Entretien avec Eve Sweetser [video:esweetser] Entretien avec Seana Coulson [video:scoulson] Entretien avec Mark Turner [video:mturner].

The power to promise is morally fundamental and does not, at its foundation, derive from moral principles that govern our use of conventions. Of course, many features of promising have conventional components—including which words, gestures, or conditions of silence create commitments. What is really at issue between conventionalists and nonconventionalists is whether the basic moral relation of promissory commitment derives from the moral principles that govern our use of social conventions.Other nonconventionalist accounts make problematic concessions to the conventionalist's core instincts, (...) including embracing: the view that binding promises must involve the promisee's belief that performance will occur; the view that through the promise, the promisee and promisor create a shared end; and the tendency to take promises between strangers, rather than intimates, as the prototypes to which a satisfactory account must answer.I argue against these positions and then pursue an account that finds its motivation in their rejection. My main claim is: the power to make promises, and other related forms of commitment, is an integral part of the ability to engage in special relationships in a morally good way. The argument proceeds by examining what would be missing, morally, from intimate relationships if we lacked this power. (shrink)

Creativity plus ethics anticipated a greater common good -- Gadget controllers -- Body shapers -- Emotion tuners -- Self definers -- Social connectors.

Corporate governance concerns, discussions and developments have been largely concerned with listed companies and situations in which there is a clear separation of ownership and control. This article examines the relevance of corporate governance to the worlds of smaller companies, family businesses and owner directors. It reports some preliminary findings of an examination of the governance of 60 unlisted SMEs based in the East of England which took place during 2005 and 2006. After assessing the value being added by the (...) directors and boards encountered and the contribution effective boards could make to the growth and development of SMEs, it considers the implications of the findings and areas for further research. (shrink)

What effect does creativity have on individuals, groups and societies, and on the fundamental values on which they base their actions and institutions? What constitutes good and evil, right and wrong, and how does creativity disrupt these beliefs? The Ethics of Creativity brings together an impressive collaboration of thinkers from several countries and disciplines to illuminate the thorny issues that arise when novel ideas and products brought forth by creativity collide with the rules and norms of what we believe to (...) be 'right' or 'good'. This book tackles questions of why most people claim to love creativity yet, in practice, may quash creative intentions, how creative innovations can create new ethical problems, when creativity and ethics tend to coincide and when they tend to conflict, and how both creativity and ethics might be harnessed to support a brighter future for all. (shrink)

The unconscionability doctrine in contract law enables a court to decline to enforce a contract whose terms are seriously one-sided, exploitative, or otherwise manifestly unfair. It is often criticized for being paternalist. The essay argues that the characterization of unconscionability doctrine as paternalist reflects common but misleading thought about paternalism and obscures more important issues about autonomy and social connection. The defense responds to another criticism: that unconscionability doctrine is an inappropriate, because economically inefficient, egalitarian tool. The final part discusses (...) more interesting but neglected questions about the scope of accommodation necessary to support fully meaningful autonomous activity. (shrink)

To understand one another as individuals and to fulfill the moral duties that require such understanding, we must communicate with each other. We must also maintain protected channels that render reliable communication possible, a demand that, Seana Shiffrin argues, yields a prohibition against lying and requires protection for free speech. This book makes a distinctive philosophical argument for the wrong of the lie and provides an original account of its difference from the wrong of deception. Drawing on legal as (...) well as philosophical arguments, the book defends a series of notable claims—that you may not lie about everything to the "murderer at the door," that you have reasons to keep promises offered under duress, that lies are not protected by free speech, that police subvert their mission when they lie to suspects, and that scholars undermine their goals when they lie to research subjects. Many philosophers start to craft moral exceptions to demands for sincerity and fidelity when they confront wrongdoers, the pressures of non-ideal circumstances, or the achievement of morally substantial ends. But Shiffrin consistently resists this sort of exceptionalism, arguing that maintaining a strong basis for trust and reliable communication through practices of sincerity, fidelity, and respecting free speech is an essential aspect of ensuring the conditions for moral progress, including our rehabilitation of and moral reconciliation with wrongdoers. (shrink)

The power to promise is morally fundamental and does not, at its foundation, derive from moral principles that govern our use of conventions. Of course, many features of promising have conventional components—including which words, gestures, or conditions of silence create commitments. What is really at issue between conventionalists and nonconventionalists is whether the basic moral relation of promissory commitment derives from the moral principles that govern our use of social conventions. Other nonconventionalist accounts make problematic concessions to the conventionalist's core (...) instincts, including embracing: the view that binding promises must involve the promisee's belief that performance will occur; the view that through the promise, the promisee and promisor create a shared end; and the tendency to take promises between strangers, rather than intimates, as the prototypes to which a satisfactory account must answer. I argue against these positions and then pursue an account that finds its motivation in their rejection. My main claim is: the power to make promises, and other related forms of commitment, is an integral part of the ability to engage in special relationships in a morally good way. The argument proceeds by examining what would be missing, morally, from intimate relationships if we lacked this power. (shrink)

To understand one another as individuals and to fulfill the moral duties that require such understanding, we must communicate with each other. We must also maintain protected channels that render reliable communication possible, a demand that, Seana Shiffrin argues, yields a prohibition against lying and requires protection for free speech. This book makes a distinctive philosophical argument for the wrong of the lie and provides an original account of its difference from the wrong of deception. Drawing on legal as (...) well as philosophical arguments, the book defends a series of notable claims—that you may not lie about everything to the "murderer at the door," that you have reasons to keep promises offered under duress, that lies are not protected by free speech, that police subvert their mission when they lie to suspects, and that scholars undermine their goals when they lie to research subjects. Many philosophers start to craft moral exceptions to demands for sincerity and fidelity when they confront wrongdoers, the pressures of non-ideal circumstances, or the achievement of morally substantial ends. But Shiffrin consistently resists this sort of exceptionalism, arguing that maintaining a strong basis for trust and reliable communication through practices of sincerity, fidelity, and respecting free speech is an essential aspect of ensuring the conditions for moral progress, including our rehabilitation of and moral reconciliation with wrongdoers. (shrink)

Standard, familiar models portray harms and benefits as symmetrical. Usually, harm is portrayed as involving a worsening of one's situation, and benefits as involving an improvement. Yet morally, the aversion, prevention, and relief of harms seem, at least presumptively, to matter more than the provision, protection, and maintenance of comparable and often greater benefits. Standard models of harms and benefits have difficulty acknowledging this priority, much less explaining it. They also fail to identify harm accurately and reliably. In this paper, (...) I develop these problems, argue that we should reconsider our commitment to the standard models, and then merely gesture at the direction in which we might locate a superior approach, one that better accounts for the moral significance of harm and its relation to autonomy rights. (shrink)

Intellectual property theory grapples with intriguing questions about the political and personal significance of our mental labour and creativity, the metaphysics of art and expression, the justifications for private property, and conflicts between property and free expression rights. This chapter begins with an introduction to the nature of intellectual property, comparing intellectual property to physical property. It continues with an overview of some arguments for, and criticisms of, the legal protection of intellectual property, and concludes with some ethical issues about (...) illegal downloading. (shrink)

The book defends the intimate connection between democracy and law by focusing on how democracy permits us to be co-authors of our common community through the use of law. It argues that democratically forged laws are articulate public commitments we make to one another and they are uniquely capable of conveying our mutual respect for one another. For this reason, democratic law is morally imperative and morally inspirational.

In this article, I reply to eight critics of my book Speech Matters: On Lying, Morality, and the Law. The topics include lying, promising, reciprocity, free speech, and the testimonial duties of institutions.

In this paper, we examine diverse political philosophical conceptualisations of justice and interrogate how these contested understandings are drawn upon in the burgeoning food justice scholarship. We suggest that three interconnected dimensions of justice—plurality, the spatial–temporal and the more-than-human—deserve further analytical attention and propose the notion of the ‘justice multiple’ to bring together a multiplicity of framings and situated practices of (food) justice. Given the lack of critical engagement food justice has received as both a concept and social movement in (...) the context of the United Kingdom (UK), we draw upon empirical research with practitioners and activists involved with heterogenous food movements working at the local, regional and national level and apply the justice multiple concept to the interview data. We highlight the diverse ways that justice is discussed in terms of access, fairness, empowerment, rights and dignity that reflect established organisational discursive framings and the fragmented nature of food system advocacy and activism. Based on this insight, we argue that a plurivocal, relational conceptualisation of socioecological justice can help enhance the multiple politics of food justice, pluralise UK food movement praxis and nurture avenues for broader coalition-building across the food system. (shrink)

In this round table response, we discuss some of the problems inherent in insisting on specific consent for an activity that needs to happen rapidly as part of a package of care. The Human Tissue Authority consider that specific consent is mandatory to assess which antibiotics are appropriate on the neonatal unit, but this insistence may actually limit the autonomy which consent aims to promote. While genetic testing to determine which child will react adversely to particular antibiotics has been available (...) clinically for several years, the research proposed here is to assess whether improving the speed of testing allows decisions to be made before treatment starts. Insisting on specific consent before this activity can take place is likely to delay appropriate care in some cases. On admission to the neonatal unit, the unwell infant is routinely subjected to a range of investigations and treatments. A person with parental responsibility will usually be asked to provide consent to undertake treatments for children who do not have capacity to give consent themselves.1 For the acutely unwell child, consent will usually be sought for a package of care: the urgent nature of neonatal medicine often requires clinicians to make many decisions without explicit consent. Doctors must always act in a child’s best interests: their decisions need to protect the health and well-being of a child and hold the child’s welfare paramount in accordance with the Children Act and General Medical Council guidelines.1 2 Thus, for example, ventilation might be initiated, sedation provided, antibiotics commenced or diagnostic investigations requested without separate consent conversations or …. (shrink)

The reversal of Roe v. Wade raises the prospect that other due process guarantees upon which individuals have organised their lives, including the constitutional rights to same-sex intimacy and marriage, will be overturned. These potential upheavals in the hard-won legal infrastructure of basic social status call for a careful look at reliance arguments for sustaining constitutional precedent. When does reliance on a judicial decision provide reason for a court to sustain a precedent in the face of substantial doubts or convictions (...) that the original decision was importantly mistaken?Our commitments to democratic law pose distinctive challenges for reliance arguments in the public law domain that do not burden reliance arguments in the private law domain. A persuasive reliance argument in the public law context must offer a merits-independent rationale identifying limited circumstances in which reliance would justify honouring a prior (mistaken) decision and honouring it prospectively, into the future. I detail the challenges and offer a democratic account to identify when overturning a mistaken decision would impose an unfair and inequitable hardship. On this account, abortion, contraception, and same-sex intimacy rights warrant continued affirmation given reliance behaviours, but not other rights, including rights to gun ownership and freedom of contract. (shrink)

This chapter contains section titled: I II III Acknowledgement.

Legal domains concerned with deception often recognize and regulate cases of negligent deception. The philosophical discussion of deception should follow suit, shifting from an exclusive focus on deception-as-wrongful-manipulation to a broader panorama that includes negligent deception and contemplates cases in which negligent deception may be wrong even when intentional deception about the same information may be permissible. Interesting philosophical questions then arise about what distinguishes negligent deception from mere misunderstandings and mistakes. Those questions require further thought about how relationships involve (...) epistemic cooperation and interdependence, and when such relationships generate responsibility for others’ mental contents. (shrink)

Feminism is the political theory and practice that struggles to free all women: women of colour, working class women, poor women, disabled women, lesbians, old women – as well as white economically privileged, heterosexual women. (Smith, 1982:49).

I’m grateful to Professors Langton and Owens for their probing comments and to Mind for providing the occasion for this exchange. Both Langton and Owens helpfully push me to tackle interesting problems that I did not wrestle with in the book. I am game to try to answer them, but some of my responses are tentative and roughly hewn, offered more in the spirit of exploratory conversation than firm conviction.

Adorno's Aesthetics of Critique examines Theodor Adorno's mode of critique from the perspective of his aesthetics. This has two purposes. The first purpose is to determine the effect of the primary importance Adorno places on aesthetics in his philosophy as a whole and to determine how this primacy influences the way in which he reads the philosophical tradition. The second purpose is to understand the role of aesthetics in critical thinking generally and to reinvigorate Adorno's understanding of the subjective and (...) objective dimensions of critique. The ultimate aim is to promote new interpretations of Adorno and to reassert his relevance for constructing effective modes of critical thinking. The book proceeds through four main chapters that focus on four different dimensions of Adorno's thought: knowledge, history, culture, and art. The first chapter uses Adorno's aesthetic theory to re-read his interpretation of Kant's subject-object dynamic. This grounds the second chapter, on history, which proceeds through an analysis of Adorno's reading of Hegel. The third chapter uses the philosophical grounding of the first two to explore how knowledge and history interact within society as fundamental dimensions of "culture." The scope and meaning of culture and its relevance for critique form the primary focus of this chapter. The fourth chapter turns to art to highlight the relationship between the critical and artistic dimensions of aesthetics in order to facilitate a dialogue between them. This serves the purpose of asserting and outlining the relevance of aesthetics for critical thought in the humanities and social sciences, which forms the crux of the book. (shrink)