The Mental Capacity Act (2005) was designed to protect and empower patients with impaired capacity. Despite an estimated 40% of medical inpatients lacking capacity, it is unclear how many patients undergo capacity assessments and treatment under the Act. We audited the number of capacity assessments on the general medical wards of an English-teaching hospital. A total of 95 sets of case notes were reviewed: the mean age was 78.6 years, 57 were female. The most common presenting complaints were feeling ‘unwell’ (...) (n = 25) and confusion (n = 24). In all, 52 patients had conditions, such as delirium (n = 26) and dementia (n = 15), which often impair capacity. Capacity was assessed in seven (7.4%) patients, all of whom disagreed with the medical team about their treatment. The number of documented assessments fell short of the estimated rate of incapacity, suggesting that some means of improving capacity assessment in busy medical environments is required. (shrink)

Freedom lies at the heart of Kant’s philosophy. Three recent edited collections explore this key idea in different ways, alongside other related concep...

We argue the need for academics to resist and challenge the hegemonic discourse of sustainable development within the corporate context. Laclau and Mouffe’s discourse theory provides a useful framework for recognizing the complex nature of sustainable development and a way of conceptualizing counter-hegemonies. Published empirical research that analyzes sustainable development discourse within corporate reports is examined to consider how the hegemonic discourse is constructed. Embedded assumptions within the hegemonic construction are identified including sustainable development as primarily about economic development, progress, (...) growth, profitability, and “responsibly” managed levels of resource depletion. We call for multiple voices in the discursive field to debate and to resist closure and highlight the possibilities for academic researchers to actively resist the hegemonic construction. Specifically, we advocate vigilance and awareness, critical and reflective analyses, challenge and resistance based on other frames of reference, and strategies for communicating both within and outside the academy. (shrink)

What form does power take in situations of retaliation against whistleblowers? In this article, we move away from dominant perspectives that see power as a resource. In place, we propose a theory of normative power and violence in whistleblower retaliation, drawing on an in-depth empirical study. This enables a deeper understanding of power as it circulates in complex processes of whistleblowing. We offer the following contributions. First, supported by empirical findings we propose a novel theoretical framing of whistleblower retaliation and (...) the role of mental health, which draws upon poststructuralist psychoanalytic thinking. Specifically, we highlight how intra- and inter-psychic affective and ambivalent attachments to organizations influence the use of normative violence in cases of whistleblower retaliation. The second contribution is empirical and builds upon the existing literature on whistleblower retaliation by highlighting how organizations position whistleblower subjects as mentally unstable and unreliable individuals, to undermine their claims. We conclude by highlighting the implications of normative power for the outcomes of whistleblower struggles. (shrink)

Life Is Short--Art Is Shorter is not just the first anthology to gather both mini-essays and short-short stories; readers, writers, and teachers will get will get an anthology; a course's worth of writing exercises; a rally for compression, concision, and velocity in an increasingly digital, post-religious age; and a meditation on the brevity of human existence. 1. We are mortal beings. 2. There is no god. 3. We live in a digital culture. 4. Art is related to the body and (...) to the culture. 5. Art should reflect these things. 6. Brevity rules. The book's 40 contributors include Donald Barthelme, Kate Chopin, Lydia Davis, Annie Dillard, Jonathan Safran Foer, Barry Hannah, Amy Hempel, Jamaica Kincaid, Wayne Koestenbaum, Anne Lamott, Daphne Merkin, Rick Moody, Dinty W. Moore, George Orwell, Jayne Anne Phillips, George Saunders, Lauren Slater, James Tate, and Paul Theroux. (shrink)

What makes an external whistleblower effective? Whistleblowers represent an important conduit for dissensus, providing valuable information about ethical breaches and organizational wrongdoing. They often speak out about injustice from a relatively weak position of power, with the aim of changing the status quo. But many external whistleblowers fail in this attempt to make their claims heard and thus secure change. Some can experience severe retaliation and public blacklisting, while others are ignored. This article examines how whistleblowers can succeed in bringing (...) their claims to the public’s attention. We draw on analyses of political struggle by Ernesto Laclau and Chantal Mouffe. Specifically, we propose that through the raising of a demand, the whistleblowing subject can emerge as part of a chain of equivalences, in a counter-hegemonic movement that challenges the status quo. An analysis of a high-profile case of tax justice whistleblowing-that of Rudolf Elmer-illustrates our argument. Our proposed theoretical framing builds upon and contributes to literature on whistleblowing as organizational parrhesia by demonstrating how parrhesiastic demand might lead to change in public perception through the formation of alliances with other disparate interests—albeit that the process is precarious and complex. Practically, our article illuminates a persistent concern for those engaged in dissensus via whistleblowing, and whose actions are frequently ignored or silenced. We demonstrate how such actions can move towards securing public support in order to make a difference and achieve change. (shrink)

Legal responses to battered women who kill have long animated scholarly debate and law reform activity. In September 2012 after 47 years of alleged abuse, Frenchwoman Jacqueline Sauvage fatally shot her abusive husband three times in the back. The subsequent contested trial, conviction for murder, unsuccessful appeal and later presidential pardon of Sauvage thrust the French law of self-defence into the spotlight. The Sauvage case raises important questions surrounding the adequacy of the French criminal law in this area, the ongoing (...) proliferation of gendered stereotypes in law and the need for reform. In the wake of the Sauvage case, this article provides a timely analysis of the gendered law of self-defence in France. Drawing from an in-depth analysis of the judgments imposed in the Sauvage case, this article examines the adequacy of French legal responses to battered women who kill and ignites an argument for further law reform. (shrink)

Both Kant and James claim to limit the role of knowledge in order to make room for faith. In this paper, we argue that despite some similarities, their attempts to do this come apart. Our main claim is that, although both Kant and James justify our adopting religious beliefs on practical grounds, James believes that we can—and should—subsequently assess such beliefs on the basis of evidence. We offer our own account of this evidence and discuss what this difference means for (...) their accounts of religious belief. (shrink)

This paper argues that there are important irrational elements to love. In the philosophical literature, we typically find that love is either thought of as rational or arational and that any irrational elements are thought to be defective, or extraneous to love itself. We argue, on the contrary, that irrationality is in part connected to what we find valuable about love. -/- We focus on 3 basic elements of love: -/- 1) Whom you love 2) How much you love them (...) 3) How much of a role love plays in your life -/- And in each case, we argue that love can be irrational and valuable. (shrink)

Kant wants to show that freedom is possible in the face of natural necessity. Transcendental idealism is his solution, which locates freedom outside of nature. I accept that this makes freedom possible, but object that it precludes the recognition of other rational agents. In making this case, I trace some of the history of Kant’s thoughts on freedom. In several of his earlier works, he argues that we are aware of our own activity. He later abandons this approach, as he (...) worries that any awareness of our activity involves access to the noumenal, and thereby conflicts with the epistemic limits of transcendental idealism. In its place, from the second Critique onwards, Kant argues that we are conscious of the moral law, which tells me that I ought to do something, thus revealing that I can. This is the only proof of freedom consistent with transcendental idealism, but I argue that such an exclusively first-personal approach precludes the recognition of other rational agents. I conclu.. (shrink)

Current research in human–robot interaction often focuses on rendering communication between humans and robots more ‘natural’ by designing machines that appear and behave humanlike. Communication, in this human-centric approach, is often understood as a process of successfully transmitting information in the form of predefined messages and gestures. This article introduces an alternative arts-led, movement-centric approach, which embraces the differences of machinelike robotic artefacts and, instead, investigates how meaning is dynamically enacted in the encounter of humans and machines. Our design approach (...) revolves around a novel embodied mapping methodology, which serves to bridge between human–machine asymmetries and socioculturally situate abstract robotic artefacts. Building on concepts from performativity, material agency, enactive sense-making and kinaesthetic empathy, our Machine Movement Lab project opens up a performative-relational model of human–machine communication, where meaning is generated through relational dynamics in the interaction itself. (shrink)

‘Intersectionality’ is one of the rare pieces of academic jargon to make it out of the university and into the mainstream. The message is clear and well-known: your feminism had better be intersectional. But what exactly does this mean? This paper is partly an exercise in conceptual clarification, distinguishing at least six distinct types of claim found across the literature on intersectionality, and digging further into the most philosophically complex of these claims—namely the metaphysical and explanatory. It’s also partly a (...) reply to Sara Bernstein, who argued recently that the best interpretation of the metaphysical claim is explanatory priority. We’ll argue that duly clarified, it’s far from obvious that feminism had better be intersectional. At the very least, it had better not be only intersectional. (shrink)

Both the nature and aim of human cognition are philosophically divisive topics. On one side, there are the evidentialists who believe that the sole purpose of cognition is to seek and find truths. In contrast, pragmatists appeal to cognition solely as a tool, something that helps people achieve their goals. In this paper, I put forward an account of cognition and its aims fundamentally based on a pragmatic viewpoint.Crucially, however, I claim that an evolutionary pragmatic picture of cognition must assert (...) rationality as a core tenant of human thought, mooring a relative pragmatism within a system logic and rationality. (shrink)

Kant views every human action as either entirely determined by natural necessity or entirely free. In viewing human action this way, it is unclear how he can account for degrees of responsibility. In this article, I consider three recent attempts to accommodate degrees of responsibility within Kant's framework, but argue that none of them are satisfying. In the end, I claim that transcendental idealism constrains Kant such that he cannot provide an adequate account of degrees of responsibility.

Arash Abizadeh has recently argued that political communities have no right to close their borders unilaterally, since by doing so they subject outsiders to coercion which lacks democratic justification. His conclusion is that any legitimate regime of border controls must be justified to outsiders. David Miller has sought to defend closed borders by distinguishing between coercion and prevention and arguing that the latter does not require democratic justification. This paper explores a different route, arguing firstly that the requirements of democracy (...) do not provide us with practical guidance unless we also consider other values, such as rights, and secondly that being subject to coercion does not entitle one to democratic justification. These arguments suggest that Abizadeh is wrong to hold closed borders in need of democratic justification. (shrink)

Mill's most famous departure from Bentham is his distinction between higher and lower pleasures. This article argues that quality and quantity are independent and irreducible properties of pleasures that may be traded off against each other higher pleasures’ lexically dominate lower ones, and that the distinction is compatible with hedonism. I show how this interpretation not only makes sense of Mill but allows him to respond to famous problems, such as Crisp's Haydn and the oyster and Nozick's experience machine.

This paper discusses Marcel Mauss's paper on body techniques. It argues that Mauss's account of the acquisition of bodily capacities and deportments makes it unnecessary to think of the body as any kind of unity, for example, by opposing it to 'mind' or 'spirit', which have their own techniques.

Mill's most famous departure from Bentham is his distinction between higher and lower pleasures. This article argues that quality and quantity are independent and irreducible properties of pleasures that may be traded off against each other – as in the case of quality and quantity of wine. I argue that Mill is not committed to thinking that there are two distinct kinds of pleasure, or that ‘higher pleasures’ lexically dominate lower ones, and that the distinction is compatible with hedonism. I (...) show how this interpretation not only makes sense of Mill but allows him to respond to famous problems, such as Crisp's Haydn and the oyster and Nozick's experience machine. (shrink)

Trevor J. Saunders; XIII*—Antiphon the Sophist on Natural Laws (B44DK), Proceedings of the Aristotelian Society, Volume 78, Issue 1, 1 June 1978, Pages 215–236.

In his pre-critical lectures on rational psychology, Kant employs an argument from the I to the transcendental freedom of the soul. In the (A-edition of the) first Critique, he distances himself from rational psychology, and instead offers four paralogisms of this doctrine, insisting that ‘I think’ no longer licenses any inferences about a soul. Kant also comes alive to the possibility that we could be thinking mechanisms – rational beings, but not agents. These developments rob him of his pre-critical rationalist (...) argument for freedom. In the Groundwork, this is a serious problem; if we are not free, morality will be a phantasm for us. In Groundwork III, Kant attempts to overcome this by offering a new argument for our freedom, involving the standpoint of practical reason. In this paper, I detail these developments and present a practical and phenomenological reading of Kant’s approach in Groundwork III. I also venture a defence of this new argument. (shrink)

Since 1970 the United Kingdom, like the United States, has developed a “winner-take-all” political economy characterized by widening inequality and spectacular income growth at the top of the distribution. However, Britain’s centralized executive branch and relatively insulated policymaking process are less amenable to the kind of “organized combat” that Hacker and Pierson describe for the United States. Britain’s winner-take-all politics is better explained by the rise of political ideas favoring unfettered markets that, over time, produce a self-perpetuating structural advantage for (...) the richest. That advantage is, in turn, justified and sustained by reference to the same ideas. Inequality growth in the United Kingdom has been primarily driven by the financialization of the economy that began under the Thatcher government and continued under New Labour. The survival of pro-finance policies through the financial crisis provides further evidence that lobbying by a weakened City of London was less decisive in shaping policy than the financial sector’s continuing structural advantage and the tenacity of its supporting political consensus. (shrink)

Arash Abizadeh has recently argued that political communities have no right to close their borders unilaterally, since by doing so they subject outsiders to coercion which lacks democratic justification. His conclusion is that any legitimate regime of border controls must be justified to outsiders. David Miller has sought to defend closed borders by distinguishing between coercion and prevention and arguing that the latter does not require democratic justification. This paper explores a different route, arguing firstly that the requirements of democracy (...) do not provide us with practical guidance unless we also consider other values, such as rights, and secondly that being subject to coercion does not entitle one to democratic justification. These arguments suggest that Abizadeh is wrong to hold closed borders in need of democratic justification. (shrink)

Webber, Ruth; Jones, Kate This paper is about how three Catholic agencies carved out and adapted over time a role for themselves in assisting in the recovery after the Victorian bushfires of 2009. It tracks the process from the time the Archbishop of Melbourne commissioned Catholic Social Services Victoria to survey the bushfire affected areas and work out where there were gaps in services that the Catholic agencies could fill. A significant amount of funding was allocated to the provision (...) of services by Catholic agencies for a period of up to three years in the bushfire affected regions. This was seen as a Catholic response to an extraordinary natural disaster. This was organisationally difficult because there are in excess of sixty Catholic welfare services in Victoria and it was necessary to determine who would be best able to meet the gaps and deliver appropriate services.1 It was clear that the aim was not to replicate or compete with existing services, it was to meet real needs and to do this in a cooperative and collegial way with existing players. (shrink)

Causation has multiple distinct meanings in genetics. One reason for this is meaning slippage between two concepts of the gene: Mendelian and molecular. Another reason is that a variety of genetic methods address different kinds of causal relationships. Some genetic studies address causes of traits in individuals, which can only be assessed when single genes follow predictable inheritance patterns that reliably cause a trait. A second sense concerns the causes of trait differences within a population. Whereas some single genes can (...) be said to cause population-level differences, most often these claims concern the effects of many genes. Polygenic traits can be understood using heritability estimates, which estimate the relative influences of genetic and environmental differences to trait differences within a population. Attempts to understand the molecular mechanisms underlying polygenic traits have been developed, although causal inference based on these results remains controversial. Genetic variation has also recently been leveraged as a randomizing factor to identify environmental causes of trait differences. This technique—Mendelian randomization—offers some solutions to traditional epidemiological challenges, although it is limited to the study of environments with known genetic influences. (shrink)

We argue that Shogan's critique, as well as that of Fox, fails to engage with the central focus of our article, which was to characterize and evaluate different approaches to lesbian ethics and to propose an alternative to the more familiar approaches.

Kate A. Manne is an associate professor at the Sage School of Philosophy at Cornell University, where she has been teaching since 2013. Before that, she was a junior fellow at the Harvard Society of Fellows, did her graduate work at MIT, and was an undergraduate at the University of Melbourne, where she studied philosophy, logic, and computer science. Her current research is primarily in moral, feminist, and social philosophy. She is the author of two books, including her first (...) book Down Girl: The Logic of Misogyny and her latest book Entitled: How Male Privilege Hurts Women. Manne has also published a number of scholarly papers about the foundations of morality, and she regularly writes opinion pieces, essays, and reviews in venues—including The New York Times, The Boston Review, the Huffington Post, and the Chronicle of Higher Education. (shrink)

With the powerful analyses and resources they enable, digital humanities tools have captivated researchers from many different fields who want to use them to study science. Digital tools, as well as funding agencies, research communities, and academic administrators, require researchers to think carefully about how they conceptualize, manage, and store data, and about what they plan to do with that data once a given project is over. The difficulties of developing strategies to address these problems can prevent new researchers from (...) sticking with digital tools and flummox even experienced researchers. To help overcome the data hurdle, we present five principles to help researchers, novice and experienced alike, conceptualize and plan for their data. We illustrate the use of those principles with two digital projects from the history of science, the Embryo Project and the Marine Biological Laboratory History Project, and their associated HPS Repository for data. The principles apply beyond the digital realm, so those who collect and manage data by more traditional means will also find them useful. (shrink)

This paper explores some of the antecedents to the recent growing interest in the United Kingdom in the use of educational performance indicators, and links it in particular to aspects of both Taylorist and Tylerist philosophies. It attempts to distinguish between different constructed meanings of performance indicators evident in both policy statements and practice. Whilst acknowledging the many potential problems inherent in the adoption of this approach to evaluation, the paper argues that both the nature and use of educational performance (...) indicators are crucially shaped by factors such as purpose, authorship, focus and audience. The paper outlines an approach to performance indicators which tacitly addresses a critique of Taylorist and Tylerist influences, adopting an optimistic view that indicators can be made professionally relevant and useful. At the heart of the paper is an account of a collaborative evaluation project which, over the last 5 years, has supported the development of teacher‐generated indicators across some 80 schools and colleges in a consortium of six local education authorities. Despite the difficulties which have been encountered in this approach, the paper concludes that performance indicators can be made professionally relevant and useful. (shrink)

Endörfer has recently argued that proponents of the harm principle are wrong to exempt market harms as potential justifications for state interference. I argue that – contrary to suggestions in Endörfer’s article – John Stuart Mill did not exempt market harms from his harm principle. On Mill’s view, the state can (as a matter of principle) legitimately interfere with free markets to prevent market harms where they occur but, on the whole, it is better policy not to interfere. Mill’s general (...) preference for free trade rests on utilitarian considerations and not on his harm principle, which does not exclude market harms. (shrink)

When explaining the causes of human behavior, genes are often given a special status. They are thought to relate to an intrinsic human 'essence', and essentialist biases have been shown to skew the way in which causation is assessed. Causal reasoning in general is subject to other pre-existing biases, including beliefs about normativity and morality. In this synthesis we show how factors which influence causal reasoning can be mapped to a framework of genetic essentialism, which reveals both the shared and (...) unique factors underpinning biases in causal reasoning and genetic essentialism. This comparison identifies overlooked areas of research which could provide fruitful investigation, such as whether normative assessments of behaviors influence the way that genetic causes are ascribed or endorsed. We also outline the importance of distinguishing reasoning processes regarding genetic causal influences on one's self versus others, as different cognitive processes and biases are likely to be at play. (shrink)

Principles of ethics -- Medical research and clinical trials -- Treatment decision making -- Palliative and end-of-life care -- Patient advocacy -- Communication and ethics -- Genetics and genomics -- The impact of ethical conflict and dilemmas on nurses -- Ethics consultation and education.