Picking up the question of what FLaK might be, this editorial considers the relationship between openness and closure in feminist legal studies. How do we draw on feminist struggles for openness in common resources, from security to knowledge, as we inhabit a compromised space in commercial publishing? We think about this first in relation to the content of this issue: on image-based abuse continuums, asylum struggles, trials of protestors, customary justice, and not-so-timely reparations. Our thoughts take us through the different (...) ways that openness and closure work in struggles against violence, cruel welcomes, and re-arrangements of code and custom. Secondly, we share some reflections on methodological openness and closure as the roundtable conversation on asylum, and the interview with Riles, remind us of #FLaK2016 and its method of scattering sources as we think about how best to mix knowledges. Thirdly, prompted by the FLaK kitchen table conversations on openness, publishing and ‘getting the word out’, we respond to Kember’s call to ‘open up open access’. We explain the different current arrangements for opening up FLS content and how green open access, the sharedit initiative, author request and publisher discretion present alternatives to gold open access. Finally drawing on Franklin and Spade, we show how there are a range of ‘wench tactics’—adapting gifts, stalling and resting—which we deploy as academic editors who are trying to have an impact on the access, use and circulation of our journal, even though we do not own the journal we edit. These wench tactics are alternatives to the more obvious or reported tactic of resignation, or withdrawing academic labour from editing and reviewing altogether. They help us think about brewing editorial time, what ambivalence over our 25th birthday might mean, and how to inhabit painful places. In this, we respond in our own impure, compromised way to da Silva’s call not to forget the native and slave as we do FLaK, and repurpose shrapnel, in our common commitments. (shrink)

The interventionist account of causal explanation, in the version presented by Jim Woodward, has been recently claimed capable of buttressing the widely felt—though poorly understood—hunch that high-level, relatively abstract explanations, of the sort provided by sciences like biology, psychology and economics, are in some cases explanatorily optimal. It is the aim of this paper to show that this is mistaken. Due to a lack of effective constraints on the causal variables at the heart of the interventionist causal-explanatory scheme, as presently (...) formulated it is either unable to prefer high-level explanations to low, or systematically overshoots, recommending explanations at so high of a level as to be virtually vacuous. (shrink)

It is commonly claimed that the universality of critical phenomena is explained through particular applications of the renormalization group. This article has three aims: to clarify the structure of the explanation of universality, to discuss the physics of such RG explanations, and to examine the extent to which universality is thus explained. The derivation of critical exponents proceeds via a real-space or a field-theoretic approach to the RG. Building on work by Mainwood, this article argues that these approaches ought to (...) be distinguished: while the field-theoretic approach explains universality, the real-space approach fails to provide an adequate explanation. (shrink)

Persisting discussion, in both the academy and the wider public, about how democracy properly relates to religion is confused. All agree that religious freedom is required, but each of its two principal interpretations, separationist and religionist, commends itself by disclosing the other’s problems. Debate between the two is a standoff because both commonly assume that religions, in the sense protected by religious freedom, are or must be treated politically as immune to argumentative assessment. A third alternative is here proposed: religious (...) freedom presupposes that religions or comprehensive assessments answer a rationalquestion, and democracy is constituted as a full and free political discourse among them in order that governing decisions might be consistent with a validunderstanding of the common good. (shrink)

Persisting discussion, in both the academy and the wider public, about how democracy properly relates to religion is confused. All agree that religious freedom is required, but each of its two principal interpretations, separationist and religionist, commends itself by disclosing the other’s problems. Debate between the two is a standoff because both commonly assume that religions, in the sense protected by religious freedom, are or must be treated politically as immune to argumentative assessment. A third alternative is here proposed: religious (...) freedom presupposes that religions or comprehensive assessments answer a rational question, and democracy is constituted as a full and free political discourse among them in order that governing decisions might be consistent with a valid understanding of the common good. (shrink)

This is the most thorough philosophical analysis available of the principle of religious freedom. It draws on the thought of philosophers and political theorists (Rawls, Habermas, Murray, Rorty, Greenawalt, and Mead) rather than on the framers of the Constitution and the Bill of Rights.

This paper critiques the new mechanistic explanatory program on grounds that, even when applied to the kinds of examples that it was originally designed to treat, it does not distinguish correct explanations from those that blunder. First, I offer a systematization of the explanatory account, one according to which explanations are mechanistic models that satisfy three desiderata: they must 1) represent causal relations, 2) describe the proper parts, and 3) depict the system at the right ‘level.’ Second, I argue that (...) even the most developed attempts to fulfill these desiderata fall short by failing to appropriately constrain explanatorily apt mechanistic models. -/- *This paper used to be called "The Emperor's New Mechanisms". (shrink)

A familiar feature of our moral responsibility practices are pleas: considerations, such as “That was an accident”, or “I didn’t know what else to do”, that attempt to get agents accused of wrongdoing off the hook. But why do these pleas have the normative force they do in fact have? Why does physical constraint excuse one from responsibility, while forgetfulness or laziness does not? I begin by laying out R. Jay Wallace’s (Responsibility and the moral sentiments, 1994 ) theory of (...) the normative force of excuses and exemptions. For each category of plea, Wallace offers a single governing moral principle that explains their normative force. The principle he identifies as governing excuses is the Principle of No Blameworthiness without Fault: an agent is blameworthy only if he has done something wrong. The principle he identifies as governing exemptions is the Principle of Reasonableness: an agent is morally accountable only if he is normatively competent. I argue that Wallace’s theory of exemptions is sound, but that his account of the normative force of excuses is problematic, in that it fails to explain the full range of excuses we offer in our practices, especially the excuses of addiction and extreme stress. I then develop a novel account of the normative force of excuses, which employs what I call the “Principle of Reasonable Opportunity,” that can explain the full range of excuses we offer and that is deeply unified with Wallace’s theory of the normative force of exemptions. An important implication of the theory I develop is that moral responsibility requires free will. (shrink)

What is it about a person's becoming an adult that makes it generally inappropriate to treat that person paternalistically any longer? The Standard View holds that a mere difference in age or stage of life cannot in itself be morally relevant, but only matters insofar as it is correlated with the development of capacities for mature practical reasoning. This paper defends the contrary view: two people can have all the same general psychological attributes and yet the mere fact that one (...) person is at the beginning of a life and another in the middle of one can justify treating the younger person more paternalistically than the older one. Recognising the moral relevance of age, moreover, is crucial if one is to accommodate both the liberal moral ideal of respect for autonomy and our demanding educational aims, given that these otherwise come into conflict with one another. (shrink)

This book assembles the contributions of a distinguished group of scholars concerning the ethics of consent in theory and practice.

Just before the Scientific Revolution, there was a "Mathematical Revolution", heavily based on geometrical and machine diagrams. The "faculty of imagination" (now called scientific visualization) was developed to allow 3D understanding of planetary motion, human anatomy and the workings of machines. 1543 saw the publication of the heavily geometrical work of Copernicus and Vesalius, as well as the first Italian translation of Euclid.

Notions of care for humans and more-than-humans appear at the margins of the sustainability transformations debate. This paper explores the merits of an ethics of care approach to sustainability tr...

Prevailing ethical thinking about informed consent to clinical research is characterized by theoretical confidence and practical disquiet. On the one hand, bioethicists are confident that informed consent is a fundamental norm. And, for the most part, they are confident that what makes consent to research valid is that it constitutes an autonomous authorization by the research participant. On the other hand, bioethicists are uneasy about the quality of consent in practice. One major source of this disquiet is substantial evidence of (...) the “therapeutic misconception”—the tendency of patient-subjects in clinical trials to confuse participating in research with receiving personalized medical care. This .. (shrink)

The formal sciences - mathematical as opposed to natural sciences, such as operations research, statistics, theoretical computer science, systems engineering - appear to have achieved mathematically provable knowledge directly about the real world. It is argued that this appearance is correct.

Modern philosophy of mathematics has been dominated by Platonism and nominalism, to the neglect of the Aristotelian realist option. Aristotelianism holds that mathematics studies certain real properties of the world – mathematics is neither about a disembodied world of “abstract objects”, as Platonism holds, nor it is merely a language of science, as nominalism holds. Aristotle’s theory that mathematics is the “science of quantity” is a good account of at least elementary mathematics: the ratio of two heights, for example, is (...) a perceivable and measurable real relation between properties of physical things, a relation that can be shared by the ratio of two weights or two time intervals. Ratios are an example of continuous quantity; discrete quantities, such as whole numbers, are also realised as relations between a heap and a unit-making universal. For example, the relation between foliage and being-a-leaf is the number of leaves on a tree,a relation that may equal the relation between a heap of shoes and being-a-shoe. Modern higher mathematics, however, deals with some real properties that are not naturally seen as quantity, so that the “science of quantity” theory of mathematics needs supplementation. Symmetry, topology and similar structural properties are studied by mathematics, but are about pattern, structure or arrangement rather than quantity. (shrink)

Explains Aristotle's views on the possibility of continuous variation between biological species. While the Porphyrean/Linnean classification of species by a tree suggests species are distributed discretely, Aristotle admitted continuous variation between species among lower life forms.

The distinction between the discrete and the continuous lies at the heart of mathematics. Discrete mathematics (arithmetic, algebra, combinatorics, graph theory, cryptography, logic) has a set of concepts, techniques, and application areas largely distinct from continuous mathematics (traditional geometry, calculus, most of functional analysis, differential equations, topology). The interaction between the two – for example in computer models of continuous systems such as fluid flow – is a central issue in the applicable mathematics of the last hundred years. This article (...) explains the distinction and why it has proved to be one of the great organizing themes of mathematics. (shrink)

Libertarianism has, seemingly, always been in disrepute among philosophers. While throughout history philosophers have offered different reasons for their dissatisfaction with libertarianism, one worry is recurring: namely a worry about luck. To many, it seems that if our choices and actions are undetermined, then we cannot control them in a way that allows for freedom and responsibility. My fundamental aim in this paper is to place libertarians on a more promising track for formulating a defensible libertarian theory. I begin by (...) arguing that Robert Kane's influential formulation of libertarianism actually generates an acute worry about luck, showing specifically that Kane's recipe for solving the problem of luck and his attendant conception of the location and role of indeterminism derived from it are deeply problematic. I then offer a reformulation of libertarianism ? particularly a new conception of the location and role of indeterminism ? that is capable of avoiding the problems that beset Kane's theory and that, I argue, places libertarians on a more promising track for formulating a defensible theory. (shrink)

Comparative valuation of different policy interventions often requires interpersonal comparability of benefit. In the field of health economics, the metric commonly used for such comparison, quality adjusted life years (QALYs) gained, has been criticized for failing to respect the equality of all persons’ intrinsic worth, including particularly those with disabilities. A methodology is proposed that interprets ‘full quality of life’ as the best health prospect that is achievable for the particular individual within the relevant budget constraint. This calibration is challenging (...) both conceptually and operationally as it shifts dramatically when technology or budget developments alter what can be achieved for incapacitated individuals. The proposal nevertheless ensures that the maximal achievable satisfaction of one person’s preferences can carry no more intrinsic value than that of another. This approach, which can be applied to other domains of social valuation, thus prevents implicit discrimination against the elderly and those with irremediable incapacities. (shrink)

We give several characterizations of Schnorr trivial sets, including a new lowness notion for Schnorr triviality based on truth-table reducibility. These characterizations allow us to see not only that some natural classes of sets, including maximal sets, are composed entirely of Schnorr trivials, but also that the Schnorr trivial sets form an ideal in the truth-table degrees but not the weak truth-table degrees. This answers a question of Downey, Griffiths and LaForte.

John Locke occupies a central place in the contemporary philosophical literature on parental authority, and his child-centered approach has inspired a number of recognizably Lockean theories of parenthood.2 But unlike the best historically informed scholarship on other aspects of Locke's thought, those interested in his account of parental rights have not yet tried to understand its connection to debates of the period or to Locke's broader theory of natural law. In particular, Locke's relation to the seventeenth-century conversation about the role (...) of generation in grounding 'paternal power' is not well-known. Understanding this background is interesting in itself, but more importantly, it can provide us with a .. (shrink)

Excerpt from The Doctrine of the Freedom of the Will in Fichte's Philosophy This essay is a critical study of the doctrine of the freedom of the will, as found in Fichte's philosophy, and especially in his ethical treatises. In Part I. the attempt has been made to give a fair and just exposition of what Fichte really taught on the subject, and, in order that the exposition should be distorted as little as possible through misinterpretation, exact quotations have been (...) given wherever it seemed practicable to do so. Part II. is devoted to a critical examination of the validity of the doctrine as it is presented by Fichte. Fichte's own works are the basis of the essay, and the references are to Johann Gottlieb Fichte's Sammtliche Werke, herausgegeben von J. H. Fichte. The name of the treatise quoted from, or referred to, has been stated in each case, in order that the significance of the quotation may be the better understood. I am under special obligation to President J. G. Schurman for his encouragement, inspiration, and criticism given in the direction of the work; and to Professor J. E. Creighton, under whose efficient leadership my serious study of Fichte's philosophy was first undertaken. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.". (shrink)

Over recent years, the ‘social’ has been reclaimed in different strands of academic debate. In this paper, we facilitate a conversation between three of these strands - feminist theory, late modern sociology and social capital theory - to draw attention to the problematic nature of the claims that social capital theories make for feminist theory and politics. We introduce two papers, by Lisa Adkins and Barbara Misztal, which provide distinct but related responses to the challenge of reclaiming the social. We (...) point to three themes that they have in common, but which they define and respond to differently: the ‘social’ and the public/private divide; politics and the relationship to the world; and the temporality of social theory. We end with our reflections on the importance of this conversation, exploring how realignments in the relationships between theoretical and empirical concerns have the potential to reinvigorate the relationship between feminist theory and politics. (shrink)

The late scholastics, from the fourteenth to the seventeenth centuries, contributed to many fields of knowledge other than philosophy. They developed a method of conceptual analysis that was very productive in those disciplines in which theory is relatively more important than empirical results. That includes mathematics, where the scholastics developed the analysis of continuous motion, which fed into the calculus, and the theory of risk and probability. The method came to the fore especially in the social sciences. In legal theory (...) they developed, for example, the ethical analyses of the conditions of validity of contracts, and natural rights theory. In political theory, they introduced constitutionalism and the thought experiment of a “state of nature”. Their contributions to economics included concepts still regarded as basic, such as demand, capital, labour, and scarcity. Faculty psychology and semiotics are other areas of significance. In such disciplines, later developments rely crucially on scholastic concepts and vocabulary. (shrink)

Despite growing scientific interest in the placebo effect and increasing understanding of neurobiological mechanisms (Finniss et al. 2010), theoretical conceptualization of the placebo effect remains primitive (Miller, Colloca, and Kaptchuk 2009). Mechanistic research on this phenomenon appears largely free-floating, with little guidance by any systematic theoretical paradigm. A partial explanation is the pervasive conceptual confusion that characterizes thinking about the placebo effect. The philosopher of science Adolf Grunbaum noted that "the medical and psychiatric literature on placebos and their effects is (...) conceptually bewildering, to the point of being a veritable Tower of Babel" (Grunbaum 1994, p. 286). .. (shrink)

Strangers to Nature brings together many of the leading scholars who are working to redefine and expand the discourse on animal ethics. This volume will engage both scholars and lay-people by revealing the breadth of theorizing about the human/non-human animal relationship that is currently taking place.

Contributions to this volume examine three main areas relating to the metaphysics of Thomas Aquinas: the foundation of metaphysics within Thomism; the use of metaphysics in fundamental philosophical issues within Thomism; and the use of metaphysics in central theological issues.

When a company raises its share price by sacking workers or polluting the environment, it is avoiding paying real costs. Accountancy, which quantifies certain rights, needs to combine with applied ethics to create a "computational casuistics" or "moral accountancy", which quantifies the rights and obligations of individuals and companies. Such quantification has proved successful already in environmental accounting, in health care allocation and in evaluating compensation payments. It is argued that many rights are measurable with sufficient accuracy to make them (...) credible and legally actionable. (shrink)

The purpose of Parts and Places, say Casati and Varzi in their introduction, is to construct “a theory of our spatial competence,” a theory that will lay bare how we conceive of space and the things that lie within it. Its purpose, then, is psychological, not metaphysical. Its object of study is not space. It is not the things that lie within it. Rather its object of study is us. In this regard, Parts and Places is at best a mixed (...) success. (shrink)

In this paper I offer a new interpretation of the philosophical method of the "Meno." In the opening discussion of the dialogue, Plato introduces a restriction on answers in dialectical inquiry, which I call the Dialectical Requirement (DR). The DR is applied twice in the "Meno," in different ways (75d5-7, 79d1-3). In the first section of the paper, I argue that the two applications of the DR represent the beginning and end of dialectic. This shows that dialectical inquiry starts from (...) our linguistic competence with the name of the property we investigate, and ends only when we have an account saying what is common to and explanatory of the bearers of that property. Dialectic begins in our ordinary ability to speak and think about the world, and ends in genuine grasp of the underlying causes of nature. In the second section, I describe the resources of linguistic competence, and their role in dialectical progress. Our linguistic competence with the name of a property enables us to make a wide variety of statements about the property and its bearers in ordinary discourse. In dialectic, these ordinary statements act as a portfolio in which the property under investigation is presented to us writ large, through its instances, types, species, etc. We seek to develop an account that says what is common to, and explanatory of the phenomena in the portfolio. When an account is inconsistent with one of the things we tend to say, this demands revision either in the account, or in the portfolio of statements. In this way, the process by which we develop our account also helps to organize and revise the statements in our portfolio so that they and the account ultimately form a coherent, explanatory body of statements. (shrink)

The philosophy of mathematics has largely abandoned foundational studies, but is still fixated on theorem proving, logic and number theory, and on whether mathematical knowledge is certain. That is not what mathematics looks like to, say, a knot theorist or an industrial mathematical modeller. The "computer revolution" shows that mathematics is a much more direct study of the world, especially its structural aspects.