This article addresses the pressing issue of what process courts should use to identify those questions whose resolution lies beyond their appropriate capacity and legitimacy. The search for such a process is a basic constitutional problem that has defied a clear answer for well over a hundred years. The chequered history of earlier attempts illustrates why commentators have once again begun to gravitate towards institutional approaches. The general features of institutional approaches include emphasis on uncertainty, judicial fallibility, systemic impact, collaboration (...) between branches of government and incrementalism in judging. These features, however, are relied upon in support of two conflicting views of the role of judges in public law adjudication. One is restrictive, and advocates sharp limitations to the ambit of judicial review. The other is contextual, and, in stark contrast, it proposes to expand the ambit of review in reliance on the idea of using principles of restraint to structure the exercise of judicial discretion. While this article does not take sides between them, it nonetheless seeks to refine the contextual institutional approach by outlining a general framework for reasoning with principles of restraint, and by addressing some of the key difficulties such a reasoning process would face. (shrink)

This Handbook brings together contributions from leading scholars of constitutional theory, with backgrounds in law, philosophy, and political science. Its 60 chapters not only offer an exceptional survey of the field but also provide a major contribution to it. The book explores three main areas. Firstly, the values upheld by a constitution, including rights, freedom, equality, dignity and well-being. Secondly, the modalities of a constitutional system, such as the separation of powers, democratic representation, and the rule of law. Finally, the (...) institutions through which it operates, both legal and political; including courts, elections, parliaments and international organisations. It also considers the challenges confronting constitutional arrangements from growing inequality, populism, climate change and migration. (shrink)

The book is aimed at students and scholars of law, politics and philosophy. Of unprecedented breadth, it offers both a survey of, and an original contribution to, the field by some the world's leading scholars of constitutional theory.

This article is the lead piece in a special report that presents the results of a bioethical investigation into chimeric research, which involves the insertion of human cells into nonhuman animals and nonhuman animal embryos, including into their brains. Rapid scientific developments in this field may advance knowledge and could lead to new therapies for humans. They also reveal the conceptual, ethical, and procedural limitations of existing ethics guidance for human‐nonhuman chimeric research. Led by bioethics researchers working closely with an (...) interdisciplinary work group, the investigation focused on generating conceptual clarity and identifying improvements to governance approaches, with the goal of helping scholars, funders, scientists, institutional leaders, and oversight bodies (embryonic stem cell research oversight [ESCRO] committees and institutional animal care and use committees [IACUCs]) deliver principled and trustworthy oversight of this area of science. The article, which focuses on human‐nonhuman animal chimeric research that is stem cell based, identifies key ethical issues in and offers ten recommendations regarding the ethics and oversight of this research. Turning from bioethics’ previous focus on human‐centered questions about the ethics of “humanization” and this research's potential impact on concepts like human dignity, this article emphasizes the importance of nonhuman animal welfare concerns in chimeric research and argues for less‐siloed governance and oversight and more‐comprehensive public communication. (shrink)

Avia Pasternak’s book makes a significant contribution to our understanding of citizen responsibility for historical wrongs. This review nevertheless offers some scepticism about resting citizen liability exclusively on the idea of intentional participation. It argues that the necessity of the state possessing continuing legal responsibility over time is so intrinsic to the function of statehood that the question of citizen liability should be seen as part of the general theory of political obligation. So seen, fair play duties provide a more (...) plausible general ground for citizen liability, even when adapted to unjust regimes. The model of intentional participation may by contrast harbour a muted connection between the ideas of blameworthiness and responsibility that the book in the main wishes to deny. And the practical problems of resting responsibility on intentional participation alone are substantial. Pasternak’s major contribution, untouched by this critique, is to explain how the special obligations undertaken by intentional citizenship strengthen and extend beyond that more foundational duty of responsible citizens. (shrink)

Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading (...) authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism. (shrink)

This chapter is devoted to criticisms of the views of propositions defended by my co-authors, Jeff King and Scott Soames. The focus is on criticism of their attempts to explain the representational properties of propositions. The criticisms are varied, but one theme is a tension between their view that our actions can explain the representational properties of propositions and their commitment to the idea that propositions have their representational properties essentially.

Demonstratives have different semantic values relative to different contexts of utterance. But it is surprisingly difficult to describe the function from contexts to contents which determines the semantic value of a given use of a demonstrative. It is very natural to think that the intentions of the speaker should play a significant role here. The aim of this paper is to discuss a pair of problems that arise for views which give intentions this central role in explaining the characters of (...) demonstratives. As will emerge, these problems lead quickly to a foundational question about the semantics of demonstratives and many other context-sensitive expressions: the question of whether, in explaining their characters, we need to understand them as sensitive, not just to facts about the psychology of the speaker of the context, but also to facts about the audience of the context. I critically examine Jeffrey King’s theory of demonstratives, which answers this question in the affirmative, and argue that it ultimately collapses into a purely speaker-based view of the character of demonstratives. I then show how to develop a much simpler speaker-based theory which both handles all of the cases handled by King’s theory and avoids some of the more serious problems which King’s theory faces. Towards the end I consider how we might solve the very difficult problems which result from cases in which speakers use demonstratives with conflicting referential intentions. (shrink)

THERE’S a well-known scene in Shakespeare’s Henry V in which the King, disguised as an ordinary soldier, is conversing with some of his soldiers on the eve of the battle of Agincourt. Hoping to find or inspire support among them, he remarks: “Methinks I could not die anywhere so contented as in the King’s company, his cause being just and his quarrel honorable.” One soldier replies: “That’s more than we know,” whereupon a second says: “Ay, or more than (...) we should seek after; for we know enough if we know we are the King’s subjects: if his cause be wrong, our obedience to the King wipes the crime of it out of us.”. (shrink)

I reply to criticisms from King and Soames and critically examine two aspects of current orthodoxy about propositions: that they are representational and that they are structured. I argue that (especially once one gives up on intrinsically representational propositions) there is no good reason to think that propositions have representational properties, and distinguish a few different senses in which propositions might be structured, expressing some skepticism about the more ambitious ones.

Martin Heidegger--philosophy's hidden king or leading exponent of a dangerously misguided secular mysticism? Heidegger has been acclaimed as the most powerfully original philosopher of the twentieth century, who made a deep impact on thinkers such as Sartre, Habermas, Foucault, Lacan, and Derrida.

I argue that the best way to solve Russell's problem of the relationship between propositions and their constituents is to think of propositions as properties of worlds. I argue that this view preserves the strengths and avoids some of the weaknesses of the view of the metaphysics of propositions defended by Jeff King in his _The Nature and Structure of Content_, and that it provides an explanation of the representational properties of propositions and the nature of indexical belief. (...) I conclude by discussing some problems about how to think about the semantics of propositional attitude ascriptions, if a view of this sort is correct. (shrink)

This review-essay looks at three texts from, or about, the early days of the Situationist International. The first volume of Guy Debord’s Correspondence reveals the SI’s internal discussions during their decisive first three years; Bernstein’s book represents an example of the continued relevance of the technique of détournement; while Wark’s text demonstrates both the breadth of the Situationist project and that, despite being continually mined by the academy, activists, the creative industries, and other more sinister recuperators, their work has not (...) been depleted of its vitality. Taken together, the three books undermine a series of preconceptions about the SI, namely in terms of Debord’s role at the centre of the group and the SI’s engagement with the forces of the ‘spectacled’. (shrink)

This review-essay looks at three texts from, or about, the early days of the Situationist International. The first volume of Guy Debord’s Correspondence reveals the SI’s internal discussions during their decisive first three years; Bernstein’s book represents an example of the continued relevance of the technique of détournement; while Wark’s text demonstrates both the breadth of the Situationist project and that, despite being continually mined by the academy, activists, the creative industries, and other more sinister recuperators, their work has not (...) been depleted of its vitality. Taken together, the three books undermine a series of preconceptions about the SI, namely in terms of Debord’s role at the centre of the group and the SI’s engagement with the forces of the ‘spectacled’. (shrink)

The Manhattan Project, the allies' project during the Second World War to build the atomic bomb, did not represent a radical break in the development of twentieth-century science but rather an acceleration of developments already underway, ...

In this paper I show that two arguments for the inconsistency of skeptical theism fail. After setting up the debate in Introduction section, I show in The initial debate section why Mylan Engel’s argument (Engel 2004) against skeptical theism does not succeed. In COST section I strengthen the argument so that it both avoids my reply to Engel and parallels Jon Laraudogoitia’s argument against skeptical theism (Laraudogoitia 2000). In COST* section, I provide three replies—one by an evidentialist theist, one by (...) a closure-denying theist, and one by a necessitarian theist, and argue that the necessitarian’s reply successfully rebuts the inconsistency charge. I conclude that skeptical theism which accepts God’s necessary existence is immune to both kinds of arguments for its inconsistency. (shrink)

Drawing on experience teaching secondary philosophy students, I investigate meaningful engagement with Wittgenstein in a Grade 12 epistemology unit. The premise is that without some introduction to landmark philosophers of the early twentieth century, students are left out of many contemporary philosophical conversations: linguistic idealism or relativism, and nominalism versus realism. Wanting to share with students Foucault, Rorty, and Hacking, I need expedient avenues of approach. Using Wittgenstein's methods I offer practical, ‘shallow grounds’ for an eclectic syllabus conveying post-foundational epistemology, (...) justifying Wittgenstein's inclusion in a textbook written for diverse teenagers. Acknowledging teens’ marginality, I draw on Hekman and Scheman's appropriation of Wittgenstein to advance feminist critiques of enthralling traps in [masculinist] language: exploring nature/nurture boundaries (ferals, cyborgs, and ‘gender performativity’) toward combating discrimination in schools. Heeding Cavell, I.. (shrink)

Over a decade after publication of Thinking Again: Education After Postmodernism (1998) contention still emerges among Foucaultians over whether discursively made‐up things really exist, and whether removal of the constituent subject leaves room for agency within techniques of caring for the self. That these questions are kept alive shows that some readers have not rethought Foucault, finding what possibly comes after postmodernism. Using Wittgenstein to ‘reciprocally illuminate’ Foucault (after Tully and Marshall), I open teacher inspection and reforms to problematization, as (...) relations to bedrock rules governing games of truth. ‘How, upon entering classrooms, do inspectors know “teaching” is taking place and not crazy and fuzzy things in its name?’ Taking up Hirst's vexing question, I move beyond liberal‐analytic concept‐mapping and neo‐liberal individualism to more fully assay the political ground for judging teaching practices through genealogy. Epistemological, political and ethical concerns intersect as we approach the problem through Foucault's three axes of an historical‐ontology of the present: knowledge(s), power relations, and arts of the self. Drawing on recent Governmentality Studies in Education (Peters., 2009), we aver the impasses of postmodern relativism while finding limited ranges of agency along each axis, as teachers practice freedoms by critiquing and renegotiating rules. (shrink)

In this paper I show that two arguments for the inconsistency of skeptical theism fail. After setting up the debate, I show why Mylan Engel's argument (Engel 2004) against skeptical theism does not succeed. I then strengthen the argument so that it both avoids my reply to Engel and parallels Jon Laraudogoitia's argument against skeptical theism (Laraudogoitia 2000). In the final section I provide three replies—one by an evidentialist theist, one by a closure-denying theist, and one by a necessitarian theist, (...) and argue that the necessitarian's reply successfully rebuts the inconsistency charge. I conclude that skeptical theism which accepts God's necessary existence is immune to both kinds of arguments for its inconsistency. (shrink)

ABSTRACT Sexting has become a prominent part of adolescent culture. Under current laws, adolescents caught sexting are being arrested, facing child pornography charges, and having to register as sex offenders. State laws on child pornography and child abuse differ throughout the United States and conflict with federal laws, making the ethical obligations for psychologists unclear. The purpose of this article is to promote awareness about legal obligations regarding adolescent sexting, address the ethical dilemma that psychologists face when adolescent sexting is (...) disclosed during psychological treatment, and to provide implications and recommendations for psychologists. (shrink)

On September 8, 2015, the Department of Health and Human Services issued a Notice of Proposed Rule Making to revise the Federal Policy for the Protection of Human Subjects, widely known as the “Common Rule.” The NPRM proposes several changes to the current system, including a dramatic shift in the approach to secondary research using biospecimens and data. Under the current rules, it is relatively easy to use biospecimens and data for secondary research. This approach systematically facilitates secondary research with (...) biospecimens and data, maximizing the capacity for substantial public benefit. However, it has been criticized as insufficiently protective of the privacy and autonomy interests of biospecimen and data sources. Thus, the NPRM proposes a more restrictive regime, although more so for biospecimens than data. Both the status quo and the NPRM's proposal are critically flawed. (shrink)

Animal welfare science and ecology are both generally concerned with the lives of animals, however they differ in their objectives and scope; the former studies the welfare of animals considered ‘domestic’ and under the domain of humans, while the latter studies wild animals with respect to ecological processes. Each of these approaches addresses certain aspects of the lives of animals living in the world though neither, we argue, tells us important information about the welfare of wild animals. This paper argues (...) for the development of a new scientific discipline ‘welfare biology’ to address these issues and more, given the deficiencies of pre-existing life science disciplines to research the subject. Welfare biology is the study of the welfare of all living beings who have a welfare, with a value orientation toward promoting that welfare, regardless of the beings’ situation or relationship to humans and our activities. (shrink)

Education as Freedom is a groundbreaking edited text that documents and reexamines African-American empirical, methodological, and theoretical contributions to knowledge-making, teaching, and learning and American education from the nineteenth through the twenty-first century, a dynamic period of African-American educational thought and activism. Education as Freedom is a long awaited text that historicizes the current racial achievement gap as well as illuminates the myriad of African American voices and actions to define the purpose of education and to push the limits of (...) the democratic experiment in the United States. (shrink)

Philosophy, science, and common sense all refer to propositions--things we believe and say, and things which are true or false. But there is no consensus on what sorts of things these entities are. Jeffrey C. King, Scott Soames, and Jeff Speaks argue that commitment to propositions is indispensable, and each defend their own views on the debate.

State Medical Boards (SMBs) can take severe disciplinary actions (e.g., license revocation or suspension) against physicians who commit egregious wrongdoing in order to protect the public. However, there is noteworthy variability in the extent to which SMBs impose severe disciplinary action. In this manuscript, we present and synthesize a subset of 11 recommendations based on findings from our team’s larger consensus-building project that identified a list of 56 policies and legal provisions SMBs can use to better protect patients from egregious (...) wrongdoing by physicians. (shrink)

If stem cell-based therapies are developed, we will likely confront a difficult problem of justice: for biological reasons alone, the new therapies might benefit only a limited range of patients. In fact, they might benefit primarily white Americans, thereby exacerbating long-standing differences in health and health care.

This study investigates ethical decision-making by considering the differences in ethical judgments between undergraduate business and MBA students on selected ethical issues facing employees and managers of today's businesses. The study further investigates differences in ethical judgments between undergraduates and MBAs in terms of a perceived position as an employee or as a manager. The findings indicate that undergraduate students tend to be more ethical than MBA students and that both groups tend to be more ethical when they perceive themselves (...) as managers rather than employees. The authors discuss the implications for both business practitioners and educators. (shrink)

SummaryIntense, sustained nursing lengthens inter-birth intervals and is causally linked with low natural fertility. However, in traditional settings, the effects of such nursing on fertility are difficult to disentangle from those of nutrition. Results from an prospective, direct observational study of reproductive function in well-nourished Amele women who nurse intensively and persistently but who also have high fertility are here presented. Endocrine measures show that ovarian activity resumes by median 11·0 months postpartum. Median duration of postpartum amenorrhoea is 11·3 months, (...) time to next conception is 19·0 months, and the inter-birth interval is 28·0 months. Average life time fertility is 6·8. High fertility in Amele women is due both to refractoriness of reproductive function to suckling stimuli, and to maintenance of equivalent age-specific fertility rates across the reproductive life span. (shrink)

Since the beginning of the AIDS epidemic, the proportion of AIDS cases among women has continued to rise. Women constituted 23 percent of the AIDS cases reported to the Centers for Disease Control and Prevention in 1995, and 81 percent of these women were of childbearing age. It was not until 1991, however, that epidemiological studies of women were initiated. By comparison, the representation of HIV-infected women in clinical trials gradually has grown. Undoubtedly, a consequence of the increased numbers of (...) women in clinical and epidemiological research is the earlier identification of and more appropriate treatments for HIV-related syndromes when women present in the clinical setting. Despite this expanded focus on women, however, clear information to guide the treatment of HIV-infected women who are pregnant is still lagging behind. (shrink)

Since the beginning of the AIDS epidemic, the proportion of AIDS cases among women has continued to rise. Women constituted 23 percent of the AIDS cases reported to the Centers for Disease Control and Prevention in 1995, and 81 percent of these women were of childbearing age. It was not until 1991, however, that epidemiological studies of women were initiated. By comparison, the representation of HIV-infected women in clinical trials gradually has grown. Undoubtedly, a consequence of the increased numbers of (...) women in clinical and epidemiological research is the earlier identification of and more appropriate treatments for HIV-related syndromes when women present in the clinical setting. Despite this expanded focus on women, however, clear information to guide the treatment of HIV-infected women who are pregnant is still lagging behind. (shrink)

This volume bridges this longstanding divide by demonstrating how rigorous experimental methods can be applied to understanding key existential concerns, ...

This is a paper about the nature of snobbery and the undermining import of a charge of snobbery. On my account, snobs sincerely attempt to identify and correctly evaluate the aesthetically relevant features of an object, but they get things wrong, and their getting things wrong is explained by the fact that they under-value that which they associate with being lower-class. We can see the need for this account by reflecting on examples, and can distinguish it from existing accounts of (...) snobbery by thinking about when and why evidence of snobbery constitutes higher-order evidence against one’s aesthetic judgements. Existing accounts either are consistent with snobs’ aesthetic judgements being flawless, and thus not undermined by evidence of snobbery, or they imply that the canonical reasoning-process for arriving at aesthetic judgements has been bypassed altogether. On my account, by contrast, snobbery does not bypass the canonical aesthetic reasoning-process but distorts it in systematic and predictable ways. (shrink)

The term intersectionality, which is generally attributed to Kimberlé Crenshaw, began as a metaphorical and conceptual tool used to highlight the inability of a single-axis framework to capture the lived experiences of black women. Whilst many disciplines have used the ‘tools’ of intersectionality before 1989, modern day usage of the term is usually associated with Crenshaw’s specific approach. The development of Crenshaw’s intersectionality, originated from the failure of both feminist and anti-racist discourse; to represent and capture the specificity of the (...) discrimination faced by black women. This failure resulted from an inability to identify the multiple grounds which constitute an... (shrink)

For more than a quarter of a century, Hubert L. Dreyfus has been the leading voice in American philosophy for the continuing relevance of phenomenology, particularly as developed by Edmund Husserl, Martin Heidegger, and Maurice Merleau-Ponty. Dreyfus has influenced a generation of students and a wide range of colleagues, and these volumes are an excellent representation of the extent and depth of that influence.In keeping with Dreyfus's openness to others' ideas, many of the essays in this volume take the form (...) of arguments with various of his positions. The essays focus on the dialogue with the continental philosophical tradition, in particular the work of Heidegger, that has played a foundational role in Dreyfus's thinking. The sections are Philosophy and Authenticity; Modernity, Self, and the World; and Heideggerian Encounters. The book concludes with Dreyfus's responses to the essays.Contributors : William D. Blattner, Taylor Carman, David R. Cerbone, Dagfinn Føllesdal, Charles Guignon, Michel Haar, Beatrice Han, Alastair Hannay, John Haugeland, Randall Havas, Jeff Malpas, Mark Okrent, Richard Rorty, Julian Young, Michael E. Zimmerman. (shrink)

The idea that our conscious decisions determine our actions has been challenged by a report suggesting that the brain starts to prepare for a movement before the person concerned has consciously decided to move . Libet et al. claimed that their results show that our actions are not consciously initiated. The current article describes two experiments in which we attempted to replicate Libet et al.'s comparison of participants' movement-related brain activity with the reported times of their decisions to move and (...) also the reported times of their decisions of which hand to move. We also looked at the distribution of participants' reports over time to evaluate an alternative explanation of Libet et al.'s results. Although the Readiness Potential was usually present before all of the decisions to move, consistent with the findings of Keller and Heckhausen and Libet et al. , we found that many reported decision times were before the onset of the Lateralized Readiness Potential, which measures hand-specific movement preparation. The latter finding is consistent with the conclusion that the LRP always started after the conscious decision to move. We conclude that even though activity related to movement anticipation may be present before a conscious decision to move, the cortical preparation necessary for the movement to happen immediately may not start until after the conscious decision to move. (shrink)