Many think that properties are powers. However, whilst some claim that properties are pure powers, others claim that properties are powerful qualities. In this paper, I argue that the canonical formulation of the powerful qualities view is no different from the pure powers view. Contrary to appearances, the two positions accept the same view of properties. Thus, the debate between them rests on an illusion. I draw out some consequences of this surprising result for issues over property individuation. Along the (...) way, I argue that all existing objections to the powerful qualities view fail. (shrink)

It is widely thought that, to be morally responsible for some action or omission, an agent must have had, at the very least, the general ability to do otherwise. As we argue, however, there are counterexamples to the claim that moral responsibility requires the general ability to do otherwise. We present several cases in which agents lack the general ability to do otherwise and yet are intuitively morally responsible for what they do, and we argue that such cases raise problems (...) for various kinds of accounts of moral responsibility. We suggest two alternative approaches to thinking about the connection between moral responsibility and abilities to do otherwise, one of which denies that there is any ability-to-do-otherwise requirement on moral responsibility and the other of which requires only an opportunity to do otherwise. We also argue that a general-ability-to-do-otherwise requirement not only faces counterexamples but also lacks positive motivation. (shrink)

In Australia, since 2004, there has been a move to expand the range of models for legal practice. Lawyers may now incorporate a legal practice, which may have non-legal directors and shareholders. They may also enter into a partnership with a range of non-legal professional partners. This change is happening at the same time that legal practice culture is moving from a professional service model to a business-oriented model. Increased pressures have been thrown into the mix by the global financial (...) crisis and the downturn in the legal market. Inevitably, these changes have created new conflict problems. When a lawyer is responsible to both clients and shareholders, how can that conflict be resolved? What are the roles of non-legal directors or partners? What if they have ethical or legal duties which conflict with a lawyer?s duty to a client? When a corporate legal business is listed on the stock exchange, what pressure may that bring to bear on the business model of the legal practice? How can all of these issues be resolved in grim financial times? The author will examine all of these issues in light of Australian and international experiences with new lawyering patterns and the global financial crisis. (shrink)

Sensorimotor expectations concern how visual experience covaries with bodily movement. Sensorimotor theorists argue from such expectations to the conclusion that the phenomenology of vision is constitutively embodied: objects within the visual field are experienced as 3-D because sensorimotor expectations partially constitute our experience of such objects. Critics argue that there are two ways to block the above inference: to explain how we visually experience objects as 3-D, one may appeal to such non-bodily factors as expectations about movements of objects, not (...) the perceiver, or to the role of mental imagery in visual experience. But instead of using sensorimotor expectations to explain how objects are experienced within the visual field, we can instead use them to explain our experience of the visual field itself and, in particular, our experience of its limits; that is, our ever-present visual sense of there being more to see, beyond what’s currently within the visual field. Crucially, this inference from sensorimotor expectations to the constitutive embodiment of visual phenomenology is not threatened by the above two challenges. I thus present here a sensorimotor theory of the phenomenology of the visual field, that is, our experience of our visual fields as such. (shrink)

Most mainstream feminist anti-rape scholarship and activism may be described as carceral feminism, insofar as it fails to engage with critiques of the criminal punishment system and endorses law-and-order responses to sexual and gendered violence. Mainstream feminist anti-rape scholars and activists often view increased conviction rates and longer sentences as a political goal—or, at the very least, are willing to collaborate with police and lament cases where perpetrators of sexual violence are given “light” or non-custodial sentences. Prison abolitionists, on the (...) other hand, have tended to insist that most lawbreakers are non-violent and that the “dangerous” are “few”, thus avoiding serious engagement with the widespread phenomenon of sexual violence. Despite the prevalence of carceral feminism, to my knowledge no feminist scholar has explicitly embraced this label, and the closest I have found to a defense of carceral feminism is feminist legal scholar Lise Gotell’s “critique of the critique of carceral feminism”. For this reason, it is with Gotell’s article that I primarily engage in defending anti-carceral feminism and prison abolitionism even in the difficult case of sexual assault. (shrink)

MIT Press, 1999 Review by Paul Bohan Broderick, Ph.D. on May 26th 2002 Volume: 6, Number: 21.

A largely qualitative body of literature has contributed to understanding the contradictory dimensions of community gardening as a social justice tool. Building on this literature through a city-wide, quantitative intervention, this paper focuses on community gardening as a facilitator of ecological gentrification in St. Louis, Missouri. Combining the analytical lenses of spatial justice, urban political ecology, and the rent gap theory of gentrification, I deploy spatial regression analysis to show that community gardening was positively associated with gentrification in St. Louis (...) between the years 2000 and 2010, as measured by the growth of high socioeconomic status residents in each neighborhood. This result suggests that a sociospatial dialectic exists in which the implementation of a community garden, a change in the use of urban space, leads to unintended social outcomes. Contextualizing this finding within the broader literature, I conclude that the potential of community gardening as an instrument for spatial justice is contingent on institutional support against larger-scale processes, like gentrification, that lead to spatially unjust outcomes. (shrink)

This essay explores the treatment of the relation between nature (phusis) and norm or convention (nomos) in Democritus and in certain Platonic dialogues. In his physical theory Democritus draws a sharp contrast between the real nature of things and their representation via human conventions, but in his political and ethical theory he maintains that moral conventions are grounded in the reality of human nature. Plato builds on that insight in the account of the nature of morality in the myth in (...) the Protagoras. That provides material for a defense of morality against the attacks by Callicles in the Gorgias and Thrasymachus and Glaucon in the Republic, all of whom seek to use the nature-convention contrast to devalue morality. (shrink)

One way that philosophers have attempted to defend free will against the threat of fatalism and against the threat from divine beliefs has been to endorse timelessness views. In this paper, I argue that, in order to respond to general worries about fatalism and divine beliefs, timelessness views must appeal to the notion of dependence. Once they do this, however, their distinctive position as timelessness views becomes otiose, for the appeal to dependence, if it helps at all, would itself be (...) sufficient to block worries about fatalism and divine beliefs. I conclude by discussing some implications for dialectical progress. (shrink)

Jacob Sparks has developed a semiotic critique of markets that is based on the fact that “market exchanges express preferences.” He argues that some market transactions will reveal that the purchaser of a market good inappropriately prefers it to a similar non-market good. This avoids Brennan and Jaworski’s criticism that semiotic objections to markets fail as the meaning of market transactions are contingent social facts. I argue that Sparks’ argument is both incomplete and doomed to fail. It can only show (...) that some preferences are morally problematic, not that the transactions that they lead to are immoral. (shrink)

Noting minimal philosophical attention to the shift of the meanings of “genotype” and “phenotype,” and their distinction, as well as to the variety of meanings that have co-existed over the last hundred years, this note invites readers to join in exploring the implications of shifts that have been left unexamined.

Health Care Ethics Health care ethics is the field of applied ethics that is concerned with the vast array of moral decision-making situations that arise in the practice of medicine in addition to the procedures and the policies that are designed to guide such practice. Of all of the aspects of the human body, and … Continue reading Health Care Ethics →.

This chapter, which concentrates on the violent imaginaries that informed the reports and deeds of the 1994 Rwandan genocide, reviews the perseverance of pre-colonial notions of a sacred king whose “wild sovereignty” and inability to promote the flow of imaana earns him fateful sacrifice. The term imaana denotes a supreme being and, in a more generalized way, a “diffuse, fecundating fluid” of celestial origin whose activity upon livestock, land, and people brought fertility and abundance. As imaana's earthly representative, the king (...) channeled fertility to the rest of humanity. The chapter also discusses symbolism of the sovereign's body and its implicit link with the process of liquid flow. Habyarimana is an inadequate conduit of imaana and thus not a worthy king. He is the antithesis of Ruganzu Ndori. -/- . (shrink)

Bernard Williams questioned whether impartial morality “can allow for the importance of individual character and personal relations in moral experience.” Underlying his position is a distinction between factual and practical deliberation. While factual deliberation is about the world and brings in a standpoint that is impartial, practical deliberation is, he claims, radically first‐personal; it “involves an I that [is] intimately the I of my desires.” While it may be thought that Williams's claim implies an unpalatable Humean subjectivism, the present article (...) argues that this does not follow: That first‐person practical deliberation is directed both by the “I of my desires” and by the world. Drawing on Peter Winch's argument against the universalizability of moral judgments and D. H. Lawrence's Lady Chatterley's Lover, the article argues that practical deliberations involve discovering value in the world, but that what is revealed about the world depends constitutively on the first‐person deliberations and decisions of particular agents. (shrink)

There is copious scientific and technical literature analysing the issues of the environmental threat to orbital space. There is also now increasing legal awareness of the problems facing the space environment. These inquiries almost always focus on solutions based on processes, technology or providing sufficient alarm to jolt the international community into action. This discussion will adopt a different focus, providing an overview of the value system that is currently in place regarding human space activity and examining how this value (...) system has shaped normative ethical positions on space exploration. The inquiry will consider whether the values of space exploration have been sufficiently concerned with the environmental impact of such activity and whether it is possible to generate the consensus needed to embed an ethical approach to space exploration. It is contended that only through embedding a concern for the environment at the core of human space activity will there be an enduring solution to the crisis posed by debris in Earth orbit. By promoting conservative consumption of outer space resources, such an embedded concern would become a natural process in space activity rather than a chastisement or limit progress. More crucially, such an overarching ethical position would ensure that the problems which have affected Earth orbit will not be exported when human space exploration leads to settlement on other celestial bodies. The inquiry will start by examining the evolving nature of space activity, looking at the predominantly military backdrop to the early years of exploration. During these early years, the challenge of simply getting into space overrode any environmental consideration. More significantly, there was not the diversity of entities looking to go into orbit meaning that the amount of debris was limited, thereby softening concern. Space activity during this time was largely limited to two superpowers, Russia and America. Inevitably, this geopolitical situation shaped the law that was to govern space activity, and this is the law which has shaped normative behaviour in space. Indeed, had space remained the purview of States, environmental damage may have been significantly reduced, making it easier to regulate. This development is crucial to understanding the way in which shared human values have evolved, but is only part of the picture. Following this, the different generations of space travellers will be studied allowing for an evaluation of how their competing interests and backgrounds have shaped the value systems underpinning the exploration of space. The discussion will then go on to review the emerging body of literature discussing ethical approaches to space and establish the extent to which ethical values have shifted to match the diversity of actors in the space environment. There will then be a critique of how the change in the global space environment has necessitated a change in environmental governance, and whether this has actually occurred. Finally, the discussion will conclude with suggestions as to the way in which legal devices can be used to shape behaviours and begin the process of embedding a much-needed environmental ethic into space activity. (shrink)

This paper advances a novel conception of the child’s best interest in regard to pediatric surgeries that do not promote the preventive or therapeutic health needs of children, or elective pediatric surgeries (EPS). First, children’s capacity for decision-making is examined, and the best decision-making model for EPS is identified as the Best Interest Standard. What follows is a discussion of the interests of children in the context of EPS, the correlation of fundamental interests to rights, and guidelines for weighing children’s (...) competing interests. Next, the rights and duties of parents as proxy decision makers are considered. Finally, a reinterpretation of the Best Interest Standard is proposed, identifying as paramount a child’s ability to make elective medical decisions for herself when she reaches maturity. (shrink)

Affects have often been characterised as a hindrance to the rational thinker. In this paper I reconsider the role of affects in philosophical inquiry in the light of recent work on the emotions which suggests that affects play a role in framing the ways in which we experience the world. I explore affects as motivators and curtailers of philosophical inquiry drawing on work by Hookway. I suggest that although Hookway is correct in identifying the motivating role of affects, his account (...) is too sparse and does not take account of the wider role which affects play in philosophical inquiry. Drawing on phenomenological psychiatry I argue that affects play a pre-reflective role which enables successful ‘explicit’ reasoning to begin. Building on this I use accounts by de Sousa on emotions as salience providers and William James on the role of temperament in philosophical inquiry to supplement and fill the gaps left by Hookway’s account. Here I draw a distinction between sporadic and sustained affects, claiming that a full account of the role of affects in philosophy ought to take account of both. This paper ultimately provides an examination of how the recent work on emotions affects the way we may view philosophical inquiry. (shrink)

Knowledge Representation and Reasoning (KR&R) is based on the idea that propositional content can be rigorously represented in formal languages long the province of logic, in such a way that these representations can be productively reasoned over by humans and machines; and that this reasoning can be used to produce knowledge-based systems (KBSs). As such, KR&R is a discipline conventionally regarded to range across parts of artificial intelligence (AI), computer science, and especially logic. This standard view of KR&R’s participating fields (...) is correct — but dangerously incomplete. The view is incomplete because, as we explain herein, sophisticated KR&R must rely heavily upon philosophy. Encapsulated, the reason is actually quite straightforward: Sophisticated KR&R must include the representation of not only simple properties, but also concepts that are routine in the formal sciences (theoretical computer science, mathematics, logic, game theory, etc.), and everyday socio-cognitive concepts like mendacity, deception, betrayal, and evil. Because in KR&R the representation of such concepts must be rigorous in order to enable machine reasoning (e.g., machine-generated and machine-checked proofs that a is lying to b) over them, philosophy, devoted as it is in no small part to supplying analyses of such concepts, is a crucial partner in the overall enterprise. To put the point another way: When the knowledge to be represented is such as to require lengthy formulas in expressive formal languages for that representation, philosophy must be involved in the game. In addition, insofar as the advance of KR&R must allow formalisms and processes for representing and reasoning over visual propositional content, philosophy will be a key contributor into the future. (shrink)

Our research seeks to answer the question of how a conventional commodity supply chain can be transformed into a disintermediated commodity supply chain in the context of the fair trade (FT) movement. We present a normative framework for conceptualizing the disintermediation process, exploring the variables bearing on this process using the case of FT coffee to illustrate our insights. We highlight the motivational sources driving FT, suggesting that it is increasingly to the advantage of multinational enterprises to leverage their market (...) power to circumvent intermediaries in the supply chain and, in so doing, shift a greater share of income and wealth to producing communities. A research agenda centered on building an FT supply‐chain disintermediation index is proposed. (shrink)

A familiar theme in Greek philosophy, largely due to the influence of Plato's Cratylus, linguistic naturalism constitutes a major but under-studied area of Roman linguistic thought. Indeed, it holds significance not only for the history of linguistics but also for philosophy, stylistics, rhetoric and more. The chapters in this volume deal with a range of naturalist theories in a variety of authors including Cicero, Varro, Nigidius Figulus, Posidonius, and Dionysius of Halicarnassus. The result is a complex and multi-faceted picture of (...) how language and nature were believed to interrelate in the classical Roman world. (shrink)

Rampant moral relativism is widely decried as the leading source of the degeneracy of modern life.1 Though I proudly count myself a relativist, I rather doubt that relativism has anything like the cultural influence that its most ardent critics fearfully attribute to it. Much of what gets criticized under the rubric of relativism is often really no such thing. Relativists need not be hedonists, egoists, nihilists or even moral skeptics. Moreover, when it comes to the upper reaches of our intellectual (...) culture, relativism is more often dismissed than defended.2 I don’t deny that in certain literary corners of academe, relativism retains a fashionable post-modern cache.3 But in more sober philosophical circles, the catalog of ills from which relativism is widely thought to suffer is impressive.4 When taken as a characterization of the nature of moral discourse and moral argument, relativism is often thought to be descriptively inadequate. Contra the relativist, we do not treat moral disputes as rationally irresolvable. We do not tolerate all alternative moral “codes” as equally valid. Relativism may be true of merely cultural norms or practices. But morality has a felt universality that makes it quite different in character from a system of merely cultural norms or practices. In the face of morally abhorrent practices, we don’t simply shrug our shoulders and say that while the relevant practices may be wrong for us, they are alright for them. Relativism is sometimes even said to be self-undermining. It makes the very thing it purports to explain – the possibility of rationally intractable disagreements – impossible in the first place. Partly because of its supposedly self-undermining character, relativism is sometimes accused of being a strictly incredible doctrine. Those who profess to be relativists must, if this is true, either be insincere, confused, or self-deceived. Though someone might well sincerely hold the mistaken second-order belief that she believes that she believes that relativism is true, no one, in his or her deepest heart of hearts, sincerely, non selfdeceptively and informedly believes that relativism is true.. (shrink)

Roger L. Taylor; V—Sexual Experiences, Proceedings of the Aristotelian Society, Volume 68, Issue 1, 1 June 1968, Pages 87–104, https://doi.org/10.1093/aristotel.