We explore two special challenges indigenous peoples pose to the idea of sovereigns as trustees for humanity. The first challenge is rooted in a colonial history during which a trusteeship model of sovereignty served as an enabler of paternalistic colonial policies. The challenge is to show that the trusteeship model is not irreparably colonial in nature. The second challenge, which emerges from the first, is to specify the scope and nature of indigenous peoples’ sovereignty within the trusteeship model. Whereas the (...) interaction between states and foreign nationals is the locus of cosmopolitan law, the relationship between states and indigenous peoples is distinctive. In the ordinary cosmopolitan case, foreign nationals do not purport to possess legal authority. Indigenous peoples often do make such a claim, pitting their claim to authority against the state’s. We discuss how international law has attempted to come to grips with indigenous sovereignty by requiring states to include indigenous peoples in decision-making processes that affect their historical lands and rights. A crucial fault line in the jurisprudence, however, separates a duty to consult indigenous peoples from a duty to acquire their free, prior and informed consent. The latter but not the former recognizes that indigenous peoples possess a veto over state projects on their lands, in effect recognizing in them a limited co-legislative power. We focus on recent jurisprudence from the Inter-American Court of Human Rights, and consider whether either the duty to consult or FPIC are enough to dispel the shadow of the trusteeship model’s colonial past. We suggest that they are a move in the right direction, and that implicitly they represent international law’s recognition that states are no longer the sole bearers of sovereignty at international law. In limited circumstances, international law recognizes indigenous peoples as sovereign actors. (shrink)

Some evil actions are public. Maybe genocide is the most awful. Other evil actions are private, a matter of one person harming another or of self-inflicted injury. Child abuse, in our current reckoning, is the worst of private evils. We want to put a stop to it. We know we can’t do that, not entirely. Human wickedness won’t go away. But we must protect as many children as we can. We want also to discover and help those who have already (...) been hurt. Anyone who feels differently is already something of a monster.We are so sure of these moral truths that we seldom pause to wonder what child abuse is. We know we don’t understand it. We have little idea of what prompts people to harm children. But we do have the sense that what we mean by child abuse is something perfectly definite. So it comes as a surprise that the very idea of child abuse has been in constant flux the past thirty years. Previously our present conception of abusing a child did not even exist. People do many of the same vile things to children, for sure, that they did a century ago. But we’ve been almost unwittingly changing the very definitions of abuse and revising our values and our moral codes accordingly. Ian Hacking, a philosopher, teaches at the Institute for the History and Philosophy of Science and Technology in the University of Toronto. His latest book is entitled The Taming of Chance. (shrink)

In this paper, I address the question of whether it is ever permissible to grant a request for physician-aid-in-dying (PAD) from an individual suffering from treatment-resistant depression. I assume for the sake of argument that PAD is sometimes permissible. There are three requirements for PAD: suffering, prognosis, and competence. First, an individual must be suffering from an illness or injury which is sufficient to cause serious, ongoing hardship. Second, one must have exhausted effective treatment options, and one’s prospects for recovery (...) must be poor. Third, the individual must be judged competent to request PAD. I argue that many cases of treatment-resistant depression meet the first two requirements. Thus, the key question concerns the third. I consider four features of depression that might compromise a person’s decision-making capacity. Ultimately, I conclude that PAD requests from depressed patients can be permissibly granted in some circumstances. (shrink)

This paper is a critique of ‘integrative medicine’ as an ideal of medical progress on the grounds that it fails to realise the cognitive value of alternative medicine. After a brief account of the cognitive value of alternative medicine, I outline the form of ‘integrative medicine’ defended by the late Stephen Straus, former director of the US National Centre for Complementary and Alternative Medicine. Straus’ account is then considered in the light of Zuzana Parusnikova’s recent criticism of ‘integrative medicine’ and (...) her distinction between ‘cognitive’ and ‘opportunistic’ engagement with alternative medicine. Parusnikova warns that the medical establishment is guilty of ‘dogmatism’ and proposes that one can usefully invoke Karl Popper’s ‘critical rationalism’ as an antidote. Using the example of Straus, I argue that an appeal to Popper is insufficient, on the grounds that ‘integrative medicine’ can class as a form of cognitively-productive, critical engagement. I suggest that Parusnikova’s appeal to Popper should be augmented with Paul Feyerabend’s emphasis upon the role of ‘radical alternatives’ in maximising criticism. ‘Integrative medicine’ fails to maximise criticism because it ‘translates’ alternative medicine into the theories and terminology of allopathic medicine and so erodes its capacity to provide cognitively-valuable ‘radical alternatives’. These claims are then illustrated with a discussion of ‘traditional’ and ‘medical’ acupuncture. I conclude that ‘integrative medicine’ fails to exploit the cognitive value of alternative medicine and so should be rejected as an ideal of medical progress. (shrink)

This is a major work by Ian Maclean exploring the foundations of learning in the Renaissance. Logic, Signs and Nature offers a profoundly learned, compelling and original account of the range of what was thinkable and knowable by learned medics of the period c.1530-1630. This is a study of great significance to the history of medicine, as well as the history of European ideas in general.

The vast majority of experimental studies of music to date have explored music in terms of the processes involved in the perception and cognition of complex sonic patterns that can elicit emotion. This paper argues that this conception of music is at odds both with recent Western musical scholarship and with ethnomusicological models, and that it presents a partial and culture‐specific representation of what may be a generic human capacity. It argues that the cognitive sciences must actively engage with the (...) problems of exploring music as manifested and conceived in the broad spectrum of world cultures, not only to elucidate the diversity of music in mind but also to identify potential commonalities that could illuminate the relationships between music and other domains of thought and behavior. (shrink)

The role of dispositions in the physical world is considered. It is shown that not only can classical physics be reasonably construed as the discovery of real dispositions, but also quantum physics. This approach moreover allows a realistic understanding of quantum processes.

This monograph presents a synthesis and reconstruction of Rudolf Arnheim’s theory of media. Combining both Arnheim’s well-known writings on film and radio with his later work on the psychology of art, the author presents a coherent approach to the problem of the nature of a medium, space and time, and the differentia between different media. The latent ontological commitments of Arnheim’s theories is drawn out by affirming Arnheim’s membership in the Brentano school of Austrian philosophy, which allows his theories to (...) be clarified and strengthened, particularly with the metaphysical writings of Roman Ingarden. The resulting theory is relational, portraying essential medial differences with neutral criteria and allowing for a rigorous definition of a medium. The way in which a medium is based on the inherent dispositions of medial materials creates a highly appealing theory that is determinate without being deterministic. The theory is thus highly timely as people in media studies seek to address the determinate nature of media after the post-medium condition. The book will appeal to researchers and graduate students in cultural and media studies as well as architecture and design. (shrink)

This historical study investigates Ludwig Wittgenstein's early philosophy of logic and language, as it is presented in his Tractatus Logico-Philosophicus . The study makes a case for the Tractatus as an insightful critique of the philosophies of Bertrand Russell and Gottlob Frege-the Founding Fathers of analytic philosophy.

This paper applies concepts Deleuze developed in his ‘Postscript on the Societies of Control’, especially those relating to modulatory power, dividuation and control, to aspects of Australian schooling to explore how this transition is manifesting itself. Two modulatory machines of assessment, NAPLAN and My Schools, are examined as a means to better understand how the disciplinary institution is changing as a result of modulation. This transition from discipline to modulation is visible in the declining importance of the disciplinary teacher–student relationship (...) as a measure of the success of the educative process. The transition occurs through seduction because that which purports to measure classroom quality is in fact a serpent of modulation that produces simulacra of the disciplinary classroom. The effect is to sever what happens in the disciplinary space from its representations in a luminiferous ether that overlays the classroom. (shrink)

How to draw the line between depression-as-disorder and non-pathological depressive symptoms continues to be a contested issue in psychiatry. Relatively few philosophers have waded into this debate, but the tools of philosophical analysis are quite relevant to it. In this paper, I defend a particular answer to this question, the Contextual approach.On this view, depression is a disorder if and only if it is a disproportionate response to a justifying cause or else is unconnected to any justifying cause. I present (...) four objections to this approach and then defend it from them. Along the way, I explain why it matters whether we get this question right. (shrink)

Opinions have varied wildly as to whether the roots of language run extremely deep in the human lineage, or, alternatively, whether this unprecedented capacity is a recent acquisition. The question has been exacerbated by the fact that language itself does not preserve, so that its possession by earlier hominids has had to be inferred from indirect material proxies. Here I argue that while most technological putative proxies from the Paleolithic are certainly evidence of highly complex cognitive states among our precursors, (...) virtually none of them can reliably be taken as witness to the specific symbolic cognitive style that human beings share today—and with which language is intricately intertwined. Symbolic reasoning can only be confidently inferred from explicitly symbolic objects. These latter only became integral to hominid societies within the tenure of anatomically modern Homo sapiens, and their appearance marked an extreme inflection in the tempo of change as seen in the archaeological record. I thus suggest that the neural capacity for symbolic reasoning and language was acquired during the major developmental reorganization that gave rise to the highly anatomically distinctive H. sapiens some 200 thousand years ago, but that that the new potential was not exploited until about 100 thousand years later, when it was released by what was necessarily a cultural stimulus. Most probably, this stimulus was the spontaneous invention of externalized structured language. This brings the origin of language into the realm of exaptation and emergence—both of them familiar evolutionary phenomena requiring no special explanation—and excludes the long-term fine-tuning of language and human reasoning by natural selection. (shrink)

Is there such a thing as philosophical nonsense? For the best part of a century now philosophers have been accusing each other of talking nonsense. This practice presupposes that people can be wrong in thinking they mean anything by what they say, that there can be an illusion of meaning. But the assumption that illusions of meaning are possible has not, the author believes, been seriously examined; nor has the problem of how such illusions could be diagnosed been satisfactorily answered. (...) This book extends the work of a number of recent writers on Wittgenstein who have advocated an 'austere' view of nonsense, but in a more sceptical direction than they have taken. It argues that nonsensicalism is radically misguided and should be abandoned. The possibility that illusions of meaning occur outside philosophy - in dreams, in certain hoaxes, in madness or under the influence of drugs - is also examined. IAN DEARDEN read philosophy at Downing College, Cambridge, and Bedford College, London. He taught philosophy at Bedford College, the City University, the Polytechnic of North London and the University of Essex, and also for the London University Department of Extra-Mural Studies. (shrink)

Building on critical approaches that understand algorithms in terms of communication, culture and organization, this paper offers the supplementary conceptualization of algorithms as organizational figuration, defined as material and meaningful sociotechnical arrangements that develop in spatiotemporal processes and are shaped by multiple enactments of affordance–agency relations. We develop this conceptualization through a case study of a Danish fintech start-up that uses machine learning to create opportunities for sustainable pensions investments. By way of ethnographic and literary methodology, we provide an in-depth (...) analysis of the dynamic trajectory in and through which the organization gives shape to and takes shape from its key algorithmic tool, mapping the shifting sociotechnical arrangements of the start-up, from its initial search for a viable business model through the development of the algorithm to the public launch of its product. On this basis, we argue that conceptualizing algorithms as organizational figuration enables us to detail not only what algorithms do but also what they are. (shrink)

Baxter (Australas J Philos 79: 449-464, 2001) proposes an ingenious solution to the problem of instantiation based on his theory of cross-count identity. His idea is that where a particular instantiates a universal it shares an aspect with that universal. Both the particular and the universal are numerically identical with the shared aspect in different counts. Although Baxter does not say exactly what a count is, it appears that he takes ways of counting as mysterious primitives against which different numerical (...) identities are defined. In contrast, I defend the idea— suggested, though not quite endorsed, by Baxter himself—that counts are independent dimensions of numerical identity. Different ways of counting are explained by the existence of these different sorts of identity (i.e., counts). For the instantiation of a universal by a particular, I propose one dimension concerned with the individuation of particulars (the p-count) and another dimension concerned with the individuation of universals (the u-count). On that basis, I give a clear definition of cross-count identity that explains its asymmetrical nature (i.e., the fact that particulars instantiate universais, but not vice versa). I extend the theory to a third dimension—that of time, or the t-count—and thereby defend Baxter's ideas on change, and the contingency of instantiation. Baxter (Mind 97(388): 575-582, 1988; Australas J Philos 79: 449-464, 2001) proposes the related idea of composition as (cross-count) identity. Parts are individually cross-count identical with the wholes that they constitute, and they collectively share all aspects across counts with those wholes. I propose an innovation by which totality is shared distinctness across counts. The theory applies to both the totality of particulars that instantiate any given universal, and the totality of parts that constitute any given whole. I argue that this has several advantages over Armstrong's view, which is based on a dubious external totalling relation. I also argue that Armstrong's theory of numbers (or quantities) as internal relations ought to be rejected in favour of an account based on identity and distinctness. The paper concludes with a careful analysis of external relations in Baxter's framework. I argue that we must recognise one further dimension of identity in order to differentiate between, e.g., the aspects of Abelard insofar as he loves Heloise and Abelard insofar as he loves Isobel. Each of these aspects is identical with Abelard and identical with loving-by, yet they must be in some way distinct. I therefore propose the r-count, in which multiple distinct relational properties are the very same relation (-part). The existence of these four independent dimensions explains the fact that particulars, universals, relations, and times are fundamentally different sorts of things in the ontology. Each is individuated with respect to a different dimension of identity. (shrink)

One of the core values to be applied by a body reviewing the ethics of human research is justice. The inclusion of justice as a requirement in the ethical review of human research is relatively recent and its utility had been largely unexamined until debates arose about the conduct of international biomedical research in the late 1990s. The subsequent amendment of authoritative documents in ways that appeared to shift the meaning of conceptions of justice generated a great deal of controversy. (...) Another difficulty has been that both the theory and the substance of justice that are applied by researchers or reviewers can be frequently seen to be subjective. Both the concept of justice — whether distributive or commutative — and what counts as a just distribution or exchange — are given different weight and meanings by different people.In this paper, the origins and more recent debates about the requirement to consider justice as a criterion in the ethical review of human research are traced, relevant conceptions of justice are distinguished, and the manner in which they can be applied meaningfully in the ethical review of all human research is identified.We also explain the way that these concepts are articulated in, and the intent and function of, specific paragraphs of the National Statementon Ethical Conduct in Human Research (2007). The National Statement identifies a number of issues that should be considered when a human research ethics committee is reviewing the justice aspects of an application. We provide guidance to researchers as to how they can show that there is a fair distribution of burdens and benefits in the participant experience and the research outcomes. We also provide practical guidance to researchers on how to think through issues of justice so that they can demonstrate that the design of their research projects meets this ethical requirement. (shrink)

Adam Smith is perceived, through his best-known book, An Inquiry into the Nature and Causes of the Wealth of Nations, as the founder of economics as a science. His thought has shaped modern ideas about the market economy and the role of the state in relation to it. Yet Smith needs to be recognized as more than this, as a man of letters, moralist, historian, and critic, as well as an economist, if we are to get full value for his (...) ideas and perspectives in contemporary applications. Ian Simpson Ross is the biographer of Lord Kames, Smith's patron, and of the Scottish poet William Dunbar, and has edited, with E C Mossner, Smith's correspondence for the Glasgow edition of his works. In this, the first full-scale biography of Adam Smith for a hundred years, Ross brings his subject in to historical light as a thinker and author by examining his family circumstance, education, career, and social and intellectual circle, including David Hume and Francois Quesnay, revealed through his correspondence, archival documents, the reports of contemporaries, and the record of his publications. Readers will meet Smith as a student at a lively Glasgow and sleepy Oxford; freelance lecturer in rhetoric; innovative university teacher; tutor travelling abroad with a Duke; acclaimed political economist; policy advisor to governments during and after the American crisis; and finally, if paradoxically in view of his tenets, a Commissioner of Customs coping with the free traders in the smuggling business. This is the life of a Scottish moral philosopher whose legacy of thought concerns and affects us all. Its lively and informed account will appeal to those interested in the social and intellectual milieu of the eighteenth century, and in scottish history. Economists and philosophers will find much to read about the history of their disciplines, supported by full documentation. (shrink)

Michael Oakeshott is widely recognised to be one of the most original political philosophers of the twentieth century. He also developed a very influential interpretation of the ideas of the great seventeenth century philosopher Thomas Hobbes. While many commentators have noted the importance of Hobbes for understanding Oakeshott’s thought itself, this is the first book to provide a systematic interpretation of Oakeshott’s philosophy by paying close attention to all facets of Oakeshott’s reading of Hobbes. On the surface, Oakeshott, the philosophical (...) idealist and critic of rationalism in politics, would seem to have little in common with Hobbes, who is often regarded as a classic materialist and rationalist philosopher. This work shows, however, that despite appearances, there are many basic affinities between the two thinkers and that Oakeshott brought to the surface aspects of Hobbes’s thought that had previously been overlooked by Hobbes scholars. The development of Oakeshott’s own theory is shown to mirror changes in his reading of Hobbes and many of the distinctive features of Oakeshott’s thought including the modal and sceptical conception of human knowledge, the ‘morality of individuality’, the theory of civil association, and the critique of rationalism all find a fascinating focal point in his writings on Hobbes. Some attention is also paid to Oakeshott’s religious ideas, indicating what they share with Hobbes’s philosophy of religion. The book situates Oakeshott’s reading in relation to some other important twentieth century interpretations of Hobbes and examines its significance for broader debates in political theory and the history of ideas. (shrink)

Within Western political philosophy, the rights of groups has often been neglected or addressed in only the narrowest fashion. Focusing solely on whether rights are exercised by individuals or groups misses what lies at the heart of ethnocultural conflict, leaving the crucial question unanswered: can the familiar system of common citizenship rights within liberal democracies sufficiently accommodate the legitimate interests of ethnic citizens? Specifically, how does membership in an ethnic group differ from other groups, such as professional, lifestyle, or advocacy (...) groups? How important is ethnicity to personal identity and self-respect, and does accommodating these interests require more than standard citizenship rights? Crucially, what forms of ethnocultural accommodations are consistent with democratic equality, individual freedom, and political stability? Invoking numerous cases studies and addressing the issue of ethnicity from a range of perspectives, Ethnicity and Group Rights seeks to answer these questions. (shrink)

Anarchism provides a useful set of theoretical tools for understanding and resisting our culture’s treatment of non-human animals. However, some points of disagreement exist in anarchist discourse, such as the question of veganism. In this paper I will use the debate around veganism as a way of exploring the anarchist discourse on non-human animals, how that discourse can benefit more mainstream work on non-human animals, and how work coming out of mainstream environmental discourse, in particular the ecofeminist work of Val (...) Plumwood, can likewise benefit anarchist thought. Ultimately I will show that anarchism and some of the more radical strains of environmental philosophy such as ecofeminism can greatly contribute to each other and to Critical Animal Studies. (shrink)

The purpose of this paper is to set out a structured meta‐methodology, named DIODE, for the ethical assessment of new and emerging technologies. DIODE has been designed by a mixture of academics, governmental people and commercial practitioners. It is designed to help diverse organisations and individuals conduct ethical assessments of new and emerging technologies. A framework discussion paper was developed for consultation to ensure that DIODE addresses fundamental ethical concerns, has appropriate and manageable scope and is comprehensive in its ethical (...) compass. The resulting DIODE meta‐methodology uses flowcharts and templates, encompassing the use of diverse tools and techniques. There are two different angles for the ethical assessment of new technologies; a strategic-abstract angle and a project-application specific angle. DIODE includes two channels to accommodate this distinction. Early stage testing yielded positive feedback and mostly favourable comment. Additional guidance materials are being developed in response to the feedback. Without training and guidance, it is difficult for technologists to take ethical concerns into account during the development and deployment of new technologies. DIODE can provide that training and guidance through a practical meta‐methodology which should help ICT professionals, policy makers and academics. There is very little structured methodology material available on the ethical assessment of new technologies. The depth and sophistication contained in DIODE is therefore believed to be unique. DIODE provides practical help while remaining rooted in the philosophical and theoretical concepts of ethics. (shrink)

Review of Lorraine Daston and Peter Galison's book, 'Objectivity'.

Within cultural history there is a widespread eschewal of speculative reasoning. This article notes the complicity of the general postmodern avoidance of metanarratives with Anglo-Saxon empiricism and locates the major problem facing cultural history in postmodernism's conflation of trajectories and teleologies. Any discussion of the directionality of history is imputed to be a full-blown teleology. Using previous discussions from different fields, the difference between a teleology and trajectory is defended and, after clarifying certain confusions, it is argued that trajectories, as (...) following the working of generative mechanisms, are necessary to theorize in order to make interesting progress within the field of cultural history. (shrink)

The moment when a person’s actual relationships fall short of desired relationships is commonly identified as the etiological moment of chronic loneliness, which can lead to physical and psychological effects like depression, worse recovery from illness and increased mortality. But, this etiology fails to explain the nature and severe impact of loneliness. Here, we use philosophical analysis and neuroscience to show that human beings develop and maintain our world-picture (our sense of what is true, important, and good) through joint attention (...) and action, motivated by friendship, in the Aristotelian sense of “other selves” who share a sense of the true and the good, and desire the good for each other as much as for themselves. The true etiological event of loneliness is the moment one’s world-picture becomes unshared. The pathogenesis is a resultant decay of our world-picture, with brain and behavior changes following as sequelae. (shrink)

This guest-edited special section explores the related themes of mystery, humility, and religious practice from both the Western and East Asian philosophical traditions. The contributors are David E. Cooper, John Cottingham, Mark Wynn, Graham Parkes, and Ian James Kidd.

It appears that the attitudes of health professionals differ towards suicide and voluntary active euthanasia. An acceptance of, if not an agreement with, voluntary active eutha nasia exists, while there is a general consensus that suicide should be prevented. This paper searches for a working definition of suicide, to discover ethical reasons for the negative value that suicide assumes, and also to provide a term of reference when comparing suicide with euthanasia. On arriving at a working definition of suicide, it (...) is compared with voluntary active euthanasia. An analysis of utilitarian and deontological considerations is provided and proves to be inconclusive with respect to the ethical principles informing the attitudes of professionals. Therefore, a search for other influences is attempted; this indicates that psychological influences inform attitudes to a greater degree than ethical principles. (shrink)