This paper examines Judith Shklar’s Legalism in light of the paradox that emerges clearly from a law-based approach to international crises that ought to be evaluated on the basis of whether the judicial initiative—the cases examined are primarily drawn from ad hoc UN Security Council tribunals—promote, in Shklar’s words, “decent politics.” The question of whether this notion is exclusively related to liberalism, and whether it may run contrary to the role of defense counsel in such trials—deeply anchored in the (...) liberal tradition of the protection of individual liberty, and yet confronted to the politics of international criminal law and international relations, however theorized—is fundamental, as “decent politics” compete with the legalistic imperatives of the defense, and the liberal foundation of the legal systems from which UN trials have emerged. Legalism provides a theoretical thread to examine the emergence of international criminal trials as well as the relation between the universality of law and history and the politics of memory, which figure prominently as political phenomena in these trials, but which may run contrary to the liberalism inherent in the legalist form. (shrink)

One of the most talked-about scholarly works of the past fifty years, Judith Butler’s _Gender Trouble_ is as celebrated as it is controversial. Arguing that traditional feminism is wrong to look to a natural, 'essential' notion of the female, or indeed of sex or gender, Butler starts by questioning the category 'woman' and continues in this vein with examinations of 'the masculine' and 'the feminine'. Best known however, but also most often misinterpreted, is Butler's concept of gender as a (...) reiterated social _performance _rather than the expression of a prior reality. Thrilling and provocative, few other academic works have roused passions to the same extent. (shrink)

One of the most talked-about scholarly works of the past fifty years, Judith Butler’s _Gender Trouble_ is as celebrated as it is controversial. Arguing that traditional feminism is wrong to look to a natural, 'essential' notion of the female, or indeed of sex or gender, Butler starts by questioning the category 'woman' and continues in this vein with examinations of 'the masculine' and 'the feminine'. Best known however, but also most often misinterpreted, is Butler's concept of gender as a (...) reiterated social _performance _rather than the expression of a prior reality. Thrilling and provocative, few other academic works have roused passions to the same extent. (shrink)

In ____Bodies That Matter,__ Judith Butler further develops her distinctive theory of gender by examining the workings of power at the most "material" dimensions of sex and sexuality. Deepening the inquiries she began in _Gender_ _Trouble,_ Butler offers an original reformulation of the materiality of bodies, examining how the power of heterosexual hegemony forms the "matter" of bodies, sex, and gender. Butler argues that power operates to constrain "sex" from the start, delimiting what counts as a viable sex. She (...) offers a clarification of the notion of "performativity" introduced in _Gender Trouble_ and explores the meaning of a citational politics. The text includes readings of Plato, Irigaray, Lacan, and Freud on the formation of materiality and bodily boundaries; "Paris is Burning," Nella Larsen's "Passing," and short stories by Willa Cather; along with a reconsideration of "performativity" and politics in feminist, queer, and radical democratic theory. (shrink)

Judith Jarvis Thomson; Killing, Letting Die, and The Trolley Problem, The Monist, Volume 59, Issue 2, 1 April 1976, Pages 204–217, https://doi.org/10.5840/monis.

Quantum mechanics has sometimes been taken to be an empiricist (vs. realist) theory. I state the empiricist's argument, then outline a recently noticed type of measurement--protective measurement--that affords a good reply for the realist. This paper is a reply to scientific empiricism (about quantum mechanics), but is neither a refutation of that position, nor an argument in favor of scientific realism. Rather, my aim is to place realism and empiricism on an even score in regards to quantum theory.

In this article I examine the view, common amongst several contemporary legal positivists, that rules of recognition are to be understood as conventional rules of some kind. The article opens with a discussion of H.L.A. Hart's original account of the rule of recognition in the 1st edn of The Concept of Law and argues that Hart did not view the rule of recognition as a conventional rule in that account. I then discuss Hart's apparent turn towards a conventionalist understanding of (...) the rule of recognition in the ‘Postscript’ to the 2nd edn of The Concept of Law, and attempt to cast doubt on the strength of Hart's commitment to such a turn, and on the reasons prompting him to make it. Finally, I consider one of the most interesting contemporary conventionalist accounts of rules of recognition, namely Andrei Marmor's view that such rules should be understood as the constitutive conventions of partly autonomous social practices. My aim in this part of the article is to compare Marmor's account with my earlier interpretation of Hart's views, and to consider whether Marmor's account truly is conventionalist in character and whether it provides us with a persuasive conventionalist understanding of rules of recognition. (shrink)

Drawing on constructionist theory, this study examines how the media portrayed five public reporting events initiated by the Fair Labor Association (FLA), considering whether the coverage encourages or discourages companies from undertaking a reporting initiative as part of their ethical management. Media coverage was limited but generally favorable across all five events. Coverage frequently included claims made by FLA spokespersons and provided basic facts about the organization and its activities. Extensive detail about labor violations found by monitors was often included. (...) Additional media coverage centered around themes of public reporting and transparency, an assessment of the FLA’s work, brand accountability and responsibility of corporations with regard to working conditions and labor standards, and specifics about the factory monitoring and partnering with factories and NGOs that is necessary to achieve change. Counter-claims brought question to the FLA’s efforts. Explanations about why the social condition exists were fairly limited, and thus, provided little insight into how the problems might be resolved. We discuss managerial implications regarding public reporting initiatives and media coverage, particularly regarding the countering effects of positive coverage and diminishing news stories. (shrink)

Bohr’s reply to Einstein, Podolsky, and Rosen’s argument for the incompleteness of quantum theory is notoriously difficult to unravel. It is so diffcult, in fact, that over 60 years later, there remains important work to be done understanding it. Work by Fine , Beller and Fine , and Beller goes a long way towards correcting earlier misunderstandings of Bohr’s reply. This essay is intended as a contribution to the program of getting to the truth of the matter, both historically and (...) philosophically. In a paper of this length, a full account of Bohr’s reply is impossible, and so I shall focus on one issue where it seems further clarification is required, namely, Bohr’s attempt to illustrate EPR’s argument by means of a thought experiment. In addition, I shall attempt to clarify a few other points which, however minor, have apparently contributed to misunderstandings of Bohr’s position. As the title of this paper suggests, an account of these few points does not constitute an account of Bohr’s reply, but it is an important step in that direction. (shrink)

The Netherlands is one of the few countries where euthanasia is legal under strict conditions. This study investigates whether Dutch newspaper articles use the term ‘euthanasia’ according to the legal definition and determines what arguments for and against euthanasia they contain. We did an electronic search of seven Dutch national newspapers between January 2009 and May 2010 and conducted a content analysis. Of the 284 articles containing the term ‘euthanasia’, 24% referred to practices outside the scope of the law, mostly (...) relating to the forgoing of life-prolonging treatments and assistance in suicide by others than physicians. Of the articles with euthanasia as the main topic, 36% described euthanasia in the context of a terminally ill patient, 24% for older persons, 16% for persons with dementia, and 9% for persons with a psychiatric disorder. The most frequent arguments for euthanasia included the importance of self-determination and the fact that euthanasia contributes to a good death. The most frequent arguments opposing euthanasia were that suffering should instead be alleviated by better care, that providing euthanasia can be disturbing, and that society should protect the vulnerable. Of the newspaper articles, 24% uses the term ‘euthanasia’ for practices that are outside the scope of the euthanasia law. Typically, the more unusual cases are discussed. This might lead to misunderstandings between citizens and physicians. Despite the Dutch legalisation of euthanasia, the debate about its acceptability and boundaries is ongoing and both sides of the debate are clearly represented. (shrink)

Questions concerning the aims and aspirations, criteria of success and even proper delineation of the subject matter of theories of law have given rise to some of the most intractable and contentious debates in contemporary legal philosophy. In this article, I outline my vision of the remit and character of legal philosophy, with particular emphasis on the methodological approach with which I am most concerned in my own work, and which I refer to here as ‘indirectly evaluative legal philosophy’. I (...) do so partly in response to some vehement criticisms of, and, in my view, significant mischaracterisations of, IELP and cognate approaches to theorising about law, which feature in some recent jurisprudential debates. My position supports a pluralistic methodological outlook which emphasises disciplinary and sub-disciplinary complementarity as an alternative to the febrile adversarialism sometimes afflicting our discipline. For, in my view, ours is a broad church, and all theoretical accounts able to illu.. (shrink)

Taking a cue from Bohr’s use of the notion of a reference frame in his reply to EPR’s argument against the completeness (and consistency) of standard quantum theory, this paper presents an analysis ofthe role of reference frames in the situation considered by EPR, using a quantum‐theoretical account of physical reference frames based on the work of Mackey, and Aharonov and Kaufherr. That analysis appears to justify at least some crucial aspects of a Bohrian reply to EPR.

I consider the fact that there are a number of interesting ways to ‘reconstruct’ quantum theory, and suggest that, very broadly speaking, a form of ‘instrumentalism’ makes good sense of the situation. This view runs against some common wisdom, which dismisses instrumentalism as ‘cheap’. In contrast, I consider how an instrumentalist might think about the reconstruction theorems, and, having made a distinction between ‘reconstructing’ quantum theory and ‘reinventing’ quantum theory, I suggest that there is an adequate instrumentalist approach to the (...) theory that invokes both. (shrink)

In a series of powerful and challenging articles emerging since the mid-1990s, Brian Leiter has argued that certain theoretical strains in contemporary legal philosophy are ‘epistemologically bankrupt’, in virtue of their reliance on misguided argumentative devices: analysing concepts, such as the concepts of law and of authority; and doing so by appealing to intuitions regarding the correct way to understand the concepts in question. In response to this state of affairs, Leiter advocates that jurisprudence ought to attempt to catch-up with (...) ‘naturalistic’ developments which have influenced the direction of other branches of philosophy – such as epistemology, philosophy of mind, and moral philosophy – in the last few decades. This article offers a critical analysis of some of Leiter’s proposals for what Jurisprudence should become, in light of his views on the relevance of naturalism for this discipline. (shrink)

Stapp's attempt to derive Bell's Inequality from a weak locality condition while retaining indeterminism, requires careful scrutiny to ensure unambiguous definitions and valid reasoning. Such scrutiny reveals that the argument is fallacious. This result is obtained without commitment to any particular formal analysis of truth conditions for counterfactuals nor to conditions for world similarity.

Ethicist assumptions about the causes and solutions of environmental problems are widely held within environmental philosophy. It is typically assumed that an important cause of problems are the attitudes towards the natural environment held by individuals and that problems can be solved by getting people to adopt a more ethical orientation towards the environment. This article analyses and criticises these claims. Both the highly mediated nature of the relationship between individuals and the natural environment and the pervasive pressure on firms (...) in market economies to reduce their costs provide reasons to question the ethicist assumptions. (shrink)

The pattern of criticisms of the press over the decades underscores the problems caused by the absence of universal ethical standards. Situation ethics, or ?adhocracies,?; are an insufficient moral compass to guide a fast?paced, technologically?drive, bottom?line oriented industry. It is suggested that journalists take a lesson from Aristotle, who argued for practical experience and theoretical substance. Aristotle's ?moral mean?; is recommended as a moral compass that will serve journalists who seek to be virtuous and avoid both defective and excessive practices. (...) Several instances in which the ?moral mean?; should prove especially useful are outlined. (shrink)

Temporal concepts are fundamental constructs of human cognition, but the trajectory of how these concepts emerge and develop is not clear. Evidence of children’s temporal concept development comes from cognitive developmental and psycholinguistic studies. This paper reviews the linguistic factors (i.e., temporal language production and comprehension) and cognitive processes (i.e., temporal judgment and temporal reasoning) involved in children’s temporal conceptualization. The relationship between children’s ability to express time in language and the ability to reason about time, and the challenges and (...) difficulties raised by the interaction between cognitive and linguistic components are discussed. Finally, we propose ways to reconcile controversies from different research perspectives and present several avenues for future research to better understand the development of temporal concepts. (shrink)

Models of the EPR-Bohm experiment usually consider just two times, an initial time, and the time of measurement. Within such analyses, it has been argued that locality is equivalent to determinism, given the strict correlations of quantum mechanics. However, an analysis based on such models is only a preliminary to an analysis based on a complete dynamical model. The latter analysis is carried out, and it is shown that, given certain definitions of locality and determinism for completely dynamical models, locality (...) implies, but is not implied by, determinism. Further, it is suggested that a local deterministic model has not been ruled out by Bell's theorem. It is suggested that such a model could naturally deny the independence of initial complete states from the settings of the apparatuses (a crucial assumption in the derivation of Bell's inequality). (shrink)

The main goal of this essay is to propose and make plausible a framework for developing a philosophical account of musical notation. The proposed framework countenances four elements of notation: symbols (abstract objects that collectively constitute the backbone of a ‘system’ of notation), their characteristic ‘forms’ (for example, shapes, understood abstractly), the concrete instances, or ‘engravings’, of those forms, and the meanings of the symbols. It is argued that these elements are distinct. Along the way, several preliminary arguments are given (...) for how one ought to understand them—for example, it is suggested that engravings represent symbols rather than instantiate forms, although they are characteristically seen to represent a symbol by being seen to instantiate an associated form. Having proposed this framework, the essay explores the nature of musical instructions, as the meanings of symbols, and offers an argument in favor of the commonly held (but recently challenged) view that those meanings are imperative. Specifically, composites of musical notation (paradigmatically, musical scores) primarily express instructional meaning, and denote something like ‘sonic structures’ only secondarily, in virtue of their primary, imperative, meaning. (shrink)

There is a lack of writing on the issue of the education rights of people with disabilities by authors of any theoretical persuasion. While the deficiency of theory may be explained by a variety of historical, philosophical and practical considerations, it is a deficiency which must be addressed. Otherwise, any statement of rights rings out as hollow rhetoric unsupported by sound reason and moral rectitude. This paper attempts to address this deficiency in education rights theory by postulating a communitarian theory (...) of the education rights of people with disabilities. The theory is developed from communitarian writings on the role of education in democratic society. The communitarian school, like the community within which it nests, is inclusive. Schools both reflect and model the shape of communitarian society and have primary responsibility for teaching the knowledge and virtues which will allow citizens to belong to and function within society. Communitarians emphasise responsibilities, however, as the corollary of rights and may require the individual good to yield to the community good when the hard cases arise. The article not only explains the basis of the right to an inclusive education, therefore, but also engages with the difficult issue of when such a right may not be enforceable. (shrink)

Modal interpretations of quantum mechanics admit two kinds of state: physical states, which specify the values of observables on a system, and theoretical states, which specify a probability distribution over possible physical states. They appear to use this distinction to deny the projection postulate, claiming that collapse corresponds only to a change from discussing the theoretical state to discussing the physical state. I argue that modal interpretations should adopt a projection postulate at the level of the theoretical state. However, other (...) features of modal interpretations might render the projection postulate immune from the usual objections. (shrink)

The master narrative of Apartheid South Africa created a specific identity for white boys and men and, together with this identity, a very particular role and place within the South African context. This identity was exemplified in the men who were conscripted into the military from 1967 until 1994, and who participated in operations on the border regions of Namibia and Angola as well as within local townships in the war of liberation against apartheid and minority rule. Many veterans have (...) been left grappling not only with the traumas associated with combat but also with the loss of their identities as war heroes in a country under changed political control. As a result, many of their personal stories and experiences of combat have been silenced by society at large and also, to varying degrees, within their own families, the Church, and among the younger generation who have grown up under a different dispensation. The conflict between vacillating narratives of villains who fought on the wrong side of history and victims of a closed socialisation system has supported the identity struggle faced by many veterans today. Against this backstory, this article explores the effects of storytelling as a trauma release using a narrative approach.Contribution: This article offers a contribution to the use of storytelling in pastoral conversations as a trauma release for untold stories. This insight links to the focus and scope of the journal as a pastoral narrative approach has been used under the umbrella of Practical Theology. (shrink)

‘Seeing is believing’ perhaps means that some visual experience provides good evidence for some claims that go beyond the content of the experience. Intuition—intellectual ‘seeming’—does not provide similarly good evidence, at least not for metaphysical claims, or so I shall argue. In §2, I sketch the conception of ‘metaphysics’ that is in use here, a conception that leads naturally to a problem about what counts as evidence in metaphysics. Some have suggested that intuition counts. In §3 I raise some doubts (...) (but not radical skeptical doubts) about intuition. These doubts are directed specifically at Bealer’s (1998) account of philosophical intuition. In §4 I will consider an argument in favor of the appeal to rational intuition as evidence in philosophy, and suggest that the argument is circular. I conclude §4 with some additional doubts about intuition, focused on whether intuitions could ever be ‘calibrated’. (shrink)

I explore an agent-based model of the development and dissemination of scientific theory that makes very little use of any pre-defined “social structure” (such as partnerships or collaborations). In these models, under a broad range of values of the parameters, widespread (but not universal) “agreement” about scientific theory emerges. Moreover, the residual disagreement turns out to be important to developing new theories in the face of new evidence.

This chapter reflects on transhumanism from a Christian perspective, specifically with reference to the Biblical teaching that human beings are made in the “image” and “likeness” of God. It considers a version of that teaching that is seemingly as permissive as could be about “transhumanist technologies,” and concludes that even that version places significant limits on the pursuit and adoption of such technologies. Those limits are far more restrictive than the limits acknowledged by prominent transhumanists, particularly those with a specific (...) focus on proposals aimed at substantially lengthening the average human lifespan. (shrink)

In 1976, Edward L. Robertson was part of a panel that discussed the overarching topic of Computers in Developing Nations. At the time, computers were slowly being introduced into mainstream society and thoughts of access or even use was the focus of many discussions. Today, not only has computers and its associated technology evolved but so too has the descriptor "developing nations". Since 1976, computers have moved from being desktops, to being portable and hand-held, thus becoming extremely accessible to the (...) general public. In the same vein, the classification of a country's development has since been modified to include another category --- the emerging market. This newly defined category delineates nations that have rapidly growing societies or business markets from those that are still slowly growing. The participants' contributing to this article are all from countries that are identified by the International Monetary Fund as being either an emerging market or a developing country. Another Non-Governmental Organization, the World Bank only recognizes Oman as being a developed country. To follow the [previous] panels' discussion on the importance of computers in developing nations some questions were revisited and new ones were introduced to provide an up-to-date view of computers as seen by specific countries. (shrink)

Primarily a thought experiment, this essay explores how cinematic cyborgs and anthropological approaches to personhood and subjectivity might be theorized together. The 1980s and 1990s showed considerable investment by media producers, and strong reception by audiences and culture critics, to science fiction (SF) film and television franchises that brought new attention to the imagined cyborg subject in the popular imagination of the time. Outside of Hollywood, this same period was marked by biomedical and technological advancements that raised profound implications for (...) Western conceptions of personhood. While SF has enjoyed a long-standing position in the social sciences, primarily with sociologists and feminist theorists, SF’s preoccupation with what it means to be human calls for anthropological engagement as well. Yet if Donna Haraway envisioned cyborgs as celebrated sites of gender de/reconstruction and open possibility, why is it that cinematic cyborgs desire so strongly to become subjects of mothers, lovers, government, and God? While primary attention is given here to film texts and academic articles that drove discussions of science and technology in popular culture during the decades preceding the millennium, with remakes, reboots, and sequels to popular franchises underway, a renewed interest in the anthropological questions these films and series provoke is evident. (shrink)

This article explores the young Georg Lukács through the prism of his early intellectual identifications and obsessions with Kierkegaard, his model, Mann, his poet, Dostoyevsky, his pro...

In this article I discuss various possible ways of understanding the character of and relations between legal systems in the European Union. In particular, I consider whether there is an EU legal system distinct from and in addition to the national legal systems of EU Member States, or whether it is better to conceive of EU law merely as an aspect of Member States’ legal systems, or indeed whether we should think of there being but a single EU legal system (...) of which Member States’ “national legal systems” are in some sense sub-systems.Resumen:Este artículo discute varios modos posibles de comprender el carácter de los sistemas jurídicos de la Unión Europea y sus relaciones. En particular, se plantea la cuestión de si existe un sistema jurídico en la Unión Europea adicional y distinto del sistema jurídico nacional de los Estados miembros; o si es mejor concebir el derecho de la Unión Europea simplemente como un aspecto de los sistemas jurídicos de los Estados miembros; o bien, si es que deberíamos pensar que no hay sino sólo un sistema jurídico en la Unión Europea con respecto del cual los “sistemas jurídicos nacionales” de los Estados miembros son en cierta forma subsistemas. (shrink)

This paper proposes a logic, motivated by modal interpretations, in which every quantum mechanics propositions has a truth-value. This logic is completely classical, hence violates the conditions of the Kochen-Specker theorem. It is shown how the violation occurs, and it is argued that this violation is a natural and acceptable consequence of modal interpretations. It is shown that despite its classicality, the proposed logic is empirically indistinguishable from quantum logic.