This book offers an advanced introduction to central questions in legal philosophy. What factors determine the content of the law in force? What makes a normative system a legal system? How does law beyond the state differ from domestic law? What kind of moral force does law have? The most important existing views are introduced, but the aim is not to survey the existing literature. Rather, this book introduces the subject by stepping back from the fray to sketch the big (...) picture, to show just what is at stake in these old debates. Legal philosophy has become somewhat arid and inward looking. In part this is because the disagreement between the main camps on the important questions is apparently intractable. The main aim of the book is to suggest both a diagnosis and a proper practical response to this situation of intractable disagreement about questions that do matter. (shrink)

Philosophical suspicions about the place of shame in the psychology of the mature moral agent are in tension with the commonplace assumption that to call a person shameless purports to mark a fault, arguably a moral fault. I shift philosophical suspicions away from shame and toward its absence in the shameless by focusing attention on phenomena of shamelessness. In redirecting our attention, I clarify the nature of the failing to which ascriptions of shamelessness might refer and defend the thought that, (...) as an evasion of moral self-censure, shamelessness can be morally pernicious. Far from foregoing shame, I conclude, we should be mindful of its moral importance and unapologetic in its defense. (shrink)

What’s the difference between those psychological posits that are ‘me” and those that are not? Distinguishing between these psychological kinds is important in many domains, but an account of what the distinction consists in is challenging. I argue for Psychological Constructionism: those psychological posits that correspond to the kinds within folk psychology are personal, and those that don’t, aren’t. I suggest that only constructionism can answer a fundamental challenge in characterizing the personal level – the plurality problem. The things that (...) plausibly qualify as personal are motley. Other attempts at accounting for the personal level either cannot accommodate this plurality, or cannot explain what unifies the personal. Given arguments others have given for a pluralistic conception of folk psychology, constructionism explains and predicts this plurality in a systematic and unified way, thereby solving the plurality problem. (shrink)

In the post-Apartheid era South Africa’s universities have faced serious questions about the quality of their student learning in the face of near impossible challenges. The University of Cape Town, widely seen as the country’s leading higher education institution, has shown remarkable resilience, however, in the range of initiatives it has launched to support and enhance student learning. These initiatives, designed with a common purpose, are of course intended to work together so that their effects might be compounded and realized (...) in enhanced student learning outcomes. Drawing substantially on the power of compounding (which is itself redolent of the claim made by complexity theory that relations and emergence are crucial concepts), complexity theory offers unique insights into how and why things change – and also into how and why things remain largely the same or inexorably grind towards failure. The networked initiatives undertaken by the University of Cape Town constitute a case of learning refurbishment that is also well explained and understood in terms of complexity theory. This paper draws on concepts from complexity theory both to understand how learning might be enhanced in higher education institutions in severely straitened circumstances and to offer insights for education leaders and policy-makers in this domain. (shrink)

PTEN‐induced kinase 1 (PINK1) is a Parkinson's disease gene that acts as a sensor for mitochondrial damage. Its best understood role involves phosphorylating ubiquitin and the E3 ligase Parkin (PRKN) to trigger a ubiquitylation cascade that results in selective clearance of damaged mitochondria through mitophagy. Here we focus on other physiological roles of PINK1. Some of these also lie upstream of Parkin but others represent autonomous functions, for which alternative substrates have been identified. We argue that PINK1 orchestrates a multi‐arm (...) response to mitochondrial damage that impacts on mitochondrial architecture and biogenesis, calcium handling, transcription and translation. We further discuss a role for PINK1 in immune signalling co‐ordinated at mitochondria and consider the significance of a freely diffusible cleavage product, that is constitutively generated and degraded under basal conditions. (shrink)

1 Some philosophers defend the thesis that women are adult human females. Call this the adult human female thesis (AHF). There are two versions of this thesis—one modal and one definitional. Accord...

I analyse the political, economic, and cultural circumstances that have given rise to persistent political disputes about race (known colloquially as “the culture war”) among a subset of Americans. I argue that they point to a deep tension between widely held normative aspirations and pervasive and readily observable material facts about our society. The characterological pathologies this gives rise to are discussed, and a normatively preferable path forward for an individual attempting to reconcile themselves to the current social order is (...) suggested. (shrink)

Is there a limit to the legitimate demands of morality? In particular, is there a limit to people's responsibility to promote the well-being of others, either directly or via social institutions? Utilitarianism admits no such limit, and is for that reason often said to be an unacceptably demanding moral and political view. In this original new study, Murphy argues that the charge of excessive demands amounts to little more than an affirmation of the status quo. The real problem with utilitarianism (...) is that it makes unfair demands on people who comply with it in our world of nonideal compliance. Murphy shows that this unfairness does not arise on a collective understanding of our responsibility for others' well being. Thus, according to Murphy, while there is no general problem to be raised about the extent of moral demands, there is a pressing need to acknowledge the collective nature of the demands of beneficence. (shrink)

In 1993, Jim Mason, journalist, advocate, and pioneering figure in the contemporary animal advocacy movement, published An Unnatural Order-a sweeping overview of the origins of our hatred and destruction of the natural world and its creatures, from the dawn of agriculture to the present day. Now fully revised and updated to reflect developments in paleoanthropology and ethology, as well as greater awareness of, and urgency regarding, the climate crisis, An Unnatural Order offers an expansive overview of what has changed (...) (both for good and for ill) and what has unfortunately remained the same. His message is clear: until we grapple with the question of the animal, and our relationship with animality and the natural world, we will not be able to confront the consequences of our perpetuation of environmental destruction, biodiversity collapse, and our alienation from the Earth and one another. As brilliantly polemical and richly descriptive as it was when it was published almost three decades ago, this new version of An Unnatural Order is sure to excite a passionate debate about our role in either saving the ecosystems upon which all species (including our own) rely, or bringing it all to an end. (shrink)

This chapter sketches a literary history of writing the colonial interregnum through the comparison of a canonical Dublin text and its filmic adaptation with a canonical Johannesburg text and its filmic adaptation. Njabulo Ndebele’s short story ‘Fools’ (1983) repurposes formal elements from Joyce’s ‘The Dead’ (1914), transposing strategies for representing late colonial Dublin to a Johannesburg township during the height of apartheid in a context of extreme racial domination; beginning with close comparative readings of both stories, my chapter argues that (...) the context in which ‘Fools’ emerges determines the significance of its reappropriation of Joycean formal devices and simultaneously forces a re-reading of Joyce’s flirtation with bourgeois naturalism in ‘The Dead.’ Further, the respective publishing contexts of ‘Fools’ and ‘The Dead’ go on to determine their reception and recirculation, as demonstrated by the diverse histories of the American John Huston’s adaptation of ‘The Dead’ (1984), and Ramadan Suleman’s South African adaptation of ‘Fools’ (1997). In following this circumatlantic history of influence and adaptation from Joyce to Ndebele to Huston to Suleman, across hemispheres and media, I mean to articulate a relationship between modernist form and forms of modernity, particularly as those forms that appear and reappear in the global south over the course of the long twentieth century. Particular attention is paid here to the history of underdevelopment in the global south and how it impinges upon the production and circulation of literary adaptations. (shrink)

This was the last and most important and comprehensive work of Charlotte Mason, (founder of the Parents’ National Educational Union).

This book explains that the natural and only quite wholesome way of teaching is to let the child's desire for knowledge operate in the schoolboy and guide the teacher. This means that without foregoing discipline, nor cutting ourselves off from tradition, we must continue experiments already being started in our elementary schools. These are based on the chastening fact that children learn best before we adults begin to teach them at all: and hence that however uncongenial the task may be, (...) we must conform our teaching methods to those of Nature. The attempt has often been made before. But in this book there is a rare combination of intuitive insight and practical sagacity. The author refused to believe that the collapse of the desire for knowledge between seven and seventeen years of age is inevitable. (shrink)

A collection of spiritual essays written by Black thought leaders and teachers that discuss what it means to be Black in the world today.

Objective: To examine the role of explainability in machine learning for healthcare (MLHC), and its necessity and significance with respect to effective and ethical MLHC application. Study Design and Setting: This commentary engages with the growing and dynamic corpus of literature on the use of MLHC and artificial intelligence (AI) in medicine, which provide the context for a focused narrative review of arguments presented in favour of and opposition to explainability in MLHC. Results: We find that concerns regarding explainability are (...) not limited to MLHC, but rather extend to numerous well-validated treatment interventions as well as to human clinical judgment itself. We examine the role of evidence-based medicine in evaluating unexplainable treatments and technologies, and highlight the analogy between the concept of explainability in MLHC and the related concept of mechanistic reasoning in evidence-based medicine. Conclusion: Ultimately, we conclude that the value of explainability in MLHC is not intrinsic, but is instead instrumental to achieving greater imperatives such as performance and trust. We caution against the uncompromising pursuit of explainability, and advocate instead for the development of robust empirical methods to successfully evaluate increasingly inexplicable algorithmic systems. (shrink)

In the first sentence of the first section of A Theory of Justice Rawls writes that “justice is the first virtue of social institutions.” He soon elaborates.

Liam Shields systematically clarifies and defends the political philosophy of Sufficientarianism, which insists that securing enough of some things, such as food, healthcare and education, is a crucial demand of justice. By engaging in practical debates about critical issues such as child-rearing and global justice, the author sheds light on the potential implications of suffientarianism on the social policies that affect our daily lives.

Principles of sufficiency are widely discussed in debates about distributive ethics. However, critics have argued that sufficiency principles are vulnerable to important objections. This paper seeks to clarify the main claims of sufficiency principles and to examine whether they have something distinctive and plausible to offer. The paper argues that sufficiency principles must claim that we have weighty reasons to secure enough and that once enough is secured the nature of our reasons to secure further benefits shifts. Having characterized sufficientarianism (...) in this way, the paper shows that the main objections to the view can be avoided; that we can examine the plausibility of sufficiency principles by appealing to certain reasons that support a shift; and that we should be optimistic about the prospects for sufficientarianism because many of our strongest reasons seem to be of this sort. This shift, I claim, is the overlooked grain of truth in sufficientarianism. (shrink)

In a capitalist economy, taxes are the most important instrument by which the political system puts into practice a conception of economic and distributive justice. Taxes arouse strong passions, fueled not only by conflicts of economic self-interest, but by conflicting ideas of fairness. Taking as a guiding principle the conventional nature of private property, Murphy and Nagel show how taxes can only be evaluated as part of the overall system of property rights that they help to create. Justice or injustice (...) in taxation, they argue, can only mean justice or injustice in the system of property rights and entitlements that result from a particular regime. Taking up ethical issues about individual liberty, interpersonal obligation, and both collective and personal responsibility, Murphy and Nagel force us to reconsider how our tax policy shapes our system of property rights. (shrink)

This essay identifies and intervenes in the limitations of both the social and the medical models of disability in the postcolonial context, suggesting that those limitations may apply to theorizations of disability more broadly. It suggests that Bessie Head's novel A Question of Power, which represents mental illness and disability without positing a stable etiology for them, illustrates the inapplicability of these ways of thinking about disability under instances of extreme precarity. As such, Head offers a test case for how (...) mental illness and disability writ large might be theorized without the suppositions implicit to the liberal subject. (shrink)

When we look around us, some things look “alive,” others do not. What is it to “look alive”—to perceive animacy? Empirical work supports the view that animacy is genuinely perceptual. We should construe perception of animacy as perception of agents and behavior. This proposal explains how static and dynamic animacy cues relate, and explains how animacy perception relates to social cognition more broadly. Animacy perception draws attention to objects that are apt to be well‐understood folk psychologically, enabling us to marshal (...) our folk psychological resources efficiently. (shrink)

An examination of the specifically graphic-novelistic strategies employed in Art Spiegelman's graphic memoir, Maus, in leading the reader into a punctuated experience of time and memory, and in forcing complicity with the novel's problematic animal-as-ethnicity metaphor, in a wider attempt at putting together the critical vocabulary for discussing comic books as simultaneously textual and pictorial ‘texts’.

Principles of bcnciiccnce require us to promote the good. If we believe that a plausible mom] conception will contain some such principle, we must address the issue of the demands it imposes on agents. Some writers have defended extremely demanding principles, while others have argued that only principles with limited demands are acceptable. In this paper I su ggest that we 100k at the demands 0f beneficencc in a different way; 0ur concern should not just be with the extent of (...) the demands faced by individual agents. Instead, we should consider how the demands imposed Ol'] an agent by a principle of beneiiccncc are affected by the level of compliance with the principle by others. Act—[email protected], for example, in effect requires each complying agent to shoulder her share of the demands of bcncficcnce plus as many of the shares of noncomplying agents as would be optimal. I suggest that we focus OH this feature ofconsequentialism, and not just on the very high demands it can impose Ol'] individual agents. Thus I defend the View that principles of beneiicence should not demand more of agents as expected compliance by othcr agents decreases, and formulate a principle of bencficcnce that meets this condition. This View about beneiicence and compliance is supported by a particular conception 0f beneiiccnce. Rather than as an aim we each have as individuals, benciicence could be understood as a cooperative project, where each of us aims to promote the good together with others. If s0, it would be natural t.. (shrink)

Legal challenges to the FDA’s approval of mifepristone have destabilized patients’ ability to access controversial medicines like medication abortion. We argue that federal courts’ receptiveness to this litigation undermines the coherence and integrity of prescription drug regulation in the U.S.

Given the importance of scientific research in shaping our perception of the world, and our senses of what policies will and won’t succeed in altering that world, it is of great practical, political, and moral importance that we carry out scientific research with integrity. The phenomenon of scientific fraud stands in the way of that, as scientists may knowingly enter claims they take to be false into the scientific literature, often knowingly doing so in defiance of norms they profess allegiance (...) to. In this chapter we take a look at some of the causes of scientific fraud, and how it might be manifested in large-scale research teams and situations of anonymous authorship. We find that such cases make trouble for what might seem like intuitive answers to the question “who should be held responsible for this fraud?”, and we argue that in such cases it would be better to hold the entire community responsible for seeing to it that there is less fraud. (shrink)

Preferably scientific investigations would promote true rather than false beliefs. The phenomenon of fraud represents a standing challenge to this veritistic ideal. When scientists publish fraudulent results they knowingly enter falsehoods into the information stream of science. Recognition of this challenge has prompted calls for scientists to more consciously adopt the veritistic ideal in their own work. In this paper I argue against such promotion of the veritistic ideal. It turns out that a sincere desire on the part of scientists (...) to see the truth propagated may well promote more fraud rather than less. (shrink)

In his paper, ‘Patients, doctors and risk attitudes,’ Nicholas Makins1 argues that healthcare professionals should defer to a patient’s higher-order risk attitudes (ie, the risk attitudes they desire to have or endorse within themselves upon reflection) when making medical decisions. We argue against Makins’ deference to higher-order risk attitudes on the basis that (1) there are significant practical concerns regarding our ability to easily and consistently access and verify the higher-order risk attitudes of patients, (2) there is a lack of (...) a theoretical limit on higher-order risk attitudes (eg, second, third, fourth order), and (3) the consideration of higher-order risk attitudes is actually more paternalistic than Makins suggests because it narrows what counts as an autonomous preference to the limited occasions in which an individual actually reflects on his or her own risk attitude. On the issue of practicality, we can reasonably expect that healthcare professionals would find difficulty eliciting the higher-order risk attitudes of their patients. Take for example the patient who has never expressed his higher-order desire to be more risk adverse and who is not willing nor comfortable expressing this desire. What is the healthcare professional expected to do in this situation? This is even more of a concern for the incapacitated patient, to which Makins seems to imply that …. (shrink)

Philosophers of science debate the proper role of non-epistemic value judgements in scientific reasoning. Many modern authors oppose the value free ideal, claiming that we should not even try to get scientists to eliminate all such non-epistemic value judgements from their reasoning. W. E. B. Du Bois, on the other hand, has a defence of the value free ideal in science that is rooted in a conception of the proper place of science in a democracy. In particular, Du Bois argues (...) that the value free ideal must be upheld in order to, first, retain public trust in science and, second, ensure that those best placed to make use of scientifically acquired information are able to do so. This latter argument turns out to relate Du Bois’ position on the value free ideal in science to his defence of epistemic democracy. In this essay I elaborate, motivate, and relate to the modern debate, Du Bois’ under-appreciated defence of the value free ideal. (shrink)

A passionate defence of humanity and a work of radical optimism from the international bestselling author of Postcapitalism How do we preserve what makes us human in an age of uncertainty? Are we now just consumers shaped by market forces? A sequence of DNA? A collection of base instincts? Or will we soon be supplanted by algorithms and A.I. anyway? In Clear Bright Future, Paul Mason calls for a radical, impassioned defence of the human being, our universal rights and (...) freedoms and our power to change the world around us. Ranging from economics to Big Data, from neuroscience to the culture wars, he draws from his on-the-ground reporting from mass protests in Istanbul to riots in Washington, as well as his own childhood in an English mining community, to show how the notion of humanity has become eroded as never before. In this book Paul Mason argues that we are still capable - through language, innovation and co-operation - of shaping our future. He offers a vision of humans as more than puppets, customers or cogs in a machine. This work of radical optimism asks: Do you want to be controlled? Or do you want something better? (shrink)

Sufficientarianism is a position in debates about distributive justice. Sufficientarianism states that whether individuals have secured enough of some goods is a question that is central to determining whether a society is just. In this paper I provide an overview of this work, and highlight what I think are the most interesting recent contributions to it. Towards the end, I describe a way forward for sufficientarians and argue, in stark contrast to Frankfurt, that sufficientarian accounts of distributive justice should be (...) pluralist and are more plausible when they accommodate, rather than reject, other distributive values, such as equality. (shrink)

Personal data is highly vulnerable to security exploits, spurring moves to lock it down through encryption, to cryptographically ‘cloud’ it. But personal data is also highly valuable to corporations and states, triggering moves to unlock its insights by relocating it in the cloud. We characterise this twinned condition as ‘clouded data’. Clouded data constructs a political and technological notion of privacy that operates through the intersection of corporate power, computational resources and the ability to obfuscate, gain insights from and valorise (...) a dependency between public and private. First, we survey prominent clouded data approaches, suggesting their particular affordances produce distinctive versions of privacy. Next, we perform two notional code-based experiments using synthetic datasets. In the field of health, we submit a patient’s blood pressure to a notional cloud-based diagnostics service; in education, we construct a student survey that enables aggregate reporting without individual identification. We argue that these technical affordances legitimate new political claims to capture and commodify personal data. The final section broadens the discussion to consider the political force of clouded data and its reconstitution of traditional notions such as the public and the private. (shrink)

This essay explores histories of common salt, sodium chloride, using concepts and methods from media theory. It contributes to research on media and environment and the general ‘material turn’ taken across the Humanities. I conceive of salt as what Peters calls an ‘elemental’ medium so as to show, first, the imbrication of naturally-occurring substances in the operations and supply chains of digital culture. Second, the many lives salt has lived materially, in techniques of survival and exchange, and metaphorically, in cultural (...) expression, complicate conventional understandings of media. In showing how salt performs three functions, processing, storage, and transfer, which Kittler ascribed to technical and symbolic media, I argue for a more expansive use of ‘mediation’ as a bridge concept that speaks to matters of nature and culture, Arts and Science, and to account for deep histories of extraction and economy that shape digital culture and global supply chains. (shrink)

This article explores how and why contemporary nationalist ‘defence leagues’ in Australia and the UK invoke fantasies of law. I argue these fantasies articulate with Carl Schmitt’s theory of ‘nomos’, which holds that law functions as a spatial order of reason that both produces and is produced by land qua the territory of the nation. To elucidate the ideological function of law for defence leagues, I outline a theory of law as it relates to (political) subjectivity. Drawing on the work (...) of Foucault, Agamben and Brown, I demonstrate how subjects form and are formed by historically contingent relationships to law in the contemporary neo-liberal moment. Turning to Lacan, I show how nationalistic invocations of law provide nationalists with a fantasy that the nation’s law represents them and holds them together (as the nation itself). Similarly, I argue that nationalists imagine that the other has their own law as well, which not only corresponds to the other, but functions as a legible index of the other’s otherness—a metonym for the threatening uncertainty and radical difference that the other represents. Drawing on Lacan’s concept of the big Other, I ultimately argue that nationalists aggressively (re)assert law not only to defend the nation, but to ensure their own symbolic and ontological security therein. (shrink)

Brings together a range of practitioners and academics from the world of business who examine corporate social responsibility in policy and practice in a series of case studies from across the globe.