Understanding legal rules not as determinants of behavior but as points of reference for conduct, this volume considers the ways in which rules are invoked, referred to, interpreted, put forward, or blurred. It also asks how both legal practitioners and lay participants conceive of and participate in the construction of facts and rules, and thus, through decisions, defenses, pleas, files, evidence, interviews and documents, actively participate in law's life. With attention to the formulation of notions such as person, evidence, intention, (...) cause and responsibility in the course of legal practices, Legal Rules in Practice provides the outlines of a praxiological anthropology of law - an anthropology that focuses on words, concepts and reasoning as actively used to solve conflicts with the help of legal rules. As such, it will appeal to sociologists, anthropologists and scholars of law with interests in ethnomethodology, rule-based conduct and practical reasoning. (shrink)

This paper synthesises a collaborative review of social capital theory, with particular regard for its relevance to the changing educational landscape within Scotland. The review considers the common and distinctive elements of social capital, developed by the founding fathers-Putnam, Bourdieu and Coleman-and explores how these might help to understand the changing contexts and pursue opportunities for growth.

Jules Coleman, one of the world's leading philosophers of law, here presents his most mature work so far on substantive issues in legal theory and the appropriate methodology for legal theorizing. In doing so, he takes on the views of highly respected contemporaries such as Brian Leiter, Stephen Perry, and Ronald Dworkin.

This paper is the second of two in a series. In our first paper, we presented a social justice framework emerging from an extensive literature review and incorporating core social determinants specific to mental health in the age of COVID-19 and illustrated specific social determinants impacting mental health (SDIMH) of our resettled Bhutanese refugee population during the pandemic. This second paper details specific barriers to the SDIMH detrimental to the basic human rights and social justice of this population during this (...) pandemic. The SDIMH, as described, further informs the need for social justice measures and cultural humility in mental healthcare, public health, law, and community engagement. This work concludes with a proposed call to action toward mental health improvement and fair treatment for refugee populations in three core areas: communication and education, social stigma and discrimination, and accessibility and availability of resources. (shrink)

This book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional "rational choice" liberalism in favor of the view that the market operates as a rational way of fostering stable (...) relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible. Another target of this book is the prevalent view that tort law helps rectify market failures when transaction costs are too high to permit contracting. The author argues instead that tort law should be understood as a way of rectifying wrongful losses not inefficient exchanges. (shrink)

This collection of essays by one of America's leading legal theorists is unique in its scope: it shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science.

In response to the increasing number of mentally ill people experiencing homelessness, some policy‐makers have called for the expanded use of involuntary commitment, even for individuals who are not engaging in behaviors that are immediately life‐threatening. Yet there is no evidence that involuntary commitment offers long‐term benefits, and significant reasons to believe that expanding the practice will cause harm. In addition, these proposals ignore research showing that most people with mental illness have the capacity to make medical decisions for themselves. (...) Rather than expanding the use of involuntary commitment, policy‐makers should support approaches proven to decrease the prevalence of homelessness, such as supportive housing. In addition, states should reevaluate their commitment standards for persons who pose no risk of harm to others. One promising approach is Northern Ireland's Mental Health Capacity Act of 2016, which establishes a uniform standard for imposing nonconsensual health care interventions, without any distinction between mental illnesses and other conditions in which capacity might be compromised. (shrink)

This paper presents a discussion of an apparent inconsistency between Hume's moral theory and his moral evaluations of historical characters in his History of England. While Hume considers enthusiasm to be a religious vice, he praises the characters of some historical enthusiasts, blames others, and regards enthusiasm as having a positive social effect. But according to Hume's moral theory, only a virtue can have positive social effect, or be praiseworthy. The paper refers to the inconsistency between the History and the (...) moral theory as the ‘enthusiasm puzzle’. The paper concludes by explaining the inconsistency as being rooted in a problem with Hume's moral theory. (shrink)

In this acclaimed work, first published in 1986, world-renowned scholar Arthur C. Danto explored the inextricably linked but often misunderstood relationship between art and philosophy. In light of the book's impact--especially the essay "The End of Art," which dramatically announced that art ended in the 1960s--this enhanced edition includes a foreword by Jonathan Gilmore that discusses how scholarship has changed in response to it. Complete with a new bibliography of work on and influenced by Danto's ideas, _The Philosophical Disenfranchisement of (...) Art_ continues to be of interest to anyone who thinks seriously about art, as well as to philosophers, aestheticians, and art historians. (shrink)

This book is the most comprehensive and rigourous critique of the ways disciplinary boundaries still inhibit knowledge-production and integration.

It is currently common to conceive of the classic methodological individualism–holism debate in level terms. Accordingly, the dispute is taken to concern the proper level of explanations in the social sciences. In this paper, I argue that the debate is not apt to be characterized in level terms. The reason is that widely adopted notions of individualist explanations do not qualify as individual-level explanations because they span multiple levels. I defend this claim relative to supervenience, emergence, and other accounts of (...) the social world as levelled. Moreover, I discuss the consequences of this finding for the ongoing methodological individualism–holism debate. (shrink)

In this article, I examine the relation between Bateson and Guattari’s ecological thoughts: two thinkers whose ecological ideas at first sight have a lot in common. In order to show the difference between the thoughts of both thinkers, I will take my clue from Guattari’s remark that he parts ways with Bateson on the role of context. Explaining the role of context in both authors will allow me to show how Guattari’s thought implies both an endorsement and a critique of (...) cybernetics, and, specifically, promoting a machinic rather than cybernetic ecology. I will conclude by indicating what is at stake in this distinction. (shrink)

Anthropology continues to develop both in terms of theory and in relation to the ways in which fieldwork is conducted. Dislocating Anthropology? seeks to capture and represent these developments through a collection of ethnographic essays that are cutting edge, but which do not represent a complete break with what has gone before. In recent years anthropologists have increasingly come to accept that fieldwork in bounded and discrete places is no longer tenable. People can no longer be represented in these static, (...) parochial terms. At the start of the 21st century, and with the possibility of internet connections almost anywhere, we have the potential to move even when we are stationary. Each of the contributors to this collection have identified and attempted to understand sets of relationships that are both temporally and spatially dynamic, that appear to flow into and out of 'the field.' Together, the chapters shed light on a number of methodological conundrums, or dislocations, relating, for example, to locality, identity, fieldwork, and reflexivity. The book is concerned with dislocation as both practice and process, and as such extends a theme that has arguably been central to Anthropology since Malinowski's Trobriand ethnography. (shrink)

This article will examine the case of Ms B, a woman with tetraplegia for a year, who, prior to rehabilitation or return to community life, sought a ruling that doctors may turn off her ventilator. The authors are people with disabilities. Their analysis focuses on the manner in which the High Court framed the case in terms of mental capacity, addressed the issue of suicide and ambivalence, and resolved informed consent and treatment alternative issues. While the disability community in the (...) US does not oppose the general right to refuse treatment, there is significant concern about lack of informed consent and denial of desired treatment alternatives, and the cavalier manner in which these factors have been dismissed. (shrink)

This book is an interdisciplinary study of the fundamental normative issues underpinning immigration policy. Economists, political scientists and philosophers address issues such as the proper role of the state in supporting a particular culture, the possible destabilization of the political and social life of a country through immigration, the size and distribution of economic losses and gains, and the legitimacy of discriminating against potential immigrants in favour of members of the resident population. The need for serious philosophical consideration of this (...) subject is beyond question. This volume should advance discussion in an area of great practical as well as philosophical importance. (shrink)

An important volume connecting classical studies with feminism, Feminism and Ancient Philosophy provides an even-handed assessment of the ancient philosophers' discussions of women and explains which ancient views can be fruitful for feminist theorizing today. The papers in this anthology range from classical Greek philosophy through the Hellenistic period, with the predominance of essays focusing on topics such as the relation of reason and the emotions, the nature of emotions and desire, and related issues in moral psychology. The volume contains (...) some new, ground-breaking essays on Plato, Aristotle, and the Stoics, as well as previously published pieces by established scholars like Martha Nussbaum and Julia Annas. It promises to be of interest to an interdisciplinary audience including those working in classics, ancient philosophy, and feminist theory. (shrink)

This paper examines the problems that may arise, particularly for military personnel, when the requirements of doing one's duty seem to come into conflict with the demands of loyalty. This conflict is especially problematic because loyalty is often seen, especially by serving military personnel, as the highest of military virtues. The paper introduces a categorisation of ethical issues into two main types, which are referred to as ‘ethical dilemmas’ and ‘tests of integrity’ which is then used to clarify the issues (...) involved when duty and loyalty come into conflict. It is argued that a true understanding of loyalty and disloyalty means that the demands of loyalty can never legitimately override a genuine duty to follow orders. (shrink)

Background Biobanking and genomic research requires collection and storage of human tissue from study participants. From participants’ perspectives within the African context, this can be associated with fears and misgivings due to a myriad of factors including myths and mistrust of researchers. From the researchers angle ethical dilemmas may arise especially with consenting and sample reuse during storage. The aim of this paper was to explore these ethical considerations in the establishment and conduct of biobanking and genomic studies in Africa. (...) Methods We conducted a narrative synthesis following a comprehensive search of nine (9) databases and grey literature. All primary research study designs were eligible for inclusion as well as both quantitative and qualitative evidence from peer reviewed journals, spanning a maximum of 20 years (2000–2020). It focused on research work conducted in Africa, even if data was stored or analysed outside the region. Results Of 2,663 title and abstracts screened, 94 full texts were retrieved and reviewed for eligibility. We included 12 studies (7 qualitative; 4 quantitative and one mixed methods). Ethical issues described in these papers related to community knowledge and understanding of biobanking and genomic research, regulation, and governance of same by research ethics committees, enrolment of participants, types of informed consents, data collection, storage, usage and sharing as well as material transfer, returning results and benefit sharing. ca. Biospecimen collection and storage is given in trust and participants expect confidentially of data and results generated. Most participants are comfortable with broad consent due to trust in researchers, though a few would like to be contacted for reconsenting in future studies, and this would depend on whether the new research is for good cause. Sharing data with external partners is welcome in some contexts but some research participants did not trust foreign researchers. Conclusion Biobanking and genomic studies are a real need in Africa. Linked to this are ethical considerations related to setting up and participation in biobanks as well as data storage, export, use and sharing. There is emerging or pre-existing consensus around the acceptability of broad consent as a suitable model of consent, the need for Africans to take the lead in international collaborative studies, with deliberate efforts to build capacity in local storage and analysis of samples and employ processes of sample collection and use that build trust of communities and potential study participants. Research ethics committees, researchers and communities need to work together to work together to adapt and use clearly defined ethical frameworks, guidelines, and policy documents to harmonize the establishment and running of biobanking and genomic research in Africa. (shrink)

Home care is one of the fastest‐growing industries in the United States, providing valuable opportunities for millions of older adults and people with disabilities to live at home rather than in institutional settings. Home care workers assist clients with essential activities of daily living, but their wages and working conditions generally fail to reflect the importance of their work. Drawing on the work of Eva Feder Kittay and other care ethicists, we argue that good care involves attending to the needs (...) of another out of a concern for their well‐being. Such care should be standard in the home care system. Yet, because of the pervasive racial, gender, and economic inequalities that the home care industry perpetuates, home care workers and their clients cannot reasonably be expected to care about each other. We endorse reforms aimed at enabling home care workers and their clients to form and maintain professional relationships that cultivate care.. (shrink)

There is a deep cultural anxiety around public expressions of maternalism and the application of maternal values to society as a whole. Julie Stephens examines why postmaternal thinking has become so influential in recent decades and why there has been a growing unease with maternal forms of subjectivity and maternalist perspectives. In moving beyond policy definitions, which emphasize the priority given to women's claims as employees over their political claims as mothers, Stephens details an elaborate process of cultural forgetting (...) that has accompanied this repudiation of the maternal. Reclaiming an alternative feminist position through an investigation of oral history, life narratives, Web blogs, and other rich and varied sources, Stephens confronts the core claims of postmaternal thought and challenges dominant representations of feminism as having forgotten motherhood. Deploying the interpretive framework of memory studies, she examines the political structures of forgetting surrounding the maternal and the weakening of nurture and care in the public domain. She views the promotion of an illusory, self-sufficient individualism as a form of social unmothering that is profoundly connected to this ethos. In rejecting both traditional maternalism and the new postmaternalism, Stephens challenges prevailing paradigms and makes way for an alternative feminist maternalism centering on a politics of care. (shrink)

In empirical modeling, mathematics has an important utility in transforming descriptive representations of target system into calculation devices, thus creating useful scientific models. The transformation may be considered as the action of tools. In this paper, I assume that model idealizations could be such tools. I then examine whether these idealizations have characteristic properties of tools, i.e., whether they are being adapted to the objects to which they are applied, and whether they are to some extent generic.

The common assumption is that if a group comprising moral agents can act intentionally, as a group, then the group itself can also be properly regarded as a moral agent with respect to that action. I argue, however, that this common assumption is the result of a problematic line of reasoning I refer to as “the collective fallacy.” Recognizing the collective fallacy as a fallacy allows us to see that if there are, in fact, irreducibly joint actors, then some of (...) them will lack the full-fledged moral agency of their members. The descriptivist question of whether a group can perform irreducibly joint intentional action need not rise and fall with the normative question of whether a group can be a moral agent. (shrink)

Some believe that it is immoral to harm animals, but it is not immoral to kill humanely raised domesticated animals. Implicit in this is the assumption that it is possible to raise and slaughter animals without harming them significantly. In recent years, a number of philosophers – DeGrazia, Harman, Bradley, and others – have claimed that slaughter harms an animal in proportion to the amount of valuable future life that an animal loses in dying, which seems to challenge this assumption. (...) But a question remains: how much are domesticated animals, particularly humanely raised ones, harmed by their slaughter? Here, I take up this question. My answer may be surprising: in ordinary circumstances, slaughter hardly deprives humanely raised animals of any good life, and so is not very harmful to them. This result may strengthen the case for humane slaughter – or it may give us reason to revise our understanding of the harmfulness of death. (shrink)

This is an overview of Davidson's theory of anomalous monism. Objections and replies are also detailed.

Julie Houts has cultivated a devoted following as "Instagram's favourite illustrator" (Vogue) by lampooning the conflicting messages and images women consume and share with the world every day. A collection of darkly comic illustrated essays, Literally Me chronicles the daily exploits of "slightly antisocial heroines" (Refinery29) in vivid, excruciatingly funny detail, including: -The beauty routine of a deranged bride who aspires to be "truly without flaws" on her wedding day -What happens when Kylie Jenner has an existential crisis and (...) can no longer "step out" -A journey to Coachella by the Four Horsewomen of the Apocalypse -The true dating confessions of a fembot -The terrifying description for Alice Staunch's book How to be the Perfect Feminist -The diary of Fiddle Ficus, a tree that lives inside a CÉLINE store, and much more. Literally Me marks the launch of a brilliant new social satirist. Julie's singular voice and beautiful illustrations reveal the truth about the absurdity of life in the social media age: the line between becoming a total `Girlboss' and a 21st-century American Psycho is razor-thin."--Dust jacket. (shrink)

David Hume's Dialogues concerning Natural Religion, first published in 1779, is one of the most influential works in the philosophy of religion and the most artful instance of philosophical dialogue since the dialogues of Plato. It presents a fictional conversation between a sceptic, an orthodox Christian, and a Newtonian theist concerning evidence for the existence of an intelligent cause of nature based on observable features of the world. This new edition presents it together with several of Hume's other, shorter writings (...) about religion, and with brief selections from the work of Pierre Bayle, who influenced both Hume's views on religion and the dialectical style of the Dialogues. The volume is completed by an introduction which sets the Dialogues in its philosophical and historical contexts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 30.1 (2006) 299-309 [Access article in PDF] Conscious Fiction Mary Clayton Coleman Bard College Consciousness and the Novel: Connected Essays, by David Lodge; 320 pp. Cambridge, Mass.: Harvard University Press, 2002, $24.95 boards, $16.95 paper. Fictional Minds, by Alan Palmer; 275 pp. Lincoln and London: University of Nebraska Press, 2004, $45.00. Radiant Cool: A Novel Theory of Consciousness, by Dan Lloyd; 357 pp. Cambridge, Mass.: The (...) MIT Press, 2004, $24.95 boards, $14.95 paper. What contributions can fiction make to the representation and investigation of conscious experience? Might fiction help us to develop and advance new theories about the nature of consciousness? And might such theories, in turn, inform our understanding of the process of reading fiction? Three recent volumes—one by English critic and novelist, David Lodge; another by literary theorist, Alan Palmer; and a third by philosopher and (now) novelist, Dan Lloyd—raise these important, genre-bending questions, and they offer challenging if not always convincing answers to them. More generally, these volumes make valuable contributions to the fruitful cross-pollination that has developed between philosophers, scientists, literary theorists, and novelists who are interested in the nature of consciousness.Lodge's new collection of essays is called Consciousness and the Novel: Connected Essays, and like all of the criticism he has written since the late eighties, this volume is intended for a general audience, not for [End Page 299] literary theorists. The title essay, "Consciousness and the Novel," is a revised version of the Richard Ellman Lectures in Modern Literature that Lodge gave at Emory University in 2001, and the other nine essays, all previously published, cover such topics as Howards End; the novels of Evelyn Waugh; The Letters of Kingsley Amis; Martin Amis's memoir, Experience; and the relationship between literature and criticism. I will focus on "Consciousness and the Novel."Lodge's thesis in this essay is that novels play an essential role in our exploration of the nature of human consciousness. This thesis is certainly true, but it is also entirely banal. Much more interesting is what Lodge says in support of it. He argues that because of the unique representative possibilities of the novel, conscious experiences can be represented more effectively in novels than they can be in scientific writing. Taken literally, as an assertion about the relative representational power of novels and scientific discourse, this is extremely implausible. However, taken more loosely—as an invitation to those of us interested in consciousness to take a closer look at the ways conscious experiences are represented in novels—Lodge's claim is sensible and appealing. I will consider the literal reading of Lodge's claim first and then turn to the looser one.It is undoubtedly true that, as a whole, novelists devote more energy to representing conscious experiences than writers of scientific discourse do. However, science writers can use whatever techniques best serve their aims, including the aim of describing conscious experiences, so there is no reason to think that conscious experiences can, in principle, be represented more effectively in novels than in broadly scientific discourse. Given that Lodge discusses such creative science writers as Antonio Damasio, Daniel Dennett, and Steven Pinker in the course of his essay, it is surprising and disappointing to find him caricature scientific writing in the following way: "science... is a third-person discourse. The first-person pronoun is not used in scientific papers. If there were any hint of qualia in a scientific paper... it would be edited out" (p. 11). Qualia are the supposedly subjective qualitative aspects of conscious experiences. How the plucked string of a cello sounds to you; how the rotting fish in the garbage smells to you; and how it feels for you to inch down into the smooth, almost-too-hot water of a perfect bubble bath—these are all (supposedly) examples of qualia. Lodge is simply mistaken when he says that there is no hint of qualia in scientific writing. There is no consensus about whether qualia can be explained scientifically. In fact, there is no consensus about whether they exist. [End Page... (shrink)