This special issue of Etikk i praksis - Nordic Journal of Applied Ethics deals with the largely underexplored connections between public domain and democracy in the digital age and features articles highlighting various aspects of this broader theme.

Reason and emotion are often cast as opposites. Yet emotion comes in a wide array of manifestations and has a variety of relations with its supposed opposite. Understanding emotion better is key to grasping how jurisprudence casts the relation between psychology and judicial decision making. Jurisprudents disagree on whether and when (lack of) emotion is a problem for decision makers in the justice system. The aim of this paper is to shed light on unarticulated assumptions in mainstream legal theory concerning (...) this disagreement. The paper plots the different positions jurisprudents hold concerning the role of emotion in judicial decision making, regardless of where they stand on matters such the nature of law. The paper substantiates the claim that legal theorists often take an irrationalist approach to emotion but occasionally develop an alternative account that is closer to a cognitivist approach, the prime example of which is the claim that equity requires practical reasoning. Emotions are then cast as skills to be appreciated. The paper concludes that jurisprudence adopts a simplistic view of emotion. The study of the role of emotion has been hampered by the tendency to view emotions reductively. My classificatory effort warrants the conclusion that lack of emotion – understood as a skill in cognitivist terms – constitutes a problem for justice. (shrink)

This paper explores the contribution by the contemporary legal realist Hanoch Dagan. Dagan’s brand of realism defines law on the basis of its institutions or social practices, not of its norms or rules. The paper first provides a critical overview of this realist theory of law: It is not synonymous with the predictive theory of law, with Leiter’s theory of judges, or Frank’s “breakfast theory”. By focusing on the role of judges and the methodology of legal reasoning, we discover that (...) the core difference between realism and positivism lies in the claim that law is affected by a strong form of indeterminacy, stemming from the plurality of legal sources, not from the open texture of legal language as expressed in rules; and we are also able to distinguish this form of realism from contemporary movements in legal theory, such as critical legal studies and law & economics. The normative dimension of realism is also addressed: This theory of law develops a specific concept of justice, on the ground of a cognitivist theory of value. (shrink)

The article considers what arbitrary law-making is and what may count as arbitrary law-making in the field of migration policy. It contributes to the discussion of arbitrary law-making in relation to migration policy in two ways. First, it offers an analysis of arbitrariness, pointing out that rhetorical definitions abound – perhaps not surprisingly, given that migration is a highly-contested policy area – and argues for why transposing a conception developed in ethical theory to the law has high theoretical costs. An (...) alternative conception is described and found to be better equipped to deal with arbitrary law-making in migration policy. It is argued that if we want to understand how arbitrariness plays out in the field of migration law – which is necessary to find ways to hinder its spread by the adoption of specific law-making practices – we first need to distinguish arbitrariness from legitimate choices of legislators. Secondly, a typology of forms of arbitrariness is fleshed out in relation to contemporary migration policy. The policy area is here broadly construed to include not only naturalisation processes, but also migration, asylum and refugee policies and more generally border control. The examples are taken from a broad selection of countries. They have been chosen for illustrative purposes only. Keywords: arbitrariness, discretion, arbitrary power, forms of arbitrary power, borders, migration policy, citizenship policy. (shrink)

The special issue covers both fronts by presenting a conceptual analysis of arbitrary law-making that sets out to typify its various meanings, along an empirical account of its actual functioning in legal and political practice. As arbitrariness becomes a pressing concern for lawyers, politicians and scholars attempting to grasp the discretionary powers of judicial and administrative authorities vis-a-vis legal subjects, its social impact as well as its political consequences must be taken into consideration in order to fully comprehend how central (...) arbitrariness has become for a philosophical and a sociological account of law-making. Migration policy is precisely where arbitrariness vividly shows its face, and where its various forms unleash their most revealing implications. It is in this field that we must dig further if we want to know how this hitherto peripheral and surrogated dimension of legal decision-making stretches the leeway of legal officials to the very margin of legality, disclosing the social tension and the power struggle between their agency and the structures that condition and enable it. (shrink)

Some companions journey with us; others await our return home. The Cambridge Companion to Legal Positivism1 is, at 800 pages, one of the latter. It is a companion worth returning to, however, as it...

Abstract:During recent years, the principle and practice of employment-at-will have been under attack. While progress has been made in eroding the practice, the principle still governs the philosophical assumptions underlying employment practices in the United States, and, indeed, EAW has been promulgated as one of the ways to address economic ills in other countries. This paper will briefly review the major critiques of EAW. Given the failure of these arguments to erode the underpinnings of EAW, we shall suggest new avenues (...) for approaching employment issues to achieve the desirable goal of employee dignity and respect. (shrink)

This article presents a response to Richard Rorty's paper "Is Philosophy Relevant to Business Ethics?" The author questions Rorty's views on the depreciation of the role of philosophy in applied ethics, and outlines four reasons why philosophy retains its relevance. The author addresses the role of moral reasoning in the development of the moral imagination. The author also concludes that humans have the means necessary to make moral progress and are capable of moral reasoning, and need only to develop a (...) strong moral imagination. (shrink)

The ways in which knowledge relates to power have been much discussed in radical education theory. New emphasis on the role of gender and the growing debate about subjectivity have deepened the discussion, while making it more complex. In Getting Smart , Patti Lather makes use of her unique integration of feminism and postmodernism into critical education theory to address some of the most vital questions facing education researchers and teachers.

Introduction to the Institutional Logics Perspective -- Precursors to the Institutional Logics Perspective -- Defining the Inter-institutional System -- The Emergence, Stability and Change of the Inter-institutional System -- Micro-Foundations of Institutional Logics -- The Dynamics of Organizational Practices and Identities -- The Emergence and Evolution of Field-Level Logics -- Implications for Future Research.

In Frege's Conception of Logic Patricia A. Blanchette explores the relationship between Gottlob Frege's understanding of conceptual analysis and his understanding of logic.

This paper examines the relationship between organizational ethical culture in two large international CPA firms, auditors'' personal values and the ethical orientation that those values dictate, and judgments in ethical dilemmas typical of those that accountants face. Using an experimental task consisting of multiple judgments designed to vary in "moral intensity" (Jones, 1991), and unique as well as tried-and-true approaches to variable measurements, this study examined the judgments of more than three hundred participants in our study. ANCOVA and path analysis (...) results indicate that: (1) Ethical judgments in situations of high moral intensity are affected by personal values and by environmental variables, such as the professional code of conduct (direct and indirect effects) and previous ethics instruction (direct effect only). (2) Corporate ethical culture, and a relatively strong firm rules-orientation, affect auditors'' idealism but not relativism, and therefore indirectly affect ethical judgments. Jones'' (1991) moral intensity argument is supported: differences in the characteristics of specific judgment tasks apparently result in different decision processes. (shrink)

Habit and Embodiment in Merleau-PontyIntroductionMerleau-Ponty (French phenomenological philosopher, born in 1908 and deceased in 1961) refers to habit in various passages of his Phenomenology of Perception as a relevant issue in his philosophical and phenomenological position. Through his exploration of this issue he explains both the pre-reflexive character that our original linkage with the world has, as well as the kind of “understanding” that our body develops with regard to the world. These two characteristics of human existence bear a close (...) relation with the vision of an embodied mind sustained by Gallagher and Zahavi in their work The Phenomenological Mind: An Introduction to Philosophy of Mind and Cognitive Science. Merleau-Ponty uses concepts like those of the lived or own body and of lived space in order to emphasize, from a first-person perspective, the co-penetration that exists between subject and world.Gallagher and Zahavi have regained the experience of phenomenology, especially that of Merleau-Ponty and Sartre, to contribute to the development of the cognitive sciences. Via the phenomenological approach to the reality of habit, a new understanding of the body becomes possible for us, such that it becomes characterized “as subject, as experiencer, as agent”, and at the same time we can understand “the way the body structures our experience” (Gallagher and Zahavi, 2008). Additionally, the idea of a pre-reflexive understanding is conceived of by these authors... (shrink)

In Emotions and Reasons, Patricia Greenspan offers an evaluative theory of emotion that assigns emotion a role of its own in the justification of action. She analyzes emotions as states of object-directed affect with evaluative propositional content possibly falling short of belief and held in mind by generalized comfort or discomfort.

Husserl’s writings on sociality have received increasing attention in recent years. Despite this growing interest, Husserl’s reflections on the specific role of communication remain underexplored. In this paper, we aim to fill this gap by reconstructing the various ways in which Husserl draws systematic connections between communication and communalization. As will become clear, Husserl’s analysis converges with much more recent ideas defended by Margaret Gilbert and Naomi Eilan.

Introduction : schizoanalysis, digital screens and new brain circuits -- Schizoid minds, delirium cinema and powers of machines of the invisible -- Illusionary perception and powers of the false -- Surveillance screens and powers of affect -- Signs of time : meta/physics of the brain-screen -- Degrees of belief : epistemology of probabilities -- Powers of creation : aesthetics of material-force -- The open archive : cinema as world-memory -- Divine in(ter)vention : micropolitics and resistance -- Logistics of perception 2.0 (...) : multiple screens as affective weapons -- Conclusion : the neuro-image : brain-screens from the future. (shrink)

Progress in the neurosciences is profoundly changing our conception of ourselves. Contrary to time-honored intuition, the mind turns out to be a complex of brain functions. And contrary to the wishful thinking of some philosophers, there is no stemming the revolutionary impact that brain research will have on our understanding of how the mind works. Brain-Wise is the sequel to Patricia Smith Churchland's Neurophilosophy, the book that launched a subfield. In a clear, conversational manner, this book examines old questions (...) about the nature of the mind within the new framework of the brain sciences. What, it asks, is the neurobiological basis of consciousness, the self, and free choice? How does the brain learn about the external world and about its own introspective world? What can neurophilosophy tell us about the basis and significance of religious and moral experiences? Drawing on results from research at the neuronal, neurochemical, system, and whole-brain levels, the book gives an up-to-date perspective on the state of neurophilosophy—what we know, what we do not know, and where things may go from here. (shrink)

A dialogue between virtue and care ethics is formed as a step towards meeting Pellegrino's challenge to create a more comprehensive moral philosophy. It is also a dialogue between nursing and medicine since each practice draws on the Greek Virtue Tradition and the Judeo-Christian Tradition of care differently. In the Greek Virtue Tradition, the point of scrutiny lies in the inner character of the actor, whereas in the Judeo-Christian Tradition the focus is relational, i.e. how virtues are lived out in (...) specific relationships, particularly unequal relationships where vulnerability of one of the members is an issue. In a care ethic relational qualities such as attunement rather than inner qualities are the point of scrutiny. A dialogue between these two traditions makes it possible to consider the relational virtues and skills of openness and responsiveness that are required for a respectful meeting of the other. (shrink)

Parmenides of Elea was the most important and influential philosopher before Plato. He rejected as impossible the scientific inquiry practiced by the earlier Presocratic philosophers and held that generation, destruction, and change are unreal and that only one thing exists. In this book, Patricia Curd argues that Parmenides sought to reform rather than to reject scientific inquiry, and she offers a more coherent account of his influence on later philosophers._ _The Legacy of Parmenides_ examines Parmenides' arguments, considering his connection (...) to earlier Greek thought and how his account of what-is could have served as a model for later philosophers. Curd also explores the theories of his successors, including the Pluralists, the Atomists, the later Eleatics, and the later Presocratics. She concludes with a discussion of the importance of Parmenides' work to Plato's _Theory of Forms._ _The Legacy of Parmenides_ challenges traditional views of early Greek philosophy and provides new insights into the work of Parmenides. "_The Legacy of Parmenides_ represents a milestone... of Parmenides' interpretation. It is full of ideas and tells a coherent story about Parmenides and early Greek thought." --_ Alexander Nehamas, Princeton University___ "Professor Curd offers a genuinely original and possibly correct interpretation of the core thesis of the poem of Parmenides in a field so well worked over that saying something both new and true is profoundly difficult, this is a notable achievement." --_ Thomas M. Robinson, University of Toronto___ "This will be a substantial book in the story of early Greek philosophy, and future writers on the tradition from Thales through Plato will not be able to ignore it without missing an important interpretive alternative. It will be of value to students of Presocratic philosophy or the Greek tradition, as well as to students of the scientific revolution, cosmology, the origins of logic, or comparative mysticism." --_ Scott W. Austin, Texas A&M University___ PATRICIA CURD_ is professor at Purdue University where she works primarily in Ancient Philosophy. She is a co-editor of _Readings in Ancient Greek Philosophy_, and is the editor of _A Presocratics Reader._. (shrink)

Neurophenomenological (NP) methods integrate objective and subjective data in ways that retain the statistical power of established disciplines (like cognitive science) while embracing the value of first-person reports of experience. The present paper positions neurophenomenology as an approach that pulls from traditions of cognitive science but includes techniques that are challenging for cognitive science in some ways. A baseline study is reviewed for “lessons learned,” that is, the potential methodological improvements that will support advancements in understanding consciousness and cognition using (...) neurophenomenology. These improvements, we suggest, include (1) addressing issues of interdisciplinarity by purposefully and systematically creating and maintaining shared mental models among research team members; (2) making sure that NP experiments include high standards of experimental design and execution to achieve variable control, reliability, generalizability, and replication of results; and (3) conceiving of phenomenological interview techniques as placing the impetus on the interviewer in interaction with the experimental subject. (shrink)

This book explores Gilles Deleuze's contribution to film theory. According to Deleuze, we have come to live in a universe that could be described as metacinematic. His conception of images implies a new kind of camera consciousness, one that determines our perceptions and sense of selves: aspects of our subjectivities are formed in, for instance, action-images, affection-images and time-images. We live in a matrix of visual culture that is always moving and changing. Each image is always connected to an assemblage (...) of affects and forces. This book presents a model, as well as many concrete examples, of how to work with Deleuze in film theory. It asks questions about the universe as metacinema, subjectivity, violence, feminism, monstrosity, and music. Among the contemporary films it discusses within a Deleuzian framework are Strange Days, Fight Club, and Dancer in the Dark. (shrink)

Writing for non-specialists and students as well as for fellow philosophers, this book explores some basic issues surrounding sex and love in today's world, among them consent, objectification, nonmonogamy, racial stereotyping, and the need to reconcile contemporary expectations about gender equality with our beliefs about how love works. Author Patricia Marino argues that we cannot fully understand these issues by focusing only on individual desires and choices. Instead, we need to examine the social contexts within which choices are made (...) and acquire their meanings. That perspective, she argues, is especially needed today, when the values of individualism, self-expression, and self-interest permeate our lives. Marino asks how we can fit these values, which govern so many areas of contemporary life, with the generosity, caring, and selflessness we expect in love and sex. Key Features ofPhilosophy of Sex and Love: An opinionated introduction Offers a contemporary, problems-based approach to the subject, helping readers better understand and address current issues and controversial questions Includes coverage of sex and love as they intersect with topics like disability, race, medicine, and economics Considers not only the ethical, but also the broadly social and political dimensions of sex and love Includes a helpful introduction and conclusion in each chapter and is written throughout in a clear and straightforward style, with examples and sign-posts to help guide the student and general reader A comprehensive and up-to-date bibliography provides a valuable tool for anyone's further research P> Offers a contemporary, problems-based approach to the subject, helping readers better understand and address current issues and controversial questions Includes coverage of sex and love as they intersect with topics like disability, race, medicine, and economics Considers not only the ethical, but also the broadly social and political dimensions of sex and love Includes a helpful introduction and conclusion in each chapter and is written throughout in a clear and straightforward style, with examples and sign-posts to help guide the student and general reader A comprehensive and up-to-date bibliography provides a valuable tool for anyone's further research. (shrink)

Posthuman ethics -- Great ephemeral tattooed skin -- Art: inhuman ecstasy -- Animalities: ethics and absolute abolition -- Wonder of Teras -- Mystic queer -- Vitalistic ethics: an end to necrophilosophy -- After life.