What defines family law? Is it an area of law with clean boundaries and unified distinguishing characteristics, or an untidy grouping of disparate rules and doctrines? What values or principles should guide it – and how could it be improved? Indeed, even the scope of family law is contested. Whilst some law schools and textbooks separate family law from children’s law, this is invariably effected without asking what might be gained or lost from treating them together or separately. Should family (...) law and children’s law be distinguished or treated together? One would expect disagreement on these questions in any context. In bringing together theorists from multiple jurisdictions and at least two primary disciplines, we should not be surprised to find deep differences in approach reflecting different methodologies and foundational questions. The tension between them, we hope, can illuminate and enrich discussion on all sides. (shrink)

Jacob Böhme (1575–1624) has been recognized as one of the internationally most influential German authors of the Early Modern period. Even today, his writings continue to impact fields as diverse as literature, philosophy, religion and art. Yet Böhme and his reception remain understudied. As a lay author, his works were often suppressed and circulated underground. Borrowing Böhme’s idea of “three worlds” or planes of existence, this volume traces the transmission of his thought through three stations: from his first underground readers (...) in Central and Eastern Europe, to the Netherlands, where most of his writings were first published, to Britain, where early translations made him a popular author for generations to come. Drawing on the work of both established and younger researchers from around the world, this volume charts new territory. It fills many lacunae and reveals a number of exciting discoveries, especially regarding the production and diffusion of manuscripts and previously overlooked sites of engagement. This book will be of interest to a wide range of scholars interested in the development of philosophical, religious, literary and artistic thought from the 17th century to the present day. (shrink)

It is often assumed that morally permissible acts are morally better than impermissible acts. We call this claim Betterness of Permissibility. Yet, we show that some striking counterexamples show that the claim’s truth cannot be taken for granted. Furthermore, even if Betterness of Permissibility is true, it is unclear why. Apart from appeals to its intuitive plausibility, no arguments in favour of the condition exist. We fill this lacuna by identifying two fundamental conditions that jointly entail betterness of permissibility: ‘reasons (...) monotonicity of permissibility’ and the ‘weak classical view’. We then argue that there are good reasons for accepting both of the fundamental conditions. We note that there exist plausible moral theories that reject one of the fundamental conditions. However, the way in which those theories reject the fundamental conditions does not allow them to endorse the counterexamples that motivate the belief that Betterness of Permissibility might be false. (shrink)

Increasing numbers of news organizations have formal codes of ethics for their personnel. This paper looks at the content of media ethics codes, how these codes are written and what comprises a news organization's fixed value system. Results show that many written policies were devised in recent years, and a noticeable number of other news organizations said they have firmly established unwritten policies. The written codes represented in this survey clearly draw lines around certain activities and label them as acceptable (...) or unacceptable for journalists. Teaching, unpaid appearances (such as on a television talk show), and participation in charitable activities are outside interests more acceptable than political activities in behalf of another person, or holding elected or appointed office. Certain activities which remain as unfinished business include: uniformity of enforcement, management ethics, financial interests, and spouse or friend conflict of interest. (shrink)

Scholars of color have been instrumental in advancing nursing knowledge development but find limited spaces where one can authentically share their philosophical perspective. Although there is a call for antiracism in nursing and making way for more diverse and inclusive theories and philosophies, our voices remain at the margins of nursing theory and philosophy. In nursing philosophy, there continues to be a lack of racial diversity in those who are given the platform to share their scholarship. Five nurse scholars of (...) color attended the International Nursing Philosophy Conference in August 2022. We established a collective system of support by sharing our experiences as researchers, scholars, and educators with each other. The theory of emancipatory nursing praxis informed this process. In this dialogue, we reflected on what it is like to present at and attend predominantly white nursing conferences. We shared our experiences of how we exist as nurse scholars, our philosophical views, and our thoughts on how we create spaces where scholars of color can feel welcomed and acknowledged for their contributions to advancing nursing knowledge. (shrink)

In this chapter, Kyle Ferguson argues for an individualist account of Sellarsian we-intentions. According to the individualist account, we-intentions’ intersubjective form renders them shareable rather than requiring that they be shared. Contrary to collectivist accounts, one may we-intend independently of whether and without presupposing that one's community shares one's we-intentions. After providing textual support, Ferguson proposes and implements a strategy of reportorial ascent, which strengthens the case for the individualist account. Reportorial ascent involves reflecting on the sentences one (...) would use to report or self-ascribe we-intentions. As Ferguson argues, we-intention-reporting sentences have ‘I’ as their subjects, which reveals that their truth conditions, like the performance conditions of their expressive counterparts, are satisfied by the individual who reports or expresses those intentions rather than by the host community. We-intention-reporting sentences, which make explicit both dimensions of independence and shareability, also reveal that intersubjective form is a feature of we-intentions qua mental states rather than a feature of their contents. Ferguson concludes that although the individualist account needs further development, the sketch provided in this chapter is compelling enough to demand that individualism and independence be moved from the periphery to the core of our study of we-intentions in Sellars's practical philosophy. (shrink)

How to find freedom from fear: Buddhist teachings that really work, from a respected contemporary teacher. Fear is something that's such a part of our lives that it doesn't seem it would be possible to live without it. This book disputes that claim in a powerful way. Gaylon Ferguson presents traditional Buddhist teachings to show that the fear that so often wreaks havoc on us is in fact quite insubtantial—and it's mostly something we create ourselves. If we can learn (...) to see that, it becomes pretty simple to un-create it, and we also discover that there's a natural fearlessness in us that goes far deeper than fear. With this natural bravery as our foundation, we can live our own lives more effectively and also be a better help and comfort to others. (shrink)

Leading scholars traverse the wide range of political action when "no" is in the picture, analyzing topics such as collective action, antisocialism, empirical science, the negative and the affirmative in Deleuze and Derrida, the "real" and the "clone," Native sovereignty, and Afropessimism.

Recent efforts to talk about the self in a postmodern dialect have created a dilemma: How can one conceptualize the human self as multiple, fluid, contextual, and radically relational while also maintaining that it is intentional, private, focused, and accountable? Creative Dwelling weaves elements of feminist psychology and process theology into a dynamic interdiscplinary dialogue about human subjectivity. The result brings a new coherence and vitality to our search for more inclusive and adequate ways of understanding our humanity. The theologicl (...) implications are profound: the dynamics of empathy and clarity impel the author to reframe characteristics of the divine nature, sin, salvation, and spirituality. The book culminates in a study of "dwelling" as a new, iconoclastic, and visionary metaphor for our experiences of the ever-emerging self. (shrink)

Several arguments have been put forward about the benefits of young people carrying out their own social science research in terms of empowering their voices and their participation. Much less attention has been paid to investigating the understandings young people develop about the research process itself. Seven twelve-year olds carried out self-directed social science research into a topic of their choice. Towards the end of their six months experience, we used a questionnaire and follow-up semi-structured interviews to investigate, from a (...) sociocultural perspective, what the young people thought about being a researcher. Thematic analysis of the interviews identified three themes and eight subthemes suggesting that they were aware of: the need to demonstrate researcher/research integrity ; the need for good interpersonal skills and standards, and good self-management skills (be resilient, agentic, committed and go... (shrink)

Ender’s Game, Orson Scott Card’s award-winning 1985 novel, has been discovered and rediscovered by generations of science fiction fans, even being adopted as reading by the U.S. Marine Corps. Ender's Game and its sequels explore rich themes — the violence and cruelty of children, the role of empathy in war, and the balance of individual dignity and the social good — with compelling elements of a coming-of-age story. Ender’s Game and Philosophy brings together over 30 philosophers to engage in wide-ranging (...) discussion on issues such as: the justifiability of pre-emptive strikes; how Ender’s disconnected and dispassionate violence is mirrored in today’s drone warfare; whether the end of saving the species can justify the most brutal means; the justifiability of lies and deception in wartime, and how military schools produce training in virtue. The authors of Ender’s Game and Philosophy challenge readers to confront the challenges that Ender’s Game presents, bringing new insights to the idea of a just war, the virtues of the soldier, the nature of childhood, and the serious work of playing games. (shrink)

Like many intensional logics, William Parry’s logic of analytic implication PAI admits extensions determined by imposing semantic conditions on its account of modality. PAI is unique, however, in its allowing a second dimension—a topic-theoretic dimension—along which extensions can be defined. The recent introduction by Francesco Berto of topic-sensitive intentional modals (TSIMs)—which disagree with PAI on this type of condition—provide further motivations to examine such topic-theoretic extensions. In this paper, we introduce, motivate, and characterize a number of such extensions of PAI, (...) paying special attention to applications to Berto’s framework and to ways in which the modal and topic-theoretic dimensions influence one another. (shrink)

Black women are 3–4 times more likely to die from a pregnancy‐related complication and twice as likely to experience severe maternal morbidity when compared to white women in the United States. The risks for pregnancy‐related maternal mortality are well documented, yet Black women's experiences of life‐threatening morbidity are essentially absent in the nursing literature. The purpose of this interpretive phenomenological study was to understand the experiences of Black women who developed severe maternal morbidity. Face‐to‐face, one‐to‐one, in‐depth conversational interviews were conducted (...) with nine Black women who experienced life‐threatening complications during childbirth or postpartum. Five essential themes emerged (1) I Only Know What I Know; (2) How You Cared for Me; (3) Race Matters; (4) Faced with Uncertainty; and (5) Still Healing. These themes illuminate the complexity of Black women's subjective interpretations of severe maternal morbidity, and reveal ways in which racism, not race, places Black women at risk for poor maternal health outcomes. The author envisions greater equity for Black mothers entrusted to nursing care, guided by nursing theories informed by these study findings. (shrink)

Although the work of G.F.C. Griss is commonly understood as a program of negationless mathematics, close examination of Griss’s work suggests a more fundamental feature is its executability, a requirement that mental constructions are possible only if corresponding mental activity can be actively carried out. Emphasizing executability reveals that Griss’s arguments against negation leave open several types of negation—including D. Nelson’s strong negation—as compatible with Griss’s intuitionism. Reinterpreting Griss’s program as one of executable mathematics, we iteratively develop a pair of (...) bilateral constructive logics and argue for their adequacy as accounts of the propositional basis of Griss’s work. We conclude by observing connexive features exhibited by the two bilateral logics and by investigating the difficulties connexive principles reveal for the development of executable mathematics. (shrink)

This book brings together recent work on the topic of exploitation from philosophy, political science, and economics in one volume, organised around three main questions: what is exploitation?, why is exploitation wrong?, and what should we do about it? These questions are increasingly relevant in public policy discussions. The past decade has witnessed the rise of populism and an increasing sense that politics is a game rigged to benefit certain classes of persons at the expense of others. Interestingly, this sense (...) of unfairness has been shared across the political spectrum though, of course, the left and right differ in both their moral diagnosis and their political prescription. Current debates over minimum wage laws, immigration reform, and undue corporate influence on politics can all be understood as drawing on and developing these concerns over exploitative political treatment. This book also draws upon the natural opportunities for interdisciplinary engagement that the topic of exploitation presents. Questions about exploitation often involve not only philosophical issues, but economic and political ones as well. The contributors to this volume add to that breadth of knowledge. With the re-emergence of Politics, Philosophy, and Economics (PPE) as a burgeoning field of academic inquiry, now is the perfect time to explore issues of exploitation in an interdisciplinary, public-policy focused context. This books is essential reading for anyone interested in exploitation theory, and in PPE more generally. (shrink)

In this paper, the notion of structural completeness is explored in the context of a generalized class of superintuitionistic logics involving also systems that are not closed under uniform substitution. We just require that each logic must be closed under D-substitutions assigning to atomic formulas only ∨\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\vee $$\end{document}-free formulas. For these systems we introduce four different notions of structural completeness and study how they are related. We focus on superintuitionistic inquisitive logics (...) that validate a schema called Split and have the disjunction property. In these logics disjunction can be interpreted in the sense of inquisitive semantics as a question forming operator. It is shown that a logic is structurally complete with respect to D-substitutions if and only if it includes the weakest superintuitionistic inquisitive logic. Various consequences of this result are explored. For example, it is shown that every superintuitionistic inquisitive logic can be characterized by a Kripke model built up from D-substitutions. Additionally, we resolve a conjecture concerning superintuitionistic inquisitive logics due to Miglioli et al.. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Northern researchers and service providers espousing modernist theories of development in order to understand and aid countries and peoples of the South ignore their own non-universal starting points of knowledge and their own vested interests. Universal ethics are rejected in favor of situated ethics, while a modified empowerment development model for aiding women in the South based on poststructuralism requires building a bridge identity politics to promote participatory democracy and challenge Northern power knowledges.

What is wrong with colonialism? The standard—albeit often implicit—answer to this question has been that colonialism was wrong because it violated the territorial rights of indigenous peoples, where territorial rights were grounded on acquisition theories. Recently, the standard view has come under attack: according to critics, acquisition based accounts do not provide solid theoretical grounds to condemn colonial relations. Indeed, historically they were used to justify colonialism. Various alternative accounts of the wrong of colonialism have been developed. According to some, (...) colonialism involved a violation of territorial rights grounded on legitimate state theory. Others reject all explanations of colonialism's wrongfulness based on territorial rights, and argue that colonial practices were wrong because they departed from ideals of economic, social, and political association. In this article, we articulate and defend the standard view against critics: colonialism involved a procedural wrong; this wrong is not the violation of standards of equality and reciprocity, but the violation of territorial rights; and the best foundation for such territorial rights is acquisition based, not legitimacy based. We argue that this issue is not just of historical interest, it has relevant implications for the normative evaluation of contemporary inequalities. (shrink)

Background: According to the Declaration of Helsinki, patients who take part in a clinical trial must be adequately informed about the trial's aims, methods, expected benefits, and potential risks. The declaration does not, however, elaborate on what “adequately informed” might amount to, in practice. Medical researchers and Local Research Ethics Committees attempt to ensure that the information which potential participants are given is pitched at an appropriate level, but few studies have considered whether the patients who take part in such (...) trials feel they have been given adequate information, or whether they feel able to understand that information.Objectives: To explore trial participants' views on the amount of information provided, and of their own understanding of that information.Design: Structured interviews of patients participating in clinical trials for the treatment of chronic medical condition.Findings: Patients generally felt they were given an appropriate amount of information, and that they were able to understand all or most of it. They felt they were given adequate time to ask questions before agreeing to take part. In comparison with treatment given outwith the research setting, patients generally felt they received more information when participating in a clinical trial.Conclusions: Researchers sometimes complain that patients are given too much information during clinical trials, and have limited understanding of that information. The present study shows that this perception is not necessarily shared by patients. More research is needed in this area, particularly to gauge whether patient understanding is indeed accurate. (shrink)

Exploitation: Perspectives from Philosophy, Politics, and Economics brings together recent work on the topic of exploitation from philosophy, political science, and economics in one volume, organized around three main questions: What is exploitation? Why is exploitation wrong? What should we do about it? These questions are increasingly relevant in public policy discussions. The past decade has witnessed the rise of populism and an increasing sense that politics is a game rigged to benefit certain classes of persons at the expense of (...) others. Interestingly, this sense of unfairness has been shared across the political spectrum though, of course, the left and right differ in both their moral diagnosis and their political prescription. Current debates over minimum wage laws, immigration reform, and undue corporate influence on politics can all be understood as drawing on and developing these concerns over exploitative political treatment. At the same time, the literature on exploitation has blossomed. What was once a topic of relatively narrow interest to philosophers working in the tradition of analytical Marxism has been reinvigorated and diversified. The essays in this book both represent and extend that diversity. While the condition of labor remains an important and central topic, the current volume extends the analysis to such neglected topics as the relationship between children and parents, interactions between states, and interactions between generations. (shrink)

The aim of this essay is to rethink classic issues of freedom and moral responsibility in the context of feminist and antiracist theories of male and white domination. If personal identities are socially constructed by gender, race and ethnicity, class and sexual orientation, how are social change and moral responsibility possible? An aspects theory of selfhood and three reinterpretations of identity politics show how individuals are morally responsible and nonessentialist ways to resist social oppression.

In the United States, there is a long history of racial disparities in maternal health, with Black women disproportionately representing poor maternal health outcomes. Black women are three to four times more likely to die from a pregnancy‐related complication and twice as likely to experience severe maternal morbidity when compared to white women. Where are nurses in the development of knowledge to improve maternal health outcomes among Black birthing people? This dialogue discusses how decolonizing nursing can occur by examining the (...) history of Black maternal health in the United States and using the works of nursing scholars of color to inform nursing education, research, and clinical practice. (shrink)

In early visits to Lothlorien—which is a loosely Pagan community of environmentalists in Indiana—I was confounded by attempts to categorize either the place or the people. As one of the founders said, “I tend to run from labels so I don't know what I am. It's safer that way.” In this paper I explore four members’ narratives about the emotional high points in their lives, where they often cross the usual boundaries of self and other. At the same time the (...) subjectivity at the core of these experiences is something that is felt and that cannot be dismissed as a discursive construct. Through these narratives I attempt to understand selfhood as a process—experientially inescapable but essentially in flux. I see a strong case for anthropologists moving beyond an overly neat, overly dichotomized view of “Western” and “non-Western” senses of self. (shrink)

Punishment misunderstood -- The ratchet effect in theory -- The mixed signs in suffering -- The legal punishers -- The legally punished -- The punitive impulse in American society -- The law against itself -- Coda : the psychology of punishment.

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather (...) than simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

The notion of exploitation is prominent in political discourse and policy debates. It is central in analyses of labour relations, especially focusing on the weakest segments of the labour force including women and children. It features in controversies on surrogate motherhood, and on drug-testing and the price of life-saving drugs, especially in developing countries.

Only rarely have feminist theorists addressed the adequacy of just -war theory, a set of principles developed over hundreds of years to assess the justice of going to war and the morality of conduct in war. Recently, a few feminist scholars have found just -war theory inadequate, yet their own counterproposals are also deficient. I assess feminist contributions to just -war theorizing and suggest ways of strengthening, rather than abandoning, this moral approach to war.

Introduction: "we are all Egypt" -- The allure of commonality -- Sharing the world in common with others -- Imagining the demos: sharing identity in feminist and democratic theory -- Politicizing the demos: sharing affect as self-conscious world-building -- Pluralizing the demos: sharing agency and the dilemma of democratic exclusion -- "This is what democracy looks like": protests as democratic imaginary.

Lovescapes introduces the reader to the various meanings and manifestations of love and its many cognates such as compassion, caring, altruism, empathy, and forgiveness. It addresses how love and compassion have been understood in history and the religions of the world. It goes on to explore the ways that our environments and heredity influence our capacity to love and suggests ways to cultivate love and compassion in one's life. The book shows how the values of love and compassion are integral (...) to finding humane solutions to the daunting problems we face as individuals, as a human family, and as an earth community--a world in crisis. (shrink)

From the early modern period to well into the eighteenth century, cattle plagues, murrains, or what were called “great cattle mortalities” were often analogized to bubonic plague; felling animals in devastating numbers, these catastrophes likewise afflicted living creatures on a grand scale. Three Enlightenment cattle pandemics (1709–1720, 1742–1760, and 1768–1786) propelled governments across Europe to enact harsh regulatory measures, including widespread slaughters, quarantines, and major disruptions of trade. This article examines works by Theophilus Lobb, Richard Bradley, Nathaniel Hodges, and Daniel (...) Defoe, among other writers and physicians, who responded differently to the ways in which human and animal health were biophysically and imaginatively linked. (shrink)

From the early modern period to well into the eighteenth century, cattle plagues, murrains, or what were called “great cattle mortalities” were often analogized to bubonic plague; felling animals in devastating numbers, these catastrophes likewise afflicted living creatures on a grand scale. Three Enlightenment cattle pandemics (1709–1720, 1742–1760, and 1768–1786) propelled governments across Europe to enact harsh regulatory measures, including widespread slaughters, quarantines, and major disruptions of trade. This article examines works by Theophilus Lobb, Richard Bradley, Nathaniel Hodges, and Daniel (...) Defoe, among other writers and physicians, who responded differently to the ways in which human and animal health were biophysically and imaginatively linked. (shrink)