In this article the author revisits Carol Smart’s 1989 publication Feminism and the power of law. She engages with Smart’s main claims by way of a number of other thinkers. Following Marianne Constable’s description of contemporary American legal thought as socio-legal, the author tentatively considers if it could be argued that some strains in contemporary legal feminism that adopted a sociological method resulted in a similar absence of justice that concerns Constable. Smart’s caution against the development of a feminist jurisprudence (...) is critically analysed with the benefit of hindsight. Drawing on Deleuze and Guattari, Foucault and Goodrich, the author tentatively considers the becoming of a feminist jurisprudence as a minor jurisprudence.What we most lack is a belief in the world, we’ve quite lost the world, it’s been taken from us. Sociology takes social creation to be the whole of what is and will be. (shrink)

Philosophy typically ignores biographical, historical, and cultural aspects of theorists' lives in an attempt to take a supposedly abstract and objective view of their work. This book makes some new conclusions about Arendt’s theory by emphasizing how her experience of the world as displayed in her archival materials impacted her thought. Some aspects of Arendt’s life have been examined in detail before, including the fact she was stateless as well as her affair with Heidegger. Instead, this work explores different topics (...) including the biographical and narrative moments of Arendt's own work, the role of archiving in her thought, pivotal events that have not been archived, her understanding of her own identities, and how it affected the role of identity politics in her work. Typically, group action is underemphasized in Arendt scholarship in comparison to individual action and often identity politics questions are considered to lie within the realm of the private. Although Arendt’s theory is problematic when discussing issues concerning identity politics, she did think identity politics could be public and political and that effective political actions may occur within groups. What makes this project unique are the innovative conclusions made by moving the archival and biographical evidence to the center in order to understand her theory more accurately and within its historical and cultural context. (shrink)

Over the years, many scholars have focused on the hierarchical and overpowering influence of Martin Heidegger upon Hannah Arendt’s thought. This view follows the stereotype concerning philosophical influence in which an all-knowing teacher affects the thought of the student, particularly if the student is a woman. In this paper, I argue that the story of philosophical influence is more complicated. In this case, the biographical archive establishes how Karl Jaspers, Martin Heidegger, and Hannah Arendt mutually influenced one another throughout their (...) lives and careers. This evidence contests the typical view of philosophical influence which is hierarchical and often gendered and suggests a new model for understanding philosophical influences as dynamic and reciprocal. (shrink)

How does science create knowledge? Epistemic cultures, shaped by affinity, necessity, and historical coincidence, determine how we know what we know. In this book, Karin Knorr Cetina compares two of the most important and intriguing epistemic cultures of our day, those in high energy physics and molecular biology. The first ethnographic study to systematically compare two different scientific laboratory cultures, this book sharpens our focus on epistemic cultures as the basis of the knowledge society.

In feminist media studies, the growing body of research on media production has indicated that journalism remains divided along gender lines. The purpose of this study is to address the lack of relevant multi-method research on gender inequality in journalism. To assess the structural position of women in the journalistic workforce, the authors conducted a large-scale survey of journalists in Belgium. The survey results were explored in more depth by conducting qualitative interviews with 19 female journalists. The analysis confirms the (...) existence of all traditional barriers that women journalists experience. The added value of this study is that it enumerates several additional difficulties, and offers insight into the strategies that the respondents use to deal with gender-related career obstacles. These strategies were associated with the degree of flexibility in the newsroom for journalists with children, the choice to work part-time or freelance, and the use of new communication technologies. (shrink)

The purpose of this study was to determine the development of moral judgement in first-year and senior baccalaureate nursing students. These students were enrolled in three separate nursing programmes, each of which differed significantly in ethical content. The sample totalled 180 students enrolled in three New England programmes. Programme A included an ethics course taught by a professor of ethics. Programme B integrated ethical issues into all nursing theory courses. Programme C did not include ethical content in theory courses. The (...) design was of a developmental cross-sectional study. The dependent variable was the development of moral judgement, as measured by Rest’s Defining Issues Test. The independent variable was the amount of ethics taught in the nursing programmes and the level of academic education. The senior nursing students from programme A scored significantly higher than the other senior groups on the Defining Issues Test. The conclusion is that an ethics course with group participation and a decision-making element significantly facilitated nursing students’ development of moral judgement. (shrink)

Demographic differences among consumer groups have become increasingly important to the development of marketing strategies. Marketers depend heavily on the sales force to implement strategies at the consumer level and, not surprisingly, different groups may view the salesperson’s role differently. Unfortunately, unethical sales practices targeted at various consumer groups, and especially at seniors, have been utilized as well. The purpose of this study is to provide initial empirical evidence of the ethical ideological make-up of four age segments outlined by Strauss (...) and Howe (1991, Generations: The History of America’s Future 1584–2069, Morrow, New York) and to examine the propensity for these groups (seniors, in particular) to respond differentially to potentially unethical sales tactics. Data were collected from 179 respondents representing the four generational age groups. MANOVA revealed that the seniors in this study were distinct with respect to ethical ideology and less accepting of unethical sales tactics. Managerial implications are discussed for sales organizations to maximize their effectiveness across consumer groups. (shrink)

Rosemary Hennessy confronts some of the impasses in materialist feminist work on rethinking `woman' as a discursively constructed subject. She argues for a theory of discourse as ideology taking into account the work of Kristeva, Foucault and Laclau.

Pure time preference is a preference for something to come at one point in time rather than another merely because of when it occurs in time. In opposition to Sidgwick, Ramsey, Rawls, and Parfit we argue that it is not always irrational to be guided by pure time preferences. We argue that even if the mere difference of location in time is not a rational ground for a preference, time may nevertheless be a normatively neutral ground for a preference, and (...) this makes it plausible to claim that the preference is rationally permitted. (shrink)

Classical conceptual distinctions in philosophy of education assume an individualistic subjectivity and hide the learning that can take place in the space between child and adult. Grounded in two examples from experience I develop the argument that adults often put metaphorical sticks in their ears in their educational encounters with children. Hearers’ prejudices cause them to miss out on knowledge offered by the child, but not heard by the adult. This has to do with how adults view education, knowledge, as (...) much as child, and is even more extreme when child is also black. The idea is what Miranda Fricker calls ‘epistemic injustice’ which occurs when someone is wronged specifically in their capacity as a knower. Although her work concerns gender and race, I extrapolate her radical ideas to child. Awareness of the epistemic injustice that is done to children and my proposal for increased epistemic modesty and epistemic equality could help transform pedagogical spaces to include child subjects as educators. A way forward is suggested that involves ‘cracking’ the concept of child and a different non-individualised conception of education. (shrink)

We investigate how the perceived uncertainty of a conditional affects a person's choice of conclusion. We use a novel procedure to introduce uncertainty by manipulating the conditional probability of the consequent given the antecedent. In Experiment 1, we show first that subjects reduce their choice of valid conclusions when a conditional is followed by an additional premise that makes the major premise uncertain. In this we replicate Byrne. These subjects choose, instead, a qualified conclusion expressing uncertainty. If subjects are given (...) a third statement that qualifies the likelihood of the additional premise, then the uncertainty of the conclusions they choose is systematically related to the suggested uncertainty. Experiment 2 confirms these observations in problems that omit the additional premise and qualify the first premise directly. Experiment 3 shows that the qualifying statement also affects the perceived probability of the consequent given the antecedent of the conditional. Experiment 4 investigates the effect of suggested uncertainty on the fallacies and shows that increases in uncertainty reduce the number of certain conclusions that are chosen while affirming the consequent but have no effect on denying the antecedent. We discuss our results in terms of rule theories and mental models and conclude that the latter give the most natural account of our results. (shrink)

1. IntroductionA paternalistic act is one in which the protection or promotion of a subject's welfare is the primary reason for attempted or successful coercive interference with an action or state of that person. My aim in this paper is to determine the conditions under which such acts are Justified. The route I take is through the concept of consent, with actual consent providing the foundation for a rather complex condition which I claim is necessary and sufficient for the Justification (...) of paternalism.Because a paternalistic act apparently violates a subject's right to non-interference, it constitutes a problem in the general area of rights. Ideally, then, one should have a developed and convincing theory of rights — that is, a theory which contains an analysis of the concept of a right, and offers solutions to the central problems, e.g. who has rights and why, what considerations override prima facie rights, and how the relative importance of prima facie rights is determined — from which the solutions to various problems about paternalism can be derived. (shrink)

The question of how to respond to the deep political divides in the United States today has resulted in the emergence of two camps. On one side are those who argue that the cultivation of civic virtues like civility will lead to more respectful interpersonal relationships through which consensus and mutual understanding can be built. On the other are those who argue that our commitment to justice is primary and may require uncivil behavior to disrupt and change unjust structural relationships. (...) In Healthy Conflict in Contemporary American Society, Jason Springs helps to bridge the divide between these two positions. Because he takes a relational approach that centers both interpersonal and structural relationships, Springs makes both mutual respect and just structures central to his conception of healthy conflict. Taking relationality seriously thus helps to overcome this impasse, but it also raises significant questions about the impact of asymmetrical relationships on citizens’ responsibilities to engage in healthy conflict. (shrink)

ABSTRACTBusiness actors often act in ways that may harm other parties. While the law aims to restrict harmful behavior and to provide remedies, legal systems do not anticipate all contingencies and legal regulations are not always well-enforced. This article argues that the logic of double effect, which has been developed and deployed in other areas of practical ethics, can be useful in helping business actors decide whether or not to pursue potentially harmful activities in commonplace business activity. The article illustrates (...) how LDE helps to explain the exploitative nature of payday lending, the distinction between permissible and impermissible forms of market competition, and the potential wrong of imposing risk of harm on others. The article also addresses foundational debates about LDE itself. We offer the article as an illustration of the sort of “midlevel” theorizing that can address directly the needs of practitioners. (shrink)

This paper examines what managers ought to do when confronted with apparent moral conflicts between their managerial responsibilities and the general requirements of morality, specifically when those conflicts are driven by the institutional environment. I examine Google’s decision to enter the Chinese search engine market as an example of such a conflict. I consider the view that Google’s managers engaged in justifiable moral compromise in making the choice to engage in self-censorship and show how this view depends on the idea (...) of genuine moral dilemmas or irresolvable moral conflicts. I argue that there are serious reasons to doubt the existence of genuine moral dilemmas both in the abstract, as well as in the context of managerial responsibility. I propose an alternative account for what Google’s managers ought to do, as well as others who face relevantly similar situations. The account contains two conditions for permissibly contributing to another party’s failure to live up to their moral responsibilities. The first condition is that the manager must intend and act in such a way as to minimize the firm’s complicity in the other entity or actor’s failure, which in most cases will imply a duty for the manager to take actions that aim towards changing the institutional context. Under the second condition, managers ought to communicate to the firm’s constituents that they take seriously the importance of the interests at stake. (shrink)

Elite athletes, coaches and high-performance staff are exposed to a range of stressors that have been shown to increase their susceptibility to experiencing mental ill-health. Despite this, athletes may be less inclined than the general population to seek support for their mental health due to stigma, perceptions of limited psychological safety within sport to disclose mental health difficulties and/or fears of help-seeking signifying weakness in the context of high performance sport. Guidance on the best ways to promote mental health within (...) sporting environments is increasing, though current frameworks and position statements require greater focus on a whole of system approach, in which the needs of athlete, coaches and high-performance staff are considered within the context of the broader ecological system in which they operate and perform. This paper synthesizes existing research, reviewed for translatability by mental health professionals working in elite sport, to provide an evidence-informed framework with real world utility to promote mentally healthy environments for all stakeholders in elite sporting organizations, from athletes through to administrators. Recommendations are provided to positively impact the mental wellbeing of athletes and support staff, which may in turn influence athletic performance. This framework is intended to provide sporting organizations with evidence-informed or best practice principles on which they can develop or progress their policies to support mental health promotion and prevent the onset of mental health difficulties. It is intended that the framework can be adapted or tailored by elite sporting organizations based upon their unique cultural, contextual and resourcing circumstances. (shrink)

Canada’s Truth and Reconciliation Commission (TRC) is tasked with facing the hundred-year history of Indian Residential Schools. The South African Truth and Reconciliation Commission is frequently invoked in relation to the Canadian TRC, perhaps because this is one of the few TRCs worldwide that Canadians know. Whilst the South African TRC is mainly applauded as an international success, I argue that loose analogizing is often more emotive than concise. Whilst much indeed can be drawn from the South African experience, it (...) is important to specify the Canada–South Africa analogy. In this article, I do so by focussing on the institutional approach to truth and how this relates to issues of settler/White denial. The South African experience teaches that narrow approaches to truth collude with superficial views of reconciliation that deny continuities of violence. Consequently, I argue that Indigenous–settler reconciliation requires a broad truth that locates residential schools on a continuum of violence, linking extraordinary abuses with structural injustices and historic colonization with lived relationships. (shrink)

Philosophy with children (P4C) 1 presents significant positive challenges for educators. Its 'community of enquiry' pedagogy assumes not only an epistemological shift in the role of the educator, but also a different ontology of 'child' and balance of power between educator and learner. After a brief historical sketch and an outline of the diversity among P4C practitioners, epistemological uncertainty in teaching P4C is crystallised in a succinct overview of theoretical and practical tensions that are a direct result of the implementation (...) of P4C in mainstream education. These recurring pedagogical tensions in my practice as P4C teacher, teacher educator and mentor of teacher educators cause disequilibrium that opens up rich opportunities for philosophy of education in supporting novice P4Cers. Disequilibrium is a positive force that opens up a space in which educators need to reflect upon their values, their beliefs about learning and teaching, and ultimately encourages educators to rethink their own role. Plato's metaphor of the stingray highlights the role of the P4C teacher educator as model of the P4C teacher in any setting: 'to numb and to be numbed'. The P4C community and its institutions need to address the questions arising from these pedagogical tensions; and this needs to be done with integrity, that is, in communities of enquiry that include children. If not, in the long term, a more instrumental version of P4C may prevail. (shrink)

Recently, Weisbecker and Goswami presented the first comprehensive comparative analysis of brain size, metabolic rate, and development periods in marsupial mammals. In this paper, a strictly energetic perspective is applied to identify general mammalian correlates of brain size evolution. In both marsupials and placentals, the duration or intensity of maternal investment is a key correlate of relative brain size, but here I show that allomaternal energy subsidies may also play a role. In marsupials, an energetic constraint on brain size in (...) adults is only revealed if we consider both metabolic and reproductive rates simultaneously, because a strong trade‐off between encephalization and offspring production masks the positive correlation between basal metabolic rate and brain size in a bivariate comparison. In conclusion, starting from an energetic perspective is warranted to elucidate relations between ecology, social systems, life history, and brain size in all mammals. (shrink)

This article offers an account of settler witnessing of residential school survivor testimony that avoids the politics of recognition and the pitfalls of colonial empathy. It knits together the concepts of bearing witness, Indigenous storytelling, and affective reckoning. Following the work of Kelly Oliver, it argues that witnessing involves a reaching beyond ourselves and responsiveness to the agency and self-determination of the other. Given the cultural genocide of residential schools, responsiveness to the other require openness to and nurturing of Indigenous (...) ways of knowing and being. In order to illustrate the complexities and challenges of settler witnessing, the author reflects on her experiences in attending six of the TRC’s national events and, in particular, what she has learned from Frederick “Fredda” Paul, Passamaquoddy Elder, healer, storyteller, and residential school survivor. The article analyzes aesthetics and emotions in the staging of TRC events and making meaning over time and the temporality of transitional justice. (shrink)

Feminist critiques of intention challenge some aspects of traditional just war reasoning, including the criteria of right intention and discrimination. I take note of these challenges and propose some directions just war reasoners might take in response. First, right intention can be evaluated more accurately by judging what actors in war actually do than by attempting to uncover inward dispositions. Assessing whether agents in war have taken due care to minimize foreseeable collateral damage, avoided intentional targeting of noncombatants, corrected previous (...) mistakes in their later actions, and taken responsibility to repair unintended damage they cause are examples of ways in which just war reasoners can evaluate intention by looking at actions. (shrink)

The Posthuman Child combats institutionalised ageist practices in primary, early childhood and teacher education. Grounded in a critical posthumanist perspective on the purpose of education, it provides a genealogy of psychology, sociology and philosophy of childhood in which dominant figurations of child and childhood are exposed as positioning child as epistemically and ontologically inferior. Entangled throughout this book are practical and theorised examples of philosophical work with student teachers, teachers, other practitioners and children (aged 3-11) from South Africa and Britain. (...) These engage arguments about how children are routinely marginalised, discriminated against and denied, especially when the child is also female, black, lives in poverty and whose home language is not English. The book makes a distinctive contribution to the decolonisation of childhood discourses. Underpinned by good quality picturebooks and other striking images, the book's radical proposal for transformation is to reconfigure the child as rich, resourceful and resilient through relationships with (non) human others, and explores the implications for literary and literacy education, teacher education, curriculum construction, implementation and assessment. It is essential reading for all who research, work and live with children. (shrink)

This paper concludes a special feature of Sustainability Science that explores a broad range of social value theoretical traditions, such as religious studies, social psychology, indigenous knowledge, economics, sociology, and philosophy. We introduce a novel transdisciplinary conceptual framework that revolves around concepts of 'lenses' and 'tensions' to help navigate value diversity. First, we consider the notion of lenses: perspectives on value and valuation along diverse dimensions that describe what values focus on, how their sociality is envisioned, and what epistemic and (...) procedural assumptions are made. We characterise fourteen of such dimensions. This provides a foundation for exploration of seven areas of tension, between: (1) the values of individuals vs collectives; (2) values as discrete and held vs embedded and constructed; (3) value as static or changeable; (4) valuation as descriptive vs normative and transformative; (5) social vs relational values; (6) different rationalities and their relation to value integration; (7) degrees of acknowledgment of the role of power in navigating value conflicts. In doing so, we embrace the 'mess' of diversity, yet also provide a framework to organise this mess and support and encourage active transdisciplinary collaboration. We identify key research areas where such collaborations can be harnessed for sustainability transformation. Here it is crucial to understand how certain social value lenses are privileged over others and build capacity in decision-making for understanding and drawing on multiple value, epistemic and procedural lenses. (shrink)

Understanding between care providers and patients with stroke and aphasia: a phenomenological hermeneutic inquiry The present study illuminates the understanding in communication between formal care providers and patients with stroke and aphasia. Five care providers and three such patients participated in the study. Video recordings were made during conversations about pictures (n = 15), and the care providers were also interviewed (n = 15) after the video‐recorded conversations. A phenomenological hermeneutic method of interpretation of the interview text was used. The (...) findings showed that a range of conditions for ‘understanding and being understood’ in the communication on the part of the care providers exists. These different conditions are: lacking both knowledge and understanding; having knowledge but not necessarily accompanied by understanding; and being in understanding. Within the condition ‘being in understanding’, the care providers create a feeling of at‐homeness in a relaxed atmosphere and thus have the opportunity to be in ‘understanding and being understood’ together with the patient. The condition ‘being in understanding’ appears in connection with the care providers’ creating of a ‘calm liturgy of caring’ by mediating humility and calm vitality affects to the patients, and further, when needed, being present on the level of mystery, i.e. caring communion. (shrink)

Recent years have seen the advent of two feminist judgment-writing projects, the Women’s Court of Canada, and the Feminist Judgments Project in England. This article analyses these projects in light of Carol Smart’s feminist critique of law and legal reform and her proposed feminist strategies in Feminism and the Power of Law (1989). At the same time, it reflects on Smart’s arguments 20 years after their first publication and considers the extent to which feminist judgment-writing projects may reinforce or trouble (...) her conclusions. It argues that both of these results are discernible—that while some of Smart’s contentions have proved to be unsustainable, others remain salient and have both inspired and hold important cautions for feminist judgment-writing projects. (shrink)

The roles of women and of feminine identity have been historically and traditionally constructed around motherhood. However, recent years have seen a growing trend among women to remain childless/ childfree. Drawing on interviews with 25 voluntarily childless women, this article considers the extent to which this trend results from the appeal or pull of the perceived advantages of a childfree lifestyle as well as the ways childfree women might represent a more fundamental and radical rejection of motherhood and the activities (...) associated with it. The article concludes by considering how to recast understandings of feminine identity away from a mother-centered focus. (shrink)

Relational, selfless, caring, polite, nice, and kind are not how we imagine a woman giving birth in U.S. culture. Rather, we picture her as screaming, yelling, self-centered, and demanding drugs or occasionally as numbed and passive from pain-killing medication. Using in-depth interviews with women about their labor and childbirth, the author presents data to suggest that white, middle-class, heterosexual women often worry about being nice, polite, kind, and selfless in their interactions during labor and childbirth. This finding is important not (...) only because it contradicts the dominant cultural image of the birthing woman but because it reveals that an internalized sense of gender plays a role in disciplining women and their bodies during childbirth. The feminist sociological literatures on birth are concerned with how women and their bodies are controlled, yet they have overlooked this other dimension of control that is not institutional but is a product of how gender is internalized. (shrink)

Drawing on resources from pragmatist thought allows religious ethicists to take account of the central role traditions play in the formation and development of moral concepts without thereby espousing moral relativism or becoming traditionalists. After giving an account of this understanding of the concept of tradition, I examine the ways in which understandings of tradition play out in two contemporary examples of tradition-based ethics: works in comparative ethics of war by James Turner Johnson and John Kelsay. I argue that a (...) pragmatist approach to tradition-based ethics allows for a nuanced and flexible understanding of moral traditions, and one that holds great promise for international consensus-building around shared ethical norms for the use of armed force. (shrink)

This empirical study advances the understanding of the theory of investment in human capital by outlining limitations to its applicability in the context of return to education. The study uses the concept of moral hazard to examine circumstances when financial support for education purpose generates less desirable post-graduation incomes. This study explores the relationship between financial support and post-graduation incomes using data from the Survey of Income and Program Participation that is designed to measure the economic situation of individuals. Results (...) suggest that students are less likely to engage in moral hazardous behavior to the degree to which they are older and to the degree to which they receive costlier financial assistance. (shrink)

This radical, profoundly scholarly book explores the purposes and nature of proof in a range of historical settings. It overturns the view that the first mathematical proofs were in Greek geometry and rested on the logical insights of Aristotle by showing how much of that view is an artefact of nineteenth-century historical scholarship. It documents the existence of proofs in ancient mathematical writings about numbers and shows that practitioners of mathematics in Mesopotamian, Chinese and Indian cultures knew how to prove (...) the correctness of algorithms, which are much more prominent outside the limited range of surviving classical Greek texts that historians have taken as the paradigm of ancient mathematics. It opens the way to providing the first comprehensive, textually based history of proof. (shrink)

At no time in the past century have there been fiercer battles over our public schools than there are now. Parents and educational reformers are challenging not only the mission, content, and structure of mass compulsory schooling but also its underlying premise—that the values promoted through public education are neutral and therefore acceptable to any reasonable person. In this important book, Rosemary Salomone sets aside the ideological and inflammatory rhetoric that surrounds today’s debates over educational values and family choice. She (...) offers instead a fair-minded examination of education for democratic citizenship in a society that values freedom of conscience and religious pluralism. And she proposes a balanced course of action that redefines but does not sever the relationship between education and the state. Salomone demonstrates how contemporary conflicts are the product of past educational and social movements. She lays bare some of the myths that support the current government monopoly over education and reveals how it privileges those of economic means. Through a detailed case study of recent controversy in a suburban New York school district, the author explores the legal and policy issues that arise when widely disparate world views stand in the way of political compromise on educational materials, techniques, and programs. Salomone builds a case for educational governance that places the developmental needs of the child at the center of family autonomy. She advances a plan that respects diverse values and visions of schooling while preserving the core commitments that bind our nation. (shrink)

One theme of this special issue is an incitement to reconsider the relationship between pragmatism and critical realism. While their advocates sometimes come into conflict, there are also clearly b...