities have transfinite and unequal sizes (quantitates). Because Kant’s conception of size (quantitas) is based on the Eudoxian theory of proportions, infinite magnitudes (quanta) cannot be assigned exact sizes. Infinite magnitudes are immeasurable, but some are greater than others. (shrink)

Drawing on resources from both the Analytical and Continental traditions, Form and World argues that a comprehension of Kant's aesthetics is necessary for grasping the scope and force of his epistemology. Fiona Hughes draws on phenomenological and aesthetic resources to bring out the continuing relevance of Kant's project. One of the difficulties faced in reading the Critique of Pure Reason is finding a way of reading the text as one continuous discussion. This book offers a reading at each stage (...) of Kant's epistemological argument, showing how various elements of Kant's argument, often thought of as extraneous or indefensible, can be integrated. This incisive study, arguing for the centrality of aesthetics in philosophy, and within experience in general, challenges a blind spot in the Anglo-American tradition of philosophy and will contribute to a growing interest in the general significance of aesthetic culture. (shrink)

ABSTRACT The idea of “critical phenomenology” is premised on the belief that there is a radically critical political impetus intrinsic to phenomenology as such. This belief is sound, but its grounds are unclear. This article clarifies the sense of critical phenomenology by showing how it is based in the methodological need for a generative apprehension of nature as the outermost horizon of experience, that this horizon is pregiven in the mythic Urdoxa of the lifeworld, and that critical phenomenology ultimately goes (...) beyond traditional phenomenology precisely by engaging in a moment of critical mythopoetic praxis, what Hans Blumenberg termed “work on myth,” at this level. This is highly counterintuitive but fundamental to the theoretical coherence of critical phenomenology and crucial to its viability as a transformative political practice in terms of navigating the ideological landscape of the contemporary world. (shrink)

David Benatar has argued both for anti-natalism and for a certain pessimism about life's meaning. In this paper, I propose that these positions are expressions of a deeply impersonal philosophical temperament. This is not a problem on its own; we all have our philosophical instincts. The problem is that this particular temperament, I argue, leads Benatar astray, since it prevents him from answering a question that any moral philosopher must answer. This is the question of rational authority, which requires the (...) moral philosopher to say why existing human agents have strong practical reasons to comply with the philosopher's dictates. A purely impersonal ethical system can never do this, and this is why Benatar has no answer to this question. (shrink)

The existence of deep and persistent moral disagreement poses a problem for a defender of moral knowledge. It seems particularly clear that a philosopher who thinks that we know a great many moral truths should explain how human populations have failed to converge on those truths. In this paper, I do two things. First, I show that the problem is more difficult than it is often taken to be, and second, I criticize a popular response, which involves claiming that many (...) false moral beliefs are the product of nonmoral ignorance. (shrink)

Pragmatic Genealogy involves constructing fictional, quasi-historical models in order to discover what might explain and justify our concepts, ideas or practices. It arguably originated with Hume, but its most prominent practitioners are Edward Craig, Bernard Williams and Mathieu Queloz. Its defenders allege that the method allows us to understand “what the concept does for us, what its role in our life might be” (Craig, 1990), and that this in turn can ground practical reasons to preserve or further a conceptual practice. (...) In this paper, I argue that none of this is true, and that only a turn to the actual recent history of such practices can reveal those sorts of practical reasons. (shrink)

In this paper we consider the impact of digitally altered images on individuals’ body satisfaction and beauty aspirations. Drawing on current psychological literature we consider interventions designed to increase knowledge about the ubiquity and unreality of digital images and, in the form of labelling, provide information to the consumer. Such interventions are intended to address the negative consequences of unrealistic beauty ideals. However, contrary to expectations, such initiatives may not be effective, especially in the long-term, and may even be counter-productive. (...) We seek to understand this phenomenon of our continued aspiration for beauty ideals we know to be unreal and even impossible. We draw on our respective disciplines to offer psychological and philosophical accounts for why this might be. We conclude that beauty ideals are deeply embedded in our aspirations, practices, and in our constructions of ourselves. Given this, it is not surprising that simply increasing knowledge, or providing information, will be insufficient to challenge them. (shrink)

I argue that we should reject the sparse view that there are or could be only a small number of rather distinct senses. When one appreciates this then one can see that there is no need to choose between the standard criteria that have been proposed as ways of individuating the senses—representation, phenomenal character, proximal stimulus and sense organ—or any other criteria that one may deem important. Rather, one can use these criteria in conjunction to form a fine-grained taxonomy of (...) the senses. We can think of these criteria as defining a multidimensional space within which we can locate each of the senses that we are familiar with and which also defines the space of possible senses there could be. (shrink)

Is there a space of the sensory modalities? Such a space would be one in which we can represent all the actual, and at least some of the possible, sensory modalities. The relative position of the senses in this space would indicate how similar and how different the senses were from each other. The construction of such a space might reveal unconsidered features of the actual and possible senses, help us to define what a sense is, and provide grounds that (...) we might use to decide what is one token sense rather than multiple token senses. -/- In this paper, I explore, refine, and defend the idea that we can construct such a space—an idea that I briefly proposed in earlier work (Macpherson 2011a and 2011b). In doing so, I defend the idea from an objection that Richard Gray (2012) has voiced. Gray claims that the dimensions of the space of sensory modalities must generate a non-­‐arbitrary ordering of the senses. He argues that we cannot find dimensions that do so. I disagree. I identify different ways in which a space could be arbitrary but I argue that we can define a space of the sensory modalities in a non-arbitrary manner. I give examples of what the dimensions might be. (shrink)

ABSTRACT This paper reveals David Hilbert’s position in the philosophy of mathematics, circa 1900, to be a form of non-eliminative structuralism, predating his formalism. I argue that Hilbert withstands the pressing objections put to him by Frege in the course of the Frege-Hilbert controversy in virtue of this early structuralist approach. To demonstrate that this historical position deserves contemporary attention I show that Hilbertian structuralism avoids a recent wave of objections against non-eliminative structuralists to the effect that they cannot distinguish (...) between structurally identical but importantly distinct mathematical objects, such as the complex roots of $-1$. (shrink)

The ethics of biological procreation has received a great deal of attention in recent years. Yet, as I show in this paper, much of what has come to be called procreative ethics is conducted in a strangely abstract, impersonal mode, one which stands little chance of speaking to the practical perspectives of any prospective parent. In short, the field appears to be flirting with a strange sort of practical irrelevance, wherein its verdicts are answers to questions that no-one is asking. (...) I go on to articulate a theory of what I call existential grounding, a notion which explains the role that prospective children play in the lives of many would-be parents. Procreative ethicists who want their work to have real practical relevance must, I claim, start to engage with this markedly first-personal kind of practical consideration. (shrink)

This paper argues for two claims. First, that in the Sophist a metaphysical theory of being is constructed from the ground up, largely on the basis of a claim treated as an axiomatic principle, the ‘dunamis proposal’ (247d–e), which, I will argue, ought to be understood as Plato’s own definition of being. Second, once its core is in place, the theory is put to use to provide dialectical arguments against proponents of alternative metaphysical theories for the existence of various entities (...) in the ontology. These include—notably—an argument for the existence of Forms. (shrink)

As a psychologist and an ethicist, we have explored empirically newborn screening consent and communication processes. In this paper we consider the impact on families if newborn screening uses whole genome sequencing. We frame this within the World Health Organization’s definition of health and contend that proposals to use whole genome sequencing in newborn screening take into account the ethical, practical and psychological impact of such screening. We argue that the important psychological processes occurring in the neonatal phase necessitate a (...) clear justification that providing risk information at this stage provides a health benefit. We illustrate how research on current newborn screening can inform whole genome sequencing debates, whilst highlighting important gaps. Obtaining explicit, voluntary, and sufficiently informed consent for newborn screening is challenging, however we stress that such consent is ethically and legally appropriate and psychologically and practically important. We conclude by outling how this might be done. (shrink)

Abstract: This paper seeks to establish whether the cognitive penetration of experience is compatible with experience having nonconceptual content. Cognitive penetration occurs when one’s beliefs or desires affect one’s perceptual experience in a particular way. I examine two different models of cognitive penetration and four different accounts of the distinction between conceptual and nonconceptual content. I argue that one model of cognitive penetration—“classic” cognitive penetration—is compatible with only one of the accounts of nonconceptual content that I identify. I then consider (...) the other model of cognitive penetration—cognitive penetration “lite”. I provide reasons to think that this is compatible with three accounts of nonconceptual content. Moreover, I argue that the account of nonconceptual content that it is not compatible with is a spurious notion of nonconceptual content that ought to be abandoned. Thus, I claim that cognitive penetration lite is compatible with all reasonable specifications of nonconceptual content. (shrink)

The biomedicalist conceptualization of disablement as a personal medical tragedy has been criticized by disability studies scholars for discounting the difference between disability and impairment and the ways disability is produced by socio-environmental factors. This paper discusses prospects for partnerships between disability studies teaching/research and medical education; addresses some of the themes around the necessity of critical disability studies training for medical students; and examines a selection of issues and themes that have arisen from disability education courses within medical schools (...) globally. The paper concludes that providing there is a commitment from senior management, universities are well positioned to apply both vertical and horizontal approaches to teaching disability studies to medical students. (shrink)

Unlike those with type 1 blindsight, people who have type 2 blindsight have some sort of consciousness of the stimuli in their blind field. What is the nature of that consciousness? Is it visual experience? I address these questions by considering whether we can establish the existence of any structural—necessary—features of visual experience. I argue that it is very difficult to establish the existence of any such features. In particular, I investigate whether it is possible to visually, or more generally (...) perceptually, experience form or movement at a distance from our body, without experiencing colour. The traditional answer, advocated by Aristotle, and some other philosophers, up to and including the present day, is that it is not and hence colour is a structural feature of visual experience. I argue that there is no good reason to think that this is impossible, and provide evidence from four cases—sensory substitution, achomatopsia, phantom contours and amodal completion—in favour of the idea that it is possible. If it is possible then one important reason for rejecting the idea that people with type 2 blindsight do not have visual experiences is undermined. I suggest further experiments that could be done to help settle the matter. (shrink)

In this paper, I clarify and defend a provocative hypothesis offered by Bernard Williams, namely, that modern people are much more likely to speak in terms of master-concepts like “good” or “right,” and correspondingly less likely to think and speak in the pluralistic terms favored by certain Ancient societies. By conducting a close reading of the Platonic dialogues Charmides and Laches, I show that the figure of Socrates plays a key historical role in this conceptual shift. Once we understand that (...) our narrow, reductionist focus on “thin” ethical concepts is a contingent historical development, we are, I claim, in a much better position to evaluate it. (shrink)

BackgroundConcerns about decision making related to resuscitation have led to two important challenges in the courts resulting in new legal precedents for decision-making practice. Systematic research investigating the experiences of doctors involved in decisions about resuscitation in light of the recent changes in law remains lacking.AimTo analyse the practice of resuscitation decision making on hospital wards from the perspectives of doctors.DesignThe data presented in this paper were collected as part of a wider research study of end-of-life care in an acute (...) hospital setting. Data collection comprised ethnographic non-participant observation on two acute hospital wards and individual interviews with patients, relatives and healthcare professionals caring for patients thought to be approaching the end of life. Data were analysed using a constructivist grounded theory approach.ResultsDiscussions and decision making about resuscitation present many challenges for those involved on acute medical wards. The data highlight the potential for multiple interpretations of legal precedents, creating misunderstandings that may impact patient care in less positive ways.ConclusionsThis paper provides unique insights into how doctors respond to the changing medico-legal culture and the subsequent effects on patient care. It demonstrates how the juridification of medical practice can occur. It highlights the potential benefit of a structure to support clinicians, patients and relatives in discussing and navigating decisions around care at the end of life in line with the patient’s wishes and preferences. Recommendations for future research are made and legal ramifications are discussed. (shrink)

The system of realist philosophy developed by John Anderson — situational realism — has recently been dismissed as ‘positivist’ by a prominent critical realist. The reason for this dismissal appears not to be the usual list of ideas deemed positivist, but the conviction that situational realism mistakenly defends a form of actualism, i.e. that to conceive of causal laws as constant conjunctions reduces the domain of the real to the domain of the actual. This is, in part, a misreading of (...) Anderson’s philosophy because, contrary to Hume’s constant conjunction account, Anderson viewed causation as pluralistic and non-linear. However, the critical realist charge does point to two important ontological differences between these realist philosophies — a levels-of-reality thesis and the notion of causal powers. Situational realism has always maintained that the arguments for both lead to difficulties that are logically insurmountable. Unfortunately, this is not addressed in the critical realists’ dismissal of Anderson’s philosophy. Regardless of who makes the charge of positivism, it frequently involves inattention to the real character of its target. (shrink)

In this paper we trace the historical exclusion of women from the legal profession in Canada. We examine women’s efforts to gain entry to law practice and their progress through the last century. The battle to gain entry to this exclusive profession took place on many fronts: in the courts, government legislature, public debate and media, and behind the closed doors of the law societies. After formal barriers to entry were dismantled, women continued to confront formidable barriers through overt and (...) subtler forms of discrimination and exclusion. Today’s legal profession in Canada is a contested one. Women have succeeded with large enrolments in law schools and growing representation in the profession. However, women remain on the margins of power and privilege in law practice. Our analysis of contemporary official data on the Canadian legal profession demonstrates that women are under-represented in private practice, have reduced chances for promotion, and are excluded from higher echelons of authority, remuneration, and status in the profession. Yet, the contemporary picture of the legal profession also reveals that women are having an important impact on the profession of law in Canada by introducing policy reforms aimed at creating a more humane legal profession. (shrink)