This commentary explores the scope and content of the Protection from Harassment Act, recently introduced in the UK, focusing in particular on s.3 which creates a civil cause of action for harassment. The author considers the strategic possibilities for feminists concerned with enhancing remedies for sexual harassment as well as the drawbacks of the Act, particularly its capacity to be deployed in a wide range of contexts not all of which necessarily promote justice or enhance civil and political rights. The (...) author concludes by emphasising the important role of the courts in defining and delineating the scope of the Act as well as exploring the possibility of continued development of the common law principle in Wilkinson v. Downton. (shrink)

v. 1. Thucydides through Machiavelli.--v. 2. Machiavelli through Marx.--v. 3. Marx through Marcuse.

According to standard philosophical and clinical understandings, pain is an essentially mental phenomenon. In a challenge to this standard conception, a recent burst of empirical work in experimental philosophy, such as that by Justin Sytsma and Kevin Reuter, purports to show that people ordinarily conceive of pain as an essentially bodily phenomenon—specifically, a quality of bodily disturbance. In response to this bodily view, other recent experimental studies have provided evidence that the ordinary concept of pain is more complex than previously (...) assumed: rather than tracking only bodily or only mental aspects of pain, the ordinary concept of pain can actually track either of these aspects. The polyeidic analysis of the folk concept of pain, as proposed by Emma Borg et al., captures this complexity. Whereas previous empirical support for the polyeidic view has focused on the context-sensitivity of the folk concept of pain, here we discuss individual differences in people’s ‘pain priors’—namely, their standing tendencies to think of pain in relatively mind-centric or body-centric ways. We describe a preliminary empirical study and present a small number of findings, which will be explored further in future work. The results we discuss are part of a larger programme of work which seeks to integrate philosophical pain research into clinical practice. For example, we hypothesise that variations in how patients with chronic pain are thinking about pain could help predict their responses to treatment. (shrink)

The United States Court of Appeals for the Second Circuit recently upheld United States District Court for the Eastern District of New York Judge's denial of petitioner's application for a writ of habeas corpus. The Court held that it was not objectively unreasonable for the Appellate Division to conclude, in light of clearly established federal law as expressed by the Supreme Court of the United States, that a New York statute providing for the recommitment of specific defendants who plead not (...) responsible by reason of mental disease or defect under a mere “preponderance of the evidence” standard does not violate either due process or the equal protection clause of the Fourteenth Amendment. (shrink)

The first edition of Hegel’s Encyclopedia of the Philosophical Sciences in Outline appeared in 1817, followed by a second, much enlarged edition in 1827, and a third, somewhat less expanded edition in 1830. For this review it will first be necessary to recount the complex publishing history of these editions, a history which is perhaps not familiar to all readers of The Owl. After Hegel’s death his students prepared two editions of his Werke. The second of these editions was the (...) basis of the Sämtliche Werke: Jubiläumsausgabe, which appeared in 1927-40 under the editorship of Hermann Glockner. The 1817 Encyclopedia was first reprinted as volume 6 of the Jubiläumsausgabe. The first of the above books here under review contains the first published translation into English of the entire 1817 Encyclopedia, as well as the first published English translation of Hegel’s 1828 review, “Solger’s Posthumous Writings and Correspondence,” both of which are preceded in this book by a reprint of A. V. Miller’s 1977 translation of the famous Preface to Hegel’s Phenomenology of Spirit of 1807. Since 1968, under the general editorship of Otto Pöggeler and Friedhelm Nicolin, individual volumes of the excellent Gesammelte Werke have been published by Felix Meiner Verlag. Their edition of the 1817 Encyclopedia, edited by Wolfgang Bonsiepen and Hans-Christian Lucas, is still under preparation, but their first German re-edition of the 1827 Encyclopedia, also edited by Bonsiepen and Lucas, appeared as volume 19 in 1989. No translation into English of this second edition has ever appeared. (shrink)

In their account of passive euthanasia, Garrard and Wilkinson present arguments that might lead one to overlook significant moral differences between killing and letting die. To kill is not the same as to let die. Similarly, there are significant differences between active and passive euthanasia. Our moral duties differ with regard to them. We are, in general, obliged to refrain from killing each and everyone. We do not have a similar obligation to try to prevent each and everyone from (...) dying. In any case, to be morally obliged to persist in trying to prevent their deaths would be different from being morally obliged to refrain from killing all other people even if we had both obligations. (shrink)

It is often maintained that, since the buying and selling of organs—particularly the kidneys—of living people supposedly constitutes exploitation of the living vendors while the so-called “altruistic” donation of them does not, the former, unlike the latter, should be a crime. This paper challenges and rejects this view. A novel account of exploitation, influenced by but different from those of Zwolinski and Wertheimer and of Wilkinson, is developed. Exploitation is seen as a sort of injustice. A distinction is made (...) between justice and fairness. To exploit someone is to take advantage of him or her unjustly. Exploitation pertains to the nature of actions, interactions, and transaction rather than to their outcomes or to how they are perceived by exploitees. Desperation on the part of one or other of the parties to a transaction does not preclude the giving of valid consent to the transaction. Disparities of power or wealth between the parties to a transaction do not indicate or entail that the transaction will be exploitative. A disparity in the benefits that arise from a transaction between the parties does not indicate or entail that exploitation has taken place. (shrink)

In Wilkinson v. Kitzinger, the petitioner (Susan Wilkinson) sought a declaration of her marital status, following her marriage to Celia Kitzinger in British Columbia, Canada in August 2003. The High Court refused the application, finding that their valid Canadian marriage is, in United Kingdom law, a civil partnership. In this note, I focus on Sir Mark Potter’s adjudication of the human rights issues under Articles 8, 12 and 14 of the European Convention on Human Rights (E.C.H.R.), highlighting his (...) restatement of the ideology of the ‹traditional’ family as natural, normative and desirable. I argue that this case shows that the exclusion of same sex couples from marriage is a feminist issue, because denying same sex couples access to marriage works to sediment patriarchal ideas and re-inscribe gender roles within the family. (shrink)

Sentencing practices in cases of domestic homicide have been the object of critical scrutiny on previous occasions across a number of jurisdictions. It has been suggested by some that these practices reveal judges to be taking a more lenient approach to women who kill their violent male partners than to men who kill allegedly unfaithful female partners. This note evaluates claims of gender bias in sentencing practices in UK cases of domestic homicide following the Court of Appeal sentencing decision in (...) R. v. Suratan, R. v.Humes and R.v. Wilkinson [2002]E.W.C.A. 2982 concerning three men who killed their female partners. It will argue that in the wake of this decision current proposals to review both the substantive law of provocation and sentencing practices are to be welcomed. (shrink)

Public interest in the legacy of Russian religious philosophy, and above all in the legacy of V. S. Solovyov, reached its peak at the turn of the 1990s, after which it declined. As indirect evidence of this, we can note the remaining unrealized idea of installing a monument to the philosopher, slowing down the pace of work on the release of a complete collection of his works, and reducing the number of works dedicated to him. The year of the centenary (...) since the death of Solovyov was symptomatic, when the authoritative representatives of the Russian philosophical community, S.S. Khoruzhiy and P.P. Gaidenko made an ambiguous assessment of Solovyov's ideological heritage and its significance for the subsequent development of Russian socio-philosophical and religious-theological thought. In the article the statement that the genealogy of the critical interpretation of Solovyov's legacy goes back to the works of the philosopher and theologian G.V. Florovsky is substantiated. Florovsky influence in Russian studies, as well as in post-Soviet Russia in general is difficult to overestimate. In this regard, the author draws attention to the ideological evolution of Florovsky, which gives the key to his interpretation of Solovyov's philosophy. The analysis showed that Florovsky's critical reinterpretation of Solovyov's legacy had both a theoretical, theological, and doctrinal character, and was caused by certain socio-psychological factors related to the generational conflict between representatives and heirs of the Russian religious and philosophical Renaissance of the early XX century. It is demonstrated that the reception of Solovyov by Florovsky was very significant, influential and archetypal for Russian religious and philosophical thought, both in Russia and abroad. (shrink)

There is much to be learned philosophically from this volume, but philosophical instruction was not Kierkegaard's aim here, except in the broad sense of self-knowledge and deepened awareness. Indicating the intention of the discourses, the titles include "The Expectancy of Faith," "Love Will Hide a Multitude of Sins," "Strengthening in the Inner Being," "To Gain One's Soul in Patience," "Patience in Expectancy," and "Against Cowardliness."In tone and substance these works are in accord with the concluding words of encouragement in Either/Or, (...) which was paired with the first volume of discourses: "Ask yourself and keep on asking until you find the answer, for one may have known something many times, acknowledged it; one may have willed something many times, attempted it--and yet, only the deep inner motion, only the heart's indescribable emotion, only that will convince you that what you have acknowledged belongs to you, that no power can take it from you--for only the truth that builds up is truth for you.". (shrink)