Encountering Aborigines: A Case Study: Anthropology and the Australian Aboriginal details the concerns in contemporary anthropological research of aboriginal Australians.

This book is an assault on the notion that it is empirically accurate and legally and philosophically satisfactory to see humans as atomistic entities. It contends that our welfare is inextricably entangled with that of others, and accordingly law and ethics, in determining our best interests, should recognise the central importance of relationality, the performance of obligations, and (even apparently injurious) altruism.

I situate Adorno's 1931 inaugural lecture in the context of German philosophy in the 1920s. The crisis of idealism in the early twentieth century is explained in terms of the new emphasis in capitalist society on the role of impersonal, scientific knowledge. I demonstrate that Adorno, in the lecture, rejects the neo‐Kantian goal of aligning philosophy with the new scientific culture, but also dismisses the positivist idea of dissolving philosophy into natural science, as well as the irrationalist currents such as (...) life philosophy and existentialism. Adorno's lecture argues instead for a version of dialectical philosophy that is rooted in the practices and techniques of early aesthetic modernism. (shrink)

This chapter explores the differences between the epistemologies of adults and those of children, as is evident through the tension between the institution of the school and the figure of the child. Epistemological practices are inherently political, that is, there are political conditions that determine the way persons think, including the very idea of something being rational, or, in accordance with supposedly objective, universal and scientific principles. The school, I argue, is a place where this rationalism is reproduced in subjects. (...) While the school is a token of what Weber, Max termed the disenchantment of modernity, this chapter rejects a fatalistic lamentation of a meaningless world, instead turning to psychoanalytic theory that suggests subjects must undergo a process of becoming disenchanted, forcing themselves to suppress their playful daydreaming, and do so as they move throughout the school, being transformed into adult citizens who think in accordance with what Deleuze, Gilles, and Guattari, Felixand State-philosophy in his reading of Gilles Deleuze and Félix Guattari, as they become a part of the larger machinery of the capitalist nation-state. This chapter seeks to explore alternatives and envision scenarios where children’s epistemologies are not invalid, but in fact, their ability to think in ways adults cannot think allows them to gain insight into the true nature of the Horror their communities face Steven King’s It novel It, and the Duffer Brothers Netflix series Stranger Things. (shrink)

This book is an examination of how the law understands human identity and the whole notion of 'human being'. On these two notions the law, usually unconsciously, builds the superstructure of 'human rights'. It explores how the law understands the concept of a human being, and hence a person who is entitled to human rights. This involves a discussion of the legal treatment of those of so-called "marginal personhood" (e.g. high functioning non-human animals; humans of limited intellectual capacity, and fetuses). (...) It also considers how we understand our identity as people, and hence how we fall into different legal categories: such as gender, religion and so on. The law makes a number of huge assumptions about some fundamental issues of human identity and authenticity - for instance that we can talk meaningfully about the entity that we call 'our self'. Until now it has rarely, if ever, identified those assumptions, let alone interrogated them. This failure has led to the law being philosophically dubious and sometimes demonstrably unfit for purpose. Its failure is increasingly hard to cover up. What should happen legally, for instance, when a disease such as dementia eliminates or radically transforms all the characteristics that most people regard as foundational to the 'self'? This book seeks to plug these gaps in the literature. (shrink)

A World for Us aims to refute physical realism and establish in its place a form of idealism. Physical realism, in the sense in which John Foster understands it, takes the physical world to be something whose existence is both logically independent of the human mind and metaphysically fundamental. Foster identifies a number of problems for this realist view, but his main objection is that it does not accord the world the requisite empirical immanence. The form of idealism (...) that he tries to establish in its place rejects the realist view in both its aspects. It takes the world to be something whose existence is ultimately constituted by facts about human sensory experience, or by some richer complex of non-physical facts in which such experiential facts centrally feature. Foster calls this phenomenalistic idealism. He tries to establish a specific version of such phenomenalistic idealism, in which the experiential facts that centrally feature in the constitutive creation of the world are ones that concern the organization of human sensory experience. The basic idea of this version is that, in the context of certain other constitutively relevant factors, this sensory organization creates the physical world by disposing things to appear systematically world-wise at the human empirical viewpoint. Chief among these other relevant factors is the role of God as the one who is responsible for the sensory organization and ordains the system of appearance it yields. It is this that gives the idealistically created world its objectivity and allows it to qualify as a real world. (shrink)

A teleological approach to deciding how we should act underlies the attempted extension of neo-classical economics to environmental issues, with its emphasis on comparative valuation in monetary terms. Such an extension fails because, in the environmental sphere, there are powerful reasons for denying commensurability of the relevant values. But this denial then tends to undercut any weighing of environmental goods. In response to this difficulty, the paper seeks to develop an account of the weighing of goods which would enable us (...) to recognise value as a human creation, while also grounding it in an ecological unity with the wider life of nature. (shrink)

Autonomy is a vital principle in medical law and ethics. It occupies a prominent place in all medico-legal and ethical debate. But there is a dangerous presumption that it should have the only vote, or at least the casting vote. This book is an assault on that presumption, and an audit of autonomy's extraordinary status. This book surveys the main issues in medical law, noting in relation to each issue the power wielded by autonomy, asking whether that power can be (...) justified, and suggesting how other principles can and should contribute to the law. It concludes that autonomy's status cannot be intellectually or ethically justified, and that positive discrimination in favour of the other balancing principles is urgently needed in order to avoid some sinister results. 'This book is a sustained attack on the hegemony of the idea of autonomy in medical ethics and law. Charles Foster is no respecter of authority, whether of university professors or of law Lords. He grabs his readers by their lapels and shakes sense into them through a combination of no-nonsense rhetoric and subtle argument that is difficult to resist.' Tony Hope, Professor of Medical Ethics, Oxford University 'This book is unlikely to be in pristine state by the time you have finished reading it. Whether that is because you have thrown it in the air in celebration or thrown it across the room in frustration will depend on your perspective. But this book cannot leave you cold. It is a powerful polemic on the dominance of autonomy in medical law, which demands a reaction. Charles Foster sets out a powerful case that academic medical lawyers have elevated autonomy to a status it does not deserve in either ethical or legal terms. In a highly engaging, accessible account, he challenges many of the views which have become orthodox within the academic community. This will be a book which demands and will attract considerable debate.' Jonathan Herring, Exeter College, Oxford University 'This is a learned, lively and thought-provoking discussion of problems central to the courts' approach to ethical issues in medical law. What principles are involved? More significantly, which really underlie and inform the process of seeking justice in difficult cases? Charles Foster persuasively argues, and demonstrates, that respect for autonomy is but one of a number of ethical principles which interact and may conflict. He also addresses the sensitive issue of the extent to which thoughts and factors which go to influence legal decisions may not appear in the judgments.' Adrian Whitfield QC. 'Introducing the Jake La Motta of medical ethics. Foster is an academic street-fighter who has bloodied his hands in the court room. He provides a stinging, relentless, ground attack on the Goliath of medical ethics: the central place of autonomy in liberal medical ethics. This is now the first port of call for those who feel that medical ethics has become autonomized.' Julian Savulescu, Uehiro Chair in Practical Ethics, University of Oxford. "This important book offers a robust challenge to anyone, whether lawyer or 'ethicist', who sees respect for autonomy as the only game in town. It argues eloquently and effectively that, on the one hand, despite the reverence paid to it by judges, in practice the law, even in the context of consent, weaves together a number of moral threads of which autonomy is merely one, in the pursuit of a good decision. It argues on the other hand, that were the day-to-day practice of law to be guided primarily by respect for autonomy, this would be wrong. Foster concludes that whilst, 'any society that does not have laws robustly protecting autonomy is an unsafe and unhappy one', so too would be a society in which too much emphasis was placed on respect for autonomy at the expense of other important moral principles. This is essential reading for anyone interested in the role of autonomy and indeed of medical ethics, in the law." Michael Parker, Professor of Bioethics, University of Oxford. (shrink)

Dementia is a topic of enormous human, medical, economic, legal and ethical importance. Its importance grows as more of us live longer. The legal and ethical problems it raises are complex, intertwined and under-discussed. This book brings together contributions from clinicians, lawyers and ethicists – all of them world leaders in the field of dementia – and is a comprehensive, scholarly yet accessible library of all the main (and many of the fringe) perspectives. It begins with the medical facts: what (...) is dementia? Who gets it? What are the current and future therapeutic and palliative options? What are the main challenges for medical and nursing care? The story is then taken up by the ethicists, who grapple with questions such as: is it legitimate to lie to dementia patients if that is a kind thing to do? Who is the person whose memory, preferences and personality have all been transformed by their disease? Should any constraints be placed on the sexual activity of patients? Are GPS tracking devices an unpardonable interference with the patient's freedom? These issues, and many more, are then examined through legal lenses. The book closes with accounts from dementia sufferers and their carers. It is the first and only book of its kind, and the authoritative text. (shrink)

A radically immersive exploration of three pivotal moments in the evolution of human consciousness, asking what kinds of creatures humans were, are, and might yet be.

This volume -- a companion to Thomas Reid: Selected Philosophical Writings (2012) -- makes available material from Thomas Reid's autograph manuscripts and student notes of his lectures. It includes an introductory essay by Nicholas Wolterstorff.

Scientific advances in health care have been disproportionately distributed across social strata. Disease burden is also disproportionately distributed, with marginalized groups having the highest risk of poor health outcomes. Social determinants are thought to influence health care delivery and the management of chronic diseases among marginalized groups, but the current conceptualization of social determinants lacks a critical focus on the experiences of people within their environment. The purpose of this article was to integrate the literature on marginalization and situate the (...) concept in the framework of social determinants of health. We demonstrate that social position links marginalization and social determinants of health. This perspective provides a critical lens to assess the societal power dynamics that influence the construction of the socio‐environmental factors affecting health. Linking marginalization with social determinants of health can improve our understanding of the inequities in health care delivery and the disparities in chronic disease burden among vulnerable groups. (shrink)

Among bioethicists and members of the public, genetics is often regarded as unique in its ethical challenges. As medical researchers and clinicians increasingly combine genetic information with a range of non-genetic information in the study and clinical management of patients with common diseases, the unique ethical challenges attributed to genetics must be re-examined. A process of genetic routinisation that will have implications for research and clinical ethics, as well as for public conceptions of genetic information, is constituted by the emergence (...) of new forms of genetic medicine, in which genetic information is interpreted in a multifactorial frame of reference. Although the integration of genetics in medical research and treatment may be a helpful corrective to the mistaken assumptions of genetic essentialism or determinism, the routinisation of genetics may have unintended consequences for the protection of genetic information, perceptions of non-genetic information and the loss of genetic research as a laboratory for exploring issues in research and clinical ethics. Consequently, new ethical challenges are presented by the increasing routinisation of genetic information in both biomedical and public spheres. (shrink)

Memory represents a key psychological process. It allows us to recall things from the past which may have taken place hours, days, months, or even many years ago. Our memories are intrinsically personal, subjective, and internal, yet without the primary capacity of memory, other important activities such as speech, perception, concept formation, and reasoning would be impossible. The range of different aspects of memory is huge, from our vocabulary and knowledge about language and the world to our personal histories, skills (...) such as walking and talking, and the more simple memory capacities found in lower animals. Amongst the diversity of memory processes, the principal focus in this volume is the long-term representation of complex associative human memory. This refers to the permanently stored representation of individual items and events. The books in the Oxford Debates in Psychology series aim to provide students and researchers with a stimulating, self-contained, and balanced summary of the various theoretical and empirical positions that shape the most controversial and contested areas of research. Memory: Systems, Process, or Function? presents a a debate about the cognitive architecture of the human long-term memory system. The individual chapter authors represent some of the leading researchers and theorists in the field. Each chapter concentates upon the central theoretical question of how long-term memory can best be conceptualized. In particular, is long-term memory best regarded as comprising multiple independent systems, as a processing framework which can be tapped via different levels of processing, or as a complex fnction which can be used in a flexible and task-appropriate manner? The authors of each chapter present their own answers to this and related research questions. The book concludes with an integrated synopsis and appraisal of the different facets of this fascinating debate. (shrink)

This paper examines the proposition that adopting a socially responsible, or philanthropic, management posture is not antithetic to the capitalist business model but rather can be seen as a sound approach to the development of long-term sustainability in business in a modern business environment, wherein a strand of corporate social responsibility is one core aspect of the composite utility function of the modern business. We suggest further that for many of the prominent/significant examples of the successful adoption of a policy (...) of informed benevolence in the management of employees that policy seems to be faith rooted – be that faith Christian, Buddhist, Jewish, Muslim or other. Indeed, even if one observed an organisation subject to an humanist or even atheistic based socially responsible management, one could see that as being rooted in that organisation’s ‘non-faith’ faith, or ethical bubble. Our argument also gives the lie to the proposition, in currency in some circles, that the term ‘business ethics’ is an oxymoron. To underpin the argument we cite examples (/set out mini-cases, or a mixture of these) from a range of faith based traditions including, Buddhism, the Quaker-Christian tradition, Judaism and Islam. (shrink)

In Book VII, p. 520, Socrates describes the arguments by which the philosophers must be induced to “return to the cave,” that is to say, to resume the practical business of politics from which they have escaped into the better life of contemplation. They must be shown that this sacrifice is a debt which they owe to the city in return for the opportunity which it has afforded them of becoming philosophers. “Will our pupils,"1 he continues, “when they hear this, (...) refuse to share in turn the toils of state, when they are allowed to spend the greater part of their time with one another in the heaven of ideas?” “Impossible,” Glaucon replies; “for they are just men, and the commands which we impose on them are just; there can be no doubt that every one of them will take office as a stern necessity, and not like our present ministers of state’. (shrink)

I argue in this paper that a recovery of the cognitive role of the experiencing subject is the common theme uniting Theodor Adorno's philosophy and Marcel Proust's literary project. This shared commitment is evidenced by the importance given by both thinkers to the expressive dimension of language in relation to its social function as a vehicle for communication. Furthermore, I argue that Adorno and Proust conceive of language's expressive dimension as the expression of suffering. However, whereas, for Proust, this means (...) the private suffering of the artist transforming itself into a work of art, for Adorno it means suffering that is rooted in sociohistorical conditions. It is this thesis, I suggest, that enables Adorno to employ the recovery of the experiencing subject as a form of social criticism. (shrink)

Dualism argues that the mind is more than just the brain. It holds that there exists two very different realms, one mental and the other physical. Both are fundamental and one cannot be reduced to the other - there are minds and there is a physical world. This book examines and defends the most famous dualist account of the mind, the cartesian, which attributes the immaterial contents of the mind to an immaterial self. John Foster's new book exposes the (...) inadequacies of the dominant materialist and reductionist accounts of the mind. In doing so he is in radical conflict with the current philosophical establishment. Ambitious and controversial, _The Immaterial Self_ is the most powerful and effective defence of Cartesian dualism since Descartes' own. (shrink)

We argue that stereotypes associated with concepts like he-said–she-said, conspiracy theory, sexual harassment, and those expressed by paradigmatic slurs provide “normative inference tickets”: conceptual permissions to automatic, largely unreflective normative conclusions. These “mental shortcuts” are underwritten by associated stereotypes. Because stereotypes admit of exceptions, normative inference tickets are highly flexible and productive, but also liable to create serious epistemic and moral harms. Epistemically, many are unreliable, yielding false beliefs which resist counterexample; morally, many perpetuate bigotry and oppression. Still, some normative (...) inference tickets, like some activated by sexual harassment, constitute genuine moral and hermeneutical advances. For example, our framework helps explain Miranda Fricker’s notion of “hermeneutical lacunae”: what early victims of “sexual harassment” — as well as their harassers — lacked before the term was coined was a communal normative inference ticket — one that could take us, collectively, from “this is happening” to “this is wrong.”. (shrink)

John Foster addresses the question: what is it to perceive a physical object? He rejects the view that we perceive such objects directly, and argues for a new version of the traditional empiricist account, which locates the immediate objects of perception in the mind. But this account seems to imply that we do not perceive physical objects at all. Foster offers a surprising solution, which involves embracing an idealist view of the physical world.