Publisher's description: The realistic spirit, a nonmetaphysical approach to philosophical thought concerned with the character of philosophy itself, informs all of the discussions in these essays by philosopher Cora Diamond. Diamond explains Wittgenstein's notoriously elusive later writings, explores the background to his thought in the work of Frege, and discusses ethics in a way that reflects his influence. Diamond's new reading of Wittgenstein challenges currently accepted interpretations and shows what it means to look without mythology at the (...) coherence, commitments, and connections that are distinctive of the mind. (shrink)

In this paper, I plan to show that the use of a specific population concept—Millstein’s Causal Interactionist Population Concept (CIPC)—has interesting and counter-intuitive ramifications for discussions of the reality of biological race in human beings. These peculiar ramifications apply to human beings writ large and to individuals. While this in and of itself may not be problematic, I plan to show that the ramifications that follow from applying Millstein’s CIPC to human beings complicates specific biological racial realist accounts—naïve or otherwise. (...) I conclude with the notion that even if biological races do exist—by fulfilling all of the criteria needed for Millstein’s population concept (which, given particular worries raised by Gannett (Synthese 177:363–385, 2010), and Winther and Kaplan (Theoria 60:54–80, 2013) may not)—the lower-bound limit for the scope of biological racial realism is at the level of populations, and as such they cannot say anything about whether or not individual organisms themselves have races. (shrink)

Legal norms serve as practical standards for individuals and officials. While this ‘normative aspect’ of law is widely acknowledged, its significance for theories of law remains contested. In this paper, I examine three views on the matter. First, that we should explain legal norms as reason-giving. Second, that we should explain legal discourse as being about reasons for action. Third, that we should explain law as capable of being reason-giving. I survey some challenges associated with each of these views. What (...) they have in common is an implicit assumption about the form that normative explanation must take: that it must be a linear, non-reductive explanation. There is an alternative model for normative explanation available, however. That model explains normative notions in terms of the practices and attitudes involved in recognizing, offering, and demanding them. I highlight the potentials, and limitations, of this practice-centered alternative. (shrink)

This chapter aims to bring to the fore some of the ontological presuppositions that undergird the concepts of race and racism as they are used in public health. Included are discussions of differing accounts for race in public health, the ways in which racism is understood to be a public health issue, and where future research in public health, as it relates to the concepts of race and racism, is headed.

This paper is a response to a certain sort of argument defending the rights of animals. Part I is a brief explanation of the background and of the sort of argument I want to reject; Part II is an attempt to characterize those arguments: they contain fundamental confusions about moral relations between people and people and between people and animals. And Part III is an indication of what I think can still be said on—as it were–the animals' side.

Wittgensteinian ethics, it may be thought, is committed to detailed examination of realistically described cases, and hence to eschewing the abstract hypothetical cases, many of them quite bizarre, found in much contemporary moral theorizing. I argue that bizarre cases may be helpful in thinking about ethics, and that there is nothing in Wittgenstein's approach to philosophy that would go against this. I examine the case of the ring of Gyges from the Republic; and I consider also some contemporary arguments about (...) thought-experiments in philosophy. (shrink)

There is a natural view of nonsense, which owes what attraction it has to the apparent absence of alternatives. In Frege and Wittgenstein there is a view which goes against the natural one, and the purpose of this paper is to establish that it is a possible view of nonsense.

_Philosophy and Animal Life_ offers a new way of thinking about animal rights, our obligation to animals, and the nature of philosophy itself. Cora Diamond begins with "The Difficulty of Reality and the Difficulty of Philosophy," in which she accuses analytical philosophy of evading, or deflecting, the responsibility of human beings toward nonhuman animals. Diamond then explores the animal question as it is bound up with the more general problem of philosophical skepticism. Focusing specifically on J. M. Coetzee's (...) _The Lives of Animals_, she considers the failure of language to capture the vulnerability of humans and animals. Stanley Cavell responds to Diamond's argument with his own close reading of Coetzee's work, connecting the human-animal relation to further themes of morality and philosophy. John McDowell follows with a critique of both Diamond and Cavell, and Ian Hacking explains why Cora Diamond's essay is so deeply perturbing and, paradoxically for a philosopher, he favors poetry over philosophy as a way of overcoming some of her difficulties. Cary Wolfe's introduction situates these arguments within the broader context of contemporary continental philosophy and theory, particularly Jacques Derrida's work on deconstruction and the question of the animal. _Philosophy and Animal Life_ is a crucial collection for those interested in animal rights, ethics, and the development of philosophical inquiry. It also offers a unique exploration of the role of ethics in Coetzee's fiction. (shrink)

This article explores the tension between competing discourses within the European Union, as this regional trading bloc seeks to capture further gains from market integration, whilst simultaneously attempting to soften the social impact of regional competition within its borders. This article analyzes the difficulty of maintaining the European social model, or a revised version of it, in the context of increased market integration. Through a close reading of two cases decided by the European Court of Justice in 2007, the article (...) interrogates the extent to which discourses on social rights at the EU level can be made sufficiently robust to ensure the application of international or national labor standards as a buttress against increasingly mobile capital, in order to prevent “social dumping." It concludes, however, that the terms on which the foundational texts of the EU integration project operate—elevating “market" rights to equal, fundamental, status with social and labor rights—means that the exercise of social rights such as the right to strike is ultimately contingent on their compatibility with market integration. (shrink)

P.M.S. Hacker has argued that there are numerous misconceptions in James Conant's account of Wittgenstein's views and of those of Carnap. I discuss only Hacker's treatment of Conant on logical syntax in the _Tractatus. I try to show that passages in the _Tractatus which Hacker takes to count strongly against Conant's view do no such thing, and that he himself has not explained how he can account for a significant passage which certainly appears to support Conant's reading.

As we move toward the creation of a networked health information environment, the potential of privacy intrusions increases, with potentially devastating impact on quality and access to healthcare. This paper describes the risks we face and proposes a framework to minimize those risks. In particular, it proposes nine principles to protect privacy in an information age.

The idea of a fundamental difference between humans and animals may be used to justify subordinating animals to human interests. The presupposition that may need to be examined is that the moral relation to animals must be based on some fundamental property. Much of the discussion concerning animal awareness is framed in Cartesian terms, suggesting that a different perspective might be helpful in improving human-animal relationships and understanding.

In his adoption of the Maimonidean guidelines for extreme humility, the king acts as the supreme existential model for imitatio dei. Imperial governance, when filtered through the prism of Maimonidean humility, results in a regime that most closely resembles a divine one. Using those who occupy the very bottom of the social and political hierarchy (slaves and orphans) as models, the king projects his own sense of "lowliness" to the people. The king thereby promotes their sense of autonomy, and inhibits (...) any anthropocentrism that would be fostered if he were to be viewed as an autocrat. His administration of the royal office is limited by the ethical and philosophical dictates of humility, thereby offering a window into the distinction between its common (anivut) and extreme (shefal ruah) manifestations. Maimonides does in fact define the parameters of this extraordinary humility, but he chooses to do so within the context of a distinct and concrete personality--that of the king. (shrink)

Wittgenstein gives voice to an aspiration that is central to his later philosophy, well before he becomes later Wittgenstein, when he writes in §4.112 of the Tractatus that philosophy is not a matter of putting forward a doctrine or a theory, but consists rather in the practice of an activity – an activity he goes on to characterize as one of elucidation or clarification – an activity which he says does not result in philosophische Sätze, in propositions of philosophy, but (...) rather in das Klarwerden von Sätzen, in our attaining clarity in our relation to the sentences of our language that we call upon to express our thoughts.1 To say that early Wittgenstein already aspired to such a conception of philosophy is not to gainsay that to aspire to practice philosophy in such a manner and to succeed in doing so are not the same thing. It is therefore not to deny that, by Wittgenstein’s later lights, the Tractatus is to be judged a work that is marked by forms of failure tied to its having failed fully to live up to such an aspiration. But if it is thus to be judged, then it is to some degree a failure even by Wittgenstein’s own earlier lights. This means that if one wants to understand the fundamental turn in Wittgenstein’s thinking as he moves from his earlier to his later philosophy, and why it is that he wanted the Tractatus to be published and read together with Philosophical Investigations, one needs to understand what sort of failure this is – and that requires coming to terms with the Tractatus’s own understanding of what sort of work it was trying to be. We think that readers of the Tractatus – be they admirers or detractors of Wittgenstein – have, on the whole, failed to do this. (shrink)

The growth in the direct-to-consumer genetic testing industry poses a number of challenges for healthcare practice, among a number of other areas of concern. Several companies providing this service send their customers reports including information variously referred to as genetic ethnicity, genetic heritage, biogeographic ancestry, and genetic ancestry. In this article, we argue that such information should not be used in healthcare consultations or to assess health risks. Far from representing a move toward personalized medicine, use of this information poses (...) risks both to patients as individuals and to racialized ethnic groups because of the way it misrepresents human genetic diversity. (shrink)

(2013). Sickle Cell Disease and the “Difficult Patient” Conundrum. The American Journal of Bioethics: Vol. 13, No. 4, pp. 3-10. doi: 10.1080/15265161.2013.767954.

Picking up the question of what FLaK might be, this editorial considers the relationship between openness and closure in feminist legal studies. How do we draw on feminist struggles for openness in common resources, from security to knowledge, as we inhabit a compromised space in commercial publishing? We think about this first in relation to the content of this issue: on image-based abuse continuums, asylum struggles, trials of protestors, customary justice, and not-so-timely reparations. Our thoughts take us through the different (...) ways that openness and closure work in struggles against violence, cruel welcomes, and re-arrangements of code and custom. Secondly, we share some reflections on methodological openness and closure as the roundtable conversation on asylum, and the interview with Riles, remind us of #FLaK2016 and its method of scattering sources as we think about how best to mix knowledges. Thirdly, prompted by the FLaK kitchen table conversations on openness, publishing and ‘getting the word out’, we respond to Kember’s call to ‘open up open access’. We explain the different current arrangements for opening up FLS content and how green open access, the sharedit initiative, author request and publisher discretion present alternatives to gold open access. Finally drawing on Franklin and Spade, we show how there are a range of ‘wench tactics’—adapting gifts, stalling and resting—which we deploy as academic editors who are trying to have an impact on the access, use and circulation of our journal, even though we do not own the journal we edit. These wench tactics are alternatives to the more obvious or reported tactic of resignation, or withdrawing academic labour from editing and reviewing altogether. They help us think about brewing editorial time, what ambivalence over our 25th birthday might mean, and how to inhabit painful places. In this, we respond in our own impure, compromised way to da Silva’s call not to forget the native and slave as we do FLaK, and repurpose shrapnel, in our common commitments. (shrink)

We are printing, by kind permission of the Law Commission, two sections of the report of the Law Commission on injuries to unborn children. This report was the result of a request to the Law Commission by the Lord Chancellor at the time (Lord Hailsham of Saint Marylebone) to advise on `what the nature and extent of civil liability for antenatal injury should be'. The Law Commission followed its usual practice in such circumstances of consulting various bodies and obtaining expert (...) advice on the subject and then embodying the results in a working paper (Working Paper No. 47 - injuries to unborn children) published on 19 January 1973, which preceded their report (Cmnd 5709). Meanwhile a Royal Commission is considering much wider issues of civil liability for injury (including antenatal injury) but the terms of reference for the Law Commission were much narrower and confined to the position of children injured before birth. In the section relating to the present law the report makes it clear that it is probable that liability under the common law already exists. The Scottish Law Commission has also issued a report (Cmnd 5371). They were given different terms of reference and came to somewhat different conclusions. We are printing from this long report the paragraphs discussing the medical background and the summary of recommendations. As will be evident on reading the paragraphs on the medical background to injuries to the unborn child, events are moving very rapidly, particularly in the study of congenital defects and the effects of drugs but the problems of proof present great difficulty. Other causes of injury to the unborn child are better known to the general public: for example, those following the illness, infection and disease of the mother during pregnancy, injury caused in attempted termination of pregnancy and the risks resulting from the mother's condition. The summary of the recommendations sets out very clearly the legal position of the unborn child, as the Law Commission sees it, arising from injury before birth, the final conclusion being that `legislation is desirable'. These extracts from the report, apart from their intrinsic interest, lead on to the paper by Mr Kennedy and Dr Edwards in which they set out their criticisms of it, and provide quick references to the original document. (shrink)

Reading Wittgenstein with Anscombe, Going On To Ethics is a collection of seven essays, divided into three parts. The essays bring out connections between Wittgenstein's thinking and questions of continuing interest in the philosophy of language, logic, and ethics. A dialogue with Anscombe runs through the essays, which take up questions about how we should respond to thinking that has miscarried or gone off the rails. The main issues discussed in this book concern how we are to understand thoughts, forms (...) of words, and uses of language that seem crucially important to our understanding or self-understanding, but cannot fit in the template we instinctively bring to bear on questions about how language and thought are related to reality. The book presents Wittgenstein as a responsive philosopher, and it does this through a continuing dialogue with Anscombe. (shrink)

I want to argue for the importance of the notion human being in ethics. Part I of the paper presents two different sorts of argument against treating that notion as important in ethics. A. Here is an example of the first sort of argument. What makes us human beings is that we have certain properties, but these properties, making us members of a certain biological species, have no moral relevance. If, on the other hand, we define being human in terms (...) which are not tied to biological classification, if we treat as the properties which make us human the capacities for reasoning or for self-consciousness, then indeed those capacities may be morally relevant, but if they are morally significant at all, they are significant whether they are the properties of a being who is a member of our species or not. And so it would be better to use a word like ‘person’ to mean a being that has these properties , to bring out the fact that not all human beings have them and that non-human beings conceivably might have them. (shrink)