Legal judgment writing mobilises a process of story-telling, drawing on existing judicial discourses, precedents and practices to create a narrative relevant to the specific case that is articulated by the presiding judge. In the Feminist Judgments projects feminist scholars and activists have sought to challenge and reinterpret legal judgments that have disadvantaged, discriminated against or denied women’s experiences. This paper reflects on the process of writing as a feminist judge in the Australian Project, in an intimate homicide case, R v (...) Middendorp. Drawing on the work of Judith Butler on intelligibility, iterability and the communality of violence and vulnerability, this article argues that feminist judgments necessarily require some uncomfortable compromises with unjust gendered institutions. While ‘donning the robes’ may be an uncomfortable process, a feminist re-articulation of the law’s carceral power serves to unsettle and challenge some aspects of gendered oppression, even though it cannot unsettle the operation of the institution. The article concludes that effective feminist interventions by members of the judiciary may require donning robes that are not entirely comfortable in order to persuade and advocate for change. (shrink)

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

_The Nature of Moral Thinking_ is an introductory text to the questions of ethics, offering a solid philosophical and historical basis for understanding the central issues. Francis Snare discusses in detail the classical philosophical arguments of Plato and Butler in relation to relativism and subjectivism and treats Marx and Nietzsche in regard to the origins and explanation of morality.

_The Nature of Moral Thinking_ is an introductory text to the questions of ethics, offering a solid philosophical and historical basis for understanding the central issues. Francis Snare discusses in detail the classical philosophical arguments of Plato and Butler in relation to relativism and subjectivism and treats Marx and Nietzsche in regard to the origins and explanation of morality.

First published in 1993. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 1993. Routledge is an imprint of Taylor & Francis, an informa company.

This chapter presents an account of the life and work of Francis Hutcheson. It charts his career from its beginnings in Dublin to the attempt to cement his place in British intellectual life that was his posthumously published A System of Moral Philosophy. Hutcheson’s ideas were not universally welcomed and acclaimed. Religious conservatives constantly challenged him even after he was elected to the Glasgow chair of moral philosophy. The chapter describes the rationalist critique of Hutcheson’s moral sense theory, the (...) criticism levelled at his conception of natural benevolence by those who remained attached to philosophical egoism, and the complaints of those who, under the influence often of Joseph Butler, believed that Hutcheson’s ethics needed to be supplemented by a more substantial account of moral obligation. (shrink)

First Published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

First Published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

As we approach the end of the twentieth century, the ways in which knowledge--scientific, social, and cultural--is produced are undergoing fundamental changes. In The New Production of Knowledge, a distinguished group of authors analyze these changes as marking the transition from established institutions, disciplines, practices, and policies to a new mode of knowledge production. Identifying such elements as reflexivity, transdisciplinarity, and heterogeneity within this new mode, the authors consider their impact and interplay with the role of knowledge in social relations. (...) While the knowledge produced by research and development in science and technology is accorded central focus, the authors also outline the changing dimensions of social scientific and humanities knowledge and the relations between the production of knowledge and its dissemination through education. Placing science policy and scientific knowledge within the broader context of contemporary society, this book will be essential reading for all those concerned with the changing nature of knowledge, with the social study of science, with educational systems, and with the correlation between research and development and social, economic, and technological development. "Thought-provoking in its identification of issues that are global in scope; for policy makers in higher education, government, or the commercial sector." --Choice "By their insightful identification of the recent social transformation of knowledge production, the authors have been able to assert new imperatives for policy institutions. The lessons of the book are deep." --Alexis Jacquemin, Universite Catholique de Louvain and Advisor, Foreign Studies Unit, European Commission "Should we celebrate the emergence of a 'post-academic' mode of postmodern knowledge production of the post-industrial society of the 21st Century? Or should we turn away from it with increasing fear and loathing as we also uncover its contradictions. A generation of enthusiasts and/or critics will be indebted to the team of authors for exposing so forcefully the intimate connections between all the cognitive, educational, organizational, and commercial changes that are together revolutionizing the sciences, the technologies, and the humanities. This book will surely spark off a vigorous and fruitful debate about the meaning and purpose of knowledge in our culture." --Professor John Ziman, (Wendy, Janey at Ltd. is going to provide affiliation. Contact if you don't hear from her.) "Jointly authored by a team of distinguished scholars spanning a number of disciplines, The New Production of Knowledge maps the changes in the mode of knowledge production and the global impact of such transformations. . . . The authors succeed . . . at sketching out, in very large strokes, the emerging trends in knowledge production and their implications for future society. The macro focus of the book is a welcome change from the micro obsession of most sociologists of science, who have pretty much deconstructed institutions and even scientific knowledge out of existence." --Contemporary Sociology "This book is a timely contribution to current discussion on the breakdown of and need to renegotiate the social contract between science and society that Vannevar Bush and likeminded architects of science policy constructed immediately after World War II. It goes far beyond the usual scattering of fragmentary insights into changing institutional landscapes, cognitive structures, or quality control mechanisms of present day science, and their linkages with society at large. Tapping a wide variety of sources, the authors provide a coherent picture of important new characteristics that, taken altogether, fundamentally challenge our traditional notions of what academic research is all about. This well-founded analysis of the social redistribution of knowledge and its associated power patterns helps articulate what otherwise tends to remain an--albeit widespread--intuition. Unless they adapt to the new situation, universities in the future will find the centers of gravity of knowledge production moving even further beyond their ken. Knowledge of the social and cognitive dynamics of science in research is much needed as a basis of science and technology policymaking. The New Production of Knowledge does a lot to fill this gap. Another unique feature is its discussion of the humanities, which are usually left out in works coming out of the social studies of science." --Aant Elzinga, University od Goteborg. (shrink)

Politics is full of people who don’t care about the facts. Still, while not caring about the facts, they are often concerned to present themselves as caring about them. Politics, in other words, is full of bullshitters. But why? In this paper I develop an incentives-based analysis of bullshit in politics, arguing that it is often a rational response to the incentives facing different groups of agents. In a slogan: bullshit in politics pays, sometimes literally. After first outlining an account (...) of bullshit (Section 1), I discuss the incentives driving three different groups of agents to bullshit: politicians, the media, and voters (Section 2). I then examine several existing proposals to combat bullshit in politics, arguing that each will fail because they ignore the relevant underlying incentives (Section 3). I conclude somewhat pessimistically that a certain amount of bullshit in politics is inevitable (Section 4). (shrink)

The celebrated author of _Gender Trouble_ here redefines Antigone's legacy, recovering her revolutionary significance and liberating it for a progressive feminism and sexual politics. Butler's new interpretation does nothing less than reconceptualize the incest taboo in relation to kinship -- and open up the concept of kinship to cultural change. Antigone, the renowned insurgent from Sophocles's _Oedipus,_ has long been a feminist icon of defiance. But what has remained unclear is whether she escapes from the forms of power that (...) she opposes. Antigone proves to be a more ambivalent figure for feminism than has been acknowledged, since the form of defiance she exemplifies also leads to her death. Butler argues that Antigone represents a form of feminist and sexual agency that is fraught with risk. Moreover, Antigone shows how the constraints of normative kinship unfairly decide what will and will not be a livable life. Butler explores the meaning of Antigone, wondering what forms of kinship might have allowed her to live. Along the way, she considers the works of such philosophers as Hegel, Lacan, and Irigaray. How, she asks, would psychoanalysis have been different if it had taken Antigone -- the "postoedipal" subject -- rather than Oedipus as its point of departure? If the incest taboo is reconceived so that it does not mandate heterosexuality as its solution, what forms of sexual alliance and new kinship might be acknowledged as a result? The book relates the courageous deeds of Antigone to the claims made by those whose relations are still not honored as those of proper kinship, showing how a culture of normative heterosexuality obstructs our capacity to see what sexual freedom and political agency could be. (shrink)

Revisiting Edward Said's late proposals for a one-state solution, Butler has come to a startling suggestion: Jewish ethics not only demand a critique of Zionism, but must transcend its exclusive Jewishness in order to realize the ethical ...

_The Power of Religion in the Public Sphere_ represents a rare opportunity to experience a diverse group of preeminent philosophers confronting one pervasive contemporary concern: what role does—or should—religion play in our public lives? Reflecting on her recent work concerning state violence in Israel-Palestine, Judith Butler explores the potential of religious perspectives for renewing cultural and political criticism, while Jürgen Habermas, best known for his seminal conception of the public sphere, thinks through the ambiguous legacy of the concept of (...) "the political" in contemporary theory. Charles Taylor argues for a radical redefinition of secularism, and Cornel West defends civil disobedience and emancipatory theology. Eduardo Mendieta and Jonathan VanAntwerpen detail the immense contribution of these philosophers to contemporary social and political theory, and an afterword by Craig Calhoun places these attempts to reconceive the significance of both religion and the secular in the context of contemporary national and international politics. (shrink)

Conceptual engineers endeavor to improve our concepts. But their endeavors face serious practical difficulties. One such difficulty – rational conceptual conflict - concerns the degree to which agents are incentivized to impede the efforts of conceptual engineers, especially in many of the contexts within which conceptual engineering is viewed as a worthwhile pursuit. Under such conditions, the already difficult task of conceptual engineering becomes even more difficult. Consequently, if they want to increase their chances of success, conceptual engineers should pay (...) closer attention to – and devise strategies to mitigate – rational conceptual conflict. After outlining the phenomenon at greater length and mapping its connections to other similar practical problems (Section 1), I explore the dynamics of such conflict by way of several detailed case studies (Section 2). In particular, I focus on cases driven by material, social, and moral incentives. I then consider some important methodological implications of rational conceptual conflict (Section 3). Among other things, I argue that conceptual engineers should focus more heavily on cultivating settings that modify the payoffs and penalties associated with conceptual conflict. By such indirect means, they can incentivize conceptual cooperation rather than conflict, thus making it easier to achieve success in conceptual engineering. Section 4 concludes. (shrink)

Politics abounds with bad language: lying and bullshitting, grandstanding and virtue signaling, code words and dogwhistles, and more. But why is there so much bad language in politics? And what, if anything, can we do about it? In this paper I show how these two questions are connected. Politics is full of bad language because existing social and political institutions are structured in such a way that the production of bad language becomes rational. In principle, by modifying these institutions we (...) can reduce the prevalence of bad language. However, as I show, such practical efforts are fraught with difficulties. After first outlining an account of bad language (Section 1), I examine the rationality of three different types of bad language: inaccurate language, insincere language, and unclear language (Section 2). Next, I discuss the possibility of implementing institutional reforms to improve the quality of political discourse (Section 3). However, I then outline and discuss two serious complications for institutional reforms—namely, they create risk of abuse, and they could preclude instances of seemingly bad language that, in fact, are socially beneficial (Section 4). I conclude with some thoughts about how to pursue institutional reform in an appropriately circumspect manner (Section 5). (shrink)

Traditional definitions of determinism in terms of causation seem nowadays to have been largely superseded by accounts in terms of predictability. If it were true that all and only caused events were predictable then doctrines of universal causation and universal predictability would be equivalent and it would only remain to ask what advantages if any an indirect epistemological account had over a direct ontological one—none, one might have thought, more especially if the former presupposed the latter. In fact, however, the (...) two are by no means so simply and directly related: being caused is neither alone sufficient nor yet again is it necessary for predictability, or so at least I shall be endeavouring here to show. (shrink)

This book departs from much of the scholarship on Kant by demonstrating the centrality of imagination to Kant's philosophy as a whole. In Kant's works, human experience is simultaneously passive and active, thought and sensed, free and unfree: these dualisms are often thought of as unfortunate byproducts of his system. Gibbons, however, shows that imagination performs a vital function in "bridging gaps" between the different elements of cognition and experience. Thus, the role imagination plays in Kant's works expresses his fundamental (...) insight into the complexity of cognition for finite rational beings such as ourselves. (shrink)

The present ERP study investigated effects of subliminal emotional words on preference judgments about subsequent visual target stimuli . Each target was preceded by a masked 17-ms emotional adjective. Four classes of prime words were distinguished according to the combinations of positive/negative valence and high/low arousal. Targets were liked significantly more after positive-arousing primes , relative to negative-arousing , positive-nonarousing , and negative-nonarousing primes . In the target ERP, amplitude of right-hemisphere positive slow wave was increased after positive-arousing compared to (...) negative-arousing primes. Evaluative priming effects on judgments and ERPs were more pronounced in high state-anxious participants. The results suggest that there is indeed affective/semantic processing of unconscious words, evaluative priming operates relatively late during target processing, to be effective, prime words need to score high on the arousal dimension, and individual differences in state anxiety modulate the susceptibility to subliminal evaluative priming. (shrink)

The study focuses on the debates on self-love in early 18th - century British moral philosophy. It examines the intricate relations of these debates with questions concerning human nature and morality in five central authors : Anthony Ashley Cooper the 3rd Earl of Shaftesbury, Bernard Mandeville, Francis Hutcheson, Joseph Butler and Archibald Campbell. One of the central claims of this study is that a distinction between five different concepts of self-love is necessary to achieve a clear understanding of (...) the debates on self-love. Thus, egoistic self-love, self-love as love of praise, self-love as self-esteem, self-love as excessive pride and self-love as self-respect are distinguished. The role of these different concepts is analysed in the mentioned authors ’ theories of human nature and morality, and the relations between the concepts of self-love and other essential concepts of moral philosophy such as benevolence, pity and virtue are examined. This study highlights the importance of the widely discussed claim that self-love is the only motive for human agents and shows that the moral rehabilitation of self-love becomes an important issue for the period. Commentators generally agree on the importance of the notion of self-love for the period’s moral philosophy, yet little attention has been paid to the different concepts of self-love. Present-day philosophy’s tendency to equate self-love with egoism is too simplistic, and the insufficient recognition of the vagueness of the notion of self-love is shown to be an impediment to an appropriate reconstruction of important arguments in the debates on self-love. The framework suggested in this study thus enables a better comprehension of the different accounts of self-love in the selected authors ’ moral psychologies, and of their views of the moral value of self-love. This facilitates the shedding of light on central aspects of moral philosophy at the beginning of the 18th century. (shrink)

Andrew Fitz-Gibbon in Pragmatic Nonviolence: Working Toward a Better World argues that a principled form of pragmatism—pragmatism shaped by the theory of nonviolence—is the best hope for our world. He defines nonviolence as “a practice that, whenever possible seeks the well-being of the Other, by refusing to use violence to solve problems, and by having an intentional commitment to lovingkindness.” In the first part of the book, Fitz-Gibbon asks what a better world would look like. In the second (...) part, he covers what is the greatest obstacle to that better world: violence. In the third part, he examines philosophical theories of nonviolence. The fourth part examines pragmatism as a philosophy of “what works” (William James) through the lens of the principle of maximizing well-being through nonviolent practice. In response to Fitz-Gibbon’s work, critic Danielle Poe asks what a nonviolence response looks like to the Other whom we have wronged and wonders how nonviolence responds to systemic violence. Sanjay Lal asks whether pragmatism and nonviolence can be synthesized given the popular conception that the pragmatic possible seems at odds with the ideal of absolute nonviolence. William C. Gay affirms much of the text and suggests its uses in teaching. Mechthild Nagel wonders if Fitz-Gibbon’s pragmatic nonviolence is too anthropocentric and questions the absence of a consideration of systemic violence in the criminal justice system. Fitz-Gibbon then responds to the critics. (shrink)

_Love as a Guide to Morals_ is an entry-level introduction to the ethical importance of love. Written in conversational format this book looks uniquely at the complexity of love in human relationships and how love can guide ethical decision-making. The book suggests that love in all its intricacy—erotic/erosic love, friendship, affection, and agapic love—is the great good of human life. The book argues that love has a unifying power for morality, and is more suited to ethical thinking and practice than (...) any other idea. _Love as a Guide to Morals_ uses a modified Aristotelian argument (after Alsdair MacIntyre) and suggests “loving relationships” rather than happiness as the goal of human life. (shrink)

_Positive Peace _is a scholarly and creative compilation of articles on peace education, nonviolence and social change. Arun Gandhi (grandson of Mahatma Gandhi) sets the scene in his introduction with the challenge that positive peace is both a resisting of the physical violence of war and the passive violence of the psychological structures that lead to conflict. Peace education rises to meet that challenge. In twelve chapters, philosophers and educators look at a variety of topics from Gandhian nonviolence, to pragmatic (...) conflict solving; hope and the ethics of belief, to the way we use violent language; mothering and peace activism, to multiculturalism and peace. Recurring themes are: pragmatic nonviolence, the ethics of care as an antidote to violence, and hope in a violent world. Chapters on the use of film in peace education, song and nonviolent activism, and teaching art history and peace, demonstrate pragmatic possibilities for would-be peace educators. Arun Gandhi in his introduction asks, “For generations human beings have strived to attain peace, but with little or no success. … Why is peace so illusive? Is it unattainable? Are humans incapable of living in peace?” This book suggests that peace education has a large part to play. It is an important attempt to begin to meet the challenge. (shrink)

The celebrated author of _Gender Trouble_ here redefines Antigone's legacy, recovering her revolutionary significance and liberating it for a progressive feminism and sexual politics. Butler's new interpretation does nothing less than reconceptualize the incest taboo in relation to kinship -- and open up the concept of kinship to cultural change. Antigone, the renowned insurgent from Sophocles's _Oedipus,_ has long been a feminist icon of defiance. But what has remained unclear is whether she escapes from the forms of power that (...) she opposes. Antigone proves to be a more ambivalent figure for feminism than has been acknowledged, since the form of defiance she exemplifies also leads to her death. Butler argues that Antigone represents a form of feminist and sexual agency that is fraught with risk. Moreover, Antigone shows how the constraints of normative kinship unfairly decide what will and will not be a livable life. Butler explores the meaning of Antigone, wondering what forms of kinship might have allowed her to live. Along the way, she considers the works of such philosophers as Hegel, Lacan, and Irigaray. How, she asks, would psychoanalysis have been different if it had taken Antigone -- the "postoedipal" subject -- rather than Oedipus as its point of departure? If the incest taboo is reconceived so that it does not mandate heterosexuality as its solution, what forms of sexual alliance and new kinship might be acknowledged as a result? The book relates the courageous deeds of Antigone to the claims made by those whose relations are still not honored as those of proper kinship, showing how a culture of normative heterosexuality obstructs our capacity to see what sexual freedom and political agency could be. (shrink)

F. H. Bradley was the foremost philosopher of the British Idealist school, which came to prominence in the second half of the nineteenth century. Bradley, who was a life fellow of Merton College, Oxford, was influenced by Hegel, and also reacted against utilitarianism. He was recognised during his lifetime as one of the greatest intellectuals of his generation and was the first philosopher to receive the Order of Merit, in 1924. His work is considered to have been important to the (...) formation of analytic philosophy. In metaphysics, he rejected pluralism and realism, and believed that English philosophy needed to deal systematically with first principles. This work, first published in 1893, is divided into two parts: 'Appearance' deals with exposing the contradictions that Bradley believed are hidden in our everyday conceptions of the world; and in 'Reality', he builds his positive account of reality and considers possible objections to it. (shrink)

The author considers the way in which psychic life is generated by the social operation of power, and how that social operation of power is concealed and fortified by the psyche that it produces. Power is no longer understood to be 'internalized' by an existing subject, but the subject is spawned as an ambivalent effect of power, one that is staged through the operation of conscience. To claim that power fabricates the psyche is also to claim that there is a (...) fictional and fabricated quality to the psyche. The figure of a psyche that 'turns against itself' is crucial to this study, and offers an alternative to describing power as 'internalized'. Although most readers of Foucault eschew psychoanalytic theory, and most thinkers of the psyche eschew Foucault, the author seeks to theorize this ambivalent relation between the social and the psychic as one of the most dynamic and difficult effects of power. (shrink)

Drawing on the philosophy of nonviolence, the American pragmatist tradition, and recent empirical research, _Pragmatic Nonviolence_ demonstrates that, rather than being merely theoretical, nonviolence is a truly practical approach toward personal and community well-being.

This is the first critical edition since the nineteenth century of Bacon's principal philosophical work in English, The Twoo Bookes of Francis Bacon. Of the proficience and advancement of Learning, divine and humane - traditionally known as The Advancement of Learning.

Parts I through III of this paper will examine several, increasingly comprehensive forms of aggregation, ranging from insurance reimbursement “lock-in” programs to PDMPs to completely unified electronic medical records. Each part will advocate for the adoption of these aggregation systems and provide suggestions for effective implementation in the fight against opioid misuse. All PDMPs are not made equal, however, and Part II will, therefore, focus on several elements — mandating prescriber usage, streamlining the user interface, ensuring timely data uploads, creating (...) a national data repository, mitigating privacy concerns, and training doctors on how to respond to perceived doctor-shopping — that can make these systems more effective. In each part, we will also discuss the privacy concerns of aggregating data, ranging from minimal to significant, and highlight the unique role of stigma in motivating these concerns. In Part IV, we will conclude by suggesting remedial steps to offset this loss of privacy and to combat the stigma around SUDs and mental health disorders in general. (shrink)

This volume belongs to the first new critical edition of the works of Francis Bacon (1561-1626) to have been produced since the nineteenth century. The edition presents the works in broadly chronological order and according to the best principles of modern textual scholarship. The seven works in the present volume belong to the final completed stages (Parts III-V) of Bacon's hugely ambitious six-part sequence of philosophical works, collectively entitled Instauratio magna (1620-6). All are presented in the original Latin with (...) new facing-page translations. Three of the seven texts (substantial works in two cases, and all sharing a startlingly improbable textual history) are published and translated here for the first time: these are an early version of the Historia densi, the 'lost' Abecedarium, and the Historia de animato & inanimato. Another--the Prodromi sive anticipationes philosphiae secundae--has likewise never been translated before. Together with their commentaries and the introduction they open the way to important new understandings of Bacon's mature philosophical thought. (shrink)

In a series of memorable exchanges, three eminent theorists engage in a dialogue on central questions of contemporary philosophy and politics.

[opening paragraph] -- Clark: The `astonishing hypothesis' which you put forward in your book, and which you obviously feel is very controversial, is that `You, your joys and sorrows, your memories and ambitions, your sense of personal identity and free will are, in fact, no more than the behaviour of a vast assembly of nerve cells. As Lewis Carroll's Alice might have phrased it: `You're nothing but a pack of neurons'.' But it seems to me that this is not so (...) astonishing a statement for a scientist to make. Isn't this what reductionist science has always believed? (shrink)

Francis Bacon, lawyer, statesman, and philosopher, remains one of the most effectual thinkers in European intellectual history. We can trace his influence from Kant in the 1700s to Darwin a century later. The Advancement of Learning , first published in 1605, contains an unprecedented and thorough systematization of the whole range of human knowledge. Bacon’s argument that the sciences should move away from divine philosophy and embrace empirical observation would forever change the way philosophers and natural scientists interpret their (...) world. (shrink)