One important test of adequacy for a theory of welfare is completeness. To be complete a theory must cover ill-being as well as well-being. Call this the ill-being test for a theory. The author’s aim in this article is to determine how well equipped the leading theories of welfare are to pass this test. The author reaches three modest conclusions: passing the test is not straightforward for any theory; on the whole, subjective theories do better than objective ones; within the (...) subjective category experiential theories do better than desire theories. (shrink)

The United Nations human rights system has in recent years been divided on the question as to whether coercive care interventions, including coercive psychiatric care, can ever be justified under UN human rights standards. Some within the UN human rights community hold that coercive care can comply with human rights standards, provided that the coercive intervention is a necessary and proportionate means to achieve certain approved aims, and that appropriate legal safeguards are in place. Others have held that coercive care (...) is never justified. Disagreement over this issue has produced an impasse in the UN human rights system. We survey the impasse with particular attention to the legal arguments that inform the divergent positions. In doing so we introduce a distinction among a variety of different ‘abolitionist’ positions regarding coercive care, and draw a distinction between ‘non-consensual’ and ‘coercive’ treatment. We conclude with three proposals for moving beyond the current impasse. (shrink)

It is customary to identify transcendental philosophy as the distinctive and original invention of Immanuel Kant. Certainly this was a view that Kant himself did much to encourage. But this chapter argues that traces of the transcendental strategy can be found already among the ancients. One such ancient precedent is associated with the Stoic doctrine of oikeiosis. It is argued that oikeiosis is best understood as a form of normative orientation associated with 'being at home (oikos)' in one's body and (...) environment, and that it involves a distinctive form of ontological self-consciousness. This chapter assesses the merits of Stoic claims that oikeiosis figures as a condition on the possibility of desire (Cicero), pleasure (Diogenes), and even perception (Hierocles), and the chapter considers the case for describing these arguments as examples of transcendental investigation. (shrink)

Charles Hartshorne: Biography and Psychology of Sensation Charles Hartshorne is widely regarded as having been an important figure in twentieth century metaphysics and philosophy of religion. His contributions are wide-ranging. He championed the aspirations of metaphysics when it was unfashionable, and the metaphysic he championed helped change some of the fashions of philosophy. He counted … Continue reading Hartshorne: Biography and Psychology of Sensation →.

In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and debate (...) the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice. (shrink)

Thirteen (largely) thematically unconnected essays dealing with some ultimate, but not esoteric, questions in modern metaphysical epistemology.

_Leading scholars engage the later contributions of Maurice Merleau-Ponty._.

This book attempts to give a comprehensive examination of the principal philosophical issues associated with the AIDS pandemic and in particular with the radical challenges that global diseases raise for modern society and political systems. The thesis of the book is that AIDS is but a part of a wider environmental and social crisis that not only challenges received opinion about the relationships between humantiy, technology and the environment, but challenges the ecological adaptability of modern social and political system. The (...) challenge posed by AIDS, and other diseases likely to appear in the next century, are explored in detail. (shrink)

Strategies for dealing with problems and making decisions in a moral way.

We undertake to bring a phenomenological perspective to bear on a challenge of contemporary law and clinical practice. In a wide variety of contexts, legal and medical professionals are called upon to assess the competence or capacity of an individual to exercise her own judgement in making a decision for herself. We focus on decisions regarding consent to or refusal of medical treatment and contrast a widely recognised clinical instrument, the MacCAT-T, with a more phenomenologically informed approach. While the MacCAT-T (...) focuses attention on individual cognitive performance criteria, an approach oriented by second-person phenomenology brings into view the complex role of time, others and identity in constituting the capacity for individual autonomous judgement. Our phenomenological analysis has consequences both for the practice of capacity assessments and for further research in this arena. Good practice in capacity assessment must attend to decision communities, distributed capacity, and temporal competence, while research on mental capacity will miss the phenomenon if it trains its focus ‘between the ears.’ We illustrate our approach by considering two recent cases of contested capacity: one involving cognitive disability in a dysfunctional decision community, the second presenting the possibility of competent decision-making under conditions of paranoid schizophrenia. (shrink)

William James's Pluralism: An Antidote for Contemporary Extremism and Absolutism explores extremism and the related problem of absolutism in the context of the psychology and philosophy of William James.

This book is written for individuals who want to learn about the philosophical foundations of political and economic freedom. It is an introduction and a guide to the principal theoretical ideas on liberty produced by the most influential and creative thinkers in history, with chapters on Adam Smith, Ludwig von Mises, and Carl Menger.

This book emphasizes the compatibility of Aristotelianism, Austrian economics, and Ayn Rand's Objectivism, arguing that particular ideas from these areas can be integrated as a potential paradigm of human flourishing and happiness in a free society. It constructs an understanding from various disciplines into a clear, consistent, and systematic whole.

The current state of mental health law in England and Wales exhibits a set of systematic antinomies. This should not be seen as a flaw of the legislation; the antinomies in law reflect an underlying antinomial structure at work where the vocations of care are practiced and regulated in a broadly liberal legal environment. The aim of this paper is to identify these antinomial structures and to deploy resources from the post-Kantian idealist tradition to diagnose them and to consider how (...) they might be managed. (shrink)

Fichte’s introduction to the Sittenlehre rather strikingly says nothing about Sitten or Sittlichkeit, nothing about Moral, virtually nothing about die Ethik. Aside from one very pregnant promissory note with no immediate bearing on ethical matters, it says nothing about the specific tasks and strategy of the book it introduces. What it provides instead is a concise statement of Fichte’s fundamental philosophical commitments and a powerful illustration of his distinctive combination of transcendental and phenomenological approaches in philosophy in general and to (...) the problems of action in particular. In approaching Fichte’s text we will do well to focus on three points: the systematic place of the text in Fichte’s corpus and in his system; Fichte’s sketch of the phenomenology and transcendental conditions of agency; and the problem of understanding the distinctive normativity of Fichte’s transcendental/phenomenological laws. (shrink)

In this review of Robert Pippin's recent book, elements of Hegel's Practical Philosophy are assessed both against opposed philosophical positions and by the guidance they offer in thinking through the practical matter of deciding what to eat.

My aim in what follows is to contribute to recent discussions concerning the place of phenomenology within the tradition of transcendental philosophy. Very broadly, the issue here is whether phenomenology aspires to provide transcendental results, and if so, whether it can hope meet those aspirations. This is a large and many-faceted question; my aim here is to explore one rather narrow slice of it. I shall for the most part confine my attention to the version of the phenomenological enterprise found (...) in Division I of Being and Time. And I shall concern myself not with the full range of questions raised by the idea of a transcendental inquiry but rather myopically with a set of questions concerning the distinctive logical modality of purported transcendental results. This modality can be identified in various ways, but we can see it at work in the oft-repeated thought that transcendental philosophy aims to identify the conditions on the possibility of certain facts or features of our experience. If A is a condition on the possibility of B, then it would seem that A must obtain, given the actuality of B. We might accordingly frame the issue as a question about the modality of necessity in the context of Heideggerian phenomenology. Even so narrowed, the issues here are still pretty large and thorny. I don’t pretend here to be able to resolve them; my hope is that I can at least sharpen the questions and perhaps thereby render them more tractable. In pursuing these issues I shall pay particular attention to a recent illuminating analysis proposed and elaborated by Taylor Carman. (shrink)

Acts of criticism characteristically display a negative and a positive dimension. I undertake a qualified defense of the thesis that both dimensions are essential, at least in the case of logical criticism – criticism that relies either implicitly or explicitly on the resources of logic. Such criticism presupposes at least a minimal grasp on what is involved in ‘getting it right’ in the domain that is subjected to critique. In making the case I distinguish between positive and negative logic. Traditional (...) logic is positive insofar as it takes as primitive a positive notion, typically truth. I consider to what extent logic might be reconstructed on an exclusively negative basis – as a tool for avoiding falsity and fallacy. Negative logic faces serious obstacles which suggest a prima facie case that logical criticism is essentially, not just accidentally, positive. (shrink)

I investigate Stoic accounts of the structure and function of self-consciousness, specifically in connection with the Stoic notion of Oikeiosis. After reviewing the tortured history of attempts to translate this ancient notion into modern terms, I set out to determine its content by identifying its inferential role in Stoic moral psychology. I then provide a reconstruction of the Stoic claim that Oikeiosis is or involves a form of self-consciousness (Chrysippus), self-sentiment (Seneca), or synæsthesia (Hierocles). I show how the Stoic conception (...) of self-consciousness differs fundamentally from modern accounts of selfconsciousness as a form of psychic self-presence or epistemic self-certainty, and I exhibit the limitations of Long’s treatment of Stoic self-consciousness as proprioception. Finally, I offer a reconstruction of the Stoic claim that self-consciousness figures as a condition on the possibility of perception and desire, providing a form of normative orientation essential for intentional determinacy. (shrink)

This essay is, in the first instance, an exercise in intellectual archaeology. My aim is to bring back into view an idiosyncratic and largely forgotten approach to the theory of judgement that was developed around 1900 by Theodor Lipps, a pioneering but now rather obscure figure from the history of psychology. But I also hope to show that Lipps’ approach to the phenomenon of judgement is not just of antiquarian interest. Accordingly, my second aim is more narrowly philosophical: I propose (...) to assess the adequacy of Lipps’ approach to judgement by testing it against two objections — one phenomenological and one logical. (shrink)

I disagree, albeit with great respect, with Don Scheid's basic proposition that preventive detention for “mega-terrorism” suspects is warranted.1 In a sense, we disagree about what constitutes prev...

This article draws on Foucault's concept of governmentality to explore how recent political moves to legalise ‘flexibility’ mobilises education authorities to make ‘community’ a technical means of achieving the political objective of schooling the child. I argue that ‘flexibility’ in this sense is a neo‐liberal strategy that shifts relations between the governed and the State. In this way, it transforms the idea of schooling from a State run institution for the purpose of ‘community building’ to a community run institution for (...) the purpose of making parents governable by both instrumentalising and institutionalising individualism through the force of community membership. Rather than a form of liberation from bureaucratic rule, the paper exposes how ‘flexibility’ acts as a normalising strategy that works with difference to entangle parents as community members in the process of schooling the child through the moral obligation of the contract. (shrink)

This study examines the relationship among digital citizenship, digital inequality, education, and electoral engagement in the unprecedented 2008 U.S. presidential election. The 2008 presidential election was unique providing an African American candidate, a severe financial crisis, and an unusually unpopular sitting president. In this regard, the presidential election provides an unparalleled political moment to examine the impact of digital citizenship on electoral engagement. Digital citizenship represents the capacity to participate in society online through frequent Internet use leading to economic, civic, (...) and political outcomes. Recent research on digital inequality questions the relationship between frequent Internet use and skill development. In addition, education is considered the “universal solvent” that makes citizens more active in political affairs. Accordingly, electoral engagement, which is strongly influenced by education, is the focal outcome for this study. Despite these concerns, digital citizenship is a significant predictor for electoral engagement in the 2008 election. However, a closer examination of digital citizens revealed that electoral engagement was differentiated by gender and education thus furthering digital inequality. Findings suggested that digital citizenship should be broadened to include a set of digital skills that are more likely to account for Internet activities that improve electoral engagement. (shrink)