Contents: LEGAL THEORY 1. Reflections on law in context / William Twining -- 2. Are omissions less culpable? / Tony Honore -- 3. Scandinavian legal realism in the law of contract / Jan Hellner -- 4. Statutes and contracts as founts of formal reasoning / Robert S. Summers -- 5. Conceptions of public policy / John Bell LEGAL HISTORY 6. Aftermath / Paul D. Carrington -- 7. The role of the judiciary: lessons from the end of empire / Robert Stevens (...) -- 8. The Origins of futures trading in the Liverpool Cotton Market COMMON LAW 9.payment undertakings / Roy Goode -- 10. Pre-contractual duties of disclosure / S.M. Waddams -- 11. Three problems with the new product liability / Jane Stapleton -- 12. Evaluating the goals of personal injury law: some empirical evidence / Donald Harris -- 13. Negligence and economic loss / John Dwyer -- 14. Libel and constitutional free speech / John Fleming -- 15. The basis of tortious liability / Peter Cane. (shrink)

This article explores the question of what character relations must have before the orthodox law of obligations will describe them as ‘causal’ relations. The article does not purport to identify the metaphysical nature of ‘causation’. Instead it provides a non-reductive account of what is essential before the law has described the relation between a specific factor and the existence of a particular indivisible phenomenon as ‘causal’. Section 1 presents a simple test for this relation—an ‘extended but-for test’—that can be deployed (...) in a straightforward way without engaging with theoretically complex and often problematic accounts of causation based on the notion of sufficient sets, such as Wright’s NESS account. Section 2 demonstrates how important principles relating to the separateness of a legal entity and to legal responsibility can resolve theoretical puzzles and in turn illuminate why the orthodox law of obligations does not choose to describe as ‘causal’ a relation wider than the one identified in this article. (shrink)

Whether collective agency is a coherent concept depends on the theory of agency that we choose to adopt. We argue that the enactive theory of agency developed by Barandiaran, Di Paolo and Rohde (2009) provides a principled way of grounding agency in biological organisms. However the importance of biological embodiment for the enactive approach might lead one to be skeptical as to whether artificial systems or collectives of individuals could instantiate genuine agency. To explore this issue we contrast the concept (...) of collective agency with multi-agent systems and multi-system agents, and argue that genuinely collective agents instantiate agency at both the collective level and at the level of the component parts. Developing the enactive model, we propose understanding agency – both at the level of the individual and of the collective – as spectra that are constituted by dimensions that vary across time. Finally, we consider whether collectives that are not merely metaphorically ‘agents’ but rather are genuinely agentive also instantiate subjectivity at the collective level. We propose that investigations using the perceptual crossing paradigm suggest that a shared lived perspective can indeed emerge but this should not be conflated with a collective first-person perspective, for which material integration in a living body may be required. (shrink)

This paper explores some of the differences between the enactive approach in cognitive science and the extended mind thesis. We review the key enactive concepts of autonomy and sense-making . We then focus on the following issues: (1) the debate between internalism and externalism about cognitive processes; (2) the relation between cognition and emotion; (3) the status of the body; and (4) the difference between ‘incorporation’ and mere ‘extension’ in the body-mind-environment relation.

In the context of technology development and systems engineering, knowledge is typically treated as a complex information structure. In this view, knowledge can be stored in highly sophisticated data systems and processed by explicitly intelligent, software-based technologies. This paper argues that the current emphasis upon knowledge as information (or even data) is based upon a form of rationalism which is inappropriate for any comprehensive treatment of knowledge in the context of human-centred systems thinking. A human-centred perspective requires us to treat (...) knowledge in human terms. The paper sets out the particular importance of tacit knowledge in this regard. It sets out two case studies which reveal the critical importance of a careful treatment of tacit knowledge for success in two complex, technology-driven projects. (shrink)

In _Vibrant Matter_ the political theorist Jane Bennett, renowned for her work on nature, ethics, and affect, shifts her focus from the human experience of things to things themselves. Bennett argues that political theory needs to do a better job of recognizing the active participation of nonhuman forces in events. Toward that end, she theorizes a “vital materiality” that runs through and across bodies, both human and nonhuman. Bennett explores how political analyses of public events might change were we (...) to acknowledge that agency always emerges as the_ _effect of ad hoc configurations of human and nonhuman forces. She suggests that recognizing that agency is distributed this way, and is not solely the province of humans, might spur the cultivation of a more responsible, ecologically sound politics: a politics less devoted to blaming and condemning individuals than to discerning the web of forces affecting situations and events. Bennett examines the political and theoretical implications of vital materialism through extended discussions of commonplace things and physical phenomena including stem cells, fish oils, electricity, metal, and trash. She reflects on the vital power of material formations such as landfills, which generate lively streams of chemicals, and omega-3 fatty acids, which can transform brain chemistry and mood. Along the way, she engages with the concepts and claims of Spinoza, Nietzsche, Thoreau, Darwin, Adorno, and Deleuze, disclosing a long history of thinking about vibrant matter in Western philosophy, including attempts by Kant, Bergson, and the embryologist Hans Driesch to name the “vital force” inherent in material forms. Bennett concludes by sketching the contours of a “green materialist” ecophilosophy. (shrink)

Cognitive systems research has predominantly been guided by the historical distinction between emotion and cognition, and has focused its efforts on modelling the “cognitive” aspects of behaviour. While this initially meant modelling only the control system of cognitive creatures, with the advent of “embodied” cognitive science this expanded to also modelling the interactions between the control system and the external environment. What did not seem to change with this embodiment revolution, however, was the attitude towards affect and emotion in cognitive (...) science. This paper argues that cognitive systems research is now beginning to integrate these aspects of natural cognitive systems into cognitive science proper, not in virtue of traditional “embodied cognitive science”, which focuses predominantly on the body’s gross morphology, but rather in virtue of research into the interoceptive, organismic basis of natural cognitive systems. (shrink)

We present a specific elaboration and partial defense of the claims that cognition is enactive, embodied, embedded, affective and (potentially) extended. According to the view we will defend, the enactivist claim that perception and cognition essentially depend upon the cognizer’s interactions with their environment is fundamental. If a particular instance of this kind of dependence obtains, we will argue, then it follows that cognition is essentially embodied and embedded, that the underpinnings of cognition are inextricable from those of affect, that (...) the phenomenon of cognition itself is essentially bound up with affect, and that the possibility of cognitive extension depends upon the instantiation of a specific mode of skillful interrelation between cognizer and environment. Thus, if cognition is enactive then it is also embodied, embedded, affective and potentially extended. (shrink)

Firms and industries increasingly subscribe to voluntary codes of conduct. These self-regulatory governance systems can be effective in establishing a more sustainable and inclusive global economy. However, these codes can also be largely symbolic, reactive measures to quell public criticism. Cross-sector alliances (between for-profit and nonprofit actors) present a learning platform for infusing participants with greater incentives to be socially responsible. They can provide multinationals new capabilities that allow them to more closely ally social responsibility with economic performance. This paper (...) examines learning facilitators in cross-sector alliances that enrich corporate understanding of stakeholder concerns. It suggests that these organizational learning experiments can translate into globally responsible practices and processes that improve the content and effectiveness of voluntary corporate codes. (shrink)

The Aesthetics of Design offers the first full treatment of design in the field of philosophical aesthetics, challenging the discipline to broaden its scope to include the quotidian objects and experiences of our everyday lives and concerns ...

"It is well to remind ourselves, from time to time, that "Ethics" is but another word for "righteousness," that for which many men and women of every generation have hungered and thirsted, and without which life becomes meaningless. Certain forms of personal righteousness have become to a majority of the community almost automatic. But we all know that each generation has its own test, the contemporaneous and current standard by which alone it can adequately judge of its own moral achievements. (...) To attain individual morality in an age demanding social morality, to pride one's self on the results of personal effort when the time demands social adjustment, is utterly to fail to apprehend the situation. This book is a study of various types and groups who are being impelled by the newer conception of Democracy to an acceptance of social obligations involving in each instance a new line of conduct."--. (shrink)

What we know is enabled and constrained by what we are. Extended and enactive approaches to cognitive science explore the ways in which our embodiment enables us to relate to the world. On these accounts, rather than being merely represented in the brain, the world and our activity in it plays an on-going role in our perceptual and cognitive processes. In this chapter I outline some of the key influences on extended and enactive philosophy and cognitive science in order to (...) generate a sense of the conceptual space in which this research is going on. I focus on the concepts of sense-making, Umwelts, affordances, cultural niches, epistemic actions, environmental scaffolding, and mental institutions. Despite differences in focus and detail these influences share an underlying world-view; that cognition is relational and world-involving. This way of thinking has clear resonances with dominant approaches in non-Western philosophy. The purpose of this chapter is thus to generate in the reader a sense of this shared extended-enactive world-view in order to open up a space for communication between approaches. (shrink)

This is part of a complete set of Jane Austen's novels collating the editions published during the author's lifetime and previously unpublished manuscripts. The books are illustrated with 19th century plates and incorporate revisions by experts in the light of subsequent research.

It is a commonplace that the modern world cannot be experienced as enchanted--that the very concept of enchantment belongs to past ages of superstition. Jane Bennett challenges that view. She seeks to rehabilitate enchantment, showing not only how it is still possible to experience genuine wonder, but how such experience is crucial to motivating ethical behavior. A creative blend of political theory, philosophy, and literary studies, this book is a powerful and innovative contribution to an emerging interdisciplinary conversation about (...) the deep connections between ethics, aesthetics, and politics. As Bennett describes it, enchantment is a sense of openness to the unusual, the captivating, and the disturbing in everyday life. She guides us through a wide and often surprising range of sources of enchantment, showing that we can still find enchantment in nature, for example, but also in such unexpected places as modern technology, advertising, and even bureaucracy. She then explains how everyday moments of enchantment can be cultivated to build an ethics of generosity, stimulating the emotional energy and honing the perceptual refinement necessary to follow moral codes. Throughout, Bennett draws on thinkers and writers as diverse as Kant, Schiller, Thoreau, Kafka, Marx, Weber, Adorno, and Deleuze. With its range and daring, The Enchantment of Modern Life is a provocative challenge to the centuries-old ''narrative of disenchantment,'' one that presents a new ''alter-tale'' that discloses our profound attachment to the human and nonhuman world. (shrink)

In this chapter I present the thesis of Proper Embodiment: the claim that (at least some of) the details of our physiology matter to cognition and consciousness in a fundamental way. This thesis is composed of two sub-claims: (1) if we are to design, build, or evolve artificial systems that are cognitive in the way that we are, these systems will have to be internally embodied, and (2) the exploitation of the particular internal embodiment that allows systems to evolve solutions (...) with greatly decreased computational complexity – and thus to be flexible and adaptive in the ways that are characteristic of cognitive systems – means that the orthodox distinction between algorithm and implementation is undermined. Evolved cognitive systems are therefore likely not to instantiate the distinction between phenomenology, algorithm, and implementation. The leaky levels evident in evolved cognitive systems motivate an extension of orthodox embodied cognitive science to the internal, affective, “gooey” realm that has so far only been embraced by those in the enactive tradition. This suggests that if we are to build artificial systems that will be genuinely cognitive they will have to incorporate parts of the gooey realm currently considered to be “mere implementation.”. (shrink)

In this volume, a range of high-profile researchers in philosophy of mind, philosophy of cognitive science, and empirical cognitive science, critically engage with Clark's work across the themes of: Extended, Embodied, Embedded, Enactive, and Affective Minds; Natural Born Cyborgs; and Perception, Action, and Prediction. Daniel Dennett provides a foreword on the significance of Clark's work, and Clark replies to each section of the book, thus advancing current literature with original contributions that will form the basis for new discussions, debates and (...) directions in the discipline. (shrink)

Trust and corporation (extracts) / by F.W. Maitland -- Respublica Christiana -- by J.N. Figgis -- Society and state / by R.M. MacIver -- The discredited state / by E. Barker -- Conflicting social obligations / by G.D.H. Cole -- Community is a process / by M.P. Follett -- The eruption of the group / by E. Barker -- The masses in a representative democracy / by M. Oakeshott -- The atavism of social justice / by F.A. von Hayek -- (...) Collective entities and moral rights / by V. van Dyke -- Capitalism, citizenship and community / by S. Macedo -- Liberalism and the politicization of ethnicity / by W. Kymlicka -- Are there any cultural rights? / by C. Kukathas -- The civil society argument / by M. Walzer. (shrink)

When discussing the problem of evil, philosophers often distinguish between physical evil (harm caused within the natural world such as natural disasters, disease, and the like), and moral evil (harm caused by human agency). Mapping this traditional distinction is mapped onto the third section of Fichte’s The Vocation of Man would at first seem fairly straightforward: for Fichte, evil arising from nature occurs through “blind mechanism” and is unfree; in contrast, evil done by human beings arises out of free agency. (...) The answer may be more complicated, however, in two different ways. First, Fichte holds that nature is to be cultivated and controlled by human beings so that it is no longer a source of harm; this may imply that the continuing harm done by nature is the result of humans’ failure to have sufficiently tamed nature. In that case, some of the harm caused by nature may be attributable to free human causality and thus no longer be a clearcut instance of natural evil. Second, Fichte repeatedly states that those who fail to act morally and who fail to conform their wills to the moral law are still be in the power of the mechanisms of nature. Even though we must think of them as free, Fichte compares their actions to the operation of nature and its mechanism of necessity. By presenting a careful and nuanced Fichtean account of the traditional distinction between physical and moral evil, we can better appreciate how Fichte understood the meaning and scope of human responsibility. (shrink)

Overviews -- Hildegard of Bingen -- Anne Conway -- Mary Astell -- Mary Wollstonecraft -- Harriet Taylor Mill -- Edith Stein -- Simone Weil -- Simone de Beauvoir -- Conclusions.

In _influx & efflux_ Jane Bennett pursues a question that was bracketed in her book _Vibrant Matter_: how to think about human agency in a world teeming with powerful nonhuman influences? “Influx _& _efflux”—a phrase borrowed from Whitman's "Song of Myself"—refers to everyday movements whereby outside influences enter bodies, infuse and confuse their organization, and then exit, themselves having been transformed into something new. How to describe the human efforts involved in that process? What kinds of “I” and “we” (...) can live well and act effectively in a world of so many other lively materialities? Drawing upon Whitman, Thoreau, Caillois, Whitehead, and other poetic writers, Bennett links a nonanthropocentric model of self to a radically egalitarian pluralism and also to a syntax and style of writing appropriate to the entangled world in which we live. The book tries to enact the uncanny process by which we “write up” influences that pervade, enable, and disrupt us. (shrink)

Clicks, comments, transactions, and physical movements are being increasingly recorded and analyzed by Big Data processors who use this information to trace the sentiment and activities of markets and voters. While the benefits of Big Data have received considerable attention, it is the potential social costs of practices associated with Big Data that are of interest to us in this paper. Prior research has investigated the impact of Big Data on individual privacy rights, however, there is also growing recognition of (...) its capacity to be mobilized for surveillance purposes. Our paper delineates the underlying issues of privacy and surveillance and presents them as in tension with one another. We postulate that efforts at controlling Big Data may create a trade-off of risks rather than an overall improvement in data protection. We explore this idea in relation to the principles of the European Union’s General Data Protection Regulation as it arguably embodies the new ‘gold standard’ of cyber-laws. We posit that safeguards advocated by the law, anonymization and pseudonymization, while representing effective counter measures to privacy concerns, also incentivize the use, collection, and trade of behavioral and other forms of de-identified data. We consider the legal status of these ownerless forms of data, arguing that data protection techniques such as anonymization and pseudonymization raise significant concerns over the ownership of behavioral data and its potential use in the large-scale modification of activities and choices made both on and offline. (shrink)

The debate about the use of robots in the care of older adults has often been dominated by either overly optimistic visions (coming particularly from Japan), in which robots are seamlessly incorporated into society thereby enhancing quality of life for everyone; or by extremely pessimistic scenarios that paint such a future as horrifying. We reject this dichotomy and argue for a more differentiated ethical evaluation of the possibilities and risks involved with the use of social robots. In a critical discussion (...) surrounding the capabilities approach to the ethical evaluation of quality of life, we develop an ethical framework that is more appropriate to the situation of the oldest old. We urge employment of a context-dependent approach to the ethical evaluation of new technologies in the care and therapy of older adults, and using the example of the robotic seal Paro, we show how this can be accomplished in a sensible and practical way. (shrink)

"It is well to remind ourselves, from time to time, that "Ethics" is but another word for "righteousness," that for which many men and women of every generation have hungered and thirsted, and without which life becomes meaningless. Certain forms of personal righteousness have become to a majority of the community almost automatic. But we all know that each generation has its own test, the contemporaneous and current standard by which alone it can adequately judge of its own moral achievements. (...) To attain individual morality in an age demanding social morality, to pride one's self on the results of personal effort when the time demands social adjustment, is utterly to fail to apprehend the situation. This book is a study of various types and groups who are being impelled by the newer conception of Democracy to an acceptance of social obligations involving in each instance a new line of conduct."--. (shrink)

The definition of 'Englishness' has become the subject of considerable debate, and in this important contribution tto Ideas in Context Julia Stapleton looks at the work of one of the most wide-ranging and influential theorists of the English nation, Ernest Barker. The first holder of the Chair of Political Science at Cambridge, Barker wrote prolifically on the history of political thought and contemporary political theory, and his writings are notable for fusing three of the dominant strands of late-nineteenth and (...) early-twentieth century political thought, Whiggism, Idealism and Pluralism. Infused with a strong cultural sense of nationhood, Barker's writings influenced a broad non-academic audience, and their subsequent neglect graphically demonstrates the fate of a certain vision of Liberal England in the generation after World War One. With, however, the erosion of a particular sense of Englishness, Barker's ideas have begun to assume renewed resonance. (shrink)

Effective corporate social responsibility policies are a requirement for today's companies. Policies have not only to be formulated, they also have to be delivered by corporate employees. This paper uses existing research findings to identify two types of factors that may impact on employee motivation and commitment to CSR ‘buy-in’. The first of these is contextual: employee attitudes and behaviours will be affected by organizational culture and climate, by whether CSR policies are couched in terms of compliance or in terms (...) of values, and by whether such policies are integrated into business processes or simply an ‘add-on’ that serves as window-dressing. The second set of factors is perceptual. Motivation and commitment will be affected by the extent to which they can align personal identity and image with that of the organization, by their perceptions of justice and fairness both in general and in terms of how CSR performance is rewarded, and by their impressions concerning the attitude of top management to CSR issues and performance. (shrink)

Free rides and observational advantages occur in visualizations when they reveal facts that must be inferred from an alternative representation. Understanding whether these concepts correspond to cognitive advantages is important: do they facilitate information extraction, saving the ‘deductive cost’ of making inferences? This paper presents the first evaluations of free rides and observational advantages in visualizations of sets compared to text. We found that, for Euler and linear diagrams, free rides and observational advantages yielded significant improvements in task performance. For (...) Venn diagrams, whilst their observational advantages yielded significant performance benefits over text, this was not universally true for free rides. The consequences are two-fold: more research is needed to establish when free rides are beneficial, and the results suggest that observational advantages better explain the cognitive advantages of diagrams over text. A take-away message is that visualizations with observational advantages are likely to be cognitively advantageous over competing representations. (shrink)

A paradigm for peace discovered in the cosmopolitan neighborhoods of poor urban immigrants.

This essay seeks to give philosophical expression to the vitality, willfullness, and recalcitrance possessed by nonhuman entities and forces. It also considers the ethico-political import of an enhanced awareness of "thing-power." Drawing from Lucretius, Spinoza, Gilles Deleuze, Bruno Latour, and others, it describes a materialism of lively matter, to be placed in conversation with the historical materialism of Marx and the body materialism of feminist and cultural studies. Thing-power materialism is a speculative onto-story, an admittedly presumptuous attempt to depict the (...) nonhumanity that flows around and through humans. The essay concludes with a preliminary discussion of the ecological implications of thing-power. (shrink)

Embodiment matters to perception and action. Beyond the triviality that, under normal circumstances, we need a body in order to perceive the world and act in it, our particular embodiment, right here, right now, both enables and constrains our perception of possibilities for action. In this chapter, we provide empirical support for the idea that the structural and morphological features of the body can narrow the set of our possible interactions with the environment by shaping the way we perceive the (...) possibilities for action provided. We argue that this narrowing holds true in the perception of what we call strongly embodied affordances, that is, relevant micro-affordances that have a genuinely demanding characteristic, as well as in the perception of actions performed by others. In particular, we show that perceptual contents are shaped by fine-grained morphological features of the body, such as specific hand-shapes, and that they change according to our possibility to act upon them with this body, in this situation, at this moment. We argue that these considerations provide insight into distinguishing a variety of experienced affordance relations that can aid us in better understanding the relevance of embodiment for perception and experience. (shrink)

Just over a decade on from a spike of interest in Jacques Rancière’s writing within educational philosophy and theory, I revisit his interventions on democracy and education to make the case for (re)engaging with Rancière’s writing now to address important questions about contemporary education policy, the role of schools in democratic societies and public debate over the curriculum. Specifically, I argue that Rancière’s interventions on the Platonism that characterises both ‘progressive’ and ‘traditional’ arguments about school curricula in such contexts offer (...) a vital tool for understanding the shifts in education policy and educational debate that animate our current political moment. Building on work that has applied Rancière’s writing to analyse neoliberal education policy, I argue that Rancière’s writing provides a distinctive analytical lens for interpreting a recent shift towards neo-conservative education policy agendas, and the imbrication of schools within the ‘culture-wars’ that characterise the contemporary political landscape in several national settings. Taking recent policies concerned with the teaching of values in England as an example, I argue that a Rancierian perspective on such policy is helpful for revitalising research concerned with education and the role of public schooling in societies that wish to maintain some claim to democracy. (shrink)