Two main claims are defended in this paper: first, that typical disputes in the literature about the ontology of physical objects are merely verbal; second, that the proper way to resolve these disputes is by appealing to common sense or ordinary language. A verbal dispute is characterized not in terms of private idiolects, but in terms of different linguistic communities representing different positions. If we imagine a community that makes Chisholm's mereological essentialist assertions, and another community that makes Lewis's four‐dimensionalist (...) assertions, the members of each community speak the truth in their respective languages. This follows from an application of the principle of interpretive charity to the two communities. (shrink)

In this paper, I identify a theoretical and political role for ‘white ignorance’, present three alternative accounts of white ignorance, and assess how well each fulfils this role. On the Willful Ignorance View, white ignorance refers to white individuals’ willful ignorance about racial injustice. On the Cognitivist View, white ignorance refers to ignorance resulting from social practices that distribute faulty cognitive resources. On the Structuralist View, white ignorance refers to ignorance that (1) results as part of a social process that (...) systematically gives rise to racial injustice, and (2) is an active player in the process. I argue that, because of its greater power and flexibility, the Structuralist View better explains the patterns of ignorance that we observe, better illuminates the connection to white racial domination, and is overall better suited to the project of ameliorating racial injustice. As such, the Structuralist View should be preferred. (shrink)

" By the end, we can see the cause to which Hume has been true throughout the work.

A number of jurisdictions, including England and Wales after their adoption of the 1991 Criminal Justice Act, require that sentences be `proportionate' to the severity of the crime. This book, written by the leading architect of `just deserts' sentencing theory, discusses how sentences may be scaled proportionately to the gravity of the crime. Topics dealt with include how the idea of a penal censure justifies proportionate sentences; how a penalty scale should be `anchored' to reduce overall punishment levels; how non-custodial (...) penalties should be graded and used; and how political pressures impinge on sentencing policies. (shrink)

Milton Friedman's famous methodological essay contains, along with much else, some strands that look as though they were taken from the “empirical-scientific” fabric described by Karl Popper. Think, for example, of Friedman's conviction that the way to test a hypothesis is to compare its implications with experience. Or of his more or less explicit espousal of the view that while no amount of facts can ever prove a hypothesis true, a single “fact” may refute it. Or of his assertion that (...) hypotheses are to be accepted only as provisionally true, and then only after repeated efforts to refute them have failed. The appearance of these Popperian ideas is not surprising. (shrink)

The principle that a sentence should be proportionate to the seriousness of the offence remains at the centre of penal practice and scholarly debate. This volume explores highly topical aspects of proportionality theory that require examination and further analysis. von Hirsch and Ashworth explore the relevance of the principle of proportionality to the sentencing of young offenders, the possible reasons for departing from the principle when sentencing dangerous offenders, and the application of the principle to socially deprived offenders. They (...) examine the claim that the principle tends to be associated with greater severity in sentencing, and explore the relevance of penance and of restorative justice to proportionality theory. Their examination of arguments and counter-arguments culminates in a re-statement of the main criteria for proportionate sentencing.The authors are well known for their previous writings on proportionality theory, and this volume broadens the theory to deal with important contemporary issues in crime and punishment. (shrink)

In this paper, I identify a theoretical and political role for ‘white ignorance’, present three alternative accounts of white ignorance, and assess how well each fulfils this role. On the Willful Ignorance View, white ignorance refers to white individuals’ willful ignorance about racial injustice. On the Cognitivist View, white ignorance refers to ignorance resulting from social practices that distribute faulty cognitive resources. On the Structuralist View, white ignorance refers to ignorance that results as part of a social process that systematically (...) gives rise to racial injustice, and is an active player in the process. I argue that, because of its greater power and flexibility, the Structuralist View better explains the patterns of ignorance that we observe, better illuminates the connection to white racial domination, and is overall better suited to the project of ameliorating racial injustice. As such, the Structuralist View should be preferred. (shrink)

What is the role of psychoanalysis in today's world? _Yesterday, Today and Tomorrow _presents a selection of papers written by Hanna Segal. The collection introduces the reader to a wide spectrum of insights into psychoanalysis, ranging from current thoughts on the nature of dreaming to new ideas about vision and disillusionment. Her long interest in factors affecting war is pursued in her examination of the psychotic factors, symbolic significance and psychological impact of the events of September the 11th, and the (...) ensuing war on Iraq. The second half of the book discusses Segal's presentations to conferences and symposia from 1969-2000, this material is split into six sections: Models of the mind and mental processes Psychoanalytic technique Segal on Klein Segal on Bion Envy and narcissism Interviews. _Yesterday, Today and Tomorrow_ is a masterly contribution to the field. Segal's clarity of thought and striking clinical illustrations make the book accessible to those new to the field as well as those acquainted with her seminal work. (shrink)

It is becoming more common that the decision-makers in private and public institutions are predictive algorithmic systems, not humans. This article argues that relying on algorithmic systems is procedurally unjust in contexts involving background conditions of structural injustice. Under such nonideal conditions, algorithmic systems, if left to their own devices, cannot meet a necessary condition of procedural justice, because they fail to provide a sufficiently nuanced model of which cases count as relevantly similar. Resolving this problem requires deliberative capacities uniquely (...) available to human agents. After exploring the limitations of existing formal algorithmic fairness strategies, the article argues that procedural justice requires that human agents relying wholly or in part on algorithmic systems proceed with caution: by avoiding doxastic negligence about algorithmic outputs, by exercising deliberative capacities when making similarity judgments, and by suspending belief and gathering additional information in light of higher-order uncertainty. (shrink)

Disagreement persists about when, if at all, disenfranchisement is a fitting response to criminal wrongdoing of type X. Positive retributivists endorse a permissive view of fittingness: on this view, disenfranchising a remarkably wide range of morally serious criminal wrongdoers is justified. But defining fittingness in the context of criminal disenfranchisement in such broad terms is implausible, since many crimes sanctioned via disenfranchisement have little to do with democratic participation in the first place: the link between the nature of a criminal (...) act X (the ‘desert basis’) and a fitting sanction Y is insufficiently direct in such cases. I define a new, much narrower account of the kind of criminal wrongdoing which is a more plausible desert basis for disenfranchisement: ‘political wrongdoing’, such as electioneering, corruption, or conspiracy with foreign powers. I conclude that widespread blanket and post-incarceration disenfranchisement policies are overinclusive, because they disenfranchise persons guilty of serious, but non-political, criminal wrongdoing. While such overinclusiveness is objectionable in any context, it is particularly objectionable in circumstances in which it has additional large-scale collateral consequences, for instance by perpetuating existing structures of racial injustice. At the same time, current policies are underinclusive, thus hindering the aim of holding political wrongdoers accountable. (shrink)

The influence of liberal political ideology on nursing sciencePrevious notions of science as impartial and value-neutral have been refuted by contemporary views of science as influenced by social, political and ideological values. By locating nursing science in the dominant political ideology of liberalism, the author examines how nursing knowledge is influenced by liberal philosophical assumptions. The central tenets of liberal political philosophy — individualism, egalitarianism, freedom, tolerance, neutrality, and a free-market economy — are primarily manifested in relation to: (i) the (...) individualistic focus of our science; (ii) our view of society as essentially egalitarian and equitable; (iii) our preference for politically neutral knowledge development, and (iv) an economy of knowledge development that supports rather than challenges the status quo. I argue that exposing, rather than ignoring, the liberal ideological values inherent in nursing science will render these assumptions open to debate, stimulate ongoing development of critically oriented knowledge, and increase our capacity to influence the social, political and economic determinants of health. (shrink)

This excerpt from our collective biography emerges from a dialogue that commenced when Noel interjected the concept of ‘becoming-cyborg’ into our conversations about Annette’s experiences of breast cancer, which initially prompted her to interpret her experiences as a ‘chaos narrative’ of cyborgian and environmental embodiment in education contexts. The materialisation of Donna Haraway’s figuration of the cyborg in Annette’s changing body enabled new appreciations of its interpretive power, and functioned in some ways as a successor project to Noel’s (...) earlier deployment of cyborgs in what he now recognises as a ‘posthumanising’ of curriculum inquiry. Noel’s subsequent experiences with throat cancer drew us towards exploring the possibilities that concepts such as Deleuze and Guattari’s machinic assemblage and Karen Barad’s ontoepistemology offer as a mean of thinking the meetings of bodies and technologies in educational inquiry beyond Haraway’s hybrid cyborg. Through both collective biography and playfully scripted conversations with other theorists we explore what it means to perform diffractive interpretations and analyses in posthumanist educational inquiry. Our essay also contributes to contemporary conversations about the uses of collaborative biographical writing as a method of inquiry in educational research. (shrink)

Cultural safety is a relatively new concept that has emerged in the New Zealand nursing context and is being taken up in various ways in Canadian health care discourses. Our research team has been exploring the relevance of cultural safety in the Canadian context, most recently in relation to a knowledge-translation study conducted with nurses practising in a large tertiary hospital. We were drawn to using cultural safety because we conceptualized it as being compatible with critical theoretical perspectives that foster (...) a focus on power imbalances and inequitable social relationships in health care; the interrelated problems of culturalism and racialization; and a commitment to social justice as central to the social mandate of nursing. Engaging in this knowledge-translation study has provided new perspectives on the complexities, ambiguities and tensions that need to be considered when using the concept of cultural safety to draw attention to racialization, culturalism, and health and health care inequities. The philosophic analysis discussed in this paper represents an epistemological grounding for the concept of cultural safety that links directly to particular moral ends with social justice implications. Although cultural safety is a concept that we have firmly positioned within the paradigm of critical inquiry, ambiguities associated with the notions of 'culture', 'safety', and 'cultural safety' need to be anticipated and addressed if they are to be effectively used to draw attention to critical social justice issues in practice settings. Using cultural safety in practice settings to draw attention to and prompt critical reflection on politicized knowledge, therefore, brings an added layer of complexity. To address these complexities, we propose that what may be required to effectively use cultural safety in the knowledge-translation process is a 'social justice curriculum for practice' that would foster a philosophical stance of critical inquiry at both the individual and institutional levels. (shrink)

The paper investigates whether it is plausible to hold the late stage demented criminally responsible for past actions. The concern is based on the fact that policy makers in the United States and in Britain are starting to wonder what to do with prison inmates in the later stages of dementia who do not remember their crimes anymore. The problem has to be expected to become more urgent as the population ages and the number of dementia patients increases. This paper (...) argues that the late-stage demented should not be punished for past crimes. Applicable theories of punishment, especially theories with an appropriate expressivist, or communicative element, fail to justify the imprisonment of the late-stage demented. Further imprisonment would require a capacity for comprehension on the part of the punished, and, under certain narrowly specified conditions, even a capacity to be at least in principle capable of recalling the crime again. (shrink)

A boolean algebra is shown to be completely representable if and only if it is atomic, whereas it is shown that neither the class of completely representable relation algebras nor the class of completely representable cylindric algebras of any fixed dimension (at least 3) are elementary.

One of the key ethical requirements for biomedical research is that it have an acceptable risk-benefit profile (Emanuel, Wendler, and Grady 2000). The International Conference of Harmonization guidelines mandate that clinical trials should be initiated and continued only if “the anticipated benefits justify the risks” (1996). Guidelines from the Council for International Organizations of Medical Sciences state that biomedical research is acceptable only if the “potential benefits and risks are reasonably balanced” (2002). U.S. federal regulations require that the “risks to (...) subjects” be “reasonable in relation to anticipated benefits, if any, to subjects and the importance of the knowledge” to be gained from the .. (shrink)

Norman Daniels’ theory of justice and health faces a serious practical problem: his theory can ground the special moral importance of health and allows distinguishing just from unjust health inequalities, but it provides little practical guidance for allocating resources when they are especially scarce. Daniels’ solution to this problem is a fair process that he specifies as "accountability for reasonableness". Daniels claims that accountability for reasonableness makes limit-setting decisions in healthcare not only legitimate, but also fair. This paper assesses the (...) latter claim. Does accountability for reasonableness result in fair limit-setting decisions? It is argued that the answer to this question is not a clear yes. Daniels is remarkably unclear about the criterion of fairness that accountability for reasonableness satisfies. The paper discusses different options for resolving this lack of clarity and examines how they apply to Daniels’ accountability for reasonableness framework. It is concluded, first, that accountability for reasonableness is not a paradigm case of any of the classic notions of procedural justice; second, that what might be called "constrained pure procedural justice" best reflects how accountability for reasonableness results in fair limit-setting decisions; and third, that the procedural conditions of accountability for reasonableness must be further specified and amended to better achieve a fair process, and hence fair limit-setting decisions. (shrink)

Reprint. Originally published: Tsedek u-mishpat, die mosaisch-rabbinische Tugend- und Rechtslehre. 2., verm. und verb. Aufl. Gross-Kanizsa: J. Markbreiter, 1862.

It has recently been proposed to incorporate the use of a “Patient Preference Predictor” (PPP) into the process of making treatment decisions for incapacitated patients. A PPP would predict which treatment option a given incapacitated patient would most likely prefer, based on the individual’s characteristics and information on what treatment preferences are correlated with these characteristics. Including a PPP in the shared decision-making process between clinicians and surrogates has the potential to better realize important ethical goals for making treatment decisions (...) for incapacitated patients. However, developing and implementing a PPP poses significant practical challenges. The present paper discusses these practical challenges and considers ways to address them. (shrink)

The democratic boundary problem raises the question of who has democratic participation rights in a given polity and why. One possible solution to this problem is the all-affected principle, according to which a polity ought to enfranchise all persons whose interests are affected by the polity’s decisions in a morally significant way. While AAP offers a plausible principle of democratic enfranchisement, its supporters have so far not paid sufficient attention to economic participation rights. I argue that if one commits oneself (...) to AAP, one must also commit oneself to the view that political participation rights are not necessarily the only, and not necessarily the best, way to protect morally weighty interests. I also argue that economic participation rights raise important worries about democratic accountability, which is why their exercise must be constrained by a number of moral duties. (shrink)

Nurse practitioners (NPs) are increasingly called on to provide high‐quality health‐care particularly for people who face significant barriers to accessing services. Although discourses of social justice have become relatively common in nursing and health services literature, critical analyses of how NP roles articulate with social justice issues have received less attention. In this study, we examine the role of NPs from a critical social justice perspective. A critical social justice lens raises morally significant questions, for example, why certain individuals and (...) groups bear a disproportionate burden of illness and suffering; what social conditions contribute to disparities in health and social status; and what social mandate NPs ought to develop in response to these realities. In our analysis, we draw on lessons learned from the initial Canadian experience with the introduction of NPs in the 1970s to consider the renewed and burgeoning interest in NPs in Canada, Australia and elsewhere. As we argue, a critical social justice perspective (in addition to the biomedical foci of NP practice) will be essential to sustaining long‐term, socially responsive NP roles and achieving greater equity in health and health‐care. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume 32, Number 1, April 2006, pp. 113-117 How Wide Is Hume's Circle? (A question raised by the exchange between Erin I. Kelly and Louis E. Loeb, Hume Studies, November 2004) ANNETTE C. BAIER Hume's version, in An Enquiry concerning the Principles of Morals, section 9,2 of the viewpoint from which moral assessments are made, and from which traits are recognized as virtues or vices, is (...) that it is one which activates a "universal principle of the human frame," the "principle of humanity." It displays "the force of many sympathies," and depends upon our possession of "some propensity to the good of mankind" (EPM 5.39; SBN 226). Does this represent a revision, on Hume's part, of his Treatise claim that sympathy with a person's "narrow circle" is what enables us to judge that person's moral goodness? A humanity-wide circle is scarcely "narrow," even if it is not wide enough for those who see our treatment of animals as relevant to our moral merit or demerit. The claim about sympathy with the narrow circle is made in the Treatise section "Of goodness and benevolence."3 It has recently been assuming the status of a definition of the Humean moral point of view, in some commentators' writings.4 If it had been so intended, then there would indeed be a revision in EPM, where there is no mention of narrow circles, merely two footnotes, 22 and 25, to the section "Why utility pleases," concerning the wisdom of confining our efforts to do good to those close to us, lest our efforts be "dissipated or lost for want of a properly limited object." But in fact Hume never claimed that sympathy with a Annette Baier formerly taught in the Department of Philosophy at the University of Pittsburgh, and is now retired. Email: [email protected]. 114 Annette C. Baier person's narrow circle was enough to enable us to recognize her bravery, her proper pride, her prudence, her good judgement, her wit, her integrity, her "justice" or her allegiance to lawful magistrates. It is needed only to judge her "goodness and benevolence. " (I take it that the title, "Of goodness and benevolence," is pleonastic, that the varieties of benevolence exhaust "goodness.") Just as benevolence is not the whole of virtue, for Hume, nor is "goodness." The section in which he uses the phrase, "narrow circle," begins with an explicit limitation of what is there to be discussed: "Having thus explained that praise and approbation for everything we call great in human affections, we now proceed to give an account of their goodness..." (T 3.3.3.1; SBN 602). "Good" is not, for Hume, the most general term of moral approbation. Just as we can judge some to be "too intrepid" (an ingredient in "greatness of mind"), so we can judge some to be "too good" (EPM 7.22; SBN 259). Hume's most general terms of approbation are "meritorious" and "estimable." He uses "good" in a restricted sense, for a person's possession of the group of virtues that come under "benevolence." In the Treatise 3.3.3.15 (SBN 581-82), he speaks not of one moral point of view, but of "steady and generalpoinrs of view" (my emphasis), and it is possible, indeed plausible, that sympathy with circles of different widths will be needed to recognize different virtues and groups of virtues. For some, such as justice, "extensive sympathy" (T 3.3.1.23; SBN 586) is needed. For others, such as affability, and other aspects of "goodness," we sympathize with the effects of the person's character on a less extensive circle. A good person is affable, generous, and kind, does well as friend, as parent, as neighbor, as colleague, as employer. She does considerate and helpful things to those she encounters, both those close to her, friends, family, and work-mates, and also to those to whom she is not so close, such as the needy in her own community, to whom she may give employment, or charity. Hume uses other phrases in Treatise 3.3 which are sometimes taken to refer to the same... (shrink)

We confirm a conjecture, about neat embeddings of cylindric algebras, made in 1969 by J. D. Monk, and a later conjecture by Maddux about relation algebras obtained from cylindric algebras. These results in algebraic logic have the following consequence for predicate logic: for every finite cardinal α ≥ 3 there is a logically valid sentence X, in a first-order language L with equality and exactly one nonlogical binary relation symbol E, such that X contains only 3 variables (each of which (...) may occur arbitrarily many times), X has a proof containing exactly α + 1 variables, but X has no proof containing only α variables. This solves a problem posed by Tarski and Givant in 1987. (shrink)

We show, for any ordinal γ ≥ 3, that the class RaCAγ is pseudo-elementary and has a recursively enumerable elementary theory. ScK denotes the class of strong subalgebras of members of the class K. We devise games, Fⁿ (3 ≤ n ≤ ω), G, H, and show, for an atomic relation algebra A with countably many atoms, that Ǝ has a winning strategy in Fω(At(A)) ⇔ A ∈ ScRaCAω, Ǝ has a winning strategy in Fⁿ(At(A)) ⇐ A ∈ ScRaCAn, Ǝ (...) has a winning strategy in G(At(A)) ⇐ A ∈ RaCAω, Ǝ has a winning strategy in H(At(A)) ⇒ A ∈ RaRCAω for 3 ≤ n < ω. We use these games to show, for γ ≥ 5 and any class K of relation algebras satisfying RaRCAγ ⊆ K ⊆ ScRaCA₅, that K is not closed under subalgebras and is not elementary. For infinite γ, the inclusion RaCAγ ⊂ ScRaCAγ is strict. For infinite γ and for a countable relation algebra A we show that A has a complete representation if and only if A is atomic and Ǝ has a winning strategy in F(At(A)) if and only if A is atomic and A ∈ ScRaCAγ. (shrink)

We consider the problem of finding and classifying representations in algebraic logic. This is approached by letting two players build a representation using a game. Homogeneous and universal representations are characterized according to the outcome of certain games. The Lyndon conditions defining representable relation algebras (for the finite case) and a similar schema for cylindric algebras are derived. Finite relation algebras with homogeneous representations are characterized by first order formulas. Equivalence games are defined, and are used to establish whether an (...) algebra is ω-categorical. We have a simple proof that the perfect extension of a representable relation algebra is completely representable. An important open problem from algebraic logic is addressed by devising another two-player game, and using it to derive equational axiomatisations for the classes of all representable relation algebras and representable cylindric algebras. Other instances of this approach are looked at, and include the step by step method. (shrink)

This book reflects on the variety of ways in which mourning affects political and social life. Through the narrative of the contributors, the book demonstrates how mourning is intertwined with politics and how politics involves a struggle over which losses and whose lives can, or should, be mourned.

A. W. Brian Simpson, Cannibalism and the Common Law Chicago: The University of Chicago Press, 1984.

. Selective incapacitation reexamined: The national academy of sciences' report on criminal careers and “career criminals”. Criminal Justice Ethics: Vol. 7, No. 1, pp. 19-35.

When patients cannot make their own treatment decisions, surrogates typically step in to do it for them. Surrogate decision‐making is far from ideal, of course, as the surrogate may not know what the patient prefers or what best promotes her interests. One way to improve it would be to arm surrogates with information about what patients in similar circumstances tend to prefer, allowing them to make empirically grounded predictions about what their patient would want.

Introduction: the emergence of the proportionate sentence -- Sentence proportionality sketched briefly -- Why should the criminal sanction exist? -- Why punish proportionately? -- Ordinal and cardinal proportionality -- Seriousness, severity and the living-standard -- The role of previous convictions -- Proportionate non-custodial sanctions -- A "modified" desert model? -- The politics of the desert model -- Proportionate sentences for juveniles -- Appendix: the desert model's evolution : a brief chronology.

A boolean algebra is shown to be completely representable if and only if it is atomic, whereas it is shown that neither the class of completely representable relation algebras nor the class of completely representable cylindric algebras of any fixed dimension are elementary.

Several influential ethical guidelines and frameworks endorse the view that research with human participants is ethically acceptable only when it has “social value,” meaning that it generates knowledge which can be used to benefit society. For example, the Nuremberg Code requires that medical experiments on human beings “yield fruitful results for the good of society, unprocurable by other methods or means of study”. The Council for International Organizations of Medical Sciences guidelines hold that “health-related research with humans... must have social (...) value” or the “prospect of generating the knowledge and the means necessary to protect and promote people’s health” (CIOMS... (shrink)