While the common law may result in justice between heterosexual intimate partners in particular claims for a beneficial interest in the family home, it does so on its own terms—terms drawn up according to contractarian principles reflecting male sex-right, that subsist even as the world and the institution of marriage (and marriage-like relationships) have changed. This paper uses examples from the case law across four common law jurisdictions to expose the terms on which the contractarian nature of intimate partner trusts (...) permits claims for a distribution of intimate partners’ property, and how it excludes. In particular, it identifies the pervasiveness of the sexual contract in subsuming women’s expression of individualism to those of her intimate partner, and the implications of this for the derivation of a property interest in the family home. (shrink)

Legal, medical, and public health professionals have been complicit in creating and maintaining systems that drive health inequities. To ameliorate this, current and future leaders in law, medicine, and public health must learn about racism and its impact along the life course trajectory and how to engage in antiracist practice and health equity work.

I here present two different models of oppressive speech. My interest is not in how speech can cause oppression, but in how speech can actually be an act of oppression. As we shall see, a particular type of speech act, the exercitive, enacts permissibility facts. Since oppressive speech enacts permissibility facts that oppress, speech must be exercitive in order for it to be an act of oppression. In what follows, I distinguish between two sorts of exercitive speech acts (the standard (...) exercitive and the covert exercitive) and I argue that each such exercitive affords a distinct model of oppressive speech. (shrink)

This essay details the resurgence of wellness program as employed by large corporations with the aim of reducing healthcare costs. The essay narrows in on a discussion of how Big Data collection practices are being utilized in wellness programs and the potential negative impact on the worker in regards to privacy and employment discrimination. The essay offers an ethical framework to be adopted by wellness program vendors in order to conduct wellness programs that would achieve cost-saving goals without undue burdens (...) on the worker. The essay also offers some innovative approaches to wellness that may well better serve the goals of healthcare cost reduction. (shrink)

In this paper, I present a new (i.e., previously overlooked) breed of exercitive speech act (the conversational exercitive). I establish that any conversational contribution that invokes a rule of accommodation changes the bounds of conversational permissibility and is therefore an (indirect) exercitive speech act. Such utterances enact permissibility facts without expressing the content of such facts, without the speaker intending to be enacting such facts and without the hearer recognizing that it is so. Because of the peculiar nature ofthe rules (...) of accommodation that generate them, conversational exercitives have importantly different felicity conditions and therefore constitute a new breed ofexercitive speech act. (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)

Hegel's Philosophy of Right was his last systematic work and the most complete statement of his mature views on ethical and political philosophy. It explores the relationships between three distinct conceptions of human freedom: persons as possessing contract rights, subjects as reflective moral agents, and individuals as members of an ethical community. It strongly influenced the early Marx and with the rise of debates over liberalism and communitarianism in the latter half of the twentieth century. In this volume an outstanding (...) line up of contributors examine the nature and impact of Hegel's Philosophy of Right. A diverse array of topics is examined, ranging from Hegel's account of rights, freedom, the state and history to some hitherto relatively overlooked topics such as Hegel and Luther, art and nationality and Hegel and the market. Hegel's Philosophy of Right: Critical Perspectives on Freedom and History will be valuable reading for scholars of Hegel, nineteenth-century German philosophy, political philosophy and history of political thought. (shrink)

This paper argues that an addressee's failure to recognize a speaker's authority can constitutes another form of silencing.

Catharine MacKinnon claims that pornography silences women in a way that violates the right to free speech. This claim is, of course, controversial, but if it is correct, then the very free speech reasons for protecting pornography appear also to afford reason to restrict it. For this reason, it has gained considerable attention. The philosophical literature thus far focuses on a type of silencing identified and analyzed by Jennifer Hornsby and Rae Langton (H&L). This article identifies, analyzes, and argues for (...) the importance of a different type of silencing. As we shall see, there are compelling reasons in favor of regarding H&L silencing as a free speech violation and, as I argue here, the same can be said for sincerity silencing. Although additional work needs to be done to show that either one actually is a free speech violation, I demonstrate here that both types of silencing equally warrant this further attention. Moreover, I show that sincerity silencing is a fairly widespread phenomenon; so, therefore, is the harm it constitutes. As a result of these considerations, then, we can safely conclude that sincerity silencing also requires our attention. (shrink)

This paper argues that racist speech in public places ought to be regulable even with teh strict free speech protections of the First Amendment. McGowan argues that the same justification for regulating the hanging of a 'Whites Only' sign applies to racist utterances in public spaces.

In a recent article in this journal, Nellie Wieland argues that silencing in the sense put forward by Rae Langton and Jennifer Hornsby has the unpalatable consequence of diminishing a rapist's responsibility for the rape. We argue both that Wieland misidentifies Langton and Hornsby's conception of silencing, and that neither Langton and Hornsby's actual conception, nor the one that Wieland attributes to them, in fact generates this consequence.

Webber, Ruth; Jones, Kate This paper is about how three Catholic agencies carved out and adapted over time a role for themselves in assisting in the recovery after the Victorian bushfires of 2009. It tracks the process from the time the Archbishop of Melbourne commissioned Catholic Social Services Victoria to survey the bushfire affected areas and work out where there were gaps in services that the Catholic agencies could fill. A significant amount of funding was allocated to the provision (...) of services by Catholic agencies for a period of up to three years in the bushfire affected regions. This was seen as a Catholic response to an extraordinary natural disaster. This was organisationally difficult because there are in excess of sixty Catholic welfare services in Victoria and it was necessary to determine who would be best able to meet the gaps and deliver appropriate services.1 It was clear that the aim was not to replicate or compete with existing services, it was to meet real needs and to do this in a cooperative and collegial way with existing players. (shrink)

In this paper, we argue that to properly understand our commitment to a principle of free speech, we must pay attention to what should count as speech for the purposes of such a principle. We defend the view that ‘speech’ here should be a technical term, with something other than its ordinary sense. We then offer a partial characterization of this technical sense. We contrast our view with some influential views about free speech , and show that our view has (...) distinct advantages. Finally, we consider racist hate speech. Here, we argue that if certain theorists are right about what some racist hate speech does, then such speech should fall outside the scope of the free speech principle, and so, should be as regulable as any non-speech action. (shrink)

The article engages with some of the main claims in chapter 1 of Seana Shiffrin’s book Speech Matters. There, Shiffrin sets out a case for a general moral prohibition on lying, based on the conditions required for reliable speech, and circumscribes the permissible falsehoods that could be uttered to would-be moral criminals, such as Kant’s familiar murderer at the door. I raise a few questions about the case for the general moral prohibition on lying and about Shiffrin’s basis for distinguishing (...) between the sorts of lies that, on her view, one is and is not permitted to tell would-be moral criminals so as to avert harm. (shrink)

This study explores professional footballers’ perceptions of where banter crosses the conceptual line into bullying. The study’s focus is of importance, given the impact that abusive behaviors have been found to have on the welfare and safeguarding of English professional footballers. A phenomenological approach was adopted, which focused on the essence of the participants’ perceptions and experiences. Guided by Interpretative Phenomenological Analysis, individual semi-structured interviews were conducted with 18 male professional footballers from three Premier League and Championship football clubs. The (...) findings from this study revealed several key superordinate themes in relation to the dividing line between bullying and banter. These themes included “perception,” “intentionality,” “detecting the line,” and “having a bit of banter.” The findings demonstrate how perceptions of bullying and banter are nuanced by individual differences among the players and the culture of the professional football context. Specifically, it was found that the professional football context can legitimize forms of humor blurring the lines between bullying and banter, challenging the typically positive view of the concept of banter in this environment. From an applied perspective, these findings highlight the need for coaches, players, and football clubs more broadly to address cultural expectations around banter in their environment, while educating individuals around their own perceptions of bullying and banter. (shrink)

In the life of any species, extinction is the final evolutionary process. It is a common one at present, as the world is entering a major extinction crisis. The pattern of extinction and threat is very non-random, with some taxa being more vulnerable than others. Explaining why some taxa are affected and some escape is a major goal of conservation biology. More ambitiously, a predictive model could, in principle, be built by integrating comparable studies of past and present extinctions. We (...) review progress towards both explanatory and predictive frameworks, comparing correlates of extinction in different groups at different times. Progress towards explanatory models for the current crisis is promising, at least in some well-studied taxa, but the development of a truly predictive model is hampered by the formidable difficulties of integrating studies of present and past extinctions. BioEssays 22:1123–1133, 2000. © 2000 John Wiley & Sons, Inc. (shrink)

Kate A. Manne is an associate professor at the Sage School of Philosophy at Cornell University, where she has been teaching since 2013. Before that, she was a junior fellow at the Harvard Society of Fellows, did her graduate work at MIT, and was an undergraduate at the University of Melbourne, where she studied philosophy, logic, and computer science. Her current research is primarily in moral, feminist, and social philosophy. She is the author of two books, including her first (...) book Down Girl: The Logic of Misogyny and her latest book Entitled: How Male Privilege Hurts Women. Manne has also published a number of scholarly papers about the foundations of morality, and she regularly writes opinion pieces, essays, and reviews in venues—including The New York Times, The Boston Review, the Huffington Post, and the Chronicle of Higher Education. (shrink)

This study examines the relationship between teachers' beliefs and their practices at Key Stage 2 (ages 7-11) in relation to the use of questioning. Data were collected from interviewing and observing Key Stage 2 teachers at four schools in the West of England. A Straussian approach to grounded theory is followed broadly in order to analyse the data. In contrast to the findings of previous studies, which suggested a mismatch between teachers' beliefs and practices in that teachers, in certain respects, (...) do less than they claim, the research revealed that teachers use a variety of skills during their teaching that they may not always be aware of. It is also argued that teachers do not share researchers' language to express the way they teach. (shrink)

Snake venoms are recognized here as a grossly under‐explored resource in pharmacological prospecting. Discoveries in snake systematics demonstrate that former taxonomic bias in research has led to the neglect of thousands of species of potential medical use. Recent discoveries reveal an unexpectedly vast degree of variation in venom composition among snakes, from different species down to litter mates. The molecular mechanisms underlying this diversity are only beginning to be understood. However, the enormous potential that this resource represents for pharmacological prospecting (...) is clear. New high‐throughput screening systems offer greatly increased speed and efficiency in identifying and extracting therapeutically useful molecules. At the same time a global biodiversity crisis is threatening the very snake populations on which hopes for new venom‐derived medications depend. Biomedical researchers, pharmacologists, clinicians, herpetologists, and conservation biologists must combine their efforts if the full potential of snake venom‐derived medications is to be realized. (shrink)

Vaesen asks whether goal maintenance and planning ahead are critical for innovative tool use. We suggest that these aptitudes may have an evolutionary foundation in motor planning abilities that span all primate species. Anticipatory effects evidenced in the reaching behaviors of lemurs, tamarins, and rhesus monkeys similarly bear on the evolutionary origins of foresight as it pertains to tool use.

Changes in government policy over the last two decades have seen the traditional goals of criminal justice, namely prosecution and punishment, being replaced by an emphasis on prevention, fear reduction, security and harm reduction. During this time domestic abuse has gained a place on the political agenda, which has resulted in legislative initiatives in the form of civil protection orders across the U.K. which primarily focus on prevention but have also more recently begun to rely on the traditional criminal justice (...) responses should they fail to prevent further abuse. Drawing on international evaluations and a recent study conducted in Scotland (the Scottish study), the article examines whether legislation in the form of civil protection orders has the effect of curtailing the actions of abusers and if not, what occurs when the traditional criminal justice response comes into play. The strengths of civil protection orders and some explanations for the weaknesses of these orders are considered alongside the question of whether there is any value in women continuing to engage with the law in response to domestic abuse. (shrink)

A textbook anthology of important works of political thought revealing the development of ideas from the 12th to the 15th centuries. It includes new translations of both well-known and ignored writers, and an introductory overview.

Are normative reasons based in our desires, or are they instead grounded in our rational faculties? A familiar way of approaching this question focuses on the fact that individuals are often motivated by very different concerns. Our desires seem to provide us with operative or motivating reasons that are not shared by others, and the question is whether desires can also provide us with different good or normative reasons. Reasons internalism is the view that an agent’s normative reasons for action (...) must be within the reach of his or her interest and understanding. Many contemporary followers of Hume as well as Kant endorse this view, but their versions of internalism differ in one key respect. The Humean view is that reasons are relative to the particular motivations of individuals and thus not universally shared. In contrast, the Kantian view is that being fully rational involves converging on reasons that all agents share as such. But what is common to both of these versions of reasons internalism is a focus on the relative powers of the faculties of reason and desire. Hegel, however, introduces an interesting and distinctive way of approaching the question of the source or grounding of normative reasons. Instead of focusing exclusively on the relative powers of inner faculties, Hegel proposes that what we have reasons to do depends largely upon how we understand ourselves within an actual social space. We will consider three different versions of this claim, the most plausible of which sheds new light on reasons internalism. We need not think that there are only two possibilities: either reasons are universal or they are relative to subjective motivations. Instead, what distinguishes a Hegelian approach is the contention that what counts as normative depends in part upon fundamental self-conceptions that we share as participants in a complex social world. (shrink)

SummaryThis article surveys recent scholarship on the early history of British geology. It finds that many of the developments called for a decade ago by Dr Eyles and Dr Rappaport have not yet been realized. However, there has been progress in the broader understanding of geological ideas in their historical context, and a start has been made on the social history of the science. Some suggestions are offered as to a field of problems for the future, and a selective bibliography (...) of secondary materials, thematically arranged, is appended. (shrink)

It is widely recognized that Goodman's grue example demonstrates that the rules for induction, unlike those for deduction, cannot be purely syntactic. Ways in which Goodman's proof generalizes, however, are not widely recognized. Gruesome considerations demonstrate that neither theories of simplicity nor theories of empirical confirmation can be purely syntactic. Moreover, the grue paradox can be seen as an instance of a much more general phenomenon. All empirical investigations require semantic constraints, since purely structural constraints are inadequate. Both Russell's theory (...) of empirical knowledge and Putnam's model-theoretic argument against metaphysical realism illustrate the inadequacy of purely structural constraints. (shrink)

This article seeks to document the latest danger in the opioid crisis: fentanyl and related synthetic opioids. Fifty times more potent than pure heroin, cheaper to manufacture in laboratories worldwide, and easily distributed by mail and couriers, fentanyl is flooding the illicit opioid markets throughout the country.

This article examines how federal law enforcement has responded to the opioid epidemic nationally and in a variety of locales. We focus in depth on two initiatives, including prosecution in opioid-death cases, undertaken by the U.S. Attorney's Office in Connecticut.

This paper clarifies the legal right to free speech, identifies ways that speech can be harmful, and discusses pornography hate speech, and lies. It is also written for a non-technical audience.

For much of his adult life, Nietzsche wrote notes on philosophical subjects in small notebooks that he carried around with him. After his breakdown and subsequent death, his sister supervised the publication of some of these notes under the title The Will to Power, and that collection, which is textually inaccurate and substantively misleading, has dominated the English-speaking discussion of Nietzsche's later thought. The present volume offers, for the first time, accurate translations of a selection of writings from Nietzsche's late (...) notebooks, dating from his last productive years between 1885 and 1889. Many of them have never before been published in English. They are translated by Kate Sturge from reliable texts in the Colli-Montinari edition, and they are edited by Rüdiger Bittner, whose introduction places them in the context of Nietzsche's philosophy as a whole. (shrink)

For much of his adult life, Nietzsche wrote notes on philosophical subjects in small notebooks that he carried around with him. After his breakdown and subsequent death, his sister supervised the publication of some of these notes under the title The Will to Power, and that collection, which is textually inaccurate and substantively misleading, has dominated the English-speaking discussion of Nietzsche's later thought. The present volume offers, for the first time, accurate translations of a selection of writings from Nietzsche's late (...) notebooks, dating from his last productive years between 1885 and 1889. Many of them have never before been published in English. They are translated by Kate Sturge from reliable texts in the Colli-Montinari edition, and they are edited by Rüdiger Bittner, whose introduction places them in the context of Nietzsche's philosophy as a whole. (shrink)

Suppose a diner says, 'Can you pass the salt?' Although her utterance is literally a question (about the physical abilities of the addressee), most would take it as a request (that the addressee pass the salt). In such a case, the request is performed indirectly by way of directly asking a question. Accordingly this utterance is known as an indirect speech act. On the standard account of such speech acts, a single utterance constitutes two distinct speech acts. On this account (...) then, 'Can you pass the salt?' is both a question and a request. In a provocative essay, Rod Bertolet argues that there are no indirect speech acts. According to Bertolet, 'Can you pass the salt?' is only a question. It is a question that merely functions as a request (without also being one). In this paper we respond to Bertolet's skeptical argument. Appealing to Searle's theory of speech acts and to certain features of linguistic communication, we argue that, despite Bertolet's challenge, there is good reason to countenance indirect speech acts. (shrink)

Although researchers have investigated the impact of social isolation on well-being, the recent quarantines due to COVID-19 resulted in a social isolation environment that was unique to any examined in the past. Because sleep is one of the endogenous drives that impacts short and long-term health and well-being, it is important to consider how social isolation during the COVID-19 government-mandated quarantines affected sleep and sleep habits. A number of researchers have addressed this question during the last 2 years by examining (...) several concepts related to possible changes in sleep during the quarantines. To best understand these recent results, the current mini review provides a background on the pre-pandemic literature on the effects of social isolation and loneliness with a focus on sleep and then summarizes the recent literature on sleep and sleep habits. In general, sleep was negatively impacted for many people during the pandemics but not all. One group that seemed to benefit from the pandemic in terms of sleep patterns, were younger people who could more easily adapt their sleep times to match their internal chronobiology. Given the potential broad impact of sleep on health and well-being, better understanding how social isolation impacts sleep is an important consideration for individuals, work organizations, and governments. (shrink)