This paper examines the legal conception of political parties. It does so by unearthing the history and ontology of the common law relating to political parties in international perspective. The flexibility of the unincorporated association, in which parties are understood through the private law of contract as networks of internal rules or agreements, rather than as legal entities, has proven to be a mask. In the common laws imagination, the ideal party is a ground-up organization animated by its membership. But (...) the law mandates no such thing, and in its statutory and constitutional conception intra-party democracy may be sublimated as parties need be no more than an electoral persona or brand. (shrink)

Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading (...) authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism. (shrink)

[Graeme Forbes] In I, I summarize the semantics for the relational/notional distinction for intensional transitives developed in Forbes (2000b). In II-V I pursue issues about logical consequence which were either unsatisfactorily dealt with in that paper or, more often, not raised at all. I argue that weakening inferences, such as 'Perseus seeks a mortal gorgon, therefore Perseus seeks a gorgon', are valid, but that disjunction inferences, such as 'Perseus seeks a mortal gorgon, therefore Perseus seeks a mortal gorgon or (...) an immortal gorgon', are invalid. Since 'a gorgon' and 'a mortal gorgon or an immortal gorgon' are extensionally and intensionally the same quantifier, it is not completely trivial to arrange the semantics of intensional transitives so that this classification of the inferences is obtained. (This paper is an abridged version of Forbes (2001a); the latter will be incorporated into a forthcoming monograph, Attitude Problems.) /// [Jennifer Saul] This paper discusses the question of which verbs are intensional transitives. In particular, I ask which verbs Forbes should take to be intensional transitives. I argue that it is very difficult to arrive at a clear and plausible understanding of what an intensional transitive is-making it difficult to answer these questions. I end by briefly raising some questions about the usefulness of the category of intensional transitives. (shrink)

Orr argues that the latest attack on evolution is cleverly argued, biologically informed — and wrong. This is his review of Behe's book, Darwin's Black Box: The Biochemical Challenge to Evolution.‘Just don't pull the knot tight before being certain that you have got hold of the right end.’ Wittgenstein.

The talk is called ‘The QUANTUM COMPLEXITY behind Quantum Reality’. It is divided into 3 parts: an outline of the essentials of quantum theory, a discussion of some glaring problems of interpretation, and my shocking philosophical conclusions.

The Growing-Block view of time has some problems with the past. It is committed to the existence of the past, but needs to say something about the difference between the past and present. I argue that we should resist Correia and Rosenkranz’ response to Braddon-Mitchell’s argument that the Growing-Block leads to scepticism about whether we are present. I consider an approach, similar to Peter Forrest, and show it is not so counter-intuitive as Braddon-Mitchell suggests and further show that it requires (...) no ‘semantic and metaphysical gymnastics’, as Chris Heathwood has suggested. In doing these things I make the problem of the past on the Growing-Block view a problem in its history, not its present. (shrink)

The phenomenon of the New Genetics raises complex social problems, particularly those of privacy. This book offers ethical and legal perspectives on the questions of a right to know and not to know genetic information from the standpoint of individuals, their relatives, employers, insurers and the state. Graeme Laurie provides a unique definition of privacy, including a concept of property rights in the person, and argues for stronger legal protection of privacy in the shadow of developments in human genetics. (...) He challenges the role and the limits of established principles in medical law and ethics, including respect for patient autonomy and confidentiality. This book will interest lawyers, philosophers and doctors concerned both with genetic information and issues of privacy; it will also interest genetic counsellors, researchers, and policy makers worldwide for its practical stance on dilemmas in modern genetic medicine. (shrink)

We analyse aspects of the Big Bang program in modern cosmology, with special focus on the strategies employed by its adherents both in defending the theory against anomalous data and in dismissing rival accounts. We illustrate this by critically examining four aspects of Big Bang cosmology: the interpretation of the cosmic red-shift, the explanation of the cosmic background radiation, the inflation hypothesis and the search for dark matter. We conclude that the Big Bang's dominance of contemporary cosmology is not justified (...) by the degree of experimental support it receives relative to rival theories. (shrink)

In the literature on conspiracy theories, the least contentious part of the academic discourse would appear to be what we mean by a “conspiracy”: a secretive plot between two or more people toward some end. Yet what, exactly, is the connection between something being a conspiracy and it being secret? Is it possible to conspire without also engaging in secretive behavior? To dissect the role of secrecy in con- spiracies – and thus contribute to the larger debate on the epistemology (...) of conspir- acy theories – we dene the concepts of “conspiracy,” “conspirator,” and “secret,” and argue that while conspirators might typically be thought to commit to keeping secrets once their conspiracy is underway, the idea that conspiracies are necessarily secretive to start with is not as obvious as previously thought. (shrink)

From Detroit Red to El-Hajj Malik El-Shabazz, the man best known as Malcolm X restlessly redefined himself throughout a controversial life. His transformations have appeared repeatedly in books, photographs, paintings, and films, while his murder set in motion a series of tugs-of-war among journalists, biographers, artists, and his ideological champions over the interpretation of his cultural meaning. This book marks the first systematic examination of the images generated by this iconic cultural figure--images readily found on everything from T-shirts and hip-hop (...) album covers to coffee mugs. Graeme Abernethy captures both the multiplicity and global import of a person who has been framed as both villain and hero, cast by mainstream media during his lifetime as "the most feared man in American history," and elevated at his death as a heroic emblem of African American identity. As Abernethy shows, the resulting iconography of Malcolm X has shifted as profoundly as the American racial landscape itself. Abernethy explores Malcolm's visual prominence in the eras of civil rights, Black Power, and hip-hop. He analyzes this enigmatic figure's representation across a variety of media from 1960s magazines to urban murals, tracking the evolution of Malcolm's iconography from his autobiography and its radical milieu through the appearance of Spike Lee's 1992 biopic and beyond. Its remarkable gallery of illustrations includes reproductions of iconic photographs by Richard Avedon, Eve Arnold, Gordon Parks, Henri Cartier-Bresson, and John Launois. Abernethy reveals that Malcolm X himself was keenly aware of the power of imagery to redefine identity and worked tirelessly to shape how he was represented to the public. His theoretical grasp of what he termed "the science of imagery" enabled him both to analyze the role of representation in ideological control as well as to exploit his own image in the interests of black empowerment. This provocative work marks a startling shift from the biographical focus that has dominated Malcolm X studies, providing an up-to-date--and comprehensively illustrated--account of Malcolm's cultural afterlife, and addressing his iconography in relation to images of other major African American figures, including Martin Luther King, Jr., Angela Davis, Kanye West, and Barack Obama. Analyzing the competing interpretations behind so many images, Abernethy reveals what our lasting obsession with Malcolm X says about American culture over the last five decades. (shrink)

This article argues for the importance of conceptual clarity in the debate about the so-called right not to know. This is vital both at the theoretical and the practical level. It is suggested that, unlike many formulations and attempts to give effect to this right, what is at stake is not merely an aspect of personal autonomy and therefore cannot and should not be reduced only to a question of individual choice. Rather, it is argued that the core interests that (...) can be protected by the right not to know are better conceived of as privacy interests rather than autonomy interests. This not only helps us to understand what is in play but also informs regulatory, professional, and legal responses to handling information and taking decisions about whether or not to disclose information to persons about themselves. The practical implications of this conceptualization are explored in the context of feedback policies in health-related research. (shrink)

Over recent decades there has been a growing interest in the question of whether computer programs are capable of genuinely creative activity. Although this notion can be explored as a purely philosophical debate, an alternative perspective is to consider what aspects of the behaviour of a program might be noted or measured in order to arrive at an empirically supported judgement that creativity has occurred. We sketch out, in general abstract terms, what goes on when a potentially creative program is (...) constructed and run, and list some of the relationships (for example, between input and output) which might contribute to a decision about creativity. Specifically, we list a number of criteria which might indicate interesting properties of a program’s behaviour, from the perspective of possible creativity. We go on to review some ways in which these criteria have been applied to actual implementations, and some possible improvements to this way of assessing creativity. (shrink)

In its approach to AIDS and HIV the law has to protect two conflicting interests; it must recognise the right of the public to be protected against the disease and it must recognise the right of the individual not to be unfairly restricted by having or being at risk of the disease. Consequently the law must make some compromise which while protecting public health also protects the individual so that the individual will feel free to come forward for available treatment. (...) In this way prevention of spread of the disease is encouraged. How this compromise is or might be affected by British and American law is examined in several areas, including medico-legal matters, criminal and tort law, employment, insurance and education. (shrink)

Thinking in Translation posits the Hebrew Bible as the fulcrum of the thought of Franz Rosenzweig (1886-1929), underpinning a unique synthesis between systematic thinking and biblical interpretation. Addressing a lacuna in Rosenzweig scholarship, the book offers a critical evaluation of his engagement with the Bible through a comparative study of The Star of Redemption and his Bible translation with Martin Buber. The book opens with Rosenzweig's rejection of German Idealism and fascination with the sources of Judaism. It then analyzes the (...) unique hermeneutic approach he developed to philosophy and scripture as a symbiosis of critique and cross-fertilization, facilitated by translation. An analysis of the Star exposes Rosenzweig's employment of translation in grafting biblical verses unto the philosophical discussion. It is followed by a reading that demonstrates how his Bible translation reflects an attempt to re-valorize the Tanakh as a distinctively Jewish scripture, over and against Christian appropriations. Thinking in Translation recasts Rosenzweig's life's work as a project of melding Judaism and modernity in an attempt to secure their spiritual and intellectual survival. (shrink)

In this particularly well written volume Graeme Hirst presents a theoretically motivated foundation for semantic interpretation (conceptual analysis) by computer, and shows how this framework facilitates the resolution of both lexical and syntactic ambiguities.

The programme of work -- Towards a theory of jokes -- The process of joke comprehension -- Text comprehension -- Processing and prediction -- Logic in jokes -- Incongruity and resolution -- Surprise -- The role of language -- Impropriety -- Superiority and aggression -- What's in a joke? -- Applying the framework -- The way forward.

Cost-effectiveness analysis suggests that a society should allocate its health care budget in order to achieve the greatest total health for its budget. However, in ‘rescue’ cases, where an individual’s life is in immediate peril, reasoning in terms of cost-effectiveness can appear inhumane. Hence considerations of cost-effectiveness and of rescue appear to be in tension. However, by attending to the division of labour in medical decision making it is possible to see how cost-effectiveness analysis and rescue-style reasoning are commonly combined (...) in an ethically acceptable fashion. (shrink)

Clinical ethics is a relatively new discipline within medicine, generated not so much by the Can we . . . ? questions of fact and prognosis that physicians ...

In this critical review I discuss the main themes of the papers in Kit Fine's Modality and Tense: Philosophical Papers. These themes are that modal operators are intelligible in their own right and that actualist quantifiers are to be taken as basic with respect to possibilist quantifiers. I also discuss a previously unpublished paper of Fine's on modality and existence.

Requests by patients or their families for treatment which the patient's physician considers to be "inappropriate" are becoming more frequent than refusals of treatment which the physician considers appropriate. Such requests are often based on the patient's religious beliefs about the attributes of God (sovereignty, omnipotence), the attributes of persons (sanctity of life), or the individual's personal relationship with God (communication, commands, etc). We present four such cases and discuss some of the basic religious tenets of the three Abrahamic faith (...) traditions as they relate to such requests. We suggest that religious reasons for requesting "inappropriate" treatment are "special" and deserve serious consideration. We offer guidance to assist clinicians and clinical ethicists as they attempt to resolve these conflicts, emphasising the importance of understanding the religious beliefs of the patient/surrogate and suggesting the assistance of a religious interpreter. We suggest open discussion with patients and families of both the clinical situation and the theological basis for these requests. We also suggest that clinicians use additional religious doctrines or principles from patients' own traditions to balance the reasons behind the requests. We conclude that most persistent requests for "inappropriate" treatment should be honoured. (shrink)

A physician’s long-established right to refuse to provide a requested service based on his or her moral beliefs is being challenged. Some authors suggest that physicians should not be licensed if they are unwilling to provide all legal services. Others would grant them the right to refuse, but require them to refer to a willing professional. What are the limits of a physician’s right to refuse? When such a right is claimed on moral grounds, what residual obligations does the physician (...) have to the patient? How should the profession (or society) decide when a moral claim to a right to refuse is justified? (shrink)

The term 'essentialism' in its popular usage is usually qualified in some way, as in 'biological essentialism', 'gender essentialism' and 'social essentialism'. The essentialist theses were defended on the grounds that denying them leads, under plausible assumptions, to pairs of worlds containing objects which are intrinsic and spatio‐temporal duplicates and yet which are numerically distinct. This chapter outlines some technical difficulties in getting the definitions of 'essential property' and 'individual essence' exactly right. It explains the idea of a metaphysically essential (...) property in terms of Aristotle's 'essential/accidental' contrast. A popular idea is to invoke the notion, which has its roots in Aristotle's theory of essence and accident, of a substance sortal. A different way of developing a sortal‐based account of essential kinds is suggested by David Wiggins, who argues that it is only ultimate sortals that represent essential properties, where an ultimate sortal is the most general sortal corresponding to a given principle of individuation. (shrink)