Prior studies have shown a general preference among citizens for juries over judges. Researchers, however, have not considered whether race and ethnicity modify this preference. We hypothesized that minorities (African-Americans, Hispanics), who generally express less trust in the legal system, may also express less trust in juries than non-Hispanic whites. We asked a representative sample of 1,465 residents of Texas to state whether they would prefer a jury or a judge to be the decision maker in four hypothetical circumstances. Consistent (...) with expectations, non-Hispanic whites favored juries over judges, particularly if they imagined themselves as a defendant in a criminal trial. By comparison, although African-Americans and some Hispanics generally favored juries, they showed a much weaker set of jury preferences. African Americans had markedly lower support for the civil jury, but support was higher among minorities with prior jury service. Among Hispanics, respondents who took the survey in Spanish typically preferred a judge to make legal decisions. We consider the implications of our findings for trust in the jury system and trust in community members as decision makers. (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)

Whether considering vegetarianism, women's rights, or the "humanity" of pets, this book goes to the heart of the question of why all animals matter.

Some commentators have condemned Kant’s moral project from a feminist perspective based on Kant’s apparently dim view of women as being innately morally deficient. Here I will argue that although his remarks concerning women are unsettling at first glance, a more detailed and closer examination shows that Kant’s view of women is actually far more complex and less unsettling than that attributed to him by various feminist critics. My argument, then, undercuts the justification for the severe feminist critique of Kant’s (...) moral project. (shrink)

This book offers a defence of mathematical fictionalism, according to which we have no reason to believe that there are any mathematical objects. Perhaps the most pressing challenge to mathematical fictionalism is the indispensability argument for the truth of our mathematical theories (and therefore for the existence of the mathematical objects posited by those theories). According to this argument, if we have reason to believe anything, we have reason to believe that the claims of our best empirical theories are (at (...) least approximately) true. But since claims whose truth would require the existence of mathematical objects are indispensable in formulating our best empirical theories, it follows that we have good reason to believe in the mathematical objects posited by those mathematical theories used in empirical science, and therefore to believe that the mathematical theories utilized in empirical science are true. Previous responses to the indispensability argument have focused on arguing that mathematical assumptions can be dispensed with in formulating our empirical theories. This book, by contrast, offers an account of the role of mathematics in empirical science according to which the successful use of mathematics in formulating our empirical theories need not rely on the truth of the mathematics utilized. (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.

En quoi consiste, ou devrait consister, l'éthique professionnelle en enseignement? Comment se manifeste-t- elle dans les gestes pédagogiques? Selon quels critères peut-on la juger? Comment développer l'éthique professionnelle dans le cadre des formations initiale et continue en enseignement? En tenant compte du contexte social et culturel du Québec, des principes éthiques déjà énoncés par le ministère de l'Education ainsi que des lois, codes et conventions ayant des incidences sur la pratique enseignante, les auteures présentent des éléments à considérer pour la (...) réflexion éthique sur l'agir professionnel. Elles proposent des clarifications conceptuelles et un certain nombre de repères et de balises afin de guider les enseignants et de stimuler la discussion sur l'éthique professionnelle, non seulement dans la classe, mais aussi dans l'école et dans la société. (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?

Classical logic has proved inadequate in various areas of computer science, artificial intelligence, mathematics, philosopy and linguistics. This is an introduction to extensions of first-order logic, based on the principle that many-sorted logic (MSL) provides a unifying framework in which to place, for example, second-order logic, type theory, modal and dynamic logics and MSL itself. The aim is two fold: only one theorem-prover is needed; proofs of the metaproperties of the different existing calculi can be avoided by borrowing them from (...) MSL. To make the book accessible to readers from different disciplines, whilst maintaining precision, the author has supplied detailed step-by-step proofs, avoiding difficult arguments, and continually motivating the material with examples. Consequently this can be used as a reference, for self-teaching or for first-year graduate courses. (shrink)

In this article we propose a framework for description and analysis of public life by treating “outings” as a unit of sociological analysis. Studying outings requires bracketing a concern with bounded places and isolated encounters. Instead, descriptions of outings track people as they organize trips “out,” including their preparations, turning points, and post hoc reflections. We emphasize how people understand and contextualize their time in public by linking situated moments of public life to the outing’s unfolding trajectory and to people’s (...) biographical circumstances. We treat outings in and through public parks as a strategic site to show the utility of studying public outings more generally. A sociology of outings has broad theoretical and methodological implications for how we understand the collective patterning of public life and inequality in everyday encounters. (shrink)

This chapter first distinguishes between originality and creativity. True originality is rare, whether in art, science, or LEGO, because to be truly original means to have done something that no one has ever done before, and that no one could have anticipated. Most LEGO creations will not meet that condition, for with the exception of serious hobbyists who undertake massive builds, most players who make original creations are making creations that are commonplace. Painting or remolding or placing stickers on the (...) bricks counts against the spirit of LEGO creation. The chapter then discusses The LEGO Movie embodies the paradox that presents three conflicting models of creative LEGO play, illustrated by the Master Builders, Finn's father, and Emmet. The movie's creators were deliberately playing around with conflicting popular conceptions of creativity: creativity as madness, creativity as thinking outside the box, and creativity as vision. (shrink)

InWisdom, Information and Wonder, Mary Midgley tackles the question at the root of our civilization: What is knowledge for?

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)

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)

"Charming, interesting, thought-provoking and a great read." Rosalind Hursthouse The daughter of a pacifist rector who answered "No!" when his congregation asked him "Is everything in the bible true?", perhaps Mary Midgley was destined to become a philosopher. Yet few would have thought this inquisitive, untidy, nature-loving child would become "one of the sharpest critical pens in the west." This is her remarkable story. Probably the only philosopher to have been in Vienna on the eve of its invasion by (...) Nazi Germany in 1938 and dance in Trafalgar Square on VE day seven year later, she studied philosophy at Oxford in the same year as Iris Murdoch, Elizabeth Anscombe and Philippa Foot, all of whom became close friends. Midgley tells us in vivid and humorous fashion how they cut a swathe through the arid landscape of 1950s British philosophy, writing and arguing - often with each other - about the grand themes of character, beauty and the meaning of rudeness while the spectral figure of Ludwig Wittgenstein hovered in the background. She also charts the highs and lows of philosophy and academia in Britain. On joining the Reading philosophy department on £400 a year in 1949, she doubled its staff complement. But her many years at Newcastle University - where Mike Brearley, who later captained England at cricket, also used to teach - were rewarded with the closure of the philosophy department in the 1980s. The mother of three children, her journey is also one of a woman who in the 1950s and 1960s was fighting to combine a professional career with raising a family. In startling contrast to many of the academic stars of her generation, we learn that Midgley nearly became a novelist and started writing philosophy only when in her fifties, suggesting that Minerva's owl really does fly at dusk. Plainly told like her philosophy, this is an elegiac and moving account of friendships found and lost, bitter philosophical battles and of a profound love of teaching all too rarely acknowledged today. (shrink)

We know we have thoughts, but are we aware that we have styles of thought? This book, written by one of the most gifted and celebrated social thinkers of our time, is a contribution to understanding the rules of the different styles of thinking. Author Mary Douglas takes us through a range of thought styles from the vulgar to the refined. Throughout this fascinating journey, Thought Styles shows us how the different styles work and how outsiders can learn the (...) styles of insiders. The discussion ranges from the style of folklore to the styles of therapy, shopping, religion, and animal rights. The result is a book full of insight. Readers will find themselves thinking in new ways about the mechanics of communication in everyday life. Professionals and researchers in sociology, communication, and anthropology will especially appreciate this auspicious new book. (shrink)

How is hope to be found amid the ethical and political dilemmas of modern life? Writer and philosopher Mary Zournazi brought her questions to some of the most thoughtful intellectuals at work today. She discusses "joyful revolt" with Julia Kristeva, the idea of "the rest of the world" with Gayatri Spivak, the "art of living" with Michel Serres, the "carnival of the senses" with Michael Taussig, the relation of hope to passion and to politics with Chantal Mouffe and Ernesto (...) Laclau. A dozen stimulating minds weigh in with their visions of a better social and political order. The result is a collaboration - of writing, of thinking, and of politics - that demonstrates more clearly than any single-authored project could how ideas encountering one another can produce the vision needed for social change. (shrink)

Plato famously promised to complement the Sophist and the Statesman with another work on a third sort of expert, the philosopher--but we do not have this final dialogue. Mary Louise Gill argues that Plato promised the Philosopher, but did not write it, in order to stimulate his audience and encourage his readers to work out, for themselves, the portrait it would have contained. The Sophist and Statesman are themselves members of a larger series starting with the Theaetetus, Plato's investigation (...) of knowledge, and the whole series relies on the Parmenides, the second part of which presents a philosophical exercise, introduced as the first step in a larger philosophical program. Gill contends that the dialogues leading up to the missing Philosopher, though they reach some substantive conclusions, are philosophical exercises of various sorts designed to train students in dialectic, the philosopher's method; and that a second version of the Parmenides exercise, closely patterned on it, spans parts of the Theaetetus and Sophist and brings the philosopher into view. This is the exercise about being, the subject-matter studied by Plato's philosopher. Plato hides the pieces of the puzzle and its solution in plain sight, forcing his students (and modern readers) to dig out the pieces and reconstruct the project. Gill reveals how, in finding the philosopher through the exercise, the student becomes a philosopher by mastering his methods. She shows that the target of Plato's exercise is internally related to its pedagogical purpose. (shrink)

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

This paper criticizes Langton's speech act account of MacKinnon's claim about (the subordinating force of) pornography and offers a different account of how speech might enact harmful norms and thus constitute harm.

Caring is a complex attitude. At first look, it appears very complex: it seems to involve a wide range of emotional and other dispositions, all focused on the object cared about. What ties these dispositions together, so that they jointly comprise a single attitude? I offer a theory of caring, the Attentional Theory, that answers this question. According to the Attentional Theory, caring consists of just two, logically distinct dispositions: a disposition to attend to an object and hence to considerations (...) pertaining to it, and a disposition to respond to the real or apparent reasons those considerations provide. The emotional and other attitudes involved in caring are instantiations of these two, more general dispositions; and these apparently diverse emotional and other dispositions are connected because the real or apparent reasons to which they are dispositions to respond are connected, in structured “packages.” The fact that the reasons to which a caring agent responds are connected in this way provides the basis for an error theory, explaining why it appears as if the emotions involved in caring are governed by rational coherence requirements. (shrink)

This classic work in the philosophy of physical science is an incisive and readable account of the scientific method. Pierre Duhem was one of the great figures in French science, a devoted teacher, and a distinguished scholar of the history and philosophy of science. This book represents his most mature thought on a wide range of topics.

Difference Troubles, first published in 1997, examines the implications for social theory and sexual politics of taking difference seriously. It explores the trouble difference makes not only for the social sciences, but also for the people - feminists, queer theorists, postmodernists - who champion difference. Seidman asks how social thinkers should conceptualize differences such as gender, race, and sexuality, without reducing them to an inferior status. This is a wide-ranging and sophisticated discussion of contemporary social theory and sexual politics, (...) presented with Seidman's familiar imagination and clarity. In addition, it argues persuasively for a pragmatic approach to difference troubles in theory and politics. (shrink)

The unity of aesthetic and teleological judgment, the third and earlier Critiques, is based on Kant′s discovery of a “heuristic method” for applying judgments regarding sense phenomena to abstract thought, a “second attention” which enables an “idea of the whole”. Synthetic judgment, basis for cognition and human action, depends on efficacy of non-empirical insights: the transcendental standpoint, “regulative” ideas, consciousness of “ought” and the reality of freedom, universality of natural mechanism, the principle of “fortuitous” purposiveness. The activity of reflective judgment (...) in the encounter with the beautiful, sublime, living, and two paradigmatic types of explanation, inspired by Spinoza′s distinction of extensio and cogitatio, permit Kant to bridge the gap between freedom and necessity, theoretical knowledge and morality. (shrink)

Contested Knowledge d is a new sociological theory text. For the undergraduate or graduate course which inspires students to think afresh about sociological theory, it will be essential reading.

This essay seeks to explain a morally important class of psychological incapacity—the class of what Bernard Williams has called “incapacities of character.” I argue for two main claims: (1) Caring is the underlying psychological disposition that gives rise to incapacities of character. (2) In competent, rational adults, caring is, in part, a cognitive and deliberative disposition. Caring is a mental state which disposes an agent to believe certain considerations to be good reasons for deliberation and action. And caring is a (...) mental state which structures an agent’s practical deliberation, by establishing presumptive boundaries on the landscape of possibilities over which her deliberative imagination ranges. Incapacities of character are a consequence of the structure which these presumptive boundaries give to an agent’s deliberation. (shrink)

Here is Lukcs among his friends, lovers, and peers in those important years before 1918, when he converted to Communism and Marxism at the age of thirty-nine.

In The Social Construction of Sexuality, Steven Seidman investigates the political and social consequences of privileging certain sexual practices and identities while stigmatizing others. Addressing a range of topics from gay and lesbian identities to sex work, Seidman delves into issues of social control that inform popular beliefs and moral standards. The new Third Edition features three new chapters that focus on the changing cultures of intimacy, the promise and perils of cyber intimacies, and youth struggles to negotiate (...) independence and intimate solidarity. (shrink)

Rae Langton and Jennifer Hornsby argue that there may be a free-speech argument against pornography, if pornographic speech has the power to illocutionarily silence women: women's locution ‘No!’ that aims to refuse unwanted sex may misfire because pornography creates communicative conditions where the locution does not count as a refusal. Central to this is the view that women's speech lacks uptake, which is necessary for illocutionary acts like that of refusal. Alexander Bird has critiqued this view by arguing that uptake (...) is not necessary for the illocutionary act of refusal. The Hornsby-Langton view, then, is philosophically indefensible. Here I defend the philosophical cogency of the Hornsby-Langton approach. (shrink)