This book presents papers that deal with Hans Kelsen's legal philosophy, and includes contributions from Hedley Bull, J.W. Harris, Phillip Pettit, Joseph Raz, Jes Bjarup, and Stanley L. Paulson.

This book concludes by considering whether growing counter calls to reduce our consumption of meat/dairy products in the face of climate change threats are in ...

In the sociology of the body, the analysis of physiognomy is a neglected topic. The idea that one can judge the character of another from their facial or bodily characteristics is a pervasive phenomenon. However, its historical and cultural spread does not entail that we inevitably tie it to notions of human essence. This study focuses upon a particular periodic resurgence of physiognomic discourse in the West, at the end of the 18th and the entirety of the 19th century. In (...) contrast to previous arguments, I argue that physiognomic discourse was able to exploit 19th-century phrenology as a conduit for its own perpetuation. I point out that the perception of the other that physiognomy promotes is largely based upon an atemporal view of the body. I suggest that this physiognomic perception remains an entrenched but changeable component in contemporary relations between self and other. (shrink)

This paper seeks to respond to some of the recent criticisms directed toward bioethics by offering a contribution to a “critical bioethics”. Here this concept is principally defined in terms of the three features of interdisciplinarity, self-reflexivity and the avoidance of uncritical complicity. In a partial reclamation of the ideas of V.R. Potter, it is argued that a critical bioethics requires a meaningful challenge to culture/nature dualism, expressed in bioethics as the distinction between medical ethics and ecological ethics. Such a (...) contesting of the “bio” in bioethics arrests its ethical bracketing of environmental and animal ethics. Taken together, the triadic definition of a critical bioethics offered here provides a potential framework with which to fend off critiques of commercial capture or of being “too close to science” commonly directed toward bioethics. (shrink)

: This paper argues that ecofeminism can consolidate its tradition of elucidating the interconnections between different oppressions by expanding upon its philosophy of the body. By looking at the ways in which particular bodies become 'marked', and so devalued, ecofeminism can point towards various unexpected and creative coalitions. Here I concentrate especially upon two intertwined sets of markings, namely those related to aesthetic discourses and those related to discourses of Western reason. I argue that both of these ultimately revolve around (...) notions of control of the body as being constitutive of Western ideas of human identity. Moreover, I want to affirm that those ideas which encourage us to devalue certain bodies stem from discourses related to nature and animality. Through considering how ecofeminism might re-think embodiment, I argue for an alternative conception which stresses the inherent vulnerability and agency of human embodiment. (shrink)

This paper argues that ecofeminism can consolidate its tradition of elucidating the interconnections between different oppressions by expanding upon its philosophy of the body. By looking at the ways in which particular bodies become 'marked', and so devalued, ecofeminism can point towards various unexpected and creative coalitions. Here I concentrate especially upon two intertwined sets of markings, namely those related to aesthetic discourses and those related to discourses of Western reason. I argue that both of these ultimately revolve around notions (...) of control of the body as being constitutive of Western ideas of human identity. Moreover, I want to affirm that those ideas which encourage us to devalue certain bodies stem from discourses related to nature and animality. Through considering how ecofeminism might re-think embodiment, I argue for an alternative conception which stresses the inherent vulnerability and agency of human embodiment. (shrink)

How may emergent biotechnologies impact upon our relations with other animals? To what extent are any changes indicative of new relations between society and nature? This paper critically explores which sociological tools can contribute to an understanding of the technologisation of animal bodies. By drawing upon interview data with animal scientists I argue that such technologies are being partly shaped by broader changes in agriculture. The complexity of genomics trajectories in animal science is partly fashioned through the deligitimisation of the (...) productivist paradigm but continue to sit in tension around particular conceptions of sustainability in farm animal production.In spite of this deligitimisation process genomics is now being framed in the context of a new productivism (termed the livestock revolution) bound up in projected global changes in animal consumption during the first half of the 21st century. This potentially jars against both social trends that seek to re-enchant animal life and sustainability discourses which include social and environmental contexts. Nevertheless the possibility of a new productivism is supported by various interconnected trends including the emergence of a discourse of the 'bioeconomy' and a liberal regulatory apparatus for farm animal breeding technologies. Ultimately an understanding of the possibility of emerging new bio-capitalisations on animal life should be set in a broader context of competing agricultural paradigms as well as ongoing tensions over 'naturalness' in human/animal relations. (shrink)

Drawing upon a concept of ‘critical bioethics’ [7] this paper takes a species-broad approach to the social and ethical aspects of enhancement. Critical Bioethics aims to foreground interdisciplinarity, socio-political dimensions, as well as reflexivity to what becomes bioethical subject matter. This paper focuses upon the latter component and uses the example of animal enhancement as a way to think about both enhancement generally, and bioethics. It constructs several arguments for including animal enhancement as a part of enhancement debates, and considers (...) some connections between human and animal enhancement. The paper concludes in a plea for an ‘enhancement’ to our critical abilities to examine some of the underlying social, moral and ethical assumptions bound up in varied anticipated ‘enhanced’ futures. (shrink)

In this paper I revisit previous critiques that I have made of much, though by no means all, bioethical discourse. These pertain to faithfulness to dualistic ontology, a taken-for-granted normative anthropocentrism, and the exclusion of a consideration of how political economy shapes the conditions for bioethical discourse (Twine Medicine, Health Care and Philosophy 8(3):285-295, 2005; International Journal of Sociology of Agriculture and Food 16(3):1-18, 2007, 2010). Part of my argument around bioethical dualist ontology is to critique the assumption of (...) a division between the “medical” (human) and “agricultural” (nonhuman) and to show various ways in which they are interrelated. I deepen this analysis with a focus on transnational pharmaceutical companies, with specific attention to their role in enhancing agricultural production through animal drug administration. I employ the topical case of antibiotics in order to speak to current debates in not only the interdisciplinary field of bioethics but also that of animal studies. More generally, the animal-industrial complex (Twine Journal for Critical Animal Studies 10(1):12-39, 2012) is underlined as a highly relevant bioethical object that deserves more conceptual and empirical attention. (shrink)

This essay examines the use of fictions in the reasoning of the House of Lords and United Kingdom Supreme Court in the context of two recent lines of authority on English tort law. First, the essay explores the relevance of counter-factual scenarios to liability in the tort of false imprisonment, in the light of the Supreme Court decisions in Lumba and Kambadzi. The second series of decisions is on causation in negligence claims arising from asbestos exposure. These cases have revealed (...) fundamental, ongoing judicial disagreement about the nature and extent of the exceptions made to general principles. The cases are also shown to lend force to Del Mar’s argument about the diachronicity of legal fictions. Overall, it is argued that such fictions play an important role in common law reasoning. (shrink)

This classic, provocative introduction to classical metaphysical questions focuses on appreciating the problems, rather than attempting to proffer answers.

In this volume Rorty offers a Deweyan account of objectivity as intersubjectivity, one that drops claims about universal validity and instead focuses on utility for the purposes of a community. The sense in which the natural sciences are exemplary for inquiry is explicated in terms of the moral virtues of scientific communities rather than in terms of a special scientific method. The volume concludes with reflections on the relation of social democratic politics to philosophy.

... or political office or scientific research tends to think everything small which does not visibly contribute to money-getting, or political influence, ...

Richard Swinburne offers an original treatment of a question at the heart of epistemology: what makes a belief rational, or justified in holding? He maps the rival accounts of philosophers on epistemic justification ("internalist" and "externalist"), arguing that they are really accounts of different concepts. He distinguishes between synchronic justification (justification at a time) and diachronic justification (synchronic justification resulting from adequate investigation)--both internalist and externalist. He also argues that most kinds of justification are worth having because they are (...) indicative of truth; however, it is only justification of internalist kinds that can guide a believer's actions. Swinburne goes on to show the usefulness of the probability calculus in elucidating how empirical evidence makes beliefs probably true. (shrink)

This paper explores some aspects of the relation between different ways of achieving a consensus on the judgemental values of a group of indviduals; in particular, aggregation and deliberation. We argue firstly that the framing of an aggregation problem itself generates information that individuals are rationally obliged to take into account. And secondly that outputs of the deliberative process that this initiates is in tension with constraints on consensual values typically imposed by aggregation theory, at least when deliberation is modelled (...) as process of learning from others compatible with Bayesian updating principles. (shrink)

Atheism is a familiar kind of skepticism about religion. Moral error theory is an analogous kind of skepticism about morality, though less well known outside academic circles. Both kinds of skeptic face a "what next?" question: If we have decided that the subject matter (religion/morality) is mistaken, then what should we do with this way of talking and thinking? The natural assumption is that we should abolish the mistaken topic, just as we previously eliminated talk of, say, bodily humors and (...) unicorns. The fictionalist, however, offers a less obvious recommendation. According to the fictionalist, engaging in the topic in question provides pragmatic benefits that do not depend on its truth-in a way roughly analogous to engaging with a novel or a movie. The religious fictionalist maintains that even if we were atheists, we should carry on talking, thinking, and acting as if religion were true. The moral fictionalist maintains a similar view regarding moral talk, thought, and action. Both forms of fictionalism face serious challenges. Some challenges can be levelled at either form of fictionalism (or at any form of fictionalism), whereas others are problems unique to moral fictionalism or to religious fictionalism. There are important questions to be asked about the relationship between these two kinds of fictionalism. Could moral fictionalism be plausible even if religious fictionalism is not (or vice versa)? This is a volume of thirteen previously unpublished papers on the topics of religious fictionalism, moral fictionalism, and the relation between these views. (shrink)

This book brings together twenty articles giving a comprehensive view of the work of the Aristotelian commentators.... The importance of the commentators is partly that they represent the thought and classroom teaching of the Aristotelian and Neoplatonist schools and partly that they provide a panorama of a thousand years of anicient Greek philosophy, revealing many original quotations from lost works. Even more significant is the profound influence... that they exert on later philosophy, Islamic and Western. Not only did they preserve (...) anti-Aristotelian marterial which helped inspire Medieval and Renaissance science, but they presented Aristotle in a form that made him acceptable to the Christian Church. It is not Aristotle, but Aristotle transformed and embedded in the philosophy of the commentators, that so often lies behind the views of later thinkers. --From book jacket. (shrink)

In his final work, Richard Rorty provides the definitive statement of his political thought. Rorty equates pragmatism with anti-authoritarianism, arguing that because there is no authority we can rely on to ascertain truth, we can only do so intersubjectively. It follows that we must learn to think and care about what others think and care about.

Richard Swinburne presents a powerful new case for substance dualism and for libertarian free will. He argues that pure mental events are distinct from physical events and interact with them, and claims that no result from neuroscience or any other science could show that interaction does not take place. Swinburne goes on to argue for agent causation, and claims that it is we, and not our intentions, that cause our brain events. It is metaphysically possible that each of us (...) could acquire a new brain or continue to exist without a brain; and so we are essentially souls. Brain events and conscious events are so different from each other that it would not be possible to establish a scientific theory which would predict what each of us would do in situations of moral conflict. Hence, we should believe that things are as they seem to be: that we make choices independently of the causes which influence us. It follows that we are morally responsible for our actions. (shrink)

New to English law? Need to know how rules are made, interpreted and applied? This popular and well-established textbook will show you how. It simplifies legal method by combining examples with an account of rules in general: the who, what, why and how of interpretation. Starting with standpoint and context, it identifies factors that give rise to doubts about the interpretation of a rule and recommends a systematic approach to analysing those factors. Questions and exercises integrated in the text and (...) on the accompanying website will help you to develop skills in reading, interpreting and arguing about legal and other rules. The text is fully updated on developments in the legislative process and the judicial interpretation of statutes and precedent. It includes a new chapter on 'The European Dimension' reflecting the changes brought about by the Human Rights Act 1998. (shrink)

Philosophy and literature enjoy a close, complex relationship. Elucidating the connections between these two fields, this book examines the ways philosophy deploys literary means to advance its practice, particularly as a way of life that extends beyond literary forms and words into physical deeds, nonlinguistic expression, and subjective moods and feelings.

_Heidegger_ is a classic introduction to Heidegger's notoriously difficult work. Truly accessible, it combines clarity of exposition with an authoritative handling of the subject-matter. Richard Polt has written a work that will become the standard text for students looking to understand one of the century's greatest minds.

How do technically-skilled women negotiate the male-dominated environments of technology firms? This article draws upon interviews with female programmers, technical writers, and engineers of diverse racial backgrounds and sexual orientations employed in the San Francisco tech industry. Using intersectional analysis, this study finds that racially dominant women, who identified as LGBTQ and presented as gender-fluid, reported a greater sense of belonging in their workplace. They are perceived as more competent by male colleagues and avoided microaggressions that were routine among conventionally (...) feminine, heterosexual women. We argue that a spectrum of belonging operates in these occupational spaces dominated by men. Although white and Asian women successfully navigated workplace hostilities by distancing themselves from conventional heterosexual femininity, this strategy reinforces inequality regimes that privilege male workers. These findings provide significant theoretical insights about how race, sexuality, and gender interact to reproduce structural inequalities in the new economy. (shrink)

The sixteen essays in this volume confront the current debate about the relationship between philosophy and its history. On the one hand intellectual historians commonly accuse philosophers of writing bad - anachronistic - history of philosophy, and on the other, philosophers have accused intellectual historians of writing bad - antiquarian - history of philosophy. The essays here address this controversy and ask what purpose the history of philosophy should serve. Part I contains more purely theoretical and methodological discussion, of such (...) questions as whether there are 'timeless' philosophical problems, whether the issues of one epoch are commensurable with those of another, and what style is appropriate to the historiography of the subject. The essays in Part II consider a number of case-histories. They present important revisionist scholarship and original contributions on topics drawn from ancient, early modern and more recent philosophy. All the essays have been specially commissioned, and the contributors include many of the leading figures in the field. The volume as a whole will be of vital interest to everyone concerned with the study of philosophy and of its history. (shrink)

Richard Kilvington (ca. 1302-1361) was one of the most original and influential thinkers among the Oxford Calculators. His impact on late medieval philosophy and theology remains unquestionable. His physical, logical, and ethical solutions were extensively debated and referred to, paving the way for new approaches in philosophy and theology. This volume presents a critical edition of question 4 from Kilvington's Quaestiones super libros Sententiarum, complete with an introduction to the edition and a guide to Kilvington's theological concepts.

The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. (...) Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and new chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject. (shrink)

This Element, written for researchers and students in philosophy and the behavioral sciences, reviews and critically assesses extant work on number concepts in developmental psychology and cognitive science. It has four main aims. First, it characterizes the core commitments of mainstream number cognition research, including the commitment to representationalism, the hypothesis that there exist certain number-specific cognitive systems, and the key milestones in the development of number cognition. Second, it provides a taxonomy of influential views within mainstream number cognition research, (...) along with the central challenges these views face. Third, it identifies and critically assesses a series of core philosophical assumptions often adopted by number cognition researchers. Finally, the Element articulates and defends a novel version of pluralism about number concepts. (shrink)

Disagreement is common: even informed, intelligent, and generally reasonable people often come to different conclusions when confronted with what seems to be the same evidence. Can the competing conclusions be reasonable? If not, what can we reasonably think about the situation? This volume examines the epistemology of disagreement. Philosophical questions about disagreement arise in various areas, notably politics, ethics, aesthetics, and the philosophy of religion: but this will be the first book focusing on the general epistemic issues arising from informed (...) disagreement. Ten leading philosophers offer specially written essays which together will offer a starting-point for future work on this topic. (shrink)

Our existence is increasingly lived at a distance. As we move from flesh to image, we are in danger of losing touch with each other and ourselves. How can we combine the physical with the virtual, our embodied experience with our global connectivity? How can we come back to our senses? Richard Kearney offers a timely call for the cultivation of the basic human need to touch and be touched. He argues that touch is our most primordial sense, foundational (...) to our individual and common selves. Kearney explores the role of touch, from ancient wisdom traditions to modern therapies. He demonstrates that a fundamental aspect of touch is interdependence, its inherently reciprocal nature, which offers a crucial corrective to our fixation with control. Making the case for the complementarity of touch and technology, this book is a passionate plea to recover a tangible sense of community and the joys of life with others. (shrink)

Richard Kilvington s commentary on Aristotle s Nicomachean Ethics (14th century) offers a unique perspective of argumentation by applying concepts and terminology from the fields of logic and physics to ethical dilemmas.".

The assent of man, Michael Berube -- Getting rid of the appearance-reality distinction -- Universalist grandeur and analytic philosophy -- Romanticism, narrative philosophy, and human finitude.

The Rationalist Tradition of evidence scholarship1 The history of the law of evidence is the history of a series of largely isolated responses to particular ...

Few philosophers have been as widely misunderstood as Nietzsche. His detractors and followers alike have often fundamentally misinterpreted him, distorting his views and intentions and criticizing or celebrating him for reasons removed from the views he actually held. Now __Nietzsche__ assesses his place in European thought, concentrating upon his writings in the last decade of his productive life.