Background: When a genetic mutation is identified in a family member, internationally, it is usually the proband’s or another responsible family member’s role to disclose the information to at-risk relatives. However, both active and passive non-disclosure in families occurs: choosing not to communicate the information or failing to communicate the information despite intention to do so, respectively. The ethical obligations to prevent harm to at-risk relatives and promote the duty of care by genetic health professionals is in conflict with Privacy (...) laws and professional regulations that prohibits disclosure of information to a third party without the consent of the proband. In New South Wales, Australia, amendments to Privacy legislation permits such disclosure to living genetic relatives with the process defined under guidelines although there is no legal duty to warn. This study assessed NSW GHP’s awareness and experience of the legislation and guidelines. Methods: An online survey collected demographics; theoretical knowledge; clinical scenarios to assess application knowledge; attitudes; confidence; experience with active non-disclosure. A link to correct answers was provided after completion. Knowledge scores above the median for non-parametric data or above the mean for parametric data were classified as ‘good’ or ‘poor’. Chi square tests assessed associations between confidence and knowledge scores. Results: While many of the 37 participants reported reading the guidelines, there was limited awareness of their scope and clinical application; that there is no legal duty to warn; and that the threat does not need to be imminent to warrant disclosure. No association between confidence and ‘good’ theoretical or applied clinical knowledge was identified. Uncertainty of their professional responsibility was identified and in the several case examples of active non-disclosure that were reported this uncertainty reflected the need for further understanding of the guidelines in regard to the processes required before disclosure was initiated. Conclusions: There is a need for further education and training about the guidelines associated with the legislation that would be relevant to support disclosure. The findings may inform future strategies to support introduction of policy changes in other jurisdictions where similar regulatory regimes are introduced. (shrink)

Contents: LEGAL THEORY 1. Reflections on law in context / William Twining -- 2. Are omissions less culpable? / Tony Honore -- 3. Scandinavian legal realism in the law of contract / Jan Hellner -- 4. Statutes and contracts as founts of formal reasoning / Robert S. Summers -- 5. Conceptions of public policy / John Bell LEGAL HISTORY 6. Aftermath / Paul D. Carrington -- 7. The role of the judiciary: lessons from the end of empire / Robert Stevens (...) -- 8. The Origins of futures trading in the Liverpool Cotton Market COMMON LAW 9.payment undertakings / Roy Goode -- 10. Pre-contractual duties of disclosure / S.M. Waddams -- 11. Three problems with the new product liability / Jane Stapleton -- 12. Evaluating the goals of personal injury law: some empirical evidence / Donald Harris -- 13. Negligence and economic loss / John Dwyer -- 14. Libel and constitutional free speech / John Fleming -- 15. The basis of tortious liability / Peter Cane. (shrink)

In this paper, I explore connections between two disciplines not typically linked: argumentation theory and urban design. I first trace historical ties between the art of reasoned discourse and the idea of civic virtue. I next analyze discourse norms implicit in three theories of urban design: Jane Jacobs' The Death and Life of Great American Cities (1961), Christopher Alexander's A Pattern Language: Towns, Buildings, Construction (1977), and Peter Katz's The New Urbanism: Toward an Architecture of Community (1994). I then (...) propose a set of ‘settlement’ issues of potential interest to both urban designers and argumentation theorists: size, density, heterogeneity, publicity, security, and identity. I conclude by suggesting that the ‘good city’ be seen as both a spatial and a discursive entity. From such a perspective, good public discourse is dependent, at least in part, on good public space; and good public space is defined, at least in part, as a context conducive to good public discourse. (shrink)

Call the norms of inquiry zetetic norms. How are zetetic norms related to epistemic norms? At first glance, they seem quite closely connected. Aren't epistemic norms norms that bind inquirers qua inquirers? And isn't epistemology the place to look for a normative theory of inquiry? While much of this thought seems right, this paper argues that the relationship between the epistemic and the zetetic is not as harmonious as one might have thought and liked. In particular, this paper argues that (...) some familiar contemporary epistemic norms are in tension with, and even in conflict with, central zetetic norms. (shrink)

Advice is interesting because it is a relationship that is built upon two asymmetries. Advice concerns what the advisee ought to do. For that reason, considerations of autonomy suggest that the advisee has a greater claim on what matters in deliberation. However, the advisor is wiser than the advisee. That suggests that the advisor has a greater insight into what matters in deliberation. These are the asymmetry of autonomy and the asymmetry of wisdom. To account for both, I argue for (...) informed subjectivism. Informed subjectivism is the view that the quality of advice is determined by the likelihood that the advisee would consistently prefer acting on the advice to not acting the advice. The theory captures the asymmetry of autonomy by making the quality of advice based on the advisee’s judgment. It captures the asymmetry of wisdom by making the relevant judgments of the advisee be ones that are informed by experience. (shrink)

The Aesthetics of Design offers the first full treatment of design in the field of philosophical aesthetics, challenging the discipline to broaden its scope to include the quotidian objects and experiences of our everyday lives and concerns ...

Introduction: from grammatology to cultural graphology -- The psychopathology of writing -- Type ornament -- Sign tailoring -- Psychoanalytic graphology.

Postcolonialism offers challenging and provocative ways of thinking about colonial and neocolonial power, about self and other, and about the discourses that perpetuate postcolonial inequality and violence. Much of the seminal work in postcolonialism has been shaped by currents in philosophy, notably Marxism and ethics. "Understanding Postcolonialism" examines the philosophy of postcolonialism in order to reveal the often conflicting systems of thought which underpin it. In so doing, the book presents a reappraisal of the major postcolonial thinkers of the twentieth (...) century.Ranging beyond the narrow selection of theorists to which the field is often restricted, the book explores the work of Fanon and Sartre, Gandhi, Nandy, and the Subaltern Studies Group, Foucault and Said, Derrida and Bhabha, Khatibi and Glissant, and Spivak, Mbembe and Mudimbe. A clear and accessible introduction to the subject, "Understanding Postcolonialism" reveals how, almost half a century after decolonisation, the complex relation between politics and ethics continues to shape postcolonial thought. (shrink)

Philosophy and Phenomenological Research, EarlyView.

In this paper I look at belief and degrees of belief through the lens of inquiry. I argue that belief and degrees of belief play different roles in inquiry. In particular I argue that belief is a “settling” attitude in a way that degrees of belief are not. Along the way I say more about what inquiring amounts to, argue for a central norm of inquiry connecting inquiry and belief and say more about just what it means to have an (...) inquiry or question settled. (shrink)

This chapter contains sections titled: Introduction Philosophy Pitfalls, and What Is Needed to Avoid Them Institutional History at Cambridge Cambridge Philosophy Reference.

Harry Frankfurt and David Velleman have both offered accounts of paradigmatic action. That is, they have offered theories as to which capacities allow us to maximally express our agency. To greatly over simplify, Frankfurt ultimately roots our agency in our capacity to care, while Velleman places it in our cognitive capacity to make sense of ourselves. This paper contends that both have an important piece of the truth and that we should accept a pluralistic approach to paradigmatic agency. It argues (...) that we manifest a capacity that is distinctive of an agency when we have so fully embraced a motivation we are no longer capable of consciously controlling whether we act on it or not. (shrink)

In this paper I argue that there is a class of attitudes that have questions (rather than propositions or something else) as contents.

In Timothie Bright and the Origins of Early Modern Shorthand, J. D. Fleming brings together two areas of sixteenth-century intellectual history. One is the period emergence of artificial systems for verbatim shorthand notation-a crucial episode in the history of information. The other is the ancient medical discourse of melancholy humour, or black bile. Timothie Bright (1550-1615), physician and priest, prompts the juxtaposition. For he was the author, not only of the period's original shorthand manual-Characterie (1588)-but also of the first (...) book in English on the dark humour: The Treatise of Melancholy (1586). Bright's account of melancholy involves a cybernetic phenomenology of the human. Essentially, we are psyches (souls or minds). We are sealed off from our bodies, operating them as automata across an interface. Psychological presence, for Bright, is illusion and pathology. Engrossing performances or representations therefore bring great danger, and so does the doctrine of predestination-less for its content than its typical delivery. Painful preaching was indispensable in sixteenth-century English Protestantism. But it falls foul of Bright's proscriptions. This is followed by his publication of the first known system for verbatim shorthand notation since antiquity, its technique heavily inflected toward a vocabulary of the pulpit. The passionate, oral performance of the inspired preacher receives an unprecedented textual preservative-and prophylactic. Bright's technology of information serves his phenomenology of alienation. This book will be of interest to students and scholars of the early modern period, the tradition of melancholy, and the history of information-as theory, and technology. (shrink)

For neoclassical economists, Homo economicus, or economic human, represents the ideal employee: an energetic worker bee that is a rational yet competitive decision-maker. Alternatively, one could view the concept as a cold and selfish workaholic endlessly seeking the accumulation of money and advancement - a chilling representation of capitalism. Or perhaps, as Peter Fleming argues, Homo economicus does not actually exist at all. In The Death of Homo Economicus, Fleming presents this controversial claim with the same fierce logic (...) and perception that launched his Guardian column into popularity. Fleming argues that as an invented model of a human being, Homo economicus is, in reality, a tool used by economists and capitalists to manage our social world through the state, business, and even family. As workers, we are barraged with constant reminders that we should always strive toward this ideal persona. It's implied - and sometimes directly stated - that if we don't then we are failures. Ironically, the people most often encouraged to emulate this model are those most predisposed to fail due to their socioeconomic circumstances: the poor, the unemployed, students, and prisoners. Fleming illuminates why a peculiar proactive negativity now marks everyday life in capitalist societies, and he explores how this warped, unattainable model for workers would cause chaos if enacted to the letter. Timely and revelatory, The Death of Homo Economicus offers a sharp, scathing critique of who we are supposed to be in the workplace and beyond"--Provided by publisher. (shrink)

"It is well to remind ourselves, from time to time, that "Ethics" is but another word for "righteousness," that for which many men and women of every generation have hungered and thirsted, and without which life becomes meaningless. Certain forms of personal righteousness have become to a majority of the community almost automatic. But we all know that each generation has its own test, the contemporaneous and current standard by which alone it can adequately judge of its own moral achievements. (...) To attain individual morality in an age demanding social morality, to pride one's self on the results of personal effort when the time demands social adjustment, is utterly to fail to apprehend the situation. This book is a study of various types and groups who are being impelled by the newer conception of Democracy to an acceptance of social obligations involving in each instance a new line of conduct."--. (shrink)

This volume tracks the evolution of Mansbridge's key contributions to democratic theory in participatory, institutional and feminist contexts through articles that span her entire career to date.

In _Vibrant Matter_ the political theorist Jane Bennett, renowned for her work on nature, ethics, and affect, shifts her focus from the human experience of things to things themselves. Bennett argues that political theory needs to do a better job of recognizing the active participation of nonhuman forces in events. Toward that end, she theorizes a “vital materiality” that runs through and across bodies, both human and nonhuman. Bennett explores how political analyses of public events might change were we (...) to acknowledge that agency always emerges as the_ _effect of ad hoc configurations of human and nonhuman forces. She suggests that recognizing that agency is distributed this way, and is not solely the province of humans, might spur the cultivation of a more responsible, ecologically sound politics: a politics less devoted to blaming and condemning individuals than to discerning the web of forces affecting situations and events. Bennett examines the political and theoretical implications of vital materialism through extended discussions of commonplace things and physical phenomena including stem cells, fish oils, electricity, metal, and trash. She reflects on the vital power of material formations such as landfills, which generate lively streams of chemicals, and omega-3 fatty acids, which can transform brain chemistry and mood. Along the way, she engages with the concepts and claims of Spinoza, Nietzsche, Thoreau, Darwin, Adorno, and Deleuze, disclosing a long history of thinking about vibrant matter in Western philosophy, including attempts by Kant, Bergson, and the embryologist Hans Driesch to name the “vital force” inherent in material forms. Bennett concludes by sketching the contours of a “green materialist” ecophilosophy. (shrink)

In recent years, two important books by Yoram Cohen and Matthew Rutz have marked significant progress in research on the archives of Late Bronze Age Emar in northwestern Syria. Both of them approach Emar by way of its scribes. Cohen undertakes a systematic review of all named scribes identified in texts associated with Emar, while Rutz narrows his object to the building that yielded by far the largest number of excavated tablets. This work is foundational to future work on the (...) Emar texts even as it calls for cautious consideration. (shrink)

Healthism and ableism intertwine through an imperative of normalcy and the ensuing devaluing of those who fail to meet societally dominant norms and expectations around “normal” health. This paper tracks the effect of that imperative of normalcy through current research into gut microbiome therapies, using therapies targeting fatness and autism as examples. The complexity of the gut microbiome ought to encourage us to rethink our conception of ourselves and our embeddedness in the world; instead, the microbiome is transformed into one (...) more tool for controlling unruly bodies and minds. (shrink)

The proposed new geological era, The Anthropocene (aka Age of Humans, Age of Man), marking human domination of the planet long called Mother Earth, is truly The Age of the Motherfucker. The ecocide of the Anthropocene comes from Man, the Western- and masculine- identified corporate, military, intellectual, and political class that masks itself as the exemplar of the civilized and the human. The word motherfucker was invented by the enslaved children of White slavemasters to name their mothers' rapist/owners. Man's strategic (...) motherfucking, from the personal to the planetary, is invasion, exploitation, spirit-breaking, extraction and toxic wasting of individuals, communities, and lands, for reasons of pleasure, plunder, and profit. Ecocide is attempted deicide of Mother Nature-Earth, reflecting Man's goal to come the god he first made in his own image. The motivational word Motherfucker further reveals the Anthropocene with a flip side signifying an outstanding, formidable, and inexorable force. Mother Nature-Earth is that "Mutha'" -- one defying translation into heteropatriarchal classifications of gender, one capable of overwhelming Man and not the other way around. Drawing upon Indigenous and African American scholarship, ecofeminism, ecowomanism, green activism, femme, queer, and gender non-binary philosophies, literature and arts, Afrofuturism, and popular culture, Call Your "Mutha'" contends that the Anthropocene is not evidence of Man's supremacy over nature, but that Mother Nature-Earth, faced with disrespect, is going away. It is imperative now to call the "Mutha'" by decolonizing land, bodies, and minds, ending rapism, feeding the green, renewing sustaining patterns and affirming devotion to Mother Nature-Earth. (shrink)

Challenges the idea held by many prominent twentieth-century Sinologists that early China experienced a “language crisis.” Jane Geaney argues that early Chinese conceptions of speech and naming cannot be properly understood if viewed through the dominant Western philosophical tradition in which language is framed through dualisms that are based on hierarchies of speech and writing, such as reality/appearance and one/many. Instead, early Chinese texts repeatedly create pairings of sounds and various visible things. This aural/visual polarity suggests that texts from (...) early China treat speech as a bodily practice that is not detachable from its use in everyday experience. Firmly grounded in ideas about bodies from the early texts themselves, Geaney’s interpretation offers new insights into three key themes in these texts: the notion of speakers’ intentions (yi), the physical process of emulating exemplary people, and Confucius’s proposal to rectify names (zhengming). Jane Geaney is Professor of Religious Studies at the University of Richmond and the author of On the Epistemology of the Senses in Early Chinese Thought. (shrink)

1. What is it according to Berkeley for bodies to exist in the mind? Maybe no simple or single answer to this question fits everything that he says about it in the Principles and Dialogues , but I think he gives or suggests an answer in Principles section 49 that he may have to give or be willing to accept across the board. The trouble is that this answer comes with a fairly high price.

Current experimentations with approaches to restorative justice for adult offenders represents a compelling new direction in the criminal justice system. This book examines the values and challenges of restorative justice for adult offenders, victims and communities. The discussion is situated within current debate, available research, and the international literature. In canvassing the structure, content, and delivery of key Australian and New Zealand restorative justice programs for adult offenders, the distinguished authors offer critical analysis of the emergence and impact of program (...) developements for practitioners and professionals. This collection brings together stimulating and informed articles by experienced practitioners, leading academics and new researchers in the field. It also offers valuable insights into emerging restorative justice practice for adult offenders and provides a real alternative to the adversarial justice system. (shrink)

Western metaphysics has been distorted by Aristotle's misconception of essence and (il)logic of male homophobia. Via its inscription of female bodies, this muddled metaphysics is causing a fragmentation of self that is currently leading to eating disorders. A spirogenetic model of essence and subjectivity may solve our metaphysical and thus mental ills.

ABSTRACT In this paper I examine some of the issues surrounding the moral status of the therapy known as ‘deprogramming’. I argue against the extreme view that all deprogrammings are morally impermissible. In certain instances deprogramming is morally justified because it is quite capable of restoring the conditions needed for the exercise of autonomy. The view of autonomy I am following is that constructed by Gerald Dworkin, wherein two conditions must be met in describing a person as autonomous—authenticity and procedural (...) independence. Autonomy of another type, described by Dworkin as authenticity plus substantive independence, may be lost by persons involved in cults but in those instances deprogramming as reconstructed in this paper is not a morally justified measure. (shrink)

This book explores the persistence of Pythagorean ideas in theoretical physics. It shows that the Pythagorean position is both philosophically deep and scientifically interesting. However, it does not endorse pure Pythagoreanism; rather, it defends the thesis that mind and mathematical structure are the grounds of reality. The book begins by examining Wigner's paper on the unreasonable effectiveness of mathematics in the natural sciences. It argues that, whilst many issues surrounding the applicability of mathematics disappear upon examination, there are some core (...) issues to do with the effectiveness of mathematics in fundamental physics which remain. The core issues are the existence of the laws of nature and our minds ability to fathom them, the use of formal mathematics in discovering things about the quantum world, the fact that deep mathematics is needed to describe fundamental physics, and the asymptotic nature of the quest for knowledge. These issues are the focus of the book. The author seeks to explain them within a metaphysical framework that takes mind and mathematical structure as its fundamental principles. The framework - called quantum monadology - combines ideas from Leibnizian monadology, set theory, and consistent histories quantum theory. (shrink)

Part I. Naturalistic ethics -- Part II. Law and behavioral morality -- Part III. Biopolitical science.

1. ‘“But aren't you saying that all that happens is that he moans, and that there is nothing behind it?” I am saying that there is nothing behind the moaning ’ . This passage seems to me to epitomize a conception of the mind and its relation to the body found in the later work of Wittgenstein. It will be convenient to write as if this is his view of the mind. He suggests elsewhere that he is not advancing philosophical (...) theses in his later work; so maybe this view is not a philosophical thesis in some relevant sense; or maybe Wittgenstein is not wholly consistent; or maybe he puts it forward only dialectically, and in other philosophical contexts would have espoused other views of the mind as much as he espouses this one. In any case, what does this one amount to? ‘There is nothing behind the moaning.’ What does this mean? (shrink)