It is a commonplace that coercion forms part of the nature of law: Law is inherently coercive. But how well founded is this claim, and what would it mean for coercion to be part of the of law? This article suggests that the claim is grounded in our current conception of law. The main focus of the article, however, is upon two major lines of argument that attempt to establish a link between law and coercion: one based upon the laws (...) normativity. It argues that the claim that law is necessarily coercive because it must be efficacious is mistakens normativity is inherently linked to coercion contains an important truths claim to authority encompasses the right to authorize the use of coercion. (shrink)

We examined Confucian moral philosophy, primarily the Analects, to determine how Confucian ethics could help managers regulate their own behavior (self-regulation) to maintain an ethical standard of practice. We found that some Confucian virtues relevant to self-regulation are common to Western concepts of management ethics such as benevolence, righteousness, wisdom, and trustworthiness. Some are relatively unique, such as ritual propriety and filial piety. We identify seven Confucian principles and discuss how they apply to achieving ethical self-regulation in management. In addition, (...) we examined some of the unique Confucian practices to achieve self-regulation including ritual and music. We balanced the framework by exploring the potential problems in applying Confucian principles to develop ethical self-regulation including whistle blowing. Confucian moral philosophy offers an indigenous Chinese theoretical framework for developing ethical self-regulation in managers. This is relevant for managers and those who relate to managers in Confucian-oriented societies, such as China, Korea, Japan, and Singapore. We recommend further research to examine if the application of the Confucian practices outlined here actually work in regulating the ethical behavior of managers in modern organizations. (shrink)

This article presents a philosophical account of the nature of crime. It argues that the criminal law contains both fault-based crimes and strict liability offences, and that these two represent different paradigms of liability. It goes on to argue that the gist of fault-based crimes lies in their being public wrongs, not (as is often thought) because they wrong the public, but because the public is responsible for punishing them, i.e. because they merit state punishment. What makes wrongs deserving of (...) punishment is that they are seriously blameworthy, inasmuch as they evince a disrespect for the values violated. But they only merit state punishment when they violate important values, not simply due to the well-known pragmatic considerations against the use of the criminal law, but to the intrinsic expressive force of criminal conviction. Finally, the analysis of fault-based crimes points to a role for strict liability in regulating actions that are not seriously blameworthy but do increase the risk of values being damaged. (shrink)

This article argues that legal precedents do not create rules, but rather create a special type of reason in favour of a decision in later cases. Precedents are often argued to be analogous to statutes in their law-creating function, but the common law practice of distinguishing is difficult to reconcile with orthodox accounts of the function of rules. Instead, a precedent amounts to a decision on the balance of reasons in the case before the precedent court, and later courts are (...) required to decide cases on the basis that the earlier decision was correctly decided. (shrink)

Some photographs show determinate features of a scene because the photographed scene had those features. This dependency relation is, rightly, a consensus in philosophy of photography. I seek to refute many long-established theories of photography by arguing that they are incompatible with this commitment. In Section II, I classify accounts of photography as either single-stage or multi-stage. In Section III, I analyze the historical basis for single-stage accounts. In Section IV, I explain why the single-stage view led scientists to postulate (...) “latent” photographic images as a technical phenomenon in early chemical photography. In Section V, I discredit the notion of an invisible latent image in chemical photography and, in Section VI, extend this objection to the legacy of the latent image in digital photography. In Section VII, I appeal to the dependency relation to explain why the notion of a latent image makes the single-stage account untenable. Finally, I use the multi-stage account to advance debate about “new” versus “orthodox” theories of photography. (shrink)

According to Roger Scruton, it is not possible for photographs to be representational art. Most responses to Scruton’s scepticism are versions of the claim that Scruton disregards the extent to which intentionality features in photography; but these cannot force him to give up his notion of the ideal photograph. My approach is to argue that Scruton has misconstrued the role of causation in his discussion of photography. I claim that although Scruton insists that the ideal photograph is defined by its (...) ‘merely causal’ provenance, in fact he fails to take the causal provenance of photographs seriously enough. To replace Scruton’s notion of the ideal photograph, I offer a substantive account of the causal provenance of photographs, centred on the distinctive role of ‘the photographic event’. I conclude that, with a proper understanding of the photographic process, we have good reason to re-open the question of photography as a representational art. (shrink)

This paper raises four queries about Simester’s defective engagement with reason account of culpability found in his Fundamentals of Criminal Law: (1) the characterisation of the account in terms of moral ‘vices’; (2) the basis for identifying a vice as a ‘moral’ vice; (3) what is involved in an agent manifesting ‘insufficient care and concern’ for the interests of others; and (4) whether the account is an account of culpability generally, or is instead an account of criminal culpability, i.e., the (...) type of culpability necessary for criminal conviction. (shrink)

The spliceosome is a large RNA‐protein complex that catalyses the removal of introns from nuclear pre‐mRNA. A wide range of biochemical and genetical studies shows that the spliceosome comprises three major RNA‐protein subunits, the U1, U2 and [U4/U6.U5] small nuclear ribonucleoprotein particles (snRNPs), and an additional group of non‐snRNP protein splicing factors. Rapid progress is being made in unravelling the interactions which take place between these factors during the splicing reaction. The emerging picture of the spliceosome reveals a highly dynamic (...) structure that assembles on pre‐mRNA transcripts in a stepwise pathway and is organised, at least in part, by complex RNA base‐pairing interactions between the small nuclear RNAs (snRNAs) and the intron substrate. Many of these interactions can be detected both in mammalian and yeast spliceosomes, suggesting that the basic splicing mechanism is an ancient one that has been highly conserved during evolution. (shrink)

This paper discusses the puzzle of blackmail, i.e. the way in which the threat of an otherwise legally permissible action can in some cases constitute blackmail. It argues that the key to understanding blackmail is in terms of coercion and threats, and the effect such threats have on the validity of a victim’s consent. The nature of coercion and of coercive threats is considered in detail to support the thesis that threats are prima facie impermissible, though often justified all-things-considered. The (...) puzzle of blackmail arises due to the fact that the law rarely has regard to an agent’s motives in acting, whereas this is the focus of the puzzling cases. (shrink)

Drawing from our interdisciplinary qualitative study of LGBTI conservative Christians and their allies, we name an especially toxic form of shame—what we call sacramental shame—that affects the lives of LGBTI and other conservative Christians. Sacramental shame results from conservative Christianity's allegiance to the doctrine of gender complementarity, which elevates heteronormativity to the level of the sacred and renders those who violate it as not persons, but monsters. In dispensing shame as a sacrament, nonaffirming Christians require constant displays of shame as (...) proof that LGBTI church members love God and belong in the community. Part of what makes this shame so harmful is that parents and pastors often dispense it with sincere expressions of care and affection, compounding the sense that one's capacity to give and receive love is damaged. We foreground LGBTI Christian movements to overcome sacramental shame by cultivating nonhubristic pride, and conclude by discussing briefly their new understandings of love and justice that could have far‐reaching benefits. (shrink)

Photography is valued as a medium for recording and visually reproducing features of the world. I seek to challenge the view that photography is fundamentally a recording process and that every photograph is a record—a view that I claim is based on a ‘single-stage’ misconception of the process. I propose an alternative, ‘multi-stage’ account in which I argue that causal registration of light is not equivalent to recording and reproducing an image. Intervention or non-intervention by photographers is more sophisticated than (...) the traditional view allows. Using the multi-stage account, I describe four models for producing photographic images and pictures. (shrink)

The author explores how the discursive practices of social texts relate to the subjectivities of readers. Employing Dorothy Smith's notion of femininity as textually mediated discourse, the author analyzes how teenage girls read the depictions of femininity in the glossy advertisements of fashion magazines. Through interviews with 48 girls aged 13 to 17 years, she explores both why and how young girls negotiate “what it means to be a woman.” Most young girls in her study draw on stereotypical meanings of (...) adult femininity. By giving these stereotypes truth status, these readers valorize not only patriarchal meanings of womanhood but also naturalize associations between femininity and the commodities through which this femininity is expressed as the everyday doing of gender. The author concludes by discussing implications of this study for both a feminist theory and a feminist politics of culture. (shrink)

Bridging disciplines have much to teach us about how to combine analytical tools to tackle problems and questions that cross traditional disciplinary boundaries. This article uses examples from the older bridging disciplines of geography and anthropology in order to consider what the relatively young undertaking labeled “interdisciplinary studies” can learn from their long existence. It explains what is meant by the fallacy of nomothetic claim and considers the fruitful production of answers and solutions by viewing process (methodology) not domain (academic (...) turf), as the key to interdisciplinary success. Staking claim to interdisciplinarity is shown to be unproductive while finding the need for interdisciplinary approaches and following the mandates of that need in the pursuit of solutions to problems and questions strengthens both the disciplines and the development of interdisciplinary studies. (shrink)

In neocolonial contexts of globalization, the epistemological terrain of radical diversity poses significant ethical challenges to transnational feminisms. In view of historical associations between knowledge and discourses of love which were conditioned by imperialist brands of humanism and benevolence under colonialism, this paper argues for a deconstructionist approach to conceptualizing love in relation to knowledge and for an ethics that severs the association with benevolence, instead making alterity the basis for its account.

Concerns regarding corporate ethics have grown steadily throughout the past decade. In order to remain competitive, many organizational leaders are faced with the challenge of creating an ethical environment within their organization. A model is presented showing the process and elements necessary for the institutionalization of organizational ethics. The transformational leadership style lends itself well to the creation of an ethical environment and is suggested as a means to facilitate the institutionalization of corporate ethics. Finally, the benefits of using transformational (...) leadership are demonstrated through the components of a psychological contract, organizational commitment, and ethical culture to institutionalize organizational ethics. (shrink)

This article is concerned with the use of correspondence as research data. It focuses on the author's own experience of this method and considers the methodological implications of correspondence as a research method for research in general and feminist research in particular. We argue that at present this method is not often used, even though it provides rich data and is a potential powerful tool for feminist research.

German philosopher Martin Heidegger stirred educators when in 1951 he claimed teaching is more difficult than learning because teachers must ‘learn to let learn’. However in the main he left the aphorism unexplained as part of a brief four-paragraph, less than two-page set of observations concerning the relationship of teaching to learning; and concluded at the end of those observations that to become a teacher is an ‘exalted matter’. This paper investigates both of Heidegger's claims, interpreting letting learn in the (...) context of Heidegger's larger philosophical project, and suggesting why in light of that project to become a teacher is an exalted concern. The methodology guiding the inquiry is largely hermeneutic, the purpose of the essay to interpret teaching from a Heideggerian perspective: its nature and general method. (shrink)

In this article, we will consider how the regulation of populations is not just a feature of prisons, but of all institutions and organisations that control members though hierarchies, divisions and norms. While nurses and other allied health professionals are considered to be predominantly self‐regulatory, practice is guided by a code of conduct and codes of ethics that act as rules that serve to uphold the safety of the patient, whether they are a sick person in a hospital bed or (...) an inmate in a prison. The codes of conduct espouse a number of rules that to a certain extent govern the behaviour of individual and groups of practitioners through reciprocal rewards and punishments. Supervision is one method of monitoring the effectiveness of the codes of conduct and ethics while regulating both the minimum standard of individual practice and of training organisations. It is posited that one of the possible effects of clinical supervision is to make the person effectively self‐regulatory as, an autonomous practitioner. We take the view that professional autonomy is a highly problematic concept requiring closer examination. (shrink)

In this article, we contribute to sociological literatures on morality, professional and institutional contexts, and morally stigmatized ‘dirty work’ by emphasizing and exploring how they mutually inform one another in lawyers’ work activities. Drawing on interview data with 58 practitioners in the commercial legal industry in Singapore, we analyze how they experience professional and institutional constraints on the expressions of morality in their work. Our findings illustrate how a dominant managerial and economic focus maintains and reproduces a constrained form of (...) morality, limited to instrumental, utilitarian and commercial ends, and subordinated to lucrative client and firm interests. We discuss our findings in terms of the need to research and reform professions in ways that support more rounded and unconstrained moral reflexivity and autonomy in how work is undertaken and valued. This in turn has implications for how organizations and professions might achieve alternative moral institutional orders, and for legal work to avoid the moral and social taints of dirty work. (shrink)

This article discusses the nature of persuasive authorities in the common law, and argues that many of them are best understood in terms of their (being regarded) as having theoretical rather than practical authorities for the courts that cite them. The contrast between theoretical and practical authority is examined at length in order to support the view that the treatment of many persuasive authorities by courts is more consistent with this view. Finally, it is argued that if persuasive authorities are (...) best understood as theoretical authorities, this raises difficulties for both positivistic and interpretivist theories of law. (shrink)

We are told by philosophers that photographs are a distinct category of image because the photographic process is mind-independent. Furthermore, that the experience of viewing a photograph has a special status, justified by a viewer’s knowledge that the photographic process is mind-independent. Versions of these ideas are central to discussions of photography in both the philosophy of art and epistemology and have far-reaching implications for science, forensics and documentary journalism. Mind-independence (sometimes ‘belief independence’) is a term employed to highlight what (...) is important in the idea that photographs can be produced naturally, mechanically, accidentally or automatically. Insofar as the process is physical, natural, mechanical or causal it can occur without human agency or intervention, entirely in the absence of intentional states. Presented innocuously, the idea is that although photographs are dependent on natural or mechanical processes, they can be produced independently of human agency – particularly human beliefs. Presented in a stronger form, the claim is that even if human agency is heavily involved in the production process, the definitive features that make the photograph a photograph and determine its salient properties are nonetheless independent of human minds. In epistemic debates, mind-independence is viewed as essential for explaining why photographs occupy a distinct category among images and justifying a variety of claims about their privileged epistemic and affective status in science, forensics, popular culture and journalism. But, in the philosophy of art, claims about mind-. (shrink)

This article explores how textual analysis can help us understand subjectivity as an empirical, rather than purely theoretical, phenomenon. The texts discussed here are advice columns in adolescent magazines; the analysis takes as its starting point girls’ accounts of magazine reading. Drawing on focus group discussions and interviews with 48 girls between the ages of 13 and 17 years, I explore how the accomplishment of ‘individuality’– as a culturally and historically-specific task of adolescence – is mediated by advice texts. Because (...) my analysis directs us to the existence of embodied subjects, I employ the notion of ‘Subject-ivity’. As a concept, ‘Subject-ivity’ reminds the analyst of the presence of an embodied, rather than theoretically constructed Self, brought into existence as a practical mode of consciousness. It thus provides a potential bridge between the sociological world of social subjects and highly theoretical work on subjectivity. (shrink)

Hannah Arendt famously argued that acts of violence are corrosive to a free and plural politics. However, the broader implications of her critique of violence are less well known. Reading her concept of violence comprehensively, with regard to (ostensibly non-political) labor and work as well as action, this article reveals its broader relevance for contemporary political thought: the political question of violence lies at the heart of our ecological crisis and is crucial for the social structure of labor domination. While (...) Arendtian politics is without normative guarantees, the conceptual distinction between instrumental violence and free politics is crucial, because it renders the political judgment of violence possible. In every realm of human activity, the refusal to acknowledge violence stunts our capacity to care for the world. (shrink)

Pt. I. The apparent good. Evaluative cognition -- Perceiving the good -- Phantasia and the apparent good -- pt. II. The apparent good and non-rational motivation. Passions and the apparent good -- Akrasia and the apparent good -- pt. III. The apparent good and rational motivation. Phantasia and deliberation -- Happiness, virtue, and the apparent good -- Practical induction -- Conclusion : Aristotle's practical empiricism.

We thank the commentators for their thoughtful engagement with our paper.1 In different ways, they make the same substantial point: our suggested interventions are not enough to solve the problems of organisational failure. On this we wholeheartedly agree. Organisational failure in healthcare is complex and multifaceted, it cannot be solved by one intervention in medical education. We did not intend to imply that our proposals alone would solve organisational failure, and this positioning misconstrues the aims of our paper. We had (...) more modest ambitions, we wanted to shift the analytical emphasis away from the individual and explore the implications raised by our analysis for our piece of the jigsaw—medical education. Having stepped away from such grand claims, the commentators make some valid points to which we would like to respond more specifically. Jesudason makes the distinction that normalisation of deviance (NoD) is well suited to understand institutional misfeasance but not malfeasance.2 We are inclined to agree; NoD can do some things but not all. Likewise, …. (shrink)

Discourses of interdisciplinary health‐care are becoming more centralised in the context of global healthcare practices, which are increasingly based on multisystem interventions. As with all dominant discourses that are narrated into being, many others have been silenced and decentralised in the process. While questions of the nature and constituents of interdisciplinary practices continue to be debated and rehearsed, this paper focuses on the discourse of interdisciplinary collaboration using psychiatry as an example, with the aim of highlighting competing and alternative discourses. (...) The fundamental premise of this paper is that collaborative relationships form the basis of interdisciplinary practices in psychiatry. Through a critical engagement and a deconstructive reading of the pretext, context and subtexts of interdisciplinarity, we interrogate the concept of interdisciplinary practice within psychiatry. We contend that an important part of understanding and further conceptualising the discourse is through fracturing it. This process is illustrated in the successive stages of our conceptual map of discourse development: establishing, maintaining and developing discourses. An understanding of interdisciplinary practice is not only critical for psychiatry, but also offers important insights into the performance of collaborative failures and indeed successes across nursing and allied health professions. (shrink)

A photographic image is said to provide evidence of a photographed scene because it is a causal imprint of reflected light, an indexical trace of real objects and events. Though widely established in the history, theory, and philosophy of photography, this traditional imprinting model must be rejected because it relies on a “single-stage” misconception of the photographic process: the idea that a photographic image comes into existence at the time of exposure. In its place, a “multistage” account properly articulates different (...) production stages, such as registering and rendering, that are relevant to understanding the relation between a photographic image and the photographed scene. By denying that any photographic image is a causal imprint, the multistage approach proposes a more demanding evaluation of photographic evidence. This has implications for documentary film and photojournalism, along with specialized applications such as forensics, surveillance, and face-recognition technology. (shrink)

This chapter presents the text of a lecture on the legacies of surrealism in Latin America given at the 2009 British Academy Lecture Series. This text discusses the tensions between surrealist internationalism and local cultural nationalisms, the contested relationship between surrealism and Magic Realism, and the enduring surrealist fascination with Pre-Columbian art and architecture. It analyzes the works of Mexican artists Frida Kahlo and Gunther Gerzso and works of contemporary Brazilian artist Cildo Meireles. It contents that art from Latin America (...) has flourished in recent years without claiming surrealism as an exclusive source. (shrink)

Poovey has argued that the anesthetized “unresisting body” can offer no impediment to a doctor's interpretation of its conduct. In contrast, drawing on ethnographic data of anesthetic practice, this article suggests that the technological augmentation of the body required by present-day anesthesia enhances the ability of an unconscious body to convey its needs and shape the course of the anesthetic. In analyzing the expressions of anesthesia's cyborgs, the author draws on Haraway, Latour, and Suchman to reconsider the characteristics of agency (...) and how an unconscious body might “resist” or inform a doctor's interpretation. This attempt to explore the nature and distribution of agency within a collective is intended as a contribution to the debates surrounding medical dominance and those theorizing the role of technology in health care. (shrink)

Courts and legislatures are increasingly being called upon to restrict the autonomy of pregnant women by requiring them to behave in ways that others determine are best for the fetuses they carry. The state should not attempt to transform pregnant women into ideal baby‐making machines. Pregnant women make decisions about their behavior in the context of the rest of their lives, with all the attendant complexities and pressures. Our interest in helping future children by improving prenatal care would best be (...) furthered by helping pregnant women to make informed, less constrained choices, not by punishing women or depriving them of choices altogether. (shrink)

This Discussion Piece is a response to Mark Windsor's Discussion Piece (2023) 'Photographic Registers are Latent Images', which is a response to my article, (2021) 'Invisible Images and Indeterminacy: Why we need a Multi-stage Account of Photography' JAAC 79(2) 161-174.. -/- I argue that a photosensitive surface does not produce invisible pictorial features when it is exposed to light, and conclude, contra Windsor, that a photographic register is not a latent image. I argue that Windsor does not succeed in defending (...) a single-stage account of photography and I reconfirm that a multi-stage account is correct. (shrink)

Hispanics are grossly underrepresented in the receipt of STEM Ph.Ds. The National Science Foundation Science and Engineering Indicators suggest that only 7.8% of S and E doctoral recipients are Hispanic while their representation in the population is more than twice that, and that figure goes even higher if restricted to those within the college-age range. To address this gap, the NSF has awarded a grant to the City College of New York and the University of Texas at El Paso to (...) work with Hispanic STEM doctoral students to provide teaching training and preparation for academic positions so they can become role models for Hispanic community college undergraduates. In working to understand the career-decision making of our Fellows, in-depth interviews were conducted to understand what put them on the path to defy the odds and become a STEM doctoral recipient. Interview results suggest that isolated, critical incidents and chance events were responsible for a number of our students entering into doctoral programs. This research suggests that for some Hispanic STEM doctoral students the experience of chance events meant the path to a STEM doctorate was not assured from a young age and further, that the provision of “planned” critical incidents may support an increase in Hispanic STEM doctoral enrollment. (shrink)