This paper reviews the theoretical underpinnings of phenomenology-related writings which support claims that the self and the social (the ‘I’ and the ‘We’) can plausibly be integrated and nurtured together in education. We begin by analysing contemporary theorising which suggests that reviewing foundational phenomenologists, particularly Husserl and Merleau-Ponty, can lead to greater clarity in understanding and appreciating the intersubjective sense of the self and the social. This perspective is aided by reviewing the reciprocal connections which take place during human action, (...) situational structuring, and reality construction. Building on this review we consider some of the ontological possibilities for a self and social phenomenology to become more central to educational aims. In doing so, we raise rather than unpack in exhaustive detail associated methodological matters in light of their educational implications. If successfully enacted, we perceive considerable benefits for students in being able to directly attend to the properties of their experiences, especially in contexts where new habits are formed and where opportunities arise for self and shared experiences to be reviewed and reflected on by all involved. (shrink)

How can we make moral sense of the international humanitarian law doctrine of combatant immunity? The doctrine is morally shocking to many: It holds soldiers on both sides of a war immune from criminal prosecution for their otherwise criminal acts of killing, maiming, destroying property, etc., carried out as part of their country's war effort. That is, soldiers who kill as part of an attack benefit from the immunity just as much as those defending their country. Traditionally, just war theorists (...) have tried to provide situation‐specific arguments to show that soldiers on both sides had a good moral justification for their actions. Recently, self‐styled “revisionist just war theorists” have suggested that the doctrine of combatant immunity is just a convention designed to minimize harm. In this article, I suggest that the moral foundation of the doctrine lies in the status of soldiers as public officials in the service of their country. The reason why we hold them immune from prosecution for their war‐making acts is that such acts are properly thought of as acts of a state, rather than as acts of a particular individual. And the reason why states are immune from prosecution for their acts is one of moral standing: No other state has the moral standing to tell another how to carry out the matters that define its jurisdiction. So as long as a country deems (however implausibly) that it must use force to defend itself from aggression, then it may do what is required to defend itself. No other state has the standing to prohibit such acts or to punish those who carry them out. This argument is rooted in an understanding of how individuals may interact as free and equal under law. It does not aim at the perfection of human action, but it does serve to eliminate the worst forms of tyranny. (shrink)

This paper utilises selective writings by John Dewey and Maurice Merleau-Ponty as the conceptual basis for considering how an enhanced synergistic focus on habit and embodiment could support practice gains in schools. The paper focuses on Dewey’s belief that established habits can help students to incorporate experiences into evaluations of educational progress and Merleau-Ponty’s spotlight on the body-subject, and how it provides a holistic way of conceiving relations that avoid over privileging abstraction and cognition and under-representing the centrality of the (...) body in human experience. We then evaluate the role of language and reflection in relation to habit, embodiment, and education before discussing some of the general educational practice considerations which might improve the quality of students learning experiences. In conclusion, we consider the possibilities for Dewey’s pragmatism to function as a theoretical bridge to Merleau-Ponty’s phenomenology of perception and the nature of experience. We argue that while it is important to recognise points of difference, in relation to philosophical treatments of habit and embodiment, it is also important to consider the overlap and new connections between Merleau-Ponty and Dewey which are valuable to take forward in contemporary education. (shrink)

Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what (...) problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions,' challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics and philosophy. (shrink)

This article argues, from a critical realist perspective, that it would be beneficial to extend thinking on how personal and social education could become more central to students’ learning. We explore how constructive-informed arrangements which emphasize cognitive skills and affective qualities could be realized through experiential approaches to learning. Our theorizing is informed by neo-Aristotelian thinking on the importance of identifying mutually acceptable value commitments which can cultivate practical wisdom as well as generally benefit society. Thereafter, we outline how the (...) recent writings of Tiberius could inform thinking on how, epistemologically and ethically, a first person perspective on learning and personal growth could connect with normative decision making on how to make good life choices. We conclude by briefly highlighting the methodological potential of using outdoor learning environments to help students make informed and wise judgements which show evidence of discernment, deliberation and effective decision making. (shrink)

The paper calls for a re-evaluation of physical education’s cognitive value claims, as this issue is fundamental to many of the conceptual difficulties the subject faces. Current epistemological challenges are reviewed before analysing the structural connections between intelligent practice and intelligent virtues, and the possibilities for physical education to better articulate its’ intrinsic and instrumental values claims. The paper evaluates arguments made on this basis and reviews revised curriculum planning and pedagogical practices, which could support an enhanced focus on learners’ (...) wider aspirations and achievements; factors crucial for a virtuous life. While applauding enquiry into the possibilities for considering physical education as a moral endeavor, the paper raises concerns about conceptual clarity in intellectual and empirical accounts of virtue. The paper concludes by advocating further research on the interrelationship between intellectual and empirical accounts of skill, evaluation of learners’ decision-making and the aims of physical education and school sport programmes. (shrink)

This paper, originally written for a conference on criminal law in times of emergency, considers the implications of the ‘German Airliner case’ for criminal law theory. In that case, the German constitutional court struck down as unconstitutional a law empowering state officials to order the shooting down of a hijacked plane on the grounds that the state could not order the killing of innocent civilians. Some have argued that despite this ruling, individual officials should still be entitled to claim a (...) criminal law justification defence. I argue that the nature of justification defences necessarily ties them to the powers of the state to engage in such activity. I also argue that both the constitutional decision and its criminal law implications are salutary. (shrink)