Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts (...) and the legislative apparatus. Law is also a key institution for overcoming contracting uncertainties. It is furthermore a part of the power structure of society, and a major means by which power is exercised. This argument is illustrated by considering institutions such as property and the firm. Complex systems of law have played a crucial role in capitalist development and are also vital for developing economies. (shrink)

The economic theory of contract is being reshaped in ways which resonate with the findings of socio-legal contract scholars and of industrial economists and sociologists in the Marshallian tradition, who emphasise the 'embeddedness' of organizations within their social and cultural environment. Contractual co-operation is seen as depending on institutional factors which serve to enhance 'trust', and arrangements which in the past were criticized as the product of collusion are being reassessed as potentially efficient responses to market failure. An active debate (...) has begun on how instruments of public policy can best be deployed to arrive at an effective balance between co-operation and competition. This affects both the competitiveness of private sector organizations and the success of deregulatory reforms in the public sphere. These issues are explored within four main areas: developments in private-sector contracting; contract and organization in the public sector; the economics of contract law; and competitiveness and competition policy. (shrink)

A vast amount of empirical research has been compiled on labor laws yet more is called for in view of the rapid changes occurring in this field. This article discusses the attempts to individualize the relationship, as well as make labor markets more flexible. A sociological perspective on the post-war situation viewed the industrial system as stable and self-adjusting. The article emphasizes the emergence of new data sources and methods and considers the role of theory in shaping the empirical research (...) agenda. Labor legislations only provide the structure within which collective bargaining would occur, while abstaining from directly influencing the outcome. This article reviews the state of the art on a number of substantive issues: the law governing collective labor relations; minimum wage laws; employment protection legislation; the operation of labor courts and alternative dispute resolution mechanisms; and the relationship between labor law and corporate governance systems. (shrink)

Simone Weil (1909-1943) was a defining figure of the twentieth century; a philosopher, Christian, resistance fighter, anarchist, feminist, labor activist and teacher. She was described by T. S. Eliot as "a woman of genius, of a kind of genius akin to that of the saints," and by Albert Camus as "the only great spirit of our time." Originally published posthumously in two volumes, these newly reissued notebooks, are among the very few unedited personal writings of Weil's that still survive today. (...) Containing her thoughts on art, love, science, God and the meaning of life, they give context and meaning to Weil's famous works, revealing a unique philosophy in development and offering a rare private glimpse of her singular personality. (shrink)

Simone Weil is one of the most profound thinkers of the twentieth century. Her writings encompass an extraordinary breadth of subjects, including philosophy, religion, sociology, and politics. A political activist and resistance fighter, her accomplishments are even more astonishing in light of her death in 1943 at the age of thirty-four. Whilst Weil was concerned with deep philosophical questions - the nature of human thought and human faculties, the limits of language, and thought's contact with reality through mediation, science and (...) beauty - the full significance of her work has frequently been obscured by her categorization as a purely religious writer or Christian mystic. Simone Weil: Basic Writings is an expertly edited anthology of her most important writings, presenting Weil's philosophy as it relates to politics, the nature of work, human nature in its duality, necessity, beauty and goodness. D. K. Levy and Marina Barabas have translated all the extracts anew, including translations of important notes and references missing from existing English language editions of Weil's work. Following an extensive introduction by D. K. Levy which places Weil's life and thought in context, each section opens with a short introduction situating the chosen passages within Weil's oeuvre. Simone Weil: Basic Writings is an outstanding starting point for anyone seeking an introduction to Weil's philosophy, and also essential reading for students and scholars of Weil's thought in related disciplines. (shrink)

Into wrestling with that question, Simone Weil put the very substance of her mind and temperament.

"What is required if men and women are to feel at home in society and are to recover their vitality? Into wrestling with that question, Simone Weil put the very substance of her mind and temperament. The apparently solid edifices of our prepossessions fall down before her onslaught like ninepins, and she is as fertile and forthright in her positive suggestions . . . she can be relied upon to toss aside the superficial and to come to grips with the (...) essential and the profound." -- Time Literary Supplement. (shrink)

Gravity and Grace was the first ever publication by the remarkable thinker and activist, Simone Weil. In it Gustave Thibon, the priest to whom she had entrusted her notebooks before her untimely death, compiled in one remarkable volume a compendium of her writings that have become a source of spiritual guidance and wisdom for countless individuals.

Simone Weil's Leçons de Philosophie are derived from a course she taught at the lyce;e for girls at Roanne in 1933-4. Anne Reynaud-Gue;rithault was a pupil in the class; her notes are not a verbatim record but are a very full and, as far as one can judge, faithful rendering, often catching the unmistakable tone of Simone Weil's voice as well as the force and the directness of her thought. The lectures form a good general introduction to philosophy, ranging widely (...) over problems about perception, mind, language, reasoning and problems in moral and political philosophy too. Her method of presentation is a characteristic combination of abstract argument, personal experience and literary or historical reference. Peter Winch points out in his introduction to the book some of the more systematic connections in her philosophical work (and between this philosophical work and her other concerns), and makes a number of suggestive comparisons between Simone Weil and Wittgenstein. The translation is by Hugh Price from the Plon edition of 1959. Dr Price has added some notes to explain references in the text that might be unfamiliar to English speaking students beginning philosophy. (shrink)

自史蒂芬·霍金(Stephen Hawking) 的暢銷科普著作《時間簡史》(以下簡稱《簡史》) 在上世紀八十年代末問世以來，至今天二十一世紀，華人基督教界就他宇宙無起點的論述仍有相當之評論，但可惜對評論未有綜合分析。評論者因寫作目的，也甚少交代霍金宇宙學的來龍去脈。故本文嘗試略述霍金宇宙學的歷史 背景及發展經過，繼而舉出華人基督教界的評論，帶出其獨特性，並提出商確的地方，以反省未來可行路向。.

This thesis defends egalitarianism about knowledge and belief, on which neither is understood in terms of the other, from what I call the abductive argument. This argument is meant to favour views opposed to egalitarianism: doxasticism, on which knowledge is understood in terms of belief, and epistemicism, on which belief is understood in terms of knowledge. The abductive argument turns on the idea that doxasticism and epistemicism, by contrast with egalitarianism, explain certain data about knowledge and belief. I argue, however, (...) that no versions of doxasticism and epistemicism currently on offer are preferable to egalitarianism on abductive grounds. As part of my argument, I also defend the claim that knowledge, by contrast with belief, is an attitude to a fact and explore the implications of this claim for doxasticism and epistemicism. (shrink)

In Intimations of Christianity Among the Ancient Greeks , Simone Weil discusses precursors to Christian religious ideas which can be found in ancient Greek mythology, literature and philosophy. She looks at evidence of "Christian" feelings in Greek literature, notably in Electra, Orestes, and Antigone , and in the Iliad , going on to examine God in Plato, and divine love in creation, as seen by the ancient Greeks.

Encountering Derrida explores the points of engagement between Jacques Derrida and a host of other European thinkers, past and present, in order to counter recent claims that the era of deconstruction is finally drawing to a close. The book rereads Derrida in order to renew deconstruction's various conceptions of language, poetry, philosophy, institutions, difference and the future. This impressive collection of essays from the world's leading Derrida scholars re-evaluates Derrida's legacy and looks forward to the possible futures of deconstruction by (...) confronting various challenges to Derrida's thought. Collectively, the essays argue that Derrida must be read alongside others , an approach that produces some surprising new accounts of this challenging critical thinker. _ _. (shrink)

Philosophe politique et intellectuel engage dans la vie des idées aux Etats-Unis comme dans le monde, Michael Walzer est l'un des penseurs de la société parmi les plus stimulants a l'époque contemporaine. Son oeuvre défriche des pistes nouvelles de réflexion dans les domaines du politique, de la justice sociale, de la morale ou de l'identité culturelle. En même temps, Walzer, dont la pensée s'est forgée lors des luttes pour l'égalité des droits civiques aux USA et contre la guerre du Vietnam (...) dans les années 1960, poursuit une activité féconde d'animation du débat public à travers sa revue Dissent. Dans cet essai, Simon Wuhl a souhaité éclairer une autre dimension de la pensée de Michael Walzer : la relation étroite avec la pensée juive, dont les potentialités d'universalisation sont une référence majeure dans la plupart de ses écrits. Qu'elle s'exprime ouvertement comme dans son article emblématique sur " Les deux universalismes ", ou en arrière-fond comme dans son livre plus théorique sur les Sphères de justice, l'empreinte du judaïsme est toujours présente dans son oeuvre pour éclairer les grandes questions de société. Faisant par ailleurs retour, dans certains de ses travaux, sur les textes de base du judaïsme, Walzer mobilise les ressources méthodologiques des sciences humaines pour les soumettre à une relecture critique. (shrink)

Is it tautological to call an action "wrongful discrimination?" Some philosophers and political theorists answer this question in the affirmative and claim that the term "discrimination" is intrinsically evaluative. Others agree that "discrimination" usually conveys the action’s moral wrongness but claim that the term can be used in a purely descriptive way. In this paper, we present two corpus studies and two experiments designed to test whether the folk concept of discrimination is evaluative. We demonstrate that the term has undergone (...) a historical development and is nowadays no longer used purely descriptively. Further, we show that this evaluation cannot be cancelled without yielding a contradiction. We conclude that the descriptive use of "discriminatory" is a thing of the past. (shrink)

Although developmental dyslexia (DD) is frequently associate to a phonological deficit, the underlying neurobiological cause remain undetermined. One prominent hypothesis suggests a specific deficit in magnocellular-dorsal (M-D) pathway. Here we investigated the visual M-D and parvocellular-ventral (P-V) pathway in dyslexic and in chronological age and IQ-matched normally reading children by measuring dynamic (frequency doubling illusion) and static stimuli sensibility, respectively. A specific deficit in M-D task was found. Importantly, the M-D deficit was selectively shown in poor phonological decoders. M-D deficit (...) appears to be frequent because 75% of poor pseudo-word readers were at least 1 SD below the mean of the controls. Finally, a replication study by using a new group of poor phonological decoders and reading level controls suggests a possible role of M-D deficit in DD. These results showed that a M-D deficit might impair the sub-lexical mechanisms that are critical for reading development. The possible link between these findings and the oscillatory “temporal sampling” framework is discussed. (shrink)

Is the brain really a computer? In particular, is our intelligence a computational achievement: is it because our brains are computers that we get on in the world as well as we do? In this paper I will evaluate an ambitious new argument to the contrary, developed in Landgrebe and Smith (2021a, 2022). Landgrebe and Smith begin with the fact that many dynamical systems in the world are difficult or impossible to model accurately (inter alia, because it is intractable to (...) find exact solutions to the differential equations that describe them—meaning we have to approximate—but at the same time they are such that small differences in starting conditions lead to big differences in final conditions, thwarting accurate approximation). Yet we manage to survive and thrive in a world full of such systems. Landgrebe and Smith argue from these premises that it is not because our brains are computers that we get on as well as we do: instead it is because of the various ways that we dynamically couple with such systems, these couplings themselves impossible to model well enough to emulate in silico. Landgrebe and Smith thus defend a dynamical systems model in the lineage of Gibson (1979), Van Gelder (1995), and Thompson (2007), though their focus is on decisively refuting the computationalist alternatives rather than developing the positive account. Here I will defend the claim that human intelligence is genuinely computational (and that whole brain emulation and others forms of AGI may be possible) against this argument. (shrink)

Although it is argued that social justice is a core concern for the discipline, nursing has not generally played a leadership role in the responses to many of the greatest social problems of our time. These include the accelerated rate of climate change, pandemic threats, systemic racism, growing health and social inequities, and the regulation of new technologies to ensure an equitable future ‘for all.’ In nursing codes of ethics, administration, education, policies, and practice, social justice is often claimed to (...) be a core value, yet it is rarely contextualized by philosophical or theoretical underpinnings. It appears that nurses’ commitment to social justice may stem more from a penchant for ‘doing good’ than an attempt to explore, understand, and enact what is meant by social justice from an ontological, epistemological, and methodological perspective. We contend that the dominance of a human science perspective in nursing contributes to a narrow definition of health and relegates many issues central to social justice to the margins of nurses’ care. In this article, we explore how the focus on ‘the human’ in the human science perspective may not only be limiting the capacity of nurses to develop strategies to adequately address social injustice, but in some instances, direct nurses to contribute to their very reproduction. We suggest that a critical interrogation of this human‐centric hegemony can identify avenues of rupture and introduce posthumanism as an additional philosophical perspective for consideration to help bridge the human‐social divide. (shrink)

Citizenship and its education is again gaining importance in many countries. This paper uses England as its primary example to develop a Habermasian perspective on this issue. The statutory requirements for citizenship education in England imply that significant attention be given to the moral and social development of the learner over time, to the active engagement of the learner in community and to the knowledge skills and understanding necessary for political action. This paper sets out a theoretical framework that offers (...) a perspective on learning suitable for these far-reaching aims. We argue that schools need to shift from the currently dominant discourse of accountability to incorporate a discourse of care in order to make room for an effective and appropriate pedagogy for citizenship. Habermas’s social theory gives us a theoretical framework that properly locates schools within the lifeworld as part of civil society. Schools should therefore attend to hermeneutical and emancipatory concerns, not only to strategic interests. We put these in the context of Habermas’s social theory to paint an alternative vision learning for citizenship education which is based in developing the dispositions, values and attitudes necessary for lifelong learning with a view to developing ongoing communicative action. (shrink)

Robert Graves's First World War story in his autobiography Goodbye to All That, narrating his refusal to kill an enemy soldier bathing naked on the battlefield, has been made famous in the field of military ethics by Michael Walzer in his Just and Unjust Wars. The story raises the issue of whether soldiers should be granted immunity when behaving in an ‘un-warlike’ manner. It also relates to the growing understanding in military ethics that only soldiers who pose a direct threat (...) should be attacked and killed. This paper concludes that the traditional legal understanding that all soldiers are liable to be attacked and to be killed is the stronger argument. (shrink)

Mercy killing in battle is an illegal activity, yet, the evidence suggests, it happens on battlefields the world over and it has probably done so throughout human history. This may be a ?silent? part of the battlefield that few survivors wish to remember or to report subsequently. The practice is illegal, yet it raises difficult, perhaps sometimes impossible, ethical problems. A framework derived from the ethos of the just war tradition is developed here to analyse and to evaluate such battlefield (...) killings. (shrink)

This chapter describes how philosophical theorizing about justice can be connected with empirical research in the social sciences. We begin by drawing on some received distinctions between ideal and non-ideal approaches to theorizing justice along several different dimensions, showing how non-ideal approaches are needed to address normative aspects of real-world problems and to provide practical guidance. We argue that there are advantages to a transitional approach to justice focusing on manifest injustices, including the fact that it enables us to set (...) aside some reasonable disagreements about justice. The ‘bottom-up’ approach we advocate, for which we borrow Wolff’s term ‘real-world political philosophy’, is an empirically-informed normative analysis that attends to specific, identifiable injustices, and thus is partial, though not isolationist. We illustrate our approach by considering how different models of the nature of disability suggest different kinds of remedy for injustices faced by persons living with disabilities. We reflect on the nature and significance of vulnerabilities, and we assess the role of public opinion in normative theorizing, suggesting a particular significance for the opinions and experiences of marginalized groups. We finally reflect on the relevance of European legal and institutional frameworks for theorizing justice in Europe. (shrink)

This study was designed to test three competing hypotheses (impaired configural processing; impaired Theory of Mind; atypical amygdala functioning) to explain the basic facial expression recognition profile of adults with autism spectrum disorders (ASD). In Experiment 1 the Ekman and Friesen (1976) series were presented upright and inverted. Individuals with ASD were significantly less accurate than controls at recognising upright facial expressions of fear, sadness and disgust and their pattern of errors suggested some configural processing difficulties. Impaired recognition of inverted (...) facial expressions suggested some additional difficulties processing the facial features. Unexpectedly, the clinical group misidentified fear as anger. In Experiment 2 feature processing of facial expressions was investigated by presenting stimuli in a piecemeal fashion, starting with either just the eyes or the mouth. Individuals with ASD were impaired at recognising fear from the eyes and disgust from the mouth; they also confused fearful eyes as being angry. The findings are discussed in terms of the three competing hypotheses tested. (shrink)

ABSTRACTJeff McMahan’s much-discussed work Killing in War is an important part of the revisionist school of just war studies. This paper avoids discussion of McMahan’s use of human rights and exami...

ABSTRACTMilitary units can become to some extent self-governing in war-time battle. At times, they may take the discipline of their soldiers into their own hands and such discipline may be severe. This paper examines incidents in the British military, in both World Wars, where British soldiers were killed by their comrades because they would not fight in the heat of battle. The judicial execution by the military authorities of deserters in the First World War led to much controversy in Britain. (...) It may be much less well-known that in both World Wars there was, on occasion, an extra-judicial practice within the British military of executing soldiers who would not fight in the heat of battle. In such situations ethical dilemmas become very difficult indeed and some of the relevant issues are examined here. (shrink)

Citizenship and its education is again gaining importance in many countries. This paper uses England as its primary example to develop a Habermasian perspective on this issue. The statutory requirements for citizenship education in England imply that significant attention be given to the moral and social development of the learner over time, to the active engagement of the learner in community and to the knowledge skills and understanding necessary for political action. This paper sets out a theoretical framework that offers (...) a perspective on learning suitable for these far-reaching aims. We argue that schools need to shift from the currently dominant discourse of accountability to incorporate a discourse of care in order to make room for an effective and appropriate pedagogy for citizenship. Habermas’s social theory gives us a theoretical framework that properly locates schools within the lifeworld as part of civil society. Schools should therefore attend to hermeneutical and emancipatory concerns, not only to strategic interests. We put these in the context of Habermas’s social theory to paint an alternative vision learning for citizenship education which is based in developing the dispositions, values and attitudes necessary for lifelong learning with a view to developing ongoing communicative action. (shrink)

The classic approaches -- Correspondence -- Coherence -- Pragmatism -- Deflationism -- Tarski and the semantic theory of truth -- Summary of part I -- Varieties of enquiry -- Truths of taste; truth in art -- Truth in ethics -- Reason -- Religion and truth -- Interpretations.

Soldiers hiding in enemy territory that are discovered by civilians face acute ethical problems as to what to do about them. The law of armed conflict forbids harming civilians, yet if they are released they may well betray the soldiers and alert enemy forces that will kill or capture the soldiers. This is not just a theoretical problem; there are recent documented accounts of British and American soldiers who have found themselves in such a position and who have died because (...) they released the civilians. This paper argues that the ethical imperative here is to save the lives of both the soldiers and the civilians and that this should be the guiding principle in such cases. To this end, where possible, non-lethal means of restraint should be used on civilians to incapacitate them while the soldiers escape. (shrink)

By examining an exemplar sample of mental health nursing educational policies and related legislation, in this article, we trace the discursive production of madness as an “othered” identity category. We engage in a critical discourse analysis of mental health nursing education in Canada, drawing on provincial and federal policies and legislation as the main sources of data. Theoretically framed by critical posthumanism and mad studies, this article outlines how the mad subjectivity becomes decontextualized out of its identity‐based understanding and recontextualized (...) as an inferior category of “the human,” circulating within discourses of pedagogy, economics, law, and psychiatry. The article maps the intertextual nexus of the discourse of mental health nursing education, making visible the complex, the arbitrary, and the sometimes‐contradictory nature of the discipline's grappling with identity‐based mental health concepts. We close with several implications for nursing policy, education, and practice. (shrink)

An earlier paper, to which this is a sequel, traced the history of the Laplace Transform up to 1880. In that year Poincaré reinvented the transform, but did so in a more powerful context, that of properly conceived complex analysis. Rapid developments followed, culminating in Doetsch' work in which the transform took its modern shape.

I show that frequentism, as an explanation of probability in classical statistical mechanics, can be extended in a natural way to a decoherent quantum history space, the analogue of a classical phase space. The result is a form of finite frequentism, in which Gibbs’ concept of an infinite ensemble of gases is replaced by the quantum state expressed as a superposition of a finite number of decohering microstates. It is a form of finite and actual frequentism (as opposed to hypothetical (...) frequentism) insofar as all the microstates exist, in keeping with the decoherence-based Everett interpretation, and some versions of pilot-wave theory. (shrink)

Is what's true ultimately relative to your point of view? So that what's true as viewed from over here might be false if viewed from over there? In this article, Simon Blackburn grapples with the suggestion that what's true is ultimately just a matter of perspective.

In their article “Three Kinds of Decision-Making Capacity for Refusing Medical Interventions,” Navin et al. (2022) argue that we should recognize two forms of decision-making capacity (DMC) besides...

Cosmopolitanism is a stream of opinion that has at its heart the ideal of a united humanity protected by a universal morality codified in human rights and international legal standards supervised by international organisations. These views are powerful ones that are recognisable in many policies, institutions and initiatives around the world. This paper examines cosmopolitanism and its influence on British military policy.

Catastrophe Theory was developed in an attempt to provide a form of Mathematics particularly apt for applications in the biological sciences. It was claimed that while it could be applied in the more conventional physical way, it could also be applied in a new metaphysical way, derived from the Structuralism of Saussure in Linguistics and Lévi-Strauss in Anthropology.Since those early beginnings there have been many attempts to apply Catastrophe Theory to Biology, but these hopes cannot be said to have been (...) fully realised. (shrink)