This book analyzes the general structure of constitutional rights reasoning under the Geman Basic Law. It deals with a wide range of problems common to all systems of constitutional rights review. In an extended introduction the translator argues for its applicability to the British Constitution, with particular reference to the Human Rights Act 1998.

A series of cases, some of them with a high media profile, suggest that freedom of religion or belief in the United Kingdom is being undermined by the operation of new equality laws. This article outlines the constitutional context for liberty and equality rights as well as the main ways in which religious liberty is secured by and within equality law. However, British equality law puts pressure on religious liberty in four ways: it confines the relevance of ‘religion’ to limited (...) social contexts; it creates a priority for equality-perspectives over liberty-perspectives on social conflict; it generates new social assumptions about what individuals have to believe and say if they are to be trusted to uphold the law; it provides legitimation for the imposition of contested comprehensive equality doctrines, some of which are inimical to civil liberty. In response, it is important to emphasise the role of equality law as a tool to secure mutual toleration and equal rights in the face of religious and ethical disagreement. (shrink)

Modern theorists often use Immanuel Kant's work to defend the normative primacy of human rights and the necessity of institutionally autonomous forms of global governance. However, properly understood, his law of nations describes a loose and noncoercive confederation of republican states. In this way, Kant steers a course between earlier natural lawyers such as Grotius, who defended just-war theory, and visions of a global unitary or federal state. This substantively mundane claim should not obscure a more profound contribution to the (...) science of international law. Kant demonstrates that his concept of law forms part of a logical framework by which to ascertain the necessary institutional characteristics of the international legal order. Specifically, his view is that the international legal order can only take a noncoercive confederated form as its subjects become republican states and that in these circumstances law can exist without a global state. Put another way, Kant argues that if we get state-building right, the law of nations follows. CN - 58005245. (shrink)

This article argues that Wolterstorff’s concept of rights is ambiguous between the interest and will theories. It provides possible reconstructions and points towards a more suitable third concept theologically grounded in an account of humans as constituted relationally, juridically and eternally.

ABSTRACTAt first sight, the work of the German legal philosopher and constitutional theorist, Robert Alexy, appears to offer a welcome counter-example to the general insulation of Anglo-American ju...

Between 1934 and 1942 Heidegger delivered three series of lectures on Hölderlin’s poetry. The discussion of “Der Ister” was the last of these, although Heidegger continued to think and write about Hölderlin into the 1960s. William McNeill and Julia Davis’s recent translation of the “Ister”— volume —is the first of the Hölderlin lectures to appear in English.

Between 1934 and 1942 Heidegger delivered three series of lectures on Hölderlin's poetry. The discussion of “Der Ister” was the last of these, although Heidegger continued to think and write about Hölderlin into the 1960s (see GA 4). William McNeill and Julia Davis's recent translation of the “Ister”—volume (GA 53)—is the first of the Hölderlin lectures to appear in English.

Feminists today are re-imagining nature, biology, and matter in feminist thought and critically addressing new developments in biology, physics, neuroscience, epigenetics and other scientific disciplines. Mattering, edited by noted feminist scholar Victoria Pitts-Taylor, presents contemporary feminist perspectives on the materialist or ‘naturalizing’ turn in feminist theory, and also represents the newest wave of feminist engagement with science. The volume addresses the relationship between human corporeality and subjectivity, questions and redefines the boundaries of human/non-human and nature/culture, elaborates on the entanglements of (...) matter, knowledge, and practice, and addresses biological materialization as a complex and open process. This volume insists that feminist theory can take matter and biology seriously while also accounting for power, taking materialism as a point of departure to rethink key feminist issues. The contributors, an international group of feminist theorists, scientists and scholars, apply concepts in contemporary materialist feminism to examine an array of topics in science, biotechnology, biopolitics, and bioethics. These include neuralplasticity and the brain-machine interface; the use of biometrical identification technologies for transnational border control; epigenetics and the intergenerational transmission of the health effects of social stigma; ADHD and neuropharmacology; and randomized controlled trials of HIV drugs.A unique and interdisciplinary collection, Mattering presents in grounded, concrete terms the need for rethinking disciplinary boundaries and research methodologies in light of the shifts in feminist theorizing and transformations in the sciences. (shrink)

The Quality of Thought develops and defends the thesis that thinking is a kind of experience, characterized by a sui generis (“cognitive”) phenomenology, determinates of which are thought contents—what I call the phenomenal intentionality of thought thesis. It draws out the implications of this thesis for issues in philosophy of mind, philosophy of language and metaphysics. The view defended is radically internalist and intensionalist, and thus goes against received doctrines in philosophy of mind (externalism) and language (extensionalism). It also advocates (...) for a metaphysically neutral, non-naturalistic approach to the philosophical study of mind—what I call “Analytic Phenomenology”—in combination with agnosticism about the nature of the relationship between consciousness and physical reality. -/- The book identifies persistent problems with Dretske-inspired causal-informational-teleological theories of conceptual content, and diagnoses them as due to leaving out what it’s like to think a thought—to entertain or grasp a propositional (conceptual) content. It is thus a contribution to the increasingly influential Phenomenal Intentionality Research Program. It includes refutations of classic externalism (Putnam and Burge) and arguments that standard motivations for direct reference theories of names (Kripke), indexicals and demonstratives (Kaplan) are not inevitable, and alternative accounts of their (and their conceptual equivalents’) semantics. It also addresses outstanding challenges to the phenomenal intentionalist view of thought content, including the existence of unconscious thought, the elusiveness of conceptual phenomenology, the matching content problem, phenomenal compositionality, and the determination of conceptual reference. (shrink)

This paper replies a number of objections brought against the solution to Jennifer Saul's puzzle of failure of substitutivity in transparent contexts presented in my 2001 paper "Alter Egos and Their Names".

Philosophers have long endeavored to support politically relevant efforts, including institutional and legal reforms, insurrectionist uprisings, anticolonial independence struggles, cultural movements, and anti‐violence work. While some debates have emerged regarding normative questions of whether or how philosophers should be activists, this chapter focuses more directly on the manner in which philosophical authors have supported, engaged in, or examined forms of political participation that seek to end forms of oppression such as racism, sexism, colonialism, and systemic poverty. It distinguishes between philosophers (...) who are writing about or in support of forms of political activism and social movements. The chapter explores specific activists and movements that have become relevant within academic philosophy. It examines philosophers who have engaged in direct political action while working within academic philosophy. (shrink)

This volume brings together many prominent philosophical voices today focusing on issues of U. S. Latinx and Latin American identities and feminist theory. As such, the essays collected here highlight the varied and multidimensional aspects of gender, racial, cultural, and sexual questions impacting U.S. Latinx and Latin American communities today. The collection also highlights a number of important threads of analysis from fields as diverse as disability studies,aesthetics, literary theory, and pop culture studies.

The psychedelic psilocybin has shown promise both as treatment for psychiatric conditions and as a means of improving well-being in healthy individuals. In some jurisdictions (e.g., Oregon, USA), psilocybin use for both purposes is or will soon be allowed and yet, public attitudes toward this shift are understudied. We asked a nationally representative sample of 795 US Americans to evaluate the moral status of psilocybin use in an appropriately licensed setting for either treatment of a psychiatric condition or well-being enhancement. (...) Showing strong bipartisan support, participants rated the individual’s decision as morally positive in both contexts. These results can inform effective policy-making decisions around supervised psilocybin use, given robust public attitudes as elicited in the context of an innovative regulatory model. We did not explore attitudes to psilocybin use in unsupervised or non-licensed community or social settings. (shrink)

2007 will be remembered as the year in which the Tour de France died. Race leader and likely eventual winner, Michael Rasmussen, was eliminated near the end on an allegation of doping. Since the 1960s, the idealistic drug crusaders have been on a mission to reverse the course of history, and eliminate drugs from the sport. But this “zero tolerance” strategy to drugs has failed, as 2007's Tour spectacularly showed. Only around 10–15% of professional athletes are drug tested. Currently, it (...) is illegal to use erythropoietin (EPO) or blood doping to move your haematocrit from 48 to 49% even though some people will have a normal level of 49%. A regulated permissive policy would paradoxically reduce risk to athletes. The present system creates an environment of risk to the athlete. A rational policy on doping would allow safe performance‐enhancing interventions which are consistent with the spirit of a particular sport. (shrink)

Some of my colleagues will sadly not be attending the IAB World Congress in Qatar. Amongst other things, they wish to take a stand against Qatar’s human rights record and the treatment of women and...

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

James L. Anderson analyzed the novelty of Einstein's theory of gravity as its lack of "absolute objects." Michael Friedman's related work has been criticized by Roger Jones and Robert Geroch for implausibly admitting as absolute the timelike 4-velocity field of dust in cosmological models in Einstein's theory. Using the Rosen-Sorkin Lagrange multiplier trick, I complete Anna Maidens's argument that the problem is not solved by prohibiting variation of absolute objects in an action principle. Recalling Anderson's proscription of "irrelevant" variables, I (...) generalize that proscription to locally irrelevant variables that do no work in some places in some models. This move vindicates Friedman's intuitions and removes the Jones-Geroch counterexample: some regions of some models of gravity with dust are dust-free and so naturally lack a timelike 4-velocity, so diffeomorphic equivalence to is spoiled. Torretti's example involving constant curvature spaces is shown to have an absolute object on Anderson's analysis, viz., the conformal spatial metric density. The previously neglected threat of an absolute object from an orthonormal tetrad used for coupling spinors to gravity appears resolvable by eliminating irrelevant fields. However, given Anderson's definition, GTR itself has an absolute object : a change of variables to a conformal metric density and a scalar density shows that the latter is absolute. (shrink)

James L. Anderson analyzed the novelty of Einstein's theory of gravity as its lack of "absolute objects." Michael Friedman's related work has been criticized by Roger Jones and Robert Geroch for implausibly admitting as absolute the timelike 4-velocity field of dust in cosmological models in Einstein's theory. Using the Rosen-Sorkin Lagrange multiplier trick, I complete Anna Maidens's argument that the problem is not solved by prohibiting variation of absolute objects in an action principle. Recalling Anderson's proscription of "irrelevant" variables, I (...) generalize that proscription to locally irrelevant variables that do no work in some places in some models. This move vindicates Friedman's intuitions and removes the Jones-Geroch counterexample: some regions of some models of gravity with dust are dust-free and so naturally lack a timelike 4-velocity, so diffeomorphic equivalence to is spoiled. Torretti's example involving constant curvature spaces is shown to have an absolute object on Anderson's analysis, viz., the conformal spatial metric density. The previously neglected threat of an absolute object from an orthonormal tetrad used for coupling spinors to gravity appears resolvable by eliminating irrelevant fields. However, given Anderson's definition, GTR itself has an absolute object : a change of variables to a conformal metric density and a scalar density shows that the latter is absolute. (shrink)