Picking up the question of what FLaK might be, this editorial considers the relationship between openness and closure in feminist legal studies. How do we draw on feminist struggles for openness in common resources, from security to knowledge, as we inhabit a compromised space in commercial publishing? We think about this first in relation to the content of this issue: on image-based abuse continuums, asylum struggles, trials of protestors, customary justice, and not-so-timely reparations. Our thoughts take us through the different (...) ways that openness and closure work in struggles against violence, cruel welcomes, and re-arrangements of code and custom. Secondly, we share some reflections on methodological openness and closure as the roundtable conversation on asylum, and the interview with Riles, remind us of #FLaK2016 and its method of scattering sources as we think about how best to mix knowledges. Thirdly, prompted by the FLaK kitchen table conversations on openness, publishing and ‘getting the word out’, we respond to Kember’s call to ‘open up open access’. We explain the different current arrangements for opening up FLS content and how green open access, the sharedit initiative, author request and publisher discretion present alternatives to gold open access. Finally drawing on Franklin and Spade, we show how there are a range of ‘wench tactics’—adapting gifts, stalling and resting—which we deploy as academic editors who are trying to have an impact on the access, use and circulation of our journal, even though we do not own the journal we edit. These wench tactics are alternatives to the more obvious or reported tactic of resignation, or withdrawing academic labour from editing and reviewing altogether. They help us think about brewing editorial time, what ambivalence over our 25th birthday might mean, and how to inhabit painful places. In this, we respond in our own impure, compromised way to da Silva’s call not to forget the native and slave as we do FLaK, and repurpose shrapnel, in our common commitments. (shrink)

Why does #RepealedThe8th matter for feminist legal studies? The answers seem obvious in one sense. Feminism has long constituted itself through the struggle for sexual and reproductive justice, and Irish feminism has contributed a significant ‘legal win’ with the landslide vote of approval for lifting abortion restrictions in the referendum on the 25th May 2018. That win comes at a global moment when populist legal engagement is doing significant damage in countries that regard themselves as world leaders, and beyond. #RepealedThe8th (...) offers Ireland, and the world, the actuality that the popular vote, and everything that contributes to it, could be something else. Repeal shows how legal tools like the vote may be made into an expression of care for reproductive lives. This expression is important in recognizing pregnant people as knowing agents who are best placed to decide, and in seeking to do justice to those who contribute to everyday reproductive life. But repeal, like the many who brought it into being, has multiple meanings. #RepealedThe8th matters because it is a moving process of socio-legal translation, which draws on a collective energy, ‘repeal energy’, to turn the travesty that was the Eighth Amendment and all it represents into a search for the rest of reproductive life. In opening up the meaning of the vote, much like feminists elsewhere have opened up the meaning of the strike, Irish feminists have turned public mourning over past mistreatment into a series of reproductive connections. This is not a strategy that can be rolled out. Figuring out #RepealedThe8th will take many tellings. Rather we need to give repeal, and repealers, room to breathe and rest. We need to feel our way through repeal’s production of legal change so that this success is not reduced to some generic transferable set of legal instructions. I begin by reflecting on repeal as a process of feminist socio-legal translation, which shows us how legal change comes about through the motivation of collective joy, the mourning of damaged and lost lives, the sharing of legal knowledge, and the claiming of the rest of reproductive life. (shrink)

It has been three years since we held the Feminism, Legality and Knowledge seminar to respond to our developing frustrations and excitement around feminist legal studies and academic publishing. In the wake of our 25th anniversary in 2018, we critically reflect further on our original intention to stock up on decolonising techniques to mix feminism, legality and knowledge whilst building on previous consideration of our self-proclaimed ‘international’ status. These reflections are prompted by editorial board members’ experiences as participants in the (...) Cardiff Law and Global Justice Centre’s British Academy-funded Global South Socio-Legal Writing Workshops in Accra, Nairobi and Recife in 2018. Following an explanation of the concerns with academic publishing that have prompted this reflection, we provide a narrative of our experiences in each of the three workshops exploring the lessons learned and their impact on our practice as editors and scholars in feminist legal studies. We finish with a renewal of our commitment to decolonise our minds and practices by continuing to struggle to earn the label ‘international’ for the journal now and in future. A brief introduction to the contents of this issue of FLS follows the reflection. (shrink)

This editorial explains the themes of the forthcoming FLaK seminar and how those themes draw on the collective and individual contributions of the articles, interviews and commentaries presented in this issue. At FLaK, we propose to think with others about the kind of ‘kitchen table’ that FLS might provide into the future. How might feminist legal studies—the approach and the journal—best use its food, equipment, techniques, time, space, mood, energy and commitment? How shall FLS scholars and associates make the most (...) of what we have in a room that can sometimes be confining and confusing, yet also exciting and sustaining? How do others engage with the processes and products of our kitchen table? In considering these issues and more, we propose to draw reflexively on feminist legacies of praxis, internationalism and openness, as we stock up and critically reflect on decolonizing techniques, legal know-how, protest and publishing practices. (shrink)

The contributors to this issue focus on legal internationalism, including hybrid mixes with nationalist forms. They have provoked us as editors to think more about these sites and forms of engagement. Sankey shows how civic participation in the ECCC has played a key role in surfacing the gendered harms of separation and starvation. Turan highlights the problems with ICC exclusion of the experience of men and boys from sexual violence. Peroni expresses her hesitations over the Istanbul Convention given an association (...) between assumed vulnerability and migrant women, while admiring its uncoupling of violence and culture. Cruz’s interview with Wendy Brown contextualizes and expands on these themes as they consider, with other participants, the future of feminist theory in the context of neo-liberal capturing of rights and legal space. Thinking more about internationalism and commitment in this context also helps us hold a mirror up to ourselves as we reflect more critically on our own naming of FLS as an ‘international’ journal. Together these contributions, and the reviews of new work, play a role in fleshing out an editorial commitment to enacting the journal as a living thing that ‘hangs together somehow’ even as it is known differently in different places. (shrink)

Since the last issue of Feminist Legal Studies, we editorial board members have had lots of conversations about comfort, displacement and alienation. As we developed the programme for #FLaK2016 we thought about it as a kind of pulling ourselves out of our comfort zone, if academic events and journals ever have a comfort zone. Drawing on a mix of feminist live performance methods and a science and technology studies-type curiosity for objects of experimentation, we tried out a kitchen table method (...) of hosting a live research conversation with activists, artists and academics over two days. But we had not fully anticipated the way that the Brexit result would contribute to and complicate discomfort. A fuller analysis of FLaK awaits a later moment, but here we pick out this one aspect of our gathering—feelings of discomfort – as they animate the contributions to this issue in interesting ways. (shrink)

Feminists witness legal worlds as they observe, document and share nothing less than the reproduction of life itself. The world of the abortion trail, where people and things move across borders to change life’s reproduction, has generated a rich variety of legal sources, figures and objects for feminist witnessing. In watching how feminist activists improvise with sources, figures and objects of legal consciousness on the abortion trail, this article seeks to contribute to critical understanding of a plurality of witnessing practice, (...) particularly as it emerges in diaspora space. Focusing on Murphy’s concept of immodest witnessing, with its attention to bodies, protocols and apparatuses as constituents of knowledge, the article thinks with the diasporic feminist performance group, Speaking of I.M.E.L.D.A., about how they used self-examination, collaboration and knowledge-sharing on the trail to repeal Ireland’s 8th Amendment. The article argues that their improvisation with legal consciousness of reproductive choice enacts ‘cheeky witnessing’. Cheeky witnessing has three dynamics as a method of observation. First, it is messy and irreverent in innovating with names to display the mixed genealogies of feminist knowledge. Second, cheeky witnessing generates novel subject-figures who make connections between different reproductive labourers as observers of the trail in diaspora space. Third, cheeky witnessing places funny objects, knickers in this instance, so as to join up particular public locations and make them more, if unevenly, comfortable for sexual and reproductive bodies. Cheeky witnessing shows us how committed and partial practices play a role in speaking across interests and experiences, in stretching the legal imagination and in sustaining the everyday grind of making a better world. (shrink)

Significant developments in medical research and technology have meant that the process of reproduction is increasingly affected by the consumption of a variety of services and goods. Individuals intervene in their own reproductive processes as they eat particular foods, take particular drugs and avail themselves of diagnostic and reproductive services. Although such developments have been analysed by feminists in terms of their ethical consequences or their contribution to the commodification of reproduction, they have not been evaluated in terms of their (...) contribution to reproductive consumption. This article argues that we can avoid the reductiveness of critiques of commodified reproduction by developing a conceptual framework of reproductive consumption. Thinking through reproductive consumption also enables feminist analysis to expand our understanding of the gendered aspects of consumption. Most feminist work on consumption practices has focused on the domestic sphere as a site of consumption or on the role of sex and sexuality in promoting consumption. This article's analysis of reproductive consumption adds to this work by revealing ways in which biological reproduction itself is a site of consuming desires and needs, and is permeated by socio-economic forces. In developing a theoretical framework for analysing reproductive consumption, this article argues that consumption produces adaptive value as an object of exchange is acquired and adapted in order to satisfy some need or desire. In making this argument I draw on O'Brien, who argued that reproduction produces syntheticvalue by synthesizing reason and nature in bringing another human being into the world. In doing so she used Marx's method of extracting the concept of commodity value from capitalist exchange relations. Similarly, I analyse the relations of consumption in order to distil a value that is specific to consumption. Reproductive consumption identifies the reproductive consumer as someone who adapts objects of consumption to her own reproductive needs and desires as she negotiates her reproductive nature. Thinking about reproduction and consumption in terms of each other helps us to identify how reproduction is brought about through a taste for particular goods and services, and how consumption works through the reproductive, as well as the sexual, body. (shrink)

This article considers the forces which act to prevent women in Ireland from speaking about their experiences of abortion. It considers the various forms such silencing can take and the complexity of feelings and circumstance which women who have had abortions are subject to. In so doing it raises important questions about the way public debate about abortion between pro-choice and pro-life arguments — couched in terms of rights — acts to further silence women. Finally, the article calls for the (...) creation of a new public and intellectual space in which the complexities of the issues can be realized. A new public space such as this could then facilitate the enactment of permissive legislation which in turn could enable women to decide the best pregnancy option available for them at any particular moment in their lives. (shrink)

The Family Planning Association Northern Ireland (F.P.A.N.I.) has recently been successful in holding the state accountable for its duty to safeguard women’s reproductive health and welfare, and clarify the circumstances in which abortion is lawful. By demanding that the Minister for Health investigate abortion provision and produce abortion guidance, F.P.A.N.I. hope to improve the quality of abortion services and alleviate the situation of those women who are legally entitled to abortion in Northern Ireland but cannot access it there. This action (...) has challenged a public failure which impacts most negatively on those women who cannot easily escape its effects. Although the case succeeded in shaming the state for such a failure, the judicial review strategy could not challenge the legal ethos which denies women a say over their reproductive lives. This case commentary argues that pro-choice strategic litigation needs to positively and generally assert women’s reproductive rights at the same time as it seeks to accommodate the needs of the most vulnerable. (shrink)

This paper draws on the concepts of reproduction and scale to suggest that Skeggs and Wilson, in their contributions to this issue of Feminist Legal Studies, both identify a future-oriented reworking of historically accumulated value. The spectacular emotional labour of British reality television and the parody of mechanistic labour in Bangkok’s sex shows may be seen as instances in the affective search for future security in transnational markets. Capitalist subjectivities are still being produced through these gendered and sexual activities, but (...) they are being produced with television audiences and sex tourists whose geopolitical baggage becomes part of the show. (shrink)

Vulnerability acts as a touchstone in this issue as we find our contributors reflecting on its intersection with gender and sexuality in different ways. Saeidzadeh draws out the significance of misrecognition in her consideration of responses to transsexuality in Iran, while Doonan highlights the potential pitfalls of relying on situational vulnerability in her critique of anti-trafficking legal discourse in the US. Lindsey considers the legal potential of situational vulnerability as a tool to address the ‘persistent failure to take action against (...) abuse’ in the UK. Durojaye and Oluduro contribute to the recent revitalisation in asking ‘the woman question’ by drawing on African law and literature to flesh out the development of a gender-sensitive, substantive equality approach from the jurisprudence of the African Commission on Human and Peoples’ Rights as it addresses vulnerability to violence. The reviewers continue this international conversation as they address recent contributions on sexuality, family formation and social security. (shrink)

The papers in the following section arose from a roundtable discussion organised by the AHRC Research Centre for Law, Gender and Sexuality, titled ‘Law, Gender and Sexuality: The Making of a Field’. Participants in the roundtable were asked to reflect on the challenges confronting law, gender and sexuality (LGS) as an area of research and scholarship, and to ask what benefits, possibilities, risks and dangers accompany the establishment of a research terrain. The papers address such questions as ‘what is a (...) field and how is it made?’; ‘has LGS attained the status of a field?’; ‘what does it mean to locate oneself within the field of LGS?’; and ‘what is the relationship between feminism and LGS?’. They also consider possible future directions for the field of LGS. Together, the papers provide a variety of differing, and sometimes conflicting, perspectives on the developing body of intellectual and political activity that might be labelled ‘law, gender and sexuality’. (shrink)

This is a new edition of Joseph Fletcher's 1966 work that ignited a firestorm of controversy at the time of its publication.

This article considers two arguments that purport to show that inductive reasoning is unjustified: the argument adduced by Sextus Empiricus and the (better known and more formidable) argument given by Hume in the Treatise. While Sextus’ argument can quite easily be rebutted, a close examination of the premises of Hume’s argument shows that they are seemingly cogent. Because the sceptical claim is very unintuitive, the sceptical argument constitutes a paradox. And since attributions of justification are theoretical, and the claim that (...) they are never (or seldom) true isn’t preposterous, the correct response to the paradox may well be to admit that the sceptic has exposed our error in making them. (shrink)

Taking a critical look at some of the recent controls over human life, health, and death, Fletcher draws a vivid picture of contemporary biological needs and ethical responsibility. Genetic engineering, fetal research, abortion, suicide, human experimentation, infanticide, and euthanasia are some of the issues explored.

In the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet policy. As commonalities among countries and states disintegrate, how are we to view the basic concepts of criminal law as a whole? Eminent (...) legal scholar George Fletcher acknowledges that criminal law is becoming increasingly localized, with every country and state adopting their own conception of punishable behavior, determining their own definitions of offenses. Yet by taking a step back from the details and linguistic variations of the criminal codes, Fletcher is able to perceive an underlying unity among diverse systems of criminal justice. Challenging common assumptions, he discovers a unity that emerges not on the surface of statutory rules and case law but in the underlying debates that inform them. Basic Concepts of Criminal Law identifies a set of twelve distinctions that shape and guide the controversies that inevitably break out in every system of criminal justice. Devoting a chapter to each of these twelve concepts, Fletcher maps out what he considers to be the deep structure of all systems of criminal law. Understanding these distinctions will not only enable students to appreciate the universal fundamental ideas of criminal law, but will enable them to understand the significance of local details and variations. This accessible illustration of the unity of diverse systems of criminal justice will provoke and inform students and scholars of law and the philosophy of law, as well as lawyers seeking a better understanding of the law they practice. (shrink)

Ruth Garrett Millikan presents a strikingly original account of how we get to grips with the world in thought. Her question is Kant's 'How is knowledge possible?', answered from a contemporary naturalist standpoint. We begin with an understanding of what the world is like prior to cognition, then develop a theory of cognition within that world.

In lieu of an abstract, here is a brief excerpt of the content:Phenomenology and Modern Behavioral PsychologyLindsay B. Fletcher (bio) and Steven C. Hayes (bio)Keywordsacceptance, contextualism, defusion, relational-frame-theoryPérez-Álvarez and Sass (2008) deserve praise for examining the philosophical roots of clinical psychological science. Modern psychology has moved away from the development of philosophy and theory that is needed to ground scientific investigation within a coherent system. The result is increasingly ill-defined constructs and research programs that each operate within their own (...) divergent paradigm. B.F. Skinner is one of the few modern experimental behavioral psychologists who attempted to build a coherent science of behavior based on observable events with testable hypotheses. Acceptance and Commitment Therapy (ACT; Hayes, Strosahl, and Wilson 1999) and its associated basic science of cognition, Relational Frame Theory (RFT; Hayes, Barnes-Holmes, and Roche 2001), build on Skinner’s work to produce a more progressive science.Psychology and philosophy are different disciplines and how they are approached is defined by the objective. The purpose of philosophy from a scientific point of view is not the same as from a philosophical point of view. It is fine to compare radical behaviorism and phenomenology, but it seems important to ask whether and how this will lead to a more progressive science of behavior.In this commentary, we discuss the philosophy and theory that underlie ACT/RFT and show how they reflect on the relevant points made by the authors regarding the shared features of phenomenology and radical behaviorism. We make two adjustments to the explanation of radical behavioral concepts presented in the current paper to create a more coherent analysis. Finally, we show here how the development of a theory based on applied goals directly informs the methods used in clinical settings.Philosophical AssumptionsThe field of behavior analysis that originated with Skinner has different strands. Some are holistic and pragmatic, whereas others are elementalistic and mechanistic (Hayes, Hayes, and Reese 1988). ACT is based on an a-ontological philosophy termed functional contextualism (Hayes 1993), which views behavior analysis from a holistic and pragmatic perspective. Functional contextualism (AKA radical behaviorism) shares some of the assumptions of phenomenology, as has long been noted (Day 1969). For example, Pérez-Álvarez and Sass (2008) identify a-dualism, or monism, as a common feature. In functional contextualism, the whole is divided into functional units for the purpose of prediction and influence. A three-term contingency (antecedent–behavior–consequence) in behavior analysis is viewed as a [End Page 255] whole event with pragmatically distinguishable aspects, not an assemblage. As the authors point out, this results in a dialectic tension between stimulus control, action, and reinforcer because none are distinct units, and each is defined with reference to the others much as the front of a coin cannot exist without the back. These are not ontological entities, but functional units that are abstracted from the whole for pragmatic purposes. What is “radical” about radical behaviorism is that the philosopher, psychologist, or researcher participates in the event they are observing, and their own acts of scientific observation are identified based on their own functional properties.Behavioral ThinkingIn the service of further developing this philosophical and theoretical foundation and considering it along side phenomenology, we need to examine two aspects of the target article. The first regards the role of the environment in shaping behavior that is central to behavioral and contextual theories. The authors object to behaviorism’s notion of environment and suggest replacing it with the concept of the world, stating that “animals have environment, but man has world.” What is missing is an account of that shift. We believe that modern behavior analysis provides that account.Similarly, the paper argues that “reinforcers are not just things that follow behavior, but also, and above all, values that guide our life.” Again what is missing is an account of the precise behavioral basis for the distinction.In an attempt to do this, the authors incorrectly analyze operant behavior as future oriented, even appealing to final causality. In the three-term contingency, the discriminative stimulus sets the occasion for reinforcement of a particular behavior. The behavior of interest has been reinforced in similar contexts in the past, which gives... (shrink)

" Biosemantics " was the title of a paper on mental representation originally printed in The Journal of Philosophy in 1989. It contained a much abbreviated version of the work on mental representation in Language Thought and Other Biological Categories. There I had presented a naturalist theory of intentional signs generally, including linguistic representations, graphs, charts and diagrams, road sign symbols, animal communications, the "chemical signals" that regulate the function of glands, and so forth. But the term " biosemantics " (...) has usually been applied only to the theory of mental representation. Let me first characterize a more general class of theories called "teleological theories of mental content" of which biosemantics is an example. Then I will discuss the details that distinguish biosemantics from other naturalistic teleological theories. (shrink)

A list of groceries, Professor Anscombe once suggested, might be used as a shopping list, telling what to buy, or it might be used as an inventory list, telling what has been bought (Anscombe 1957). If used as a shopping list, the world is supposed to conform to the representation: if the list does not match what is in the grocery bag, it is what is in the bag that is at fault. But if used as an inventory list, the (...) representation is supposed to conform to the world: if the list does not match what is in the bag, it is the list that is at fault. The first kind of representation, where the world is supposed to conform to the list, can be called "directive"; it represents or directs what is to be done. The second, where the list is supposed to conform to the world, can be called "descriptive"; it represents or describes what is the case. I wish to propose that there exist representations that face both these ways at once. With apologies to Dr. Doolittle, I call them pushmi-pullyu representations or PPRs. (shrink)

Scientific editors’ policies, including peer review, are based mainly on tradition and belief. Do they actually achieve their desired effects, the selection of the best manuscripts and improvement of those published? Editorial decisions have important consequences—to investigators, the scientific community, and all who might benefit from correct information or be harmed by misleading research results. These decisions should be judged not just by intentions of reviewers and editors but also by the actual consequences of their actions. A small but growing (...) number of studies has put editorial policies to a strong scientific test. In a randomized, controlled trial. blinding reviewers to author and institution was usually successful and improved the quality of reviews. Two studies have shown that, contrary to conventional wisdom, reviewers early in their careers give better reviews than senior reviewers. Many studies have shown low agreement between reviewers but there is disagreement about whether this represents a failing of peer review or the expected and valuable effect of choosing reviewers with complementary expertise. In a study of whether manuscripts are improved by peer review and editing, articles published in Annals of Internal Medicine were improved in 33 of 34 dimensions of reporting quality, but published articles still had room for improvement. Because of the central place of peer review in the scientific community and the resources it requires, more studies are needed to define what it does and does not accomplish. (shrink)

This collection of essays serves both as an introduction to Ruth Millikan’s much-discussed volume Language, Thought, and Other Biological Categories and as an extension and application of Millikan’s central themes, especially in the philosophy of psychology. The title essay discusses meaning rationalism and argues that rationality is not in the head, indeed, that there is no legitimate interpretation under which logical possibility and necessity are known a priori. In other essays, Millikan clarifies her views on the nature of mental (...) representation, explores whether human thought is a product of natural selection, examines the nature of behavior as studied by the behavioral sciences, and discusses the issues of individualism in psychology, psychological explanation, indexicality in thought, what knowledge is, and the realism/antirealism debate. Table of Contents Preface Acknowledgments Introduction 1 In Defense of Proper Functions 2 Propensities, Exaptations, and the Brain 3 Thoughts without Laws 4 Biosemantics 5 On Mentalese Orthography, Part 1 6 Compare and Contrast Dretske, Fodor, and Millikan on Teleosemantics 7 What Is Behavior? A Philosophical Essay on Ethology and Individualism in Psychology, Part 1 8 The Green Grass Growing All Around: A Philosophical Essay on Ethology and Individualism in Psychology, Part 2 9 Explanation in Biopsychology 10 Metaphysical Antirealism? 11 Truth Rules, Hoverflies, and the Kripke-Wittgenstein Paradox 12 Naturalist Reflections on Knowledge 13 The Myth of the Essential Indexical 14 White Queen Psychology; or, The Last Myth of the Given References Index. (shrink)

How the various things that are said to have meaning—purpose, natural signs, linguistic signs, perceptions, and thoughts—are related to one another.

I defend the historical definition of "function" originally given in my Language, Thought and Other Biological Categories (1984a). The definition was not offered in the spirit of conceptual analysis but is more akin to a theoretical definition of "function". A major theme is that nonhistorical analyses of "function" fail to deal adequately with items that are not capable of performing their functions.

In this article, we illuminate the affective phenomenon of loneliness by exploring the question of how it relates to love and other forms of friendship. We reflect in particular on the question of how different forms of loneliness are relevant to human existence. Distinguishing three forms of loneliness, we first introduce two border cases of loneliness: unfelt loneliness in which one’s individuality is denied and one therefore cannot feel lonely; and existential loneliness in which the possibility of intimacy and existential (...) communication are denied and one therefore cannot but feel lonely. We then turn to loneliness that occurs within intimate friendships—even the most intimate ones. In our analysis, we pay attention especially to the role of communication. In order to do so, we repeatedly turn to poetic expressions of loneliness. We argue that loneliness cannot reflect only the absence or partial failure of communication but also the inherent limits of communication. These limits in turn point back to the nature of human existence and love itself. (shrink)

Ruth Millikan is well known for having developed a strikingly original way for philosophers to seek understanding of mind and language, which she sees as biological phenomena. She now draws together a series of groundbreaking essays which set out her approach to language. Guiding the work of most linguists and philosophers of language today is the assumption that language is governed by prescriptive normative rules. Millikan offers a fundamentally different way of viewing the partial regularities that language displays, comparing (...) them to biological norms that emerge from natural selection. This yields novel and quite radical consequences for our understanding of the nature of public linguistic meaning, the process of language understanding, how children learn language, and the semantics/pragmatics distinction. (shrink)

Concepts are highly theoretical entities. One cannot study them empirically without committing oneself to substantial preliminary assumptions. Among the competing theories of concepts and categorization developed by psychologists in the last thirty years, the implicit theoretical assumption that what falls under a concept is determined by description () has never been seriously challenged. I present a nondescriptionist theory of our most basic concepts, which include (1) stuffs (gold, milk), (2) real kinds (cat, chair), and (3) individuals (Mama, Bill Clinton, the (...) Empire State Building). On the basis of something important that all three have in common, our earliest and most basic concepts of substances are identical in structure. The membership of the category like that of is a natural unit in nature, to which the concept does something like pointing, and continues to point despite large changes in the properties the thinker represents the unit as having. For example, large changes can occur in the way a child identifies cats and the things it is willing to call without affecting the extension of its word The difficulty is to cash in the metaphor of in this context. Having substance concepts need not depend on knowing words, but language interacts with substance concepts, completely transforming the conceptual repertoire. I will discuss how public language plays a crucial role in both the acquisition of substance concepts and their completed structure. (shrink)

Charles Taylor is one of the most influential and prolific philosophers in the English-speaking world today. The breadth of his writings is unique, ranging from reflections on artificial intelligence to analyses of contemporary multicultural societies. This thought-provoking introduction to Taylor's work outlines his ideas in a coherent and accessible way without reducing their richness and depth. His contribution to many of the enduring debates within Western philosophy is examined and the arguments of his critics assessed. Taylor's reflections on the topics (...) of moral theory, selfhood, political theory and epistemology form the core chapters within the book. Ruth Abbey engages with the secondary literature on Taylor's work and suggests that some criticisms by contemporaries have been based on misinterpretations and suggests ways in which a better understanding of Taylor's work leads to different criticisms of it. The book serves as an ideal companion to Taylor's ideas for students of philosophy and political theory, and will be welcomed by the non-specialist looking for an authoritative guide to Taylor's large and challenging body of work. (shrink)

A leading scholar in the psychology of thinking and reasoning argues that the counterfactual imagination—the creation of "if only" alternatives to ...

In this one-of-a-kind text, George P. Fletcher, a renowned legal theorist, offers a provocative yet accessible overview of the basics of legal thought. The first section of the book is designed to introduce the reader to fundamental concepts such as the rule of law and deciding cases under the law. It continues with an analysis of the values of justice, desert, consent, and equality, as they figure into our judgment of legal cultures in terms of soundness and legitimacy. The (...) final chapters address the problems of morality and consistency in the law. In each case the author not only introduces the basic ideas but considers important arguments in the contemporary literature and raises original claims of his own. Ideally suited for courses in the philosophy of law, legal issues, and jurisprudence, Basic Concepts of Legal Thought fills a void in the literature, as there is no other volume that both eases law students into the mysteries of legal philosophy and provides an introduction to the legal mind for non-lawyers. (shrink)

This book attempts to answer two questions: Are alternatives for choice ever incomparable? and In what ways can items be compared? The arguments offered suggest that alternatives for choice no matter how different are never incomparable, and that the ways in which items can be compared are richer and more varied than commonly supposed.

This encyclopedia entry provides an overview of the field of public health ethics. It focuses on what distinguishes public health ethics from other nearby subfields—especially biomedical ethics. It also frames the problems of public health ethics in terms of the concepts of justice and political legitimacy.

Robert Alexy develops his influential theory of legal reasoning exploring the nature of legal argumentation and its relation to practical reasoning. In doing so he sheds light on fundamental questions of law and rationality, which are as crucial to practising lawyers and law students as they are to scholars of legal theory.

This book attempts to answer two questions: Are alternatives for choice ever incomparable? and In what ways can items be compared? The arguments offered suggest that alternatives for choice no matter how different are never incomparable, and that the ways in which items can be compared are richer and more varied than commonly supposed.

This book provides a clear, simple account of techniques involved in assisted reproduction and embryo research. It thoughtfully and provocatively explores controversies raised by developments in reproductive technology since the first IVF baby in 1978, such as 'saviour siblings', designer babies, reproductive cloning and embryo research.

This Element offers the first detailed study of Catharine Trotter Cockburn's philosophy and covers her contributions to philosophical debates in epistemology, metaphysics, moral philosophy, and philosophy of religion. It examines not only Cockburn's view that sensation and reflection are the sources of knowledge, but also how she draws attention to the limitations of human understanding and how she approaches metaphysical debates through this lens. In the area of moral philosophy, this Element argues that it is helpful to take seriously Cockburn's (...) distinction between questions concerning the metaphysical foundation of morality and questions concerning the practice of morality. Moreover, this Element examines Cockburn's religious views and considers her understanding of the relation between morality and religion and her religious views concerning the resurrection and the afterlife. (shrink)

In this article, I provide a philosophical analysis of the nature and role of perceived identity threats in the genesis and maintenance of fanaticism. First, I offer a preliminary definition of fanaticism as the social identity-defining devotion to a sacred value that demands universal recognition and is complemented by a hostile antagonism toward people who dissent from one’s group’s values. The fanatic’s hostility toward dissent thereby takes the threefold form of outgroup hostility, ingroup hostility, and self-hostility. Second, I provide a (...) detailed analysis of the fears of fanaticism, arguing that each of the three aforementioned forms of hostile antagonism corresponds to one form of fear or anxiety: the fanatic’s fear of the outgroup, renegade members of the ingroup, and problematic aspects of themselves. In each of these three forms of fear, the fanatic experiences both their sacred values and their individual and social identity as being threatened. Finally, I turn to a fourth form of fear or anxiety connected to fanaticism, namely the fanatic’s anxiety of and flight from the existential condition of uncertainty itself, which, at least in some cases, ground the fanatic’s fearfulness. (shrink)