This article attempts to demonstrate, via the famous Hart‐Dworkin debate on the nature and functions of judicial discretion, that substantial jurisprudential disputes as well as theories can, and do, arise from misconceived critiques, whether intended or otherwise. It also seeks to show that, whilst Dworkin's initial critique of Hart was misconceived, his theory of adjudication that arose as a result of responses to his initial views is a positive contribution to learning, although 1 argue that Dworkin's views are not, in (...) the final analysis, sufficiently persuasive to constitute a radical departure from Hart's own views. (shrink)

In today's society some have argued that the legal profession's codes of conduct are a hodgepodge of rules without any clear ethical basis. In this text, Boon and Levin systematically address this compelling issue. Some of the major questions raised are as follows: Is self-regulation crucial to the survival of the legal profession? What fundamental philosophical principles govern ideas of professional conduct? Are the present codes regulating solicitors and barristers consistent with these principles? And, looking forward, are they appropriate (...) when the legal profession faces radical social, political and economic change? While this text focuses on the dynamics of the justice system in England and Wales, the overall issue of ethics and conduct in regards to law holds worldwide interest. Students, teachers and practitioners will find this the first comprehensive and interdisciplinary guide to and analysis of professional conduct and ethics. (shrink)

Roles and values -- Institutions and organisations -- Regulation and discipline -- The relationship -- Conflicts of interest -- Confidentiality and privilege -- Thir parties (non-clients) -- Social responsibility -- Professional responsibility -- Litigation and advocacy -- Settlement -- Commercial practice.

The handling of cases under the Coal Health Compensation Schemes, set up in 1999 to compensate miners suffering from workplace medical conditions, resulted in over 100 solicitors from more than 30 firms facing disciplinary proceedings. Three were struck off, three suspended and over forty fined following the largest investigation ever mounted by the regulator. This article examines the political and regulatory context of the scandal, describes one of the cases presented to the Solicitors' Disciplinary Tribunal and examines the relevance of (...) theories of transgression to professional disciplinary matters. It concludes by considering the regulatory impacts and implications of the scandal. (shrink)

This article analyses the regulatory handbooks produced by the new regulators for solicitors and barristers, the main legal professions in England and Wales, following the Legal Services Act 2007. It focuses on the new codes of conduct and the 10 high-level regulatory standards that are a feature of each handbook. The article examines the ways in which key interests have been dealt with in the handbooks from the perspective of the historical narratives of the legal professions and their publications, including (...) their previous codes of conduct. It is found that the barristers’ and solicitors’ codes project different ethical orientations towards the supposedly universal ‘standard conception of the lawyer’s role’ based on the principles of neutrality and partisanship. The origins, meaning and significance of the high-level standards are considered. They are found not to reflect the content of the codes of conduct or to communicate cherished elements of the professions’ historical narratives. It is argued that this is problematic in terms of the professional functions of regulation, education and communication. (shrink)

Recent analysis of genome sequences has identified individuals that are healthy despite carrying severe disease‐associated mutations. A possible explanation is that these individuals carry a second genomic perturbation that can compensate for the detrimental effects of the disease allele, a phenomenon referred to as suppression. In model organisms, suppression interactions are generally divided into two classes: genomic suppressors which are secondary mutations in the genome that bypass a mutant phenotype, and dosage suppression interactions in which overexpression of a suppressor gene (...) rescues a mutant phenotype. Here, we describe the general properties of genomic and dosage suppression, with an emphasis on the budding yeast. We propose that suppression interactions between genetic variants are likely relevant for determining the penetrance of human traits. Consequently, an understanding of suppression mechanisms may guide the discovery of protective variants in healthy individuals that carry disease alleles, which could direct the rational design of new therapeutics. (shrink)

At the International Legal Ethics Conference IV held at Stanford Law School between 15 and 17 July 2010, one of the two opening plenary sessions consisted of a panel who debated the proposition that legal ethics should be mandatory in legal education. The panel included leading legal ethics academics from jurisdictions around the world—both those where legal ethics is a compulsory part of the law degree and those where it is not. It comprised Professors Andrew Boon, Brent Cotter, (...) Christine Parker, Stephen L Pepper and Richard Wu, and was organised and chaired by Professor Kim Economides. This is an edited version of the panel's discussion. It provides a useful summary of the state of legal ethics teaching in the jurisdictions represented as well as a marshalling of the arguments for and against legal ethics as a required course in the university law degree. (shrink)

In this extraordinary introduction to the study of the philosophy of technology, Andrew Feenberg argues that techonological design is central to the social and political structure of modern societies. Environmentalism, information technology, and medical advances testify to technology's crucial importance. In his lucid and engaging style, Feenberg shows that technology is the medium of daily life. Every major technical changes reverberates at countless levels: economic, political, and cultural. If we continue to see the social and technical domains as being (...) seperate, then we are essentially denying an integral part of our existence, and our place in a democratic society. Questioning Tecchnology convinces us that it is vital that we learn more about technology the better to live with it and to manage it. (shrink)

Thoroughly revised, this new edition of Critical Theory of Technology rethinks the relationships between technology, rationality, and democracy, arguing that the degradation of labor--as well as of many environmental, educational, and political systems--is rooted in the social values that preside over technological development. It contains materials on political theory, but the emphasis has shifted to reflect a growing interest in the fields of technology and cultural studies.

INTRODUCTION I What is teleology? If you ever look closely at an ants' nest, you will see an intricate network of pathways and chambers teeming with ...

Modern technology is more than a neutral tool: it is the framework of our civilization and shapes our way of life. Social critics claim that we must choose between this way of life and human values. Critical Theory of Technology challenges that pessimistic cliche. This pathbreaking book argues that the roots of the degradation of labor, education, and the environment lie not in technology per se but in the cultural values embodied in its design. Rejecting such popular solutions as economic (...) simplicity or spiritual renewal, Feenberg presents a compelling argument for broader democratic participation in technological choices. This book will be of special interest to scholars and students of philosophy, sociology, contemporary Marxism, and Critical Theory. (shrink)

The technologies, markets, and administrations of today's knowledge society are in crisis. We face recurring disasters in every domain: climate change, energy shortages, economic meltdown. The system is broken, despite everything the technocrats claim to know about science, technology, and economics. These problems are exacerbated by the fact that today powerful technologies have unforeseen effects that disrupt everyday life; the new masters of technology are not restrained by the lessons of experience, and accelerate change to the point where society is (...) in constant turmoil. In Between Reason and Experience, leading philosopher of technology Andrew Feenberg makes a case for the interdependence of reason--scientific knowledge, technical rationality--and experience. Feenberg examines different aspects of the tangled relationship between technology and society from the perspective of critical theory of technology, an approach he has pioneered over the past twenty years. Feenberg points to two examples of democratic interventions into technology: the Internet and the environmental movement. He examines methodological applications of critical theory of technology to the case of the French Minitel computing network and to the relationship between national culture and technology in Japan. Finally, Feenberg considers the philosophies of technology of Heidegger, Habermas, Latour, and Marcuse. The gradual extension of democracy into the technical sphere, Feenberg argues, is one of the great political transformations of our time. (shrink)

When a person performs or fails to perform a morally significant action, we sometimes think that a particular kind of response is warranted. Praise and blame are perhaps the most obvious forms this reaction might take. For example, one who encounters a car accident may be regarded as worthy of praise for having saved a child from inside the burning car, or alternatively, one may be regarded as worthy of blame for not having used one's mobile phone to call for (...) help. To regard such agents as worthy of one of these reactions is to ascribe moral responsibility to them on the basis of what they have done or left undone. (These are examples of other-directed ascriptions of responsibility. The reaction might also be self-directed, e.g., one can recognize oneself to be blameworthy). Thus, to be morally responsible for something, say an action, is to be worthy of a particular kind of reaction —praise, blame, or something akin to these—for having performed it.[1.. (shrink)

In this new collection of essays, Andrew Feenberg argues that conflicts over the design and organization of the technical systems that structure our society shape deep choices for the future. A pioneer in the philosophy of technology, Feenberg demonstrates the continuing vitality of the critical theory of the Frankfurt School. He calls into question the anti-technological stance commonly associated with its theoretical legacy and argues that technology contains potentialities that could be developed as the basis for an alternative form (...) of modern society. Feenberg's critical reflections on the ideas of Jürgen Habermas, Herbert Marcuse, Jean-François Lyotard, and Kitaro Nishida shed new light on the philosophical study of technology and modernity. He contests the prevalent conception of technology as an unstoppable force responsive only to its own internal dynamic and politicizes the discussion of its social and cultural construction. This argument is substantiated in a series of compelling and well-grounded case studies. Through his exploration of science fiction and film, AIDS research, the French experience with the "information superhighway," and the Japanese reception of Western values, he demonstrates how technology, when subjected to public pressure and debate, can incorporate ethical and aesthetic values. (shrink)

Foucault is often thought to have a great deal to say about the history of madness and sexuality, but little in terms of a general analysis of government and the state.; This volume draws on Foucault's own research to challenge this view, demonstrating the central importance of his work for the study of contemporary politics.; It focuses on liberalism and neo- liberalism, questioning the conceptual opposition of freedom/constraint, state/market and public/private that inform liberal thought.

Foucault is often thought to have a great deal to say about the history of madness and sexuality, but little in terms of a general analysis of government and the state.; This volume draws on Foucault's own research to challenge this view, demonstrating the central importance of his work for the study of contemporary politics.; It focuses on liberalism and neo- liberalism, questioning the conceptual opposition of freedom/constraint, state/market and public/private that inform liberal thought.

Introduction to the new edition -- The philosophy of praxis -- The demands of reason -- Metacritique of the concept of nature -- Reification and rationality -- The realization of philosophy -- The controversy over subject-object identity -- From Lukács to the Frankfurt School -- The last philosophy of praxis -- Philosophy of praxis: summary and significance -- Appendix: the unity of theory and practice.

Radical democratic thinking is becoming intrigued by the material situatedness of its political agents and by the role of nonhuman participants in political interaction. At stake here is the displacement of narrow anthropocentrism that currently guides democratic theory and practice, and its repositioning into what we call ‘the nonhuman condition’. This Critical Exchange explores the nonhuman condition. It asks: What are the implications of decentering the human subject via a new materialist reading of radical democracy? Does this reading dilute political (...) agency? Or should this be seen, on the contrary, as an invitation for new voices and demands to enter into democratic assemblages? How might engagement with the more-than-human disrupt or extend theories of radical democracy? Hans Asenbaum and Amanda Machin discuss the human democratic subject both through radical democratic and new materialist lenses. They suggest that a new materialist decentred subject does not lose agency but further gains political responsibility in radical democracy. Jean-Paul Gagnon highlights the possibility of becoming through loss. In losing our anthropocentric arrogance—our understanding of being other and better than animal—we become more connected and discover our place in human-nonhuman assemblages. Melissa Orlie agrees that something can be gained through renouncing dominant human fantasies and presents a ‘radical democratic naturalism’. By renouncing land violence and acknowledging nature’s subjectivity, we can further nonexploitative radical democratic politics. This is where the notion of ‘tidalectic’ processes introduced by James L. Smith is helpful. Focusing on water and the Indigenous knowledges around rivers, he considers how democracy and community can be reimagined as plural, cyclical and attentive to the nonhuman with which the human is inevitably entangled. Diana Leong offers a different approach. Considering the nonhuman from the perspective of Black Studies demands an awareness to how blackness has long been constituted as non- or partially human. (shrink)

Andrew Bowie's book is the first introduction in English to present F W J Schelling as a major European philospher in his own right. _Schelling and Modern European Philosophy_, surveys the whole of Schelling's philosophical career, lucidly reconstructing his key arguments, particularly those against Hegel, and relating them to contemporary philosophical discussion. Dr Bowie traces how central ideas and conceptual strategies in the work of philosophers as diverse as Nietzsche, Heidegger, Derrida and Davidson relate closely to Schelling's often misunderstood (...) philosophy and focuses on Schelling's work as an alternative to, and critique of aspects of Hegel's thinking. (shrink)

First published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.

Explains Marcuse's philosophy, especially his critique of science and technology.

Source [1] Andrew E. P. Mitchell, Federica Galli, Sondra Butterworth. (2023). Editorial: Equality, diversity and inclusive research for diverse rare disease communities. Front. Psychol., vol. 14. doi:10.3389/fpsyg.2023.1285774. "It is also important to recognize that certain mental health disorders are classified as rare conditions and have their own cultural concepts of distress, as defined in the DSM-5 (American Psychiatric Association, 2013)" and require “equal attention and support for individuals and their families, both physically and emotionally”. [1].

This study in cross-cultural hermeneutics examines the role that modern, Western philosophy has played in the interpretation of Nagarjuna's Madhyamikakarika, a second-century Indian-Buddhist text. Tuck locates a structure of distinct phases or "styles" in modern, philosophical history. These phases, Tuck shows, exhibit discontinuous interpretive biases, as well as continuity of hermeneutic intention. Discovering in each philosophical era a chaacteristic attitude towards the text--whether privilege, objectivity, or neutrality--Tuck argues that the continual reinterpretation of earlier scholarly readings is in fact at the (...) core of fruitful hermeneutic pursuit. (shrink)

The paper examines the contribution of the French philosopher Michel Foucault to the subject of ethics in organizations. The paper combines an analysis of Foucault’s work on discipline and control, with an examination of his later work on the ethical subject and technologies of the self. Our paper argues that the work of the later Foucault provides an important contribution to business ethics theory, practice and pedagogy. We discuss how it offers an alternative avenue to traditional normative ethical theory that (...) both converges and diverges with other extant alternatives. By situating ethics as practices of the self, and by demonstrating the conditions under which freedom in organizations can be exercised, Foucault’s ethics attempt to connect an understanding and critique of power with a personal project of self. He therefore provides a theory of subjectivity that potentially informs a reshaping of contemporary virtue ethics theory, value-based management, and business ethics teaching. (shrink)

“Neurodiversity” is associated with the struggle for the civil rights of all those diagnosed with neurological or neurodevelopmental disorders. Two basic approaches in the struggle for what might be described as “neuro-equality” are taken up in the literature: There is a challenge to current nosology that pathologizes all of the phenotypes associated with neurological or neurodevelopmental disorders ); there is a challenge to those extant social institutions that either expressly or inadvertently model a social hierarchy where the interests or needs (...) of individuals are ranked relative to what is regarded as properly functioning cognitive capacities. In this paper, we explore some of the reasons justifying which make it an important tool for achieving greater neuro-equality, while still recognizing its limitations for achieving this goal. Particularly, we explore how an appeal to functionality and neurological diversity can support a re-seeing of at least certain forms of ASD. (shrink)

The greater good -- The intellectual and the existential -- The problem of evil and the problem of the slightest toothache -- The God of love -- Is God an agent? -- The real God.

"This fine collection of essays from a diverse group of authors expounding on a wide variety of subjects presents a generous sampling of the new philosophy of technology." —Choice "... informative, original, and provocative.... Many of the writers are major players in defining the contested political terrain of cultural, science, and technology studies as well as critical theory and Heidegger studies." —Gerald Doppelt.

The debate has continued in these terms to the present day. In Like-Minded, Andrew Sneddon argues that "reason" and "passion" do not satisfactorily capture all the important options for explaining the psychological foundations of morality.

This important handbook provides a comprehensive, authoritative review of achievement motivation and establishes the concept of competence as an organizing ...

This paper discusses the current fashion for brain-based learning, in which value-laden claims about learning are grounded in neurophysiology. It argues that brain science cannot have the ‘authority’ about learning that some seek to give it. It goes on to discuss whether the claim that brain science is relevant to learning involves a category mistake. The heart of the paper tries to show how the contribution of brain science to our grasp of the nature of learning is limited in principle. (...) Finally the paper explores the potential of brain science to illuminate specific learning disabilities. (shrink)