The ancient problems of bankruptcy, contested garment, and rights arbitration have generated many studies, debates, and controversy. The objective of this paper is to show that the Shapley value from game theory, measuring the power of each player in a game, may be consistently applied for getting the general one-step solution of all these three problems viewed as -person games. The decision making is based on the same tool, namely the game theory logic based on the use of (...) the Shapley value, but the specific games involved are slightly different in each problem. The kind of claims of the players, the relationship between the given claims and the given resources available, and the particular way of calculating the generalized characteristic function of the game determine the specific type of game which has to be solved in each of the three ancient problems mentioned. The iterative use of the Shapley value may also justify the well-known Aumann-Maschler step-by-step procedure for solving the bankruptcy problem. (shrink)

This paper examines the problem of nationalism in Nigeria construed as the search for a basis on which the members of the society can claim a sense of belonging, identity and common purpose. There is a problem of the national question here because ethnicity, corruption, disobedience to law and order, disdain for the rule of law and accountability and the disregard for the value of human life have undermined the social order and eventually created an army of the (...) vulnerable and marginal peoples that can be manipulated for parochial ends. The apparent underperformance of the various instruments of the state such as the police, national assembly, appointed ministers, law courts, prisons, etc, due to inefficiency, injustice, under-funding, politicization and social dissatisfaction have threatened the unity of Nigeria and highlighted deficits in the social order that have made Nigeria to appear as a contested construct or category. Given the above we seek a philosophical approach to building a social system or social philosophy of national integration. (shrink)

ABSTRACT When one thinks about the ethics of abortion, one inevitably thinks about rights, since it is in terms of the concept of rights that much of the debate has been conducted. This is true of overtly feminist as well as non‐feminist accounts. Indeed, some early feminist writers – Judith Jarvis Thomson and Mary Ann Warren, for example – employ a model of rights that is indistinguishable, or virtually indistinguishable, from that of their non‐feminist counterparts. However, more recent feminist writers (...) have developed a different understanding of ‘a woman's right to choose.’ In this paper, I will begin by outlining the non‐feminist debate over the moral permissibility of abortion. I will suggest that this debate is irresolvable, since at its heart is an ‘essentially contested concept’, that of personhood. I will then consider the way in which some feminist writers have attempted to reconceive the terms of the abortion debate and suggest an expanded account of women's right to abortion, drawing on the work of Susan Sherwin. Finally, I will argue that there is a further element to a ‘woman's right to choose’ that expands on and provides a conceptual link between the feminist and non‐feminist understanding of abortion. (shrink)

Several initiatives by the Government of Uganda, Research Institutes and CGIAR centers have promoted the use of tissue culture banana technology as an effective means of providing clean planting material to reduce the spread of Banana Xanthomonas wilt but its uptake is still low. We examine factors that constrain uptake of tissue culture banana planting materials in central Uganda by considering the cultural context of banana cultivation. Data were collected using eight focus group discussions involving 64 banana farmers and 10 (...) key informant interviews and subjected to thematic analysis. Results showed that banana cultivars in the study communities were important for food, cultural practices and medicine. Cultivars supplied through TC were based on commercial considerations focusing on market value and household income and insufficient attention was given to their cultural importance. Farmers regard banana from TC planting material to be incompatible with their tastes and preferences for traditional food and drinks, culture and medicine. Furthermore, the plantlets are perceived as complicated to use, and farmers report requiring more knowledge and information on how to plant and maintain the plantlets on-farm. In these aspects, TC planting material does not align with cultural values linked to societal welfare. Future efforts aimed at controlling pests and diseases would benefit from more location-specific and holistic approaches that integrate cultural dimensions alongside planting material hygiene, quality and vigor. (shrink)

In the recent past a number of empirical studies provided evidence that increasing genetic knowledge leads to new forms of exclusion, disadvantage and stigmatisation. As a consequence, many states have inaugurated special legislation to fight "genetic discrimination".This article focuses on some theoretical, normative and practical problems in the scientific and political debate on genetic discrimination. It puts forward the thesis that the existing antidiscrimination approach is based on the implicit idea that genes are the essence of (human) life. Since genes (...) are held responsible for individual development and personal identity, genetic discrimination is granted a privileged legal status in comparison to other forms of discrimination. As a result the analytical and political concentration on processes of genetic discrimination may reinforce the "geneticization" of body, illness and deviance. (shrink)

In an adversarial common law courtroom, where one party tries to defeat the other by using words as weapons, polysemous words more often than not pose a problem to the court interpreter. Unlike in dyadic communication, where ambiguity can be easily clarified with the speaker by the hearer, court interpreters’ freedom to clarify with speakers is to a large extent restricted by their code of ethics. Interpreters therefore can only rely on the context for disambiguating polysemous words. This study (...) illustrates the problem of polysemy in an interpreter-mediated rape trial. It exemplifies how the interpreter’s goal to avoid contradictions by making her interpretation of a polysemous word consistent with the preceding context runs counter to that of the bilingual cross-examiner, whose primary goal is to identify inconsistencies in the hostile witness’s testimony in order to discredit him. This study also manifests a denial of the interpreter’s latitude in the interpretation of contextual clues and her loss of power in a courtroom with the presence of other bilinguals. (shrink)

ABSTRACTThis article studies multi-stakeholder initiatives as spaces for both deliberation and contestation between constituencies with competing discourses and disputed values, beliefs, and preferences. We review different theoretical perspectives on MSIs, which see them mainly as spaces to find solutions to market problems, as spaces of conflict and bargaining, or as spaces of consensus. In contrast, we build on a contestatory deliberative perspective, which gives equal value to both contestation and consensus. We identify four types of internal contestation which can be (...) present in MSIs—procedural, inclusiveness, epistemic, and ultimate-goal—and argue that embracing contestation and engaging in ongoing revision of provisional agreements, criteria, and goals can enhance the democratic quality of MSIs. Finally, we explore the implications of this perspective for theorizing about the democratic quality in MSIs and about the role of corporations in transnational governance. (shrink)

This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in (...) cases of contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. (shrink)

I argue that capitalism presents a threat to “democratic contestation”: the egalitarian, socially distributed capacity to affect how, why, and whether power is used. Markets are not susceptible to mechanisms of accountability, nor are they bearers of intentions in the way that political power-holders are. This makes them resistant to the kind of rational, intentional oversight that constitutes one of democracy’s social virtues. I identify four social costs associated with this problem: the vulnerability of citizens to arbitrary interference, the (...) insensitivity of markets to relevant interests, failures of trust in the market system, and the inhibition of social deliberation about matters of public concern. I make general two suggestions about how we might ameliorate these problems: First, as a way of introducing some measure of intentionality to large-scale patterns of business activity, the reconceptualization of such activity as participation in larger group actions; second, the development of deliberative bodies that bring together business actors, policy experts, and diverse citizens in an effort to better characterize and transmit the public values that business should serve. (shrink)

ABSTRACT:This article provides a normative justification for unions. It discusses three arguments. The argument from consent justifies unions in some circumstances, but if the employer prefers to not bargain with unions, it may provide very little justification. The argument from contestability takes as its starting point the fact that employment contracts are incomplete contracts, where authority takes the place of complete contractual terms. This theory of contracts implies that consent to authority has been given under ignorance, and, therefore, that authority (...) cannot be justified by consent. Contestability is a mechanism that can handle this problem for consent theory. It demands transparency, channels for voice, and a forum where contestations can be evaluated. This idea can be implemented in firms in different ways, but the argument from the separation of powers implies that unions are uniquely suited to implement contestability, since they are organized outside of the employer’s domain of authority. (shrink)

Writing about secession is not an easy task for a political philosopher. Yet, writing about secession in India raises further practical and theoretical problems. The incredible task of professor Chandhoke’s book, Contested Secessions, is thus to provide a restatement of a liberal theory of secession, understood as a remedial right theory, which is still compatible with situations of contested secessions, such as those occurring in post-colonial societies like India. This paper focuses on two distinct yet related aspects of (...) Chandhoke’s theory: her distinctive version of remedial right theory, and her emphasis on a form of comprehensive pluralist liberalism. I argue that this approach might result in inconsistency due to the conflicting demands of these two approaches. If we take seriously Chandhoke’s political claim in favour of the legitimacy of what she calls “formal” democracy, further clarifications are needed with respect to the account of pluralism she proposes. (shrink)

Contestable motives of filing reports comprise a set of factors which were not present in the origin of the reported criminal act, as stated by the reporting individual. The objective of such reports is to create circumstances which would lead to the either an imaginary or implicated perpetrator being brought to criminal justice. These types of reports generate a number of doubts and investigative problems. Recently, in the light of newly introduced legislative changes into the methods of investigative procedures in (...) relation to sexual assault, this issue has become much more significant. The following publication includes a detailed description of the legal and psychological situation of an individual who has been classified as a victim in a case of sexual assault. The article includes an analysis of statistical data encompassing the period after the introduction of the aforementioned legislative changes in the type of investigative procedures as well as a qualitative analysis of the major factors influencing the process of filing contestable reports of such crimes. The research has been conducted on the basis of analysing a total of 50 cases. It is the opinion of the author that an expert court psychologist, whose presence is mandatory in these types of cases and whose opinion formulated in the course of preparatory proceedings ought to play a key role in the disclosure of false pretences accompanying such reports. (shrink)

Stanley Fish opens the collection with a persuasive argument for the role of intention and biography. Michael McKeon, Gordon Turnbull, and Jerome Christensen are concerned with the late eighteenth--and early nineteenth-century English cultural discourse that gave rise to the nearly simultaneous emergence of literary biography, Romantic sensibility, and reflexive human consciousness. The essays by Alison Booth, Cheryl Walker, and Sharon O'Brien reveal that the recognition or lack thereof the biographical subject has received and remains both a problem and an (...) opportunity for women writers and readers. The essays by Valerie Ross, Rob Wilson, Steven Weiland, and William Epstein pursue the question of difference and cultural reification in the theory and practice of a specifically American biography and biographical criticism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.2 (2000) 263-283 [Access article in PDF] Contesting Metaphors and the Discourse of Consciousness in William James Jill M. Kress Ah, not to be cut off,not by such slight partitionto be excluded from the stars' measure.What is inwardness?What if not sky intensified,flung through with birds and deepwith winds of homecoming? --Rainer Maria Rilke William James's lifelong attention to questions about human mental experience (...) elucidates the development of the concept of consciousness through its realization in fields as disparate as natural science, radical empiricism, and religious mysticism. 1 Over the course of a career that both establishes and traverses disciplinary boundaries, James's work embodies tensions between scientific explanations for mental phenomena and the inescapability of metaphysical arguments. Jamesian psychology thus alternates between materialist and spiritualist assumptions of scientists and philosophers at the turn of the century, joining their compulsive investigations into the nature of consciousness. 2 Most readers [End Page 263] of James puzzle over the theoretical contradictions within his work, debating central philosophical dilemmas concerning the status of the conscious self. Perhaps the most paradoxical aspect of James's theories, his response to dualism, emerges as he attempts to negotiate ethereal explanations for consciousness with bodily processes. 3 The mind-body problem disrupts James's more delicately balanced theories, a disruption registered explicitly through the metaphors in his texts.Reading The Principles of Psychology (1890) alongside "Does 'Consciousness' Exist" (1904), this essay demonstrates how figurative language directs James's study of consciousness. I argue that metaphor does more than describe consciousness; metaphor constructs James's arguments, governs his conflicting theories of mind through a series of rhetorical configurations and provokes the continual reconstruction of his ideas of human subjectivity. Furthermore, while it is impossible for James to explain and to study consciousness without metaphor, he experiences great anxiety about using language, figurative or otherwise, to represent his object of study. The language becomes more powerful than his intentions or designs and, indeed, raises implications that James cannot control. James possesses a heightened awareness of what he crafts with words; he also, perhaps more penetratingly, acknowledges the inadequacy of any linguistic system to realize concepts thoroughly. 4 Struggling over appropriate "names" and "terms" for consciousness, James presupposes some clearly delineated concept around which we might wrap a verbal expression; yet he also seems painfully aware that every new metaphor launches an entirely new theory. Fluid and unpredictable, consciousness becomes like language itself, yielding its power precisely because it can be so many things at once. The ultimate principle of Jamesian consciousness seems to be its creative capacity; still, once James admits that the problem of consciousness is a problem of language, his carefully constructed designs begin to unravel. Though consciousness will be translated into James's notion of "pure experience" by the time he writes the radical empiricism [End Page 264] essays, James remains simultaneously committed to his figures (especially of the "stream of consciousness") and ambivalent about the account of consciousness that they provide. James helps create the modern self with its enhanced individuality, though his metaphors at once direct us inward to a centered, private self and propel us outward to find consciousness materializing in the fluxional cycle of the natural world.In presenting his initial theory of the stream of our thoughts, James argues for its coherence. His most famous metaphor of the "stream" of consciousness appears to saturate the varied material of the mind, its water washing over and through any distinctions or separations which the mind might present: Consciousness, then, does not appear to itself chopped up in bits. Such words as "chain" or "train" do not describe it fitly as it presents itself in the first instance. It is nothing jointed; it flows. A "river" or a "stream" are the metaphors by which it is most naturally described. In talking of it hereafter, let us call it the stream of thought, of consciousness, or of subjective life. 5James's desire to find words that are more "natural... (shrink)

One particularly serious criticism of Karl Rahner’s fundamental theology on postmodern grounds has been articulated by Francis Schüssler Fiorenza. Specifically, Fiorenza criticizes the mystagogical or “maieutic” aspect of Rahner’s method, its alleged progression from implicit experience to explicit historical concretions. This characteristic, in Fiorenza’s estimation, legitimates those who level a claim of tautology against the transcendental method. Furthermore, Fiorenza argues that the maieutic character of Rahner’s transcendental method undercuts truly historical questions. The key problem with assessing Fiorenza’s critique of (...) Rahner is primarily Fiorenza’s imprecision with his use of terms. Two questions in particular remain unresolved. First, which foundationalism is the supposed foundationalism present in Rahner’s method? Second, whose conception of hermeneutics is included under the rubric of “hermeneutics"? In this paper I argue that Rahner executes a truly hermeneutical theological method that escapes Fiorenza’s foundationalist critique. (shrink)

This accessible and wide-ranging introduction to critical theory provides a comprehensive overview of the practice, role, and importance of theory across the humanities and social sciences. It not only maps a notoriously complex area, but it also enables the reader to take the arguments and apply them in practice. Starting with an explanation of how theory relies on implicit assumptions that inform interpretations, the book moves on to depict the long-term philosophical problems that have fed into much 20th century thinking (...) and also more recent debates. The philosophical grounds of contemporary thought are traced from Plato through Descartes to the work of Heidegger and Freud and on to recent developments in structuralism and deconstruction that critically revise many of the previous terms of debate. (shrink)

In this article I discuss the emergence of Female Sexual Dysfunction within American psychiatry and beyond in the postwar period, setting out what I believe to be important and suggestive questions neglected in existing scholarship. Tracing the nomenclature within successive editions of the American Psychiatric Association’s Diagnostic and Statistical Manual, I consider the reification of the term ‘FSD’, and the activism and scholarship that the rise of the category has occasioned. I suggest that analysis of FSD benefits from scrutiny of (...) a wider range of sources. I explore the multiplicity of FSD that emerges when one examines this wider range, but I also underscore a reinscribing of anxieties about psychogenic aetiologies. I then argue that what makes the FSD case additionally interesting, over and above other conditions with a contested status, is the historically complex relationship between psychiatry and feminism that is at work in contemporary debates. I suggest that existing literature on FSD has not yet posed some of the most important and salient questions at stake in writing about women’s sexual problems in this period, and can only do this when the relationship between ‘second-wave’ feminism, ‘post-feminism’, psychiatry and psychoanalysis becomes part of the terrain to be analysed, rather than the medium through which analysis is conducted. (shrink)

In this paper, I pursue a dialogue between John Dryzek and Robert E. Goodin’s positions on deliberative democracy’s ‘problem of economy’ with an eye toward a synthesis that could lead us toward a conception of deliberation that counters the threat to legitimacy posed by this problem. By sketching a view that makes the two accounts more consonant by casting discourses as intersubjectively constituted, with deliberation as the contestation of intersubjectively constituted discourses in the public sphere, we ought to (...) be able to describe democratic legitimacy as being linked to the epistemic quality of deliberation while not succumbing to the problem of economy. This would thereby maintain deliberative democracy’s critical edge and feasibility and legitimize the deliberative democratic model as a standpoint to critically evaluate social relations and collective decisions, such that our politics can be rendered more just. (shrink)

In this paper, I pursue a dialogue between John Dryzek and Robert E. Goodin’s positions on deliberative democracy’s ‘problem of economy’ with an eye toward a synthesis that could lead us toward a conception of deliberation that counters the threat to legitimacy posed by this problem. By sketching a view that makes the two accounts more consonant by casting discourses as intersubjectively constituted, with deliberation as the contestation of intersubjectively constituted discourses in the public sphere, we ought to (...) be able to describe democratic legitimacy as being linked to the epistemic quality of deliberation while not succumbing to the problem of economy. This would thereby maintain deliberative democracy’s critical edge and feasibility and legitimize the deliberative democratic model as a standpoint to critically evaluate social relations and collective decisions, such that our politics can be rendered more just. (shrink)

This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in (...) cases of contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. -/- . (shrink)

Recent events around the world point to the dire need to counter harmful unconscious bias. Reams of evidence now exists that literal pre-judgement in regards to race, sex, ethnicity, age and religion among other categories strongly affects our behaviour in ways that when we consciously contemplate it, we would condemn. Using Community of Inquiry methods in developing critical reasoning and empathy offer some possible remedies but also hold pitfalls. The dilemma concerns the fact that if harmful unconscious connotative representations are (...) unconscious, then it’s terribly hard to spot and correct them. We need a better way of exploring our own poorly-arrived at beliefs: we need other people. Mikhail Bakhtin’s notion of dialogic understanding allows meaning to be created through the process of discussion. It gets particularly interesting when this idea combines with the notion of a “floating signifier.” This suggests that a discussion could then also alter the connotative value of words, signs and concepts through making what had been hidden overt. This paper explores the ways that the dilemma of damaging discourse could be altered and strategies for interrupting this, including the format of a Community of Inquiry. The promise offered by a Community of Inquiry is that connotative meanings can be made explicit. It also points to the challenge: unveiling hidden bias only becomes possible in a setting of great diversity. In the end, while a Community of Inquiry may not be able to solve the problem of unconscious bias, it may help combat the consequences. (shrink)

Recent events around the world point to the dire need to counter harmful unconscious bias. Reams of evidence now exists that literal pre-judgement in regards to race, sex, ethnicity, age and religion among other categories strongly affects our behaviour in ways that when we consciously contemplate it, we would condemn. Using Community of Inquiry methods in developing critical reasoning and empathy offer some possible remedies but also hold pitfalls. The dilemma concerns the fact that if harmful unconscious connotative representations are (...) unconscious, then it’s terribly hard to spot and correct them. We need a better way of exploring our own poorly-arrived at beliefs: we need other people. Mikhail Bakhtin’s notion of dialogic understanding allows meaning to be created through the process of discussion. It gets particularly interesting when this idea combines with the notion of a “floating signifier.” This suggests that a discussion could then also alter the connotative value of words, signs and concepts through making what had been hidden overt. This paper explores the ways that the dilemma of damaging discourse could be altered and strategies for interrupting this, including the format of a Community of Inquiry. The promise offered by a Community of Inquiry is that connotative meanings can be made explicit. It also points to the challenge: unveiling hidden bias only becomes possible in a setting of great diversity. In the end, while a Community of Inquiry may not be able to solve the problem of unconscious bias, it may help combat the consequences. (shrink)

SummaryThe problem of conquests and territorial expansion, including their interpretation, evaluation, and legitimisation, has been crucial for European national historiographies. Consequently, attempts by the Holy Roman emperors, particularly of the Saxon and Hohenstaufen dynasties, to control Italy and Burgundy were hotly debated among nineteenth-century German historians, while Poland's union with Lithuania, and the annexation of the vast territories of the east which followed, was a central topic for Polish historians of the time. Modern historians of historiography in both countries (...) have carefully analysed these narratives, emphasising their ideological and political contexts, such as their involvement in the Grossdeutsch versus Kleindeutsch controversy and the controversy between the so-called Cracow and Warsaw historical schools. In this paper I propose a comparative analysis of these two discourses which dealt with analogical issues and, as I demonstrate, developed with a parallel dynamic. Such an analysis, I argue, allows an escape from the paradigm of national exceptionalism, and the discovery of what was typical or, perhaps, constitutive of the discourse on territorial expansion of the time, instead of focusing on the uniqueness of the national context. This analysis embraces the conceptualisation, argumentation, and rhetoric of those nineteenth-century German and Polish historians discussing the expansion of the medieval Holy Empire and early-modern Poland. Moreover, it locates their interpretations within an international context of a broader Western historiographical tradition, involving issues of domination, cultural transfer, and colonialism. Finally, it examines the parallel mechanism of searching for, advocating, and perpetuating the idea of uniqueness of national history. (shrink)

This article argues that current economic upheaval should be understood as a problem of domination, in two respects: the ‘dyadic’ domination of one actor by another, and the ‘structural’ domination of individuals by a diffuse, decentralized, but nevertheless human-made system. Such domination should be contested through specifically democratic political mobilization, through institutions and practices that expand the political agency of citizens themselves. The article advances this argument by synthesizing two traditions of political thought. It reconstructs radical democratic theory (...) from the Progressive Era. These thinkers in turn help to reinforce contemporary debates in neorepublican thought, resolving disputes over the scope of domination and the relationship between domination and democracy. This synthesis offers a novel normative framework for diagnosing and responding to the current combination of economic upheaval and political dysfunction. (shrink)

An inter-governmental hearing on hydrofracking for natural gas is examined. The Department of Environmental Conservation recently released an Environmental Impact Statement and takes questions from the New York State Assembly. Assembly members pose concerns with the EIS. The DEC’s responses at times appear to not address the question, but rather to challenge or rework the question in a way that can be answered from the DEC perspective. Assembly members assess seeming evasive answers in critical ways. This interactional pattern is examined (...) from a discursive analysis perspective as problem–accounts–assessments sequences. Especially notable are the discursive practices of reported speech and metadiscourse in these accounting sequences. The conflicting assessments are not based on ‘the facts’, but on which facts are relevant. The DEC can be heard as advocating for their draft of the EIS despite the concerns raised by the Assembly. At certain junctures, Assembly members accuse the DEC of being biased or evasive, which does not make for the trust needed to reach consensus. At stake in this hearing is the construction of environmental or public health risk and whether or not to permit hydrofracking. (shrink)

Theorists about love typically downplay the scale of persistent and possibly intractable disagreement about love. Where they have considered such disagreements at all, they have tended to treat them as an example of the lack of clarity surrounding the concept of love, a problem which can be resolved by philosophical analysis. In doing so, they invariably slip into prescriptive mode and offer moral injunctions in the guise of conceptual analyses.This article argues for philosophical modesty. I propose that the starting (...) point of any coherent philosophical investigation of love must be a willingness to take our disagreements seriously. These disagreements stem from profound moral differences: we disagree about love inasmuch as we disagree about how we should properly treat one another.With a series of examples drawn from philosophy, literature and real life I attempt to illustrate some of the disagreements that arise in relation to erotic love. Drawing upon the work of Wittgenstein, Friedrich Waissman and W.B. Gallie, I suggest that any robust theory of love needs to take account of its contestable nature and the integral role it plays in our moral life. (shrink)

The 3rd Pan-African Ethics Human Rights and Medical Law (3rd EHRML) conference was held in Johannesburg on July 7, 2013, as part of the Africa Health Congress. The conference brought together bioethicists, researchers and scholars from South Africa, Zimbabwe, Kenya and Nigeria working in the field of bioethics as well as students and healthcare workers interested in learning about ethical issues confronting the African continent. The conference which ran with a theme of "Bioethical and legal perspectives in biomedical research and (...) medical practice in Africa with a focus on: Informed consent, HIV-AIDS & Tuberculosis, leadership & organizational ethics, patients and healthcare workers rights," was designed to expand the dialogue on African bioethics beyond the traditional focus on research ethics and the ethical dilemmas surrounding the conduct of biomedical research in developing countries. This introductory article highlights some of areas of focus at the conference including issues of leadership, organizational ethics and patients and healthcare workers rights in Africa. We analyze the importance of free speech, public debate of issues, argumentation and the need to introduce the teaching and learning of ethics to students in Africa in accordance with UNESCO guidelines. This article also focuses on other challenges confronting Africa today from an ethical standpoint, including the issues of poor leadership and organizational ethics which are main contributors to the problems prevalent in African countries, such as poverty, poor education and healthcare delivery systems, terrorism, social inequities, infrastructural deficits and other forms of 'structural violence' confronting vulnerable African communities. We believe that each of the eight articles included in this supplement, which have been rigorously peer-reviewed are a good example of current research on bioethics in Africa, and explore some new directions towards broadening the African bioethics agenda as we move forward to a new dawn for Africa in the 21st century. (shrink)

Philosophers exploring the ethical implications of closeness, or ‘given intersubjectivity’, favor an essential human predicament over an essential sexual dualism to explain their positions on responsibility for and response to the Other. This article proposes a feminist ethical ontology that rejects an essentialist base, turning instead to semiotics as a tool for describing the condition of human agency in a context of oppression. The discussion attends to the problems of downplaying the importance of difference and of blurring the distinction between (...) necessary and accidental actions and occurrences. In challenging the contention that response to the Other is beyond the realm of choice and will, this article considers the ethical implications in how this givenness substantiates inequality and gendered embodiment. The effects of hierarchical ontological dualism should not be ignored or misconstrued in an effort to isolate the definitive nature of human response. (shrink)

In the Fray collects David Gushee's most significant essays over twenty years as a Christian intellectual. Most of the essays were written in situations of ethical conflict on the highly contested ground of Christian public ethics. Topics addressed include torture, climate change, marriage and divorce, the treatment of gays and lesbians in the church, war, genocide, nuclear weapons, race, global poverty, faith and politics, Israel/Palestine, and even whether Christian ethics is a real academic discipline. Quite visible in the collection (...) is Gushee's deep research interest in the Nazi era in Germany and how the churches fared in resisting Nazi intimidations and seductions and, finally, the Holocaust. All essays reflect the desire for a church that has learned the lessons of that period--a church with resistance to racism, militarism, nationalism, and other social-ideological toxins, and with the discernment and courage to resist these in favor of a courageous allegiance to the lordship of Christ at the time of testing. Considerable attention is directed to contesting some of the public ethics found in the author's own US evangelical Christian community. Concluding reflections on Gushee's ethical vision are offered in an illuminating essay by senior Christian ethicist Glen Harold Stassen. (shrink)

Racial capitalism depends on the reproduction of an existing racialized economic order. In this article, I argue that the disavowal of past injustice is a central way in which this reproduction is ensured and that market-based forms of knowledge production, such as for-profit predictive practices, play a crucial role in facilitating this disavowal. Recent debates about the fairness of algorithms, data justice, and predictive policing have intensified long-standing controversies, both popular and academic, about the way in which statistical and financial (...) modes of accounting and predicting articulate, represent and produce ascriptive categories of hierarchically ordered social difference, and reproduce unjust social hierarchies and inequalities. These debates have productively problematized the racial lives of seemingly apolitical predictive technologies and demanded the re-politicization of predictive practices. What has been missing from these debates so far, however, is a more explicit engagement with ways in which anti-racist movements and activists themselves have contested the entanglements of prediction and race making. I turn to a recent prominent example, namely the contestation over racial discrepancies in subprime lending to examine how fair lending activists have conceptualized and troubled the reproduction of a racialized economic order through for-profit predictive practices in the decade before the Great Financial Crisis. I situate this particular example in the broader historical and political context of politicizing prediction that first emerged with the ascendancy of a liberal, individualist-proprietary conception of risk, and the political problem space to which this has given rise. My analysis shows that actuarial conceptions of fairness continue to reverberate in anti-racist contestations of for-profit predictive practices, and that they tend to marginalize and undercut more radical strands of critique of the racialization of financial markets. Insofar as these modalities of contestation implicitly reproduce a liberal, proprietary-individualist conception of risk, I argue, they fail to effectively challenge the quasi-alchemical transformation of injustice into personal responsibility, and thus contribute to the disavowal of past injustice. (shrink)

A comprehensive look at the intellectual and cultural innovations of the Weimar period During its short lifespan, the Weimar Republic witnessed an unprecedented flowering of achievements in many areas, including psychology, political theory, physics, philosophy, literary and cultural criticism, and the arts. Leading intellectuals, scholars, and critics—such as Hannah Arendt, Walter Benjamin, Ernst Bloch, Bertolt Brecht, and Martin Heidegger—emerged during this time to become the foremost thinkers of the twentieth century. Even today, the Weimar era remains a vital resource for (...) new intellectual movements. In this incomparable collection, Weimar Thought presents both the specialist and the general reader a comprehensive guide and unified portrait of the most important innovators, themes, and trends of this fascinating period. The book is divided into four thematic sections: law, politics, and society; philosophy, theology, and science; aesthetics, literature, and film; and general cultural and social themes of the Weimar period. The volume brings together established and emerging scholars from a remarkable array of fields, and each individual essay serves as an overview for a particular discipline while offering distinctive critical engagement with relevant problems and debates. Whether used as an introductory companion or advanced scholarly resource, Weimar Thought provides insight into the rich developments behind the intellectual foundations of modernity. (shrink)

This paper makes the case for conceptualizing news as a contested commodity. It offers an unprecedented application of commodification theory to the problem of the sustainability of a free press in a democracy. When the news media are expected to be purveyors of the public interest while pursuing profits for their corporate owners, the result often is a clash of capitalist and journalistic imperatives. The amoral values of the market system conflict with the moral agency of a free (...) press, and the two are inherently incompatible. This study presents a synthesis of otherwise divergent theoretical perspectives to examine the free press-free market paradox from a new vista. The author concludes regulatory reforms are needed to insulate the press from the predatory expansion of a free market system that permeates every aspect of social life, including the production of news. “American mainstream media have become the watchdog and guardian of the corporate bottom line instead of the vanguard of democracy and the public interest…. Driven by profit maximization … Instead of protecting against abuses of government power by keeping the public adequately informed, they have become complicit in destabilizing and undermining American democracy.” —Elliot D. Cohen (2005a, p. 17). (shrink)

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

This book puts a creative new reading of Hans-Georg Gadamer's philosophical hermeneutics and literary genre theory to work on the problem of Scripture. Reading texts as Scripture brings two hermeneutical assumptions into tension: that the text will continually say something new and relevant into the present situation, and that the text has stability and authority over readers. Given how contested the Bible's meaning is, how is it possible to 'read Scripture' as authoritative and relevant? Rather than anchor meaning (...) in author, text or reader, Gadamer's phenomenological model of hermeneutical experience as Spiel ('play') offers a dynamic, intersubjective account of how understanding happens, avoiding the dead end of the subjective-objective dichotomy. Modern genre theory addresses some of the criticisms of Gadamer, accounting for the different roles played by readers in different genres using the new term Lesespiel ('reading game'). This is tested in three case studies of contested texts: the recontextualization of psalms in the book of Acts, the use of Hagar's story (Genesis 16) in nineteenth-century debates over slavery and the troubling reception history of the rape and murder in Gibeah (Judges 19). In each study, the application of ancient text to contemporary situation is neither arbitrary, nor slavishly bound to tradition, but playful. (shrink)

What makes feminist theory feminist? How did so many different feminisms come to exist? In Fundamental Feminism, Judith Grant addresses these questions by offering a critical exploration of the evolution of feminist theory and the state of feminist thinking today. Grant provides a lively assessment of the major problems of contemporary feminist thought and identifies a set of common assumptions that link the wide variety of feminist theories in existence. Fundamental Feminism calls for nothing less than a substantial revision of (...) the core concepts responsible for shaping feminist theory as we now know it. Grant identifies and critiques three core concepts of feminist theory--"woman," "experience," and "personal politics"--from their origins in pamphlets and writings from the early women's liberation movement to their current construction in feminist thought. She then connects a number of major debates in feminism today to the longstanding influence of these core assumptions. These debates include the hegemony of the white female perspective, the tension between anti-pornography and pro-sex feminists, and the discussions surrounding the challenges presented by postmodernism. Grant gives readers valuable insight into the dilemma facing feminist theory today. Fundamental Feminism is a thorough and provocative analysis that will be essential reading for anyone interested in the future of feminist theory and the power of feminist politics. (shrink)

Obtaining community consent before conducting genetic research seems to be a way of ensuring that a whole community is not harmed against its wishes—that all Jews, or all African Americans, or all Hutterites are not forced to learn things about themselves they would rather not know, or are not forced into identities they would rather not have. Unfortunately, there are insurmountable problems both in identifying the right representatives of the community and in obtaining their consent.

Le problème du temps chez Michel Henry n’a pas encore fait l’objet d’une étude séparée. Le rejet abrupt de cette question chez l’auteur n’a certainement pas favorisé l’intérêt des critiques pour ce sujet. Dans un premier temps, en 1963 dans L’Essence de la manifestation , Michel Henry considère le problème du temps (à travers le filtre du Kantbuch de Heidegger) comme étant le « même » que celui de la récepti­vité, soit en le renvoyant à l’auto-affection. Celle-ci étant comprise comme (...) opposée ou, mieux encore, comme « étrangère » au kantisme, en tant qu’elle est affection pathétique de soi à soi. Puis, en 2000, dans Incarnation , Michel Henry conteste au « flux temporel » des Leçons pour une conscience intime du temps de Husserl la volonté néantisante du moment présent, tout en l’utilisant subrepticement dans des moments clés de son argumentation ; il lui oppose le sens de l’ « apparaître » s’auto-fondant. Enfin, nous proposons de reprendre les concepts henryens d’ « effort » et de « pouvoir-toucher », présents dans la deuxième partie d’ Incarnation , pour penser une « origine de l’espacement » préalable à la pensée de la tempora­lité ek-statique comme à celle de l’espace. (shrink)

Many philosophers have found change puzzling. How can it be that something changes in its properties and yet remains the same thing? How can one and the same thing have these different properties? Questions of this sort, about the persistence of things through change, have been an ongoing feature of philosophical discussion since the beginning of the discipline. I think that there is something puzzling here, and that investigating change can be a fruitful way of trying to understand a nest (...) of connected issues concerning identity, time, tense, objects, properties, and instantiation. But not all agree. In some fairly recent papers, for instance, it has been argued that change is not problematic: there is nothing to be worried about. The phenomenon of change, it is suggested, is not one of particular philosophical interest, and we shouldn’t expect it to illuminate our wider discussion. As I have said, I think that change is problematic. I think it is initially mysterious how things can change. I believe working through the problem can tell us things about what the world is like, and thus that it is worthwhile doing so. In this paper I’ll defend the problem from the attempted dissolutions of it. In brief, my argument will be that what we are offered is not a real dissolution of the problem but rather an existing solution to the problem, namely adverbialism. This solution is not universally or even generally accepted. Pointing to a contested solution to a problem is doesn’t successfully dissolve that problem, so the problem of change is not successfully dissolved. (shrink)

The relationship between an author's and an audience's intentions is complex but need not preclude mutual engagement. This philosophical investigation challenges existing literary and rhetorical perspectives on intention and offers a new framework for understanding the negotiation of meaning. It describes how an audience's intentions affect their interpretations, shows how audiences negotiate meaning when faced with a writer's undecipherable intentions, and defines the scope of understanding within rhetorical situations. Introducing a concept of intention into literary analysis that supersedes existing rhetorical (...) theory, Arabella Lyon shows how the rhetorics of I. A. Richards, Wayne Booth, and Stanley Fish, as well as the hermeneutics of Hans-Georg Gadamer, fail to account for the complex interactions of author and audience. Using Kenneth Burke's concepts of form, motive, and purpose, she builds a more complex notion of intention than those usually found in literary studies, then employs her theory to describe how philosophers read Wittgenstein's narratives, metaphors, and reversals in argument. Lyon argues that our differences in intention prevent consistency in interpretations but do not stop our discussions, deliberations, and actions. She seeks to acknowledge difference and the communicative problems it creates while demonstrating that difference is normal and does not end our engagement with each other. _Intentions_ combines recent work in philosophy, literary criticism, hermeneutics, and rhetoric in a highly imaginative way to construct a theory of intention for a postmodern rhetoric. It recovers and renovates central concepts in rhetorical theory—not only intention but also deliberation, politics, and judgment. (shrink)

The relationship between an author's and an audience's intentions is complex but need not preclude mutual engagement. This philosophical investigation challenges existing literary and rhetorical perspectives on intention and offers a new framework for understanding the negotiation of meaning. It describes how an audience's intentions affect their interpretations, shows how audiences negotiate meaning when faced with a writer's undecipherable intentions, and defines the scope of understanding within rhetorical situations. Introducing a concept of intention into literary analysis that supersedes existing rhetorical (...) theory, Arabella Lyon shows how the rhetorics of I. A. Richards, Wayne Booth, and Stanley Fish, as well as the hermeneutics of Hans-Georg Gadamer, fail to account for the complex interactions of author and audience. Using Kenneth Burke's concepts of form, motive, and purpose, she builds a more complex notion of intention than those usually found in literary studies, then employs her theory to describe how philosophers read Wittgenstein's narratives, metaphors, and reversals in argument. Lyon argues that our differences in intention prevent consistency in interpretations but do not stop our discussions, deliberations, and actions. She seeks to acknowledge difference and the communicative problems it creates while demonstrating that difference is normal and does not end our engagement with each other. _Intentions_ combines recent work in philosophy, literary criticism, hermeneutics, and rhetoric in a highly imaginative way to construct a theory of intention for a postmodern rhetoric. It recovers and renovates central concepts in rhetorical theory—not only intention but also deliberation, politics, and judgment. (shrink)

Problem of truth and reality is age old in the field of philosophy as well as in the field of science. People very often confuse between ‘Truth’ and ‘Reality’ Most people think them to be one and the same, but there are differences. Whatever exist is real, reality and existence are interchangeable words. We can say truth, which is unchangeable and reality, which exist but change. False, which is not exist at all. People have suggested various taste to decide (...) the truth falsity of our description of reality. Some suggested Pragmatic theory and some other have suggested Coherence as a test of truth. Realism is also an ontological theory and has been probably the most ancient one. According to ancient man, real is that which perceived. Latter on, due to religious impact the knower became more important then the knowing object. Barkeley developed an extreme position that the objective material world does not exist at all. Dewey has developed the position called Instrumentalism. Halt, Perry, Marvin, Pitkin are the chief advocates of this position. Philosophers such as Darke, Lovejoy, Cellars, and Santayana held a position of Critical Realism. These people hold that mind does not see the object directly as they are but only through their representatives, as regards the object of knowledge is concerned, the Neo Realist are monist while Critical Realist are dualist. Indian rationalist philosopher Dr. D.D. Bandiste introduces a new concept of reality Radical Realism. He proved that knowledge change the knower not the object. to him every new knowledge make some change or other inthe knowing person. Epistemological position of john Dewey called instrumentalism. According to him knowledge is an instrument of action and a meaningful action is always of a problem-solving type. Every knowledge is an instrument to serve some need or other, neither is any knowledge final, nor is any truth final. Not only everything in the world is changing, their mutual relations also change. Knowledge is not a goal, but only a instrument to achieve this or that goal. In my paper I haves discussed various theories regarding whether knowledge change the object known. In this contest I have discussed varieties of realism, Idealismand so on, but importantly I have also discussed a new theory Radical Realism. (shrink)

This book addresses the problem of how to make democratically-legitimate public policy on issues of contentious bioethical debate. It focuses on ethical contests about research and their legitimate resolution, while addressing questions of political legitimacy. How should states make public policy on issues where there is ethical disagreement, not only about appropriate outcomes, but even what values are at stake? What constitutes justified, democratic policy in such conflicted domains? Case studies from Canada and Australia demonstrate that two countries sharing (...) historical and institutional characteristics can reach different policy responses. This book is of interest to policymakers, bioethicists, and philosophers, and will deepen our understanding of the interactions between large-scale socio-political forces and detailed policy problems in bioethics. (shrink)

The student as consumer has emerged as a common motif and point of contestation in educational philosophy over the past two decades, as part of the critique of the neoliberal educational re...

In the 1980s and early 1990s, the normativity of meaning was thought to be more-or-less 'incontestable.' But in the last 25 years, many philosophers of mind and language have contested it in several seemingly different ways. This, however, is somewhat illusory. There is an unappreciated commonality among most anti-normativist arguments, and this commonality, I argue, poses a problem for anti-normativism. The result, however, is not a wholesale rejection of anti-normativism. Rather, an insight from the anti-normativist position can be (...) harnessed to reveal an unappreciated position in the normativity of meaning debate. (shrink)

In this paper, we describe technological advances for supporting persons with aphasia in philosophical dialogues about personally relevant and contestable questions. A computer game-based application for iPads is developed and researched through Living Lab inspired workshops in order to promote the target group’s communicative participation during group argumentation. We outline some central parts of the background theory of the application and some of its main features, which are related to needs of the target group. Methodological issues connected to the design (...) and use of Living Labs with persons with aphasia are discussed. We describe a few problems with researching development of communicative participation during group argumentation using an app assisted intervention for the target group and suggest some possible solutions. (shrink)

We propose that scientific representation is a special case of a more general notion of representation, and that the relatively well worked-out and plausible theories of the latter are directly applicable to thc scientific special case. Construing scientific representation in this way makes the so-called “problem of scientific representation” look much less interesting than it has seerned to many, and suggests that some of the (hotly contested) debates in the literature are concerned with non-issues.

This book advocates for the philosophical import of care in re-evaluating problems of humanitarianism in the context of the ongoing international refugee and forced migration situation. In doing so, it rethinks the human capacity to care about the suffering of distant others. At a time when emotional resources are running low, there is a need to recast what it means to care, with the aim of generating a productive movement against the rise of value fundamentalism globally—embraced in mantras of ‘good (...) and evil’ and ‘us and them’—and to confront xenophobia and oppressive politics. The author draws upon a wide array of rich traditions, including historical and contemporary writings on self-care and care of the other, to re-examine the intersection of care ethics and justice. She also rethinks the relationship between care and contestation, here analyzed in the aesthetic, ethical, political, and religious domains of human experience. From within the context of this contingent historical repetition of political oppression, the book constructs a reminder not only of what it feels like to care, but how and why we should act upon our care. Care Ethics and the Refugee Crisis is an important contribution to the growing literatures on care ethics and immigration/forced migration in philosophy. It will also appeal to scholars and advanced students working in other disciplines such as political science, refugee and migration studies, and social anthropology. (shrink)

Roth claims that in constituting the sorts of events they want to connect, historians conceive matters that may not correlate with any inventory of elements eligible for admission by natural science. Given “the liabilities incurred by the very questions historians choose to ask,” the question of historical explanation is a problem of our own making. “Previous challenges to the epistemic legitimacy of historical explanations lose their point,” for no one can ask what kind of science or what kind of (...) explanation history is, since it is none! This is, unsurprisingly, an unacceptable outcome for me. A case can be made for intersubjective assertability of a historical interpretation and the contestation of it - however tentatively, fallibly, partially - without a complete collapse into the aesthetics of form or the politics of the formulator. The task of the philosophy of history is to work out the reconciliation of the performative with the constative in historical writing and in historical appraisal. (shrink)

Although its title promises a discussion of such matters as prostitution, surrogate motherhood, and markets in blood and organs, this book by a professor of law at Stanford University is really a treatise on market rhetoric, not markets. Its target is the intellectual application of the tools of economic analysis to spheres of human life—such as sexual relations, family life, bodily integrity, and political commitment—that are purportedly structured by moral values and ideals rather than cold calculation of advantage. The “Chicago (...) School” of economics, the law-and-economics movement, and public-choice theory are the culprits here. Writers in these intellectual movements, on Radin’s characterization, think of children as commodities with “a price and a demand function”, explain laws against vote-selling as solutions to externality problems, and count rape as “no different from any other preference satisfaction”. They “want to extend the market to everything” as a tool of thought. (shrink)