This book offers an advanced introduction to central questions in legal philosophy. What factors determine the content of the law in force? What makes a normative system a legal system? How does law beyond the state differ from domestic law? What kind of moral force does law have? The most important existing views are introduced, but the aim is not to survey the existing literature. Rather, this book introduces the subject by stepping back from the fray to sketch the big (...) picture, to show just what is at stake in these old debates. Legal philosophy has become somewhat arid and inward looking. In part this is because the disagreement between the main camps on the important questions is apparently intractable. The main aim of the book is to suggest both a diagnosis and a proper practical response to this situation of intractable disagreement about questions that do matter. (shrink)

Is there a limit to the legitimate demands of morality? In particular, is there a limit to people's responsibility to promote the well-being of others, either directly or via social institutions? Utilitarianism admits no such limit, and is for that reason often said to be an unacceptably demanding moral and political view. In this original new study, Murphy argues that the charge of excessive demands amounts to little more than an affirmation of the status quo. The real problem with (...) utilitarianism is that it makes unfair demands on people who comply with it in our world of nonideal compliance. Murphy shows that this unfairness does not arise on a collective understanding of our responsibility for others' well being. Thus, according to Murphy, while there is no general problem to be raised about the extent of moral demands, there is a pressing need to acknowledge the collective nature of the demands of beneficence. (shrink)

In the first sentence of the first section of A Theory of Justice Rawls writes that “justice is the first virtue of social institutions.” He soon elaborates.

In a capitalist economy, taxes are the most important instrument by which the political system puts into practice a conception of economic and distributive justice. Taxes arouse strong passions, fueled not only by conflicts of economic self-interest, but by conflicting ideas of fairness. Taking as a guiding principle the conventional nature of private property, Murphy and Nagel show how taxes can only be evaluated as part of the overall system of property rights that they help to create. Justice or (...) injustice in taxation, they argue, can only mean justice or injustice in the system of property rights and entitlements that result from a particular regime. Taking up ethical issues about individual liberty, interpersonal obligation, and both collective and personal responsibility, Murphy and Nagel force us to reconsider how our tax policy shapes our system of property rights. (shrink)

Principles of bcnciiccnce require us to promote the good. If we believe that a plausible mom] conception will contain some such principle, we must address the issue of the demands it imposes on agents. Some writers have defended extremely demanding principles, while others have argued that only principles with limited demands are acceptable. In this paper I su ggest that we 100k at the demands 0f beneficencc in a different way; 0ur concern should not just be with the extent of (...) the demands faced by individual agents. Instead, we should consider how the demands imposed Ol'] an agent by a principle of beneiiccncc are affected by the level of compliance with the principle by others. Act—[email protected], for example, in effect requires each complying agent to shoulder her share of the demands of bcncficcnce plus as many of the shares of noncomplying agents as would be optimal. I suggest that we focus OH this feature ofconsequentialism, and not just on the very high demands it can impose Ol'] individual agents. Thus I defend the View that principles of beneiicence should not demand more of agents as expected compliance by othcr agents decreases, and formulate a principle of bencficcnce that meets this condition. This View about beneiicence and compliance is supported by a particular conception 0f beneiiccnce. Rather than as an aim we each have as individuals, benciicence could be understood as a cooperative project, where each of us aims to promote the good together with others. If s0, it would be natural t.. (shrink)

This paper argues that the disagreement between positivists and nonpositivists about law is substantive rather than merely verbal, but that the depth and persistence of the disagreement about law, unlike for the case of morality, threatens skepticism about law. The range of considerations that can be brought to bear to help resolve moral disagreements is broader than is the case for law, thus improving the prospects of reconciliation in morality. But the central argument of the paper is that law, unlike (...) morality, is a concept-dependent social kind, in the sense that law cannot exist in a society without someone in that society having the concept of law. Since the existence of the social kind law is largely dependent on the existence of the corresponding concept, when different actors have different concepts, they can end up creating different kinds. Hence, the difference between positivists and nonpositivists is not just a conceptual one but is capable of giving rise to different legal norms. (shrink)

This comprehensive anthology offers over 40 readings that are critical to the understanding of anthropological theory and the development of anthropology as an academic discipline. The fourth edition maintains a strong focus on the "four-field" roots of the discipline in North America but has been reorganized with a new section on twenty-first-century theory, including coverage of postcolonial and public anthropology. New key terms and introductions accompany each reading and a revamped glossary makes the book more student-friendly. Used on its own, (...) or together with the overview text A History of Anthropological Theory, Fourth Edition, this anthology offers a flexible and unrivaled introduction to anthropological theory that reflects not only the history but also the changing nature of the discipline today. For additional resources, visit the "Teaching Theory" page at www.utpteachingculture.com. (shrink)

A contract theory is an attempt both to make normative sense of contract law as an institutional type and to come up with criteria for the evaluation of the law of any particular place. There is no precise rule telling us how far the prescriptions of a theory can deviate from actually existing contract law and still be a theory of contract — rather than a political proposal to replace contract law with something else. But we can say roughly that (...) contract theory aims to provide normative foundations for the type of legal institution that enforces (some) agreements and unilateral commitments. Having provided an account of the point of having an institution of that general kind, the theory can then be used to evaluate existing examples. (shrink)

Self-Governance and Cooperation offers solutions to two fundamental problems in moral philosophy, one concerning the nature and requirements of morality and the other the nature and requirements of practical reason. Robert Myers’s achievement is not just that his solutions are original and plausible, but that his arguments acknowledge and demonstrate the need to approach the problems as an inseparable pair. Philosophical tradition tells us that questions about the content of morality cannot be answered in isolation from questions about its rational (...) force, and that, even more so, questions about the place of morality in practical reason cannot be answered without taking a stand on contested questions of substantive ethics. Myers’s book is a welcome counterforce to a tendency in contemporary moral philosophy to artificially subdivide the subject. (shrink)

Self-Governance and Cooperation offers solutions to two fundamental problems in moral philosophy, one concerning the nature and requirements of morality and the other the nature and requirements of practical reason. Robert Myers’s achievement is not just that his solutions are original and plausible, but that his arguments acknowledge and demonstrate the need to approach the problems as an inseparable pair. Philosophical tradition tells us that questions about the content of morality cannot be answered in isolation from questions about its rational (...) force, and that, even more so, questions about the place of morality in practical reason cannot be answered without taking a stand on contested questions of substantive ethics. Myers’s book is a welcome counterforce to a tendency in contemporary moral philosophy to artificially subdivide the subject. (shrink)

How much must a given individual benefit others, apart from any obligation to do so because of prior acts, special relationships, or self-regard? In short, to what extent is a person morally required to promote the well-being of strangers?

This paper critically discusses three studies about the question of how much morality may demand of moral agents. These studies may together constitute the most prominent literature about this question to emerge in recent years. In reverse order, they are: Garrett Cullity’s The Moral Demands of Affluence , Tim Mulgan’s The Demands of Consequentialism , and Liam Murphy’s Moral Demands in Nonideal Theory . The paper’s first part very briefly presents the position that these studies defend, and in (...) addition it is argued that all three studies risk denying, for unconvincing reasons, an intuitively very plausible statement, namely that moral agents morally ought to do great good whenever they can do so at little cost to themselves. The second part of the paper then considers the critical position that the three mentioned books take towards an ‘appeal to cost to the moral agent’. Such an appeal, the details of which will be discussed in the paper, has often been prominent in arguments for limiting the demands made on moral agents. I argue that the doubts that the threestudies have about this appeal, are unwarranted. (shrink)

This chapter begins by sketching an account of morally responsible agency and the general conditions under which it may fail. We discuss how far individuals with psychiatric diagnoses may be exempt from morally responsible agency in the way that infants are, with examples drawn from a sample of diagnoses intended to make dierent issues salient. We further discuss a recent proposal that clinicians may hold patients responsible without blaming them for their acts. We also consider cognitively impaired subjects in the (...) light of related issues in moral and political theory, asking whether they have been unjustly excluded from liberal conceptions of political community due to their presumed lack of agency. (shrink)

Historically left to the margins, the topics of imagination and creativity have gained prominence in philosophy of science, challenging the once dominant distinction between ‘context of discovery’ and ‘context of justification’. The aim of this chapter is to explore imagination and creativity starting from issues within contemporary philosophy of science, making connections to these topics in other domains along the way. It discusses the recent literature on the role of imagination in models and thought experiments, and their comparison with fictions. (...) It then turns to the importance of constraints on imaginings in the scientific domain, as well as whether constraints can hinder creativity. The second part of the paper focuses on the social dimensions of science. It considers imagination and creativity of scientific communities, asks whether the institution of science promotes creativity (and whether we want it to) or if it encourages conservativeness, and ends with a reflection on the politics of imagination and creativity in science. (shrink)

The goal of human life, according to Plato, Aristotle, and the Bible, is to become as much like god as possible. This book, written in vivid and lucid English, illuminates Greek philosophy by showing how it grows out of ancient Greek religion and how it compares to biblical religion.

PTEN‐induced kinase 1 (PINK1) is a Parkinson's disease gene that acts as a sensor for mitochondrial damage. Its best understood role involves phosphorylating ubiquitin and the E3 ligase Parkin (PRKN) to trigger a ubiquitylation cascade that results in selective clearance of damaged mitochondria through mitophagy. Here we focus on other physiological roles of PINK1. Some of these also lie upstream of Parkin but others represent autonomous functions, for which alternative substrates have been identified. We argue that PINK1 orchestrates a multi‐arm (...) response to mitochondrial damage that impacts on mitochondrial architecture and biogenesis, calcium handling, transcription and translation. We further discuss a role for PINK1 in immune signalling co‐ordinated at mitochondria and consider the significance of a freely diffusible cleavage product, that is constitutively generated and degraded under basal conditions. (shrink)

AI-developers face a challenge when seeking to use models that aim to be culturally sensitive. While we agree that culture is an emergent reality, there is always the risk of creating algorithms that treat culture as objective to account for various facets of the social realm. As a result, culture becomes prepackaged and autonomous. Nonetheless, culture is not only emergent but dialogically and socially invented. In this article, the point is to advance the discussion about culture by addressing a crucial (...) philosophical issue and proposing some practical themes on how to avoid culturalism in AI development. (shrink)

I analyse the political, economic, and cultural circumstances that have given rise to persistent political disputes about race (known colloquially as “the culture war”) among a subset of Americans. I argue that they point to a deep tension between widely held normative aspirations and pervasive and readily observable material facts about our society. The characterological pathologies this gives rise to are discussed, and a normatively preferable path forward for an individual attempting to reconcile themselves to the current social order is (...) suggested. (shrink)

Examines how violence has been conceptually and rhetorically put to use in continental social theory.

_Examines how violence has been conceptually and rhetorically put to use in continental social theory._.

This article is a précis of Mark C. Murphy’s _Divine Holiness and Divine Action_ (Oxford University Press, 2021), which offers an account of God’s holiness and of the difference this view of God’s holiness should make to our understanding of divine action.

This chapter sketches a literary history of writing the colonial interregnum through the comparison of a canonical Dublin text and its filmic adaptation with a canonical Johannesburg text and its filmic adaptation. Njabulo Ndebele’s short story ‘Fools’ (1983) repurposes formal elements from Joyce’s ‘The Dead’ (1914), transposing strategies for representing late colonial Dublin to a Johannesburg township during the height of apartheid in a context of extreme racial domination; beginning with close comparative readings of both stories, my chapter argues that (...) the context in which ‘Fools’ emerges determines the significance of its reappropriation of Joycean formal devices and simultaneously forces a re-reading of Joyce’s flirtation with bourgeois naturalism in ‘The Dead.’ Further, the respective publishing contexts of ‘Fools’ and ‘The Dead’ go on to determine their reception and recirculation, as demonstrated by the diverse histories of the American John Huston’s adaptation of ‘The Dead’ (1984), and Ramadan Suleman’s South African adaptation of ‘Fools’ (1997). In following this circumatlantic history of influence and adaptation from Joyce to Ndebele to Huston to Suleman, across hemispheres and media, I mean to articulate a relationship between modernist form and forms of modernity, particularly as those forms that appear and reappear in the global south over the course of the long twentieth century. Particular attention is paid here to the history of underdevelopment in the global south and how it impinges upon the production and circulation of literary adaptations. (shrink)

_Stranger Cities_ explores the nature of Australia’s distinctive urban civilization with its portal ontology, axial metaphysics, ambidextrous style of thinking, architectonic spirit, and happy phlegmatic outlook. This classic ethos is offset by various choleric and melancholic strands of Australian romanticism.

Objective: To examine the role of explainability in machine learning for healthcare (MLHC), and its necessity and significance with respect to effective and ethical MLHC application. Study Design and Setting: This commentary engages with the growing and dynamic corpus of literature on the use of MLHC and artificial intelligence (AI) in medicine, which provide the context for a focused narrative review of arguments presented in favour of and opposition to explainability in MLHC. Results: We find that concerns regarding explainability are (...) not limited to MLHC, but rather extend to numerous well-validated treatment interventions as well as to human clinical judgment itself. We examine the role of evidence-based medicine in evaluating unexplainable treatments and technologies, and highlight the analogy between the concept of explainability in MLHC and the related concept of mechanistic reasoning in evidence-based medicine. Conclusion: Ultimately, we conclude that the value of explainability in MLHC is not intrinsic, but is instead instrumental to achieving greater imperatives such as performance and trust. We caution against the uncompromising pursuit of explainability, and advocate instead for the development of robust empirical methods to successfully evaluate increasingly inexplicable algorithmic systems. (shrink)

Liam Shields systematically clarifies and defends the political philosophy of Sufficientarianism, which insists that securing enough of some things, such as food, healthcare and education, is a crucial demand of justice. By engaging in practical debates about critical issues such as child-rearing and global justice, the author sheds light on the potential implications of suffientarianism on the social policies that affect our daily lives.

Principles of sufficiency are widely discussed in debates about distributive ethics. However, critics have argued that sufficiency principles are vulnerable to important objections. This paper seeks to clarify the main claims of sufficiency principles and to examine whether they have something distinctive and plausible to offer. The paper argues that sufficiency principles must claim that we have weighty reasons to secure enough and that once enough is secured the nature of our reasons to secure further benefits shifts. Having characterized sufficientarianism (...) in this way, the paper shows that the main objections to the view can be avoided; that we can examine the plausibility of sufficiency principles by appealing to certain reasons that support a shift; and that we should be optimistic about the prospects for sufficientarianism because many of our strongest reasons seem to be of this sort. This shift, I claim, is the overlooked grain of truth in sufficientarianism. (shrink)

A leading critic of the disruptive force of technology in education, Bernard Stiegler saw the counter-effects of artificial intelligence in undermining human agency, autonomy and individuality, rendering the role of education ever more critical. Stiegler believes that our goal is not to abandon technology but to focus our attention on its power and direction in a hypercapitalist economy. While he did not foresee the emergence of generative artificial intelligence (GAI), its rapid acceleration raises important issues for his notion of digital (...) writing as a pharmakon. In this essay, we examine Stiegler’s view on intelligence, digital writing, technological memory, and neuropower, focusing specifically on his Shanghai lecture and Nanjing Lectures. We compare Stiegler with Catherine Malabou, who examines the nature of intelligence primarily through the lens of neuroscience. We argue that Malabou’s view of neuroplasticity in human and artificial brains, and her critique of techno-narcissism in the control over technology, add an important dimension to Stiegler’s political critique of education. Finally, we examine how best to construe AI as part of a hyper-materialist epistemology that Stiegler espouses in the conclusion of his Nanjing Lectures, to bring about neganthropic knowledge through a therapeutics of care. (shrink)

This essay identifies and intervenes in the limitations of both the social and the medical models of disability in the postcolonial context, suggesting that those limitations may apply to theorizations of disability more broadly. It suggests that Bessie Head's novel A Question of Power, which represents mental illness and disability without positing a stable etiology for them, illustrates the inapplicability of these ways of thinking about disability under instances of extreme precarity. As such, Head offers a test case for how (...) mental illness and disability writ large might be theorized without the suppositions implicit to the liberal subject. (shrink)

Speciesism, broadly understood as the view that species membership is a morally relevant property, has been a central topic of debate within animal ethics for around 50 years. However, in all this time, animal ethicists have paid relatively scant attention to the nature of species membership itself. This seems potentially regrettable, since species membership's precise nature is presumably highly pertinent to the question of its exact moral relevance. Here, I advocate for a ‘species-focused’ approach to assessing speciesism, arguing that, in (...) debating the merits of speciesism, animal ethicists should (i) centre the nature of species membership, and (ii) consult philosophers of biology. Adherence to this second prescription appears necessary since a lot of what philosophers of biology believe regarding the nature of species membership appears contrary to what many animal ethicists have seemingly assumed. (shrink)

An examination of the specifically graphic-novelistic strategies employed in Art Spiegelman's graphic memoir, Maus, in leading the reader into a punctuated experience of time and memory, and in forcing complicity with the novel's problematic animal-as-ethnicity metaphor, in a wider attempt at putting together the critical vocabulary for discussing comic books as simultaneously textual and pictorial ‘texts’.