University administrators should not enforce speech codes because speech codes are generally counterproductive to a university’s educational mission. In making the case against campus speech codes, we consider and reply to four of the most prominent arguments in favor of restricting student speech. These arguments appeal to the values of harm prevention, inclusive education, relational equality, and the overall promotion of free speech. We show that speech restrictions do not effectively promote these values. We conclude that campus administrators should uphold (...) protections for freedom of expression on college campuses in order to promote a more egalitarian and inclusive learning environment. (shrink)

The fraught ideological relationship between liberalism and imperialism has been theorized primarily through the British, French, and American empires. This article moves beyond the experiences of these “great powers” by turning to Spain and its preeminent twentieth-century liberal thinker, José Ortega y Gasset. Unlike his British, French, and American counterparts, Ortega articulated liberalism not to promote or defend the forging of empire but rather to cope with the disorienting effects of its unequivocal loss in the wake of the Spanish–American War. (...) The experience of imperial loss, I argue, informed Ortega’s call for a “new liberalism” that could enable Spain’s national and cultural renewal. Reading Ortega’s thought in this context thus reveals the lasting impact that imperial dispossession can have upon certain strands of liberalism. It also suggests that, in order to fully capture the relationship between liberalism and empire, it is necessary to incorporate a wider range of historical sources and imperial trajectories. (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)

What economic conditions are necessary for us to arrive at a post-work future, and what should a post-work future look like? This chapter argues that only through the democratization of core economic institutions can we properly experiment with post-work imaginaries. I argue, based on principles of participatory autonomy and relational equality, for the democratization of workplaces, finance and investment, and the knowledge commons. Given these necessary structural changes, the possibility of a post-work future becomes a democratic choice by placing democratic (...) decision-making power in the hands of those who are directly affected by workplace decisions, investment decisions, and the collective production of knowledge. Through this democratization process, the potential to reduce working hours, the possibility of building meaningful work, and the chance to decenter work as the mechanism for economic security and meaning-making, all become subject to democratic deliberation and decision-making. (shrink)

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

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)

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.

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.

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)

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

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)

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)

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)

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)

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)

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.

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)

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)

This chapter explores collateral sanctions' awkward straddling of punitive and regulatory aims. In showing that these restrictions do not fit clearly into either category, it demonstrates the real dangers of that ambiguity. The harmful consequences of the massive, murky, ill-defined collateral-sanctions regime extend well beyond those directly affected, rendering citizens unable to judge the efficacy of such restrictions and undermining core commitments of the American political order. While many such restrictions seem quite unlikely to fulfill their purported objectives, the confusion (...) over the character and purpose of collateral sanctions actually keeps us from knowing how to judge them in the first place. (shrink)

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)

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...

Subjects in studies on humans are used as a means of conducting the research and achieving whatever good would justify putting them at risk. Accordingly, consent must normally be obtained before subjects are exposed to any substantial risks to their welfare. Bystanders are also often put at risk, but they are not used as a means. Accordingly—or so I argue—consent is more often unnecessary before bystanders are exposed to similar substantial risks to their welfare.

It may be argued that Joyce's work can be seen either as the defining text of a real and historically grounded nationhood or, conversely, as the defining text of an imaginary and ahistorical nationhood. It may in other words be viewed as either epical or Utopian—and as addressing a modernist predilection for either of those forms. But it may also be argued that Joyce's work might paradoxically be seen as both of these things and that Joyce's writing is able to (...) suspend and maintain such contradictory positions in a synthetic harmony through its uses of ambiguity and irony. Indeed, it might also be argued that Joyce herein offers the conditions of possibility of a realizable and sustainable mode of Utopianism—a .. (shrink)

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

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)

An autobiographical account of the liposome, from the perplexities of a blood smear to the growth of a multi‐million pound business.

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)

Isabel Paterson is the founding godmother of the libertarian movement, known best for her book The God of the Machine, which Ayn Rand credited for having done “for capitalism what the Bible did for Christianity.” Often overlooked is her twenty-five-year career as a literary columnist for the New York Herald Tribune. Culture and Liberty: Writings of Isabel Paterson, edited by Stephen Cox, presents a selection of those columns along with private letters and other essays. They are a treasure. Paterson’s critical (...) performances show us a systematic yet unpredictable mind at work—a model not only of the first but also of any future libertarian worthy of the name. (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 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)

The purpose of this paper is to begin to try to understand the extent to which ethnomethodology (EM) might be informed by some concepts and ideas from the work of the philosopher Martin Heidegger. This is done in two parts. The first looks at Heidegger's later work and compares his conception of the ontological difference with Garfinkel's work on the difference between EM and formal sociological analysis (FA). The second part turns to Heidegger's earlier work (around Being and Time) and (...) works through a number of affinities between the analysis of Dasein and ethnomethodological versions of everydayness. (shrink)