Judith Butler argues that every category of personal identity, such as gender, the body, nationality, sexuality, or ethnicity, is predicated in part on a crisis between what that identity affirms and what it excludes. How this crisis manifests itself in everyday life is key to understanding how identities are reinforced, negotiated, subverted, or rejected on both social and individual levels. In this paper I consider three films directed by Kurosawa Kiyoshi between 2001 and 2006, arguing that they are especially competent (...) in not only representing ontological tensions of this kind within their narratives, but also in manifesting these tensions so that they are made viscerally available to the viewer as affect. To understand how this is achieved, I draw on the work of Susan Sontag, Judith Butler, and Gilles Deleuze and Félix Guattari, among others, to articulate how a stylistic system, or aesthetic, is developed across these films, and what techniques contribute to its production. I find that key components... (shrink)

Hud Hudson shows that apparently irreconcilable conflicts between science and religion often turn out to be misdescribed battles about negotiable philosophical assumptions. He defends an original Hypertime Hypothesis which reconciles the Christian doctrines of The Fall and Original Sin with reigning scientific orthodoxy.

There is an important but underappreciated ambiguity in Hobbes’ concept of personhood. In one sense, persons are representatives or actors. In the other sense, persons are representees or characters. An estate agent is a person in the first sense; her client is a person in the second. This ambiguity is crucial for understanding Hobbes’ claim that the state is a person. Most scholars follow the first sense of ‘person’, which suggests that the state is a kind of actor – in (...) modern terms, a ‘corporate agent’. I argue that Hobbes’ state is a person only in the second sense: a character rather than an actor. If there are any primitive corporate agents in Hobbes’ political thought, they are representative assemblies, not states or corporations. Contemporary political theorists and philosophers tend to miss what is unique and valuable about Hobbes’ idea of state personality because they project the idea of corporate agency onto it. (shrink)

In this paper, we argue that, omissions are not events or actions, but rather fact-like entities, and that, insofar as only events and actions can be causes, omissions cannot be causes. Nevertheless, since omissions can, and often do, play a role in the explanations of events, their place in such explanations must be found; and an attempt to find such a place is made.

In this essay, I look back at some of the earliest attempts by the first generation of literature-and-medicine scholars to answer the question: Why teach literature and medicine? Reviewing the development of the field in its early years, I examine statements by practitioners to see whether their answers have held up over time and to consider how the rationales they articulated have expanded or changed in the following years and why. Greater emphasis on literary criticism, narrative ethics, narrative theory, and (...) reflective writing has influenced current work in the field in ways that could not have been foreseen in the 1970s. The extraordinary growth of interest and work in the field nationally and, especially since 1996, internationally has included practitioners in many additional areas such as disability studies, film studies, therapeutic writing, and trauma studies. Along with the emergence of narrative medicine, this diverse community of scholars and practitioners—affiliated more through their use of narrative methodologies than the teaching of literature—makes the perennial challenge of evaluation and assessment even more complicated. (shrink)

There is an important but underappreciated ambiguity in Hobbes’ concept of personhood. In one sense, persons are representatives or actors. In the other sense, persons are representees or characters. An estate agent is a person in the first sense; her client is a person in the second. This ambiguity is crucial for understanding Hobbes’ claim that the state is a person. Most scholars follow the first sense of ‘person’, which suggests that the state is a kind of actor – in (...) modern terms, a ‘corporate agent’. I argue that Hobbes’ state is a person only in the second sense: a character rather than an actor. If there are any primitive corporate agents in Hobbes’ political thought, they are representative assemblies, not states or corporations. Contemporary political theorists and philosophers tend to miss what is unique and valuable about Hobbes’ idea of state personality because they project the idea of corporate agency onto it. (shrink)

This paper offers an economic rationale for compulsory licensing of needed medicines in developing countries. The patent system is based on a trade-off between the “deadweight losses” caused by market power and the incentive to innovate created by increased profits from monopoly pricing during the period of the patent. However, markets for essential medicines under patent in developing countries with high income inequality are characterized by highly convex demand curves, producing large deadweight losses relative to potential profits when monopoly firms (...) exercise profit-maximizing pricing strategies. As a result, these markets are systematically ill-suited to exclusive marketing rights, a problem which can be corrected through compulsory licensing. Open licenses that permit any qualified firm to supply the market on the same terms, such as may be available under licenses of right or essential facility legal standards, can be used to mitigate the negative effects of government-granted patents, thereby increasing overall social welfare. (shrink)

Not all intellectual property rights grant the right to exclude that is indicative of “property rules,” as that term was used by Guido Calabresi and A. Douglas Melamed in their seminal article. Some intellectual property rights are “liability rules,” in which the right holder has an entitlement to compensation for use of the protected invention, not a right to preclude the use. Although patent laws normally grant a right to exclude others from use of the protected invention as a default, (...) most countries’ laws allow the government to convert the patent property rule into a liability rule through a compulsory license. It has been noted, for example, that by the end of the 1950s, the U.S. had issued compulsory licenses covering 40 to 50 thousand patents, including substantial portions of the patent portfolios of AT&T, General Electric, IBM, and Xerox. The U.S. Supreme Court recently expressed a willingness to accept liability rules over injunctions in some patent infringement cases. (shrink)

This commentary shall focus on the central claim made in Lynch et al.’s paper “Promoting Ethical Payment in Human Infection Challenge Studies.” According to their paper, there is a threefold...

The virtue of μεγαλοψυχία or greatness of soul is prominent in the works of Aristotle as well as in the Peripatetic and Stoic traditions. However, mention of μεγαλοψυχία is extremely rare in our surviving evidence for the Epicurean school. In this paper I reconstruct a viable Epicurean position on μεγαλοψυχία. I argue that the Epicureans have a distinctive account of the virtue that is compatible with their hedonist ethics, and that can also be seen as a reaction to Aristotle. I (...) also demonstrate that the Epicurean account relates closely to their critical engagement with the Cynics and their emphasis on the importance of friendship and generosity in the good life. (shrink)

In his monograph *Happiness for Humans*, Daniel C. Russell argues that someone’s happiness is constituted by her virtuous engagement in a certain special sort of activity, which he calls *embodied activity*. An embodied activity is one which depends for its identity on things which lie outside of the agent’s control. What this means is that whether or not it is possible for the activity to continue is not completely up to the agent. A motivating example is my activity of living (...) alongside my spouse. Whether or not it is possible for this activity to continue is not entirely within my control, because my spouse might die, or otherwise become unavailable to me. To defend the view that it’s embodied activities which are constitutive of happiness, Russell defends what he calls the *embodied conception* of the self. This is the view that the boundaries of the self whose happiness is at stake include all the constitutive parts of our embodied activities. In response, I provide two arguments. Firstly, I show that while Russell makes a good case for the relevance of embodied *activities* to happiness, he doesn’t establish that we must adopt the embodied conception of the *self* in order to obtain those insights. Secondly, I argue that to draw the boundaries of the self in accordance with the embodied conception involves forming beliefs in a way that is not epistemically responsible. In making this argument I rely on the claim that there is a strong, particular sense in which other people are unknowable to us, a claim which is developed in the fiction of Haruki Murakami. (shrink)

In the proposed law-code in De legibus there is a law that votes are to be known by the best citizens (the optimates) but free to the common people (the plebs) (3.10). This law, Cicero claims, grants ‘the appearance of liberty’ (libertatis species), preserves the authority (auctoritas) of the optimates, and promotes harmony between the classes (3.39). The law and the precise meaning of libertatis species remain opaque even with the lengthy commentary (3.33–39), and much scholarly debate and discussion has (...) arisen as a result – most of it very critical of Cicero’s proposal and the arguments supporting it. This paper offers a fresh analysis of the voting law that is more charitable to Cicero. It unpacks the full details of the voting system that is developed in De legibus and sheds new light on developments in Cicero’s thinking about the best state. (shrink)

Wherever there is movement, wherever there is life, wherever anything is carried into effect in the actual world, there dialectic is at work. It is also the soul of all knowledge which is truly scientific. (Hegel, Enc. Logic, sec. 81Z, p. 148).

This collection of essays centers on literary representations of meat-eating, bringing aesthetic questions into dialogue with more established research on the ethics and politics of meat. From the decline of traditional animal husbandry to the emergence of intensive agriculture and the biotechnological innovation of in vitro meat, the last hundred years have seen dramatic changes in meat production. Meat consumption has risen substantially, inciting the emergence of new forms of political subjectivity, such as the radical rejection of meat production in (...) veganism. Featuring essays on both canonical and lesser-known authors, Literature and Meat Since 1900 illustrates the ways in which our meat regime is shaped, reproduced and challenged as much by cultural and imaginative factors as by political contestation and moral reasoning. (shrink)

Diverse micro‐organisms populate a global deep biosphere hosted by rocks and sediments beneath land and sea, containing more biomass than any other biome except forests. This paper reviews an emerging palaeobiological archive of these dark habitats: microfossils preserved in ancient pores and fractures in the crust. This archive, seemingly dominated by mineralized filaments (although rods and coccoids are also reported), is presently far too sparsely sampled and poorly understood to reveal trends in the abundance, distribution, or diversity of deep life (...) through time. New research is called for to establish the nature and extent of the fossil record of Earth's deep biosphere by combining systematic exploration, rigorous microanalysis, and experimental studies of both microbial preservation and the formation of abiotic pseudofossils within the crust. It is concluded that the fossil record of Earth's largest microbial habitat may still have much to tell us about the history of life, the evolution of biogeochemical cycles, and the search for life on Mars. (shrink)

We argue that some sports test athletes’ capacities to endure specific types of suffering, and in such cases the suffering is constitutive of the sport: the sporting contest would not be a good sporting contest if that capacity were not tested. We then argue that it is morally acceptable for athletes to experience pleasure (Schadenfreude) in response to the constitutive suffering of competitors insofar as that pleasure is compatible with pity or sympathy for non-constitutive suffering. We use the case of (...) morally acceptable pleasure in the constitutive suffering of a competitor to clarify the sense of Schadenfreude. We defend a little recognised distinction of Aristotelian provenance between benign and malignant Schadenfreude, and, in contrast to the prevailing scholarly assessment, we show that Schadenfreude is not necessarily a passive emotion. (shrink)

This volume, along with Volume V, completes the edition of the long English Wycliffite sermon cycle and two related tracts; the first three volumes, published in 1983, 1987 and 1990, contained the texts of the 294 sermons, together with variants and some introductory material. This volume contains a review of the evidence concerning the date, authorship and audience of the sermons, followed by a survey of the main polemical issues repeatedly under discussion in the sermons and by a commentary on (...) the text, which is continued in Volume V. The material here, along with the introductions to the three text volumes, will enable scholars to assess the background and importance of this extensive body of vernacular preaching. In particular, the discussion traces the large debt of the sermons to a wide range of Wyclif's own Latin works, and shows their relationship to other works of the Wycliffite movement. (shrink)

Whether economics warrants public trust depends on the extent to which assertions by economists can be deemed credible. Three examples from microeconomics are examined to assess how the discipline performs in this regard. First, a purely theoretical argument with broad conceptual implications: a quasi-evolutionary argument for rational choice based on the notion of money pumps. Second, a modelling-related claim with significant social implications: economists’ objection to minimum wages based on a simple supply-demand model. Third, methodological choices with implications for all (...) empirical work in microeconomics: the recent proclamation of a ‘credibility revolution’ in applied microeconomics through the use of experimental and quasi-experimental methods. These are assessed against proposed criteria for credibility: epistemic validity, epistemic reliability, and epistemic reflexivity. On the basis of the performance of the discipline against these criteria on the examples considered, I conclude that public distrust of economics and economists can be well-founded. (shrink)

Previous commentators on Plato’s Republic have relied on mistaken assumptions about the requirements for Plato’s theory of justice: that Plato establishes a bi-conditional between proper psychic rule and the performance of conventionally just acts. They believe that if Plato does not establish this bi-conditional, then his theory of justice as a virtue will succumb to the fallacy of irrelevance. I claim Plato need not meet that requirement. A novel interpretation of the arguments of Book IV concerning justice in the soul (...) suffices to dispense with one aspect of the bi-conditional – that conventional justice must imply justice as psychic harmony. Then, situating the theory of justice as psychic harmony in the context of the divided line, and in the dialectical ascent in the education of the philosopher-rulers, I show that the other conditional requirement – that justice in the soul must imply the performance of conventionally just actions – is also mistaken. (shrink)

The idea that knowledge is a social phenomenon is no longer either novel or unfamiliar. With the growth of the social sciences, we are accustomed to seeing ideas and beliefs in social and historical terms, and trying to understand how they arise and why they take the forms that they do. Philosophers, however, are only gradually coming to terms with these views. For they call in question ideas about the nature of knowledge which have dominated epistemology since the seventeenth century.

One of the issues with introducing animal rights law is whether the problem is quantitative or qualitative, whether it can be achieved by working within existing legal paradigms or whether it requires a new set of paradigms. The answer is fundamental: a quantitative problem can be solved by applying more of the same solutions, while a qualitative problem requires completely different solutions. The qualitative camp can be represented by, say, Professor Gary Francione, demanding not only rights for animals but that (...) they have personhood and are no longer considered “property.” The quantitative approach can be finely represented by Professor David Favre, who has argued for many years that we can make progress by developing existing legal principles to give some rights to some animals, and he does so eloquently in his new book. He is clear in his view that progress is, and can continue to be, made with a series of steps, as he puts it, “climbing the slippery slope toward personhood” (p. viii).His case is supported by looking backward—progress made in establishing the rules governing humans in their relationships with animals—as well as forward to developments that will support continuing improvement in the lives of animals, not least the potential for technology (for example, through cell- and plant-based meat). At the same time, he also rightly rejects the concepts of animal welfare and animal rights being at odds, let alone either of them being a panacea for better lives for animals.One aspect of animal law that Favre believes does need to change is that of property status. As he says, the status of animals as personal property is “critical to the future of animal law” (p. 25). In general, the solutions have been largely binary—that animals simply cannot be property for them to have meaningful rights or that animals can be property and still have rights. The former makes intuitive good sense (and is consistent with the objectives of the human abolitionist movements) but would have enormous effects on economic activity throughout the world. The latter is appealing because it does not change the current paradigm, so can be developed more easily.Favre's premise is that we are moving toward rights for animals, so we need to find a way of integrating animals into the current legal system rather than having to destroy and reconstruct the legal system. His ingenious solution is to propose a fourth category of property, alongside real, personal, and intellectual property: “living property.”Within this category, he envisages using the common law concept of the trust to provide equitable “self-ownership,” where an animal has equitable “ownership” while a human retains legal “ownership.” He then connects this concept to adaptations in other aspects of law that start to recognize the selfhood of animals, creating a platform onto which broader and deeper rights for animals can develop, such as the status of “animalhood” (p. 72) and the corresponding legal right of consideration before decisions are made by the state affecting an animal's fundamental interests (such as continuing to be alive). By putting animals in a separate class—rather than uncomfortably leaving them in personal property—he creates a possible route for animal rights that seems less paradigm-busting than removing them from being property altogether.Drawing on evidence from criminal law, tort law, equity (trusts), property law, and family law, he shows how in many places—with a focus on states in the United States—existing laws are being adapted (“green shoots” p. 81) to recognize that animals are more than personal property, in ways that cannot be explained simply through the growth of regulations. For example, family law is starting to recognize that in the division of matrimonial assets, companion animals cannot be treated simply like any other personal property such as a table or a car based on who paid for them. Because animals are “living property,” the courts should take account of other aspects, such as who cared for the animals and who looked after them. Similarly, the concept of extending trust law so that an animal can be the beneficiary of a trust—in the same way as a human can be but inanimate personal property cannot—shows that the law can understand that companion animals can play a large emotional role in our lives (as well as we in theirs), such that we want to ensure proper care for them after we die.The book raises important issues. First, it is intentionally about domestic animals, with their close links with humans, so the potential for laws to engage is much easier than with, say, farmed animals. The danger with solutions that focus on domestic or charismatic animals (e.g., dogs, chimpanzees, elephants) is that the arguments may be pertinent essentially only to those species and therefore hard to apply to animals of less charismatic species, say in a factory farm (but who are present in much greater numbers and generally badly treated in comparison). He “leaves for another day” (p. 32) the discussion about other animals. Hopefully that day will come, as it would be interesting to see how Favre could extend his concept to animals for whom the public has less affection and less appreciation of their capacities (and for whom the prospect of death is much more real and imminent).Secondly, public support for these ideas about living property may simply not be present. If there is not a sufficient groundswell of support for changing the status of animals, then whether one proposes changing it to not-property or “self-owned” property doesn't matter (if someone doesn't like needles, it doesn't matter whether the needle you propose to use is big or small). This may be too pessimistic, of course (people can be helped to overcome a fear of needles, and one way to start is with small needles). Perhaps the law should start with small changes to recognize at least a few animals—their sentience, their capacities for pleasure and pain, their emotions and preferences, their potential for autonomy—and build public support from there.There is also the underlying and more radical point about whether these ideas—the trust for a beloved companion set up by the human, the divorce settlement that doesn't just give the companion to the party who paid for them—are actually bringing about changes for animals as such or are simply adapting laws to help humans, recognizing human needs, and do not actually change the status of animals. The ends are still humans, and the means are still animals.This is not intended to paint a bleak picture: The more bluntand uncompromising part of the animal rights movement that has been focused on the qualitative problem has hardly been successful at getting animal rights laws passed anywhere in the world, so everything that moves us closer to a better, richer, more thoughtful view of animals will help. Favre's approach has ingenuity, shows good sense, and has the potential to bring about real animal rights. The themes and cases in this book that show how courts and legislatures are becoming more aware of the sentience of at least some animals, as well as proposing a middle path in the debate about animals as property, are important in the journey toward recognition of animal rights. Even more important, they may actually work. (shrink)

Radical Philosophy was born in the aftermath of the student movement of the 1960s. At that time, philosophy in British universities was very conservative and traditional. Ordinary language philosophy, the analytical approach, and the empiricist tradition were absolutely dominant. However, the student movement of the 1960s had opened young people's minds to a whole new range of radical ideas and issues. These were dismissed as not worthy of study, and excluded from discussion in philosophy departments.