There is a thesis that legal rules need to be made public because people cannot guide their conduct by rules they cannot know. This thesis has been a mainstay of anti-positivism and the controversy over it continues apace. However, positivism can accommodate the secret laws thesis. The deeper import of the debate over secret laws concerns our understanding of law's nature. In this regard secrecy merits attention as a candidate necessary connection between law and immorality. In addition the mediating role (...) of lawyers as experts in ascertaining the law should be highlighted. It has been widely overlooked despite the fact that lawyers are criterial in Hart's concept of law. (shrink)

En quoi les directives anticipées sont-elles normatives? En quoi ces écrits censés exprimer la volonté d’une personne à t1, devraient-ils être respectés par les soignants à t2? Pour répondre, nous analysons les directives anticipées pour la fin de vie comme un acte de langage. Nous proposons d’y voir une ascription, au sens où H. L. A Hart a forgé le concept d’ ascription de responsabilité et de droits. Il se pourrait qu’une telle analyse aide à sortir de l’ornière du (...) dilemme entre paternalisme et autonomisme, et à contourner les questions métaphysiques sur l’identité personnelle. À la lumière des thèses de Hart et de ses principales critiques, nous considérons l’ascription d’un droit du patient, l’ascription de sa volonté et l’ascription des responsabilités pour l’acte effectué par les soignants d’après les directives. (shrink)

This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century. -/- The book brings together contributions from seventeen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that (...) were tackled by Hart, some essays including extended critical discussions of his major works: The Concept of Law, Punishment and Responsibility, Causation in the Law and Law, Liberty and Morality. All the main topics of Hart's philosophical writings are featured: general jurisprudence and legal positivism; criminal responsibility and punishment; theories of rights; toleration and liberty; theories of justice; and causation in the law. (shrink)

One of the twentieth-century's most exciting and challenging intellectuals, Gilles Deleuze's writings covered literature, art, psychoanalysis, philosophy, genetics, film and social theory. This book not only introduces Deleuze's ideas, it also demonstrates the ways in which his work can provide new readings of literary texts. This guide goes on to cover his work in various fields, his theory of literature and his overarching project of a new concept of becoming.

From Information to Transformation is about remembering what matters in education and in life. In many ways, it concerns who we are and how we know. Drawing from the wisdom traditions, transpersonal psychology, consciousness studies, and pedagogy, a map of the depths of knowing and learning is constructed that unfolds through six interrelated layers: information, knowledge, intelligence, understanding, wisdom, and transformation. This provides both a process and a direction for education that can prepare students for the extraordinary demands of the (...) twenty-first century. Entering into these depths offers an education that is both practical and remarkable, one that replaces radical disconnection with radical amazement. This integrated approach includes the education of the mind and the heart, balances intuition with the analytic, mastery with mystery, and emphasizes developing wisdom over the mere accumulation of facts. (shrink)

Abstract:Spirituality is an undeniable human need and is thus the subject of increasing interest among management scholars and practitioners. In this article, we propose using archetypal psychology as a framework for understanding the human need for spirituality more clearly because it provides important insights into spirituality and organizational life. Because most spiritual needs reside in the deepest aspects of the self, an archetypal approach helps us recognize not only that we have spiritual needs but alsowhywe have them. We present three (...) common archetypes and their implications in a management context. That is followed by an application of the archetypal approach to some of the more spiritually corrosive aspects of organizational life and a discussion of the implications of archetypes as a source of motivation. (shrink)

Automated Influence is the use of Artificial Intelligence to collect, integrate, and analyse people’s data in order to deliver targeted interventions that shape their behaviour. We consider three central objections against Automated Influence, focusing on privacy, exploitation, and manipulation, showing in each case how a structural version of that objection has more purchase than its interactional counterpart. By rejecting the interactional focus of “AI Ethics” in favour of a more structural, political philosophy of AI, we show that the real problem (...) with Automated Influence is the crisis of legitimacy that it precipitates. (shrink)

A familiar part of debates about supererogatory actions concerns the role that cost should play. Two camps have emerged: one claiming that extreme cost is a necessary condition for when an action is supererogatory, while the other denies that it should be part of our definition of supererogation. In this paper, I propose an alternative position. I argue that it is comparative cost that is central to the supererogatory and that it is needed to explain a feature that all accounts (...) agree is central to the very notion of supererogation: optionality. Perhaps because of this agreement on its importance, few attempts have been made to clarify and explain the notion of optionality. I argue that giving an account of the optionality of supererogatory requires drawing a line between doing the bare minimum permissible and going beyond the bare minimum and that this line ought to be drawn based on comparative cost of alternative permissible acts. Having outlined my account and motivated it, I discuss and reject two concerns that might be raised: firstly, that it is extreme cost, not comparative cost, that matters and, secondly, that in fact no cost is needed for an act to be supererogatory. (shrink)

Standing in San Marco Cathedral in Venice, you immediately notice the exquisitely decorated spandrels: the triangular spaces bounded on either side by adjoining arches and by the dome above. You would be forgiven for seeing them as the starting point from which to understand the surrounding architecture. To do so would, however, be a mistake. It is a similar mistaken inference that evolutionary biologists have been accused of making in assuming a special adaptive purpose for such biological features as fingerprints (...) and chins. I argue that a mistake of just this sort is being made by ethicists who appeal to the intrinsic value of supererogatory acts in their efforts to make space for supererogation in ethical theory. Many cases of supererogatory action are simply spandrels: by-products of uncontroversial commitments elsewhere in our moral thought. This is not to downplay their value but rather to show that their value need not be the justification for making room for the supererogatory. I demonstrate this by examining two areas: rights and the distribution of burdens among a group. My argument has significance for those who take themselves to be defends of the possibility of supererogatory actions, as well as those who are committed to the contrary and those who believe themselves to be indifferent on the matter. (shrink)

This article examines the artistic potential of forms of image-making that involve registering the features of real objects using mind-independent processes. According to skeptics, these processes limit an agent’s intentional control over the features of the resultant “automatic images,” which in turn limits the artistic potential of the work, and the form as a whole. I argue that this is true only if intentional control is understood to mean that an agent produces the features of the work by their own (...) bodily movements alone. Not only is this an unrealistic standard to uphold, but I show that a definition of intentional control based on the skeptic’s position does not prohibit an agent from realizing the features of an image by means beyond their own actions. An agent can exercise intentional control over the features of an image if they successfully anticipate the effect that the remote consequences of their actions will have on these. This, I argue, entails that to exert intentional control over the features of an image is to exercise “creative agency,” which is a species of executive agency. Consequently, I defend the idea that the origin of automatic images in creative agency grounds their artistic significance. (shrink)

Visual artists and scientists frequently employ the labour of assistants and technicians, however these workers generally receive little recognition for their contribution to the production of artistic and scientific work. They are effectively “invisible”. This invisible status however, comes at the cost of a better understanding of artistic and scientific work, and improvements in artistic and scientific practice. To enhance understanding of artistic and scientific work, and these practices more broadly, it is vital to discern the nature of an assistant (...) or technician’s contribution to the production of a work, which is difficult as it is uncommon to discuss these workers. To address this, I investigate how different kinds of parallel working arrangements in collective artistic and scientific practices affect the creative potential of individuals involved. Different working arrangements permit different degrees of autonomy for individuals involved in these practices. Significantly, a lack of autonomy precludes the opportunity to act spontaneously and so exercise, what I term, “creative agency”. Evaluating the contribution of an assistant or technician based on the degree of autonomy that they are granted in the production of a work is an approach that I show can be used to precisely determine the nature of their contribution to the production of a work and accordingly, what kind of recognition an agent should receive for this. Importantly, this approach has the advantage of explaining the artistic and epistemic significance of different kinds of contribution to the production of artistic and scientific work. (shrink)

This collection of essays aims to mark a place for American philosophy as it moves into the twenty-first century. Taking their cue from the work of Peirce, James, Santayana, Dewey, Mead, Buchler, and others, the contributors assess and employ philosophy as an activity taking place within experience and culture. Within the broad background of the American tradition, the essays reveal a variety of approaches to the transition in which American philosophy is currently engaged. Some of the pieces argue from an (...) historical dialogue with the tradition, some are more polemically involved with American philosophy’s current status among the contemporary philosophical "schools," and still others seek to reveal the possibilities for the future of American philosophy. In thus addressing past, present, and future, the pieces, taken together, outline a trajectory for American philosophy that reinvents its importance from a new angle of vision. (shrink)

The critical realist and Bourdieusian conceptions of action fundamentally disagree on a number of fronts: the synthetic versus dualistic relationship between structure and agency; the social nature of the self/body; the link between morphogenesis and reflexivity. Despite these differences, this article argues that re-reading Bourdieu’s theories with attention to some of the core tenets of critical realism (emergence, the stratification of reality, and conjunctural causality) can provide insights into how the habitus is capable of reflexivity and social change. In particular, (...) this article reworks Bourdieu’s theory of habitus by suggesting that social selves are always situated at the intersection of multiple and competing social locations (or field positions) and that the habitus itself is always layered. Reflexivity arises from horizontal disjunctures (between field positions) and vertical disjunctures (across temporal sedimentation). (shrink)

Ethics and Technology is a step-by-step, hands-on process that companies, civic organizations, and watchdog groups can use to assess the benefits - and costs - of technology. Featuring vignettes drawn from actual business cases, as well as sharply focused study questions, this resource offers tools for asking effective questions and making ethical decisions. John Hart's book will enable corporations, governments, communities, and individuals to get beyond competing ideologies to work cooperatively on a progressive reshaping of society.

Cinema, thought and time -- Deleuze's cinema books -- Technology -- Essences -- Space and time -- Bergson, time, and life -- The movement-image -- The history of time and space and the history of cinema -- The movement-image and semiotics -- Styles of sign -- The whole of movement -- Image and life -- Becoming-inhuman, becoming imperceptible -- The deduction of the movement-image -- Art and time -- Destruction of the sensory motor apparatus and the spiritual automaton -- Time (...) and money -- Art and history -- Monument -- Framing, territorialization, and the plane of composition -- Politics and the origin of meaning -- Transcending life and the genesis of sense -- Beyond symbolic and imaginary -- Shit and money -- Exchange, gift, and theft -- The fiction of mind -- Collective investment and group fantasy -- The time of man -- The intense germinal influx. (shrink)

There has been some debate as to whether or not it is possible to keep a promise, and thus fulfil a duty, to supererogate. In this paper, I argue, in agreement with Jason Kawall, that such promises cannot be kept. However, I disagree with Kawall’s diagnosis of the problem and provide an alternative account. In the first section, I examine the debate between Kawall and David Heyd, who rejects Kawall’s claim that promises to supererogate cannot be kept. I disagree with (...) Heyd’s argument, as it fails to get to the heart of the problem Kawall articulates. Kawall’s argument however fails to make clear the problem with promising to supererogate because his discussion relies on the plausibility of the following claim: that supererogatory actions cannot also fulfil obligations. I argue that this view is mistaken because there are clear examples of supererogatory actions that also fulfil obligations. In the final section, I give my alternative account of the problem, identifying exactly what is wrong with fulfilling a duty, and thus keeping a promise, to supererogate. My diagnosis emphasises the importance of identifying non-supererogatory actions when it comes to understanding the way in which supererogatory actions go above and beyond the call of duty. (shrink)

It is well-documented that the alteration of portrait photographs can have a negative impact on a viewer’s self-esteem. One might think that providing written disclaimers warning of alteration might help to mitigate this effect, yet empirical studies have shown that viewers continue to feel like what they are seeing is real, and thus attainable, despite knowing it is not. I propose that this cognitive dissonance occurs because disclaimers fail to show viewers how to look at the contents of a photographic (...) image differently. Consequently, viewers have the same perceptual experience, where the picture appears to faithfully resemble a direct visual experience of the subject, which conflicts with their changing sense of warrant. However, I argue that the degree of perceived similarity, and so contact, may be subject to change depending on what a viewer is attentive to during their viewing of an image, including subtle but unrealistic signs of alteration. (shrink)

This chapter uses Marx’s credit theory in Comments on James Mill and Freire’s theory of the banking model of education from Pedagogy of the Oppressed to argue that the confluence of massive student debt and structures of “banking” pedagogy in contemporary American higher education places many university students in a unique position of dehumanization. The material limitations brought about by the loan are compounded by the social limitations of a resulting push toward productivity in education. Students with loan debt are (...) driven in the direction of business and pre-professional majors and away from the humanities and other fields which would facilitate students’ abilities to critically question the dehumanizing aspects of their situation. (shrink)

Nietzsche’s interest in tragedy continues throughout his work. And yet scholarship on Nietzsche’s account of tragedy has focused almost exclusively on his first book, The Birth of Tragedy – a work which is in many ways discontinuous with his more mature philosophical views. In this paper, I aim to illuminate Nietzsche’s post-Birth of Tragedy views on tragedy by setting them in the context of a particular historical conversation. Ever since Plato banished the tragic poets from the kallipolis, various philosophers have (...) attempted to respond to his challenge to offer a ‘defense of poetry’. What Nietzsche offers, I argue, is a distinctive form of response to Plato’s challenge. I show how Nietzsche takes seriously Plato’s worries, and even ends up in partial agreement with him: tragedy is not (unqualifiedly) valuable; it can be spiritually dangerous. Key to Nietzsche’s account is a distinction he draws between two types of tragic audience. For the ‘lower types’, tragedy is – as Plato feared – dangerous. For the ‘higher types’, however, tragedy can act as a regenerative force. Finally, I discuss a distinctive form of value that tragedy makes available to a modern audience: tragedy can act as a stimulus towards the process of the revaluation of values. (shrink)

The notion of supererogation—going above and beyond the call of duty—is typically discussed in a moral context. However, in this paper we argue for the existence of rationally supererogatory actions: that is, actions that go above and beyond the call of rational duty. In order to establish the existence of such actions, we first need to overcome the so-called paradox of supererogation: we need to provide some explanation for why, if some act is rationally optimal, it is not the case (...) that we are rationally required to carry out that act. We argue that a response to this ‘paradox’ can be found by reflecting on normative conflicts: cases where what is best according to some normative domain is different from what is best according to some other normative domain. (shrink)

Moral theories that demand that we do what is morally best leave no room for the supererogatory. One argument against such theories is that they fail to realize the value of autonomy: supererogatory acts allow for the exercise of autonomy because their omissions are not accompanied by any threats of sanctions, unlike obligatory ones. While this argument fails, I use the distinction it draws – between omissions of obligatory and supererogatory acts in terms of appropriate sanctions – to draw a (...) parallel with psychological perfectionism. Through this parallel, I demonstrate that requiring what is morally best is in fact counter-productive. Thus, by its own lights, a theory that wants us to do what is best ought at the very least to tell us to believe that some actions are supererogatory. As the old adage goes, the best is the enemy of the good; I argue here that the supererogatory is the solution. (shrink)

L'unique tâche philosophique de Lequier a consisté dans la recherche d'une première vérité. Le récit existentiel est la voie qu'il a choisie. Cette voie, loin de mettre en question la métaphysique, expose, sous une forme phénoménologique, comment la vérité peut s'accomplir comme liberté dans l'histoire grâce à laquelle un être humain affirme son identité.

Traduction et édition critique des manuscrits médicaux (1666-1670) sur la respiration, les maladies, l'anatomie, l'art médical, son progrès et ses méthodes, l'ouvrage interroge l'identité de Locke philosophe à partir de ses années de formation à la médecine et à la chimie à Oxford.

International economic law is peculiar. It claims universal character, yet eschews engagement with many, if not all, the racialised features of the global political economy. Its scholars mostly ignore imperialism, colonialism, and capitalism; they exclude slavery, predation, and racism altogether. In the following article, we draw upon Walter Rodney’s dialectics of development to offer a racial capitalist critique of international economic law. The disciplinary boundaries and operative logic normalised by its denizens corral us in a white, Eurocentric episteme. Ahistoricism, decontextualisation, (...) and externalisation are three epistemic devices at the forefront of the exclusionary discourse of IEL. In this space, the histories and epistemologies of Black peoples are ghettoised, treated as alien to the framework. After identifying this bias, we use the Black Radical Tradition to evaluate IEL’s amenability to the racial capitalism critique. (shrink)

Amy saves a man from drowning despite the risk to herself, because she is moved by his plight. This is a quintessentially supererogatory act: an act that goes above and beyond the call of duty. Beth, on the other hand, saves a man from drowning because she wants to get her name in the paper. On this second example, opinions differ. One view of supererogation holds that, despite being optional and good, Beth’s act is not supererogatory because she is not (...) praiseworthy; the other agrees that Beth is not praiseworthy but holds that her act is nevertheless supererogatory because, while supererogatory actions are generally performed by praiseworthy agents, an individual need not be praiseworthy for their act to be supererogatory. In this paper, I raise a problem for this latter position, which I shall call the Anti-Motivation View of supererogation. While the Anti-Motivation View rejects the claim that the agent’s motivations are important, it accepts that the agent’s intentions are. Thus, this view assumes that a clear, coherent distinction can be drawn between intentions and motivations in the context of supererogation. This distinction is often attributed to Mill; however, his original discussion reveals an inconsistency. Consider Clara, who saves a man from drowning because she wants to torture him later. According to Mill, Clara’s act is not morally good; those who follow Mill will have to accept that it is therefore not supererogatory. Mill asserts that Clara’s act differs from Amy’s and Beth’s not just in motivation but also in intention. I question this explanation and demonstrate that the distinction between motivation and intention is not as clear as the Anti-Motivation View has supposed and that the gap between the Anti-Motivation View and the alternative Praise-Based View is either much greater or much smaller than previously thought. (shrink)

Autonomy is a vital concept in much of modern theory, defining the Subject as capable of self-governance. Democratic theory relies on the concept of autonomy to provide justification for participatory government and the normative goal of democratic governance, which is to protect the ability of the individual to self-govern. Offering the first examination of the concept of autonomy from a postfoundationalist perspective, _The Autonomous Animal _analyzes how the ideal of self-governance has shaped everyday life. Claire E. Rasmussen begins by (...) considering the academic terrain of autonomy, then focusing on specific examples of political behavior that allow her to interrogate these theories. She demonstrates how the adolescent—a not-yet-autonomous subject—highlights how the ideal of self-governance generates practices intended to cultivate autonomy by forming the individual’s relationship to his or her body. She points up how the war on drugs rests on the perception that drug addicts are the antithesis of autonomy and thus must be regulated for their own good. Showing that the animal rights movement may challenge the distinction between human and animal, Rasmussen also examines the place of the endurance athlete in fitness culture, where self-management of the body is the exemplar of autonomous subjectivity. (shrink)

Critical realism is a philosophy of science, which has made significant contributions to epistemic debates within sociology. And yet, its contributions to ethnographic explanation have yet to be fully elaborated. Drawing on ethnographic data on the health-seeking behavior of HIV-infected South Africans, the paper compares and contrasts critical realism with grounded theory, extended case method and the pragmatist method of abduction. In so doing, it argues that critical realism makes a significant contribution to causal explanation in ethnographic research in three (...) ways: 1) by linking structure to agency; 2) by accounting for the contingent, conjunctural nature of causality; and 3) by using surprising empirical findings to generate new theory. The paper develops the AART research schema and illustrates its strengths by employing a Bourdieusian field analysis as a model for morphogenetic explanation. (shrink)

Two experiments examined similarities and differences in the effects of consciously and unconsciously perceived rewards on the active maintenance of goal-relevant information. Participants could gain high and low monetary rewards for performance on a word span task. The reward value was presented supraliminally or subliminally at different stages during the task. In Experiment 1, rewards were presented before participants processed the target words. Enhanced performance was found in response to higher rewards, regardless whether they were presented supraliminally or subliminally. In (...) Experiment 2, rewards were presented after participants processed the target words, i.e., during maintenance. Performance increased in response to relatively high rewards when they were presented subliminally, but decreased when they were presented supraliminally. We conclude that both consciously and unconsciously perceived rewards boost resources supporting the maintenance of task-relevant information. Conscious processing of rewards can, however, heavily interfere with an ongoing maintenance process and impair performance. (shrink)

Critical realism is a philosophy of science, which has made significant contributions to epistemic debates within sociology. And yet, its contributions to ethnographic explanation have yet to be fully elaborated. Drawing on ethnographic data on the health-seeking behavior of HIV-infected South Africans, the paper compares and contrasts critical realism with grounded theory, extended case method and the pragmatist method of abduction. In so doing, it argues that critical realism makes a significant contribution to causal explanation in ethnographic research in three (...) ways: 1) by linking structure to agency; 2) by accounting for the contingent, conjunctural nature of causality; and 3) by using surprising empirical findings to generate new theory. The paper develops the AART research schema and illustrates its strengths by employing a Bourdieusian field analysis as a model for morphogenetic explanation. (shrink)