This article seeks to trace the origins of the requirement that a squatter must have an intention to possess (animus possidendi) in order to establish title by adverse possession. The requirement has been confirmed by the House of Lords in the recent case of Pye (Oxford) Ltd v Graham [2003] 1 AC 419. Its origins can readily be traced back to the decision of the Court of Appeal in Littledale v Liverpool College [1900] 1 Ch 19, but there is little (...) evidence of any need for intention before that case, and no convincing authority is cited for it. Possible explanations for the source of this requirement are considered by the article (for instance cases on re-entry by landlords and the so-called ‘found chattel’ cases), but these are ultimately rejected. The article goes on to suggest that the reason for this is that the intention requirement was ‘imported’ into English law from German Pandectist writers of the nineteenth century. It suggests that Littledale was the case in which this happened. It seeks to support this hypothesis by reference to biographical details of Lindley MR, who gave the leading judgment in Littledale, and who not only trained in part in Germany but also took an active interest in German scholarship of the time. A brief survey of the relevant German sources is undertaken, focusing primarily on the work of Savigny, but also considering the rival theory of Jhering. Finally, it tracks the development and refinement of the content of animus possidendi, first by 19th century legal scholars and then by 20th century judges, to make it ‘fit’ with English property law. It seeks to address the question of whether the animus possidendi requirement is a free-standing element (the ‘strong’ will theory), or whether it is simply implied from the acts of the squatter (the ‘weak’ will theory), and suggests a solution by reference to the German sources and later English cases. Finally, it considers how the House of Lords decision in Pye reflects the logical culmination of the acceptance of this ‘legal transplant’ into the common law. (shrink)

This collection of essays explore the long-standing,intricate relationship between law and faith. Faith in this context is to be read in the broadest sense, as extending beyond religion to embrace the knowledge, beliefs, understandings and practices which are at work alongside the familiar and seemingly more reliable, trusted and relatively certain content and conventionally accepted methods of law and legal reasoning. The essays deal with three broad themes. The first concerns the extent to which faith should be involved in legal (...) decision making. Ought decisions to aspire simply to right reason or ought faith-based models of decision-making to be incorporated into the legal system? If the latter, how is this best done? Ought faith to operate simply as a reason itself or ought it to help to structure the method by which legal decisions are reached? The second, and perhaps most familiar theme, stemming in part from rights discourse, is the extent to which law does, and ought to, respect the rights of those whose religious beliefs conflict with the dominant social norms and practices. Liberal democratic constitutions typically provide protection for religion and religious beliefs. Are these justified, and if so how? Can such protection as exists suffice from the perspective of the faithful, or does law's otherwise pervasive agnosticism make this impossible or illusory? Thirdly, questions of identity and difference arise. Assuming that most societies remain a mix of many faiths (religious and secular) and no faith, how should law and legal theory understand the varying and, it must be said, conflicting claims for recognition. Should we encourage conformity in the hope of reducing friction, or should we preserve and promote difference, seeking to understand others, whether groups or individuals, without removing that which makes them distinct? More radically and controversially, should we be more sceptical of individual and group claims to authenticity and see them rather as strategies in an ongoing power game? Faith after all, like reason and law, has never been far from politics and intrigue, especially in its institutional representation. Contributors: Zenon Bankowski, Anthony Bradney, Claire Davis, John Gardner, Adam Gearey, Tim Macklem, Maleiha Malik, Victor Tadros. (shrink)

The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.

A Teacher's Manual for this book will be available online at www.temple.edu/tempress.

Law as a leap of faith -- Legal positivism : 5 1/2 myths -- Some types of law -- Can there be a written constitution? -- How law claims, what law claims -- Nearly natural law -- The legality of law -- The supposed formality of the rule of law -- Hart on legality, justice, and morality -- The virtue of justice and the character of law -- Law in general.

This chapter defends a deontological approach to both the non-identity problem and what is referred to as the “inconsequentiality problem.” Both problems arise in cases where, although the actions of presently living people appear to have harmful consequences for future people, it is difficult to explain why there are moral reasons against such actions. The deontological response to both problems appeals to a distinction between causal and non-causal consequences. By acknowledging the moral importance of such a distinction, deontologists can vindicate (...) the judgment that, collectively and individually, we have harm-based reasons against bringing about bad consequences for future people. (shrink)

This paper reviews the hole argument as an argument against spacetime substantivalism. After a careful presentation of the argument itself, I critically review possible responses.

What is morality? How many moral values are there? And what are they? According to the theory of morality-as-cooperation, morality is a collection of biological and cultural solutions to the problems of cooperation recurrent in human social life. This theory predicts that there will be as many different types of morality as there are different types of cooperation. Previous research, drawing on evolutionary game theory, has identified at least seven different types of cooperation, and used them to explain seven different (...) types of morality: family values, group loyalty, reciprocity, heroism, deference, fairness and property rights. Here we explore the conjecture that these simple moral ‘elements’ combine to form a much larger number of more complex moral ‘molecules’, and that as such morality is a combinatorial system. For each combination of two elements, we hypothesise a candidate moral molecule, and successfully locate an example of it in the professional and popular literature. These molecules include: fraternity, blood revenge, family pride, filial piety, gavelkind, primogeniture, friendship, patriotism, tribute, diplomacy, common ownership, honour, confession, turn taking, restitution, modesty, mercy, munificence, arbitration, mendicancy, and queuing. These findings indicate that morality – like many other physical, biological, psychological and cultural systems – is indeed a combinatorial system. Thus morality-as-cooperation provides a principled and powerful theory, that explains why there are many moral values, and successfully predicts what they will be; and it generates a systematic framework that has the potential to explain all moral ideas, possible and actual. Pursuing the many implications of this theory will help to place the study of morality on a more secure scientific footing. (shrink)

Despite its importance in the history of philosophy, the work of the Spanish thinker Averro"es (1126-1198) has been left largely unexplored in this century. This book is the only general account of Averro"es' philosophy in English. Leaman analyzes his thought and influence, particularly his metaphysics and theory of meaning, arguing that while his work belongs within the cultural and political context of medieval Islam, it remains of considerable philosophical and historical significance.

This paper considers some aspects of the morality of complicity, understood as participation in the wrongs of another. The central question is whether there is some way of participating in the wrongs of another other than by making a causal contribution to them. I suggest that there is not. In defending this view I encounter, and resist, the claim that it undermines the distinction between principals and accomplices. I argue that this distinction is embedded in the structure of rational agency.

This article addresses the question of what it is that visual depictions of illness portray, particularly images executed by or on behalf of people who have suffered serious illness. It takes up two lines of inquiry, both to do with the work that such pictures might perform. On the one hand, as works of art, there are questions about the form of signification in visual representations of this kind. On the other, as works of illness, there are issues concerning the (...) role of image-making for sufferers bearing witness to their situation. The article examines the issue of what it is to look at pictures of bodies scarred by treatment for serious disease, and follows this into questions about what it is possible and necessary to show in order to render illness experience tangible. By examining, as exemplars, two particular images of sufferers, it is argued that such portrayals work not just through making visible certain objects for scrutiny, but by figuratively instantiating persons so as to produce a `vision of the non-visual'. In this way picturing illness finds its place in what might be called a politics of care. (shrink)

Introduction: The role of animals in philosophies of man -- Part I: What's wrong with animal rights? -- The right to remain silent -- Part II: Animal pedagogy -- You are what you eat : Rousseau's cat -- Say the human responded : Herder's sheep -- Part III: Difference worthy of its name -- Hair of the dog : Derrida's and Rousseau's good taste -- Sexual difference, animal difference : Derrida's sexy silkworm -- Part IV: It's our fault -- The (...) beaver's struggle with species-being : De Beauvoir and the praying mantis -- Answering the call of nature : Lacan walking the dog -- Part V: Estranged kinship -- The abyss between humans and animals : Heidegger puts the bee in being -- Strange kinship : Merleau-Ponty's sensuous stickleback -- Stopping the anthropological machine : Agamben's tick-tocking tick -- Psychoanalysis and the science of kinship -- Psychoanalysis as animal by-product : Freud's zoophilia -- Animal abjects, maternal abjects : Kristeva's strays -- Conclusion: Sustainable ethics. (shrink)

Explainable artificial intelligence (XAI) seeks to produce explanations for those machine learning methods which are deemed opaque. However, there is considerable disagreement about what this means and how to achieve it. Authors disagree on what should be explained (topic), to whom something should be explained (stakeholder), how something should be explained (instrument), and why something should be explained (goal). In this paper, I employ insights from means-end epistemology to structure the field. According to means-end epistemology, different means ought to be (...) rationally adopted to achieve different epistemic ends. Applied to XAI, different topics, stakeholders, and goals thus require different instruments. I call this the means-end account of XAI. The means-end account has a descriptive and a normative component: on the one hand, I show how the specific means-end relations give rise to a taxonomy of existing contributions to the field of XAI; on the other hand, I argue that the suitability of XAI methods can be assessed by analyzing whether they are prescribed by a given topic, stakeholder, and goal. (shrink)

English has plural terms as well as singular terms. But our standard formal languages, e.g., the predicate calculus, feature only singular terms. How can the plural idiom be formalized?‘Changing the subject’ is by far the most common plurals strategy among both philosophers and linguists: a plural term is replaced by a singular term standing for some complex object that ‘contains’ the individuals to which the plural term alludes. For example, one might simply replace ‘A, B imply C’ with ‘{A, B} (...) implies [singular] C’. We uncover a surprising variety of ways to change the subject, of ever‐increasing complexity and ingenuity. Our question is whether any can made to work. (shrink)

Substantivalists believe that spacetime and its parts are fundamental constituents of reality. Relationalists deny this, claiming that spacetime enjoys only a derivative existence. I begin by describing how the Galilean symmetries of Newtonian physics tell against both Newton's brand of substantivalism and the most obvious relationalist alternative. I then review the obvious substantivalist response to the problem, which is to ditch substantival space for substantival spacetime. The resulting position has many affinities with what are arguably the most natural interpretations of (...) special and general relativity. I move on to consider and reject two recent antisubstantivalist lines of thought. The interim conclusion is that the best argument for relationalism is an appeal to Ockham's razor. However, for this to be successful there must be genuine relationalist theories that share the theoretical virtues of their substantivalist rivals but without the additional ontological commitment. The bulk of the paper is therefore an investigation of various concrete relationalist proposals. I distinguish three options for the relationalist in the face of the success of Galilean invariant physics and trace how these generalise to relativistic physics. One of the options is particularly promising but, since its basic objects end up being spacetime points, this does not help the prospects of relationalism as traditionally conceived. I end with some reflections on the fate of substantivalism in the aftermath of the Hole Argument, concluding that we have as yet to be given good reasons to abandon the natural, substantivalist interpretation of current physics. (shrink)

The problems of evil and suffering have been extensively discussed in Jewish philosophy, and much of the discussion has centred on the Book of Job. In this study Oliver Leaman poses two questions: how can a powerful and caring deity allow terrible things to happen to obviously innocent people, and why have the Jewish people been so harshly treated throughout history, given their status as the chosen people? He explores these issues through an analysis of the views of Philo, (...) Saadya, Maimonides, Gersonides, Spinoza, Mendelssohn, Hermann Cohen, Buber, Rosenzweig, and post-Holocaust thinkers, and suggests that a discussion of evil and suffering is really a discussion about our relationship with God. (shrink)

Recent advances in evolutionary biology and ethology suggest that humans are not the only species capable of empathy and possibly morality. These findings are of no little consequence for theology, given that a nonhuman animal as a free moral agent would beg the question if human beings are indeed uniquely created in God's image. I argue that apes and some other mammals have moral agency and that a traditional interpretation of the imago Dei is incorrectly equating specialness with exclusivity. By (...) framing the problem in terms of metaphor, following the work of Paul Ricoeur and Sallie McFague, I propose that the concept of the imago Dei could be extended to accommodate moral species other than our own. (shrink)

Prominent consumer depression manuals issued in recent years circulate a standard depression script as scientific knowledge. The script, asserting that a broad spectrum of depressions are brain illnesses that require antidepressant treatment, is in fact highly contested among researchers. This paper reviews the logical problematics of these manuals, and how such discourse promotes the diagnosis and pharmaceutical treatment of behaviors ranging from mild symptoms to severe depression. In keeping with the trends of pharmaceutical advertising and State health policy, these manuals (...) encourage consumers to self-scrutinize risky behavior, and to treat common behavioral and mood distresses with antidepressants. Ultimately, these activities of self-management function to produce a more productive citizen population. (shrink)

Ever since Eve tempted Adam with her apple, women have been regarded as a corrupting and destructive force. The very idea that women can be used as interrogation tools, as evidenced in the infamous Abu Ghraib torture photos, plays on age-old fears of women as sexually threatening weapons, and therefore the literal explosion of women onto the war scene should come as no surprise. From the female soldiers involved in Abu Ghraib to Palestinian women suicide bombers, women and their bodies (...) have become powerful weapons in the Afghanistan and Iraq wars. In _Women as Weapons of War_, Kelly Oliver reveals how the media and the administration frequently use metaphors of weaponry to describe women and female sexuality and forge a deliberate link between notions of vulnerability and images of violence. Focusing specifically on the U.S. campaigns in Afghanistan and Iraq, Oliver analyzes contemporary discourse surrounding women, sex, and gender and the use of women to justify America's decision to go to war. For example, the administration's call to liberate "women of cover," suggesting a woman's right to _bare_ arms is a sign of freedom and progress. Oliver also considers what forms of cultural meaning, or lack of meaning, could cause both the guiltlessness demonstrated by female soldiers at Abu Ghraib and the profound commitment to death made by suicide bombers. She examines the pleasure taken in violence and the passion for death exhibited by these women and what kind of contexts created them. In conclusion, Oliver diagnoses our cultural fascination with sex, violence, and death and its relationship with live news coverage and embedded reporting, which naturalizes horrific events and stymies critical reflection. This process, she argues, further compromises the borders between fantasy and reality, fueling a kind of paranoid patriotism that results in extreme forms of violence. (shrink)

Immanuel Kant is often considered to be the source of the contemporary idea of human dignity, but his conception of human dignity and its relation to human value and to the requirement to respect others have not been widely understood. Kant on Human Dignity offers the first in-depth study in English of this subject. Based on a comprehensive analysis of all the passages in which Kant uses the term ;dignity, as well as an analysis of the most prominent arguments for (...) a value of human beings in the Kant literature, the book carefully examines different ways of construing the relationship between dignity, value and respect for others. It takes seriously Kant s Copernican Revolution in moral philosophy: Kant argues that moral imperatives cannot be based on any values without yielding heteronomy. Instead it is imperatives of reason that determine what is valuable. The requirement to respect all human beings is one such imperative. Respect for human beings does not follow from human dignity for this would violate autonomy but is an unconditional command of reason. Following this train of thought yields a unified account of Kant s moral philosophy. (shrink)

First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

As a linguist, Julia Kristeva has pioneered a revolutionary theory of the sign in its relation to social and political emancipation; as a practicing psychoanalyst, she has produced work on the nature of the human subject and sexuality, and on the "new maladies" of today's neurotic. _The Portable Kristeva_ is the only fully comprehensive compilation of Kristeva's key writings. The second edition includes added material from Kristeva's most important works of the past five years, including _The Sense and Non-Sense of (...) Revolt_, _Intimate Revolt_, and _Hannah Arendt_. Editor Kelly Oliver has also added new material to the introduction, summarizing Kristeva's latest intellectual endeavors and updating the bibliography. (shrink)

The notion of a migration system is often invoked but it is rarely clearly defined or conceptualized. De Haas recently provided a powerful critique of the current literature highlighting some important flaws that recur through it. In particular, migration systems tend to be identified as fully formed entities, and there is no theorization as to how they come into being and how they break down. The internal dynamics which drive such changes are not examined. Such critiques of migration systems relate (...) to wider critiques of the concept of systems in the broader social science literature, where they are often presented as black boxes in which human agency is largely excluded. The challenge is how to theorize system dynamics in which the actions of people at one time contribute to the emergence of systemic linkages at a later time. This article focuses on the genesis of migration systems and the notion of pioneer migration. It draws attention both to the role of particular individuals, the pioneers, and also the more general activity of pioneering which is undertaken by many migrants. By disentangling different aspects of agency, it is possible to develop hypotheses about how the emergence of migrations systems is related to the nature of the agency exercised by different pioneers or pioneering activities in different contexts. Content Type Journal Article Category Article Pages 413-437 DOI 10.1558/jcr.v11i4.413 Authors Oliver Bakewell, International Migration Institute, University of Oxford Hein De Haas, International Migration Institute, University of Oxford Agnieszka Kubal, International Migration Institute, University of Oxford Journal Journal of Critical Realism Online ISSN 1572-5138 Print ISSN 1476-7430 Journal Volume Volume 11 Journal Issue Volume 11, Number 4 / 2012. (shrink)

The combination of increased availability of large amounts of fine-grained human behavioral data and advances in machine learning is presiding over a growing reliance on algorithms to address complex societal problems. Algorithmic decision-making processes might lead to more objective and thus potentially fairer decisions than those made by humans who may be influenced by greed, prejudice, fatigue, or hunger. However, algorithmic decision-making has been criticized for its potential to enhance discrimination, information and power asymmetry, and opacity. In this paper, we (...) provide an overview of available technical solutions to enhance fairness, accountability, and transparency in algorithmic decision-making. We also highlight the criticality and urgency to engage multi-disciplinary teams of researchers, practitioners, policy-makers, and citizens to co-develop, deploy, and evaluate in the real-world algorithmic decision-making processes designed to maximize fairness and transparency. In doing so, we describe the Open Algortihms project as a step towards realizing the vision of a world where data and algorithms are used as lenses and levers in support of democracy and development. (shrink)

John Earman's recent proposal that a substantive version of general covariance consists in the requirement that diffeomorphism invariance be a gauge symmetry is critically assessed. I argue that such a principle does not serve to differentiate general relativity from pre-relativistic theories. A model-theoretic characterization of two formulations of specially-relativistic theories is suggested. Diffeomorphisms are symmetries of only one such style of formulation and, I argue, Earman's proposal does not provide a reason to deny diffeomorphisms the status of gauge transformations relative (...) to this formulation. Carlo Rovelli's distinction between "passive" and "active" diffeomorphism invariance is also clarified. (shrink)