In this article, I examine the legal position of those who perform caregiving work within the context of a cohabiting relationship through a novel relational vulnerability lens. I argue that the state, through privatising and devaluing caregiving labour, situates carers within an unequal and imbalanced relational framework, exposing them economic, emotional, and spatial harms. Unlike universal vulnerability, which is inherent and unavoidable, relational vulnerability can be avoided and reduced if the state were to acknowledge that humans are embodied and relational (...) rather than self-sufficient and rational. Law’s treatment of cohabiting carers reflects the state’s broader tendency to value economic self-sufficiency, while confining caregiving to the private family. I argue that the state has a duty to respond directly to relational vulnerability and should aim to make cohabiting carers resilient. Resilience must involve the provision of material resources but should also have a normative commitment to achieving autonomy and equality for those marginalised by law and state policies. (shrink)

Hypocrisy is a multi-faceted concept that has been studied empirically by psychologists and discussed logically by philosophers. In this study, we pose various behavioral scenarios to research participants and ask them to indicate whether the actor in the scenario behaved hypocritically. We assess many of the components that have been considered to be necessary for hypocrisy (e.g., the intent to deceive, self-deception), factors that may or may not be distinguished from hypocrisy (e.g., weakness of will), and factors that may moderate (...) hypocrisy (e.g., the degree of discrepancy between the attitude and behavior, whether the attitude is stated publicly, and the nature and severity of the behavioral consequences). Our findings indicate that lay conceptions of hypocrisy are often at odds with philosophical speculation. We argue that a complete understanding of the criteria for hypocrisy requires consideration of how ordinary people construe the concept. In contrast to some concepts (e.g., physical causation), for which lay conceptions, while interesting, are largely irrelevant, hypocrisy is an essential component of social judgment. One could argue, therefore, that folk wisdom is the ultimate arbiter of what hypocrisy entails. We note limitations of our methodology and suggest avenues for future research. (shrink)

The Patient Self Determination Act of 1991 brought much needed attention to the importance of advance care planning and surrogate decision-making. The purpose of this law is to ensure that a patient’s preferences for medical care are recognized and promoted, even if the patient loses decision-making capacity. In general, patients are presumed to have DMC. A patient’s DMC may come under question when distortions in thinking and understanding due to illness, delirium, depression or other psychiatric symptoms are identified or suspected. (...) Physicians and other healthcare professionals working in hospital settings where medical illness is frequently comorbid with depression, adjustment disorders, demoralization and suicidal ideation, can expect to encounter ethical tension when medically sick patients who are also depressed or suicidal request do not resuscitate orders. (shrink)

For more than a decade, Ellen Fox and her colleagues have proclaimed the importance of evaluating ethics consultation services (ECSs). In their article, “Ethics Consultation in United States Hospit...

v. 1, pt. 1. The essays -- v. 1, pt. 2. Exigesis, 1-184.

Understanding in Epistemology Epistemology is often defined as the theory of knowledge, and talk of propositional knowledge has dominated the bulk of modern literature in epistemology. However, epistemologists have recently started to turn more attention to the epistemic state or states of understanding, asking questions about its nature, relationship … Continue reading Understanding in Epistemology →.

Ethics of Artificial Intelligence This article provides a comprehensive overview of the main ethical issues related to the impact of Artificial Intelligence on human society. AI is the use of machines to do things that would normally require human intelligence. In many areas of human life, AI has rapidly and significantly affected human society … Continue reading Ethics of Artificial Intelligence →.

This is a new edition of the first volume of G.P.Baker and P.M.S. Hacker’s definitive reference work on Wittgenstein’s _Philosophical Investigations_. New edition of the first volume of the monumental four-volume _Analytical Commentary on the Philosophical Investigations._ Takes into account much material that was unavailable when the first edition was written. Following Baker’s death in 2002, P.M.S. Hacker has thoroughly revised the first volume, rewriting many essays and sections of exegesis completely. Part One - the Essays - now includes two (...) completely new essays: 'Meaning and Use' and 'The Recantation of a Metaphysician'. Part Two - Exegesis §§1-184 - has been thoroughly revised in the light of the electronic publication of Wittgenstein’s _Nachlass_, and includes many new interpretations of the remarks, a history of the composition of the book, and an overview of its structure. The revisions will ensure that this remains the definitive reference work on Wittgenstein’s masterpiece for the foreseeable future. (shrink)

Confronting crucial and difficult issues, the ten authors whose essays appear in this volume offer fresh perspectives on the nature and value of altruism. This collection of essays on moral philosophy deal with the balance to be struck between egoism and altruism - that is, between pursuing one's own interests and serving the interest of others - and with related issues. Contributions examine the relationship between altruism and rationality; consider cases in which one's personal needs and goals may legitimately be (...) given priority over the needs of others; question whether, and under what conditions, we may properly be forced to serve others' interests; and examine the role government should play in regulating our interactions. (shrink)

The essays in this volume, first published in 2000, explore questions about democracy that are relevant to political philosophy and political theory. Some essays discuss the appropriate ends of government or examine the difficulties involved in determining and carrying out the will of the people. Some address questions relating to the kinds of influence citizens can or should have over their representatives, asking, for example, whether individuals have a duty to vote, or whether inequalities in political influence among citizens can (...) be morally justified. Other essays analyze democratic institutions, discussing what role deliberation should play in the democratic process, and asking whether it is legitimate to use laws and public policies to express approval or disapproval of various kinds of conduct. Still others examine the relationship between democracy and value pluralism, or consider the suitability of democracy as a form of government in non-Western societies. (shrink)

Economic rights - rights to use, possess, exchange, and otherwise dispose of property - are at the centre of some of the most important and fundamental disputes in Western moral and political theory. This book provides a fresh look at assumptions that are sometimes overlooked in debates about capitalism, socialism and the welfare state. Essays in this book by internationally renowned academic lawyers, economists, and philosophers, explore what sort of economic rights people ought to have, how they ought to be (...) conceived of and grounded, and the consequences that would ensue were one system or another set up to ensure them; the related question of the nature of various economic systems and how well they do at guaranteeing such rights are also discussed. (shrink)

Freedom of association is a cherished liberal value, both for classical liberals who are generally antagonistic toward government interference in the choices made by individuals, and for contemporary liberals who are more sanguine about the role of government. However, there are fundamental differences between the two viewpoints in the status that they afford to associational freedom. While classical liberals ground their support for freedom of association on the core notion of individual liberty, contemporary liberals usually conceive of freedom of association (...) as one among many values that are necessary for a liberal democracy to flourish. Which position provides a better grounding for freedom of association? The twelve essays in this volume explore the history and development of the right of free association, and discuss the limits that may legitimately be placed on this right. (shrink)

What are the core values of liberalism and how can they best be promoted? Liberals in the classical tradition championed individual freedom, limited government and a capitalist economic system with strong rights to private property. Contemporary liberals, in contrast, embrace more egalitarian values and allow for a far more prominent role for government intervention in the market to reduce inequality, redistribute wealth and regulate economic activity. What accounts for these very disparate liberal views of property rights and economic freedom? How (...) should we understand the transition from the classical view of liberalism to its more egalitarian modern version? And what, ideally, should the relationship be between the central values of liberalism and the economic institutions of capitalism? The eleven essays in this volume address these questions and examine related issues. (shrink)

The notion of obligation of what an agent owes to himself, to others, or to society generally occupies a central place in morality. But what are the sources of our moral obligations and what are their limits? To what extent do obligations vary in their stringency and severity, and does it make sense to talk about imperfect obligations, that is, obligations that leave the individual with a broad range of freedom to determine how and when to fulfil them? The twelve (...) essays in this volume address these and other questions and explore related issues. Some of them discuss broad theoretical questions, some essays look at moral reasons for action. Others discuss specific moral obligations or the tensions that may exist between our obligations and our other concerns. (shrink)

The essays in this collection investigate two political traditions and their critical interactions. The first series of essays deals with the development of natural rights individualism, some examining its origins in the thought of the seminal political theorist, John Locke, and the influential constitutional theorist, Montesquieu, others the impact of their theories on intellectual leaders during the American Revolution and the Founding era, and still others the culmination of this tradition in the writings of nineteenth-century individualists such as Lysander Spooner. (...) The second series of essays focuses on the Progressive repudiation of natural rights individualism and its far-reaching effect on American politics and public policy. (shrink)

Modern industrial societies have achieved a level of economic prosperity undreamed of in earlier times, but in the view of the contemporary environmental movement, the prosperity has come at the cost of serious degradations to the natural world. For environmental advocates, problems such as resource depletion, air and water pollution, global warming and the loss of biodiversity represent due threats to the well-being of human societies and the planet itself. But just how serious are these threats and how should we (...) go about confronting them? Do environmental problems call for more extensive government controls over industrial activity, energy policy and the like, or is it possible to find solutions by harnessing the incentives of the free market? The essays in this collection address these questions and explore related issues. (shrink)

The institution of private property lies at the heart of contemporary Western societies. However, what are the limits of property ownership? Do principles of justice require some measure of governmental redistribution of property in order to relieve poverty or to promote greater equality among citizens? And what do principles of justice have to say about individuals' ownership of their own talents and the products of their labor, and about the initial acquisition of land and natural resources? The essays in this (...) volume, written by eleven prominent political and moral philosophers, address these questions and explore related issues. A number of them consider the theoretical foundations of property ownership, asking how the rights of individuals to acquire property can be justified, and how extensive these rights are. Some focus on the concept of self-ownership, discussing how the individual's right to control their own mind, body and actions relates to their right to gain control over extrapersonal objects and resources. Others look at connections between property ownership and various values, including democratic political participation and equality of wealth and opportunity. (shrink)

These essays assess market liberal or libertarian political theory. They provide insights into the limits of government, develop market-oriented solutions to pressing social problems, and explore some defects in traditional libertarian theory and practice. Some of the essays deal with crucial theoretical issues, asking whether the promotion of citizens' welfare can serve as the justification for the establishment of government, or inquiring into the constraints on individual behavior that exist in a liberal social order. Some essays explore market liberal or (...) libertarian positions on specific public policy issues, such as affirmative action, ownership of the airwaves, the provision of healthcare, or the regulation of food and drugs. Other essays look at property rights, the morality of profit-making, or the provision of public goods. Still others address libertarianism as a political movement, suggesting ways in which libertarians can reach out to those who do not share their views. (shrink)

Any comprehensive discussion of property must draw on a range of disciplines - philosophy, politics, economics, and legal theory - and must address a number of fundamental questions: What is the nature of ownership, and should there be limits on the rights that attend it? Should property be held privately or in common, or should some combination of these two types of ownership prevail? To what extent does the legitimacy of a system of property depend on considerations of economic efficiency (...) or distributive justice? The essays in this volume examine these questions, as well as other important issues, from a variety of perspectives. Some explore the theory of original acquisition; others deal with the concept of self-ownership; still others look at legal or constitutional issues. (shrink)

The essays in this volume address questions about responsibility that arise in moral philosophy and legal theory. Some analyse different theories of causality, asking which theory offers the best account of human agency and the most satisfactory resolution of troubling controversies about free will and determinism. Some essays look at responsibility in the legal realm, seeking to determine how the law should assign liability for negligence, or whether the courts should allow defendants to offer excuses for their wrongdoing or to (...) claim some form of 'diminished responsibility'. Other essays explore libertarian views about political freedom and accountability, asking whether libertarian positions on consent, contract law, and responsibility are consistent, or whether restitution is superior to retribution or deterrence as a basis for a theory of corrective justice. Still others examine the notion of partial or divided responsibility, or the relationship between responsibility and the emotions. (shrink)

The distinction between the public and private spheres of human life is a critical facet of contemporary moral, political, and legal thought. Much recent scholarship has invoked privacy as an important component of individual autonomy and as something essential to the ability of individuals to lead complete and fulfilling lives. However, the protection of one's privacy can interfere with the ability of others to pursue their own projects and with the capacity of the state to achieve collective goals. Developing an (...) acceptable account of the right to privacy - one that provides satisfactory answers to both theoretical and practical questions - has proven to be a vexing problem. The thirteen essays in this volume examine various aspects of both the right to privacy and the roles that this right plays in moral philosophy, legal theory, and public policy. (shrink)

These essays explore the history and justification of the welfare state and examine private alternatives to the public provision of aid. Essays focus on the nature of personal responsibility, the impact of identity politics on the welfare state, and the various strategies that have been proposed to deal with the problem of poverty. Others assess the success or failure of public housing, government assistance to veterans, or other specific programmes, suggesting ways of reforming, expanding, or replacing them.

THE TITLE W. used the title 'Philosophische Untersuchungen, Versuch einer Umar- beitung' as the heading of his 1936 revision of Br. B. in Vol. ...

A study of 612 CPAs employed in four separate regions of the People’s Republic of China shows that they exhibit ethical orientations that are not significantly different from one another and that they do not, as a group identify with the Subjectivist description provided in the Forsyth et al. (Journal of Business Ethics 8(83):813–833, 2008) meta-analytic international study involving the Ethical Position Questionnaire. Confirmatory factor analysis did however establish the validity of the instrument as a measure of idealistic and relativistic (...) tendencies. It was established that the ethical tone within local accounting firms plays a significant role in forming ethical positions and that these variables together work to influence ethical judgement making with respect to issues involving independence and objectivity. The constructs of relativism and idealism act as reliable predictors of moral choice, but need to be carefully interpreted in the context of field research. The study highlights concerns about the ethicality of a fledgling group of professionals having to cope with the exigencies associated with the world’s fastest developing economy. (shrink)

In many European countries the question of cultural identity has gained special importance due to the increase of globalization, the position of the United States, and the European unification. How can political leaders deal with these developments without alienating their people? In what ways do they express national identity in popular communication? Is nationalism a characteristic of their rhetoric? These questions are asked in regard to thirty-six New Year's speeches held by the last five French presidents. By answering these questions (...) we will develop a perspective on the concepts of national identity and nationalism. Discourse analysis shows a typical discourse for every president, in which nationalist rhetoric appears to play a role. Above all, differences between three structures of significance, or frames, are distinguished, which can be described as ‘sense of belonging’ or ‘paternal protection’, ‘the myth of French values’, and ‘the significant other’. (shrink)

_The Voices of Wittgenstein_ brings for the first time, in both the original German and in English translation, over one hundred short essays in philosophical logic and the philosophy of mind. This text is of key historical importance to understanding Wittgenstein's philosophical thought and development in the 1930's. Transcribed from the papers of Friedrich Waismann and dating from 1932 to 1935, the majority are highly important dictations by Wittgenstein to Waismann. It also includes texts of redrafted material by Waismann, closely (...) based on these dictations. (shrink)

_The Voices of Wittgenstein_ brings for the first time, in both the original German and in English translation, over one hundred short essays in philosophical logic and the philosophy of mind. This text is of key historical importance to understanding Wittgenstein's philosophical thought and development in the 1930's. Transcribed from the papers of Friedrich Waismann and dating from 1932 to 1935, the majority are highly important dictations by Wittgenstein to Waismann. It also includes texts of redrafted material by Waismann, closely (...) based on these dictations. (shrink)

According to several fourth-century Athenian sources, the Spartans were a boorish and uneducated people, who were either hostile toward the written word or simply illiterate. Building upon such Athenian claims of Spartan illiteracy, modern scholars have repeatedly portrayed Sparta as a backward state whose supposedly secretive and reactionary oligarchic political system led to an extremely low level of literacy on the part of the common Spartiate. This article reassesses both ancient and modern constructions of Spartan illiteracy and examines the ideological (...) underpinnings of Athenian attacks on the ostensibly unlettered Lacedaemonians. Beginning with a close analysis of the available archaeological and literary evidence on Spartan public applications of literacy, it argues that the written word played a central role in the operation of the Spartan state, which utilized a variety of documents and required routine acts of literacy on the part of Spartiate commanders and ocials. Both the broad eligibility for the ephorate and the Lacedaemonians' chronic oliganthropia demonstrate that not all of the important public functionaries whose duties customarily involved reading and writing were members of the Spartan elite. The fact that Spartan office-holders acquired their literacy skills from a compulsory and comprehensive system of public education, which promoted the creation of a collective identity, further argues in favor of a literacy that was more broadly based than previous scholars have concluded. The article then accounts for these representations of Spartan illiteracy by locating them in the context of the changing relationship between orality and literacy in fifth- and fourth-century Athens. It argues that as the written word played an increasingly important role in Athenian democratic practice and ideology, it began to performtwo interconnected functions: as a signicant component in Athenian self-denition and as a key indicator of cultural and political dierence between Athens and its Peloponnesian enemies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 36.1 (2003) 1-21 [Access article in PDF] Did Habermas Cede Nature to the Positivists? Gordon R. Mitchell Jürgen Habermas's "colonization of the lifeworld" thesis (1987, 332-73) posits that many of society's pathologies are due to the tendency of institutions to convert social issues that ought to be sorted out by a debating citizenry into technical problems ripe for resolution by expert bureaucracies, thus pre-empting important (...) public discussion. Habermas has attempted to lay bare the pernicious effects of this colonization process in his analysis of public opinion polling, welfare policy, education, German reunification, immigration, and other social issues (see Habermas 1997, 1994, and 1970; Holub 1992). In each of these contexts, Habermas has publicly challenged the encroachment of scientistic modes of decision-making into spheres where joint communicative action by deliberating citizens would yield more appropriate and legitimate judgments. This critical impulse is also evident in Habermas's methodological reflections on the proper role of academic scholarship, where he has argued vigorously against attempts to graft "objectivating" methods of natural scientific inquiry onto research projects in the social sciences (1971, 304-17).From all of this, one might gather that Habermas's commitment to rolling back the influence of technical forms of reasoning is connected to some intrinsic quarrel he has with the natural sciences. Yet such a sweeping generalization is hard to sustain in light of the fact that Habermas does not oppose technical reasoning per se; he recognizes that the daunting complexity of social life in late capitalism requiresthat certain "steering" tasks be delegated to systems that utilize largely instrumental logics to co-ordinate action. Likewise, he acknowledges that the disciplines of the natural sciences necessarily play important supporting roles in such steering projects.One normative presupposition of Habermas's colonization thesis is that there exists some proper boundary demarcating where the sphere of technical reasoning ends and the realm of communicative rationality begins. [End Page 1] On one side of this boundary, Habermas has provided many details on what he sees as the essential qualities of a properly functioning "public sphere," where "new social movements" continuously reweave the threads of communicative fabric holding society together (1996, 359-87), and where "historico-hermeneutic" academic study reflects on public life, sluicing insight back into the capillaries of democratic deliberations (1987, 374-403).What lies on the other side of the boundary is murkier. The proper role of natural scientific investigation has received relatively scant attention in Habermas's critical theory of society, and this has led to some confusion regarding his account of the natural sciences, as well as debate over whether this account has political purchase. One would think that sympathetic commentators, such as Helen Longino (who bases much of her own coherence theory of scientific truth on Habermas), would have reassuring things to say on this point. Yet her lukewarm assessment that, "in trying to clear a space for an autonomous social and critical theory, [Habermas] has ceded nature to the positivists" (1990, 202), raises questions about the flexibility and scope of Habermas's theory of communicative action as a basis for critique of scientific practice.One way to test Habermas's account of the natural sciences on this count is to put his views in conversation with science studies commentators who share a similar commitment to the idea that dialogue and argumentation are constitutive elements of scientific practice. Such an approach recasts the "ceding to positivism" question into a moment of controversy over the role of dialogue, not only as an essential motor driving the scientific enterprise, but also as a vehicle for democratic decision-making on issues related to the purpose and direction of scientific inquiry in society.Part one of this essay locates discursive norms embedded pragmatically in the notion of scientific objectivity. By bringing a modified version of Habermas's theory of communicative action into conversation with other approaches to science studies that foreground intersubjective dialogue as the key motor driving the scientific enterprise, I develop a foundation for robust criticism of systematically distorted scientific communication. Specific strategies of... (shrink)

Courts and legal commentators have been notoriously unsuccessful in articulating a rule to differentiate between uncompensated police power regulations of land by govemment and situations in which the govemment can only interfere with property rights if it provides compensation to those owners who suffer losses. Noticeably absent from most discussions of this “takings” issue is any foundational underpinning in a theory of justice with respect to property holdings. Can two of the most influential contemporary theories ofjustice-that of John Rawls and (...) Robert Nozick -provide such needed support for the analysis of the “takings” issue? By employing the vehicle of three hypothetical exampIes I investigate this question and reach some conclusions conceming the applicability of such abstract theories of justice to the real world. (shrink)

O texto apresenta alguns resultados de pesquisa de mestrado sobre educação quilombola e busca responder como a “escola” presentes na comunidade quilombola Tambaí-Açu, Mocajuba/PA, educam as crianças entre as reproduções ampliadas da vida e as reproduções ampliadas do capital. Trata-se de investigação qualitativa, como base no materialismo histórico-dialético, com dados obtidos a partir de entrevistas semiestruturadas, analisadas em articulação com revisão de literatura científica. Ao se fazer análise de conteúdo, compreendeu-se que, embora haja diversas formas de saberes nos chãos e (...) terreiros da comunidade, como a floresta, os rios, as/os “encantados”, as/os pretos/as velhos/as, os mutirões, o “Quilombauê”, os movimentos sociais como a Associação Remanescente de Quilombo Tambaí-Açu – ACREQTA e, ainda, leis e diretrizes que dão base à Educação Quilombola no Brasil, o que tem prevalecido é o sentido “urbanocêntrico” em termos de educação escolar que desconsidera o espaço rural, suas diversidades, suas formas de aprender a ser, embora contraditoriamente a escola venha buscando a isso se contrapor por meio da integração de suas experiências quilombolas nos processos formativos, a partir de seus modos de se formar-produzir pelo trabalho no mutirão. Palavras-chave: Experiências, Educação, Escolas, Infância Quilombola. (shrink)

This paper argues for the benefits of approaching the terrorist attacks executed by Anders Behring Breivik in Norway on 22 July 2011 from the perspective of Luce Irigaray’s philosophy. In Breivik’s right-wing manifesto 2083, he identifies the triumvirate cultural Marxism, Islam and feminism as the main culprits for Europe’s decay. Despite arguing for the superiority of the white European race, and the dangers of immigration and religious plurality for Europe’s future, Breivik denies the value of difference, be it sexual, cultural (...) or religious. This paper finds support in Irigaray’s philosophy when arguing that, in this respect, Breivik’s extremist ideology operates in alignment with Western metaphysics that posits the masculine European subject as ‘the lord of the earth’, who denies all differences other than the ones hailed by male, white, Christian supremacists. In Norway, the dangers that Breivik and his allies represent are real, given that academics are being targeted and threatened. (shrink)