This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book's introductory chapters lay the groundwork for researchers (...) to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions' analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure - for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book's contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise. (shrink)

John McDowell argues that for virtuous agents the requirements of virtue do not outweigh competing considerations, but 'silence' them. He explains this claim in two different ways: a virtuous agent (a) will not be tempted to act in a way which is incompatible with virtue ('motivational silencing'), or (b) will not believe that he has any reason to act in a way which is incompatible with virtue ('rational silencing'). I identify a small class of cases in which alone McDowell's claims (...) about rational silencing are true. He draws his claims from Aristotle's assertion that a life of virtue is 'self-sufficient'. I offer an alternative reading of Aristotle's assertion, which does not imply the truth of McDowell's. But McDowell's claims about motivational silencing are true. (shrink)

The universe that surrounds us is vast, and we are so very small. When we reflect on the vastness of the universe, our humdrum cosmic location, and the inevitable future demise of humanity, our lives can seem utterly insignificant. Many philosophers assume that such worries about our significance reflect a banal metaethical confusion. They dismiss the very idea of cosmic significance. This, I argue, is a mistake. Worries about cosmic insignificance do not express metaethical worries about objectivity or nihilism, and (...) we can make good sense of the idea of cosmic significance and its absence. It is also possible to explain why the vastness of the universe can make us feel insignificant. This impression does turn out to be mistaken, but not for the reasons typically assumed. In fact, we might be of immense cosmic significance-though we cannot, at this point, tell whether this is the case. (shrink)

Philosophy and Phenomenological Research, Volume 104, Issue 3, Page 676-695, May 2022.

Psychiatry presents a unique array of difficult ethical questions. However, a major challenge is to approach psychiatry in a way that does justice to the real ethical issues. Recently there has been a growing body of research in empirical psychiatric ethics, and an increased interest in how empirical and philosophical methods can be combined. Empirical Ethics in Psychiatry demonstrates how ethics can engage more closely with the reality of psychiatric practice and shows how empirical methodologies from the social sciences can (...) help foster this link. -/- The book is divided into two sections. In the first section there are discussions of the possibility of empirical ethics from a theoretical standpoint and an overview of the history of empirical medical ethics in general. The second, larger section is made up of chapters, discussing specific research projects in empirical psychiatric ethics. The contributors reflect on their choice of method: how and why they combine empirical and philosophical work, and how the two approaches relate to each other. The chapters in the second part thus have two purposes. The first is to present examples of empirical ethics in psychiatry; the second is to reflect on the way in which empirical research can support ethical analysis. -/- Empirical Ethics in Psychiatry is a unique contribution to bioethics and will be fascinating reading for all those working within the field, as well as mental health care professionals. (shrink)

This chapter is divided into three parts. First I outline what makes something an objective list theory of well-being. I then go on to look at the motivations for holding such a view before turning to objections to these theories of well-being.

This article examines how the historian deals with ‘information’ broadly conceived, especially its acquisition, retention and loss. Ammianus details a complex interplay between those who control information and those who must work with an information deficit. Just as this dialogue plays out within the text, however, so too does it with respect to the author's methodology, which dances between the poles of incomplete and complete information depending on circumstance. Ammianus thus becomes an author as hard to pin down as many (...) of his characters, by turns the omniscient narrator and the dumbfounded participant. (shrink)

Comprising specially commissioned essays from some of the most significant contributors to the field, this volume provides a uniquely authoritative and thorough survey of the main lines of Wittgenstein scholarship over the past 50 years, tracing the history and current trends as well as anticipating the future shape of work on Wittgenstein. The first collection of its kind, this volume presents a range of perspectives on the different approaches to the philosophy of Wittgenstein Written by leading experts from America, Britain, (...) and Europe Provides a much needed overview of the complex landscape of Wittgenstein exegesis and Wittgensteinian approaches to philosophy Assesses the current state, aims, and future of Wittgenstein scholarship An essential guide for both students and scholars. (shrink)

Claims about needs are a ubiquitous feature of everyday practical discourse. It is therefore unsurprising that needs have long been a topic of interest in moral philosophy, applied ethics, and political philosophy. Philosophers have devoted much time and energy to developing theories of the nature of human needs and the like. -/- Philosophers working on needs are typically committed to the idea that there are different kinds of needs and that within the different kinds of needs is a privileged class (...) of needs that is especially normatively significant. -/- Some philosophers go further and make rather grand claims about needs. They claim that needs are central or fundamental to moral thinking and that we must have a needs-centred moral theory or a general reorientation of moral philosophy around needs. -/- In this paper I aim to do two things. First, to show how applying recent work on modal terms can help us to understand thought and talk about needs. This is the positive part. I then use these ideas to cast doubt on the more ambitious claims about needs. Put briefly, a proper understanding of claims about needs undermines the idea that the concept of needs is fundamental in moral thought or in moral philosophy. Ambitious needs theory fails. (shrink)

Charles Péguy (1873–1914) was a French religious poet, philosophical essayist, publisher, social activist, Dreyfusard, and Catholic convert. There has recently been a renewed recognition of Péguy in France as a thinker of unique significance, a reconsideration inspired in large part by Gilles Deleuze’s Différence et répétition, which ranked him with Nietzsche and Kierkegaard. In the English-speaking world, however, access to Péguy has been hindered by a scarcity of translations of his work. This first complete translation of one of his most (...) important prose works, with accompanying interpretive introduction and notes, will introduce English-speaking readers to a new voice, which speaks in a powerful and original way to a modern West in a condition of cultural and spiritual crisis. The immediate circumstance of the writing of this last prose essay, unfinished at the time of Péguy’s early death, was the placing of Henri Bergson’s philosophical works on the Catholic Index, and Péguy’s undertaking to defend his former teacher from his critics, both Catholic and secular. But the subject of Bergson is also a springboard for the exploration of the perennial themes—philosophical, theological, and literary—most central to Péguy’s thought. (shrink)

Social Postmodernism offers a transformative political vision and addresses the live questions in identity politics. The postmodern focus on race, sexuality and gender is sharpened by integrating the micro-social concerns of the social movements associated with these issues and macro-institutional and cultural analysis. Social Postmodernism brings together leading theorists to explore further the implications for the discourses of feminism, post-Marxian cultural studies, African-American, Gay, Latino/a and postcolonial studies.

So-called theories of well-being (prudential value, welfare) are under-represented in discussions of well-being. I do four things in this article to redress this. First, I develop a new taxonomy of theories of well-being, one that divides theories in a more subtle and illuminating way. Second, I use this taxonomy to undermine some misconceptions that have made people reluctant to hold objective-list theories. Third, I provide a new objective-list theory and show that it captures a powerful motivation for the main competitor (...) theory of well-being (the desire-fulfilment theory). Fourth, I try to defuse the worry that objective-list theories are problematically arbitrary and show how the theory can and should be developed. (shrink)

According to James C. Scott, in The Art of Not Being Governed, the resistance of Southeast Asian “hill peoples” to state subordination manifested itself in their deliberate abandonment of both sedentary agriculture and literacy. He argues that “tribality” (group-generated state evasion) is the polar opposite of “peasantry” (state-controlled agriculture). The hill peoples’ foraging and swiddening were thus political choices. Scott’s anthropological and geographical approach to these historical studies is admirable, but, despite his book’s subtitle (An Anarchist History of Upland Southeast (...) Asia), it lacks any reflection on the history of anarchism beyond the observation that tens of millions of persons wanted to avoid being bossed and taxed by the state. There is in the book, moreover, an absence of reflection on the oppressive nature of society: the state, Scott claims, is always repressive, whereas societies without a state are freer. This essay review asks whether the author shares with states, despite his criticism of them, a paucity of concern for the fates of individuals. (shrink)

If humanism is not equal to scientific naturalism, atheism, skepticism, or secularism, what then is humanism?

Philosophers have long been involved in the pursuit of a goal shared by researchers in psychiatry and the cognitive sciences: understanding the relationship between the functioning of the human mind and human well-being or suffering. For this reason there is a very large area of overlap between philosophical and psychiatric research. The overlap is particularly significant in the domain of practical ethics, which is concerned with understanding the moral dimension of policies and actions in the real world. This chapter reviews (...) two distinct domains in which psychiatry and practical ethics overlap. First, issues in practical ethics arise out of new advances in psychopharmacology, including clinical and non-clinical use of new antidepressants drugs, the clinical use of placebo medications, and psychiatric drugs which enhance human cognition; these issues are frequently grouped under the banner of "neuroethics." Second, the understanding of fundamental questions in moral philosophy is being driven forward by evidence from psychology and psychiatry. Evidence from autism and the personality disorders is shedding light on the nature of moral motivation, while evidence from addiction and compulsion is generating progress in understanding moral responsibility. Finally, some areas are highlighted in which the science of psychiatry may benefit from the application of existing work in moral philosophy and practical ethics. (shrink)

On parle depuis longtemps d'une "dialectique de la raison", c'est-à-dire d'un renversement de la raison en son contraire : identifiée à l'origine à un projet d'émancipation, elle se serait subrepticement transformée en "raison du plus fort". C'est à une telle question que le présent livre s'attache de façon critique : analysant la philosophie politique de Leo Strauss, la dialectique de la raison et la force chez Machiavel, Hobbes et Locke, l'approche de la modernité par Foucault et par l'Ecole de Francfort, (...) l'ouvrage se termine sur une mise en question générale de la métaphysique post-kantienne. (shrink)

This chapter contains section titled: Main Approaches to Wittgenstein Interpretation Themes and Controversies Questions of Style and Method The Articles in This Volume.

Well-being occupies a central role in ethics and political philosophy, including in major theories such as utilitarianism. It also extends far beyond philosophy: recent studies into the science and psychology of well-being have propelled the topic to centre stage, and governments spend millions on promoting it. We are encouraged to adopt modes of thinking and behaviour that support individual well-being or 'wellness'. What is well-being? Which theories of well-being are most plausible? In this rigorous and comprehensive introduction to the topic, (...) Guy Fletcher unpacks and assesses these questions and many more, including: Are pleasure and pain the only things that affect well-being? Is desire-fulfilment the only thing that makes our lives go well? Can something be good for someone who does not desire it? Is well-being fundamentally connected to a distinctive human nature? Is happiness all that makes our lives go well? Is death necessarily bad for us? How is the well-being of a whole life related to well-being at particular times? Also included is a glossary of key terms, and annotated further reading and study and comprehension questions follow each chapter, making _The Philosophy of Well-Being_ essential reading for students in ethics and political philosophy, and also suitable for those in related disciplines such as psychology, politics and sociology. (shrink)

The concept of well-being is one of the oldest and most important topics in philosophy and ethics, going back to ancient Greek philosophy and Aristotle. Following the boom in happiness studies in the last few years it has moved to centre stage, grabbing media headlines and the attention of scientists, psychologists and economists. Yet little is actually known about well-being and it is an idea often poorly articulated. The Routledge Handbook of Philosophy of Well-Being provides a comprehensive, outstanding guide and (...) reference source to the key topics and debates in this exciting subject. Comprising over forty chapters by a team of international contributors, the Handbook is divided into six parts: well-being in the history of philosophy current theories of well-being, including hedonism, and perfectionism examples of well-being and its opposites, including friendship and virtue and pain and death theoretical issues such as well-being and value, harm, identity and well-being and children well-being in moral and political philosophy well-being and related subjects including law, economics, and medicine. Essential reading for students and researchers in ethics and political philosophy, it will also be an invaluable resource for those in related disciplines such as psychology, politics and sociology. (shrink)

It is commonly claimed that reliance upon moral testimony is problematic in a way not common to reliance upon non-moral testimony. This chapter provides a new explanation of what the problem consists in—one that enjoys advantages over the most widely accepted explanation in the extant literature. The main theses of the chapter are as follows: that many forms of normative deference beyond the moral are problematic, that there is a common explanation of the problem with all of these forms of (...) deference—an explanation that is based on the connection between the relevant judgments and desire-like attitudes, and that this explanation is compatible with moral realism. (shrink)

What is it to "value" something, in the semi-technical sense of the term that Gary Watson establishes? I argue that valuing something consists in caring about it. Caring involves not only emotional dispositions of the sort that Agnieszka Jaworska has elaborated, but also a distinctive cognitive disposition – namely, a (defeasible) disposition to believe the object cared about to be a source of agent-relative reasons for action and for emotion. Understood in this way, an agent's carings have a stronger claim (...) to "speak for" her as her values than do other attitudes that have been proposed for this role. In particular, an agent's carings establish more robust psychological continuities and cross-temporal connections than do self-governing policies of the sort that Michael Bratman has described; and they forge diachronic coherence not just in her deliberation and action, as self-governing policies do, but also in her cognitive and emotional life. An agent's carings thus help to constitute her identity as a temporally persisting subject . Self-governing policies are at best ersatz -values, which an agent may choose to adopt when she finds that her proper values – her cares – leave her course underdetermined. (shrink)

Philosophers have long theorized about what makes people's lives go well, and why, and the extent to which morality and self-interest can be reconciled. However, we have spent little time on meta-prudential questions, questions about prudential discourse—thought and talk about what is good and bad for us; what contributes to well-being; and what we have prudential reason, or prudentially ought, to do. This situation is surprising given that prudence is, prima facie, a normative form of discourse and cries out for (...) further investigation of what it is like and whether it has problematic commitments. It also marks a stark contrast from moral discourse, about which there has been extensive theorizing, in meta-ethics. -/- Dear Prudence: The Nature and Normativity of Prudential Discourse has three broad aims. Firstly, Guy Fletcher explores the nature of prudential discourse. Secondly, he argues that prudential discourse is normative and authoritative, like moral discourse. Thirdly, Fletcher aims to show that prudential discourse is worthy of further, explicit, attention both due to its intrinsic interest but also for the light it sheds on the meta-normative more broadly. (shrink)

Evolutionary debunking arguments are arguments that appeal to the evolutionary origins of evaluative beliefs to undermine their justification. This paper aims to clarify the premises and presuppositions of EDAs—a form of argument that is increasingly put to use in normative ethics. I argue that such arguments face serious obstacles. It is often overlooked, for example, that they presuppose the truth of metaethical objectivism. More importantly, even if objectivism is assumed, the use of EDAs in normative ethics is incompatible with a (...) parallel and more sweeping global evolutionary debunking argument that has been discussed in recent metaethics. After examining several ways of responding to this global debunking argument, I end by arguing that even if we could resist it, this would still not rehabilitate the current targeted use of EDAs in normative ethics given that, if EDAs work at all, they will in any case lead to a truly radical revision of our evaluative outlook. (shrink)

Institutional explanations have been, and continue to be, one of the most important means of understanding the choices made by governments and other actors in society. This four volume set brings together a collection of the key readings in institutional theory and its applications to political phenomena. Although the principal focus of these readings is on institutional theory based in political science, articles from other disciplines that have been central to the development of theory in this discipline, or that have (...) substantial relevance for political phenomena, have also been included. Forming part of the SAGE Library of Political Science, this set contains a substantial overall introduction and conclusion as well as shorter introductions to each Part. It is an essential purchase for social science libraries around the world. (shrink)

This article suggests a fresh look at gauge symmetries, with the aim of drawing a clear line between the a priori theoretical considerations involved, and some methodological and empirical non-deductive aspects that are often overlooked. The gauge argument is primarily based on a general symmetry principle expressing the idea that a change of mathematical representation should not change the form of the dynamical law. In addition, the ampliative part of the argument is based on the introduction of new degrees of (...) freedom into the theory according to a methodological principle that is formulated here in terms of correspondence between passive and active transformations. To demonstrate how the two kinds of considerations work together in a concrete context, I begin by considering spatial symmetries in mechanics. I suggest understanding Mach's principle as a similar combination of theoretical, methodological and empirical considerations, and demonstrate the claim with a simple toy model. I then examine gauge symmetries as a manifestation of the two principles in a quantum context. I further show that in all of these cases the relational nature of physically significant quantities can explain the relevance of the symmetry principle and the way the methodology is applied. In the quantum context, the relevant relational variables are quantum phases. (shrink)

The portrait of John Locke as a secular advocate of Enlightenment rationality has been deconstructed by the recent 'religious turn' in Locke scholarship. This book takes an important next step: moving beyond the 'religious turn' and establishing a 'theological turn', Nathan Guy argues that John Locke ought to be viewed as a Christian political philosopher whose political theory was firmly rooted in the moderating Latitudinarian theology of the seventeenth-century. Nestled between the secular political philosopher and the Christian public theologian stands (...) Locke, the Christian political philosopher, whose arguments not only self-consciously depend upon Christian assumptions, but also offer a decidedly Christian theory of government. Finding Locke's God identifies three theological pillars crucial to Locke's political theory: (1) a biblical depiction of God, (2) the law of nature rooted in a doctrine of creation and (3) acceptance of divine revelation in scripture. As a result, Locke's political philosophy brings forth theologically-rich aims, while seeking to counter or disarm threats such as atheism, hyper-Calvinism, and religious enthusiasm. Bringing these items together, Nathan Guy demonstrates how each pillar supports Locke's Latitudinarian political philosophy and provides a better understanding of how he grounds his notions of freedom, equality and religious toleration. Convincingly argued and meticulously researched, this book offers an exciting new direction for Locke studies. (shrink)

M. W. Rowe’s outstanding book is the first full-dress biography of the philosopher J. L. (John Langshaw) Austin, who died in 1960 aged 48. During his comparatively short life, Austin made significa...

Recent research has relied on trolley-type sacrificial moral dilemmas to study utilitarian versus nonutili- tarian modes of moral decision-making. This research has generated important insights into people’s attitudes toward instrumental harm—that is, the sacrifice of an individual to save a greater number. But this approach also has serious limitations. Most notably, it ignores the positive, altruistic core of utilitarianism, which is characterized by impartial concern for the well-being of everyone, whether near or far. Here, we develop, refine, and validate a (...) new scale—the Oxford Utilitarianism Scale—to dissociate individual differences in the ‘negative’ (permissive attitude toward instrumental harm) and ‘positive’ (impartial concern for the greater good) dimensions of utilitarian thinking as manifested in the general population. We show that these are two independent dimensions of proto-utilitarian tendencies in the lay population, each exhibiting a distinct psychological profile. Empathic concern, identification with the whole of humanity, and concern for future generations were positively associated with impartial beneficence but negatively associated with instrumental harm; and although instrumental harm was associated with subclinical psychopathy, impartial beneficence was associated with higher religiosity. Importantly, although these two dimensions were independent in the lay population, they were closely associated in a sample of moral philosophers. Acknowledging this dissociation between the instrumental harm and impartial beneficence components of utilitarian thinking in ordinary people can clarify existing debates about the nature of moral psychology and its relation to moral philosophy as well as generate fruitful avenues for further research. (shrink)

This book aims to productively engage the pioneering work of Queer theorists and point toe way towards a new sociological Queer studies.

In the past few years, several democratic governments have published their National AI Strategies (NASs). These documents outline how AI technology should be implemented in the public sector and explain the policies that will ensure the ethical use of personal data. In this article, I examine these documents as political texts and reconstruct the political imaginary that underlies them. I argue that these documents intervene in contemporary democratic politics by suggesting that AI can help democracies overcome some of the challenges (...) they are facing. To achieve this, NASs use different kinds of imaginaries—democratic, sociotechnical and data—that help citizens envision how a future AI democracy might look like. As part of this collective effort, a new kind of relationship between citizens and governments is formed. Citizens are seen as autonomous data subjects, but at the same time, they are expected to share their personal data for the common good. As a result, I argue, a new kind of political imaginary is developed in these documents. One that maintains a human-centric approach while championing a vision of collective sovereignty over data. This kind of political imaginary can become useful in understanding the roles of citizens and governments in this technological age. (shrink)

Presents facts and speculations about the mind and body, the earth and the universe, evolution, death, and other aspects of science and philosophy.