The years following the end of World War II were characterised by reconstruction and regeneration, providing a rich ground for the reformation of social and educational policies and practices. Brit...

European Journal of Philosophy, Volume 30, Issue 1, Page 245-258, March 2022.

A robust, if not absolute, prohibition on treating people merely as a means seems to sit at the core of common sense deontological morality. But the principle prohibiting such treatment, the ‘means principle’ (MP), has been notoriously hard to defend: both the subjective, intention-focused and the objective, causal-role-focused interpretations of what it means to use someone as a means face potent objections. In this paper, my goal is not to defend the MP, but to articulate and defend a new principle, (...) which I call the Restricting Claims Principle (RCP), that explains why a person’s causal role is morally significant. The RCP broadens the basic frame of relevant considerations from the MP’s concern with the dyadic relationship between agent and patient to a global balance of patient-claims on an agent. It distinguishes two kinds of patient-claims that weigh in that balance: restricting and non-restricting. In most cases, these can be distinguished as follows: Restricting claims, if respected as rights, would restrict an agent from doing what she could otherwise permissibly do if the claimant (or his property) were absent; non-restricting claims, if respected as rights, would not in that way restrict an agent. Only restricting claims press to make others worse off than if the claimant were absent. The RCP holds that restricting claims must therefore be substantially weaker than non-restricting ones. The claims of those who would be used as a means are non-restricting, while the claims of those who would be harmed as a side effect are restricting. Thus the RCP can account for the same cases (mostly) as the MP, without having to rely on the MP to do so. (shrink)

This book develops an alternative account of rights according to which rights forfeiture has a much smaller role to play because rights themselves are more contextually contingent. For example, those who threaten to cause harm without a right to do so have weaker claims not to be killed than innocent bystanders or those who have a right to threaten to cause harm. By framing rights as the output of a balance of competing claims, and by laying out a detailed account (...) of how to balance competing claims, Walen provides a more coherent account of when killing in war is permissible. (shrink)

The standard of proof in criminal trials in many liberal democracies is proof beyond a reasonable doubt, the BARD standard. It is customary to describe it, when putting a number on it, as requiring that the fact finder be at least 90% certain, after considering the evidence, that the defendant is guilty. Strikingly, no good reason has yet been offered in defense of using that standard. A number of non-consequentialist justifications that aim to support an even higher standard have been (...) offered; all are morally unsound. Meanwhile, consequentialist arguments plausibly support a substantially lower standard — in some cases so low as to undermine the idea that punishment is what is at stake. In this paper, I offer a new retributive justification that supports excluding the instrumental benefits of punishment from the balance that sets the standard. The resulting balance supports a standard arguably in the ballpark of the customary understanding of BARD: a standard requiring that the fact finder have a high, though not maximally high, degree of confidence that the defendant is guilty. (shrink)

Looking back to the crisis of the Reformation and beyond, Unbelievers shows how, long before philosophers started to make the case for atheism, powerful cultural currents were challenging traditional faith. These tugged in different ways not only on celebrated thinkers such as Machiavelli, Montaigne, Hobbes, and Pascal, but on men and women at every level of society whose voices we hear through their diaries, letters, and court records. Ryrie traces the roots of atheism born of anger, a sentiment familiar to (...) anyone who has ever cursed a corrupt priest, and of doubt born of anxiety, as Christians discovered their faith was flimsier than they had believed. As the Reformation eroded time-honored certainties, Protestant radicals defended their faith by redefining it in terms of ethics. In the process they set in motion secularizing forces that soon became transformational. Unbelievers tells a powerful emotional history of doubt with potent lessons for our own angry and anxious age. (shrink)

Weaving together the great ideas of science, Reality's Frame takes us on a thrilling journey from empty space all the way to the human mind. Acclaimed science writer Brian Clegg builds up reality piece by piece, from space, to time, to matter, movement, the fundamental forces, life, and the massive transformation that life itself has wrought on the natural world. He reveals that underlying it all is not, as we might believe, a system of immovable absolutes, but the ever-shifting, (...) amorphous world of relativity. From religion to philosophy, humanity has traditionally sought out absolutes to explain the world around us, but as science has developed, relativity has swept away many of these certainties, leaving only a handful of unchangeable essentials -- such as absolute zero, nothingness, light -- leading to better science and a new understanding of the essence of being human. This is an Ascent of Man for the 21st century, the gripping story of modern science that will fill you with wonder and give you a new insight into our place in the universe. (shrink)

This paper examines the relations between, on the one hand, accounts of the distinction between an agent's identifying with, as opposed to feeling alienated from, their attitudes; and on the other, metaphysical accounts of action. It claims that a commitment to an event-causal conception of agency, which would analyse agency in terms of the causal potency of psychological states and events, appears to render mandatory a particular style of account of identification and alienation – namely, the hierarchical model offered by (...) Harry Frankfurt and Michael Bratman. It is argued that such accounts fall foul of a dilemma: the Authority Problem. The failure of attempts to avoid the Authority Problem is then used to motivate an attractive alternative style of account of the distinction, offered by Richard Moran. However, it is pressed that Moran's account rests on claims about agency which seem incompatible with the event-causal conception of agency. By making the links between the metaphysics of agency and accounts of identification and alienation more explicit, the paper allows us to better comprehend both the apparent need for and characteristic failures of some traditional accounts of identification and alienation, as well as make clear the action-theoretical debt incurred by those who would offer an alternative. (shrink)

Alec Kassman; XIV*—On Punishing, Proceedings of the Aristotelian Society, Volume 77, Issue 1, 1 June 1977, Pages 221–246, https://doi.org/10.1093/aristotelian/7.

When one is intentionally doing something, one represents that thing as a goal to be accomplished. One represents it practically. How should we characterize this practical representation further? In this paper, I argue that when one is intentionally doing something, one's representation of it as a goal to be accomplished must also be knowledge that one is intentionally doing that thing. And I argue that this knowledge must itself be one's intentionally doing that thing. I aim to show, then, that (...) insofar as representing practically just is knowing practically, it is equally acting intentionally. (shrink)

This new and expanded edition of The Logic of Real Arguments explains a distinctive method for analysing and evaluating arguments. It discusses many examples, ranging from newspaper articles to extracts from classic texts, and from easy passages to much more difficult ones. It shows students how to use the question 'What argument or evidence would justify me in believing P?', and also how to deal with suppositional arguments beginning with the phrase 'Suppose that X were the case.' It aims to (...) help students to think critically about the kind of sustained, theoretical arguments which they commonly encounter in the course of their studies, including arguments about the natural world, about society, about policy, and about philosophy. It will be valuable for students and their teachers in a wide range of disciplines including philosophy, law and the social sciences. (shrink)

Ideally, should liberals in a pluralistic society be able to agree to abide by a common legal system such that all their disputes are resolved without resort to illegal force? Rawls believes the answer is “yes.” I explain and defend his answer, but I also conclude, focusing on the example of abortion, that the truth is “not necessarily, not always.” Rawls’s conceptions of reasonable citizens and public reason help explain why there is a strong prima facie duty to forswear illegal (...) force. It is based on the duty to respect others, which requires that one be able to justify one's actions to them insofar as they are reasonable and matters of basic justice are at issue. One cannot justify using illegal force to those who reasonably think a law is just; to them it is a form of disrespect. Nonetheless, if one reasonably thinks that a fundamental injustice is tolerated or even established by the law, then one may be no less reasonable than one has reason to be if one uses illegal force, sacrificing this form of respect to right a greater wrong. (shrink)

The late Alec Nove explores the relationship between Marxist ideas and the Soviet reality and presents a methodology for understanding Soviet type societies.

According to the Doctrine of Illicit Intentions, it is impermissible both to form and then to act on an illicit intention. An intention is illicit, roughly, if it causes the agent who has it to be, in a certain way, disposed to perform actions that are impermissible. If the range of actions an agent might be directed to perform by an intention includes impermissible actions, then it may be impermissible to form or act on that intention even if, in the (...) end, the agent performs no action that is impermissible (other than forming and acting on an illicit intention itself). (shrink)

Alec Hyslop defends a (modified) version of the traditional analogical inference to other minds and rejects alternatives, but only after subjecting each of...

This new and expanded edition of The Logic of Real Arguments explains a distinctive method for analysing and evaluating arguments. It discusses many examples, ranging from newspaper articles to extracts from classic texts, and from easy passages to much more difficult ones. It shows students how to use the question 'What argument or evidence would justify me in believing P?', and also how to deal with suppositional arguments beginning with the phrase 'Suppose that X were the case.' It aims to (...) help students to think critically about the kind of sustained, theoretical arguments which they commonly encounter in the course of their studies, including arguments about the natural world, about society, about policy, and about philosophy. It will be valuable for students and their teachers in a wide range of disciplines including philosophy, law and the social sciences. (shrink)

This new and expanded edition of The Logic of Real Arguments explains a distinctive method for analysing and evaluating arguments. It discusses many examples, ranging from newspaper articles to extracts from classic texts, and from easy passages to much more difficult ones. It shows students how to use the question 'What argument or evidence would justify me in believing P?', and also how to deal with suppositional arguments beginning with the phrase 'Suppose that X were the case.' It aims to (...) help students to think critically about the kind of sustained, theoretical arguments which they commonly encounter in the course of their studies, including arguments about the natural world, about society, about policy, and about philosophy. It will be valuable for students and their teachers in a wide range of disciplines including philosophy, law and the social sciences. (shrink)

This article offers an exposition of the J. Peterman Company's Owner's Manual, a mock-vintage clothing catalogue that promises customers ‘things that make their lives the way they wish they were’. Written in dramatic, long-form prose and illustrated in watercolour – both uncommon in today's mail-order fashion industry – the Owner's Manual is at once appalling for its misogyny and enticing for its nostalgia. This article argues that the Owner's Manual and its enduring success confound existing paradigms for interpreting both fashion (...) media and the body's gendered relationship to attire. Are the Manual's millions of subscribers beset by false consciousness, imagining themselves into an oppressive sex/gender field and endorsing the catalogue's misogyny with their desire? The Manual is not fully intelligible within either structuralist or phenomenological interpretive modes – fashion theory's two most prevalent schools of thought – but, rather, begets an interpretive paradigm that forces us to reconcile individuals’ desires for, and identification into, historically mediated gender performance with the fact of individuals’ dignity, agency and autonomy. I argue that the Owner's Manual achieves this reconciliation by foregrounding sartorial objects, rather than individuals, as the bearers of gender fantasy and by demonstrating how these objects, laden with historical associations, have detached from the highly gendered contexts of their origins while nevertheless retaining aspects of their original semiotic potencies. (shrink)

The arbitral world is at a crucial point in its historical development, poised between two conflicting conceptions of its nature, purpose, and political legitimacy. Formally, the arbitrator is an agent of the contracting parties in dispute, a creature of a discrete contract gone wrong. Yet, increasingly, arbitrators are treated as agents of a larger global community, and arbitration houses concern themselves with the general and prospective impact of important awards. In this paper, I address these questions, first, from the standpoint (...) of delegation theory. In Part I, I introduce the basic “Principal-Agent" framework [P-A] used by social scientists to explain why actors create new institutions, and then briefly discuss how P-A has been applied to the study of courts. Part II uses delegation theory to frame discussion of arbitration as a mode of governance for transnational business and investment. In Part III, I argue that the International Center for the Settlement of Investment Disputes is presently in the throes of judicialization, indicators of which include the enhanced use of precedent-based argumentation and justification, the acceptance of third-party briefs, and a flirtation with proportionality balancing. Part IV focuses on the first wave of awards rendered by ICSID tribunals pursuant to Argentina's response to the crushing economic crisis of 2000-02, wherein proportionality emerged, adapted from the jurisprudence of the Appellate Body of the World Trade Organization. (shrink)

This text meets the requirements of the OCR AS specification for critical thinking. Alec Fisher shows students how they can develop a range of creative and critical thinking skills that are transferable to other subjects and contexts.

Discussions of risk have assumed that risk must be modeled the same in all cases. This is a mistake. Normally, if people know that those affected by an agent’s choice have conflicting interests, th...

We are likely to have immersive virtual reality and ubiquitous augmented reality in the coming decades. At least some people will use extended reality or “the metaverse” to work, play and shop. In order to achieve the best possible versions of this virtual future, however, we will need to learn from three decades of regulating the Internet. The new virtual world cannot consist of walled corporate fiefdoms ruled only by profitmaximization. The interests of workers, consumers and citizens in virtuality require (...) proactive legislation and oversight. -/- This white paper first addresses the central question the metaverse poses, whether virtual life is inherently more alienating and less authentic than face-to-face life experiences. This question is both a philosophical question about the nature of the good life and an empirical question about the accumulating evidence about the impacts of the digital on subjective well-being. -/- . (shrink)

Certain theorists argue that intention cannot be a wrong-making feature of actions because (a) it is morally impermissible to encourage morally impermissible actions; (b) there are certain putatively impermissible actions that seem to be impermissible because of the intention with which they are performed; and (c) at least some of these actions can permissibly be encouraged. If one accepts (a) and (c), then one should conclude that these actions cannot really be impermissible. This paper rejects the premise that it is (...) always impermissible to encourage impermissible acts. The argument explores three ways one could encourage an act that would be permissible but for its being performed with a wrong-making intention. It argues that there is at most a strong but defeasible presumption against encouraging the performance of impermissible actions. (shrink)

Although studies in organizational storytelling have dealt extensively with the relationship between narrative, power and organizational change, little attention has been paid to the implications of this for ethics within organizations. This article addresses this by presenting an analysis of narrative and ethics as it relates to the practice of organizational downsizing. Drawing on Paul Ricoeur’s theories of narrative and ethics, we analyze stories of organizational change reported by employees and managers in an organization that had undergone persistent downsizing. Our (...) analysis maintains that the presence of a dominant story that seeks to legitimate organizational change also serves to normalize it, and that this, in turn, diminishes the capacity for organizations to scrutinize the ethics of their actions. We argue that when organizational change narratives become singularized through dominant forms of emplotment, ethical deliberation and responsibility in organizations are diminished. More generally, we contend that the narrative closure achieved by the presence of a dominant narrative amongst employees undergoing organizational change is antithetical to the openness required for ethical questioning. (shrink)

Doug Husak frames a worry that makes sense in the abstract, but in reality, there is not much to worry about. The thesis that intentions are irrelevant to permissibility (IIP) is a straw man. There are reasons to think that the moral significance of intentions is not properly registered in criminal law. But the moral basis for criticism is not nearly as extreme as the IIP, and the fixes are not that hard to make. Lastly, if they are not made, (...) some people may not get the punishments they deserve, and there will be some extra inequities in the criminal law as a result. But these inequities are not so great that change must be made now. The moral categories that are used may be too crude, but they are also familiar and easy to work with, and that counts for something. (shrink)

In this empirical paper, we present a model of the dynamic legitimizing processes involved in the receiving and giving of compassion. We focus on the idea of being ‘worthy of compassion’ and show how ideas on giving and receiving compassion are highly contestable. Recognition of a worthy recipient or giver of compassion constitutes a socially recognized claim to privilege, which has ethical managerial and organizational implications. We offer a model that assists managers in fostering ethical strength in their performance by (...) encouraging reflection on the ethical complexity involved in compassion relations. The model emphasizes the dynamics of both the givers and receivers of compassion and so can also be used by organizations to both assess how others may view the legitimacy of their compassion relations and also to develop a positive organizational ethic of compassionate conduct. (shrink)

Conversation analysis is now what Kuhn once called a normal science. It has a discernible body of concepts, methods, and recognizable objects of analysis. More importantly, its considerable archive of accumulated findings has a very high degree of redundancy-in the positive sense that researchers have continually replicated the findings of their colleagues. It ought, then, in every respect, to be the envy of the social sciences generally and not easily dismissed as an abstruse and recondite branch of language studies or (...) "discourse analysis" concerned with merely trivial fragments of recorded talk as such. To help CA be respecified in this way, the present paper unearths a relatively unknown part of its history in the partial book manuscript of Harvey Sacks's "Aspects of the Sequential Organization of Conversation," circulated in mimeo to colleagues in 1970. There we find innumerable appeals to the now well-recognized fact that the practical actions of everyday talk have significant, culturewide, formal structures that are the proper objects of the discipline. Or, in Sacks's own terms, seemingly insignificant mundane events are generated by a powerful social "machinery." The purpose of this paper is, then, to extract a sample of these aspects of Sacks's "Aspects" in order to illustrate, sketch, or give a preliminary sense of just that point. (shrink)

In an earlier article, I introduced the “restricting claims principle” to explain what is right about the means principle: the idea that it is harder to justify causing or allowing someone to suffer harm if using him as a means than if causing or allowing harm as a side effect. The RCP appeals to the idea that claims not to be harmed as a side effect push to restrict an agent from doing what she would otherwise be free to do (...) for herself or others, given an appropriate account of her baseline freedom. Claims not to be harmed as a means are not in that way ‘‘restricting.’’ The original RCP relied on a counterfactual account of the agent’s baseline freedom: What could the agent permissibly do if the patient were not present? I argue here that that counterfactual baseline fails. The revised RCP relies instead on a ‘‘toolkit baseline’’: Do the patient claims concern the property the agent needs to use? This toolkit baseline reflects the different ways that agents relate to others: as fellow agents with whom they divide up the resources of the world, and as patients who might be affected by their actions. The toolkit baseline, resting on this agent-patient divide, provides a superior account of an agent’s baseline freedom, and a better account of the moral ground for the means principle. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 10.1 (2003) 99-102 [Access article in PDF] Living with Contested Knowledge and Partial Jennifer Clegg and Richard Lansdall-Welfare THESE CAREFUL AND CONSTRUCTIVE comments bring grist to our mill. Before responding to them, we observe first that they offer no substantive challenge to our thesis: ambiguities associated with meaning in the disabled life make it more likely that professional service providers will make dogmatic responses (...) to bereavement, and perhaps other essentially contested topics, responses that are defended by isolationism.Some welcome ideas came from left field to refresh our thinking, such as Colman's observations on the gendered nature of care. She reminded us that although the audit from which these cases came was established to investigate bereavement in general among adults with intellectual disability, its rough and ready sampling failed to ensure the expected range of bereavement types. Somehow the bereavements constructed as relevant for audit all transpired to concern the death of mothers. Moreover, of the six relatives who agreed to be interviewed concerning these bereavements, two were stepfathers and four were sisters. Colman underlines the invisibility of care work usually done by female family members: how wise or less wise decisions create the conditions for bereavement reactions, and how changes to care arrangements following bereavement fall most heavily on them. Traustadottir (2002) discussed the way new care initiatives often put pressure on female family members and staff to do more unpaid work. For example, Circles of Support encourages them to include people with intellectual disability in their personal social networks, without considering the personal costs. Such observations have yet to emerge from the umbrella of feminist research. Separatism has served feminism well, but issues of women and care do need to find their place in mainstream reviews.Another useful reminder from Colman is that the person with intellectual disability is not the only concern to families, although only a few adult services manage to hold wider systemic factors in mind (Clegg and Burnham 2000). If the person may make naïve comments at a funeral that would devastate family members whose needs take priority, the person will be excluded.The potency of bereavement was discussed twice. Casenave suggests that because "disability is a loss experience" bereavement resonates with it, casting some doubt onto the suggestion that our thesis generalizes to other contested topics. Reinders criticizes clinicians for being purblind to the tragic. The anonymous reviewer who questioned [End Page 99] the relevance of our discussion of the quality of "presence," a quality Reinders considers highly relevant, illustrates the point better than we can. Recognizing the way clinicians have little "patience with the notion of the tragic" encourages reflection on what other human experiences fail to capture our attention.Although these are all potentially valuable directions, we focus here on comments that may enhance our ability to work without dogma. Since at least the 1980s, clinicians in intellectual disability have criticized the discipline for using linear and univariate rather than complex and multivariate theories, and for a naïve search for magic answers (reviewed in Clegg 1993). It is our contention that little has changed, and that uncertain meaning and normalization combine to create ideal conditions for dogma. Reinders' exposition of the various uses of meaning in our article and in different linguistic and historical traditions develops a vital but neglected topic in intellectual disability, which we consider in some detail. We conclude by arguing that developments require us to distance ourselves from the universality and commonality inherent to normalization, and create new ways to appreciate particularity and diversity.The gist of Reinders' complex argument appears to be that the problems we identify in managing bereavement in intellectual disability stem from a modernist understanding of meaning that is erroneous. Implicitly, those who eschew its pursuit demonstrate the greater wisdom, because neither dialogue nor activities such as reflection can generate meaning that is unattainable. If we understand his position correctly, he contrasts two principal understandings of meaning: comprehension and apprehension.Comprehension is the illusory modernist idea that humans are agents who make sense of themselves... (shrink)

Antony Duff’s The Realm of Criminal Law offers an appealing moral reconstruction of the criminal law. I agree that the criminal law should be understood to predicate punishment upon sufficient proof that the defendant has committed a public wrong for which she is being held to account and censured. But the criminal law is not only about censoring people for public wrongs; it must serve other purposes as well, such as preventing people from committing serious crimes and more generally from (...) violating reasonable regulations. These purposes, and perhaps retributive justice, require the criminal law also to mete out harsh treatment, but only insofar as such treatments are proportional to the culpable wrong committed. The problem for the criminal law is that many mala prohibita crimes consist of a minor wrong but also call for a relatively severe punishment. To accommodate that mismatch, it is necessary to complement the criminal law, as Duff and I conceive of it, with what I call “penal law.” Penal law relies on forfeiture to explain why hard treatment is permissible. The forfeiture must be fair, and it comes with its own proportionality limits. But those limits are not as strict as the limits implicit in the criminal law. It allows for penalties that are harsher than the punishments that could justifiably be meted out for many mala prohibita offenses. One and the same act can count as a crime and a penal infraction, and one and the same criminal justice system can and should handle both crimes and the penal infractions. It is, I think, only in that way that we can accommodate both the need to prevent public wrongdoing and the distinct importance of holding people accountable for the commission of public wrongs. (shrink)

Who are we today? That deceptively simple question continued to be asked by the French historian and philosopher, Michel Foucault, who for the last three decades has had a profound influence on English-speaking scholars in the humanities and social sciences.; This text is designed for undergraduates and others who feel in need of some assistance when coming to grips with Foucault's voluminous and complex writings. Instead of dealing with them chronologically, however, this book concentrates on some of their central concepts, (...) primarily Foucault's rethinking of the categories of "discourse", "power", and " the subject".; Foucault's writings contribute collectively to what he himself calls "an ontology of the present". His historical research was always geared towards showing how things could have been and still could be otherwise. This is especially the case with respect to the production of human subjects. (shrink)