This book casts new light on the application of the principle of proportionality in international law. Proportionality is claimed to play a central role governing the exercise of public power in international law and has been presented as the 'ultimate rule of law'.

This article explores the challenge of developing a feminist law reform proposal to decertify sex and gender based on research conducted for the ‘Future of Legal Gender' project. Locating the proposal to decertify within a do-it-yourself, prefigurative approach to law reform, the article asks: Can a law reform proposal be both instrumental and radical? Can a proposal take shape as a viable legislative text and as a more subversive intervention to unsettle and reimagine gender’s relationship to law? This article explores (...) this at two levels. First, it considers the ontological challenges of developing a controversial law reform proposal in terms of its realness (or fictiveness), contours, and temporality, turning to ‘slow law' as a credible way of approaching radical reform. Second, it explores the design-based challenges of legal prototyping—foregrounding questions of legitimacy, participation, and purpose, which arise in designing a decertification law. At the heart of this discussion is the relationship between representation and enactment—between what a proposal presents and what its presentation does and does not accomplish. (shrink)

This article considers what the implications of decertification would be for single-sex services such as domestic and sexual violence support. Some reform options attached to decertification could (re)allocate authority away from the state to organisations or individuals to determine gender criteria. What would the consequences of such re-allocation be in determining eligibility to receive or access services or excluding people on the basis of a characteristic protected under equality law? Engaging with this in the context of domestic and sexual violence (...) support service provision raises a number of questions. Firstly, does the existence of gender-based violence and/or of the effects it produces require a stable category in order to address them? What benefits may emerge from providing single-sex spaces that could not be replicated in other settings? And finally, what criteria of exclusion and inclusion are currently used to determine access to spaces beyond legal gender status? (shrink)

We live in the era of Facebook, Fitbit, and Skype. As such, it would be unreasonable to expect that the healthcare industry would not see the same kind of globalization as do our social spheres and consumer activities. Indeed, the explosion of information technology, the ease of transcontinental travel, and the emergence of a more globally aware citizenry allows for scientific collaboration that has had many positive effects on global health. However, the economic and structural disparities between systems of healthcare (...) delivery in the industrialized world and parts of the developing world have created a monster in the form of an international medical tourism industry that endangers the health and safety of citizens of the host country as well as visiting patients. Not only does the practice of medical tourism pose a practical danger to those in direct contact with the industry, but it brings up troubling philosophical problems centering on national responsibility and the commodification of healthcare, among other important issues. In the United States, the driving force behind international medical tourism is the exorbitant cost of healthcare, particularly for the uninsured but also for the underinsured and those who experience catastrophic medical expenses from chronic illness or sudden health crises. Not only have individuals begun to look outside the U.S. for surgical procedures and other expensive therapies, but employers have begun to toy with the idea of outsourcing the medical care of the employees they insure in order to cut costs. In other industrialized nations, the issues that underpin international medical tourism are related to healthcare rationing and reflect different shortcomings in the delivery of healthcare in those nations, such as the United Kingdom and Canada, that have single-payer systems. Yet the regulatory and philosophical implications for both patients and hosts of international healthcare are largely the same. The challenge of regulating international trade in medical care is obvious and becomes particularly acute when there are insurers and employers involved. Complicating matters further, medical care that takes place outside the country of origin of the patient is often brokered by “medical concierge services,” which, though quick to claim indemnity from any harm arising from substandard or inappropriate medical care, cannot be divorced from responsibility for the health outcomes of their clients. Agreements hashed out between concierge services and patients specify that any remedy for harm stemming from their medical care must be pursued within the confines of the law of the host country, but the practical implications of this are troublesome. How can a foreign patient—often without either linguistic or cultural competency in the host country—be expected to navigate the complexity of a foreign legal system, particularly one that may be far less developed than his home country? Furthermore, if insurance companies and employers are involved with such care, who pays for an adverse result or determines responsibility for harm that may befall the patient? Under which countries’ laws? If a patient travels to Singapore for sexual reassignment surgery or a cardiac valve repair, returns to the States and suffers complications, who pays for the restoration of her health? Beyond legal standards and judicial remedies for harm to patients seeking care on the international market, there is the question of what ethical standards and norms apply to such patients. What effect does it have on American patients, for example, to receive care within a system that does not emphasize autonomy and informed consent the way they are used to? Why should foreign physicians care about the cultural mores of their patients’ country of origin? Can they be expected to grasp cultural differences between American, Canadian, and British patients? The medical concierge might respond, “Well, buyer beware!” This is unreasonable: It is nearly impossible for any patient to accurately assess the various options, risks and benefits that go with a particular medical treatment, much less the patient who is attempting to do so on the international market. And the crass invocation of the doctrine of caveat emptor betrays a view of healthcare as a commodity that is naive and inappropriate. Paramount in my mind, however, are the practical implications for the care of the citizens of developing nations that host international patients and the broader philosophical issue of what the goals of the medical profession as a whole and each country’s individual healthcare system should be. While I understand the argument that international medical tourism creates great economic gains for developing nations, which can then be channeled toward the care of their citizenry as a whole, there is much reason to doubt that this “trickle-down” model of economics provides real benefits for underserved, whether in healthcare or other arenas. What is more likely is that, while lucrative international “medi-cities” may keep bright doctors in their home countries, it is also likely to lure them away from the institutions that serve the lion’s share of their countrymen. With the concentration of talented native doctors in private hospitals that serve citizens of the developed world, the population at large is left to obtain care at institutions that suffer “brain drain” from the flight of talented local staff to more prestigious, often “brand name,” institutions that give them more Western-like salaries while allowing them to practice in their countries of origin. The very fact that citizens of the wealthiest nations in the world are forced to go abroad for life-saving care speaks to an abdication of national responsibility on the part of their home countries. The provision of health care is one of the principal responsibilities of any nation and it is unacceptable that a nation with the strength and wealth of the United States would take advantage of the weaker political and economic situations of developing nations in order to shirk its responsibility to its fellow citizens. If we take care of our countrymen and take pride in an equitable system of healthcare delivery, there will be no need to shrug our shoulders and say “Buyer beware” to the patient who heads to the Philippines for heart surgery. (shrink)

This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. (...) On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour. (shrink)

Introduction -- What is proportionality? -- Proportionality : a multiplicity of meanings -- Proportionality in the just war tradition -- Proportionality in international humanitarian law -- Proportionality in human rights law and morality -- The uniqueness of jus in bello proportionality -- Countermeasures and counterinsurgency -- Human shields and risk -- Targeted killings and proportionality in law : two models -- The nature of war and the idea of "cyberwar" -- Thresholds of (...) jus in bello proportionality. (shrink)

Since its founding in 1943, Medievalia et Humanistica has won worldwide recognition as the first scholarly publication in America to devote itself entirely to medieval and Renaissance studies. Since 1970, a new series, sponsored by the Modern Language Association of America and edited by an international board of distinguished scholars and critics, has published interdisciplinary articles. In yearly hardbound volumes, the new series publishes significant scholarship, criticism, and reviews treating all facets of medieval and Renaissance culture: history, art, literature, (...) music, science, law, economics, and philosophy. (shrink)

Across a broad range of subjects, there is now wide agreement that the principle of proportionality governs the extent to which a provocation may lawfully be countered by what might otherwise be an unlawful response. That is the central role assigned to proportionality in international law and it is deeply rooted in the cultural history of societies. However, if the core institutions of a legal system are too weak to be relied upon to take remedial action against (...) wrongdoers, then they must at least be authorized to license appropriate action by the wronged party and to insure that its response remains within prescribed parameters. The practice described in this essay demonstrates that a high degree of accord is emerging across a broad range of issues to the appropriate standards by which the proportionality of countermeasures can be assessed. The practice of various institutions authorized to render second opinions as to the compliance with those standards is gradually narrowing the range of indeterminacy inherent in the term proportionality. Some of this case law has been disappointingly episodic. The well-crafted second opinion, through its precision, its invocation of precedent, and its careful weighing of the probity of the facts presented to it, deepens and narrows the jurisprudential stream while strengthening its embankments. If applied in practice through second opinions rendered by legitimate institutions, proportionality is an example of an indeterminate principle becoming gradually empowered to provide persuasive answers to difficult questions and, thereby, case by case, building the objective determinacy of the principle. (shrink)

Proportionality is a German, and thus continental European, concept in public law that is applied by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The principle specifies that measures adopted by executive authorities should not exceed the limits of what is appropriate and necessary in order to achieve legitimate objectives in the interest of the public. Using a functional comparative approach, this book evaluates the extent to which proportionality (...) has been integrated into the English and Hong Kong judicial systems by comparing case law in these courts with that of the CJEU and the ECtHR. The text also reviews the development of proportionality and presents a topical understanding of why its adoption and application have encountered difficulties, particularly regarding socio-economic rights, in some jurisdictions, such as the United Kingdom and Hong Kong. Written by a scholar with experience from both within the Hong Kong judicial system and from international research, this book is the first all-encompassing reference for legal practitioners worldwide." -- Provided by publisher. (shrink)

Abstract This article lays a theoretical foundation the perspective of international law for applying the principle of proportionality of cause in modern just war theory. It proposes an analytical framework for measuring proportionality based on general tort law, filtered through the international law of state responsibility. It proposes assessing the use of force as a proportionate (or disproportionate) remediation for an injury (present or future) caused by another state that is in breach of its legal obligations. (...) The article then applies this approach to the problems of anticipatory self-defense and humanitarian intervention. (shrink)

China’s extensive media presence in Africa aims to distinguish itself through the use of constructive journalism in contrast with the perceived dominance of conflict journalism by Western media outlets. However, many scholars have raised questions of consistency surrounding Chinese media’s use of constructive journalism in representing Africa (e.g. Marsh, Citation2016). With perspectives from Galtung’s (Citation1987, p. 1998) conflict and peace journalism, this research applies Critical Discourse Analysis to examine Chinese media’s representation of Africa to an international audience. Using linguistic (...) data from China Radio International’s Today, it challenges the distinctions among peace journalism, solutions journalism and constructive journalism. The findings show that China’s claim of constructive journalism strongly favors the coverage of China, yet is largely absent in the coverage of the African continent. It suggests that while Chinese state-sponsored media utilizes the so-called constructive journalism when presenting information about a specific region to that region, these representations are not consistent across their international coverage. Hence, Africa remains a victim of conflict journalism. (shrink)

Do UK community pharmacists encounter the high drama dilemmas of the medical ethics literature or is a 'morality of the mundane' more appropriate? This paper presents the findings of a qualitative study that asked a sample of UK pharmacists to describe their ethical issues and to establish whether these were ethical dilemmas as understood philosophically or ethical problems of a more legal or emotional nature. It emerged that although many pharmacists referred to 'dilemmas', these were often problems involving a conflict (...) between an ethical value and a legal or procedural issue and often arose in the routine minutiae of dispensing prescriptions and selling medicines. Such ethical problems remained of concern for pharmacists and the commercial environment, corporate pharmacy ownership and pharmacists' subordination to doctors, all precipitated ethical problems. Law and ethics appeared to be understood synonymously but this may reflect a modernity that increasingly brackets out ethical experiences by encouraging reliance upon law and procedure. (shrink)

Assisted migration (AM) is a translocation of the representatives of species to areas outside their natural habitats as a response to climate change. This article seeks to identify how customary norms and general principles of international environmental law could guide the development of regulation of AM maximizing the benefits of using AM and minimizing AM-related risks. Among the customary norms and principles of international environmental law discussed in the article and relevant to the regulation of AM are the (...) permanent sovereignty over natural resources, the principle of cooperation, the no-harm rule, the precautionary principle, the principles of prevention, due diligence, and obligation to conduct environmental impact assessment (EIA), the principles of integration and intergenerational equity, common but differentiated responsibilities, and the polluter pays principle, the principles of non-regression, progression, resilience, in dubio pro natura, the principle of ecological proportionality, and the principle of access to information, public participation, and access to justice in environmental matters (principle of good governance, environmental democracy). (shrink)

In my 1993 IJPS paper it was suggested that postmodernist verdicts on ‘the death of philosophy’ relied on a rejection of any ‘substantive’ or ‘metaphysical’ notion of truth. The present paper relates these verdicts to Wittgenstein’s alleged ‘philosophical quietism’. In both cases, for example, there is a rejection of ‘depth’. Various characterisations of Wittgenstein’s position are questioned, including the idea that his quietism consists in showing the impossibility of sceptical challenges to our ‘hinge’ propositions and beliefs. It is then argued, (...) however, that recognition of the groundlessness of beliefs (and practices), far from curing ‘vertigo’ or ‘Angst’, is apt to inspire it. In a final section, I propose that the ‘metaphysical horror’ at the impossibility of articulating grounds for our beliefs can be allayed only by the thought that these answer to a reality that cannot be articulated and must therefore remain a mystery. One role for philosophy might be to cultivate a sense of this mystery and trace its implications for how we should live. (shrink)

British equality law protections for sex and gender reassignment have grown fraught as activists tussle over legal and social categories of gender, gender transitioning, and sex. This article considers the future of gender-related equality protections in relation to ‘decertification’—an imagined reform that would detach sex and gender from legal personhood. One criticism of decertification is that de-formalising gender membership would undermine equality law protections. This article explores how gender-based equality law could operate in conditions of decertification, drawing on legal thoughtways (...) developed for two other protected characteristics in equality law—religion and belief, and disability—to explore the legal responses and imaginaries that these two grounds make available. Religious equality law focuses on beliefs, communities, and practices, deemed to be stable, multivarious, and subject to deep personal commitment. Disability equality law focuses on embodied disadvantage, approached as social, relational, and fluctuating. While these two equality frameworks have considerable limitations, they offer legal thoughtways for gender oriented to both its hierarchies and its expression, including as disavowal. (shrink)

_ The Routledge Encyclopaedia of Educational Thinkers_ comprises 128 essays by leading scholars analysing the most important, influential, innovative and interesting thinkers on education of all time. Each of the chronologically arranged entries explores why a particular thinker is significant for those who study education and explores the social, historical and political contexts in which the thinker worked. Ranging from Confucius and Montessori to Dewey and Edward de Bono, the entries form concise, accessible summaries of the greatest or most influential (...) educational thinkers of past and present times. Each essay includes the following features; concise biographical information on the individual, an outline of the individual’s key achievements and activities, an assessment of their impact and influence, a list of their major writings, suggested further reading. Carefully brought together to present a balance of gender and geographical contexts as well as areas of thought and work in the broad field of education, this substantial volume provides a unique history and overview of figures who have shaped education and educational thinking throughout the world. Combining and building upon two internationally renowned volumes, this collection is deliberately broad in scope, crossing centuries, boundaries and disciplines. The Encyclopaedia therefore provides a perfect introduction to the huge range and diversity of educational thought. Offering an accessible means of understanding the emergence and development of what is currently seen in the classroom, this Encyclopaedia is an invaluable reference guide for all students of education, including undergraduates and post-graduates in education or teacher training and students of related disciplines. (shrink)

Environmental health remains a niche topic in bioethics, despite being a prominent social determinant of health. In this paper we argue that if bioethicists are to take the project of health justice as a serious one, then we have to address environmental injustices and the threats they pose to our bioethics principles, health equity, and clinical care. To do this, we lay out three arguments supporting prioritizing environmental health in bioethics based on bioethics principles including a commitment to vulnerable populations (...) and justice. We also highlight and advocate for environmental law efforts that align with these priorities, focusing specifically on the need for a right to a healthy environment. Our intention is to draw attention to the legal and ethical concepts that underlie the importance of a healthy environment, and urge bioethicists to prioritize both legal and ethical advocacy against environmental injustices in their practice. (shrink)

The field, as Steven Cooper describes it, is comprised of the inextricably related worlds of internalized object relations and interpersonal interaction. Furthermore, the analytic dyad is neither static nor smooth sailing. Eventually, the rigorous work of psychoanalysis will offer a fraught opportunity to work through the most disturbing elements of a patient's inner life as expressed and experienced by the analyst - indeed, a disturbance in the field. How best to proceed when such tricky yet altogether common therapeutic situations arise, (...) and what aspects of transference/countertransference should be explored in the service of continued, productive analysis? These are two of the questions that Steven Cooper explores in this far-ranging collection of essays on potentially thorny areas of the craft. His essays try to locate some of the most ineffable types of situations for the analyst to take up with patients, such as the underlying grandiosity of self-criticism; the problems of too much congruence between what patients fantasize about and analysts wish to provide; and the importance of analyzing hostile and aggressive aspects of erotic transference. He also tries to turn inside-out the complexity of hostile transference and countertransference phenomena to find out more about what our patients are looking for and repudiating. Finally, Cooper raises questions about some of our conventional definitions of what constitutes the psychoanalytic process. Provocatively, he takes up the analyst's countertransference to the psychoanalytic method itself, including his responsibility and sources of gratification in the work. It is at once a deeply clinical book and one that takes a post-tribal approach to psychoanalytic theory - relational, contemporary Kleinian, and contemporary Freudian analysts alike will find much to think about and debate here. (shrink)

In this paper I extend the case for a necessitation account of particular laws in Kant's philosophy of science by examining the relation between reason's hypothetical use in the Appendix to the Transcendental Dialectic and the legitimate hypotheses identified in the Doctrine of Method. Building on normative accounts of reason's ideas, I argue that reason's hypothetical use does not describe the connections between objects and their grounds, which lie beyond the reach of the understanding, but merely prescribes the relations between (...) appearances and their conditions, for which the understanding must seek. A legitimate hypothesis, I suggest, is a proposition we hold to be true that fills in one or several of those relations. The problematic character of hypotheses requires that we evaluate our reasons for holding them to be true. While natural modality is grounded in the nature of things, which cannot be fully known, our reasons for assent can and must be grounded on features of objects that are epistemically available to us. (shrink)

Opuscula Aesthetica Nostra is a pioneering publishing effort, blazing a trail which specialists in other philosophical fields should consider following. It purports to represent what is happening in aesthetics throughout English-speaking and French-speaking Canada today, and in consequence it is an intriguing exercise in Canadian bilingualism. It purports also to show, as co-editor Calvin Seerveld says in the Preface, that “aesthetics deserves its own bona fide place in the national market place of ideas”; so the editors have reprinted strong previously (...) published papers, in addition to soliciting new material on the occasion of the Tenth International Congress of Aesthetics held in Montreal in 1984. The result is a satisfying pot-pourri of ideas. (shrink)

In this paper I extend the case for a necessitation account of particular laws in Kant's philosophy of science by examining the relation between reason's hypothetical use in the Appendix to the Transcendental Dialectic and the legitimate hypotheses identified in the Doctrine of Method. Building on normative accounts of reason's ideas, I argue that reason's hypothetical use does not describe the connections between objects and their grounds, which lie beyond the reach of the understanding, but merely prescribes the relations between (...) appearances and their conditions, for which the understanding must seek. A legitimate hypothesis, I suggest, is a proposition we hold to be true that fills in one or several of those relations. The problematic character of hypotheses requires that we evaluate our reasons for holding them to be true. While natural modality is grounded in the nature of things, which cannot be fully known, our reasons for assent can and must be grounded on features of objects that are epistemically available to us. (shrink)

Recent controversy over the existence of biological laws raises questions about the cognitive aims of theoretical modeling in that science. If there are no laws for successful theoretical models to approximate, then what is it that successful theories do? One response is to regard theoretical models as tools. But this instrumental reading cannot accommodate the explanatory role that theories are supposed to play. Yet accommodating the explanatory function, as articulated by Brandon and Sober for example, seems to involve us once (...) again in a reliance on laws. The paper concludes that we must rethink both the nature of laws and theoretical explanation in biology. (shrink)

Welcome precision is brought to the idea, history, types and motives of ethical investment in what will become an authoritative review of the subject. Marc Cooper is a postgraduate researcher at the European Business Management School, University of Wales, and Bodo Schlegelmilch, recently British Rail Professor of Marketing there, has recently been appointed Professor of Marketing at the American Graduate School of International Management (Thunderbird), Phoenix, Arizona.

Welcome precision is brought to the idea, history, types and motives of ethical investment in what will become an authoritative review of the subject. Marc Cooper is a postgraduate researcher at the European Business Management School, University of Wales, and Bodo Schlegelmilch, recently British Rail Professor of Marketing there, has recently been appointed Professor of Marketing at the American Graduate School of International Management (Thunderbird), Phoenix, Arizona.

The paper reports the findings of a study of CPAs designed to determine whether they tend to find factors related to their professional environment (especially the guides to professional conduct of the American Institute of Certified Public Accountants) to be more helpful than factors related to their business environment when faced with ethics problems. Like internal auditors surveyed earlier, the CPAs tend to view a number of factors in their business environment to be even more helpful than factors related to (...) their professional environment in dealing with ethical dilemmas. Implications for CPAs as individuals and for their professional associations are discussed. (shrink)

In this paper I return to Hegel's dispute with Kant over the conceptual ordering of external and internal purposiveness to distinguish between two conceptions of teleology at play in the contemporary function debate. I begin by outlining the three main views in the debate (the etiological, causal role and organizational views). I argue that only the organizational view can maintain the capacity of function ascriptions both to explain the presence of a trait and to identify its contribution to a current (...) system, for it is the only view that considers teleology as a natural cause. To establish how teleology can be considered as a natural cause, advocates of the organizational view return to Kant's analysis of internal purposiveness. However, while Kant identifies the requirements that an object must meet to satisfy the demands of teleological judgment, I suggest that he denies that we can know whether they are truly met. I argue that Hegel's philosophy of nature is better equipped to determine how internal purposiveness can be considered as a natural cause, for it grounds organization in a form of purposiveness that is more fundamental than a designer's intention. (shrink)

The formal systems of logic have ordinarily been regarded as independent of biology, but recent developments in evolutionary theory suggest that biology and logic may be intimately interrelated. In this book, William Cooper outlines a theory of rationality in which logical law emerges as an intrinsic aspect of evolutionary biology. This biological perspective on logic, though at present unorthodox, could change traditional ideas about the reasoning process. Cooper examines the connections between logic and evolutionary biology and illustrates how logical rules (...) are derived directly from evolutionary principles, and therefore have no independent status of their own. Laws of decision theory, utility theory, induction, and deduction are reinterpreted as natural consequences of evolutionary processes. Cooper's connection of logical law to evolutionary theory ultimately results in a unified foundation for an evolutionary science of reason. It will be of interest to professionals and students of philosophy of science, logic, evolutionary theory, and cognitive science. (shrink)

This article reflects on the convergence of revolutionary anti-capitalism and moral fundamentalism in the contemporary Islamic revival. It is concerned more generally with the recurrent appeal to fundamental value — of a sexual, genealogical or economic kind — in the history of anti-imperial and anti-capitalist movements. Exploring the tradition of Islamist philosophies of finance, the article suggests that Islamic political theology is unique in its ability to separate absolute law from territory ( pace Schmitt). Transgressing the boundaries of nation-state postcolonialism, (...) it thereby relocates absolute value, and hence absolute prohibition, in the realm of the sexual and the divine. (shrink)

In this article, I compare and evaluate R. D. Laing and A. Esterson’s account of schizophrenia as developed in Sanity, Madness and the Family, social models of disability, and accounts of extended mental disorder. These accounts claim that some putative disorders should not be thought of as reflecting biological or psychological dysfunction within the afflicted individual, but instead as external problems. In this article, I consider the grounds on which such claims might be supported. I argue that problems should not (...) be located within an individual putative patient in cases where there is some acceptable test environment in which there is no problem. A number of cases where such an argument can show that there is no internal disorder are discussed. I argue, however, that Laing and Esterson’s argument—that schizophrenia is not within diagnosed patients—does not work. The problem with their argument is that they fail to show that the diagnosed women in their study function adequately in any environment. (shrink)

Several philosophers have argued, against the hypothesis of alternative logical mentalities, that it is not conceivable that there should be peoples who reject the law of non-contradictlon. In reply, I argue first that these philosophers are lending an unwarranted pre-eminence to this law, and second that their case is made to look stronger than it is by confusing different senses in which a logical law might be 'rejected'. Finally, I consider some remarks of Wittgenstein which suggest that 'acceptance' of contradictions (...) might not be unintelligible. (shrink)

Kant’s Critique of the Power of Judgment is often interpreted in light of its initial reception. Conventionally, this reception is examined in the work of Fichte, Schelling and Hegel, who found in Kant’s third Critique a new task for philosophy: the construction of an absolute, self-grounding system. This paper identifies an alternative line of reception in the work of physiologists and medical practitioners during the 1790s and early 1800s, including Kielmeyer, Reil, Girtanner and Oken. It argues that these naturalists called (...) on Kant’s third Critique to solidify an experimental natural history that classifies organic form within a system of laws. Kant held both kinds of system in tension, which is why the third Critique remains a singular and provocative text. (shrink)

Van Gelder presents the dynamical hypothesis as a novel law of qualitative structure to compete with Newell and Simon's (1976) physical symbol systems hypothesis. Unlike Newell and Simon's hypothesis, the dynamical hypothesis fails to provide necessary and sufficient conditions for cognition. Furthermore, imprecision in the statement of the dynamical hypothesis renders it unfalsifiable.

A British diplomat and foreign affairs expert presents his radical interpretation of the post-Cold War new world order and offers controversial advice on how civilized nations should deal with terrorism. Reprint.

By addressing specific global problems and placing them within an ethical context, "The Environment in Question" provides the reader with both a theoretical and practical understanding of environmental issues. The contributors are internationally known figures drawn from the various disciplines which bear upon these issues, such as geography, psychology, social policy, and philosophy. The contributions range from those tackling individual concrete issues (such as nuclear waste and the threat to the rain forest) to those addressing matters of policy, principle and (...) attitude (such as our obligations to future generations and the nature of technological risk). "The Environment in Question" is designed as a text for students of philosophy, environmental science, environmental education, ecology, and teacher education. It can be used as an inter-disciplinary, self-contained course book or in conjunction with relevant material. In addition, as the essays directly and controversially address current environmental debates in a non-technical manner, it is of great interest both to professionals in those areas and to readers who care about the planet's future. The substantial cross-section of concerns and approaches will enable all readers to develop the necessary level of understanding required to initiate and sustain debate on environmental issues. Contributors: Robert Allsion, David E. Cooper, Barry S. Gower, F. G. T. Holliday, C. A. Hooker, Mary Midgley, Philip Neal, Joy A. Palmer, Robert Prosser, Holmes Rolston III, Mark Sagoff, Vandana Shiva, Stephen Sterling, Rosemary J. Stevenson, Jennifer Trusted. (shrink)

Despite the reality of intersex individuals whose biological markers do not necessarily all point towards a traditional binary understanding of either male or female, the vast majority of sports divide competition into categories based on a binary notion of biological sex and develop policies and regulations to police the divide. In so doing, sports governing bodies (SGBs) adopt an imperfect model of biological sex in order to serve their particular purposes, which, typically, will include protecting the fundamental sporting value of (...) fair competition. Yet, one potential consequence of enforcing such an approach would seem to be the exclusion or marginalization of individuals whose biological development does not fit within the binary model, whether due to genetics or through a choice to undergo medical intervention to better represent a chosen gender identity. Any such exclusion or marginalization will inevitably tend to undermine another fundamental value of sport, that of inclusivity. In the context of those with differences of sex development, SGBs appear to be faced with a difficult problem: dealing with a conflict between two fundamental values of sport. Different approaches to this problem have been suggested, with some academics proposing that sports organisations, in general, ought to prioritise fairness above, while others suggest the need to ‘balance’ competing values or even to prioritise inclusion over fairness. However, it is argued that any of these approaches are, in principle, justifiable as any sport should be free to prioritise or balance its own values. What seems more important for any SGB is the need for a rational and transparent justification of regulations that pursue fair competition at the expense of inclusivity. Furthermore, where fair competition and inclusivity are fundamental values, any such justification would seem to demand adherence to some basic norms. First, the regulations should be built on (and articulate) a consistent and principled basis of what ‘fair competition’ means in a particular sport. Second, any regulations should only exclude or restrict participation to the minimum degree necessary to achieve the sense of fair competition so articulated. Third, SGBs should be transparent about what their values are and where their priorities lie so that participants and other stakeholders are able to make an informed choice as to whether they wish to participate in, support, or be associated with a particular sport. With reference to the adoption of the Eligibility Regulations for Athletes with Differences of Sex Development (the ‘DSD Regulations’) by the International Association of Athletic Federations (IAAF), this article seeks to evaluate whether the approach of the IAAF satisfied these basic requirements. (shrink)

This article looks at the history of the stem cell as an experimental life-form and situates it within the context of biological theories of cellular ageing which emerged in the 1960s, under the banner of ‘biogerontology’. The field of biogerontology, I argue, is crucially concerned not only with the internal limits to a cell's lifespan, but also with the possibility of overcoming limits. Hence, the sense of ‘revolution’ that has surrounded the isolation of human embryonic stem cells. The article goes (...) on to situate the problematic of cellular ageing within the larger historical transition from Fordist to post-Fordist modes of production – a transition whose effects on the life sciences have been insufficiently theorized – and points to resonances between the concerns of biogerontology and an emerging political rhetoric on the crisis of ageing and limits to growth. Having surfaced in parallel with the neo-liberal euphoria of the 1990s, the field of regenerative medicine presents itself as a biomedical solution to the problem of limits to growth. What is at stake in the contemporary biosciences, I suggest, is not so much the mass commodification of life itself as its transformation into a source of speculative surplus value. (shrink)

Scholars often draw attention to the remarkably individual and progressive character of Kant's Universal Natural History and Theory of the Heavens. What is less often noted, however, is that Kant's project builds on several transformations that occurred in natural science during the seventeenth and eighteenth centuries. Without contextualising Kant's argument within these transformations, the full sense of Kant's achievement remains unseen. This paper situates Kant's essay within the analogical form of Newtonianism developed by a diverse range of naturalists including Georges (...) Buffon, Albrecht von Haller and Thomas Wright. It argues that Kant's universal conception of natural history can be viewed within the free-thinking and anti-clerical movement associated with Buffon. This does not mean, however, that it breaks from the methodological rules of Newtonianism. The claim of this paper is that Kant's essay contributes to the transformation of natural history from a logical system of classification to an explanation for the physical diversity of natural products according to laws. (shrink)

Kids in the Middle: The Micro-Politics of Special Education takes the reader on a fascinating journey through special education in the past, present, and future. On this journey, the micro-politics of special education are seen through the eyes and experiences of children with disabilities, their parents and advocates, adult educators, and school administrators. Supplementing these perspectives to develop an understanding of special education that goes beyond its administrative and political aspects, such as the Individuals with Disabilities Education Act , are (...) scholars with expertise in special education law, administration, severe and profound disabilities, ethics, finance, teaching, and disability rights. Together, these voices explain the micro-political issues that affect how children with disabilities are educated. Kids in the Middle promotes a new model of special education to help transform special education. Instead of perpetuating a system grounded in the concepts of promises, privilege, and power, this book considers how to build a system based on caring, compassion, and the common good, a system that will elevate the status of special education children who are lost in the middle. (shrink)

There has been a considerable amount of literature in the last 70 years claiming that the American founders were steeped in modern thought. This study runs counter to that tradition, arguing that the founders of America were deeply indebted to the classical Christian natural-law tradition for their fundamental theological, moral, and political outlook. Evidence for this thesis is found in case studies of such leading American founders as Thomas Jefferson and James Wilson, the pamphlet debates, the founders' invocation of providence (...) during the revolution, and their understanding of popular sovereignty. The authors go on to reflect on how the founders' political thought contained within it the resources that undermined, in principle, the institution of slavery, and explores the relevance of the founders' political theology for contemporary politics. This timely, important book makes a significant contribution to the scholarly debate over whether the American founding is compatible with traditional Christianity. (shrink)

Journal Name: Semiotica Issue: Ahead of print.

The same person can make different moral judgments about the same activity in their professional role and in their personal life. For example, people may follow a different moral code when making purchases at work compared with in their private lives. This potential difference has largely remained unexamined. This study explores differences in felt moral responsibility in workplace and private purchasing settings, regarding the impacts of purchasing decisions on supply chain workers, and explores the influence of personal values and ethical (...) work climate. The case of a high-profile university in the United Kingdom is studied, which has made strong commitments to socially responsible public procurement. Based on a survey of 318 university staff who make purchases at work, stronger moral values related to harm/care are associated with higher felt responsibility in personal purchasing than in workplace purchasing, whereas less strong harm/care values are associated with higher felt responsibility in workplace purchasing than personal purchasing. In relation to ethical work climate, detailed awareness of organizational ethical procurement commitments is found to be associated with higher felt responsibility in workplace purchasing and is also found to increase the discrepancy between workplace and personal felt responsibility, increasing felt responsibility in the workplace but not in personal purchasing. These findings demonstrate the influence of individual and contextual factors on felt responsibility across different roles. Recommendations are made for further empirical research on felt responsibility across roles and additional internal communication on social responsibility for devolved public procurement contexts. (shrink)

In this introductory article we reconstruct several broad developments in the scholarship on Kant’s theory of natural science with a particular focus on the Anglophone context over the past half-century. Our goal is to illuminate the co-development of Kant scholarship and the philosophy of science during this period and to identify points of influence in both directions. In section 2 we present an overview of the scholarship on Kant’s account of natural laws. In section 3 we survey the diverse interpretations (...) of Kant’s views on biology and consider recent appeals to Kant by philosophers of biology. In section 4 we explore several recent developments in philosophy of science that have potential synergies with Kant scholarship. Our aim is not simply to establish that Kant’s philosophy can have relevance for philosophy of science but also to point out where it has been and continues to be relevant. Appreciating this relevance, we suggest, can help identify productive lines of inquiry for Kant studies. (shrink)

In recent years, scholars of Jewish politics have invested political hopes in the revival of “political imagination.” If only we could recapture some of the imaginativeness that early Zionists displayed when wrestling with questions of regime design, it is argued, we might be able to advance more compelling “solutions” to the Israeli-Palestinian conflict. Yet how does one cultivate political imagination? Curiously, scholars who rehearse the catalogue of regimes that Jews have historically entertained seldom pose this question. In this Article, I (...) revisit a historical episode—the appropriation of diasporic historical narratives by Zionists in mandatory Palestine—in an effort to cultivate a richer political imaginary. I analyze the labor Zionist deployment of Simon Dubnow’s influential master narrative, focusing on a 1926 speech in which David Ben Gurion depicts the autonomist regime that he advocates as a variation upon diasporic political practices. On my reading, this episode illustrates the dilemmas that confront thinkers who invest political hopes in regime design. To realize the promise that new political configurations may emerge from reflections upon Jewish history, I argue, we must develop a new account of political agency, once foundational assumptions of the nation-state have been suspended. (shrink)

One feature of the neo/liberal possessive self is the propertied character of certain beliefs: treated as belonging to those who hold them, recognized and supported in acting on the world, and protected. While an ownership paradigm predates anti-discrimination and human rights regimes, these regimes have consolidated and extended the propertied status of certain identity beliefs in ways that naturalize and siloize them. But if beliefs’ propertied character is politically problematic, can it be unsettled and reformed? This paper considers one possible (...) mode for doing so, namely play. Oftentimes, play works to secure and assert the propertied attachments people have to their beliefs; but some forms of play offer other possibilities. Focusing on the state as a complex site of play relations and encounters, this article explores how state play engages identity beliefs in a contemporary legal drama of colliding beliefs between conservative Christians and liberal gay equality advocates. (shrink)