What is law? Does it have a purpose? What is its relationship with justice? Do we have a moral duty to obey the law? These sorts of questions lie at the heart of jurisprudence. Moreover, every substantive or 'black letter' branch of the law raises questions about its own meaning and function. The law of contract cannot be properly understood without an appreciation of the concepts of rights and duties. The law of tort is directly related to several economic theories (...) of compensation. The criminal law is inextricably linked to philosophies of punishment? Understanding Jurisprudence explores these problems and provides an engaging introduction to the central issues of legal theory. The book navigates the reader through legal philosophy's fundamental concepts, concerns, and controversies. An experienced teacher of jurisprudence and distinguished writer in the field, Professor Wacks adopts an approach that is easy to follow and understand without avoiding the complexities and subtleties of the subject. Students of law, politics, philosophy, and other social sciences will find this an ideal guide to the essential themes of contemporary jurisprudence. Online Resource Centre A free online resource accompanies the book and provides the following resources: Analysis of current controversies of a jurisprudential nature such as current legal and moral controversies and political debates An additional chapter providing guidance and advice on the study of jurisprudence An interactive glossary of key terms relating to legal theory Further reading, including links to full text journal articles Questions and answers Useful Web links to support learning. (shrink)

Raymond Wacks is Emeritus Professor of Law and Legal Theory at the University of Hong Kong.

Artistic Medium Artistic medium is an art critical concept that first arose in 18th century European discourse about art. Medium analysis has historically attempted to identify that out of which works of art and, more generally, art forms are created, in order to better articulate norms or standards by which works of art and art … Continue reading Artistic Medium →.

Developing a boundary-crossing ethics by paying attention to our stories, myths, and moral intuition.

Margaret Whitford's study provides the ideal introduction to Irigaray's thought, offering a sustained interpretation of her whole corpus, including previously untranslated French texts. Whitford suggests that Irigaray's work should be seen as "philosophy in the feminine," actively opposing the complicity of philosophy with other social practices which exclude or marginalize women.

Through the use of particular pedagogies and the adoption of new modes of thinking, physical literacy promises more realistic models of physical competence and ...

History is useful when it is used properly: to understand why we and those we must deal with think and react in certain ways. It can offer examples to inform our decisions and guesses about the consequences of our actions. But we should be wary of looking to history for dogmatic lessons.We should distrust those who abuse history when they call on it to justify unreasonable claims to land, for example, or restitution. MacMillan illustrates how dangerous history can be in (...) the hands of nationalistic or religious or ethnic leaders who use it to foster a sense of grievance and a desire for revenge. (shrink)

This new volume in the acclaimed Oxford Readings in Philosophy sereis offers a selection of the most important philosophical work being done in the new and fast-growing interdisciplinary area of artificial life. Artificial life research seeks to synthesize the characteristics of life by artificial means, particularly employing computer technology. The essays here explore such fascinating themes as the nature of life, the relation between life and mind, and the limits of technology.

In this wide-ranging interview Professor Margaret Archer discusses a variety of aspects of her work, academic career and influences, beginning with the role the study of education systems played in...

This Australian text provides students with accessible coverage of the central areas of the jurisprudence course. It examines: asking the law question; common law theory; positivism and natural law; legal service; critical legal studies; feminism; post-modernism; and deconstruction.

This paper argues that there is a distinctive vice of hypocrisy, which is Janus-faced. The vice of hypocrisy is the self-excepting avoidance of a particular pain, namely, the pain associated with being an object of blame one believes deserved. One can self-exceptingly avoid this pain attitudinally or behaviorally. With “attitudinal” hypocrisy, a person avoids it at the level of her beliefs: she avoids forming the belief that she is blameworthy for some act, while blaming others for their comparable acts. With (...) “behavioral” hypocrisy, by contrast, a person avoids it at the level of her behavior. She shields herself from the blame she believes her acts merit (e.g. by hiding what she has done), while blaming others for their comparable acts. The paper argues that both forms of hypocrisy are objectionable and explains how they are in tension, such that a given instance of the vice will typically involve only one or the other. Though both attitudinal and behavioral hypocrisy selectively spare the hypocrite the same pain, they require incongruous moral-psychological states: the attitudinal hypocrite avoids blaming herself, while the behavioral hypocrite proceeds on the assumption she is blameworthy. (shrink)

Humanity and the very notion of the human subject are under threat from postmodernist thinking which has declared not only the 'Death of God' but also the 'Death of Man'. This book is a revindication of the concept of humanity, rejecting contemporary social theory that seeks to diminish human properties and powers. Archer argues that being human depends on an interaction with the real world in which practice takes primacy over language in the emergence of human self-consciousness, thought, emotionality and (...) personal identity - all of which are prior to, and more basic than, our acquisition of a social identity. This original and provocative new book from leading social theorist Margaret S. Archer builds on the themes explored in her previous books Culture and Agency (CUP 1988) and Realist Social Theory (CUP 1995). It will be required reading for academics and students of social theory, cultural theory, political theory, philosophy and theology. (shrink)

How is it possible to think new thoughts? What is creativity and can science explain it? And just how did Coleridge dream up the creatures of The Ancient Mariner? When The Creative Mind: Myths and Mechanisms was first published, Margaret A. Boden's bold and provocative exploration of creativity broke new ground. Boden uses examples such as jazz improvisation, chess, story writing, physics, and the music of Mozart, together with computing models from the field of artificial intelligence to uncover the (...) nature of human creativity in the arts. The second edition of The Creative Mind has been updated to include recent developments in artificial intelligence, with a new preface, introduction and conclusion by the author. It is an essential work for anyone interested in the creativity of the human mind. (shrink)

The central problem of social theory is 'structure and agency'. How do the objective features of society influence human agents? Determinism is not the answer, nor is conditioning as currently conceptualised. It accentuates the way structure and culture shape the social context in which individuals operate, but it neglects our personal capacity to define what we care about most and to establish a modus vivendi expressive of our concerns. Through inner dialogue, 'the internal conversation', individuals reflect upon their social situation (...) in the light of current concerns and projects. On the basis of a series of unique, in-depth interviews, Archer identifies three distinctive forms of internal conversation. These govern agents' responses to social conditioning, their individual patterns of social mobility and whether or not they contribute to social stability or change. Thus the internal conversation is seen as being the missing link between society and the individual, structure and agency. (shrink)

For those open to the possibility that philosophical thought can improve life, David Hume's Essays: Moral, Political, and Literary have something to say. In the first comprehensive study of the Essays, Margaret Watkins engages closely with these neglected texts and shows how they provide important insights into Hume's perspective on the breadth and depth of human life, arguing that the Essays reveal his continued commitment to philosophy as a discipline that can promote both social and individual progress. Addressing topics (...) such as politics, war, slavery, the priesthood, the development of industry, aesthetics, emotional disorders, egoism, friendship, sexuality, gender relations, and the nature of philosophy itself, the volume examines Hume's purposes and aims against the backdrop of the eighteenth century society in which he lived. It will be of interest to scholars of modern thought in philosophy, politics, history, and economics. (shrink)

In recent years, the free market position has been gaining strength. In this book, Radin provides a nuanced response to its sweeping generalization.

What is privacy? Why do we need it and value it so much? This Very Short Introduction examines why privacy has become one of the most important topics in contemporary society. Considering issues of privacy in relation to security, the protection of personal data, and the paparazzi, its implications are wide-ranging and affect us all.

An essential work for anyone interested in the creativity of the human mind, "The Creative Mind" has been updated to include recent developments in artificial ...

Recognition of Hannah Arendt's contribution to the history of western philosophy is long overdue. Arendt was a 'political thinker', but this book highlights the importance of her ontological preoccupations for an understanding of her work.

Anscombe guides us through the Tractatus and, thereby, Wittgenstein's early philosophy as a whole. She shows in particular how his arguments developed out of the discussions of Russell and Frege. This reprint is of the fourth, corrected edition.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Testimony of Sense: Empiricism and the Essay from Hume to Hazlitt by Tim MilnesMargaret WatkinsTim Milnes. The Testimony of Sense: Empiricism and the Essay from Hume to Hazlitt. Oxford: Oxford University Press, 2019. Pp. viii + 278. Hardback. ISBN: 9780198812739. $91.00.In his brief autobiography, “My Own Life,” Hume reports that “almost all [his] life has been spent in literary pursuits and occupations” (E-MOL: xxxi). This is one (...) of at least ten places in this brief work in which he associates himself with “letters” or “literature”—as compared to at most four associations with philosophy. The moral to be inferred is not that Hume considered himself not to be a philosopher. Rather, he conceived of philosophy as a kind of literature. The Treatise was itself a “literary attempt.” Indeed, opposition between the “literary” and “philosophical” aspects of a text would have been foreign to Hume and his contemporaries—a notion for a later age, despite his occasional loose distinction between the relevant genres, as in his list of writings “historical, philosophical, or literary” in “My Own Life” (E-MOL: xxxvi).Yet despite Hume’s own understanding of the continuity between philosophy and literature, broadly conceived, it is still common for contemporary philosophers to ignore literary questions in their examination of Hume’s work, or to presume that one can easily distinguish the “philosophical” parts from the “literary” ones. Tim Milnes’s The Testimony of Sense is therefore a welcome addition to the Hume literature (pun intended). With a particular focus on the essay—a genre of great importance to Hume—Milnes contributes to the small set of engagements with Hume from the disciplinary perspective of English literature. With training in both philosophy and literature, as well as established expertise on Romanticism and its own essays, Milnes is well-qualified for the task. The Testimony of Sense includes sustained engagement with Hume’s contemporaries and successors, but for the purposes of this review, I engage the book primarily as a Hume scholar for Hume scholars.Milnes’s story plays out in three acts. The first establishes the need for public trust created by a skeptical crisis, itself a product of Hume’s criticism of the epistemic program of thinkers in the Cartesian and Lockean traditions. The second explains how the essays of the long eighteenth century constitute a response to that need in various ways. The third reveals in detail how the Romantic essayists, particularly William Hazlitt and Charles Lamb, both respond to and deviate from the “neoclassical” essayists, typified by Hume and Samuel Johnson.The first chapter, “Self and Intersubjectivity,” lays the groundwork by articulating how Hume, Adam Smith, Thomas Reid, and Dugald Stewart identify the need for what we now call intersubjectivity. Milnes describes the common thread as a kind of “natural transcendentalism.” In what sense are these thinkers properly understood as [End Page 175] transcendentalists? The central idea seems to be that all posit things other than reason as “conditions of meaningful thought” (72). For Hume, it is the social, linguistic experience of a community of virtuous judges. The intricate relations between self and other essential to such a community get “internalized within the specular drama of the impartial spectator” (72) in Smith’s writing, which itself takes part in the drama through his “halting, qualified syntax” that mimics “everyday speech” (44). Reid posits a “prescience” of trust, which grounds our reliance on both human testimony and the uniformity of nature, itself undergirded by the design of a benevolent God. Stewart, who posits axiomatic truths that help constitute the “stamina of intellect,” goes furthest, actually calling these truths transcendental (55). This chapter also puts these eighteenth-century thinkers in conversation with twentieth-century theorists, including Habermas, Davidson, and Rorty.Chapter 2, “The Subject of Trust,” deepens the analysis by situating these “natural transcendentalisms” in the broader enlightenment context. In contrast to Descartes, Bacon, and Locke, who were suspicious of our reliance on the opinions of others, the eighteenth-century thinkers understand trust as prior to reason in various ways—though not prior to solidarity. The particulars in each case depend on their responses to skepticism and their accounts of the relation between... (shrink)

Involuntary psychiatric commitment for suicide prevention and physician aid-in-dying (PAD) in terminal illness combine to create a moral dilemma. If PAD in terminal illness is permissible, it should also be permissible for some who suffer from nonterminal psychiatric illness: suffering provides much of the justification for PAD, and the suffering in mental illness can be as severe as in physical illness. But involuntary psychiatric commitment to prevent suicide suggests that the suffering of persons with mental illness does not justify ending (...) their own lives, ruling out PAD. Since both practices have compelling underlying justifications, the most reasonable accommodation might seem to be to allow PAD for persons with mental illness whose suffering is severe enough to justify self-killing, but prohibit PAD for persons whose suffering is less severe. This compromise, however, would require the articulation of standards by which persons’ mental as well as physical suffering could be evaluated. Doing so would present a serious philosophical challenge. (shrink)

Cognitive science is the project of understanding the mind by modelling its workings. Its development is one of the most remarkable and fascinating intellectual achievements of the modern era. Mind as Machine is a masterful history of cognitive science, told by one of its most eminent practitioners.

Margaret Canovan argues in this book that much of the published work on Arendt has been flawed by serious misunderstandings, arising from a failure to see her work in its proper context. The author shows how such misunderstanding was possible, and offers a fundamental reinterpretation, drawing on Arendt's unpublished as well as her published work, which sheds new light on most areas of her thought.

Since the publication of Roy Bhaskar's A Realist Theory of Science in 1975, critical realism has emerged as one of the most powerful new directions in the philosophy of science and social science, offering a real alternative to both positivism and postmodernism. This reader makes accessible in one volume key readings to stimulate debate about and within critical realism, including: the transcendental realist philosophy of science elaborated in A Realist Theory of Science ; Bhaskar's critical naturalist philosophy of social science; (...) the theory of explanatory critique, which is central to critical realism; and the theme of dialectic, which is central to Bhaskar's most recent writings. The volume includes extracts from Bhaskar's most important books, as well as selections from all of the other most important contributors to the critical realist program. It also includes both a general introduction and original introductions to each section. (shrink)

In this view from 2007–2009, the ethical challenges facing a potential global effort to control infectious disease are explored; they provide sobering insight into the challenges of later decades. Despite the devastating pandemic of HIV/AIDS that erupted in the early 1980s, despite the failure to eradicate polio and the emergence of resistant forms of tuberculosis that came into focus in the 1990s, and despite newly emerging diseases like Severe Acute Respiratory Syndrome (SARS) in 2003 and the fearsome prospect of human-to-human (...) avian flu, it is nevertheless a time of some excitement over prospects for effective control of much of infectious disease. Funded by national and international governmental and nongovernmental organizations (NGOs), private foundations, and even popular entertainers, large-scale new efforts are under way to address global killers like AIDS, tuberculosis, and malaria, among others. This “marvelous momentum” can be seen as part of a continuing effort from the time of Jenner onward. Extrapolating from this, we explore the notion of a “comprehensive global effort for the eradication, elimination or control of infectious disease”, with particular attention to the ethical issues that arise. This is to “think big” about disease-control efforts that are now often done in piecemeal ways. This chapter identifies five tracks along which such efforts need to be pursued: (1) national and international organizations and the development of collective will; (2) epidemiological and health care infrastructure; (3) scientific development; (4) religious, social, and cultural considerations; (5) legal and social protections for individuals and groups. Each of these poses significant ethical issues which, we argue, should be viewed in a comprehensive way, to ensure that practice, research, and policy in each of these areas understands the person with communicable infectious disease as both victim and (potential) vector. (shrink)

After a century of major technicaladvance, essentially achieved by and for theindustrialized countries, the evolution of thefood sector in southern countries should nolonger be thought of in terms of a ``headlongpursuit.'' In the present context of demographicgrowth, urbanization, poverty and disparities,environmental degradation, and globalization oftrade, new priorities have emerged, and newethical questions have been raised, mainlyrelated to sustainability and equity. Thispaper analyses these ethical concerns in thefollowing terms: can the model of food sectordevelopment initiated by the industrializedcountries be applied to (...) the entire world on asustainable and equitable basis, given theeffects of this development with regard to theenergy consumed, the changes in dietarybehavior and related nutritional problems, thenew demands in terms of food safety, thequestions of biodiversity, ownership ofknowledge, cultural identities, gender issues,and Man's relationship to food and Nature? (shrink)

Situations in which patients lack medical decision-making (MDM) capacity raise ethical challenges, especially when the patients decline care that their surrogate decision makers and/or clinicians agree is indicated. These patients are a vulnerable population and should receive treatment that is the standard of care, in line with their the values of their authentic self, just as any other patient would. But forcing treatment on patients who refuse it, even though they lack capacity, carries medical and psychological risks to the patients (...) and the hospital staff. It is also often impractical to force some treatments, especially in the long term. For example, independent of the ethical “should” question, how would one force hemodialysis for the rest of a patient’s life, or force a surgery that requires weeks of post-operative physical therapy? In this article we present a novel algorithm that can help clinicians with ethical and practical decision making, with the goals of achieving the best outcomes for patients and reducing moral distress for their caretakers and clinicians. (shrink)

Cybervetting has become common practice in personnel decision-making processes of organizations. While it represents a quick and inexpensive way of obtaining additional information on employees and applicants, it gives rise to a variety of legal and ethical concerns. To limit companies’ access to personal information, a _right to be forgotten_ has been introduced by the European jurisprudence. By discussing the notion of forgetting from the perspective of French hermeneutic philosopher Paul Ricoeur, the present article demonstrates that both, companies and employees, (...) would be harmed if access to online information on applicants and current employees would be denied. Consistent with a Humanistic Management approach that promotes human dignity and flourishing in the workplace, this article proposes guidance for the responsible handling of unpleasant online memories in personnel decision-making processes, thereby following Ricoeur’s notion of forgetting as “kept in reserve”. Enabling applicants and employees to take a qualified stand on their past is more beneficial to both sides than a right to be forgotten that is questionable in several respects. (shrink)

Margaret Otlowski investigates the complex and controversial issue of active voluntary euthanasia. She critically examines the criminal law prohibition of medically administered active voluntary euthanasia in common law jurisdictions, and carefully looks at the situation as handled in practice. The evidence of patient demands for active euthanasia and the willingness of some doctors to respond to patients' requests is explored, and an argument for reform of the law is made with reference to the position in the Netherlands (where active (...) voluntary euthanasia is now openly practiced). (shrink)

What is the mind? How does it work? How does it influence behavior? Some psychologists hope to answer such questions in terms of concepts drawn from computer science and artificial intelligence. They test their theories by modeling mental processes in computers. This book shows how computer models are used to study many psychological phenomena--including vision, language, reasoning, and learning. It also shows that computer modeling involves differing theoretical approaches. Computational psychologists disagree about some basic questions. For instance, should the mind (...) be modeled by digital computers, or by parallel-processing systems more like brains? Do computer programs consist of meaningless patterns, or do they embody (and explain) genuine meaning? (shrink)

"Most modern legal theorists seek to limit their enquiries to a particular sort of law, on the assumption that law is necessarily restricted in its interactions with other social practices. margaret Davies deliberately - and provocatively - questions the usefulness of such 'positivist' dogmas, asserting that the law can and should be seen as multi-dimensional. Davies argues that the law is everywhere - in metaphysics, the social environment, language and the psyche. In a persuasive meeting of postmodern discourse, deconstruction, (...) feminism and legal theory, Davies creates new ways of thinking about the law by creating links with other practices and disciplines where none previously existed. This is a powerful critique of the ideology and theory of law in the West, providing a much-needed link between conventional legal philosophy and modern movements in legal theory." --From back cover. (shrink)

Learn how to think beyond the theoretical in any environment. "Ethics & Issues in Contemporary Nursing, 1st Edition" examines the latest trends, principles, theories, and models in patient care to help you learn how to make ethically sound decisions in complex and often controversial situations. Written from a global perspective, examples throughout the text reflect current national and international issues inviting you to explore cases considering socio-cultural influences, personal values, and professional ethics. Historical examples demonstrate how to think critically while (...) upholding moral and professional standards, as well as the law. Key topics throughout explore advocacy and rights, diversity, nurse burnout, mass casualty events, social media, violence in the workplace, medication error prevention, opioid and other substance use, HIPAA, and healthcare reform. In addition, this new title contains supplemental case studies and review questions to further challenge and prepare you to make morally sound decisions in any healthcare setting. -- From product description. (shrink)

This title explores how human commitments, rooted in the story of God's love, are acts of free choice and love. Farley reflects on the concrete experiences of people who strive to be faithful to what they have claimed to love: 'My concern is to name something that I think is, after all, common to all of our lives - an experience, a reality, perhaps a problem, a challenge, something that is sometimes a source of joy, sometimes a cause of tragedy'. (...) Farley explores the nature nad meaning of commitment as it is played out in our lives, addressing love, fidelity, a sense of obligation, and covenant. (shrink)

Prepare for practice with the essential text dedicated to Canadian legal and ethical issues! Focused solely on the ever-changing, and often complex health care landscape in Canada, Ethical & Legal Issues in Canadian Nursing 4th, Edition expertly covers the often intertwined ethical and legal issues that health care professionals face today. This fourth edition includes discussion points at the end of every chapter along with tables and illustrations to help you fully comprehend the material. Plus, the clear and straightforward writing (...) style presents information just as you will encounter it in your day-to-day practice, ensuring you're even more prepared to make an impact from the start! -- From the publisher. (shrink)

By observing how fatalism expresses itself in one's daily life, in everything from table manners to shopping to sport, the book proposes ways to limit its influence.

A timely and penetrating investigation, this book seeks to transform moral philosophy. In the face of continuing disagreement about which general moral principles are correct, there has been a resurgence of interest in the idea that correct moral judgements can be only about particular cases. This view--moral particularism --forecasts a revolution in ordinary moral practice that has until now consisted largely of appeals to general moral principles. Moral particularism also opposes the primary aim of most contemporary normative moral theory that (...) attempts to show that either one general principle, or a set of general principles, is superior to all its rivals. (shrink)