Both scientific realism and social constructionism offer unpromising and even destructive ways of trying to understand nature and human–nature relations. The reasons include what these apparent opponents share: a commitment to the (latterly) modernist division between subject/culture and object/nature that results from what is here called 'monist essentialism'. It is contrasted with 'relational pluralism', which provides the basis of a better alternative – ecopluralism – which, properly understood, is necessarily both ecocentric and pluralist.

Using both Confucian texts and the work of American pragmatist John Dewey, this book offers a distinctly Confucian model of democracy.

Was ist eine gute Weltanschauung? Die Aufsätze behandeln einige der großen Themen der westlichen Philosophie unter neuen Gesichtspunkten, wie z. B. das Apeiron des Anaximander, das Leib-Seele-Problem bei Descartes und Wittgensteins Begriff der Sprache und Lebensform. Sie beleuchten aber auch Seitenwege wie z. B. einen Ausflug Schopenhauers, ein „Plagiat" Nietzsches und einige der Aphorismen Ludwig Hohls.

Anarchism is by far the least broadly understood ideology and the least studied academically. Though highly influential, both historically and in terms of recent social movements, anarchism is regularly dismissed. Anarchism: A Conceptual Approach is a welcome addition to this growing field, which is widely debated but poorly understood. Occupying a distinctive position in the study of anarchist ideology, this volume, authored by a handpicked group of established and rising scholars, investigates how anarchists often seek to sharpen their message and (...) struggle to determine what ideas and actions are central to their identity. Moving beyond defining anarchism as simply an ideology or political theory, this book examines the meanings of its key concepts, which have been divided into three categories: Core, Adjacent, and Peripheral concepts. Each chapter focuses on one important concept, shows how anarchists have understood the concept, and highlights its relationships to other concepts. Although anarchism is often thought of as a political topic, the interdisciplinary nature of Anarchism: A Conceptual Approach makes it of interest to students and scholars across the social sciences, liberal arts, and the humanities. (shrink)

Offers a renovated form of Confucian liberalism that forges a reconciliation between the two extremes of anti-Confucian liberalism and anti-liberal Confucianism.

This article examines the free will problem as it arises within Thomas Hobbes' naturalistic science of morals in early modern Europe. It explains that during this period, the problem of moral and legal responsibility became acute as mechanical philosophy was extended to human psychology and as a result human choices were explained in terms of desires and preferences rather than being represented as acts of an autonomous faculty. It describes how Hobbes changed the face of moral philosophy, through his Leviathan, (...) in ways that still structure and resonate within the contemporary debate. (shrink)

According to the ‘fragmentation objection’ to multiculturalism, practices of cultural recognition undermine political stability, and this counts as a reason to be sceptical about the public recognition of minority cultures, as well as about multiculturalism construed more broadly as a public policy. Civic education programmes, designed to promote autonomy, toleration and patriotism, have been justified as a corrective to the fragmentary tendencies of multiculturalism. This paper distinguishes between two versions of the fragmentation objection, in order to evaluate this particular justification (...) of civic education. The cultural fragmentation version of the objection emphasises the importance of a common identity and a shared sense of belonging for political stability, whilst the value fragmentation version of the objection emphasises the importance of shared values for political stability. It is argued that neither version of the objection successfully demonstrates that multiculturalism is incompatible with political stability. However, narrow versions of each objection provide reasons to favour the promotion of toleration in public schooling, and reasons to be sceptical about the promotion of patriotism. Meanwhile, justifications of the cultivation of autonomy must appeal to values other than political stability. (shrink)

Human dignity is one of the key concepts of our ethical evaluations, in politics, in biomedicine, as well as in everyday life. In moral philosophy, however, human dignity is a source of intractable trouble. It has a number of characteristic features which apparently do not fit into one coherent ethical concept. Hence, philosophers tend to ignore or circumvent the concept. There is hope for a philosophically attractive conception of human dignity, however, given that one takes three crucial turns. The negative (...) turn: to start the inquiry with violations of human dignity. The inductive turn: to consider the whole range of applications of the concept of human dignity in different areas of ethics. And finally, the historical turn: to take into account the historical bonds between human dignity and traditional conceptions of dignity. Taken together they point in the direction of an understanding of human dignity as universal nobility. (shrink)

This encyclopedia entry urges what it takes to be correctives to common (mis)understandings concerning the phenomenon of incommensurability and incomparability and briefly outlines some of their philosophical upshots.

After describing the disorder of psychopathy, I examine the theories and the evidence concerning the psychopaths’ deficient moral capacities. I first examine whether or not psychopaths can pass tests of moral knowledge. Most of the evidence suggests that they can. If there is a lack of moral understanding, then it has to be due to an incapacity that affects not their declarative knowledge of moral norms, but their deeper understanding of them. I then examine two suggestions: it is their deficient (...) practical reason or their stunted emotions that are at fault. The evidence supports both explanations. I conclude with an overview of the debate concerning whether they are morally or legally responsible for their actions. (shrink)

Are we being manipulated online? If so, is being manipulated by online technologies and algorithmic systems notably different from human forms of manipulation? And what is under threat exactly when people are manipulated online? This volume provides philosophical and conceptual depth to debates in digital ethics about online manipulation. The contributions explore the ramifications of our increasingly consequential interactions with online technologies such as online recommender systems, social media, user-friendly design, micro-targeting, default-settings, gamification, and real-time profiling. The authors in this (...) volume address four broad and interconnected themes: • What is the conceptual nature of online manipulation? And how, methodologically, should the concept be defined? • Does online manipulation threaten autonomy, freedom, and meaning in life, and if so, how? • What are the epistemic, affective, and political harms and risks associated with online manipulation? • What are legal and regulatory perspectives on online manipulation? The Philosophy of Online Manipulation brings these various considerations together to offer philosophically robust answers to critical questions concerning our online interactions with one another and with autonomous systems. It will be of interest to researchers and advanced students working in moral philosophy, digital ethics, philosophy of technology, and the ethics of manipulation. (shrink)

Norman Bowie wrote an article on the moral obligations of multinational corporations in 1987. This paper is a response to Bowie, but more importantly, it is designed to articulate the force and substance of the pragmatist philosophy developed by Richard Rorty. In his article, Bowie suggested that moral universalism (which he endorses) is the only credible method of doing business ethics across cultures and that cultural relativism and ethnocentrism are not. Bowie, in a manner surprisingly common among contemporary philosophers, lumps (...) Rorty into a bad guy category without careful analysis of his philosophy and ascribes to him views which clearly do not fit. I attempt to provide both a more careful articulation of Rorty's views, and to use his pragmatism to illustrate an approach to business ethics which is more fruitful than Bowie's. This brand of philosophy follows the Enlightenment spirit of toleration and attempts to set aside questions of Truth, whether religious or philosophical, and have ethics centered around what James called that which is good in the way of belief. Rather than looking for metaphysical foundations or some type of external justification, ethicists perform their craft from within the cultural traditions, narratives and practices of their society. (shrink)

In Isaiah Berlin, John Gray interprets Berlin as having made value pluralism the basis of an anti‐rationalist, “agonistic” liberalism. Gray argues that Berlin's value pluralism actually stands in tension with his liberalism, and that a whole‐hearted affirmation of value pluralism should have led him to reject the claim that liberal institutions are morally superior. But Berlin's pluralism is more moderate than that ascribed to him by Gray, in that it does not allow for diminishing the value of liberty beyond a (...) certain point. This version of pluralism is more compatible with the objectivity Gray claims for pluralism than is his own version. (shrink)

Are workers dominated? A recent suite of neo-republican and relational egalitarian philosophers think they are. Suppose they are right; that is, suppose that some workers are governed by an unjust and arbitrary power existing in labour relations, which persists even in the presence of the actual ability to exit. My question is this: does that give us reason to impose restrictions on firms? According to the so-called Efficiency Objection there are relevant trade-offs that need to be considered between the efficiency (...) of firms and the freedom of workers, and upon considering these trade-offs, we should reject workplace democracy. In this paper, I present a dilemma for the Efficiency Objection. I argue that either the Efficiency Objection is justified on moral grounds or non-moral grounds; if the Efficiency Objection is justified on moral grounds, then it fails because efficiency cannot be valued for its own sake (it is only instrumentally good); if the Efficiency Objection is justified on non-moral grounds, then it fails because of the respect that we owe to persons as persons; therefore, the Efficiency Objection fails. (shrink)

In this article I argue that Outcomes-basedEducation is conceptually trapped in aninstrumentally justifiable view of education. Icontend that the notion of Outcomes-basedEducation is incommensurable with anon-instrumental justification of educationview as explained by RS Peters (1998). Theprocess of specifying outcomes in educationaldiscourse lends itself to manipulation andcontrol and thereby makes the idea ofOutcomes-based Education educationallyimpoverished. In this article an argument ismade for education through rational reflectionand imagination which can complement anOutcomes-based Education system for the reasonthat it finds expression in a non-instrumentaljustifiable (...) view of education. (shrink)

I defend the following version of the ought-implies-can principle: (OIC) by virtue of conceptual necessity, an agent at a given time has an (objective, pro tanto) obligation to do only what the agent at that time has the ability and opportunity to do. In short, obligations correspond to ability plus opportunity. My argument has three premises: (1) obligations correspond to reasons for action; (2) reasons for action correspond to potential actions; (3) potential actions correspond to ability plus opportunity. In the (...) bulk of the paper I address six objections to OIC: three objections based on putative counterexamples, and three objections based on arguments to the effect that OIC conflicts with the is/ought thesis, the possibility of hard determinism, and the denial of the Principle of Alternate Possibilities. (shrink)

New technologies are the source of uncertainties about the applicability of moral and morally connotated concepts. These uncertainties sometimes call for conceptual engineering, but it is not often recognized when this is the case. We take this to be a missed opportunity, as a recognition that different researchers are working on the same kind of project can help solve methodological questions that one is likely to encounter. In this paper, we present three case studies where philosophers of technology implicitly engage (...) in conceptual engineering (without naming it as such). We subsequently reflect on the case studies to find out how these illustrate conceptual engineering as an appropriate method to deal with pressing concerns in the philosophy of technology. We have two main goals. We first want to contribute to the literature on conceptual engineering by presenting concrete examples of conceptual engineering in the philosophy of technology. This is especially relevant, because the technologies that are designed based on the conceptual work done by philosophers of technology potentially have crucial moral and social implications. Secondly, we want to make explicit what choices are made when doing this conceptual work. Making explicit that some of the implicit assumptions are, in fact, debated in the literature allows for reflection on these questions. Ultimately, our hope is that conscious reflection leads to an improvement of the conceptual work done. (shrink)

This paper sketches the ambitious outlines of an assessment of the place of Russian philosophy in philosophical history ‘at large’, i.e. on a global and world-historical scale. At the same time, it indicates, rather modestly, a number of elements and aspects of such a project. A retrospective reflection and reconstruction is not only a recurrent phenomenon in philosophical culture (which, the author assumes, has become global), it also is, by virtue of its being a philosophical reflection, one among many possible (...) perspectives. The central claim of the paper is that the key to an assessment of the world-historical place of Russian philosophy is to be found in the Soviet period, not only because it was, through its isolation policy and its subordination of philosophy to political and ideological goals, a determining factor for a large part of the 20th century, but also, and more importantly, because it has systematically distorted the perception of Russia’s philosophical history, including of the Soviet episode itself. The very undoing of these distortions, however, risks becoming a distortion because of, on the one hand, a demonization of the Soviet factor and, on the other hand, a disregard for its philosophical and meta-philosophical relevance. (shrink)

This article argues that, despite its reputation as a homogenising and authoritarian system, the political thought of Bernard Bosanquet contains resources with which to develop a robust and culturally sensitive model of liberal multiculturalism. Throughout the discussion, Bosanquet's thought is located within contemporary theoretical debates. The first section rehearses the critique of Millian liberalism developed by Bhikhu Parekh and others, which alleges that the considerations of individuality and autonomy underlying such a political order preclude it from showing adequate respect for (...) cultures which do not conceive of personal identity in essentially individualistic terms. The next section sketches Bosanquet's social theory, as a preclude to the rebuttal of allegedly insurmountable barriers to the theory's accommodation of cultural diversity. Specifically, section three counters the objection that Bosanquet sanctions the imposition of internal restrictions on personal dissent. The final section rebuts the claim that a General Will cannot exist within a culturally diverse society, showing that in reality Bosanquet's theory leads us to endorse the ‘fundamental beliefs’ of a multi-ethnic society outlined recently in the Parekh Report. It is concluded that, when drawing on Bosanquet's thought, a liberal multicultural society can take different forms and yet still show proper respect for cultural diversity. (shrink)

In this article I argue against the view, recently espoused by several authors, that the `incommensurability of values' and `political pespectivism' offer us decisive reasons as to why we should break the link between representation and (the quest for) unity. I hold that it is of paramount importance to retain this essential link. Since Sir Isaiah Berlin has played a major (and in my view unfortunate) role in linking `politics as the quest for unity and the common good' with the (...) `totalitarian temptation', I proceed to show how it is possible to have an understanding of politics as precisely such a quest, but without succumbing to the temptation to totalitarianism that Berlin alerts us to. I then take issue with Chantal Mouffe's view that the tendency to antagonism, rather than the quest for unity and rational consensus, is `the essence of the political'. (shrink)

The low electoral turnout of young people raises serious concerns about intergenerational justice and representative democracy. A powerful method is needed to address this low electoral turnout: if young people can be encouraged to vote in greater numbers then this may lead to a virtuous circle for which politicians take young people’s views and interests more seriously; and more young people vote as a result. I argue that a scheme of financial incentives for young voters between the ages of 18 (...) and 28; paid only once a young person has attended an hour long information session and an hour long discussion session on the election; offers such a method. Section 1 of this paper outlines the extent of the problem of low voter turnout among young people; section 2 establishes that this is a problem for democracy; and section 3 analyses the reasons why young people choose not to vote. In section 4; I consider two prospective solutions to the low electoral turnout of young people; compulsory voting and financial incentives; and argue that while compulsory voting constitutes an unacceptable violation of our liberty; offering financial incentives to vote does not; and; in the form that I propose; such a scheme offers a powerful short-term and long-term solution to the low electoral turnout of young people. Finally; section 5 summarises the key arguments of sections 1-4; and argues that if academics and politicians are genuinely concerned about improving the political representation of young people and reducing the democratic deficit then they must seriously consider my proposed scheme of financial incentives for young voters. (shrink)

Using the definition of “education as a practice”, the only coherent interpretation of Heslep's central thesis of “Education's moral role” was found to need the notion of a “social institution” of Education. This in turn made sense only by positing a notion such as a Political Proficiency Certificate, with its concomitant drastic government intervention. Heslep himself did not suggest this, presumably because he saw the tension that would appear between such an institution and the voluntary actions of citizens. This tension (...) was then shown to exist even in his notion of the “public interest”, which brought into question his argument of why Education needs to be standardized. This was reinforced by the realisation that, if the “public interest” required votes to be aggregated into a social choice, then it is unlikely to be realised by any current voting system. This suggested it was an unsuitable foundation on which to rest either a theory of democracy or a justification for the need for standardized Education. With that justification brought into question, the need for a “social institution” of Education disappears; without that, as we have said, Heslep's central thesis is without a coherent interpretation. (shrink)

This paper draws on the underappreciated realist thought of Isaiah Berlin, Stuart Hampshire and Judith Shklar, rehearses their critique of moralism and extends it to a position which seems far from obvious a target: the dirty hands thesis, which is mostly owed to Michael Walzer, and which a number of contemporary realists have recently appealed to in their endeavour to challenge moralism and/or tackle the insufficiently addressed question of what a more affirmative, realist public ethic might involve. In illustrating that (...) the DH thesis is a thinly disguised brand of the moralism which realists reject, I shall not merely put some flesh on the bones of Shklar’s scattered, unsystematic objections to Walzer’s thought – the only realist who explicitly criticized his DH thesis. Rather, I wish to cast doubt on the internal coherence and ‘realism’ of contemporary realist positions which invoke that thesis and to illustrate that the discrepancy between Berlin’s, Shklar’s and Hampshire’s thought and the DH thesis: i) enriches our understanding of how we might wish to distinguish more meaningfully realism from the ideal/non-ideal theory debate; and ii) enables us to pursue a particular direction in which a more positive realist approach to public ethics and integrity might be developed – an approach which we might term Heraclitian realism, and which follows from their idiosyncratic, innovative, and radical account of the place of conflict in human life. (shrink)

Darwin claimed that human and animal minds differ in degree but not in kind, and that ethical principles such as the Golden Rule are just an extension of thinking found in animals. Both claims are false. The best way to distinguish differences in degree from differences in kind is by identifying mechanisms that have emergent properties. Recursive thinking is an emergent capability found in humans but not in other animals. The Golden Rule and some other ethical principles such as Kant’s (...) categorical imperative require recursion, so they constitute ethical thinking that is restricted to humans. Changes in kind have tipping points resulting from mechanisms with emergent properties. (shrink)

The second-wave feminist critique of privacy defies the liberal opposition between the public-political and the private-personal. Feminist thinkers such as Hanisch, Young or Fraser note that, according to this liberal conception, public institutions often keep asymmetric power relations between private agents away from political discussion and action. The resulting subordination of some agents to others tends, therefore, to be naturalised and redefined as a «personal problem». Drawing on these contributions, this article reviews the social and political implications of big data (...) exploitation and questions whether personal data protection must remain a matter of «privacy self-management». It aims to show that feminist political theory can decidedly help to identify and tackle the root causes of what I call «data domination».La crítica feminista de segunda ola a la privacidad desafía la oposición liberal entre lo público-político y lo privado-personal. Pensadoras feministas como Hanisch, Young o Fraser señalan que, de acuerdo con esta concepción liberal, las instituciones públicas a menudo dejan fuera de la discusión y la acción política las relaciones de poder asimétricas entre agentes privados. La resultante subordinación de unos agentes a otros tiende, por tanto, a ser naturalizada y redefinida como un «problema personal». Basándose en estas contribuciones, este artículo revisa las implicaciones sociales y políticas de la explotación de datos masivos y cuestiona si la protección de los datos personales debe continuar siendo una cuestión de «auto-gestión de la privacidad». Su objetivo es mostrar que la teoría política feminista puede ayudar decididamente a identificar y enfrentar las causas de lo que llamo «dominación a través de los datos». (shrink)

This paper deals with some issues underlying the role of education in the preparation of students for democratic participation. Throughout, I maintain two basic ideas: first, that a political action undertaken to obtain practical ends reflects a set of privately held values whose recognition is therefore essential to any idea of the political; second, that the continued viability of liberal democracy is dependent upon its openness to alteration through its recognition of private values. In order to bring these ideas to (...) light more clearly, I will develop my position in the form of a critique of some contemporary liberal theories of civic education, most notably Amy Gutmann's, as expressed in her influential work Democratic Education. Maintaining Gutmann's requirement of educational relativism, I intend to show how her emphasis on individual deliberation as a goal of education fits within a system of deliberative democracy, and that the two serve to minimize, on the individual level, the ability of individuals to seek recognition within the public sphere, and on the political level, the ability of democratic institutions to be renewed through participation. (shrink)

The paper argues that we should read Taylor’s philosophy as a philosophy of liberation and that it is as a philosopher of liberation that Taylor distinguishes himself as a critical theorist. It beg...

Political philosophers often grapple with the issue of the legitimacy of state coercion. Aristotle, a perfectionist, opines that all men hold an objective account of the good life. As regards legitimacy, he entails that state policies are justified only when all its members comprehend the value that has been identified in accordance with the true notion of good. Aristotle argues that the state should facilitate the encouragement of objectively valuable notions of the good. Ronald Dworkin, a neutralist, proposes a specific (...) model of the good life so that one can live well. He holds that certain elements of the ethical conception lead to various notions of the good and, in matters of legitimacy, the state should be neutral towards the notion of good. This is so because A cannot make B’s life better by way of the coercive means of the state. This paper throws light on Aristotle’s and Dworkin’s dialogues on the moral foundations of legitimacy (conceived during their notion of the good life). Therefore, I argue that, in contrast to perfectionism, Dworkin justifies his liberal principle of legitimacy through the idea of state neutrality. But, eventually, Dworkin’s arguments overlook his ethical foundation or admissible towards perfectionism, which is emaciated enough to offer any justification for the principle of legitimacy. (shrink)

The demarcation of the private and public life leads to role of the state in private life. Many individuals have been the unflinching voice for moral dissent. In the western philosophy, debate on private morality and public life was instigated by Attorney General’s Commission Report which was submitted in 1986 and recommended no blanket ban on homosexuality and prostitution. However, a contemporary liberalist, Ronald Dworkin, castigates this Report. He argues that the report has an antagonistic approach because of its permissive (...) attitude towards pornography and the same time hospitability towards the enforcement hypothesis, which holds a preventive attitude towards pornography. In this paper, I analyse the feminists’ discourse of pornography connected with Dworkin and the Committee Report and adds more possibilities that put Dworkin’s arguments closer to the Report. Therefore, in this paper, I argue that Commission Report and Dworkin’s strategy towards pornography embodying as two sides of the same coin, and enforcement strategy is in the far away footing implies antagonistic approach. (shrink)

Freedom is one of the most important moral and political ideals. Questions concerning degrees of overall freedom are therefore of the utmost moral and political concern. To answer these questions we need to know how to measure degrees of overall freedom. This paper offers a novel defence of the partly evaluative approach to freedom measurement against a recent critique of it. According to the partly evaluative approach, the question of how free one is depends partly on the specific value of (...) the freedoms one possesses and partly on their physical extension. According to the critique, because of its reference to freedoms’ specific value, the partly evaluative approach fails to capture freedoms’ non-specific value, which is what it should capture. In this paper I argue that this critique is unfounded, by showing that even measures of more mundane things, which nevertheless, like freedom, present us with a commensuration problem, sometimes involve evaluative considerations similar to the ones that the partly evaluative approach invokes. (shrink)

Digital communication now pervades all spheres of life, creating new possibilities for commodification: personal data and communication are the new resources of surplus value. This in turn brings about a totally new category of threats to privacy. With recourse to the culture industry critique of early critical theory, this article seeks to challenge basic theoretical assumptions held within a liberal account of privacy. It draws the attention to the entanglement of technical and socio-economic transformations and aims at elaborating an alternative (...) framing which takes into account that privacy is not in the first place a pre-political space for individual freedom but a constituted sphere in which social power relations are reproduced in a particularly deceitful way. With recourse to positions of critical theory, this article revisits the conceptual ambiguity of liberation and oppression and looks to draft prospects for a socio-theoretical justification and critique of privacy, updated for the digital age. Following the tradition of critical theory, the argument focuses on (new) forms of domination in and by privacy. It aims to prepare the ground for a critique of the social’s increasing commodification as well as an idea of privacy understood as reflexive participation in social practices. (shrink)

Is it a stronger interference with people's freedom to withdraw options they currently have than to withhold similar options they do not have? Drawing on recent theorizing about sociopolitical freedom, this article identifies considerations that often make this the case for public policy. However, when applied to tobacco control, these considerations are shown to give us at best only very weak freedom-based reason to prioritize the status quo. This supports a popular argument for so-called “endgame” tobacco control measures: If we (...) believe that cigarettes would and should be withheld from entering markets in hypothetical scenarios in which they do not yet exist, then we also have reason to seek their abolition in situations, such as ours, in which cigarettes do exist—if necessary by banning their sale. The same considerations are then used to disarm objections that have recently been raised to using nudges in public policy. (shrink)

Freedom is one of the central values in political and moral philosophy. A number of theorists hold that freedom should either be the only or at least one of the central distribuenda in our theories of distributive justice. Moreover, many follow Mill and hold that a concern for personal freedom should guide, and limit, how paternalist public policy can be. For the most part, theorists have focussed on a person’s freedom at one specific point in time but have failed to (...) give proper attention to freedom across time. Given that we care about personal freedom now, we have reason to care about future freedom too. But what kind of distribution of freedom across a person’s lifetime should we promote as a matter of legislation and public policy? I argue that none of the candidate principles for the distribution of freedom across time is plausible. Neither a starting gate view, nor a maximisation nor a sufficientarian view is satisfactory, because none adequately reflects our various reasons to value freedom. I show that this result presents a tough challenge for theories of distributive justice and paternalism that set great store by personal freedom. (shrink)

Zygmunt Bauman has devoted considerable amount of attention to the discussion of the educational challenges in liquid modernity. While a good deal of professional attention has been given to Bauman’s concept in various fields and disciplines, his views on education have received relatively little response by educational theorists and practitioners. The aim of this article is to assess Bauman’s prognosis and diagnosis for education in liquid modernity and argue that even if one generally accepts Bauman’s portrayal of current society, his (...) educational view must presuppose ‘solid’ elements if it is to remain consistent. The article offers some critical reflections with regard to these themes by appealing in particular to the notion of self-critical appropriation, as it is employed in the work of Jurgen Habermas. It is with this notion that it is possible to overcome inconsistencies in Bauman’s educational views and form the basis for understanding how to account for the development of authentic personhood in the social climate of liquid modernity. (shrink)

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...) both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. (shrink)

Patient competence, defined as the ability to reason, appreciate, understand, and express a choice is rarely discussed in patients with obsessive compulsive disorder, and coercive measures are seldom used. Nevertheless, a psychiatrist of psychologist may doubt whether OCD patients who refuse treatment understand their disease and the consequences of not being treated, which could result in tension between respecting the patient’s autonomy and beneficence. The purpose of this article is to develop a notion of competence that is grounded in clinical (...) practice and corresponds with the experiences of patients with obsessions and/or compulsions. We present a naturalistic case study giving both the patient’s and the therapist’s perspective based on in-depth interviews and a narrative analysis. The case study shows that competence is not merely an assessment by a therapist, but also a co-constructed reality shaped by the experiences and stories of patient and therapist. The patient, a medical student, initially told her story in a restitution narrative, focusing on cognitive rationality. Reconstructing the history of her disease, her story changed into a quest narrative where there was room for emotions, values and moral learning. This fitted well with the therapist’s approach, who used motivational interventions with a view to appealing to the patient’s responsibility to deal with her condition. We conclude that in practice both the patient and therapist used a quest narrative, approaching competence as the potential for practical reasoning to incorporate values and emotions. (shrink)

El neo-republicanismo se ha presentado recientemente como una alternativa al liberalismo, tanto desde el punto de vista teórico como desde el punto de vista de la organización política. Sin embargo, se sostiene que al abandonar la idea de autogobierno, principalmente en el planteo de Phillip Pettit, el esquema institucional que propone no difiere fundamentalmente de la institucionalidad democrática liberal.

We are all ambivalent at every turn. “Should I skip class on this gorgeous spring day?” “Do I really want to marry Eric?” Despite being uncomfortable and unsettling, there are some forms of ambivalence that are appropriate and responsible. Even when they seem trivial and superficial, they reveal some of our deepest values, the self-images we would like to project. In this paper, I analyze collaborative ambivalence, the kind of ambivalence that arises from our identity-forming close relationships. The sources and (...) resolutions of collaborative ambivalence reveal how much of our thinking—and so also of our motivational structure—emerges from the details of our collaborative and dialogical engagements. The imaginative skills and strategies exercised in remaining justifiably of two minds—of preserving appropriate ambivalence—are central to practical reasoning. Because these skills provide models for addressing conflicts in the public sphere, because they prompt shared deliberation, they are among the civic virtues. (shrink)

This paper draws upon contemporary feminist philosophy in order to consider the changing meaning of privacy and its relationship to identity, both online and offline. For example, privacy is now viewed by European Court of Human Rights (ECtHR) as a right, which when breached can harm us by undermining our ability to maintain social relations. I briefly outline the meaning of privacy in common law and under the European Convention on Human Rights (ECHR) in order to show the relevance of (...) contemporary feminist thought, in particular the image of selfhood that stresses its relationality. I argue that the meaning of privacy is in the process of altering as a result of a number of contingent factors including both changes in technology, particularly computer mediated communication (CMC), and changes in the status of women. This latter point can be illustrated by the feminist critique of the traditional reluctance of the liberal state to interfere with violence and injustice within the “privacy” of the home. In asking the question: “how is the meaning of “privacy” changing?” I consider not only contemporary legal case law but also Thomas Nagel’s influential philosophical analysis of privacy. Nagel’s position is useful because of the detail with which he outlines what privacy used to mean, whilst bemoaning its passing. I agree with his view that its meaning is changing but am critical of his perspective. In particular, I challenge his claim regarding the traditional “neutrality of language” and consider it in the context of online identity. (shrink)

Contemporary research ethics policies started with reflection on the atrocities perpetrated upoconcentration camp inmates by Nazi doctors. Apparently, as a consequence of that experience, the policies that now guide human subject research focus on the protection of human subjects by making informed consent the centerpiece of regulatory attention. I take the choice of context for policy design, the initial prioritization of informed consent, and several associated conceptual missteps, to have set research ethics off in the wrong direction. The aim of (...) this paper is to sort out these confusions and their implications and to offer instead a straightforward framework for considering the ethical conduct of human subject research. In the course of this discussion I clarify different senses of autonomy that have been confounded and present more intelligible justifications for informed consent. I also take issue with several of the now accepted dogmas that govern research ethics. These include: the primacy of informed consent, the protection of the vulnerable, the substitution of beneficence for research's social purpose, and the introduction of an untenable distinction between innovation and research. (shrink)

The use of organs obtained from executed prisoners in China has recently been condemned by every major transplant organization. The government of the People's Republic of China has also recently made it illegal to provide transplant organs from executed prisoners to foreigners transplant tourists. Nevertheless, the extreme shortage of transplant organs in the U.S. continues to make organ transplantation in China an appealing option for some patients with end-stage disease. Their choice of traveling to China for an organ leaves U.S. (...) transplant programs with decisions about how to respond to the needs of patients who return after transplantation. By discussing two cases that raised this dilemma, we argue for upholding medicine's commitments to traditional principles of beneficence and nonjudgmental regard in sorting out the policies that a transplant program should adopt. We also explain how position statements that aim for the high ground of moral purity fail to give appropriate weight to the needs and suffering of present and future patients in the U.S. and in China. (shrink)

Umbilical cord blood banking is one of many biomedical innovations that confront pregnant women with new choices about what they should do to secure their own and their child’s best interests. Many mothers can now choose to donate their baby’s umbilical cord blood (UCB) to a public cord blood bank or pay to store it in a private cord blood bank. Donation to a public bank is widely regarded as an altruistic act of civic responsibility. Paying to store UCB may (...) be regarded as a “unique opportunity” to provide “insurance” for the child’s future. This paper reports findings from a survey of Australian women that investigated the decision to either donate or store UCB. We conclude that mothers are faced with competing discourses that force them to choose between being a “good mother” and fulfilling their role as a “good citizen.” We discuss this finding with reference to the concept of value pluralism. (shrink)

ABSTRACT Liberal political philosophy has little of interest to say about the social liberty of the physically disabled. It accepts that the physically disabled and the able‐bodied are equally at liberty, even though the former can do far less than the latter; and it concludes that there are no interesting political statements we can make about their situation. In this essay, I assume that the physically disabled are unfree, not merely unable, to use public facilities which do not take their (...) disability into account, thereby excluding them. I criticise liberal theories of liberty by exposing and questioning the assumptions which entail the liberal theorist's rejecting this claim. I conclude that there is a form of negative liberty which does enable the liberal theorist to make political statements about the freedom of the disabled [1]. (shrink)