Biomedical interventions, such as pharmacological and neurological interventions, are increasingly being offered or considered for offer to offenders in the criminal justice system as a means of reducing recidivism and achieving offender rehabilitation through treatment. An offender’s consent to treatment may affect decisions about diversion from the criminal justice system, sentence or parole, and so hope for a preferable treatment in the criminal justice system may influence the offender’s consent. This thematic analysis of three focus group interviews conducted in Canada (...) with members of the public investigates how the public views the use of biomedical treatments within the criminal justice system, and the practice of encouraging offender consent to biomedical treatment through the hope of a reduced criminal sentence. The public focus group discussions followed a semi-structured interview guide, and were based on two hypothetical case examples involving individuals choosing whether to consent to a range of cocaine addiction or anti-libidinal treatments respectively in the hope of receiving a more lenient sentence. The discussions covered a wide range of themes, and here we present the participants’ evaluations of this type of biomedical treatment offer in light of three key theoretical sentencing objectives: the promotion of public safety, the infliction of retributive punishment, and the rehabilitation of offenders. We conclude that public safety was the predominant concern of the participants when evaluating biomedical treatment offered at the time of sentencing to offenders who had committed serious crimes. Another important observation was that the public tended to reframe and evaluate biomedical interventions in terms of retribution and punishment, rather than rehabilitation and reform. (shrink)

In Avant Garde: An American Odyssey from Gertrude Stein to Pierre Boulez, Stockhausen specialist Robin Maconie reconsiders the role of music and music technology through careful examination of key modern concepts with respect to time, existence, identity, and relationship as formulated by such thinkers as Einstein, Russell, Whitehead, and Gertrude Stein, along with Freud, Schoenberg, Wittgenstein, and Marcel Duchamp.

Di er ci Qimeng (The second Enlightenment), by Wang Zhihe and Fan Meijun, is a timely book in Chinese about constructing a philosophical and practical way to contend with China's postmodernization. It combines Whitehead's process philosophy with a focus on Chinese modernity in order to map out a desirable postmodern society. It addresses the problem on several dimensions from policy making to basic value systems. The range of themes can be seen from the topics of the book's twelve chapters: (...) (1) Reverence for Land—Toward a Constructive Postmodern Agriculture; (2) Becoming Fully Human—Toward a Postmodern Organic Education; (3) Survival of the Harmonious-Toward a Constructive Postmodern Harmonious Culture; (4) Beauty .. (shrink)

Philosophy Compass, Volume 17, Issue 4, April 2022.

People disagree about the causes of social inequality and how to most effectively intervene in them. These may seem like empirical questions for social scientists, not philosophers. However, causal explanation itself depends on broadly normative commitments. From this it follows that (moral) philosophers have an important role to play in determining those causal explanations. I examine the case of causal explanations of poverty to demonstrate these claims. In short, philosophers who work to reshape our moral expectations also work, on the (...) back end, to restructure acceptable causal explanations—and hence solutions—for social inequality. Empirical and normative inquiry, then, are a two-way street. (shrink)

Process and Reality, Whitehead’s magnum opus, is one of the major philosophical works of the modern world, and an extensive body of secondary literature has developed around it. Yet surely no significant philosophical book has appeared in the last two centuries in nearly so deplorable a condition as has this one, with its many hundreds of errors and with over three hundred discrepancies between the American and the English editions, which appeared in different formats with divergent paginations. The work (...) itself is highly technical and far from easy to understand, and in many passages the errors in those editions were such as to compound the difficulties. The need for a corrected edition has been keenly felt for many decades. (shrink)

David Lewis is widely credited with the first formulation of common knowledge and the first rigorous analysis of convention. However, common knowledge and convention entered mainstream game theory only when they were formulated, later and independently, by other theorists. As a result, some of the most distinctive and valuable features of Lewis' game theory have been overlooked. We re-examine this theory by reconstructing key parts in a more formal way, extending it, and showing how it differs from more recent game (...) theory. In contrast to current theories of common knowledge, Lewis' theory is based on an explicit analysis of the modes of reasoning that are accessible to rational individuals and so can be used to analyse the genesis of common knowledge. Lewis' analysis of convention emphasises the role of inductive reasoning and of salience in the maintenance of conventions over time. Footnotes Earlier versions of this paper were presented at the 13th Amsterdam Colloquium at the University of Amsterdam, at a workshop on social norms at Wissenschaftskolleg zu Berlin, and at seminars at Tilburg University and the University of Bristol. We are grateful for comments from participants at those meetings, from two anonymous referees, and from Michael Bacharach, Nick Bardsley, Cristina Bicchieri, Luc Bovens, Simon Grant, David McCarthy, Shepley Orr, Brian Skyrms, Peter Vanderschraaf, Peter Wakker and Jörgen Weibull. Robert Sugden's work was supported by the Leverhulme Trust. (shrink)

'Transgender’ is often described either as an identity, or else as the full spectrum of gender nonconformity. In this essay, I suggest that these descriptions do not align with the conceptual labor that we often ask ‘transgender’ to do: highlighting people who engage in forms of self-directed gender nonconformity that are heavily penalized.

Arrogance is traditionally regarded as among the worst of human vices. Kant’s discussion of one kind of arrogance as a violation of the categorical moral duty to respect other persons gives familiar support for this view. However, I argue that what Kant says about the ways in which another kind of arrogance is opposed to different kinds of self-respect reveals how profoundly vicious arrogance can be. As a failure of self-respect, arrogance is the Ur-Vice that corrupts moral agency and rational (...) judgment. As its contrary, self-respect is thus morally vital: it is the first condition of the possibility of genuine moral agency and judgment. There are also important gender dimensions to arrogance: although women are called haughty, supercilious, disdainful, even imperious or presumptuous, they are rarely called arrogant, perhaps because arrogance is an exercise of power. I consider, then, whether despite the Kantian condemnation of it, something that is properly called "arrogance" might be, in contexts of oppression, a liberatory virtue of self-respect that oppressed peoples ought to cultivate. (shrink)

In many cultures arrogance is regarded as a serious vice and a cause of numerous social ills. Although its badness is typically thought to lie in its harmful consequences for other persons and things, I draw on Kant to argue that what makes it a vice is first and foremost the failure to respect oneself. But arrogance is not only a problem inside individuals. Drawing on feminist insights I argue that it is a systemic problem constructed in and reinforcing unjust (...) distributions of social power. I identify ways in which arrogance is connected with social arrangements of domination and subordination, then discuss implications of a power-focused analysis Among the implications: (1) contrary to the widely-held view, humility is not the personal virtue opposing arrogance, self-respect is; (2) arrogance is not always a vice, for in circumstances of oppression a certain kind of arrogance is a virtue of self-respecting resistance to domination. (shrink)

The first principle of chemical composition is that elements are actually present in their compounds. It is a golden thread running through the history of compositional thinking in chemistry since before the chemical revolution. Opposed to this principle, which I call Actually Present Elements (APE), is the idea that elements are merely potentially present in their compounds: although not actually present, it is possible to recover them. In this paper I follow that golden thread, and then discuss the status of (...) APE itself: is it true? What arguments were there for it, and when? I argue that APE is a metaphysical principle, albeit at a lower level of generality and abstraction than the term ‘metaphysical’ usually suggests. I critically examine a range of different views on how metaphysical principles might be involved in research programmes in empirical science, and conclude by endorsing Elie Zahar’s view that metaphysical principles such as APE are to be found at the very heart of science. Moreover, they can be recipients of empirical support just like other parts of scientific theory. (shrink)

For Kant and for feminists, self-respect is a morally central and morally powerful concern. In this paper I focus on some questions about the relation of self-respect to two other stances toward the self, humility and arrogance. Just as arrogance is usually treated as a serious vice, so humility is widely regarded as an important virtue. Indeed, it is supposed to be the virtue that opposes arrogance, keeping it in check or preventing it from developing in the first place. I’ve (...) argued elsewhere that, on Kant’s account, arrogance is a vice of disrespect for other people and for oneself. Humility is not, however, unproblematic from a Kantian perspective, and he is more concerned to identify bad forms of it than to praise it as a virtue or recommend it as a cure for arrogance. Feminist ethics draws our attention to the ways in which character traits, attitudes, beliefs, and stances take on differential moral valences in contexts of oppression, and what might be a virtue for members of dominant groups can be vices for members of subordinate groups. How, then, are we to understand and assess humility? The upshot of Kantian and feminist analyses is two-fold: First, humility is not the virtue opposing arrogance; rather, self-respect is. Second, humility is at best an ancillary, instrumental, contextual virtue and the servant of self-respect; but at worst, it is as serious a vice as arrogance, indeed, an aspect of it. (shrink)

Biocentrism maintains that all living creatures have moral standing, but need not claim that all have equal moral significance. This moral standing extends to organisms generated through human interventions, whether by conventional breeding, genetic engineering, or synthetic biology. Our responsibilities with regard to future generations seem relevant to non-human species as well as future human generations and their quality of life. Likewise the Precautionary Principle appears to raise objections to the generation of serious or irreversible changes to the quality of (...) life of non-human species. Objections to the application of all this to new life-forms produced by synthetic biology are considered and addressed from a biocentric perspective. The bearing of biocentrism on religions is also considered, together with contrasting views about science, religion and the creation of life. (shrink)

In seeking to move beyond causal-reductivism, this book explores a variety of perspectives on the question of finding inherent meaning in madness and extreme states.

In recent years philosophers have done impressive work explicating the nature and moral importance of a kind of self-respect Darwall calls “recognition self-respect,” which involves valuing oneself as the moral equal of every other person, regarding oneself as having basic moral rights and a legitimate claim to respectful treatment from other people just in virtue of being a person, and being unwilling to stand for having one’s rights violated or being treated as something less than a person. It is generally (...) agreed that such self-respect is something all persons have a right to and ought to have and that it is morally objectionable for a person or a society to preclude or injure someone’s self-respect. But scant attention has been paid to another kind of self-respect, the kind that has to do not with the fact that you are a person but with the kind of person you are, that has to do not with rights but with character. I call this kind of self-respect “evaluative self-respect.” The central task of this paper is to explicate the moral value of evaluative self-respect. I do this by looking at the role it plays in the life of someone who is sincerely concerned to be a good person. This is not to deny that evaluative self-respect can go wrong, and I look at how it can go wrong. In particular, evaluative self-respect is, like everything else in human life, vulnerable to the distorting forces of oppression. But, I argue, evaluative self-respect can have moral value even when it goes wrong, and it can be a liberatory resource in the lives of the oppressed. (shrink)

A book for nurses, doctors and all who provide end of life care, this essential volume guides readers through the ethical complexities of such care, including current policy initiatives, and encourages debate and discussion on their controversial aspects. dived into two parts, it introduces and explains clinical decision making-processes about which there is broad consensus, in line with guidance documents issued by WHO, BMA, GMC, and similar bodies. The changing political and social context where 'patient choice' has become a central (...) idea, and the broadened scope of potients' best interests, have added to the complexity of decision-making in end of life care. The authors discuss issues widely encountered by GPs, nurses, and hospital clinicians. These include patient choice, consent, life-prolonging treatment, and symptom relief including sedation. Part rwo explores the more controversial current end of life care initiatives, such as advance care planning preferred place of care and death, euthanais and assited suicide, extended ideas of 'best interests', and the view that there are therapeutic duties to the relatives of Throughout their discussion the authors draw attention to loose ends and contradictions in some of the proposals. Examining the current policy of comsumerist choice, they reject its place in the health service, proposing a a realistic, fair, humane and widely adoptable system of end of life care. As knowledge of ethical theories is required in training courses, and the vocabulary of ethical theory is widespread in current discussions a substantial appendix on ethical theories and terms is available online. Written by the same authors as The Philosophy of Palliative Care: Critique and Reconstruction, which won the Medical Journalists' Association Specialits Book Award 2007, this new book for non-specialists is essential reading for all health care professionals involved in providing end of life care. (shrink)

I defend an account of moral responsibility for implicit bias that is sensitive to both normative and pragmatic constraints: an acceptable theory of moral responsibility must not only do justice to our moral experience and agency, but also issue directives that are psychologically effective in bringing about positive changes in judgment and behavior. I begin by offering a conceptual genealogy of two different concepts of moral responsibility that arise from two distinct sources of philosophical concerns. We are morally responsible for (...) our actions in first sense only when those actions reflect our identities as moral agents—that is, when they are attributable to us as manifestations of our character, attitudes, ends, commitments, or values. On the other hand, we are responsible in the second sense when it is appropriate for others to enforce certain demands and expectations on those actions—in other words, to hold us accountable for them. I argue that we may sometimes lack attributability for actions caused by implicit bias, but that even then we are still accountable for them. Next, I expand beyond individual actions at a particular time to patterns of action across time, to consider what we can reasonably be expected to do when it comes to avoiding and eliminating implicit bias in our selves. By thinking of these expectations as grounded in imperfect duties, I show, we can expand our moral repertoire to include non-appraising critical moral responses, in addition to appraisal-based responses such as blame and punishment. Finally, I move beyond the actions of individuals to address the question of responsibility for eliminating the social conditions that breed implicit biases in the first place. I argue that accountability requires us not only to conform to a system of demands and expectations, but also to collectively organize to reform the system itself. By elaborating these multiple dimensions of moral responsibility—attributability versus accountability, particular versus patterns of action, individual versus collective—I demonstrate that the project of developing better practices of moral responsibility is continuous with, and thus contributes to, larger struggles for social equality and justice. (shrink)

First of all, I have spoken so far of the history of Greek thought. It would be more correct to speak of Graceo-Roman thought. Certainly, the Latins were not inventors, in science or in philosophy. But, if one thinks of what our knowledge of Greek ...

Swear words of English and French, both real and fictional ones, significantly tend to contain the least sonorous consonants, compared to the rest of the lexicon. What can explain the overrepresentation of such sounds among swear words? This might be a case of sound symbolism, when sounds are unconsciously associated with a meaning. We examine the pragmatic vs. semantic nature of the meaning involved, as well as two explanations in terms of iconicity. This unusual sound-meaning pairing would involve an emotional-contextual, (...) non-truth-conditional meaning, and be powerful enough that it influences a strong sociolinguistic convention – which words are swear words and which ones are not – suggesting that sounds convey meaning in yet unsuspected ways. (shrink)

This question might seem odd, but it is, nevertheless, directly relevant to our life today. My intention is to bring ancient Daoist philosophy into a conversation about the challenges that technology poses. Today, cutting-edge technologies do not exist just in research labs but have already easily penetrated all aspects of our lives. It is difficult to argue that we do not yet inhabit a world with Artificial Intelligence, for it has become a pervasive and effective technology woven into the fabric (...) of everyday living. (shrink)

The first half of this paper replies to three postmodernist challenges to belief in objective intrinsic value. One lies in the claim that the language of objective value presupposes a flawed, dualistic distinction between subjects and objects. The second lies in the claim that there are no objective values which do not arise within and/or depend upon particular cultures or valuational frameworks. The third comprises the suggestion that belief in objective values embodies the representational theory of perception. In the second (...) half, a defence is offered of belief in objective intrinsic value. Objectivists hold that axiological properties supply interpersonal reasons for action for any relevant moral agent. The intrinsically valuable is understood as what there is reason to desire, cherish or foster in virtue of the nature of the state or object concerned. The concept of intrinsic value is shown to be instantiated, and defended against a range of criticisms. (shrink)

New techniques in genome editing have led to a controversial debate about the opportunities and uncertainties they present for agricultural food production and consumption. In July 2018, the Court of Justice of the European Union defined genome editing as a new process of mutagenesis, which implies that the resulting organisms count as genetically modified and are subject, in principle, to the obligations of EU Directive 2001/18/EG. This paper examines how key protagonists from academia, politics, and the economy strategically framed the (...) debate around genome editing in agriculture in Germany prior to its legal classification by the Court of Justice. It is based on an analysis of 96 official statements, including position papers, press releases, and information brochures. Our study reveals eight strategic frames used in the discourse on genome editing and uncovers the strategies used to disconnect from or connect with the previous discourse on green genetic engineering in the 1970s, 1980s and 1990s. Building on competitive framing theory, the study provides explanations for the use and emergence of counter-framing strategies and their success or failure in the debate around genome editing. (shrink)

Women’s entry into the legal academy in significant numbers—first as students, then as faculty—was a 1970s and 1980s phenomenon. During those decades, women in law schools struggled: first, for admission and inclusion as individual students on a formally equal footing with male students; then for parity in their numbers in classes and on faculties; and, eventually, for some measure of substantive equality across various parameters, including their performance and evaluation both in and in front of the classroom, as well as (...) in the quality of their experiences as students and faculty members and in the benefits to be reaped from their tenure. This part of the story of women’s entry into the legal academy in the 1970s and 1980s—a story of attempted admission, then inclusion, then integration and assimilation, and then, finally, equality—is now a familiar one, at least in broad outline. It is not, in its entirety, an uplifting story. According to a raft of articles produced by women law students in the 1980s, 1990s, and 2000s, women law students during those decades participated less in the classroom, were called on and responded to differently when they did participate, suffered from more law-school-induced anxiety disorders and other mental health issues, graduated with lower GPAs and less law review experience, published fewer notes and filled fewer editorial positions on those journals, held fewer leadership positions overall while in law school, and had far more difficulties connecting with mentors, teachers, and would-be recommenders among the faculty than male students. Women law professors during those decades were tenured at significantly lower rates than men and, particularly at high prestige schools and at schools with fewer female faculty among the tenured ranks, were hired at lower rates that did not reflect their number in the pool of qualified applicants, had trouble asserting or maintaining authority in the classroom or being perceived as having authority, taught lower-prestige courses and received low teaching evaluations, and, like their students, were published far less frequently in the major and most prestigious law reviews. Much of this, albeit not all, has not changed much for either students or faculty. As women in law schools enter the posttenure and midcareer phase, many of the old problems persist while new ones appear: women faculty are invited to participate on panels less often than men, and both women students and faculty are underrepresented as authors in law reviews. Although gender-neutral parental leave is now available to faculty at most law schools, many such policies are still ad hoc. There is considerable worry, although no hard evidence, over whether men disproportionately use the time off to write rather than care for children. Women are still disproportionately overrepresented in some fields and underrepresented or unrepresented in others, and those fields correlate in unsurprising ways with levels of prestige: the more women in a field, the less prestigious. As elsewhere in the workforce, women faculty in legal education suffer from sexual harassment, most of which is unremedied. Women still suffer a pay gap in law schools that remains unaddressed at most universities, as it does elsewhere in academia. There is a sizeable literature on these depressing phenomena that stubbornly do not seem to abate. In these comments, however, I want to focus on another, less appreciated, part of the story of women’s entry into the legal academy in the 1970s and 1980s: the emergence of a body of scholarship—sometimes called feminist legal theory—produced by some of these women legal scholars over the same time period. The story I want to focus on, in other words, is not that of second- or third-wave women’s struggles within the academy, either for admission, acceptance, assimilation, or equality in law schools. Rather, this Article focuses on the story of the scholarship some of those second-wave assimilated women produced once they got there. Feminist jurisprudence, understood largely as scholarship on issues pertaining to gender equality, was launched in the 1970s, endures today, and continues to shape debates. Feminist legal theory, however, was in effect a subfield within feminist jurisprudence and, as its name implies, was an attempt to fashion a broad- based theoretical account of the relationship of law in liberal legal regimes to women’s subordination, patriarchy, and gender and sexual inequality— particularly in a post–civil rights era, when women enjoyed broad access to rights of formal equality, reproductive liberty, and liberal antidiscrimination law. Feminist legal theory so understood—a body of scholarship in search of a theoretical understanding of the relation of law to women’s subordination or, more simply, of law and patriarchy—was birthed in the 1970s, nurtured in the 1980s, and matured in the 1990s. I suggest in this Article that it is now seemingly in decline, and may soon disappear altogether. The reasons for this trajectory, I believe, are to date unexplored. Some reasons are fairly self-evident. Feminist legal theory was a product of three time-specific factors peculiar to the 1970s and 1980s: it reflected the political and the legal struggles of second-wave feminism. The critical theory schools were, to varying degrees, present or thriving in the academy in the 1970s and 1980s, within which feminist legal theory was birthed, grew, and then coexisted with critical theory, albeit at times very uneasily; and this feminist theory reflected second-wave women faculty and students’ mixed experiences of assimilation, success, and alienation in law schools themselves, as briefly recited above. Those three factors—the background politics, the presence of critical theory in law schools, and the differences in women’s experience of those schools—are all themselves either disappearing or dissipating in felt urgency, albeit in different ways and at different speeds, and that dissipation clearly is a part of the story of feminist legal theory’s decline. There are other reasons for its decline as well, however. Some are internal to feminism and feminist theory, and some pertain to the changing nature of legal scholarship from the 1980s to the present. I explore these reasons in Part II below. The story of the development of a distinctively feminist legal theory during the 1970s through the 1990s, and the story of its decline in the 2000s, is of obvious relevance to the history of second- and third-wave feminism. It should also be of interest for what it reveals about the nature of legal scholarship as it was understood, received, and produced in those decades. Its decline likewise reveals something about the changing nature of legal scholarship and the legal academy today. Thus, one conclusion I draw is that the feminist legal theory of the 1970s through the 1990s—regardless of the truth or lasting power of its claims—stands as an example of a type of legal scholarship that was somewhat distinctive to those decades. That form of legal scholarship, furthermore, likely can only emanate from the legal academy. For a host of reasons, we are currently in danger of losing this entire genre of intellectual work, which would be the polity’s loss, not just feminism’s or the legal academy’s. (shrink)

ArgumentDespite the fact that “empathy” is often simply used as a translation ofEinfühlung, the two terms have distinct meanings and distinct disciplinary affiliations. This text considers the manner in which the moving image invites spatial forms of engagement akin to those described both by historical accounts ofEinfühlung, a form of engagement that pertains not only to the activities of humans represented within images, but also to the aesthetic qualities of images in a more abstract sense and to the forms to (...) be found there. (shrink)

Do human rights make sense? They have been central to post-war political life, and our picture of moral self. But this is being eroded, Holt argues, and with it the viability of human rights discourse. The pre-social individual and its mental armoury is being challenged by an increasing awareness of genealogical forces in which the self is less a lone claimant than an exponent or rebel. Using Wittgenstein's philosophy, this book considers the liberal position on human rights, along with the (...) communitarian and pragmatic attacks, and challenges the intelligibility of each from the perspective of what it is to be a language user. _Wittgenstein, Politics and Human Rights_ argues that moral relations are not dead; but that their life resides with the on-going relations of selves governed by universal principles. (shrink)

ABSTRACT The concepts of experience and experiential learning are of critical significance in both the study and practice of adult education. Adults are seen as uniquely characterised by their experience, experiential learning an alternative to didactic and knowledge-based modes of education. In this paper a critique is presented of the powerful discourse of the autonomous subject based on humanistic psychology which, it is argued, has shaped adult education in a misleading, inappropriate and unhelpful way. A postmodern perspective drawing on Continental (...) philosophy is utilised. The ‘situated’ subject provides a conception of subjectivity and experience which preserves a needed dimension of agency whilst avoiding psychologism and individualism. (shrink)