This is a book about the theory of the city or commonwealth, what would come to be called the state, in early modern natural law discourse. Annabel Brett takes a fresh approach by looking at this political entity from the perspective of its boundaries and those who crossed them. She begins with a classic debate from the Spanish sixteenth century over the political treatment of mendicants, showing how cosmopolitan ideals of porous boundaries could simultaneously justify the freedoms of itinerant (...) beggars and the activities of European colonists in the Indies. She goes on to examine the boundaries of the state in multiple senses, including the fundamental barrier between human beings and animals and the limits of the state in the face of the natural lives of its subjects, as well as territorial frontiers. Drawing on a wide range of authors, Brett reveals how early modern political space was constructed from a complex dynamic of inclusion and exclusion. Throughout, she shows that early modern debates about political boundaries displayed unheralded creativity and virtuosity but were nevertheless vulnerable to innumerable paradoxes, contradictions, and loose ends.Changes of State is a major work of intellectual history that resonates with modern debates about globalization and the transformation of the nation-state. (shrink)

In May 2013 a new Assisted Dying Bill was tabled in the House of Lords and is currently scheduled for a second reading in May 2014. The Bill was informed by the report of the Commission on Assisted Dying which itself was informed by evidence presented by invited experts.

In their article, “Racial Profiling,” Risse and Zeckhauser offer a qualified defense of racial profiling in a racist society, such as the contemporary United States of America. It is a qualified defense, because they wish to distinguish racial profiling as it is, and as it might be, and to argue that while the former is not justified, the latter might be. Racial profiling as it is, they recognize, is marked by police abuse and the harassment of racial minorities, and by (...) the disproportionate use of race in profiling.These, on their view, are unjustified. But, they contend, this does not mean that all forms of racial profiling are unjustified, even in a racist society, or that one has to be indifferent to the harms of racism to believe that this is so. Indeed, one of the aims of their article is to show that racial profiling, suitably qualified, “is consistent with support for far-reaching measures to decrease racial inequities and inequality” (p. 134), and so to challenge the assumption that “arguments in support of profiling can speak only to those who callously disregard the disadvantaged status of racial minorities.” In a long and provocative article there is, inevitably, a great deal to discuss. However, I will concentrate on two claims about the harms of racial profiling advanced on page 146, both because these merit careful discussion and because they are critical to Risse and Zeckhauser’s argumentative strategy. Those two claims are (1) that “the harm caused byprofiling per se is largely due to underlying racism” and is, therefore, purely expressive; and (2) that “the incremental harm done by profiling often factors into utilitarian considerations in such a way as to support profiling.” We can call the first the expressive harm thesis and the second the incremental harm thesis. I am no expert on racial profiling, or on racism, however, I will suggest that these two theses are far more controversial than Risse and Zeckhauser assume, and point to serious difficulties with their justification of profiling. (shrink)

Léontine Zanta (1878-1942) est la première femme française docteure en philosophie. Transgression symbolique, popularité médiatique, la reconnaissance d'une femme philosophe ne s'était jamais présentée comme telle sous la République. Si son caractère de pionnière résonne comme une évidence, à tel point que la doctoresse inspirera même la jeune Simone de Beauvoir dans son désir d'étudier la philosophie, pourquoi a-t-elle alors été oubliée de nos mémoires? Une enquête intellectuelle, dont cette biographie est le résultat, était donc nécessaire pour nous mettre face (...) à ce destin déroutant. (shrink)

The ethical conduct of research rests largely on researchers, and as such, an understanding of how they perceive and enact their role in research is paramount. However, the literature around ethics and research mostly focuses on researchers’ perception of Research Ethics Boards roles and functions. To fill that gap, we analyzed the perceptions of researchers, REB members, and influential parties about researchers’ role in the ethical conduct of research through discourse analysis. Three discourses emerged: researchers as reflective practitioners, protectors of (...) participants, and technicians. Understanding the commonalities and differences among the discourses may foster a shared and compelling institutional research culture. (shrink)

Dynamic, interactive sports require athletes to identify, pick-up and process relevant information in a very limited time, in order to then make an appropriate response. Perceptual-cognitive skills are, therefore, a key determinant of elite sporting performance. Recently, sport scientists have investigated ways to assess and train perceptual-cognitive skills, with one such method involving the use of blurred stimuli. Here, we describe the two main methods used to generate blur and then review the current findings in a sports context. Overall, it (...) has been shown the use of blur can enhance performance and learning of sporting tasks in novice participants, especially when the blur is applied to peripheral stimuli. However, while intermediate and expert level participants are relatively impervious to the presence of blur, it remains to be determined if they are positive effects on learning. In a final section, we describe some of the methodological issues that limit the application of blur and then discuss the potential use of virtual reality to extend the current research base in sporting contexts. (shrink)

This article argues that Camus’s thinking, as expressed in his works of fiction and non-fiction, is based upon a contradiction between his determination to reconcile politics and ethics and his belief that they irrefutably contradict each other. Throughout his career, Camus’s concerns never diverged from his aporetic attempt to reach an ‘agreement’ between two concepts he regarded as incompatible: justice and freedom. This article demonstrates how this basic aporia led Camus to an original - albeit rather hopeless - view of (...) the human condition. It illustrates how Camus’s aporia led him to define the role of thinkers in terms of public criticism and argues that in today’s sociopolitical reality Camus’s aporia can neither be dismissed, nor overcome. (shrink)

This paper explores issues of abstraction and space in Sande Zeig's movie The Girl (2001), based on a novella by Monique Wittig, who also co-wrote the script. It argues that, with this movie, Zeig and Wittig strive to re-materialize the lesbian body abstracted by the ‘Straight Mind’ as defined by Wittig in her 1980 essay. The plot revolves around the love affair of two women, the narrator and the Girl (a lesbian painter and a straight B-grade jazz singer), under the (...) oppressive scrutiny of the Man (the Girl's boss). Each part of this paper corresponds to one space where the characters interact: first, it shows how the nightclub stands as a space of transgression for the lesbian subject and how it opens a reflection on temporality as represented by space; then the analysis of the hotel room where the Girl lives and meets the narrator demonstrates how, notably through the use of close-ups in erotic scenes, Zeig redefines abstraction as a new way to envisage the materiality of the lesbian body; finally, in the third part, the discussion on abstraction moves on to the narrator's studio where, through her work as a painter, she also explores abstract representations of the female body. This approach reconciles Wittigian theory with post-modern queer theory, and confirms that the former still offers paths to positive reformulations of modes of relationality through the de-spatialization of gender – de-genderization; the rematerialization of the body outside of heteronormative conventions; and a reconfiguration of human relationships that refuses the inevitability of social and amorous hierarchy, and that shifts the representation of the erotic from possessiveness to disinterested reciprocity. (shrink)

One puzzling result in training-test paradigms is that effects of reward-associated stimuli on attention are often seen in test but not in training. We focus on one study, where reward-related performance benefits occur in the training and which was discussed contentiously. By using a similar design, we conceptually replicated the results. Moreover, we investigated the underlying mechanisms and processes resulting in these reward-related performance benefits. In two experiments, using search tasks and having participants perform the tasks either with or without (...) individually adjusted time pressure, we disentangled the mechanisms and processes contributing to the reward-related benefits. We found evidence that not only search efficiency is increased with increasing reward, but also that non-search factors contribute to the results. By also investigating response time distributions, we were able to show that reward-related performance effects increased as search time increased in demanding tasks but not in less demanding tasks. Theoretical implications of the results regarding how reward influences attentional processing are discussed. (shrink)

"Annabelle Lever montre très bien à quel point une vie accomplie est aussi une vie privée." - Gil Delannoi, Sciences Po "La nature et l'étendue de nos droits à la vie privée est une des questions centrales de notre époque. Dans ce livre accessible et agréable à lire, Annabelle Lever examine ce que signifie la vie privée et les liens complexes que celle-ci entretient avec la démocratie. Lever offre une contribution remarquable à notre compréhension de l'importance de la vie privée (...) pour les sociétés démocratiques, en révélant non seulement sa valeur mais, aussi, les coûts qu'elle engendre. " - Jonathan Wolff, University College London. (shrink)

Liberal egalitarians such as Rawls and Dworkin, insist that a just society must try to make sure that socio-economic inequalities do not undercut the value of the vote, and of other political liberties. They insist on this not just for instrumental reasons, but because they assume that democratic forms of political participation can be desirable ends in themselves. However, compulsory voting laws seem to conflict with respect for reasonable differences of belief and value, essential to liberal egalitarians. Nor is it (...) clear that such laws would actually achieve their intended purpose. Consequently, it is doubtful that there is a ‘liberal defence of compulsory voting’, as Lacroix, among others, maintains. (shrink)

From climate change forecasts and pandemic maps to Lego sets and Ancestry algorithms, models encompass our world and our lives. In her thought-provoking new book, Annabel Wharton begins with a definition drawn from the quantitative sciences and the philosophy of science but holds that history and critical cultural theory are essential to a fuller understanding of modeling. Considering changes in the medical body model and the architectural model, from the Middle Ages to the twenty-first century, Wharton demonstrates the ways (...) in which all models are historical and political.0Examining how cadavers have been described, exhibited, and visually rendered, she highlights the historical dimension of the modified body and its depictions. Analyzing the varied reworkings of the Holy Sepulchre in Jerusalem-including by monumental commanderies of the Knights Templar, Alberti's Rucellai Tomb in Florence, Franciscans' olive wood replicas, and video game renderings-she foregrounds the political force of architectural representations. And considering black boxes-instruments whose inputs we control and whose outputs we interpret, but whose inner workings are beyond our comprehension-she surveys the threats posed by such opaque computational models, warning of the dangers that models pose when humans lose control of the means by which they are generated and understood. Engaging and wide-ranging, 'Models and World Making' conjures new ways of seeing and critically evaluating how we make and remake the world in which we live. (shrink)

According to Mathias Risse and Richard Zeckhauser, racial profiling can be justified in a society, such as the contemporary United States, where the legacy of slavery and segregation is found in lesser but, nonetheless, troubling forms of racial inequality. Racial profiling, Risse and Zeckhauser recognize, is often marked by police abuse and the harassment of racial minorities and by the disproportionate use of race in profiling. These, on their view, are unjustified. But, they contend, this does not mean that all (...) forms of racial profiling are unjustified; nor, they claim, need one be indifferent to the harms of racism in order to justify racial profiling. In fact, one of the aims of their paper is to show that racial profiling, suitably understood, “is consistent with support for far-reaching measures to decrease racial inequities and inequality.” Hence, one of their most striking claims, in an original and provocative paper, is that one can endorse racial profiling without being in any way indifferent to the disadvantaged status of racial minorities. In an initial response to these claims, I argued that Risse and Zeckhauser tend to underestimate the harms of racial profiling. I suggested two main reasons why they did so. The first is that they tend to identify the more serious harms associated with profiling with background racism, and therefore to believe that these are not properly attributable to profiling itself. The second reason is that they ignore the ways in which background racism makes even relatively minor harms harder to bear and to justify than would otherwise be the case. Hence, I concluded, racial profiling cannot be a normal part of police practice in a society still struggling with racism, although under very special conditions and with special regulation and compensation in place, it might be justified as an extraordinary police measure. I want to stand by those claims. However, Risse’s response to my arguments persuades me that I misinterpreted his earlier position in one significant respect. So I will start by explaining what interpretive mistake I believe that I made. I will then argue that despite Risse’s patient and careful response to my arguments, my initial concerns with his justification of profiling remain valid. -/- . (shrink)

The Defender of the Peace of Marsilius of Padua is a massively influential text in the history of western political thought. Marsilius offers a detailed analysis and explanation of human political communities, before going on to attack what he sees as the obstacles to peaceful human coexistence - principally the contemporary papacy. Annabel Brett's authoritative rendition of the Defensor Pacis was the first new translation in English for fifty years, and a major contribution to the series of Cambridge Texts: (...) all of the usual series features are provided, included chronology, notes for further reading, and up-to-date annotation aimed at the student reader encountering this classic of medieval thought for the first time. This edition of The Defender of the Peace is a scholarly and a pedagogic event of great importance, of interest to historians, political theorists, theologians and philosophers at all levels from second-year undergraduate upwards. (shrink)

Hobbes's relation to the later Aristotelian tradition, in both its scholastic and its humanists variants, has been increasingly explored by scholars. However, on two fundamental points (the naturalness of the city and the use of the matter/form distinction in the political works), there is more to be said in this connection. A close examination of a range of late Renaissance commentaries on Aristotle's Politics shows that they elucidate a picture of pre-civic human nature that had (contrary to Hobbes's implication) much (...) in common with that of Hobbes. Moreover, they deployed the matter-form distinction in their analysis of the city or civitas in ways that are in important respects similar to Hobbes's procedure in De cive and Leviathan . The paper concludes that Hobbes drew on this tradition in multiple ways while at the same time undermining some of its principal conclusions; Hobbes was in no sense an 'Aristotelian' even if his philosophy has substantial debts to Aristotelianism. (shrink)

Carol Pateman has said that the public/private distinction is what feminism is all about. I tend to be sceptical about categorical pronouncements of this sort, but this book is a work of feminist political philosophy and the public/private distinction is what it is all about. It is motivated by the belief that we lack a philosophical conception of privacy suitable for a democracy; that feminism has exposed this lack; and that by combining feminist analysis with recent developments in political philosophy, (...) we can meet the philosophical and political need for a distinctively democratic conception of privacy. This book then, is an effort to sketch and defend such a conception of privacy. It aims to show that while some conceptions of privacy are inconsistent with democracy, others are not. Indeed, the book asserts, the belief that privacy can be valuable and that it can justify basic legal rights, is implicit in a democratic conception of persons as free and equal beings, and a democratic conception of politics as the self-governing, or regulating, activity of such individuals. Just as we can and should reject undemocratic conceptions of the suffrage in favour of democratic ones, so the book maintains, we can and must reject undemocratic conceptions of privacy in favour of ones that reflect the moral equality of men and women, and a commitment to democratic forms of government. Democracy is often described as government by and for the people. On such a view, democracy is a political regime which can be contrasted with monarchies or aristocracies on the one hand, or with theocracies and despotisms on the other. By contrast with the former, it is a form of government that views individuals as citizens and as equal members of the agency which authorizes the use of political power. By contrast with the latter, it is a form of government whose purposes and aims are established by the common interests of individuals, conceived as free and equal citizens. It is my contention that there is a plausible and attractive conception of privacy implicit in this view of democracy. Hence, I show that individuals have fundamental interests in privacy because privacy enables them to participate in politics freely and as the equal of others and, beyond that, to lead lives that they can each affirm to be reasonable, valuable and right. As I think that the ideal of democratic government is properly associated with this latter and broader goal, as well as with the former one, I call my account of privacy a democratic conception of privacy to signal its connection to a particular ideal of politics, and to the conception of persons that makes this ideal a convincing and inspiring one. As this is a work of political philosophy, however, no effort is made to address the legal merits of competing accounts of the right to privacy, or to resolve legal dispute about the content and justification of particular constitutional rights in the United States. Thus, while I use Supreme Court decisions and works of legal theory to illustrate and support my arguments, my use of these materials is governed by philosophical concerns and my conclusions, therefore, are strictly of a philosophical, not a legal, nature. The book is divided into four chapters, moving from feminist criticisms of privacy to an engagement with the philosophical literature on privacy and an account of the right to privacy in a democratic society. It proceeds as follows. In Chapter 1, I examine feminist concerns about privacy, through a close reading of the work of Catherine MacKinnon. I argue that MacKinnon persuasively shows that protection for privacy has frequently licensed the coercion and subjection of women, and that her arguments are supported both by feminist scholarship, key Supreme Court decisions, and by familiar conceptions of privacy and equality. However, I argue, these criticisms do not imply that privacy, like slavery, can never be democratic, because wholly inconsistent with the equality of individuals. Rather, feminist criticisms of privacy suggest that privacy, like the suffrage, can be necessary to the equality of women and can have a legitimate and important place in a democratic society. In Chapter 2, I examine the philosophical literature on privacy in light of the need to distinguish democratic from undemocratic accounts of its nature and value. This literature, I show, can help us to provide an account of privacy that is sensitive both to its inegalitarian aspects and to its importance for a democratic commitment to the freedom and equality of women. However, I argue, we cannot embrace current philosophical accounts of privacy uncritically, because to a striking extent they are, themselves, indifferent to the ways that privacy has licensed sexual inequality. Thus, in Chapter 2, I set about interpreting privacy as a moral and political value, in light of the strengths and weaknesses of the philosophical literature on privacy. Their strength is that they show that there are many reasons for caring about privacy, or many ways in which we might define it as a democratic value. Their weakness is that they tend to assume that we must choose amongst these different conceptions of privacy, in order to provide a philosophically cogent account of privacy. This, I show, is a mistake and one that can be remedied by remembering that a commitment to the equality of individuals requires us to acknowledge the reasonable differences in value and interest that may characterize their relations in a democracy. When we do so, I show, it is possible to define privacy in terms of its protection for self-definition, intimacy and confidentiality, without having to choose between the three of them. For individuals may legitimately disagree about the differences between privacy and other values, even while holding that privacy is a distinctive and important democratic good; and they may also disagree about the importance of privacy compared to other goods, such as equality, without denying that self-definition, intimacy and confidentiality can be morally and politically desirable in a democracy. In Chapter 2, therefore, I show that we can provide a philosophically adequate account of what privacy is and why it is valuable without supposing that privacy is always sexually egalitarian, or denying that it has a distinctive place in a democratic conception of value. Chapter 3 then extends this account of privacy, by considering the justification for a legal right to privacy. Just as we cannot provide a democratic conception of privacy without attending to the different, though equally valid, concerns that individuals may have so, I show, we cannot provide a democratic account of privacy rights if we forget that individuals can, quite reasonably, differ in the importance that they attach to privacy. The result, I argue, is that we can distinguish two main reasons for protecting privacy by right in a democracy, the one personal and the other political. Whereas the former emphasizes the importance of self-definition, intimacy and confidentiality to the personal freedom and equality of individuals, the latter emphasizes their importance to their prospects for voluntary and equal participation in the processes of collective choice and deliberation that define a democratic government. These two justifications of privacy rights reflect the fact that in a democracy the personal can be political, as feminists have insisted, but need not be in order to merit protection by right. Indeed, I argue, we can distinguish democratic from undemocratic accounts of the right to privacy in this way: for whilst the former acknowledge the variety of individuals’ interests in personal and collective choice, the latter either collapse the political into the personal, or assume that the legitimate claims of individuals are merely a function of collective needs, interests and values. Neither of these is consistent with familiar assumptions about the nature and justification of democratic institutions and rights, nor can they be reconciled with a commitment to sexual equality. Thus, I conclude, though the fact that there are different justifications for privacy rights in a democracy means that individuals may legitimately disagree over the content and justification of basic rights, it is wrong to confuse democratic debate with moral or conceptual confusion and so, arbitrarily, to truncate our accounts of privacy, equality and democracy. Finally, in Chapter 4, I test and develop these claims by examining the justification for abortion rights in a democracy. I argue that women have legitimate interests in abortion, as well as in bearing children, because they have fundamental, and legitimate, interests in privacy and equality. Although safe and legal abortion is necessary to sexual equality, as feminists claim, I show that we can provide a convincing and democratic account of women’s claims to abortion only if we recognize women’s interests in self-definition, intimacy and confidentiality. This is because women have both personal and political interests in abortion and we will be unable adequately to identify these if we overlook their interests in privacy. Indeed, I show, the difference between democratic and undemocratic solutions to conflict over abortion lies precisely in this: that whereas the former acknowledge the importance of privacy to the personal and political equality of women, the latter overlook or deny this. As a result, the latter license both mandated abortions, although women have legitimate interests in bearing and raising children, and prohibitions on abortion that cannot be reconciled with the freedom and equality of women. That is not to say that abortion is not a politically significant matter, or that we can resolve moral conflict over abortion simply by giving women a legal right to abortion. Neither is the case. However, the chapter shows, in a democracy individuals are entitled to make morally and politically controversial decisions for themselves not simply because this is expedient or useful, but because this is right. To overlook this feature of democracy, I argue, is to make moral and political conflict utterly intractable by democratic means. Thus, while controversy over abortion has been held to show that privacy is an incoherent and undemocratic right, this chapter argues that it shows the reverse: for controversy over abortion makes clear that privacy is essential to democracy, and why this should be so. This overview of the book, I hope, makes clear that its concerns are methodological as well as substantive, and moral as well as political. Thus, its central methodological claim is that we cannot reconcile privacy with the equality of individuals unless we make a deliberate effort to do so. Its central moral and political claims are that privacy is compatible with the equality of individuals, and sufficiently important to the latter that, in a democracy, the privacy of individuals merits legal protection by right. However, this summary of the book also exposes its limitations. Chief amongst these, I fear, is that it provides no sustained discussion of the place of property on a democratic conception of privacy, and that the latter, itself, is rather a broad preliminary sketch than a polished and detailed portrait. I regard these limits on the scope and arguments of the book as limitations, albeit ones that I hope to be able to remedy before too long.However, limited though the book clearly is, I believe that it lays out the essential components of a democratic conception of privacy and that, by analysing and synthesizing several diverse bodies of literature, it may help those who are interested in the relations between privacy, equality and democracy. (shrink)

Résumé Nous posons dans cet article que l’humour dans le discours publicitaire est un mécanisme privilégié de la communication multicanale et plurisémiotique pour transformer le discours marchand en pratique communicationnelle agissante. Dans son rapport à une normativité donnée comme potentiellement divergente, il est mobilisé dans le double objectif de construire un ethos décalé, identifiable et mémorisable pour le locuteur-annonceur, et de produire du plaisir intellectuel pour susciter la connivence du récepteur, qui devient ainsi co-énonciateur. Est alors interrogée la sémiosis de (...) ce discours publicitaire dont chaque élément est porteur de signification aux yeux du récepteur lors de l’acte d’énonciation. Par la lecture connivente que le processus induit, l’acte humoristique comme acte de parole du côté de la production vise ensuite à s’actualiser en acte d’achat proprement dit du côté de la réception. (shrink)

The visual system is known to extract summary representations of visually similar objects which bias the perception of individual objects toward the ensemble average. Although vision plays a large role in guiding action, less is known about whether ensemble representation is informative for action. Motor behavior is tuned to the veridical dimensions of objects and generally considered resistant to perceptual biases. However, when the relevant grasp dimension is not available or is unconstrained, ensemble perception may be informative to behavior by (...) providing gist information about surrounding objects. In the present study, we examined if summary representations of a surrounding ensemble display influenced grip aperture and orientation when participants reached-to-grasp a central circular target which had an explicit size but importantly no explicit orientation that the visuomotor system could selectively attend to. Maximum grip aperture and grip orientation were not biased by ensemble statistics during grasping, although participants were able to perceive and provide manual estimations of the average size and orientation of the ensemble display. Support vector machine classification of ensemble statistics achieved above-chance classification accuracy when trained on kinematic and electromyography data of the perceptual but not grasping conditions, supporting our univariate findings. These results suggest that even along unconstrained grasping dimensions, visually-guided behaviors toward real-world objects are not biased by ensemble processing. (shrink)

This paper discusses the creation and use of the new Macquarie Laws of War Corpus. The corpus consists of the 110 documents of international war law stored in the International Committee of the Red Cross treaties database, starting with the 1856 Declaration Respecting Maritime Law and ending with the most recent amendment to the Rome Statute. The new MQLWC is hosted at the Sydney Corpus Lab, via its CQWeb interface, which allows for searching of frequencies, concordance lines, and collocations. The (...) corpus can also be downloaded for offline processing in other popular concordance programs, such as #Lancsbox and AntConc. This paper introduces the corpus, describes the process of assembling the data, and explains its limitations. The paper then demonstrates some of the ways the data can be explored using the concept of 'military necessity'. The MQLWC contributes to the growing use of corpus linguistics in legal studies, and will be of particular relevance to scholars in the field of international war law. (shrink)

What role should rights play in feminist politics and the quest for equality? This article examines Wendy Brown's response to that question in her 'suffering rights as paradoxes' and shows that for all its merits, it draws our attention away from the central question of how to describe women's interests, given the many differences amongst women.

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of solitude, intimacy and confidentiality and shows that, so described, people have legitimate interests in privacy. These interests are both personal and political, and provide the grounds for two different justifications of privacy rights. Though both are based on democratic concerns for the freedom and equality of individuals, these two justifications for privacy (...) can be distinguished because the one is principally concerned with protecting the personal freedom and equality of individuals, while the other is principally concerned with their political equivalents. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, interpreting the content and justification of privacy rights in light of the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

This article focuses on the political 'effect' that Arendt wished to achieve with her 'old-fashioned storytelling'. It is argued that she inherited her concept of the 'redemptive power of narrative' (Benhabib) from Walter Benjamin. The close relationship of the two intuitively suggests an affinity between Arendt's concept of a 'fragmented past' and her 'storytelling' and Benjamin's conception of history and narrative. An attempt is made here to determine the amplitude and the meaning of this proximity. An account is provided of (...) Benjamin's and Arendt's shared belief that the past is fragmented and that only fragmented writing, mainly in the form of 'stories', had the capacity to be faithful to its 'ruins'. It is argued that for both Arendt and Benjamin, the purpose of this writing form was not to commemorate the dead, but to show their absence - their invisibility. It is suggested that Arendt and Benjamin held a similar conviction: that stories had the capacity to save the world. Key Words: Arendt • Benjamin • catastrophe • experience • fragmented past • imagination • remembrance • revelation • standpoint of the defeated • storytelling. (shrink)

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people's freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

Objective The objective of this article is to provide an ethical analysis of a high-risk, advanced treatment case where the patient received transcatheter aortic valve insertion, for aortic valve stenosis. Particular emphasis will be placed upon the significance of evidence and the implications for priority setting. Method One paradigmatic case involving a TAVI patient from a large university hospital in Norway is described and analysed. The method used was ethical case analysis modified after Kymlicka by Miljeteig et al. Perioperative mortality (...) risk was estimated using the Euroscore risk-logarithm and the Society of Thoracic Surgeons’ risk model, STS. These predict the risk of operative mortality and morbidity associated with adult cardiac surgery. GRADE, the Grading of Recommendations Assessment, Development and Evaluation, was used to evaluate the evidence. Results In the case analysis, we found that it would be ethically justifiable not to recommend TAVI treatment for this patient. Although the patient had a severe condition in need of treatment, the expected improvement was marginal, the quality of evidence was low and the opportunity costs for other patients and society were higher than usually deemed appropriate. Conclusions Decision-making in the absence of high quality evidence from randomized trials is a complex process involving difficult ethical judgments. Novel high-risk devices often enter the European market with limited clinical evidence. Transparency and improved clinical evaluation are required so patient safety is not jeopardized. We argue that implementation of high risk, high cost interventions should be better regulated at a national level. Background All clinical decisions imply priority setting and therefore indirectly affect other patients and other patient groups. The use of expensive, innovative health technologies has an affect on individual patients as well as on other patient groups competing for the same resources. (shrink)

This paper focuses on the relationships that Derrida establishes between three analytic discussions and three autoimmunities. The analytic discussions are (1) the antinomy of hospitality, related to what happens when the subject faces demands from strangers; (2) the antinomy of the death penalty, related to the meeting between the right to life and the right to end the life of another; (3) the antinomy of animality related to laws and what lies beyond them. The autoimmunities are (1) the autoimmunity of (...) inclusion: democracy is open only to its sovereign citizens while it claims to welcome all who are excluded; (2) the autoimmunity of rights and liberties: in liberal democracy, rights and liberties are meant to challenge sovereignty’s absolutism, but any attack on sovereignty is an attack on rights and liberties; (3) the autoimmunity of globalization: for democracy to work it requires protection provided by a supersovereignty, which limits the sovereignty of states, and hence, democracy. The paper follows Derrida’s connections between the questions of hospitality, the death penalty, and animality on the one hand, and the autoimmune aspects of democratic politics on the other, to argue that his deconstruction of democracy is an ethicization of democracy activated by the concept of sovereignty, and a deconstruction of sovereignty via ethics. (shrink)

This is a frustrating book: on the one hand, it promises a new outlook on the philosophy of privacy, based upon the work of Luciano Floridi and Baruch Spinoza, which is a welcome extension of the sources used to think about privacy in contemporary political philosophy; on the other hand, it virtually ignores the existing literature on the philosophy and law of privacy. As the presentation of the legal and philosophical issues tends to be schematic, it is quite difficult to (...) know what the book offers by way of additions and corrections to the larger literature on privacy. The book has a bibliography after each chapter, which makes it hard to assess the sources overall, and to find references, unless you remember the chapter in which they occurred. This reinforces the sense that what is presented as a monograph is really a set of independent essays or lectures which, while individually interesting, do not give the reader a clearer sense of the way legal and philosophical issues about privacy fit together. [First paragraph]. (shrink)

What can philosophy tell us about ethics and public policy? What can the ethics of public policy tell us about philosophy? Those are the questions that Jonathan Wolff addresses in his wonderful little book. At one level, of course, the answer is straightforward – ethics is a branch of philosophy, so philosophy can tell us about the ethics of public policy, understood as a matter of deciding ‘what we should do’ in a manner that is institutionalised and collectively binding. But (...) at another level, as Wolff shows, there is something deeply puzzling about the idea that philosophy can tell us anything very useful about public policy and about the ethical dilemmas that it raises. Those dilemmas arise as a result of political constraints, struggles and resources which generally have little to do with philosophy and, for the most part, rather little to do with ethics. So what, exactly, should philosophers expect from an engagement with public policy? (shrink)

The common opposition between the imaginary and the real prevents us from genuinely understanding either one. Indeed, the imaginary embodies a certain intuitive presence of the thing and not an empty signitive intention. Moreover it is able to compete with perception and even to offer an increased presence, a sur-real display, of the things, as shown by Merleau-Ponty’s analyses of art in Eye and Mind. As a result, we have to overcome the conception according to which the imaginary field is (...) a mere figment of my imagination, a mental entity that I could still possess in the very absence of its object. On the other hand, the presence of reality is never complete or solid: “The transcendence of the far-off encroaches upon my present and brings a hint of unreality even into the experiences with which I believe myself to coincide.” Therefore, first, the imaginary has to be redefined as a special hovering modality of the presence of the beings themselves. Second and furthermore: is not the imaginary always intertwined with perception? Merleau-Ponty advocates the puzzling thesis that there is an “imaginary texture of the real.” What is the meaning of this assertion? To what extent will it be able to blur the classical categories without arousing confusion? Can we avoid reducing reality to illusion? Lastly, consistently followed, this reflection leads as far as to discover, in the imaginary mode of being, an ontological model, the canon enabling Merleau-Ponty to think Being, an “Oneiric Being.” Thus we will venture the apparently paradoxical contention that the imaginary is the fundamental dimension of the real. The notion of “fundament” becomes indeed problematic and receives an ironical connotation, however this is precisely what is at stake in a non-positivist ontology. Existence “lies” in a ghost-like, sketchy and unsubstantial ground, in a restlessly creative being that is open to creative interpretations. And there it finds the principle of the ever-recurring crisis that both tears it apart and makes it rich in future promise. (shrink)

In this essay, I compare the meaning of political representation in Hobbes? Leviathan and Corneille's Cinna. For both authors, a monarch is a ?representer? and representation is a necessary condition of effective sovereignty. However, the term ?representation? means something entirely different in Hobbes and in Corneille. For the former, it means acting and speaking in the name of a multitude and in its absence; for the latter, it means acting and speaking in the presence of a political public, with the (...) intention to impress this audience. I would like to argue that our late modern (or postmodern) conception of sovereignty can be seen as being (unconsciously) based on the conjunction of Hobbes? and Corneille's different notions of representation. (shrink)

Husserl’s phenomenology entails the absolute thesis that there could not be a world without a subject. My intention in this paper is to show that the consistent development of a phenomenological approach can establish that such a transcendental subject must be defined as a fundamental open intersubjectivity and more radically as interanimality. I intend to demonstrate that anthropomorphism cannot be a serious threat and that Einfühlung [empathy] is a valid method for studying animality. In this regard, I will contrast a (...) Husserlian-inspired and a Merleau-Pontian approach with Heidegger’s reflections on animals. This method will allow me to study the intertwinement between humans and other animals. On the one hand I will show that we necessarily find animality within us, in the latent multiplicity of a body which is built through introjections and projections. On the other hand I will wonder if it is possible to decenter ourselves into other living beings so as to sense what they think and to build a world with them. It will then appear, through a reflection on Merleau-Ponty’s The Visible and the Invisible as well as on recent ethological studies, that openness to the other and to indeterminacy is an essential characteristic of animals in general. (shrink)

In this paper, I argue that Arendt's understanding of freedom should be examined independently of the search for good political institutions because it is related to freedom of movement and has a transnational meaning. Although she does not say it explicitly, Arendt establishes a correlation between political identities and territorial moves: She analyzes regimes in relation to their treatment of lands and borders, that is, specific geographic movements. I call this correlation a political itinerary. My aim is to show genealogically (...) that her elaboration on the regimes of ancient, modern, and 'dark' times is supported by such a correlation. I read Arendt in light of the current clash between an amorphous global political identity (and 'new' international order) and the renewal of nationalisms. I show that, for Arendt, the world is divided by necessary frontiers - territorial borders and identity frames - and that the political consists precisely of the effort to transgress them. Arendt never proposed a restoration of authority but, on the contrary, a worldwide anarchic (that is, based on no predetermined rule) politics of de-localization and re-localization; in her terms, a politics of free movement of founded identities, a cosmopolitanism, which, nevertheless, would have nothing to do with global sovereignty. (shrink)