According to Hart’s concept of law one of the distinctive characteristics of a legal order is that it is sustainable on the basis of official acceptance alone. Can we go further and say that law is morally risky in the sense that it is endemically liable to become alienated from its subjects? On the basis of Hart’s weak formulation of acceptance there is nothing to suppose that acceptance and (an absence of) alienation are connected. However, on closer inspection, this weak (...) formulation is defective, failing to account for the normative and collective aspect of the law qua social norm. Pursuing a stronger notion of acceptance as a critical reflective attitude does establish a link between acceptance and (an absence of) alienation, but it fails to establish that the legal regime is, by its nature, endemically alienating in a way that a pre-legal regime is not. It does, however, help to explain why any official-centred picture of the legal regime is problematic in terms of accounting for law’s normativity. Whether alienation materializes, it is concluded, depends on the social and political factors that condition our attitude towards the law rather than on the nature of law as such. (shrink)

Despite a long and venerable tradition, the material constitution almost disappeared from constitutional scholarship after the Second World War. Its marginalisation saw the rise of a normative and legalistic style in constitutional law that neglected the role of social reality and political economy. This collection not only retrieves the history and development of the concept of the material constitution, but it tests its theoretical and practical relevance in the contemporary world. With essays from a diverse range of contributors, the collection (...) demonstrates that the material constitution speaks to several pressing issues, from the significance of economic development in constitutional orders to questions of constitutional identity. Offering original analyses supported by international case studies, this book develops a new model of constitutional reality, one that informs our understanding of the world in profound ways. (shrink)

When phylogenetic trees constructed from morphological and molecular evidence disagree (i.e. are incongruent) it has been suggested that the differences are spurious or that the molecular results should be preferred a priori. Comparing trees can increase confidence (congruence), or demonstrate that at least one tree is incorrect (incongruence). Statistical analyses of 181 molecular and 49 morphological trees shows that incongruence is greater between than within the morphological and molecular partitions, and this difference is significant for the molecular partition. Because the (...) level of incongruence between a pair of trees gives a minimum bound on how much error is present in the two trees, our results indicate that the level of error may be underestimated by congruence within partitions. Thus comparisons between morphological and molecular trees are particularly useful for detecting this incongruence (spurious or otherwise). Molecular trees have higher average congruence than morphological trees, but the difference is not significant, and both within- and between-partition incongruence is much lower than expected by chance alone. Our results suggest that both molecular and morphological trees are, in general, useful approximations of a common underlying phylogeny and thus, when molecules and morphology clash, molecular phylogenies should not be considered more reliable a priori. (shrink)

The non-identity problem arises when our actions in the present could change which people will exist in the future, for better or worse. Is it morally better to improve the lives of specific future people, as compared to changing which people exist for the better? Affecting the timing of fetuses being conceived is one case where present actions change the identity of future people. This is relevant to questions of public health policy, as exemplified in some responses to the Zika (...) epidemic. There is philosophical disagreement about the relevance of non-identity: some hold that non-identity is not relevant, while others think that the only morally relevant actions are those that affect specific people. Given this disagreement, we investigated the intuitions about the moral relevance of non-identity within an educated sample of the public, because there was previously little empirical data on the public’s views on the non-identity problem. We performed an online survey with a sample of the educated general public. The survey assessed participants’ preferences between person-affecting and impersonal interventions for Zika, and their views on other non-identity thought experiments, once the non-identity problem had been explained. It aimed to directly measure the importance of non-identity in participants’ moral decision-making. We collected 763 valid responses from the survey. Half of the participants (50%) had a graduate degree, 47% had studied philosophy at a university level, and 20% had read about the non-identity problem before. Most participants favoured person-affecting interventions for Zika over impersonal ones, but the majority claimed that non-identity did not influence their decision (66% of those preferring person-affecting interventions, 95% of those preferring impersonal ones). In one non-identity thought experiment participants were divided, but in another they primarily answered that impersonally reducing the quality of life of future people would be wrong, harmful and blameworthy, even though no specific individuals would be worse off. Non-identity appeared to play a minor role in participants’ moral decision-making. Moreover, participants seem to either misunderstand the non-identity problem, or hold non-counterfactual views of harm that do not define harm as making someone worse off than they would have been otherwise. (shrink)

A particular feature of this book is substantial "Stretch and Challenge" material throughout which allows students to develop further.

When the benefits of surgery do not outweigh the harms or where they do not clearly do so, surgical interventions become morally contested. Cutting to the Core examines a number of such surgeries, including infant male circumcision and cutting the genitals of female children, the separation of conjoined twins, surgical sex assignment of intersex children and the surgical re-assignment of transsexuals, limb and face transplantation, cosmetic surgery, and placebo surgery.

As the COVID-19 pandemic impacts on health service delivery, health providers are modifying care pathways and staffing models in ways that require health professionals to be reallocated to work in critical care settings. Many of the roles that staff are being allocated to in the intensive care unit and emergency department pose additional risks to themselves, and new policies for staff reallocation are causing distress and uncertainty to the professionals concerned. In this paper, we analyse a range of ethical issues (...) associated with changes to staff allocation processes in the face of COVID-19. In line with a dominant view in the medical ethics literature, we claim, first, that no individual health professional has a specific, positive obligation to treat a patient when doing so places that professional at risk of harm, and so there is a clear ethical tension in any reallocation process in this context. Next, we argue that the changing asymmetries of health needs in hospitals means that careful consideration needs to be given to a stepwise process for deallocating staff from their usual duties. We conclude by considering how a justifiable process of reallocating professionals to high-risk clinical roles should be configured once those who are ‘fit for reallocation’ have been identified. We claim that this process needs to attend to three questions that we consider in detail: (1) how the choice to make reallocation decisions is made, (2) what justifiable models for reallocation might look like and (3) what is owed to those who are reallocated. (shrink)

The COVID-19 pandemic crisis has necessitated widespread adaptation of revised treatment regimens for both urgent and routine medical problems in patients with and without COVID-19. Some of these alternative treatments maybe second-best. Treatments that are known to be superior might not be appropriate to deliver during a pandemic when consideration must be given to distributive justice and protection of patients and their medical teams as well the importance given to individual benefit and autonomy. What is required of the doctor discussing (...) these alternative, potentially inferior treatments and seeking consent to proceed? Should doctors share information about unavailable but standard treatment alternatives when seeking consent? There are arguments in defence of non-disclosure; information about unavailable treatments may not aid a patient to weigh up options that are available to them. There might be justified concern about distress for patients who are informed that they are receiving second-best therapies. However, we argue that doctors should tailor information according to the needs of the individual patient. For most patients that will include a nuanced discussion about treatments that would be considered in other times but currently unavailable. That will sometimes be a difficult conversation, and require clinicians to be frank about limited resources and necessary rationing. However, transparency and honesty will usually be the best policy. (shrink)

This paper makes some observations for assessing faith-based social services from a sociological perspective. More specifically, it examines internal factors like the theology of the group and external factors, the political context, for understanding a Pentecostal approach in the USA. Observations are made from the Los Angeles Dream Center, a Pentecostal ministry, which is also a model for other Dream Centers throughout the world. The central argument is twofold: Pentecostals offer a unique holistic approach to mission and second, a sociological (...) approach which takes seriously the theology of a group as well as its social context provides an optic for assessing similarities and differences among faith-based social services. (shrink)

This book assesses how Vatican II opened up the Catholic Church to encounter, dialogue, and engagement with other world religions. Opening with a contribution from the President of the Pontifical Council for Interreligious Dialogue, Cardinal Jean-Louis Tauran, it next explores the impact, relevance, and promise of the Declaration Nostra Aetate before turning to consider how Vatican II in general has influenced interfaith dialogue and the intellectual and comparative study of world religions in the postconciliar decades, as well as the contribution (...) of particular past and present thinkers to the formation of current interreligious and comparative theological methods. Additionally, chapters consider interreligious dialogue vis-à-vis theological anthropology in conciliar documents; openness to the spiritual practices of other faith traditions as a way of encouraging positive interreligious encounter; the role of lay and new ecclesial movements in interreligious dialogue; and the development of Monastic Interreligious Dialogue. Finally, it includes a range of perspectives on the fruits and future of Vatican’s II’s opening to particular faiths such as Judaism, Islam, Hinduism, and Buddhism. (shrink)

The 2016 outbreak of the Zika arbovirus was associated with large numbers of cases of the newly-recognised Congenital Zika Syndrome. This novel teratogenic epidemic raises significant ethical and practical issues. Many of these arise from strategies used to avoid cases of CZS, with contraception in particular being one proposed strategy that is atypical in epidemic control. Using contraception to reduce the burden of CZS has an ethical complication: interventions that impact the timing of conception alter which people will exist in (...) the future. This so-called ‘non-identity problem’ potentially has significant social justice implications for evaluating contraception, that may affect our prioritisation of interventions to tackle Zika. This paper combines ethical analysis of the non-identity problem with empirical data from a novel survey about the general public's moral intuitions. The ethical analysis examines different perspectives on the non-identity problem, and their implications for using contraception in response to Zika. The empirical section reports the results of an online survey of 93 members of the US general public exploring their intuitions about the non-identity problem in the context of the Zika epidemic. Respondents indicated a general preference for a person-affecting intervention over an impersonal intervention. However, their responses did not appear to be strongly influenced by the non-identity problem. Despite its potential philosophical significance, we conclude from both theoretical considerations and analysis of the attitudes of the community that the non-identity problem should not affect how we prioritise contraception relative to other interventions to avoid CZS. (shrink)

Social scientists operate in a range of roles within the public engagement with science and technology agenda. Social scientists’ strengths in respect to “translation” and “intermediary” skills have captured attention at a time of disciplinary pressure to demonstrate impact. This article explores how social scientists’ engaged in public engagement with science and technology consider their role(s), drawing on 21 semistructured interviews and Horst and Michael’s proposals of an emergence model, in addition to ongoing discussions related to expertise. The findings (...) suggest there are many benefits when social scientists engage with “strangers,” both scientific and public, but that focusing only on pragmatic elements misses the true opportunity such working relationships can offer among critical friends. (shrink)

Journal of Applied Philosophy, EarlyView.

Wilkinson (1991) suggests that the problems of polarity decisions and homoplasy in a cladistic analysis may be solved if cladists simply accept plesiomorphy as a reliable indicator of monophyly. Here we argue that: (1) Wilkinson's argument is based on misapprehension of synapomorphy and the problem of homoplasy; (2) His proposed methodology fails to consider the full ramifications of rooting, polarity, and parsimony; and (3) His method does not solve the problems he raises. We demonstrate the limitations of this (...) methodology by using Wilkinson's practical example. We find no justification for the assertion that plesiomorphy may reliably delimit monophyly and recommend against Wilkinson's suggested methodological revisions. (shrink)

The problem with authenticity—the idea of being “true to one’s self”—is that its somewhat checkered reputation garners a complete range of favorable and unfavorable reactions. In educational settings, authenticity is lauded as one of the top two traits students desire in their teachers. Yet, authenticity is criticized for its tendency towards narcissism and self-entitlement. So, is authenticity a good or a bad thing? The purpose of this article is to develop an intimate understanding of authenticity by investigating its current interpretation (...) and criticisms, its struggle with narcissism and relation to freedom. Examining authenticity as multilayered self-exploration reveals a composite of understanding, care, and acceptance. While a side current of acceptable tension shifts our understanding of authenticity from the security of self-determination to the messy interplay involved in being “true to one’s self” and being “in-the-world”. (shrink)

Choice Outstanding Academic Title, 1996. In hundreds of articles by experts from around the world, and in overviews and "road maps" prepared by the editor, The Handbook of Brain Theory and Neural Networkscharts the immense progress made in recent years in many specific areas related to two great questions: How does the brain work? and How can we build intelligent machines? While many books have appeared on limited aspects of one subfield or another of brain theory and neural networks, the (...) Handbookcovers the entire sweep of topics—from detailed models of single neurons, analyses of a wide variety of biological neural networks, and connectionist studies of psychology and language, to mathematical analyses of a variety of abstract neural networks, and technological applications of adaptive, artificial neural networks. The excitement, and the frustration, of these topics is that they span such a broad range of disciplines including mathematics, statistical physics and chemistry, neurology and neurobiology, and computer science and electrical engineering as well as cognitive psychology, artificial intelligence, and philosophy. Thus, much effort has gone into making the Handbookaccessible to readers with varied backgrounds while still providing a clear view of much of the recent, specialized research in specific topics. The heart of the book, part III, comprises of 267 original articles by leaders in the various fields, arranged alphabetically by title. Parts I and II, written by the editor, are designed to help readers orient themselves to this vast range of material. Part I, Background, introduces several basic neural models, explains how the present study of brain theory and neural networks integrates brain theory, artificial intelligence, and cognitive psychology, and provides a tutorial on the concepts essential for understanding neural networks as dynamic, adaptive systems. Part II, Road Maps, provides entry into the many articles of part III through an introductory "Meta-Map" and twenty-three road maps, each of which tours all the Part III articles on the chosen theme. (shrink)

In "Frailty Triage: Is Rationing Intensive Medical Treatment on the Grounds of Frailty Ethical?," Wilkinson (2021) argues that the use of frailty scores in ICU triage does not necessarily involve discrimination on the basis of disability. In support of this argument, he claims, “it is not the disability per se that the score is measuring – rather it is the underlying physiological and physical vulnerability." While we appreciate the attention Wilkinson explicitly pays to disability in this piece, we (...) find the distinction between disability and underlying vulnerability untenable both theoretically and practically. In this peer commentary, we begin with a brief overview of research in philosophy of disability concerning the meaning of the concept itself. We argue that this research demonstrates that many forms of disability do not involve underlying vulnerabilities, and, furthermore, that Wilkinson equivocates between "disability" understood as a medical category vs. "disability" understood as a feature of lived experience. We reject Wilkinson’s distinction on these grounds and offer further considerations to avoid disability discrimination in emergency and crisis standards of care contexts. (shrink)

This book is for those who, like the astronauts, cannot look at this view of our planet without asking "WHY?" The search conducted within these pages is a logical journey into the fields of biology, psychology, physics, parapsychology, yogic science, and Eastern and Western religious philosophies. Are they merely viewing different aspects of the same Truth?

Human need and related concepts such as basic needs have long been part of the implicit conceptual foundation for social work theory, practice, and research. However, while the published literature in social work has long stressed social justice, and has incorporated discussion of human rights, human need has long been both a neglected and contested concept. In recent years, the explicit use of human needs theory has begun to have a significant influence on the literature in social work.

In this book, Michael Arbib, a researcher in artificial intelligence and brain theory, joins forces with Mary Hesse, a philosopher of science, to present an integrated account of how humans 'construct' reality through interaction with the social and physical world around them. The book is a major expansion of the Gifford Lectures delivered by the authors at the University of Edinburgh in the autumn of 1983. The authors reconcile a theory of the individual's construction of reality as a network (...) of schemas 'in the head' with an account of the social construction of language, science, ideology and religion to provide an integrated schema-theoretic view of human knowledge. The authors still find scope for lively debate, particularly in their discussion of free will and of the reality of God. The book integrates an accessible exposition of background information with a cumulative marshalling of evidence to address fundamental questions concerning human action in the world and the nature of ultimate reality. (shrink)

Here, we argue that any neurobiological theory based on an experience/function division cannot be empirically confirmed or falsified and is thus outside the scope of science. A ‘perfect experiment’ illustrates this point, highlighting the unbreachable boundaries of the scientific study of consciousness. We describe a more nuanced notion of cognitive access that captures personal experience without positing the existence of inaccessible conscious states. Finally, we discuss the criteria necessary for forming and testing a falsifiable theory of consciousness.

Bishop and Trout here present a unique and provocative new approach to epistemology. Their approach aims to liberate epistemology from the scholastic debates of standard analytic epistemology, and treat it as a branch of the philosophy of science. The approach is novel in its use of cost-benefit analysis to guide people facing real reasoning problems and in its framework for resolving normative disputes in psychology. Based on empirical data, Bishop and Trout show how people can improve their reasoning by relying (...) on Statistical Prediction Rules. They then develop and articulate the positive core of the book. Their view, Strategic Reliabilism, claims that epistemic excellence consists in the efficient allocation of cognitive resources to reliable reasoning strategies, applied to significant problems. The last third of the book develops the implications of this view for standard analytic epistemology; for resolving normative disputes in psychology; and for offering practical, concrete advice on how this theory can improve real people's reasoning. This is a truly distinctive and controversial work that spans many disciplines and will speak to an unusually diverse group, including people in epistemology, philosophy of science, decision theory, cognitive and clinical psychology, and ethics and public policy. (shrink)

First-ever comprehensive introduction to the major new subject of quantum computing and quantum information.

Michael A PetersBeijing Normal UniversityChatGPT is an AI chatbot released by OpenAI on November 30, 2022 and a ‘stable release’ on February 13, 2023. It belongs to OpenAI’s GPT-3 family (generativ...

Science and philosophy study well-being with different but complementary methods. Marry these methods and a new picture emerges: To have well-being is to be "stuck" in a positive cycle of emotions, attitudes, traits and success. This book unites the scientific and philosophical worldviews into a powerful new theory of well-being.

Arguing that a psychological basis for ethics can be found in human motivation, Rethinking Goodness proposes a naturalistic ethics that transcends the conflict between liberalism and authoritarianism --the conflict between freedom at the price of narcissism and morality at the price of coercion. A third option is offered, an ethic broader than liberalism's pursuit of the personal, that avoids jeopardizing, as do authoritarian positions, the centrality of individual autonomy.

Choice Outstanding Academic Title, 1996. In hundreds of articles by experts from around the world, and in overviews and "road maps" prepared by the editor, The Handbook of Brain Theory and Neural Networks charts the immense progress made in recent years in many specific areas related to great questions: How does the brain work? How can we build intelligent machines? While many books discuss limited aspects of one subfield or another of brain theory and neural networks, the Handbook covers the (...) entire sweep of topics—from detailed models of single neurons, analyses of a wide variety of biological neural networks, and connectionist studies of psychology and language, to mathematical analyses of a variety of abstract neural networks, and technological applications of adaptive, artificial neural networks. Expository material makes the book accessible to readers with varied backgrounds while still offering a clear view of the recent, specialized research on specific topics. (shrink)

After a brief introduction and review of recent literature on microaggressions, a theoretical typology of three sources of social injustice (oppression, dehumanization, and exploitation) contributes to the theorization of the sources of microaggressions. A selected compendium of words and affective phrases generated in classroom exercises illustrates the nature of the experience of the moment of microaggression. Future research on microaggressions as well as evaluation of practice should examine the experience of microaggression, including being subjected to microaggression, initiating such acts, and (...) observing such acts. (shrink)

Social work has long been concerned with the respective roles of the social work profession and the social welfare system in addressing human needs. Social workers engage in needs assessment together with client systems. They provide and advocate for the needs of clients, as well enabling and empowering clients and communities to address their needs. They also advocate for social welfare benefits and services and overall social policies that take human needs into account. However, explicit ethical content was not present (...) in earlier Codes of Ethics of the National Association of Social Workers. Furthermore, until very recently, little published literature in peer-reviewed journals has human needs theories to guide models of social work practice or inform social work research. Universalistic assumptions about human needs have long been found within social work’s literature on human development (see Jani and Reisch 2011, under General Overviews). However, these assumptions were often inexplicit. They did not fully utilize theories of human need, which have long recognized that although human needs may be universal, they are addressed in culturally and environmentally specific manners. Also, in practice, social workers have often conflated human needs with the need for the services or benefits available at any one time. This bibliography will explore the history and evolution of the interdisciplinary body of human needs theory and research on which social work has drawn historically, with special attention to the recent surge in interest in human needs theories. In doing so, the entry will discuss a number of key debates that have arisen regarding needs, including whether they are universal or specific to particular cultures; what the relationship is between human needs, human rights, and social justice; and how to reconcile theories of human needs and of human capabilities. (shrink)

Viral modernity is a concept based upon the nature of viruses, the ancient and critical role they play in evolution and culture, and the basic application to understanding the role of information and forms of bioinformation in the social world. The concept draws a close association between viral biology on the one hand, and information science on the other – it is an illustration and prime example of bioinformationalism that brings together two of the most powerful forces that now drive (...) cultural evolution. The concept of viral modernity applies to viral technologies, codes and ecosystems in information, publishing, education and emerging knowledge systems. This paper traces the relationship between epidemics, quarantine, and public health management and outlines elements of viral-digital philosophy based on the fusion of living and technological systems. We discuss Covid-19 as a ‘bioinformationalist’ response that represents historically unprecedented level of sharing information from the sequencing of the genome to testing for a vaccination. Finally, we look at the US response to Covid-19 through the lens of infodemics and post-truth. The paper is followed by three open reviews, which further refine its conclusions as they relate to philosophy and the notion of the virus as Pharmakon. (shrink)

Michael Peters, Sonja Arndt & Marek TesarThis is a collective writing experiment of PESA members, including its Executive Committee, asking questions of the Philosophy of Education in a New Key. Co...

It's not always the person who is right who wins the arguments, more often it's the person who argues best. Gilbert's practical, clever guide--which also serves as a text for his popular seminars on the art of arguing--shows readers how to hone their polemical skills, and how to counter the verbal weapons that may be in an opponent's arsenal.

Martin Heidegger is, perhaps, the most controversial philosopher of the twentieth-century. Little has been written on him or about his work and its significance for educational thought. This unique collection by a group of international scholars reexamines Heidegger's work and its legacy for educational thought.

If a brain is uploaded into a computer, will consciousness continue in digital form or will it end forever when the brain is destroyed? Philosophers have long debated such dilemmas and classify them as questions about personal identity. There are currently three main theories of personal identity: biological, psychological, and closest continuer theories. None of these theories can successfully address the questions posed by the possibility of uploading. I will argue that uploading requires us to adopt a new theory of (...) identity, psychological branching identity. Psychological branching identity states that consciousness will continue as long as there is continuity in psychological structure. What differentiates this from psychological identity is that it allows identity to continue in multiple selves. According to branching identity, continuity of consciousness will continue in both the original brain and the upload after nondestructive uploading. Branching identity can also resolve long standing questions about split-brain syndrome and can provide clear predictions about identity in even the most difficult cases imagined by philosophers. (shrink)

Open Peer Review: Educational Philosophy and Theory (EPAT)Michael A. Peters, Beijing Normal University, PR ChinaIn 2016 EPAT started experimenting with open peer review for articles that were part...

This article is concerned with developing a philosophical approach to a number of significant changes to academic publishing, and specifically the global journal knowledge system wrought by a range of new digital technologies that herald the third age of the journal as an electronic, interactive and mixed-media form of scientific communication. The paper emerges from an Editors' Collective, a small New Zealand-based organisation comprised of editors and reviewers of academic journals mostly in the fields of education and philosophy. The paper (...) is the result of a collective writing process. (shrink)

A new, dramatically updated edition of the classic resource on the constantly evolving fields of brain theory and neural networks.

With an up-to-date synopsis, review, and critique of his writings, this book demonstrates Derrida's almost singular power to reconceptualize and reimagine the ...

This paper, based on an invited Thesis Eleven presentation, provides a ‘map of technopolitics’ that springs from an investigation of the theoretical notion of technological convergence adopted by the US National Science Foundation, signaling a new paradigm of ‘nano-bio-info-cogno’ technologies. This integration at the nano-level is expected to drive the next wave of scientific research, technology and knowledge economy. The paper explores the concept of ‘technopolitics’ by investigating the links between Wittgenstein’s anti-scientism and Lyotard’s ‘technoscience’, reviewing the history of the (...) notion in the work of the Belgium philosopher Gilbert Hottois. The ‘deep convergence’ representing a new technoscientific synergy is the product of long-term trends of ‘bioinformational capitalism’ that harnesses the twin forces of information and genetic sciences that coalesce in the least mature ‘cognosciences’ in their application to education and research. The map of technopolitics systematically identifies the political relations between Big Tech and ‘new digital publics’ to reveal that the new paradigm is based on the supreme value of cognitive efficiency. There are a closely-knit cluster of concerns that frame a map of political issues about the fifth-generation technological impacts on human beings, their bodies and minds, and public institutions, not least the logic of the distribution and ownership of data, information and knowledge, and its effects on democracy. (shrink)