This paper suggests the adoption of a ‘capability approach’ to key concepts in healthcare. Recent developments in theoretical approaches to concepts such as ‘health’ and ‘disease’ are discussed, and a trend identified of thinking of health as a matter of having the capability to cope with life’s demands. This approach is contrasted with the WHO definition of health and Boorse’s biostatistical account. We outline the ‘capability approach’, which has become standard in development ethics and economics, and show how existing work (...) in those areas can profitably be adapted to healthcare. Cases are used to illustrate the value of adopting a capability approach. (shrink)

The claim that isomorphism in perceptual behaviour allows for differences in inner experience holds only if experience is taken to be an entity quite distinct from perceptual behaviour and only accidentally related to it. But this is not so. The two are internally related; experience as conceptualised being inherent to perception as a species of normative behaviour.

This article undertakes to explain the importance of discourse in the modern philosophy of law. It conceptualises discourse as a step to the comprehensive truth of a phenomenon, which does not exist in most forms of modern methods. Therefore, modern philosophy of law must be sought through a vigorous application of the method of discourse in deducing the diversity of truth-seeking in modern legal doctrine and the application of law in contemporary society. In this article, the author endeavours to systemise (...) that discourse is capable of comprehending a single absolute fact in legal doctrine and law, which is necessary to produce the exact procedures in society. Thus, discourse unfolds the relationship between the known and the unknown into a philosophical principle. It is then conceivable that discourse by its deduction creates societal forms and substances for the investigator to understand the true form and nature of law in society. Keywords: discourse, philosophy of law, law, ethics, and integrity. (shrink)

The present study focused on the dynamics and factors underpinning domestic abuse survivors’ decisions to end the abusive relationship. The experiences and opinions of 12 female DA survivors and 18 support workers were examined through in-depth, one-to-one, semi-structured interviews. Hybrid thematic analysis was conducted to retrieve semantic themes and explore relationships among the themes identified and the differences in survivors’ and professionals’ narratives of the separation process. The findings highlighted that separation decisions derived from the joint action of two sets (...) of factors, the “promoters” and the “accelerators.” Whilst the “promoters” are factors leading to the separation from the abuser over time, the “accelerators” bear a stronger and more direct connection with survivors’ decision to end the abusive relationship. Despite their differences, both these factors acted as propelling forces, leading survivors to actively pursue the separation from the perpetrator. To portray the dynamic links among these factors, we propose a conceptualisation drawn from Newton’s laws of motion. Our findings also highlighted important differences in the views of survivors and support workers, as the former conceived themselves as proactive in ending the abuse, whereas the latter described the leaving process as mainly led by authorities and services supporting survivors. This study has potential implications for research, policy and clinical practice, as it suggests that far from being a linear sequence of multiple stages, leaving an abusive relationship results from a complex interplay of factors that facilitate or drastically accelerate the separation process. We argue that future research should aim at improving our current understanding of the subjective and situational factors that can act as “accelerators” or “promoters” for women’s leaving decisions. Moreover, clinicians and policymakers should invest in creating interventions that aid victims to recognise and leverage promoters and accelerators, thus increasing their readiness to end the abuse. (shrink)

An important challenge when creating automatically processable laws concerns open-textured terms. The ability to measure open-texture can assist in determining the feasibility of encoding regulation and where additional legal information is required to properly assess a legal issue or dispute. In this article, we propose a novel conceptualisation of open-texture with the aim of determining the extent of open-textured terms in legal documents. We conceptualise open-texture as a lever whose state is impacted by three types of forces: internal forces (...) (the words within the text themselves), external forces (the resources brought to challenge the definition of words), and lateral forces (the merit of such challenges). We tested part of this conceptualisation with 26 participants by investigating agreement in paired annotators. Five key findings emerged. First, agreement on which words are open-texture within a legal text is possible and statistically significant. Second, agreement is even high at an average inter-rater reliability of 0.7 (Cohen’s kappa). Third, when there is agreement on the words, agreement on the Open-Texture Value is high. Fourth, there is a dependence between the Open-Texture Value and reasons invoked behind open-texture. Fifth, involving only four annotators can yield similar results compared to involving twenty more when it comes to only flagging clauses containing open-texture. We conclude the article by discussing limitations of our experiment and which remaining questions in real life cases are still outstanding. (shrink)

This contribution takes as its point of departure the spatial turn in law and the notion of spatial justice. It traces the term ‘spatial justice’ as introduced through the Spatial Planning and Land Use Management Act and it looks at the underlying view of space that has influenced the spatial turn in law. It furthermore investigates the ways in which the spatial turn in law has been influenced by the thinking of Henri Lefebvre, who relies on a Leibnizian conception of (...) space. Lastly the link between Leibniz and legal positivism is considered in order to reach the final conclusion in the form of a caution against merely adding the language of spatial justice to an approach to space that remains caught up in abstract space. This will only further entrench existing fault lines in society. For this conclusion the work of Roger Berkowitz is central. Berkowitz argues convincingly that the work of Leibniz was central in the development of legal positivism, despite Leibniz in general being considered as a natural law thinker. The same applies to spatial justice theory, where the work of Leibniz is central: it may present the possibilities of another law – the law as it ought to be. The law conceptualised as ‘ought’ instead of ‘is’ would promote reconciliation. Alternatively, spatial justice can simply present the law as it ‘is’ and reconfirm and deepen the chasms in our world. (shrink)

This article examines conceptualisations of violence against women developed in Brazilian feminism, and in legal and institutional measures against violence, from the 1980s to the present. Based on ethnographic studies carried out at the Women’s Police Stations and Special Criminal Courts, and the controversies surrounding the 2006 Brazilian Law on domestic and familial violence, the authors map the meanings of expressions such as ‘violence against women’, ‘marital violence’, ‘domestic violence’, ‘family violence’ and ‘gender violence’. The article reveals that the discourse (...) that transforms violence into crime, in the Brazilian context, leads to semantic and institutional developments that replace an interest in politicising justice for the defence of women with the judicialisation of family relations. (shrink)

This chapter describes the application of reduction concepts in emergence and self organization of complex dynamical system. Condition-dependent laws compress and dynamical equation sets provide implicit compressed representations even when most of that information is not explicitly available without decompression. And, paradoxically, there is still the determined march of fundamental analytical dynamics expanding its compression reach toward a Theory of Everything—even while the more rapidly expanding domain of complex systems dynamics confronts its assumptions and its monolithicity. Nor does science fall (...) apart into a disunified aggregate of particular cases since, with fundamental dynamics as a backbone, complex matching up of models across theoretical and empirical domains then articulates its model-structured skeleton. Discussion provides the delicately entwined dance of emergence and reduction providing constraints on compression that also permit its expansion. However, while the vision is not dead, it is currently substantially more complexly structured through model similarities and differences than that initially envisaged and individuals are left with deep questions about compression unresolved. (shrink)

Photomechanical reprint of papers from 1970 to 1992 mostly in English, some in German or French: Foreword 1–4; LAW AS PRACTICE ‘La formation des concepts en sciences juridiques’ 7–33, ‘Geltung des Rechts – Wirksamkeit des Rechts’ 35–42, ‘Macrosociological Theories of Law’ 43–76, ‘Law & its Inner Morality’ 77–89, ‘The Law & its Limits’ 91–96; LAW AS TECHNIQUE ‘Domaine »externe« & domaine »interne« en droit’ 99–117, ‘Die ministerielle Begründung’ 119–139, ‘The Preamble’ 141–167, ‘Presumption & Fiction’ 169–185, ‘Legal Technique’187–198; LAW AS LOGIC (...) ‘Moderne Staatlichkeit und modernes formales Recht’ 201–207, ‘Heterogeneity & Validity of Law’ 209–218, ‘Leibniz & die Frage der rechtlichen Systembildung’ 219–232, ‘Law & its Approach as a System’ 233–255, ‘Logic of Law & Judicial Activity’ 258–288, ‘Kelsen’s Pure Theory of Law’ 289–293, ‘The Nature of the Judicial Application of Norms’ 295–314; LAW AS EXPERIENCE ‘The Socially Determined Nature of Legal Reasoning’317–374, ‘The Ontological Foundation of Law’ 375–390, ‘Is Law a System of Enactments?’ 391–398, ‘The Uniqueness of National Legal Cultures’ 399–411, ‘Institutions as Systems’ 413–424; LAW AS HISTORY ‘From Legal Customs to Legal Folkways’ 427–436, ‘Anthropological Jurisprudence?’ 437–457, ‘Law as a Social Issue’ 459–475, ‘Law as History?’477–484, ‘Rechtskultur – Denkkultur’ 485–489; w/ Curriculum Vitae & Bibliography, as well as Index & Indexes of normative materials & of names. (shrink)

"What is a military aircraft? John Law shows in his beautiful analysis that it is a constant oscillation between multiplicity and singularity.

This paper develops a challenge to theism. The challenge is to explain why the hypothesis that there exists an omnipotent, omniscient and all-good god should be considered significantly more reasonable than the hypothesis that there exists an omnipotent, omniscient and all-evil god. Theists typically dismiss the evil-god hypothesis out of hand because of the problem of good–there is surely too much good in the world for it to be the creation of such a being. But then why doesn't the problem (...) of evil provide equally good grounds for dismissing belief in a good god? I develop this evil-god challenge in detail, anticipate several replies, and correct errors made in earlier discussions of the problem of good. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Although much recent social science and humanities work has been a revolt against simplification, this volume explores the contrast between simplicity and complexity to reveal that this dichotomy, itself, is too simplistic. John Law and Annemarie Mol have gathered a distinguished panel of contributors to offer—particularly within the field of science studies—approaches to a theory of complexity, and at the same time a theoretical introduction to the topic. Indeed, they examine not only ways of relating to complexity but complexity _in (...) practice._ Individual essays study complexity from a variety of perspectives, addressing market behavior, medical interventions, aeronautical design, the governing of supranational states, ecology, roadbuilding, meteorology, the science of complexity itself, and the psychology of childhood trauma. Other topics include complex wholes in the sciences, moral complexity in seemingly amoral endeavors, and issues relating to the protection of African elephants. With a focus on such concepts as multiplicity, partial connections, and ebbs and flows, the collection includes narratives from Kenya, Great Britain, Papua New Guinea, the Netherlands, France, and the meetings of the European Commission, written by anthropologists, economists, philosophers, psychologists, sociologists, and scholars of science, technology, and society. _Contributors._ Andrew Barry, Steven D. Brown, Michel Callon, Chunglin Kwa, John Law, Nick Lee, Annemarie Mol, Marilyn Strathern, Laurent Thévenot, Charis Thompson. (shrink)

Assume that, even with a time machine, Tim does not have the ability to travel to the past and kill Grandfather. Why would that be? And what are the implications for traditional debates about freedom? We argue that there are at least two satisfactory explanations for why Tim cannot kill Grandfather. First, if an agent’s behavior at time _t_ is causally dependent on fact _F_, then the agent cannot perform an action (at _t_) that would require _F_ to have not (...) obtained. Second, if an agent’s behavior at time _t_ is causally dependent on fact _F_, then the agent cannot perform an action (at _t_) that would prevent _F_ from obtaining. These two explanations have distinct upshots for more traditional debates over freedom. The first implies that causal determinism is incompatible with the ability to do otherwise and also raises questions about the traditional arguments for the incompatibility of divine foreknowledge and the ability to do otherwise; the second does neither. However, both explanations imply that the Molinist account of divine providence renders agents unable to do otherwise, at least in certain circumstances. (shrink)

The question of whether there are laws in ecology is important for a number of reasons. If, as some have suggested, there are no ecological laws, this would seem to distinguish ecology from other branches of science, such as physics. It could also make a difference to the methodology of ecology. If there are no laws to be discovered, ecologists would seem to be in the business of merely supplying a suite of useful models. These models would need to be (...) assessed for their empirical adequacy but not for their ability to capture fundamental truths, or the like. If, on the other hand, ecology does have laws, this prompts further questions about what these laws are and why even the best candidates for ecological laws fall short of what might be expected of laws. (shrink)

We all know that we have and are our bodies. But might it be possible to leave this common place? In the present article we try to do this by attending to the way we do our bodies. The site where we look for such action is that of handling the hypoglycaemias that sometimes happen to people with diabetes. In this site it appears that the body, active in measuring, feeling and countering hypoglycaemias is not a bounded whole: its boundaries (...) leak. Bits and pieces of the outside get incorporated within the active body; while the centre of some bodily activities is beyond the skin. The body thus enacted is not self-evidently coherent either. There are tensions between the body’s organs; between the control under which we put our bodies and the erratic character of their behaviour; and between the various needs and desires single bodies somehow try to combine. Thus to say that a body is a whole, or so we conclude, skips over a lot of work. One does not hang together as a matter of course: keeping oneself together is something the embodied person needs to do. The person who fails to do so dies. (shrink)

There is an old but powerful argument for the claim that exhaustive divine foreknowledge is incompatible with the freedom to do otherwise. A crucial ingredient in this argument is the principle of the “Fixity of the Past”. A seemingly new response to this argument has emerged, the so-called “dependence response,” which involves, among other things, abandoning FP for an alternative principle, the principle of the “Fixity of the Independent”. This paper presents three arguments for the claim that FI ought to (...) be preferred to FP. (shrink)

Women are drastically underrepresented in science, technology, engineering, and mathematics and this underrepresentation has been linked to gender stereotypes and ability related beliefs. One way to remedy this may be to challenge male bias gender stereotypes around STEM by cultivating equitable beliefs that both female and male can excel in STEM. The present study implemented a growth mindset intervention to promote children’s incremental ability beliefs and investigate the relation between the intervention and children’s gender stereotypes in an informal science learning (...) site. Participants were visitors to a science museum who took part in an interactive space science show. Participants who were exposed to a growth mindset intervention, compared to the participants in the control condition, reported significantly less gender stereotyping around STEM by reporting equitably in the stereotype awareness measure. Relatedly, participants in the control condition reported male bias gender stereotype in the stereotype awareness measure. Further, children between 5 and 8-years-old reported greater male bias stereotypes awareness and stereotype flexibility in space science compared to children between 9 and 12-years-old. Lastly, children demonstrated in-group bias in STEM ability. Male participants reported gender bias favoring males’ ability in stereotype flexibility and awareness measures, while female participants reported bias toward females’ ability in stereotype flexibility and awareness measures. These findings document the importance of a growth mindset intervention in buffering against STEM gender stereotyping amongst children, as well as the significant role a growth mindset intervention can play within an informal science learning site. (shrink)

Plantinga's Evolutionary Argument Against Naturalism aims to show that naturalism is, as he puts it, ‘incoherent or self defeating’. Plantinga supposes that, in the absence of any God-like being to guide the process, natural selection is unlikely to favour true belief. Plantinga overlooks the fact that adherents of naturalism may plausibly hold that there exist certain conceptual links between belief content and behaviour. Given such links, natural selection will favour true belief. A further rather surprising consequence of the existence of (...) such links is this: even if semantic properties are epiphenomenal, unguided evolution will still favour true belief. (shrink)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

Journal Name: Semiotica Issue: Ahead of print.

Law's article begins by restating the classical ANT position that objects do not exist `in themselves' but are the effect of a performative stabilization of relational networks. In addition, these material enactments inevitably have a spatial dimension; they simultaneously establish spatial conditions for objectual identity, continuity, and difference. Space must not be reified as a natural, pre-existing container of the social and the material, but is itself a performance. Moreover, there are multiple forms of spatiality beyond the Euclidean space of (...) regions, and objects may exist and achieve homeomorphism within several different spatial systems. Technologies such as the Zimbabwe Bush Pump present a fluid object which is able to exist and cohere without the presence of fixed boundaries or the permanence of a particular functional definition. The network logic, however, which gravitates towards stability and functionality, tends to exclude and silence this spatial Other. An alternative political ontology is needed which goes beyond the reification of network space in order to give voice to the fluid objects which escape its unidimensional functionality. (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

In this article I survey Foucault’s remarks on norms and normalisation from across his oeuvre, with a view to reconstructing his genealogy of norms, leaning at points – following Foucault himself – on Georges Canguilhem’s seminal work on the topic. I also survey in tandem the existing secondary scholarship on this question, maintaining – pace other schol-ars – that Foucault’s position has not been adequately explicated despite sophisticated attempts. I argue that Foucault’s idiosyncratic conception of the norm, overlooked or mis-understood (...) by other readers, is consistently of an ideal model guiding human action in any particular sphere. This concept is a relatively modern one that may be contrasted to the older form of restricting human behaviour according to binary discriminations that may be called ‘laws’ or ‘rules’. Foucault traces the form of the norm specifically to medieval pro-cesses for dealing with the plague, which later become highly generalised and diffused to produce a normalising society. I conclude with a more speculative discussion of how this society of the norm continues to utilise binarising rules, arguing that norms are typically used in order to ground binarising condemnations of abnormal cases, but that the nebu-lousness of norms ultimately allows any particular case to be condemned by such stand-ards. (shrink)

The year is 2100. Geena is the proud new owner of Emit, a state-of-the-art robot. She has just unwrapped him, the packaging strewn across the dining room floor. Emit is designed to replicate the outward behaviour of a human being down to the last detail . Emit responds to questions in much the same way humans do. Ask him how he feels and he will say he has had a tough day, has a slight headache, is sorry he broke that (...) vase, and so on. Geena flips the switch at the back of Emit's neck to ‘on’. Emit springs to life. (shrink)

A dialogue investigating whether the usual religious defences of belief in God are really up to the job.

The aim of this paper is to revisit the major arguments of the seventeenth century debate concerning laws and powers. Its primary points are two. First, though the dominant conception of nature was such that there was no room for power in bodies, the very idea that laws govern the behaviour of matter in motion brought with it the following issue, which came under sharp focus in the work of Leibniz: how possibly can passive matter, devoid of power, obey laws? (...) Though Leibniz’s answer was to re-introduce powers, two radically different conceptualisations of the relation between laws and powers became available after him. Hume denied powers altogether, whereas Newton thought that to introduce a power is to introduce a law. The second main point will be that though laws were meant to replace powers, the real dilemma ended up being not laws vs powers, but rather necessity vs non-necessity in nature. To exploit, an expression used by Newton, the question was: what is the place of necessity in the frame of nature? (shrink)

The vast majority of Biblical historians believe there is evidence sufficient to place Jesus’ existence beyond reasonable doubt. Many believe the New Testamentdocuments alone suffice firmly to establish Jesus as an actual, historical figure. I question these views. In particular, I argue (i) that the three most popular criteria by which various non-miraculous New Testament claims made about Jesus are supposedly corroborated are not sufficient, either singly or jointly, to place his existence beyond reasonable doubt, and (ii) that a prima (...) facie plausible principle concerning how evidence should be assessed—a principle I call the contamination principle—entails that, given the large proportion of uncorroborated miracle claims made about Jesus in the New Testament documents, we should, in the absence of good independent evidence for an historical Jesus, remain sceptical about his existence. (shrink)

Skeptical theism is a popular - if not universally theistically endorsed - response to the evidential problem of evil. Skeptical theists question how we can be in a position to know God lacks God-justifying reason to allow the evils we observe. In this paper I examine a criticism of skeptical theism: that the skeptical theists skepticism re divine reasons entails that, similarly, we cannot know God lacks God-justifying reason to deceive us about the external world and the past. This in (...) turn seems to supply us with a defeater for all our beliefs regarding the external world and past? Critics argue that either the skeptical theist abandon their skeptical theism, thereby resurrecting the evidential argument from evil, or else they must embrace seemingly absurd skeptical consequences, including skepticism about the external world and past. I look at various skeptical theist responses to this critique and find them all wanting. (shrink)

First Published in 2007. Routledge is an imprint of Taylor & Francis, an informa company.

This paper distinguishes five key interpretations of the argument presented by Wittgenstein in Philosophical Investigations I, §258. I also argue that on none of these five interpretations is the argument cogent. The paper is primarily concerned with the most popular interpretation of the argument: that which that makes it rest upon the principle that one can be said to follow a rule only if there exists a 'useable criterion of successful performance' (Pears) or 'operational standard of correctness' (Glock) for its (...) correct application. This principle, I suggest, is untrue. The private language argument upon which it rests therefore fails. (shrink)

This paper presents an extension of Putnam's account of how substance terms such as ‘water’ and ‘gold’ function and of how a posteriori necessary truths concerning the underlying microstructures of such kinds may be derived. The paper has three aims. I aim to refute a familiar criticism of Putnam's account: that it presupposes what Salmon calls an ‘irredeemably metaphysical, and philosophically controversial, theory of essentialism’. I show how all of the details of Putnam's account—including those that Salmon believes smuggle in (...) such essentialist commitments—can be squared with a rejection of any such essentialist metaphysics. I aim to reveal why Steward is wrong to suppose that, by helping himself to the claim that ‘H2O’ is a rigid designator of a substance, Kripke, too, presupposes something controversially ‘metaphysical’. I aim to show how my proposed account also sidesteps a variety of objections raised by Needham and others who argue that Kripke's and Putnam's accounts of how ‘water’ and.. (shrink)