Cet ouvrage collectif consacré à la culture judiciaire cherche à appréhender les liens entre autorités et justiciables, à étudier la capacité des acteurs à se réapproprier la norme. Les vingt-sept articles qui constituent le livre, produits par des chercheur.euse.s aussi bien en histoire qu’en littérature, en droit ou en histoire du droit, couvrent une large périodisation allant du Moyen Âge à nos jours. Si les directeurs reconnaissent une forme de « dispersion » (p. 12) procédant de la mise...

In his recent book, Keith Morrison argues that RCTs have garnered a privileged place in educational research, driving out other valuable approaches. Morrison acknowledges RCTs or similar designs ca...

Notwithstanding worrying implications of prisons which are seemingly without moral purpose in terms of people being attracted to the radicalism and relational dimensions of new faiths, there are positive signs of changes and hope in prisons. The question becomes about how we can best foster and protect that which money can’t buy in prisons.

Descartes with his sharp separation of the mental and the physical set the stage for the philosophy of mind for the next 350 years. Philosopher Patrick T. Mackenzie finds in the later writings of Wittgenstein the suggestion that Descartes got off on the wrong foot. Following Wittgenstein's lead, Mackenzie argues that instead of analyzing our human nature as a composite of mind and body, we should view ourselves as whole persons. One of the dividends of this approach to (...) the mind-body problem is that it provides us with a resolution to the problem of human freedom—i.e., how can a human being be free if his or her body (including the brain) belongs to a deterministic world? Mackenzie here argues that the person is largely free even though the movements of the body are determined by neurophysiological events. He takes the same approach to the philosophy of mind as that taken by M.R.Bennett and P.M.S.Hacker in their recent and controversial book, The Philosophical Foundations of Neuroscience. Mackenzie's approach is, however, much more accessible. Students of philosophy and philosophers interested in the problem of human freedom will welcome Mackenzie's fresh approach, especially those disenchanted by the present list of mind-body "isms.". (shrink)

Bioethicists who seek to defend commercial transactions that intuitively seem exploitative, such as organ sales and commercial surrogacy, typically pair a liberal analysis of exploitation with a libertarian analysis of autonomy. In this paper, I argue that the liberal analysis of exploitation, which focuses primarily on two party transactions between individuals, occludes the structural dimensions of exploitation. This occlusion then paves the way for the transaction to be understood in terms of libertarian autonomy. I propose that a vulnerability analysis paired (...) with a multidimensional and relational theory of autonomy highlights the structural dimensions of exploitation and exposes the myth-making that underlies claims that these forms of exploitation are autonomy-enhancing. (shrink)

This essay identifies areas of analysis which David Garland neglects in The Culture of Control. The essential argument being that greater attention to the influence of feminism and the treatment of female offenders and victims would have enriched his interpretation of the culture of control. The essay suggests that the treatment of women in criminal justice matters exemplifies the apparently dualistic and polarised penal policies that Garland describes so well. The recent huge increases in the number of women sentenced to (...) imprisonment, in particular, are inexplicable, and point to a critical paradox in criminal justice system thinking. The essay also includes with some reflections on the future of crime control in relation to women. One important question is whether or not the future of crime control is inevitably or necessarily gendered. Thus the essay touches on the gender neutral versus gender specific and equality versus difference debates and their irreconcilable elements, as well as on possible ways of dealing with them, and concludes with some thoughts on the potential of renewed interest in the concept of citizenship and justice. (shrink)

Philosophers are inclined to raise philosophical dust by asking such questions as, what relations must exist between two body occurrences for them to be body occurrences of the same body? or what relation among person-stages makes them stages of the same person? and then complain that they cannot see the answers. I want to argue that the reason they cannot see the answers is that these questions and others like them are misconceived.

When experienced in-person, engagement with art has been associated—in a growing body of evidence—with positive outcomes in wellbeing and mental health. This represents an exciting new field for psychology, curation, and health interventions, suggesting a widely-accessible, cost-effective, and non-pharmaceutical means of regulating factors such as mood or anxiety. However, can similar impacts be found with online presentations? If so, this would open up positive outcomes to an even-wider population—a trend accelerating due to the current COVID-19 pandemic. Despite its promise, this (...) question, and the underlying mechanisms of art interventions and impacts, has largely not been explored. Participants were asked to engage with one of two online exhibitions from Google Arts and Culture. With just 1–2 min exposure, both improved negative mood, state-anxiety, loneliness, and wellbeing. Stepdown analysis suggested the changes can be explained primarily via negative mood, while improvements in mood correlated with aesthetic appraisals and cognitive-emotional experience of the exhibition. However, no difference was found between exhibitions. We discuss the findings in terms of applications and targets for future research. (shrink)

The significance of big data for driving health research and improvements in patient care is well recognised. Along with these potential benefits, however, come significant challenges, including those concerning the sharing and linkage of health and social care records. Recently, there has been a shift in attention towards a paradigm of data sharing centred on the ‘trusted research environment’ (TRE). TREs are being widely adopted by the UK’s health data initiatives including Health Data Research UK (HDR UK),1 Our Future Health2 (...) and Genomics England.3 A recent review commissioned by the UK’s Department of Health and Social Care (hereafter referred to as the ‘Goldacre Review’) places TREs at the heart of its recommendations around the future of National Health Service (NHS) health data sharing for research, describing them as the ‘clear path forward’ to a health data system in which trust is ‘earned’ through ‘provable, credible steps to protect patient privacy, and by being transparent with everyone about everything that is done with their deepest medical secrets’.4 We argue that rather than building public trust, the TRE model actually reduces the need for trust in the use and sharing of patient health data. This is because trust is importantly connected to vulnerability and uncertainty; an essential part of trusting someone is accepting that one’s trust could be disappointed or betrayed. In attempting to provide assurances or guarantees of data privacy and security, TREs strive to remove this vulnerability, and so remove the need for trust. We do not see this as a problem and are broadly supportive of this kind of data sharing model because of the increased security and oversight it provides. However, having argued that TREs are not actually concerned with trust, we consider the importance of being precise about the words that we use …. (shrink)

Powered by ‘big health data’ and enormous gains in computing power, artificial intelligence and related technologies are already changing the healthcare landscape. Harnessing the potential of these technologies will necessitate partnerships between health institutions and commercial companies, particularly as it relates to sharing health data. The need for commercial companies to be trustworthy users of data has been argued to be critical to the success of this endeavour. I argue that this approach is mistaken. Our interactions with commercial companies need (...) not, and should not, be based on trust. Rather, they should be based on confidence. I begin by elucidating the differences between trust, reliability, and confidence, and argue that trust is not the appropriate attitude to adopt when it comes to sharing data with commercial companies. I argue that what we really should want is confidence in a system of data sharing. I then provide an outline of what a confidence-worthy system of data sharing with commercial companies might look like, and conclude with some remarks about the role of trust within this system. (shrink)

How do ethical investment funds choose their ethical criteria? How intelligent is this process from an ethical point of view? This paper reports on his field work carried out as part of the Bath University ‘Morals and Money’ Project. After completing this research, Dr. Craig Mackenzie left academia to become ethics development officer at Friends Provident. He can be contacted at 15 Old Bailey, London, EC4M 7AP; c.mackenzie@stewardship.co.uk.

In his recent book Reflective Democracy, Robert Goodin argues that 'external-collaborative' models of democratic deliberation procedures need to be supplemented by 'internal-reflective' deliberation. The exercise of the moral imagination plays a central role in Goodin's account of 'democratic deliberation within'. By imaginatively putting ourselves in the place of a range of others, he argues, including those who maybe not be able to represent their own interests, we can make their points of view 'communicatively present' in deliberation. Goodin's argument emphasizes the (...) role of art and other forms of cultural representation in helping to bring about this expansion of moral imagination. Drawing on debates in philosophy of mind concerning the scope and limits of our capacities to simulate other minds, I argue that Goodin's analysis of 'democratic deliberation within' conflates different kinds of imaginative project. In doing so, it underestimates both the difficulties of imaginatively putting ourselves in the place of others and the political risks in doing so. I argue, alternatively, that moral engagement with others involves the capacity for sympathy and that art and other forms of cultural representation can enlarge the scope of our sympathies, by assisting us to overcome imaginative resistance to alien points of view. In developing this argument, I provide a qualified defense of Iris Young's claim that respect for others involves 'asymmetrical reciprocity'. (shrink)

This article focuses on the interpretative complexities encountered in the work of Lidwien van de Ven. First, it aims to map out the always porous nature of the relationships between aesthetics, politics and religion that make up her palimpsest-like images. Second, it aims to tease out a three-part analytics of photography. Third, it attempts to flesh out a difficult notion of spectacle that is inherent to her wide-ranging practice, and which distinguishes her project from liberal photojournalism with its obeisance to (...) identity politics and its weak notion of ethics. Finally, it aims to isolate, within the dialectical machinery of spectacle that is so often put to work by western democracies, a pragmatic moment in our encounter with her photographs that has real political purchase. With a variable notion of close reading at the crux of the operation, the article probes the efficacy of this moment so akin to philosophical aesthetics. (shrink)

The article focuses on the work of Ian Wallace, Jeff Wall and Rodney Graham, in particular, a notion of the studio that provides both an anchor and departure for the work of all three. This genealogy turns primarily on Wallace’s photo-conceptual work from the 1970s, which establishes the space of the studio as an allegory of painting or the modernist tradition, and as the topological equivalent of the museum and street. Using Wallace’s model of post-studio practice as an analytic, the (...) article unpacks the tensions of Wall’s notion of cinematography, highlighting his mounting hesitations with photography understood on the model of the studio system, as an inside/outside relationship and as the mimesis of painting. Finally, the article puts the notions of studio as genealogy and dispositif to work in order to understand the logic of Graham’s emphasis on the durational art of film. (shrink)

This article proposes a methodological schema for engaging in a productive discussion of ethical issues regarding human brain organoids, which are three-dimensional cortical neural tissues created using human pluripotent stem cells. Although moral consideration of HBOs significantly involves the possibility that they have consciousness, there is no widely accepted procedure to determine whether HBOs are conscious. Given that this is the case, it has been argued that we should adopt a precautionary principle about consciousness according to which, if we are (...) not certain whether HBOs have consciousness—and where treating HBOs as not having consciousness may cause harm to them—we should proceed as if they do have consciousness. This article emphasizes a methodological advantage of adopting the precautionary principle: it enables us to sidestep the question of whether HBOs have consciousness and, instead, directly address the question of what kinds of conscious experiences HBOs can have, where the what-kind-question is more tractable than the whether-question. By addressing the what-kind-question, we will be able to examine how much moral consideration HBOs deserve. With this in mind, this article confronts the what-kind-question with the assistance of experimental studies of consciousness and suggests an ethical framework which supports restricting the creation and use of HBOs in bioscience. (shrink)

Some of the things we do intentionally we do halfheartedly. I develop and defend an account of halfheartedness with respect to action on which one is halfhearted with respect to an action A if one’s overall motivation to A is weak. This requires getting clear on what it is to have some level of overall motivation with respect to an action, and on what it means to say one’s overall motivation is weak or strong. After developing this account, I defend (...) the claim that one key functional expression of halfhearted action is the possession of impaired control over the action in question. Finally, I elucidate a puzzle that sometimes arises with respect to halfhearted action. The puzzle arises when an agent’s commitment in acting conflicts with an agent’s acceptance of poor performance. (shrink)

Ann Margaret Sharp, American philosopher of education, believed that friends could, in fact, be quite critical of one another. Writing in her essay, “What is a Community of Inquiry,” she states,... but children know that the group has taken on a great significance for them: each one’s happiness means as much to each of them as their own. They truly care for each other as persons, and this care enables them to converse in ways they never have before. They can (...) engage in inquiry without fear of rebuff or humiliation. They can try out ideas that they never would have thought of expressing before just to see what happens.I am grateful to the friends of Sharp who spent time in pursuit of understanding her work and its... (shrink)

Patients in the vegetative state are wholly unaware of themselves, or their surroundings. However, a minority of patients diagnosed as vegetative are actually aware. What is the well-being of these patients? How are their lives going, for them? It has been argued that on a reasonable conception of well-being, these patients are faring so poorly that it may be in their best interests not to continue existing. I argue against this claim. Standard conceptions of well-being do not clearly support the (...) conclusion that these patients would be better off having life-sustaining treatment withdrawn, and in fact, it may be possible for these patients to retain a passable level of well-being. I suggest that further research into the subjective experiences of these patients will allow us to better promote their well-being. (shrink)

Unresponsive wakefulness syndrome is a disorder of consciousness wherein a patient is awake, but completely non-responsive at the bedside. However, research has shown that a minority of these patients remain aware, and can demonstrate their awareness via functional neuroimaging; these patients are referred to as having ‘cognitive motor dissociation’. Unfortunately, we have little insight into the subjective experiences of these patients, making it difficult to determine how best to promote their well-being. In this paper, I argue that the capacity to (...) experience pain or pleasure is a key component of well-being for these patients. While patients with unresponsive wakefulness syndrome are believed to be incapable of experiencing pain or pleasure, I argue that there is evidence to support the notion that CMD patients likely can experience pain and pleasure. I analyze current neuroscientific research into the mechanisms of pain experience in patients with disorders of consciousness, and provide an explanation for why CMD patients likely can experience physical pain. I then do the same for physical pleasure. I conclude that providing these patients with pleasurable experiences, and avoiding subjecting them to pain, are viable means of promoting their well-being. (shrink)