Discretion is a pervasive phenomenon in legal systems. It is of concern to lawyers because it can be a force for justice or injustice: at once a means of advancing the broad purposes of law and of subventing them. For social scientists the discretion exercised by legal actors is an important form of decision-making behaviour, in which legal rules are merely one force in a field of pressures and constraints that push towards certain courses of action or inaction. This book (...) presents a variety of analyses of legal discretion by lawyers and social scientists, who have made discretion and its uses a central part of their scholarly concerns. (shrink)

This book marks the retirement of Donald Harris as Director of the Socio-Legal Studies Institute, Oxford University. Dr Harris was at the forefront of the move in legal scholarship from traditional black-letter approaches to one supplemented by a socio-legal perspective, making use of the insights of the social sciences. His success can be seen in this unique volume of original essays by some of the most distinguished scholars in this field, all of whom have connections with the Centre. The essays (...) range from an economic analysis of the law, the behaviour of lawyers in the business world, the property and financial consequences of divorce, to current tensions between judges and politicians. All are fused by their achievement in providing a succinct summary of the current state of research while making a considered assessment of future directions. (shrink)

Presenting the work of a highly innovative partnership between the University of Cambridge Faculty of Education and eight secondary schools, this book explores this networked learning community which has helped to define the use and production of educational knowledge and research within and between various partners. This book examines the central questions and gives examples of the outcomes of the development that will assist any researchers, especially teachers undertaking research, to develop school-university partnerships. Stories and examples from practitioners and others (...) who worked directly in and with schools are presented throughout the book. It will appeal to a wide audience of practitioners and academics, and to all who are interested in how research and enquiry can be used to support the development of practice in schools. (shrink)

In this article I explore various facets of Nozick’s famous thought experiment involving the experience machine. Nozick’s original target is hedonism—the view that the only intrinsic prudential value is pleasure. But the argument, if successful, undermines any experientialist theory, i.e. any theory that limits intrinsic prudential value to mental states. I first highlight problems arising from the way Nozick sets up the thought experiment. He asks us to imagine choosing whether or not to enter the machine and uses our choice (...) (or rather the choice he assumes most people will have) as evidence against experientialist theories. But for this strategy to succeed it must be possible to distinguish between self-interested and non-self-interested reasons for declining to enter the machine, and there is no obvious way to do this without begging the question against the hedonist. In successive sections I then (a) consider a common misconception of Nozick’s conclusion (that he thinks machine life is the worst life), (b) consider different intuitions about what is important to well-being but missing from machine life, and finally (c) explain what “the experience requirement” is, and describe its relationship to debates about experientialist theories. (shrink)

Recently, new life has been breathed into the ancient philosophical topic of skepticism. The subject of some of the best and most provocative work in contemporary philosophy, skepticism has been addressed not only by top epistemologists but also by several of the world's finest philosophers who are most known for their work in other areas of the discipline. Skepticism: A Contemporary Reader brings together the most important recent contributions to the discussion of skepticism. Covering major approaches to the skeptical problem, (...) it features essays by Anthony Brueckner, Keith DeRose, Fred Dretske, Graeme Forbes, Christopher Hill, David Lewis, Thomas Nagel, Robert Nozick, Hilary Putnam, Ernest Sosa, Gail Stine, Barry Stroud, Peter Unger, and Ted Warfield. The book opens with a thorough introduction that outlines the skeptical problem, explains the dominant responses to skepticism, and discusses the strengths, weaknesses, and unresolved issues of each response, providing undergraduate students and nonphilosophers with the background and context necessary to understand the essays. Skepticism: A Contemporary Reader serves as an ideal text for courses in epistemology and skepticism and will also appeal to professional philosophers and interested general readers. (shrink)

The literature of economic theory, like that of philosophy, abounds in prefaces and prolegomena. Methodology and analysis of concepts take an important place in a science which has not found the sure path of development. But there is no sure path for methodology either. The selfconscious methodology of social science has been largely a borrowing from that of physical science, where procedures have developed to a stage of considerable maturity. But the analogy falls down where guidance is most needed, at (...) the points where social science is most likely to develop new concepts and new types of structure. Philosophers have not been lacking, indeed, to belittle the entire enterprise, and to deny the possibility of anything that could strictly be called social science. (shrink)

Decision-Making Capacity First published Tue Jan 15, 2008; substantive revision Fri Aug 14, 2020 In many Western jurisdictions the law presumes that adult persons, and sometimes children that meet certain criteria, are capable of making their own medical decisions; for example, consenting to a particular medical treatment, or consenting to participate in a research trial. But what exactly does it mean to say that a subject has or lacks the requisite capacity to decide? This question has to do with what (...) is commonly called “decisional capacity”, a central concept in health care law and ethics, and increasingly an independent topic of philosophical inquiry. -/- Decisional capacity can be defined as the ability of subjects to make their own medical decisions. Somewhat similar questions of capacity arise in other contexts, such as capacity to stand trial in a court of law and the ability to make decisions that relate to personal care and finances. However, the history behind the more general legal notions of capacity to stand trial and capacity to manage one’s life is different and operates somewhat differently in law (Roth, Meisel, & Litz 1977; Zapf & Roesch 2005). For the purposes of this discussion the notion of decisional capacity will be limited to medical contexts only; most notably, those where decisions to consent or to refuse treatment or participation in clinical research are concerned. (shrink)

Boys, Boyz, Bois concerns questions of ethics, gender and race in popular American images, national discourse and cultural production by and about black men. The book proposes an ethics of masculinity, as ethnics refers to a system of morality and valuation and as ethics refers to a care of the self and ethical subject formation. The texts of analysis include recent films by black/African American filmmakers, gansta rap and hip-hop and black star persona: texts ranging from Blaxploitation and New Black (...) Cinema to contemporary music video to autobiography and the public image of Sidney Poitier. The book is a significant contribution to cultural studies and gender studies and critical race theory. What is distinctive about the book is the question of ethics as a question of race and gender. (shrink)

The eminent philosopher Keith Lehrer offers an original and distinctively personal view of central aspects of the human condition, such as reason, knowledge, wisdom, autonomy, love, consensus, and consciousness. He argues that what is uniquely human is our capacity for evaluating our own mental states (such as beliefs and desires), and suggests that we have a system for such evaluation which allows the resolution of personal and interpersonal conflict. The keystone in this system is self-trust, on which reason, knowledge, (...) and wisdom are grounded. (shrink)

There is a strong appetite in ‘the wild’ (i.e., beyond the academy) for public philosophy. There are myriad forums available, from magazines and online publications to podcasts and YouTube videos, for those who wish to engage in philosophy in a non-academic context. For academic philosophers, this has raised methodological and metaphilosophical questions like: ‘what is the best way to engage in public philosophy?’ and ‘what are our aims when we engage in public philosophy?’ But what do ‘the public’ want? If (...) public philosophy is philosophy written for a public audience, what is it, exactly, that it can or might do for them? Several answers have been proposed by philosophers, but less attention has been paid to how the public themselves might answer that question. The aim of this essay is to try and put together at least the beginning of an answer. In June 2022 we put out a survey in the hope of eliciting views from ‘the public’ on issues relating to the nature and aims of both philosophy (more generally) and public philosophy. In doing so, our aim was to take a ‘democratic’ approach to answering the question: What is public philosophy? (shrink)

This paper considers two conceptual expansions of Du Boisian double consciousness—white double consciousness (Alcoff 2015) and kaleidoscopic consciousness (Medina 2013)—both of which aim to articulate the moral-epistemic potential of cultivating double consciousness from racially dominant or other socially privileged positions. We analyze these concepts and challenge them on the grounds that they lack continuity with their Du Boisian predecessor and face problems of practical feasibility. As we show, these expansions obscure structural barriers that make white double consciousness and kaleidoscopic consciousness (...) unlikely antidotes to the kind of racial domination that double consciousness was introduced to illuminate. We conclude that while more intersectional and pluralistic accounts of double consciousness may be desirable, the project of expansion has moral limits. Identifying these limitations, we outline ways in which double consciousness—as a tool for conceptualizing the genealogy of structural anti-Blackness—remains valuable in the absence of ever-expanding revision. (shrink)

This is a collection of seventeen essays on learning, teaching, and the philosophy of education. A sequel to Hawkins's 'The Informed Vision' (1947), this new volume covers a wide range of topics, from generating the most basic student interest in the subject matter at hand to the specific challenges of teaching science and mathematics. In the title essay, Hawkins addresses widespread concerns over low literacy rates and the poor state of our educational system, questioning our limited understanding of (...) literacy as the ability to manipulate the printed word. Another essay explicates methods of inducing children toward certain types of learning, and then letting their spontaneous, natural urges toward self-education take over. In his concluding essay on human equality, Hawkins argues -- contrary to recent works such as Richard J Herrnstein and Charles Murray's 'The Bell Curve' -- that it is the relative poverty or wealth of our intellectual nurturing with respect to the cultural mainstream that accounts for differences in educational performance, no congenital inequalities. Moreover, he seeks to address exactly what sort of equivalence or equality -- preferably one that does not erase individual and cultural differences-we can and ought unqualifiedly to approve of and so seek to realise. Whatever the topic, Hawkins's essays draw upon a lifetime of teaching experience, illuminating the multiplicity of methods that should be used to educate our children. (shrink)

There are, broadly speaking, two kinds of knowledge—analytic and intuitive, explicit and tacit. Analytic knowledge is arrived at by logical deductive thinking, and is a sequential thought process in which each step can be explained and defended. Intuitive knowledge, in contrast, is frequently alogical or nonrational, and often involves nonconscious mental processes. Though intuitive ways of knowing are essential to both scientific research and scientific medicine, the culture of medicine celebrates only the analytic, evidentiary kind of knowledge, while eschewing intuition (...) as being “nonscientific.” The popularity and prevalence of what is known as evidence-based medicine reflects this bias in favor of the analytic and the explicit. Though the evidence-based approach has contributed greatly to standardizing medical care, favoring treatments for which there is evidence of effectiveness, it has limitations. An overreliance on evidence-based medicine is problematic, because this approach leaves out important factors in the actual practice of clinical medicine such as diagnosis, nonverbal cures provided by patients, and the way the doctor–patient relationship bears on patient management and compliance, and because it is not appropriate for dealing with medical conditions that do not lend themselves to study by controlled clinical trials. (shrink)

This book is available either individually, or as part of the specially-priced Arguments of the Philosphers Collection.

This paper brings together two positions that for the most part have been developed and defended independently of one another: contextualism about knowledge attributions and the knowledge account of assertion.

There is an enduring and widespread perception amongst policy makers and practitioners that certain groups of children, in particular those who find learning difficult, have a detrimental effect on the achievement of other children. Challenging this basic assumption, this award-winning book argues that high levels of inclusion can be entirely compatible with high levels of achievement and that combining the two is not only possible but essential if all children are to have the opportunity to participate fully in education. This (...) fully revised second edition is packed with vivid case studies that explore the benefits and tensions for children and schools, and sets out to answer the following questions: What is the nature of the relationship between the inclusion of some children and the achievement of all? Are there strategies which can raise the achievement of all children, whilst safeguarding the inclusion of others who are more vulnerable? What changes can a school make to ensure high levels of inclusion as well as high levels of achievement for all its children? Achievement and Inclusion in Schools offers a fully up-to-date analysis of current issues in light of recent changes to education policy in England, Scotland, Wales and Northern Ireland. It provides practical guidance for practitioners and policy-makers, and will be of interest to anyone passionate about inclusive education. (shrink)

Cognitive science is a cross-disciplinary enterprise devoted to understanding the nature of the mind. In recent years, investigators in philosophy, psychology, the neurosciences, artificial intelligence, and a host of other disciplines have come to appreciate how much they can learn from one another about the various dimensions of cognition. The result has been the emergence of one of the most exciting and fruitful areas of inter-disciplinary research in the history of science. This volume of original essays surveys foundational, theoretical, and (...) philosophical issues across the discipline, and introduces the foundations of cognitive science, the principal areas of research, and the major research programs. With a focus on broad philosophical themes rather than detailed technical issues, the volume will be valuable not only to cognitive scientists and philosophers of cognitive science, but also to those in other disciplines looking for an authoritative and up-to-date introduction to the field. (shrink)

This chapter discusses the nature of software maintenance in light of software’s ontological status. A realist view of software need not commit us to the otiose position that software maintenance is impossible. Many philosophers and computer scientists have been concerned with drawing attention to software’s dual nature, its being both symbolic and physical, abstract and concrete. There are strong connections to be found between this topic and recent investigations in the philosophy of linguistics, particularly the metaphysics of words. It is (...) shown, contra Irmak, that software can be best understood through a realist type-token distinction employing an ontology of composite objects that was put forward by Katz. This approach employs both non-spatiotemporal abstract types and tokens of those types. Further developing Katz’s realist approach can help to make better sense of the dual nature of computational artefacts and their maintenance than the alternatives outlined. Young claims that a prevalent imbalanced view of maintenance as solely conservative is due to a misunderstanding of the nature of artefacts as being realisations of their producers’ intentions. This is a problem for theories of artefacts that employ intentions, such as the one involved with the realist view of software and software maintenance. Software maintenance on this view is not solely conservative but also adaptive and enhancive, constituting a source of counterexamples to Young’s claim. An alternative explanation of the imbalanced view is provided, based on observations by software engineers, especially Sommerville. (shrink)

If sociology is about society must it not also be about morality? In the nineteenth and early twentieth centuries, the identification between sociology and morality was clear cut; Marx, Durkheim, Weber, Spencer, and Veblen all dealt with moral issues and one might argue that they saw themselves as engaged in a moral vocation. Now, one might argue that the connections between sociology and moral currents have become more tenuous. Moral Culture examines what it means to be moral in contemporary social (...) and cultural life. Author Keith Tester takes the highly original and revealing step of exploring how violence today, and throughout history, affects the relatively safe and secure people who live in the west and who tend to know horror only through television and cinema screens. The book raises questions about the meaning and significance of massacres in the Balkans, Rwanda and, rather more historically, the Holocaust, and the slaughter of Vietnamese peasants by American soldiers in My Lai. It also discusses how Adolf Eichmann and the men of Charlie Company might be different from or similar to us. It answers questions about whether this is a time of moral decay or more seriously, the collapse of moral Civilization. Sociologists often claim that they make a virtue of being relevant and objective, but few have attacked these issues with the urgency and originality that Keith Tester displays in this work. Each chapter provides a historically aware account of a moral problem making it especially relevant reading for students of cultural studies, sociology, political science, and moral philosophy. (shrink)

A Naive Realist Theory of Colour defends the view that colours are mind-independent properties of things in the environment, that are distinct from properties identified by the physical sciences. This view stands in contrast to the long-standing and wide-spread view amongst philosophers and scientists that colours don't really exist - or at any rate, that if they do exist, then they are radically different from the way that they appear. It is argued that a naive realist theory of colour best (...) explains how colours appear to perceiving subjects, and that this view is not undermined either by reflecting on variations in colour perception between perceivers and across perceptual conditions, or by our modern scientific understanding of the world. A Naive Realist Theory of Colour also illustrates how our understanding of what colours are has far-reaching implications for wider questions about the nature of perceptual experience, the relationship between mind and world, the problem of consciousness, the apparent tension between common sense and scientific representations of the world, and even the very nature and possibility of philosophical inquiry. (shrink)

Contextualism has been hotly debated in recent epistemology and philosophy of language. The Case for Contextualism is a state-of-the-art exposition and defense of the contextualist position, presenting and advancing the most powerful arguments in favor of the view and responding to the most pressing objections facing it.

This paper uses the knowledge account of assertion (KAA) in defense of epistemological contextualism. Part 1 explores the main problem afflicting contextualism, what I call the "Generality Objection." Part 2 presents and defends both KAA and a powerful new positive argument that it provides for contextualism. Part 3 uses KAA to answer the Generality Objection, and also casts other shadows over the prospects for anti-contextualism.

This chapter explores radical personal change and its relationship to well-being, welfare, or prudential value. Many theorists of welfare are committed to what is here called the future-based reasons view (FBR), which holds (1) that the best prudential choice in a situation is determined by which possible future has the greatest net welfare value for the subject and (2) what determines facts about future welfare are facts about the subject and the world at that future time. Although some cases of (...) radical change are intuitively prudentially good, many cases of really radical change are not. Yet FBR has trouble explaining this. Many people instinctively reach for the notion of identity to solve this problem—arguing that really radical change cannot be good because it alters who someone is. Yet, as the chapter argues, there are reasons to doubt that appeals to identity are appropriate. The chapter ends with the suggestion that prudential facts may explain why and when retaining identity matters, rather than the other way around, and points to a possible way forward for a theorist of welfare committed to FBR. (shrink)

This volume offers a general introduction to the field of semantics and provides coverage of the main perspectives.

P EM Manifestos for History /EM is a thought-provoking and controversial text that, through a star studded collection of essays, presents a wide ranging ...

In this engaging sequel to Rethinking History , Keith Jenkins argues for a re-figuration of historical study. At the core of his survey lies the realization that objective and disinterested histories as well as historical 'truth' are unachievable. The past and questions about the nature of history remain interminably open to new and disobedient approaches. Jenkins reassesses conventional history in a bold fashion. His committed and radical study presents new ways of 'thinking history', a new methodology and philosophy and (...) their impact on historical practice. This volume is written for students and teachers of history, illuminating and changing the core of their discipline. (shrink)

This article presents the case for an approach to consciousness that I call illusionism. This is the view that phenomenal consciousness, as usually conceived, is illusory. According to illusionists, our sense that it is like something to undergo conscious experiences is due to the fact that we systematically misrepresent them as having phenomenal properties. Thus, the task for a theory of consciousness is to explain our illusory representations of phenomenality, not phenomenality itself, and the hard problem is replaced by the (...) illusion problem. Although it has had powerful defenders, illusionism remains a minority position, and it is often dismissed as failing to take consciousness seriously. This article seeks to rebut this accusation. It defines the illusionist programme, outlines its attractions, and defends it against some common objections. It concludes that illusionism is a coherent and attractive approach, which deserves serious consideration. (shrink)

This paper applies social-relational models of moral standing of robots to cases where the encounters between the robot and humans are relatively brief. Our analysis spans the spectrum of non-social robots to fully-social robots. We consider cases where the encounters are between a stranger and the robot and do not include its owner or operator. We conclude that the developers of robots that might be encountered by other people when the owner is not present cannot wash their hands of responsibility. (...) They must take care with how they develop the robot’s interface with people and take into account how that interface influences the social relationship between it and people, and, thus, the moral standing of the robot with each person it encounters. Furthermore, we claim that developers have responsibility for the impact social robots have on the quality of human social relationships. (shrink)

My focus will be on Richard Feldman’s claim that what we epistemically ought to believe is what fits our evidence. I will propose some potential counter-examples to test this evidentialist thesis. My main intention in presenting the “counter-examples” is to better understand Feldman’s evidentialism, and evidentialism in general. How are we to understand what our evidence is, how it works, and how are we to understand the phrase “epistemically ought to believe” such that evidentialism might make sense as a plausible (...) thesis in light of the examples? Of course, we may decide that there’s no such way to understand evidentialism—that it just isn’t a plausible thesis. I must admit that my suspicions lean in that direction. But the potential counter-examples are put forward, not in a refutational spirit, but as an invitation to evidentialists and potential evidentialists to refine and/or explain their thesis in light of the at least apparent problems that the examples highlight. (shrink)

kind of joke to ask what is the case if the antecedent is false—“And where are the biscuits if I don’t want any?”, “And what’s on PBS if I’m not interested?”, “And who shot Kennedy if that’s not what I’m asking?”. With normal indicative conditionals like.

This should be fairly close to the text of this paper as it appears in The Southern Journal of Philosophy 38 (2000), Spindel Conference Supplement: 121-148.

Addressing Merleau-Ponty's work Phenomenology of Perception, in dialogue with The Visible and the Invisible, his lectures at the Collège de France, and his reading of Proust, this book argues that at play in his thought is a philosophy of “ontological lateness”. This describes the manner in which philosophical reflection is fated to lag behind its objects; therefore an absolute grasp on being remains beyond its reach. Merleau-Ponty articulates this philosophy against the backdrop of what he calls “cruel thought”, a style (...) of reflecting that seeks resolution by limiting, circumscribing, and arresting its object. By contrast, the philosophy of ontological lateness seeks no such finality-no apocalypsis or unveiling-but is characterized by its ability to accept the veiling of being and its own constitutive lack of punctuality. To this extent, his thinking inaugurates a new relation to the becoming of sense that overcomes cruel thought. Merleau-Ponty's work gives voice to a wisdom of dispossession that allows for the withdrawal of being. Never before has anyone engaged with the theme of Merleau-Ponty's own understanding of philosophy in such a sustained way as Whitmoyer does in this volume. (shrink)

This book examines the politics of diversity, and explores potential sources of support for an inclusive solidarity, in particular political sources of solidarity.