A number of practical aspects as well as ethical and political considerations have contributed to the advent of open-source applications in pioneering software, and subsequently to an extension of the openness principle to culture and research fields. This article explores the genealogy of open-source scientific publishing, emphasising the other variable of economic market dysfunction to show that although this has been an important factor in the development of open access, the problem has by no means been entirely resolved by this (...) new form of science dissemination. (shrink)

I describe how close attention to the process of sculpting clay from the perspective of Material Engagement Theory can create a detailed description of a mutable sense of agency and of self. First, I show that sculpting is associated with a loss of sense of agency and self. Second, that to sense agency as a systemic phenomenon creates anxiety. Third, that meaning in an art encounter develops in association with an anterospective viewpoint. Fourth, that within the logic of the extended (...) mind, emergent meaning becomes openly available for further exploration. Fifth, that artistic creativity is not an opaque process. It proceeds in a similar manner to other forms of human, sense-making activities. Finally, that playing seriously with clay can be used in an investigative manner—as a tool for material conceptualisation. (shrink)

This paper argues that the four most plausible arguments compatible with public reason for an outright legal ban on all forms of polygamy are unvictorious. I consider the types of arguments political liberals would have to insist on, and precisely how strongly, in order for a general prohibition against polygamy to be justified, while also considering what general attitude towards "marriage" and legal recognition of the right to marry are most consistent with political liberalism. I argue that a liberal state (...) should get out of the "marriage business" by leveling down to a universal status of "civil union" neutral as to the gender and affective purpose of domestic partnerships. I then refute what I regard as the four most plausible rational objections to offering this civil union status to multi-member domestic partnerships. The most common objection to polygamy is on grounds of gender equality, more specifically, female equality. But advancing this argument forcefully often involves neglecting the tendency of political liberalism (by whatever name it goes in contemporary, complex, multicultural societies) to tolerate a certain amount of inequality in private, within the bounds of robust and meaningful freedoms of choice and exit. Properly understood, polygamy involves no inherent statement about the essential inferiority of women, and certainly not more than many other existing practices and institutions (including many expressions of the main monotheistic religions) which political liberals regard as tolerable, even reasonable. Arguments from the welfare of children, fairness in the spousal market, and the abuse of family subsidies are also considered and found insufficient for excluding polygamy. (shrink)

Judgments concerning animals have arisen across a variety of established practice areas. There is, however, no publicly available repository of judgments concerning the emerging practice area of animal protection law. This has hindered the identification of individual animal protection law judgments and comprehension of the scale of animal protection law made by courts. Thus, we detail the creation of an initial animal protection law repository using natural language processing and machine learning techniques. This involved domain expert classification of 500 judgments (...) according to whether or not they were concerned with animal protection law. 400 of these judgments were used to train various models, each of which was used to predict the classification of the remaining 100 judgments. The predictions of each model were superior to a baseline measure intended to mimic current searching practice, with the best performing model being a support vector machine (SVM) approach that classified judgments according to term frequency—inverse document frequency (TF-IDF) values. Investigation of this model consisted of considering its most influential features and conducting an error analysis of all incorrectly predicted judgments. This showed the features indicative of animal protection law judgments to include terms such as ‘welfare’, ‘hunt’ and ‘cull’, and that incorrectly predicted judgments were often deemed marginal decisions by the domain expert. The TF-IDF SVM was then used to classify non-labelled judgments, resulting in an initial animal protection law repository. Inspection of this repository suggested that there were 175 animal protection judgments between January 2000 and December 2020 from the Privy Council, House of Lords, Supreme Court and upper England and Wales courts. (shrink)

Some scholars have argued that religiously injurious speech poses a serious problem for secular liberal thought. It has been suggested that secular liberal thought and political practice often misrecognize the nature of the injury involved in speech that violates the sacred and that much secular thought about religious injury (and free exercise more generally) is premised on unacknowledged Protestant conceptions of what real religion is. In this essay, I argue against the ideas that secular liberalism tends to treat religion only (...) as a matter of freely chosen belief and that the unchosen, habituated nature of much religious experience raises a problem for the defense of speech that violates the sacred. I argue that secular thought and practice should remain very concerned about the social and political harms of speech directed unambiguously at social groups but need not eliminate the gap between religious attachments and religious persons. (shrink)

In this article I take up John Rawls's invitation to investigate the capacity of a given comprehensive ethical doctrine to endorse on principled grounds the liberal terms of social cooperation. In the case of Islamic political ethics, however, far more is at stake in affirming citizenship in a (non-Muslim) liberal democracy than state neutrality and individual autonomy. Islamic legal and political traditions have traditionally held that submission to non-Muslim political authority and bonds of loyalty and solidarity with non-Muslim societies are (...) to be avoided. In this article, I examine the Islamic foundations for affirming on principled grounds residence, political obligation and loyalty to a non-Muslim state. My research shows not only that such grounds exist even in classical Islamic legal discourses, but also that the concerns of Islamic scholars vindicate political liberalism's claim to successfully accommodate the adherents of certain non-liberal doctrines by refraining from proclaiming controversial metaphysical truth-claims. (shrink)

Let Hn stand for an assembly of n grains of salt. Then the paradox of Sorites may be presented this way:H10,000 is a heap. pIf H10,000 is a heap then H10,000-1 is a heap. pH9,999 is a heap. MPH9,999 is a heap then H9,999-1 is a heap. P19998. If H2 is a heap then H2-1 is a heap. P19999. H1 is a heap. MP20000. H1 is not a heap. P20001. H1 is and is not a heap. ConA more significant example (...) of the argument results where Ht stands for a human being at time t where t=O is the present and the human being is one year old. (shrink)

"Much of the disagreement and controversy over Ramadan's significance arguably stems not from a disagreement over what he is on record as having asserted or done but from unexamined or unarticulated assumptions about liberal principles and what they demand of Muslims.".

abstract In this article I consider whether the legalization of sex‐same marriage implies a right to incestuous marriage. I begin by suggesting that the liberal state get out of the ‘marriage’ business by leveling down to a universal civil union status. The question is then whether incestuous unions should be both legal and eligible for this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally (...) registered partnerships, are quite weak. The objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first‐degree incestuous sexual relations are inherently bad enough to warrant intervention in their own right. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. (shrink)

Tariq Ramadan’s recent book, Radical Reform: Islamic Ethics and Liberation, boldly proclaims the need for Muslims to completely rethink the very meaning of Islamic law, traditionally the preeminent Islamic normative discourse and a primary distinguishing feature of Islam from other religions, replacing it with a more ecumenical applied ethics. He begins the book by rejecting the moderate reformist methods adopted in his previous books as insufficient for the ‘radical reform’ of their epistemologies and mentalities which he believes contemporary Muslims must (...) undertake. It is tempting, therefore, to see this work as a radical break with Law. In this article, I offer a different interpretation. On my reading, throughout his previous works Ramadan systematically advanced and elevated a certain interpretation of Law, based on an appropriation of certain concepts taken from mainstream Islamic legal theory and crucial to the efforts of all reformist thinkers. It is these concepts, which he retains but completely recasts, which mediate his move to a post-legal Islamic ethics. I argue that Ramadan’s long-term project neither merely abandons Islamic law, nor merely reforms it, but dissolves the framework of Law through its own devices. (shrink)

Mirror for the Muslim Prince: Islam and the Theory of Statecraft. Edited by Mehrzad Boroujerdi. Modern Intellectual and Political Theory of the Middle East. Syracuse: Syracuse University Press, 2013. Pp. xi + 465. $49.95.

Over the last twenty years, archaeologists have used various process-oriented modes of enquiry to undermine the belief that humans are special. Barad (2007) developed Bohr’s indeterminist interpretation of quantum mechanics into agential realism which offers an ontological basis for distributing agency away from humans and plays a crucial role in underwriting some posthumanist archaeological agendas. But its origins in quantum physics make agential realism difficult to understand and evaluate. Despite the challenge, the first two parts of this paper are devoted (...) to each task in turn, with limited success. Part three turns to the archaeological literature, where the evaluation of agential realism turns out to be even more inadequate and so I advise against its use in support of process-oriented approaches in archaeology. The final section turns to the activity of an art workshop and introduces a playful approach to working with clay. Clayful phenomenology is a way of investigating the relationship between gesture, material and ideation. During sculpting, phenomenological experience is not subjective, stable and external but is generated within a transient creative system where entities, ideas and agency reciprocally, emerge as ephemeral manifestations. Clayful phenomenology and agential realism are ontologically similar and both are controversial but agential realism has a wall of quantum conceptual complexity standing between it and a judgement about credibility whereas playing with clay can be assessed directly, through experience. (shrink)

In this article I consider whether the legalization of sex-same marriage implies a right to incestuous marriage. I begin by suggesting that the liberal state get out of the 'marriage' business by leveling down to a universal civil union status. The question is then whether incestuous unions should be both legal and eligible for this status. I argue that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally registered (...) partnerships, are quite weak. The objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention in their own right. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. (shrink)

If a state with liberal political and justificatory commitments extends benefits of various kinds to persons forming families, what qualifications may such a state place on the right to access to those benefits? I will make two assumptions for the purposes of this paper. The first is the political and justificatory terrain of some form of political or otherwise non-perfectionist liberalism. The assumption is that we are considering the resources and limitations of a community of persons who accept moral pluralism (...) (if not a specific doctrine like the "burdens of judgment"), some priority for individual freedom, and the obligation to justify public coercion and exclusion in terms accessible and fair to all members of morally and culturally diverse society. The second is that it is justified for a liberal state to recognize some forms of domestic partnerships or families in the first place and extend further benefits to them such as tax credits or laws extending (or facilitating the extension of) medical or social insurance. It is, of course, possible to imagine the argument that the liberal state gets out of the marriage business by getting out of it entirely - by extending no recognition or positive rights to families whatsoever beyond negative non-interference rights. I am interested in the dilemma of a society broadly like existing liberal ones which is committed both to subsidizing families and also to justificatory neutrality (expressed in American constitutional legal terms as the requirement of providing a "rational basis" for unequal treatment). Given these assumptions, I believe that the most justifiable policy on liberal grounds is not the institution of "marriage" increasingly open to new constituent relationships but rather a status of "registered domestic partnership" which fulfills the social and moral aims behind subsidizing the family but is entirely neutral not only to the gender or even to the numbers of the partners, but also to the affective and emotional content of domestic life and the purposes behind contracting domestic partnerships. So is there a right to polygamy and incestuous marriage? There is not a specific right to either and thus there is no a priori reason why some restrictions or even prohibitions on them might not be justified, but the same is true for every specific act where a general right to the freedom exists. I argue in this paper, however, that the arguments compatible with public reason for prohibiting them outright, or even for excluding them from the permissible types of legally registered partnerships, are quite weak. I argue that objections to polygamy from (1) female autonomy, (2) damage to children, (3) fairness in the marital market, and (4) the unfair burdening of society are serious and worth refuting, but do not establish a victorious case against multi-member relationships. As to incest, there are two separate questions. The first is whether the new institution of "registered domestic partnerships" should be open to them. The answer to that, given the state's lack of interest in citizens' reasons for forming partnerships and in what they do whilst being registered in one, is clearly "yes." The second is whether, entirely separate from the issue of legal recognition of domestic partnership, the state has a legitimate rational interest in deterring, preventing or punishing consanguineous sexual relations between close blood relations (first-degree incest). Here, the objections to allowing such relations are those from (1) child abuse; (2) unfair burdening of society; and (3) the creation of bad lives. I argue that while rape and other forms of child abuse would be no more legal or tolerated than they are now, the concern about any form of weakening a society's legal and political resources to combat such abuses does indeed register on the justificatory scale, but does not prove that such first-degree incestuous sexual relations are inherently bad enough to warrant intervention. I then argue that the concern about unfairly burdening society with unhealthy persons is not as dangerously totalitarian as we might initially fear, but nor is it strong enough to justify an outright prohibition. Finally, I argue that a concern to dissuade persons from creating certain kinds of lives (children with extreme birth defects) is also not as dangerously totalitarian as we might initially fear, and in fact goes further towards explaining why we might have a legitimate interest in intervening. Nonetheless, I argue that the criminalization of such acts only make sense when they are indicators of other offenses, namely negligence or abuse, and it thus seems that the act of consanguineous reproduction is itself insufficient. (shrink)

This paper introduces views both hostile to and supportive of the ideas of secularism and religious neutrality in the jurisprudence of Muslim minorities (fiqh al-aqalliyyat).

Threat avoidance involves both detection of a threatening stimulus and reaction to it. We demonstrate with empirically validated stimuli that threat detection is more pronounced among males, whereas threat reactivity is more pronounced among females. Why women are less efficient detectors of threat challenges Benenson et al.'s conceptual analysis.

I examine the way in which President Islam Karimov of Uzbekistan has attempted to legitimate authoritarian rule since the transition from communism. A comparison is made between late-Soviet modes of authoritarian legitimation and those of the Karimov regime, and the success of the project at the conceptual level is examined. The article closes with a consideration of the implications of this study for evaluating Juan J. Linz's classical thesis on the relationship between authoritarianism and ideology and some general propositions on (...) the structure of authoritarian legitimation. (shrink)

This paper examines what is involved in using comparative methods within political theory and whether there should be such a sub-field as "comparative political theory." It argues that "political theory" consists of multiple kinds of activities which are either primarily "scholarly" or "engaged." It is easy to imagine how scholarly forms of political theory can, and have been, comparative. The paper critiques, however, existing calls for the creation of "comparative political theory" (CPT) sub-field focused on the study of "non-Western" texts. (...) CPT needs to explain why it is not merely "expanding the canon" to include non-Western texts and why a certain non-Western text is "alien," thus justifying the moniker "comparative." I argue, systematically though 10 discrete theses, that the strongest warrant for an "engaged" comparative political theory is the first-order evaluation of the implication of the contestations of norms, values and principles between distinct and coherent doctrines of thought. (shrink)