This research exposes the connection between economic inequality and racism. The central argument is that racism is predicated on the economic superiority of the racist. The corollary argument is that conceptions of skin colour are consequences rather than causes of racism: racism does not arise because of skin colour, but because different skin colours have become associated with certain economic conditions for a very long period of time in history. The argument is in fact extended to posit that the (...) topography of the racist relationship would be reversed if the economic tables were also reversed. The conclusion is that the relationship between racism and economic inequality is, therefore, more significant than the relationship between racism and skin colour. This conclusion has consequences regarding how races at the receiving end of racism should respond to racism. (shrink)

Acute stress has been linked with prosocial behavior, yet it is entirely unexplored how different types of stressors may affect individuals’ willingness to help: This is particularly relevant while people is experiencing multiple sources of stress due to the COVID-19 pandemic. Here we explore whether different types of stress influence peoples’ giving behavior and the moderating role of emotional intelligence. Undergraduate students were exposed to experimentally induced social, cognitive, or emotional stress and were asked to self-report on their willingness to (...) help and donate to a charity raising funds for COVID-19 and flu patients. Results showed that when compared to a control condition, after being exposed to a social stress, participants were more willing to help a person in need. Our results also provide evidence that, after experiencing a social stress, participants with high trait EI were more willing to help, and, as a result, donated more. Findings indicate that moderate levels of distress are associated with increased donations. Interestingly, when stress is not too threatening, high EI can regulate it and promote prosocial behaviors. (shrink)

Aims To examine the understanding of the ethical dilemmas associated with Big Data and artificial intelligence (AI) among Jordanian medical students, physicians in training, and senior practitioners. Methods We implemented a literature-validated questionnaire to examine the knowledge, attitudes, and practices of the target population during the period between April and August 2023. Themes of ethical debate included privacy breaches, consent, ownership, augmented biases, epistemology, and accountability. Participants’ responses were showcased using descriptive statistics and compared between groups using t-test or ANOVA. (...) Results We included 466 participants. The greater majority of respondents were interns and residents (50.2%), followed by medical students (38.0%). Most participants were affiliated with university institutions (62.4%). In terms of privacy, participants acknowledged that Big Data and AI were susceptible to privacy breaches (39.3%); however, 59.0% found such breaches justifiable under certain conditions. For ethical debacles involving informed consent, 41.6% and 44.6% were aware that obtaining informed consent posed an ethical limitation in Big Data and AI applications and denounced the concept of “broad consent”, respectively. In terms of ownership, 49.6% acknowledged that data cannot be owned yet accepted that institutions could hold a quasi-control of such data (59.0%). Less than 50% of participants were aware of Big Data and AI’s abilities to augment or create new biases in healthcare. Furthermore, participants agreed that researchers, institutions, and legislative bodies were responsible for ensuring the ethical implementation of Big Data and AI. Finally, while demonstrating limited experience with using such technology, participants generally had positive views of the role of Big Data and AI in complementing healthcare. Conclusion Jordanian medical students, physicians in training and senior practitioners have limited awareness of the ethical risks associated with Big Data and AI. Institutions are responsible for raising awareness, especially with the upsurge of such technology. (shrink)

Preoccupation with multiparty aggregative democracy in Africa has produced superficial forms of political/electoral choice-making by subjects that deepen pre-existing ethnic and primordial cleavages. This is because the principles of the multiparty system presuppose that decision-making through voting should be the result of a mere aggregation of pre-existing, fixed preferences. To this kind of decision-making, I propose deliberative democracy as a supplementary approach. My reason is that deliberation, beyond mere voting, should be central to decisionmaking and that, for a decision to (...) be legitimate, it must be preceded by deliberation, not merely the aggregation of pre-existing fixed preferences. I agree with arguments that when adequate justifications are made for claims/demands/conclusions, deliberation has the potential to have a salutary effect on people’s opinions, transform/evolve preferences, better inform judgments/voting, lead to increasingly ‘common good’ decisions, have moral educative power, place more burden of account-giving on public officers, and furnish subjects/losers/outvoted with justifications for collectively binding decisions. I argue that a deliberative turn in politics in Africa will have a mitigating effect on tribal and money politics. (shrink)

Most organizations and/or their sub-units like ethics programs want to acquire the knowledge, skills and other resources needed to achieve their goals efficiently and effectively. Thus, they want to acquire or develop needed capacity. But there are pre-conditions to building capacity that are often overlooked or forgotten, but which nevertheless, must be in place before capacity can be developed. This essay identifies these pre-conditions and discusses why they are necessary before attempts are made to enhance (...) the capacity of any ethics program. The essay closes by offering a series of questions that ethics program leaders/and or members can asked themselves to assess whether or not these pre-conditions exist. (shrink)

In her book Kant and the Capacity to Judge, Be ´atrice Longuenesse makes two apparently incompatible claims about the status of the categories in Kant's Critique of Pure Reason. On the one hand, the categories, in her words,?result from [the] activity of generating and combining concepts according to logical forms of judgment? and are thus?in no way prior to the act of judging?. On the other, they guide the unity which must be produced in the sensible manifold before any (...) combination of concepts into judgments can occur. Longuenesse?s strategy for rendering these two claims compatible is to draw our attention to the various roles the categories play as conditions of empirical judgment. This paper suggests that her arguments do not support the thesis that the categories themselves are generated out of acts of judging. Her insistence upon the priority of the capacity to judge may therefore claim more than is warranted. (shrink)

To the question,“what is sports”, or what is a good sports activity or event, I am sure Plato would know what to say, using references to his philosophical division of man into three parts, namely: the appetite soul; the emotional soul and the reasonable soul. Plato would have said that sports comes from the human person and being, and so, for any particular sports to be accorded the accolade of goodness it must have the correspondence of the three constituent (...) parts of man’s true nature. The concept of the soul in Plato is what exploring just as that of Professor Maduabuchi Dukor’s expositions concerning the African philosophical concepts of soul, mind, spirit and body as they affect philosophy of sports and the discipline of physical education. The article will therefore analyze the link between Plato concept of the good sports, Professor Dukor’s ontological ideas about the African core values as they affect the balance, harmony and health both the mind and body of the human being. The central point here is the analytical framework of enquiry which Plato sustained in his Dialogues when he queries people:“what is this?”. By this he wants people to appreciate the fact that when they are in search of truth, they usually have the impression that they have all when, actually, they have only half-baked understanding of issues. It is important therefore to understand the issues involved in the disciplines of physical education, philosophy of sports, ethics and the ontological frame of African philosophy as profiled under Professor Dukor theistic humanism of African philosophy. Centrally, the dialectical link between Plato and Dukor will expose the ethical dimension to sports development since every thing is not wining and money or drugs should not be the ultimate motivation for sports and physical exercises. The exercise of sports should lead to the dual development and balance of both mind and body; the highest being the competition of the soul with itself and not with others in which laurels, gold or money is won or lost. The man who wins is the one, like in the communal spirit of the African ontology, who has conquered over his selfishness and sacrifices for the good of the community. (shrink)

This paper dwells on the debate on the question of what is/are responsible for African underdevelopment and, by extension, what will influence African development. The debate currently dwells on how much of development is human and how much is environmental, extraneous and beyond human control. Joseph Agbakoba thinks that development involves both nature and human agency, acknowledges the effect of nature, equally sees philosophy as a critique of worldview and ideology, and African philosophy as saddled with the critique of the (...) African worldview and ideology, which he sees as malfunctioning in the context of the modern African civic society imported from Europe and needs certain adjustments. In other words, he sees development in Africa as not beyond human control. J. Obi Oguejiofor attempts to refute Agbakoba’s claim that worldview has anything to do with the African predicament, and concludes that the African predicament is as a result of geography, biogeography and history, but his advancement of these factors as being solely responsible for the African predicament completely ignores the human agency in development and lands him in determinism raising the question of the very relevance of African philosophy to African development. Conceptual analysis informs the dominant method of the paper. (shrink)

I argue that Simone de Beauvoir’s only play Les bouches inutiles reveals the centrality of failure in Beauvoir’s feminist account of political freedom. In recent years, political theorists have mobilized failure to capture the diverse ways of being and doing that stand outside of hegemonic models of political life, with some conceiving of failure as a form of negativity. Negativity, on these accounts, captures an “antisocial” form of resistance by which subjects refuse configurations of sociality in order to achieve (...) freedom. I argue, however, that this form of negativity runs counter to the collective conception of freedom in Beauvoir’s political thought. To make this case, I interpret the play as a performance manqué and demonstrate that the failures that the women encounter in Les bouches inutiles are conditional on responses from the men. This allows me to recover a conception of failure as a form of positive negativity. What Beauvoir does in her literary theory is to conceptualize that same place of negativity, to which men have consigned women, as a place from which women might disclose themselves and their unique situations. Read in this way, failure is both the foreclosure of the space of intersubjectivity between women’s appeals and men’s responses, and at the same time opens ways for women to resist those failures. I then leverage Eve Sedgwick’s theory of the periperformative to show how, by engaging in poetic practices, women re-signify the political meanings of their bodies and become free with and through others. I conclude by stepping outside of the frame of the play to evaluate its recent resignification by contemporary readers. Doing so underscores the point that resisting failure requires ongoing practices of contestation and disclosure by subjects and audiences across time to affirm the collective dimension of freedom in feminist political theory. (shrink)

In this paper, I endorse the idea that age is a defensible criterion for eligibility to vote, where age is itself a proxy for having a broad set of cognitive and motivational capacities. Given the current (and defeasible) state of developmental research, I suggest that the age of 16 is a good proxy for such capacities. In defending this thesis, I consider alternative and narrower capacity conditions while drawing on insights from a parallel debate about capacities and age (...) requirements in the criminal law. I also argue that the expansive capacity condition I adopt satisfies a number of powerful and complementary rationales for voting eligibility, and conclude by addressing challenging arguments that, on the one hand, capacity should not underlie voting eligibility in the first place, and, on the other, that capacity should do so directly and not via any sort of proxy, including age. (shrink)

In the last third of the twentieth century, humanists and social scientists argued that attention to genetics would heighten already‐existing genetic determinism, which in turn would intensify negative social outcomes, especially sexism, racism, ableism, and harshness to criminals. They assumed that laypeople are at risk of becoming genetic essentialists. I will call this the “laypeople are genetic essentialists model.” This model has not accurately predicted psychosocial impacts of findings from genetics research. I will be arguing that the failure of the (...) model can be traced to its inability to recognize the complexity of laypeople’s attitudes; its incorrect theory of how beliefs, attitudes, and discourse function; and its blindness to how academics’ own interests can override the available evidence. More specifically, I suggest that the substantial data about laypeople’s deployment of genetics supports what I will call the “laypeople are strategic essentialists model” better than the “laypeople are genetic essentialists model.” The strategic essentialists model holds that people tend to store multiple categories, including multiple causal forces, that they deploy “strategically” to serve context‐dependent goals. It will be difficult for academics to reorient ourselves to model laypeople as sophisticated strategic essentialists rather than as naïve genetic essentialists. Perhaps a little shift, however, will be of value. (shrink)

Bernard Matolino argues that the communal foundation of classical African communitarianism should be discarded if communitarian theories would be of any use to modern African political theory. He sets out to propose a theory of communitarianism that not only suits modern African realities but would also be useful to any people including non-Africans. I argue that what he ends up doing is proposing cosmopolitanism, calling into question the “Afro” designation of the title of his theory. I also argue that his (...) position on the relationship between the individual and the community is technically not communitarianism of any sort, calling into question the “communitarian” appellation in his theory. His attempt to divorce communitarianism from communalism is unsuccessful, making communitarianism as unsuitable as a theory of world relations as Matolino claims it is unsuitable for contemporary multiethnic African societies. (shrink)

Having taken note of, and critically analyzed, Professor Maduabuchi Dukor’s epochal work entitled“Theistic Humanism of African philosophy-the great debate on substance and method of philosophy”(2010), I am much encouraged and rationally convinced that he has succeeded in building the core critical and essential foundational pillars of what can safely pass for professional African philosophy, though much remains to be done by way of further research from other scholars. Based upon that conviction and the great prospects that the African philosophy project (...) breakthrough holds for every African philosopher in the global village, I am also motivated to take a closer look at, and carry out a critical exposition of the concept of justice in the context of African cultural values, using the propositions of what he calls the canons of cultural values that are native to African philosophy. These cultural values define African identity and delineateAfrica’s contributions to the advancement of the global ideas of justice, axiology, gender and globalization. The essence and methodology of this article, therefore, will lift the relevant thematic thrusts and arguments made by the erudite Professor of African philosophy to“properly locate African philosophy in the context of globalism, cosmopolitanism, science and what it could contribute to emerging global culture”(Dukor,2010:p.ix). The central point of this critical exposition is that his theistic inspired cultural humanism has enhanced the global understanding of not only justice but feminist rights and the urgent needs for African philosophy to make its contributions towards the emancipation of and empowerment of women both in the continent and globally. The feminist search for justice, according to Dukor, is“the current global pool where the African is needed urgently to intervene”, since“feminism and women liberation has truncated the equilibrium and balance of relations between man and woman. African contribution to this class struggle between man and woman is a neutral one that absorbs the man and woman to their respective natural places in the nature’s womb”. Women’s search for global justice and the struggle to have their human rights recognized as a part of mankind’s gender balancing process would be philosophically enriched by Professor Dukor’s cultural value propositions and canons of justice. (shrink)

Critical history is a philosophy of history that highlights the peculiarity and originality of the epistemology and methodology of Bernard Lonergan in the study of history. It is a method of reading the movement of history, through the Lonerganian creative criticism as well as a critical instrument that can help one rise above diverse forms of oversight and bias while working for progress in a human community. It tries to expound on how one can build personal capacities that work for (...) the advantage of the common good. Its precepts can help one achieve self-transcendence and authenticity which are essential in the making of a creative society. It can inspire and create symbols that link one's experience, imagination, rationality, responsibility and affectivity to authentic lived history. It can arouse an intellectual conversion that brings moral revival and can offer insights that help community planners in proposing proper solutions by identifying the actual drivers of progress, decline and re-covery in a society. Critical history creates an intellectual cultivation of mind and character achieved by insight which helps to build an authentic human person and progressive community. Its critical elements can lead to higher viewpoints that rise above prejudices, and these higher viewpoints can move one to integration to higher values. The result will be an authentic subjectivity and emergence of republic of virtues guided by objectivity and sound ethics. (shrink)

In his plea for consensual democracy in Africa, Kwasi Wiredu recommends unanimity about what is to be done, not what ought to be done, or unanimity on action rather than unanimity of values, beliefs and opinion. I caution the use of this procedural instrument by showing that some issues are so value-laden that a group decision cannot be value-neutral. It may sometimes be more productive to entertain value differences to keep them from going underground and becoming dangerous. However, the ability (...) to locate some common interest or ground seems to be crucial for such value confrontation. (shrink)

Kwasi Wiredu has proposed a democracy by consensus as an alternative to the majoritarian model of democracy many African countries inherited from their colonial masters. As part of his proposal, Wiredu made a number of claims about traditional African consensus democracy that appear to be personal conjectures rather than information obtained from proper empirical investigation. These apparent conjectures have led to confusion and disagreements regarding what actually happened in these traditional societies. In this article, I outline the dangers of such (...) an approach to scholarship. I show that Bernard Matolino’s attempt to defend this methodological laxity is not successful. I argue that inaccurate claims can lead to inaccurate values, and to the designing of mistaken social and political systems. (shrink)

This study aims to analyse the pros and cons of imposing penalties or fines in law enforcement regulations for violating health protocols in Indonesia. Some people consider that the norm of the fine sanctions in statutory provisions regulating health protocol violators is unconstitutional, but others say it is constitutional. As a country with the largest Muslim population in the world, a study of the perspective of Islamic law is essential. This article uses a normative legal research methodology using two main (...) approaches: the statutory and conceptual approaches. The results show that fines are found in the criminal law clusters and state administrative law. Penalties in state administrative law in their enforcement do not require intervention from other institutions. Still, they can be carried out directly by government officials whose authority has been determined in the laws and regulations. Meanwhile, from the Islamic perspective, the fine sanctions can be applied, in the context of hifz Al-Insan, in Maslahah Mursalah as part of the maqasid al-Syari’ah. The obligation to obey government regulations is part of a person’s obedience to God’s commands. Contribution: This study’s findings can support the government in enforcing the law to combat the spread of the coronavirus disease 2019 (COVID-19) in Indonesia and other countries because, constitutionally, the law is legal. Then, the legality of fines for violators of the COVID-19 health protocol, from an Islamic perspective, does not contradict maqasid al-shari’ah. So, there should be no doubts for Muslims to obey these regulations. (shrink)

The capacity to designate a surrogate is not simply another kind of medical decision-making capacity. A patient with DMC can express a preference, understand information relevant to that choice, appreciate the significance of that information for their clinical condition, and reason about their choice in light of their goals and values. In contrast, a patient can possess the CDS even if they cannot appreciate their condition or reason about the relative risks and benefits of their options. Patients who (...) lack DMC for many or most kinds of medical choices may nonetheless possess the CDS, particularly since the complex means-ends reasoning required by DMC is one of the first capacities to be lost in progressive cognitive diseases. That is, patients with significant cognitive decline or mental illness may still understand what a surrogate does, express a preference about a potential surrogate, and be able to provide some kind of justification for that selection. Moreover, there are many legitimate and relevant rationales for surrogate selection that are inconsistent with the reasoning criterion of DMC. Unfortunately, many patients are prevented from designating a surrogate if they are judged to lack DMC. When such patients possess the CDS, this practice is ethically wrong, legally dubious and imposes avoidable burdens on healthcare institutions. (shrink)

In decrying the evils of supernaturalism, African philosopher Kwasi Wiredu proposes humanism, by making concern for human well-being the basis for morality. However, the presentation of humanism as a simple replacement of supernaturalism is objectionable. Wiredu’s notion of supernaturalism is too narrow, since it is only a variant of supernaturalism. His reference to humanism is too broad, since humanism is an umbrella of very conflicting worldviews, such as that between secular and theistic humanism. Although Wiredu does not specify which (...) variant of humanism he means, and although he acknowledges that the Akan believe in a Supreme Being, his general ontology shows that he is closer to the secular than the theistic variant. This article explores the ideological extensions of the two and argues that theistic humanism provides the compatibility needed for being religious and at the same time basing morality on humanistic/naturalistic concerns. In doing so, it distinguishes supernaturalism per se from its ethical and cosmological variants. As a corrective to Wiredu, this article blames these two variants of supernaturalism, rather than supernaturalism per se, for the evils that Wiredu adduces. The conclusion is that in theistic humanism, humanism escapes the dangers of ethical and cosmological supernaturalism without necessarily adopting the antisupernaturalist connotations currently popular with modern secular humanism. (shrink)

In his proposal for a democracy by consensus, Wiredu argued that deliberation is an activity that depends solely on the logical persuasiveness of ideas. Emmanuel Chukwudi Eze and I had objected to this view of deliberation. Bernard Matolino has responded separately to Eze and me by sticking to Wiredu’s position that deliberation is a purely rational activity. In this article, I support my earlier claim that persuasion (and hence deliberation) is not an entirely logical activity, and our concern as human (...) beings is to recognize the influence of non-rational factors, for the purpose of minimizing the role of these non-rational factors. My general aim here is to explore the implications of a counterfactual situation in which we assume that deliberation is a purely rational activity, and these implications are unpalatable even to proponents of deliberation as a purely rational activity. My conclusion is that it is only by recognizing the role of non-rational factors in deliberation that we are driven to institute mechanisms to ensure that logic dominates over non-rational factors as much as practicable in either persuading or in being persuaded. Assuming that deliberation is a purely rational activity, on the other hand, forestalls any measures and allows non-rational influences to fester undeterred. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 34.3 (2001) 245-259 [Access article in PDF] Virtue in Aristotle's Rhetoric: A Metaphysical and Ethical Capacity Susan K. Allard-Nelson It has been argued that Aristotle's description of excellence (aretê) as a capacity (dynamis) in Rhetoric 1.9 is inconsistent with his treatment of excellence in Nicomachean Ethics 2.5, where he specifically argues that aretê is not a dynamis, but a hexis (i.e., a state or (...) condition). 1 Certainly, the word that Aristotle uses throughout the Nicomachean Ethics to both describe and categorize aretê is hexis, and he uses this word at Rhetoric 1.6.1362b13, where he says that several of the virtues, and all other such states (kai hai allai hai toiautai hexeis), are excellences of the soul. However, as part of his discussion of the ethical aspects of oratory, Aristotle states that aretê is "a capacity (dynamis) of providing and preserving good things, and a capacity of conferring many great benefits (euergetikê)" (Rh. 1.9.1366a36-1366b1). 2 This discussion is set in language similar to that used to discuss excellence and goodness in Rhetoric 1362b2-4 and 1361a28-30; this suggests that Aristotle intentionally identifies aretê with dynamis in this text, and, to some degree at least, with the dynamis to benefit others. In the former passage, Aristotle claims that "the excellences, too, must be a good thing, for those who possess them are in a good condition, and they are productive of good things and good actions" (Rh. 1.6.1362b2-4). In the latter passage, Aristotle states that honor (timê) can be paid, not only to those who have already done good, but also to those who have the capacity to do good (dynamenos euergetein) in the future. Indeed, in the Rhetoric 1.9.1366b3-7, Aristotle further unites the concepts of excellence, capacity, and beneficence by stating, "If excellence is the capacity of conferring benefits (dynamis euergetikê), then the greatest virtues must be those which are the most useful to others, and, for this reason, justice and courage are the most honored; for the latter is useful to others in war, and the former both in war and in peace" (1366b3-7). [End Page 245]Based on an understanding of this apparent inconsistency in terminology as intentional on Aristotle's part, I intend to argue here that Aristotle's identification of aretê with dynamis in Rhetoric can be understood within the highly specific context of rhetoric as an art as more appropriate, both metaphysically and ethically, than would have been an identification of aretê with hexis. I also intend to argue that, while certain tensions and difficulties are created by the classification of aretê as a dynamis in the Rhetoric and as a hexis in the Nicomachean Ethics, 3 Aristotle can be defended against the charge of inconsistency.To this end, then, I begin by examining the implications of defining rhetoric as an art (technê) that has persuasion (pistis) as its end (telos) and function (ergon). 1. Rhetoric is an art, and, as we know from EN 6.4, art is identical to a state of reasoned capacity to make, and all art is concerned with the coming into being of something that is capable of either being or not being, and whose origin is in the maker (1140a1-23). Art is a rational capacity, or a potency that moves according to, and involves, a rational formula (kai ta men kata logon dynatai kinein kai hai dynameis auton meta logou), and, as such, it is capable of producing contrary effects (Met. 9.5.1047b31-1048a24). For this reason, and to negate the impossibility of contrary effects being produced simultaneously, Aristotle states that a rational capacity involves not only the elements of agent and patient, but also a desire or choice on the part of the agent that moves her 4 to act (Met. 9.5.1048a10). This necessary desire or choice, in fact, explains why an inference in the case of the arts (or of any rational capacity) can be made in one direction... (shrink)

I revisit in this article the question of the possibility of political integration of the Afri- can continent, something rst proposed by Kwame Nkrumah and then re-proposed by Muamar Gaddaf . My focus here is not to examine the extent of African leaders’ willing- ness to bring about integration, nor will I concentrate on the political intrigues surround- ing it (though these will be brie y acknowledged). Further, I will not contest Nkrumah’s economic argument (which is commonsensically correct and in (...) line with mainstream eco- nomics) but will, instead, take up the more normative question of the possibility, and thus practicability, of political integration in light of cultural and ethnic heterogeneity on the continent. I argue that political integration is possible, and I support the gradualist view- point by drawing lessons from Nicholas Taleb’s concept of antifragility and pointing out that there is almost as much heterogeneity at individual and simpler society levels as there is in ethnically diverse societies. (shrink)

Building on Seumas Miller’s concept of corruption leads me to conclude that the question of disposition is central to the concept of corruption, which prompts me to consider punishment theories with regard to deterring dispositions to corruption. However, problems with punishment as a stand-alone approach lead me to consider institutional reform recommendations. Although institutional reforms have the weakness of merely engaging corrupt disposition in a hide-and-seek game, I seek to reconcile institutional approaches and moral individualism by suggesting that the former (...) is intended to aid the latter, in the sense that resisting corruption is a question of cost, and the onus is to determine how to reduce this cost. In this regard, prevailing proposals are inept without an enabling environment: public deliberation (comprising publicity and deliberation) is a necessary (though not sufficient) condition for combating corruption, because it (1) compels reason to function at its best, (2) demands rational accountability, and therefore account-giving, (3) increases ‘common-good’ thinking, (4) facilitates the recruitment of responsible institutional role-occupants, and (5) is a self-correcting instrument. (shrink)

"We often find that the state of not-knowing can be a precursor to moments of rich discovery which possess a dynamic, transformative power that exceeds any prior expectation." From the Introduction In daily life, when we see, hear or touch something that we don't recognise, we are instantly at our most alert. In that condition of 'not-knowing' we are in a state of alive, lithe awareness: asking questions, inviting input, open to learning, looking for significance and meaning... These essays, most (...) by practising psychotherapists, some of them Buddhists, take as their starting point the idea that not-knowing is fundamental to conscious reflection and the desire to know must always arise in the first instance from the self-awareness of not-knowing. Read in any order, on waking, before sleeping or when in doubt... they will be of interest to anyone who has ever sat in either chair in a psychotherapist's or counsellor's room - as well as anyone troubled or intrigued by what it takes to live comfortably and well in a condition of not knowing all (or even any) of the answers. (shrink)

We present an axiomatic model of preferences over menus that is motivated by three assumptions. First, the decision maker is uncertain ex ante (i.e., at the time of choosing a menu) about her ex post (i.e., at the time of choosing an option within her chosen menu) preferences over options, and she anticipates that this subjective uncertainty will not resolve before the ex post stage. Second, she is averse to ex post indecisiveness (i.e., to having to choose between options that (...) she cannot rank with certainty). Third, when evaluating a menu she discards options that are dominated (i.e., inferior to another option whatever her ex post preferences may be) and restricts attention to the undominated ones. Under these assumptions, the decision maker has a preference for commitment in the sense of preferring menus with fewer undominated alternatives. We derive a representation in which the decision maker’s uncertainty about her ex post preferences is captured by means of a subjective state space, which in turn determines which options are undominated in a given menu, and in which the decision maker fears, whenever indecisive, to choose an option that will turn out to be the worst (undominated) one according to the realization of her ex post preferences. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Kant and the Capacity to Judge; Sensibility and Discursivity in the Transcendental Analytic of the Critique of Pure Reason by Beatrice LonguenesseMichelle GreerBeatrice Longuenesse. Kant and the Capacity to Judge; Sensibility and Discursivity in the Transcendental Analytic of the Critique of Pure Reason. Translation by Charles T. Wolfe. Princeton, NJ: Princeton University Press, 1998. Pp. xv + 420. Cloth, $59.50.Kant and the Capacity to Judge (...) is a translation of Longuenesse’s Kant et Pouvoir de juger, although Longuenesse has revised and added to the original version. The central argument seeks to demonstrate the essential role played by the logical forms of judgment in the arguments of Kant’s first Critique. Longuenesse emphasizes straight away Kant’s efforts (in the Metaphysical Deduction) to deduce a set of pure concepts from the logical forms of judgment. Against many standard readings, she aims to reveal the very “tight” connection between this attempt and subsequent arguments in the Transcendental [End Page 372] Analytic. That Kant takes the functions of judgment to be relevant to these arguments is hardly a novel claim. The originality of Longuenesse’s work, however, stems both from the central and pervasive role she assigns to the logical forms of judgment, and from the impressive, painstaking effort she makes to sustain the close connection between these forms and Kant’s subsequent arguments. According to Longuenesse, any proper understanding of the arguments of the Transcendental Analytic absolutely depends upon relating these “down to the minutest details of their proofs,” to the role of the logical forms (5).These minute details do not escape Longuenesse in her subsequent elaboration on this original thesis. Given the length and detail of her work, I can only highlight a few of the central points and strategies. One should note from the outset, however, that the detail and the scholarship evinced to support her claims constitute much of what is of value in the book. Many of these “supporting arguments” and discussions, which include efforts to trace Kantian conceptions back to their historical/philosophical origins, stand in their own right as independent contributions to Kant scholarship and interpretation.The work is divided into three parts. The first part is essentially propaedeutic. Longuenesse begins by drawing a distinction between the potential or capacity to judge and judgement itself (i.e., the “actualization” of this judgmental capacity under [externally grounded] sensory stimulation) (7). Taking this distinction as her cue, Longuenesse seeks to reveal the way in which the line of argumentation in the transcendental analytic presents an extended investigation into the formal capacity (ibid). The centrality of the logical forms of judgment is secured early on by assigning them a substantive role in the very presentation of something in intuition “as” an “object.” Insofar as she assigns this role to the logical forms themselves, her account clearly undercuts the primary function of the categories in this regard. Relevant here is Longuenesse’s construal of “appearances” as the intentional correlates of our representational capacities and activities (cf. 20–21). Given this, the problem now motivating the transcendental deduction is how to make sense of the relation between this “internalized” object of (indeterminate) empirical intuition (the appearance) and the object corresponding to intuition which concepts allow one to think in a determinate way (the phenomenon). This ability to think the object in a determinate fashion appears to be the essential contribution made by judgement.These preliminary considerations ground Longuenesse’s efforts (in Part Two) to isolate and examine the discursive activity of judgment. Longuenesse stresses the reflective (and not simply the determinative) role of judgment and its forms. Indeed, she suggests that concepts (not merely empirical concepts, but also the pure concepts of the understanding themselves) are formed by reflecting (through acts of comparison, reflection, and abstraction) on the “sensible given.” Drawing extensively from the Logic, she interestingly argues that the form of judgment itself carries with it some inherent claim to objectivity. Thus, objectivity is folded into the formal activity of judging by being identified as a “normative propensity” inherent in every judgment by virtue of its form alone (87–88). Longuenesse accordingly eschews efforts to downplay the role of the logical use of the... (shrink)

Most work at the intersection of law and the philosophy of action focuses on criminal responsibility. Unfortunately, this focus has been at the expense of reflecting on how the philosophy of action might help illuminate our understanding of issues in civil law. In this essay, focusing on Anglo-American jurisprudence, we examine the conditions under which a party to a legal agreement is deemed to have the capacity required to be bound by that agreement. We refer to this condition (...) as the capacity condition. We begin by showing how recent work on the metaphysics of powers might ground an account of the role of capacities in the metaphysics of intentional agency. After discussing the capacity to contract in Anglo-American jurisprudence, we show how the general ontology of capacities and agency sketched can ground and help clarify legal thinking about capacity. We argue that when we couple our understanding of capacity with relevant recent data from developmental neuropsychology, a lacuna in Anglo-American contract law becomes evident. Specifically, it appears that persons in early adulthood do not clearly satisfy the conditions requisite for them to satisfy the capacity condition. In the light of this, we sketch some potential solutions that are compatible with existing legal standards and would contribute to a more consistent application of the capacity condition in contract law. (shrink)

ABSTRACTThe mainstream of academia thinks that Xunzi’s theory of human nature, which claims that human nature is bad, is in contrast with those of Confucius and Mencius and is unable to provide a foundation for human moral subjectivity. However, there are more and more scholars bringing up different ideas, such as Lu Debin and Fung Yiuming. They think that Xunzi’s wei 偽, which includes zhi知 and neng 能, is a kind of inborn capacity to think and activate that belongs (...) to xing. This paper points out that zhi and neng belong to xin 心 rather than xing. In the text of Xunzi, xing is mainly regarded as human emotions and desires which would result in chaos if not controlled. Making zhi and neng belong to xing does not accord with Xunzi’s theory and will confuse people with the connotation of Xunzi’s xing. (shrink)

This chapter develops the concept of heterogeneous political space as an alternative to the exclusively human political sphere which dominates Western political thinking about collective action and justice. The aim is to make evident that capacities for action are constituted in heterogeneous milieus and to argue that insofar as political thought does not register this it is inadequate to thinking justice and flourishing in a world where ecological change renders human and nonhuman modes of life increasingly precarious. Heterogeneous political spaces (...) are constituted by compositions of material, affect and desire which are occluded by humanist and individualist theories of action that theorise collective action at the register of a macro-political order made up of unified rational subjects with clear intentions and commitments. Gilles Deleuze and Félix Guattari’s concepts of following and assembling enable accounts of a molecular or micro-political register composed of het- erogeneous collectivities in processes of composition. In their insistence that human action cannot be separated from the productions of nature, we find that heterogeneity, rather than human plurality, is given as a condition of action. Conceiving of political action in terms of heterogeneity brings into view the processes by which capacities for political action are constituted by non- human forces, entities and elements. It focuses attention on that in virtue of which political action occurs, rather than on the intentional aspect of actions which aim to achieve an individualised interest (whether it be the interests of a human individual or individuated group). Heterogeneous political space complexifies our thinking about political action and diffuses the agency of political subjects so as to render our thinking more adequate in several sig- nificant regards. It provides a conceptual resource that brings the diverse human-nonhuman entanglements to the fore and thus acknowledges the differing ways that capacities for political action are constituted in different assemblages that always cmprise nonhumans. This disrupts the liberal, humanist view of politics where nonhumans are excluded from the domain of action and appear only as passive resources to be exploited for human plans and actions. Further, by challenging the view of the more-than-human world as passively ‘standing-reserve’ for the purposes of human agents, the concept of heterogeneous political space invites a critical questioning whether the conception of political space as exclusively human is capable of attending to issues of ecological justice where the well-being of humans and ecosystems is inextricable. In short, when the more-than-human world is excluded from conceptions of political space neither the needs of nonhumans (plants, animals, ecosystems, waterways) nor the constitution of human cap- acities in relation with nonhumans (co-habitation, dependence, care) register as politically significant. This, in effect, obscures the ways that different human-nonhuman assemblages increase and diminish capacities for action. (shrink)

This article explores the usefulness of interdisciplinarity as method of enquiry by proposing an investigation of the concept of information in the light of semiotics. This is because, as Kull, Deacon, Emmeche, Hoffmeyer and Stjernfelt state, information is an implicitly semiotic term (Biological Theory 4(2):167–173, 2009: 169), but the logical relation between semiosis and information has not been sufficiently clarified yet. Across the history of cybernetics, the concept of information undergoes an uneven development; that is, information is an ‘objective’ entity (...) in first order cybernetics, and becomes a ‘subjective’ entity in second order cybernetics. This contradiction relegates the status of information to that of a ‘true’ or ‘false’ formal logic problem. The present study proposes that a solution to this contradiction can be found in Deely’s reconfiguration of Peirce’s ‘object’ (as found in his triadic model of semiosis) into ‘thing’ and ‘object’ (Deely 1981). This ontology allows one to argue that information is neither ‘true’ nor ‘false’, and to suggest that, when considered in light of its workability, information can be both true and false, and as such it constitutes an organism’s purely objective reality (Deely 2009b). It is stated that in the process of building such a reality, information is ‘motivated’ by environmental, physiological, emotional (including past feelings and expectations) constraints which are, in turn, framed by observership. Information is therefore found in the irreducible cybersemiotic process that links at once all these conditions and that is simultaneously constrained by them. The integration of cybernetics’ and semiotics’ understanding of information shows that history is the analytical principle that grants scientific rigour to interdisciplinary investigations. As such, in any attempt to clarify its epistemological stance (e.g. the semiotic aspect of information), it is argued that biosemiotics does not need only to acknowledge semiotics (as it does), but also cybernetics in its interdisciplinary heritage. (shrink)

The enrolment of children and adolescents in health research requires that attention to be paid to specific assent and consent requirements such as the age range for seeking assent; conditions for parental consent (and waivers); the age group required to provide written assent; content of assent forms; if separate assent and parental consent forms should be used, consent from emancipated young adults; reconsent at the age of adulthood when a waiver of assent requirements may be appropriate and the (...) class='Hi'>conditions for waiving assent requirements. There is however very little available information for researchers and ethics committees on how to navigate these different issues. To provide guidance to research initiatives, the SickleInAfrica consortium conducted a thematic analysis of a sample of research ethics guidelines and procedures in African countries, to identify guidance for assent requirements in health research. The thematic analysis revealed that 12 of 24 African countries specified the age group for which assent is required. The minimum age for written assent varied across the countries. Five countries, Algeria, Botswana, Cameroon, Nigeria and The Democratic Republic of Congo require consent from both parents/family council in certain circumstances. Botswana, Nigeria, South Africa and Uganda have specific assent/consent requirements for research with emancipated minors. South Africa and Algeria requires re-consent at onset of adulthood. Five countries (Botswana, Cameroon, Nigeria, South Africa and Tanzania) specified conditions for waiving assent requirements. The CIOMS and the ICH-GCP guidelines had the most comprehensive information on assent requirements compared to other international guidelines. An interactive map with assent requirements for different African countries is provided. The results show a major gap in national regulations for the inclusion of minors in health research. The SickleInAfrica experience in setting up a multi-country SCD registry in Africa highlights the need for developing and harmonising national and international guidelines on assent and consent requirements for research involving minors. Harmonisation of assent requirements will help facilitate collaborative research across countries. (shrink)

This essay begins with the claim that intercultural dialogue is an art rather than a science or technique and it attempts to point out what it takes to learn the art of intercultural dialogue. In PART ONE some basic forms of intercultural dialogue are presented which correlate to some basic forms of human life, such as family, politics, economy, science, art and religion. Also a few common traits about how intercultural dialogue is practised today are specified. PART TWO is pointing (...) out that cultural pluralism is not merely a political ideology, but rather a realistic political attitude towards the social realities in all cultures. Cultural pluralism means to accept that a certain variety of different forms of life is existing already within every culture, country or nation. Further it it argued that any society whether it is governed by a modern democracy or by a more traditional political system, such as a monarchy, needs some ethical, legal and political orientation in order to guarantee civil liberties, but also to limit civil, economic and political freedom. A common normative orientation being based on ethical ideals, principles, norms and values can only be established by philosophy and jurisprudence and neither by science nor by religion and neither by democracy nor by economy alone. Finally, PART THREE presents and discusses shortly a few reflections about three philosophical models of dialogue by Buber, Jaspers and Gadamer which are relevant to intercultural dialogue, to interreligious dialogue and last, but not least to philosophical dialogue. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Appreciating Anorexia:Decisional Capacity and the Role of ValuesThomas Grisso (bio) and Paul S. Appelbaum (bio)Keywordscompetence, consent, anorexia, appreciation, decision makingTan and her colleagues (2006) reported that persons with anorexia nervosa typically manifest no difficulty satisfying the criteria for abilities associated with competence to consent to or refuse treatment. Their results led them to conclude that these patients generally had no problem grasping the nature of anorexia and its (...) possible consequences (understanding), typically did not have difficulty processing information when making treatment decisions (reasoning), and usually neither denied that they had a disorder nor manifested distorted beliefs about the potential consequences of treatment for the disorder.Nevertheless, these authors found, some anorexia patients said that they knew they might die and that they would rather die than suffer the alternative consequences (e.g., loss of identity, feeling of being disgusting). They point out that these beliefs, suggesting questionable competence, were not identified by the usual criteria for competence to consent to treatment. Therefore, they propose that we should consider a modification of the criteria for competence to consent to treatment. They argue for inclusion of "pathological values" as the basis for a finding of incompetence. Their notion of a pathological value (as we summarize it based on their Discussion) includes (a) a personal value (b) on which treatment refusal is based, that (c) is not authentic, and (d) is due to a mental disorder.Second, Tan and colleagues were concerned that the MacArthur Competence Assessment Tool for Treatment (MacCAT-T), currently used widely to assess competence to consent to treatment, did not seem to take values into account when examining deficits related to lack of appreciation or reasoning. They point out that most patients with anorexia nervosa in their study had "pathological values" that influenced their thinking about treatment, yet they did not obtain poor scores on the instrument's appreciation scale, which assesses whether patients deny that they have the illness or offer reasons for accepting or refusing treatment that are based on delusional premises or a serious distortion of reality. Moreover, almost all of the anorexia patients in the study obtained adequate scores on reasoning, which examines the ability to process options and consequences when weighing a treatment decision. [End Page 293]Reasons for Caution in Altering Criteria for CompetenceA fundamental step in considering Tan and her co-worker's proposal is to examine whether it is necessary to add a concept of "pathological values" to the legal construct of competence to consent to treatment. Modifying the legal doctrine of consent is important if that is needed to improve its validity or reliability. But modifications of the doctrine would have considerable costs, including a long process of producing logical and empirical evidence for its necessity, developing methods to assess the new concept, and then a process of debate, persuasion, and education to change laws, ethical guidelines, and medical training. Moreover, principles of theory building urge parsimony. A theory should employ no more concepts or assumptions than are required to account for the phenomena that the theory seeks to organize or explain. So one must be sure that modifications are truly necessary before adding complexity to the theory of decisional competence.In addition, there is an inherent danger in altering a concept like competence to consent to treatment on the basis of the study of any one mental disorder. It is not at all clear how the modification might influence findings of competence when applied to other disorders. Using a study of patients with anorexia nervosa as the impetus for changing the competence concept runs this risk. For example, anorexia is one of a class of mental disorders that is characterized by a failure to abstain from behavior (here, limiting food intake and other behaviors designed to reduce weight) that has negative consequences for the person. Other conditions in this category might include substance abuse disorders and impulse control disorders (e.g., pathological gambling). Even if one concludes that revised criteria for competence would reduce false-positive findings of competence in this group of disorders, one would have to consider carefully its impact on the full range of disabling mental conditions.Moreover, the sensitivity... (shrink)

continent. 1.4 (2011): 253—278. A Sense of French Politics Politics itself is not the exercise of power or struggle for power. Politics is first of all the configuration of a space as political, the framing of a specific sphere of experience, the setting of objects posed as "common" and of subjects to whom the capacity is recognized to designate these objects and discuss about them.(1) On April 14, 2011, France implemented its controversial ban of the niqab and burqa , (...) commonly referred to as the Islamic veil, in public places. On the coattails of the 2004 prohibition of religious artifacts, including the less concealing hijab or Islamic headscarves, in schools, the veil ban sparked equal outrage across both political and theological spectra, and many on both sides of the debate were quick to inquire about enforcement. As Steven Erlanger reports, “The police do not have the authority under the law to remove full veils, only to fine or require citizenship lessons for those who violate the new law.”(2) While the legal and social implications of this interdiction are ripe for study, the reprisals for breaking the law, notably compulsory citizenship classes, illuminate the strategic governmentality underlying the French government's targeting of the Muslim community, particularly those elements it considers affiliated with fundamentalist factions and/or terrorist organizations, if only through fashion—an integral component of French citizenship. Indeed, in allowing the (fashion) police to mandate instructional courses in citizenship for offenders, France implies that any Muslim choosing to wear the niqab or burqa , perhaps even for those who are already citizens, must not be aware of the subtle nuances of dress indicative of the French citizenry within public space. Furthermore, the degree of instruction requisite to citizenship, which clearly can and must be updated as the state sees fit, cements the imagined relation between citizens and states within the discourses on the veil ban. As Sharma contends, “Concepts of citizenship are the ideological glue that bonds the nation to the state. Citizenship provides the legal framework through which the state performs its role as ruler for the nation.”(3) Speaking for/as the state, French President Nicolas Sarkozy declared in a 2009 presentation before members of the government and other citizens that the burqa “is not welcome on the territory of France.”(4) Although there is nothing unique, especially recently, about a nation-state taking extreme measures to guard itself against what it deems to be threats to its sovereignty, the way in which the ongoing discourses on hijab have (d)evolved, which coincide with recent pronouncements by governmental leaders in Germany, Britain, and France that policies of multiculturalism have “failed,”(5) points toward nationalist reterritorializations, which is also to say physical and ideological re-appropriations, of public space within democratic milieux, which remain predicated upon the mediation of spaces. As Panagia deduces from Rancière, “Democracy […] is not an institutional form of government […], but an appearance whose visibilities and audibilites arise out of the dissonant blur of the everyday.”(6) Ultimately, the veil ban represents a calculated move to regulate the every day, which is to say the micropolitics of, that which is visible and invisible within French society, which makes it nothing short of a struggle to manage (the sensation of) bodies. Re-situating the political within the context of sense, Rancière argues that the fundamental essence of politics lies within the distinction between consensus and dissensus , and whereas most consider politics proper as fundamentally concerned with the fluid operations of the state— consensus , Rancière actually locates the political within events that disrupt the normative sensory order of things— dissensus . He explains, “Politics revolves around what is seen and what can be said about it, around who has the ability to see and the talent to speak, around the properties of spaces and the possibilities of time.”(7) This reformulation of politics centers on agency and, albeit perhaps unintended, representationality and offers a useful formulation for spatializing the discourses surrounding the Islamic veil, which are mired within seemingly senseless policies and practices of objectification. Instituting a normative “regime of visibility,” the French veil ban encapsulates the political economy of agency, now both mediated and representational, under the rule of nationalist governmentalities in increasingly transnational contexts.(8) Adjudicating presence within public space signals a concern with the sensory aspects of agency itself—what Rancière terms the “distribution of the sensible,” which is “a matrix that defines a set of relations between sense and sense: that is, between a form of sensory experience and an interpretation which makes sense of it.”(9) To be concerned with sense is to focus upon the body, and this somatic repositioning of the (fashionable) citizen within the territory of the state augurs the resurgence of nationalist bio-politics within Europe, since, as Hage explicates, “Nationalism, before being an explicit practice or a mode of classification, is a state of the body. It is a way of imagining one's position within the nation and what one can aspire to as a national.”(10) The French government's attempt to make (bodily) sense of public space for its citizens by and through policies aimed against a burqa-clad Muslim minority, which might only apply to “less then 400 to fewer than 2,000” women(11), reveals the necessary, yet mercurial, transmutation of public space into national space through bio-political strategies of sense-making, which, as Hage observes, denotes that “nationalists perceive themselves as spatial managers.”(12) At the center of this concern over public space is the equally contentious dimension of governing female Islamic identity, which has become one of the main critiques levied against Islam from outsiders who view the veil in its various forms as a clear sign of the religion's actual and symbolic violence against women, even if such critiques remain ensconced within nationalist discourses. As Halim and Meyers argue, “Although Western news media may focus their coverage of Muslim women on the debate over whether and the extent to which the veil may by oppressive to the women who wear it, they have exhibited little interest in the physical oppression of violence against women in Islamic countries.”(13) While it falls outside of the scope of this analysis to arbitrate all of the dimensions of this debate, understanding some of the issues related to female identity and hijab within public space are crucial to this study. As these topics are extraordinarily complex, even and perhaps especially within the Muslim community, it is necessary to provide some context concerning the value, purpose, and meaning of the Islamic veil, which has a rich and arduous history. The Art of the Veil At present, there are only two countries, Iran and Saudi Arabia, that require women to wear hijab , which is a decidedly problematic term and concept whose locus is itself caught within a struggle of sensation. Noting the strategic reterritorialization of the term, Berger explains: The choice of the name, hijab , now widely adopted to designate the “Islamic veil,” it itself interesting, although the semantic shift it operates is not directly commented upon by its users. Although the design (both the cut and the symbolic function) of the hijab and the Iranian chador are indeed the same, as opposed, for instance, to the traditional Algerian haik , the word hijab has come to replace the term chador popularized by the Iranian revolution, as a properly Arabic (hence Koranic) designation. This discursive shift points to the successful reclaiming of the national revolution in Iran by a transnational pan-Islamic movement, whose language of reference can only be Koranic Arabic.(14) While the hijab is certainly a point of contention within various countries dealing with immigrant Islamic populations (of which France has the largest in Europe as part of its colonial legacy in Algeria), it is clear that the veil is a historically contextualized artifact of Muslim identity with a variety of manifestations, even as forces outside of and within Islam seek to codify its actual and symbolic value. Ultimately, the varieties of hijab , including the full-faced burqa and niqab , are complex assemblages of meaning that speak to the multitudinous flows of Islamic identities over time and space. As Gökariksel and McLarney observe, “Wearing a certain style of veil may simultaneously be a disciplinary practice crucial to the cultivation of piety (Mahmood 2005; Gokariksel 2009) and a gendered performance of social distinction in terms of class, taste, and urbanity (White 1999; Navaro-Yashin 2002; Gokariksel and Secor 2009) or of ethnicity and race (Dwyer 1999).”(15) The ideological marketplace from which the varieties of hijab ebb and flow serves both as a reflection of the ever-present materiality and dynamic functionality of spiritual economies, which are derivative of the equally ubiquitous flows of transnational capital driving agency and representationality within our historical moment. Keeping these dual, yet deeply interconnected, capital ecologies as the site of exploration for how the veil is represented within public space, one might begin to sense what lurks behind such veiled agendas. Examining the symbolic and representational nature of the Islamic “veil” in its various forms, this project situates the decidedly political contestations of public space at stake in the French ban alongside recent condemnations of multiculturalism as calculated efforts to re-distribute the sensible so as to valorize national identity within increasingly transnational and globalized socio-economic spaces, which collapse exchange values between distinct, yet interwoven, economies of (cultural/material/spiritual) capital. As the discourses on the veil rely upon representational imag(in)ings, it seems fitting to explore the political economy and art of the veil through the phenomenon of street art, which, much like hijab , is a complex assemblage of meaning of sensation mired in representationality and capital exchange. As street artists have taken up hijab in various forms, the movement offers a lens with which to situate critical responses to the veil debate across both spiritual and material economies. Situating this street art both aesthetically and historically, Lewisohn explains, “'Street art' is a sub-genre of graffiti writing and owes much to its predecessor. Though there is a good deal of crossover between the genres, they are distinct and separate in their own right.”(16) Evolving out of the graffiti explosion of the late 1970's and 1980's, street art broke the unspoken rules of the artistic underground by challenging and re-examining one's sensory experience of art in public space by experimenting with both content and form in ways that harken back to the Situationist International, which as a collective challenged one's experience of urban space through various media and experiential phenomena. Again, Lewisohn observes, “It's important to note street art's break with the tradition of the tag, and its focus on visual symbols that embrace a much wider range of media than graffiti writers would use.”(17) From stencils to prints and murals to one-liners, street artists developed a reputation for critical social and political commentary, and while it is certainly the case that not all street art is intentionally political, in challenging the normative “regime of visibility,” as Rancière puts it, of public space, street artists—even if unconsciously—call into question the common sensory experience of the politics underlying the formation of (nationalist) space.(18) Indeed, Rancière refers to the partisan sensory managers as “police,” who ultimately forge “the rules governing the circulation of appearances, of their visibility and audibility, and the proper distribution of bodies therein.”(19) As such, one can sense that street art's relationship with the police is tenous for a variety of reasons. Writing about his own experience as a street artist, Shepard Fairey observes, “With street art, there's no committee deciding whether I can put my work up on the street, there's no censorship, and I have total freedom of expression, and that concept of freedom is expressed just by using the street as a medium.”(20) As Fairey and other street artists demonstrate, the medium, to paraphrase Marshall McLuhan, is the most glaring aspect of street art's message, and even as it now finds itself in galleries and usurped by private collectors, the ethos of the movement remains relavent to politics as it is, first and foremost, concerned with the configuration and experience of space. Just as examining the punishments for breaking the veil ban can map the terrain of French politics, a representational genealogy of street artist's deployment of hijab and female Muslim identity can assist in mining the depths of public space as a site of bio-political control and contestation in light of recent events in France and the rising tide of anti-multiculturalist rhetoric across Europe, even though the Islamic presence there is radically heterogenous. Using the work of Shepard Fairey, Princess Hijab, br1, and Banksy, this paper sets out to answer a number of key questions concerning the deployment of hijab, and female Islamic identity in particular, within street art as a movement now integral to and critical of the economies of exchange underlying global capitalism, which as a force of influence cannot be underestimated as a driver in the resurgence of nationalist biopolitical governmentalities. Although there exists a litany of artists to choose from, the aforementioned quartet of designers integrate hijab into their work in a seminal and critical fashion, and all have been working with the veil in some way prior to the French ban, which grants some additional context to their usage of it as a symbol in regards to the breakdown of multiculturalism across Europe, even if unconsciously. Although each artist depicts various amalgamations of hijab in their respective corpus, they share common tropes that raise significant questions concerning the veil debate, namely: what are the conditions of possibility for hijab to become a marker of Islamic identity within public space? How can we make sense of the representational topologies within street art's utilization of the hijab and female Islamic identity in light of the French ban? How might these aesthetic imag(in)ings simultaneously inhabit and combat normative discourses concerning hijab , multiculturalism, female Islamic identity, and public space? With these considerations as a backdrop, it is first necessary to outline more fully the hijab as a representative marker of female Islamic identity. The (Veiled) Writing on the Wall

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Intersex being a birth impairment in human babies is a fact of humanprecreation. Opposed to normal birth of humans as males and females incidentsof babies with vague gender identity have perturbed people and families asto how to socially place them within the binary system of men and womenin the community. In Islam, it is more important in view of the genderedorientation of some Islamic laws and its system of social ethics. Accordingly,jurists formulated an Islamic blueprint to manage this segment. (...) However,their main criteria to align such individuals to one of the normal genders wereinadequate to assign a specific sex to all intersex. Medical science, on the otherhand, proposes not only to achieve precise diagnoses of intersex conditionsbut also to manage them medically. Accordingly, Muslim jurists and muftisby and large celebrated this medical solution as a better remedy to resolve thisjuridical perplexing question. This study, however, argues that juristic stamp ofapproval needs to be more ethically grounded so as to avoid pitfalls inherent inthis medical innovation. (shrink)

When thinking of Plato’s discussions of virtue, many dialogues come to mind, but, assuredly, the Phaedrus does not. The word ἀρετή is used only six times in the dialogue. Unlike other dialogues, the Phaedrus thematizes neither the general concept of virtue nor any of the particular virtues. Given the centrality of virtue to Plato’s ethics and politics, it is surprising to see little reference to virtue in a dialogue devoted to love and to rhetoric, topics that have deep ethical and (...) political significance. -/- I argue that the Phaedrus makes important contributions to our understanding of virtue in Plato despite the infrequency of references. First, the dialogue juxtaposes competing conceptions of virtue: the “urbane” (cf. 227d) capacity to make things conform to one’s happenstance desires, championed by Lysias, and the “manic” capacity to conform oneself to reality, championed by Socrates. After clarifying that enslavement to pleasure-lust is the underlying condition of soul for Lysianic virtue, Socrates reveals that the non-lover’s “virtue” is, in truth, virtue in name only. Rather, true virtue emerges only when the soul becomes harmoniously ordered under reason’s guidance, a condition which is achieved through the soul’s encounter with beauty. Second, in the process of articulating how true virtue comes to be in the soul, Socrates gives grounds for distinguishing it from “self-restraint” (ἐγκράτεια), a condition of soul whose outward aspect may be indistinguishable from that of virtue. While a soul in which reason does not take the reins may act from self-restraint, it does not yet act from virtue. Third, the dialogue gives us resources for seeing how other people, such as artful rhetoricians, can influence one’s cultivation of virtue. At first glance, Socrates’s claim that artful rhetoricians can “hand over” virtue (270b) seems incompatible with his claim that virtue is unteachable (cf. Meno 86d-99e). However, the dialogue offers some resources for seeing that the unteachability of virtue and the capacity for rhetoricians to “hand over” virtue are not, in fact, incompatible. From these three points, we will see that the Phaedrus offers an intellectualist account of virtue reminiscent of what we see in other dialogues. The intellectualist vision here, however, is one that includes a positive role for the subrational elements of the soul rather than one that excludes them from relevance or actively seeks to suppress them. (shrink)

My dissertation brings into conversation two thinkers who are seldom considered together and highlights previously unnoticed similarities in their critical responses to scientism, which was just as prevalent in the late nineteenth century as it is today. I analyze this attitude as consisting of two linked propositions. The first, which Nietzsche calls “the unconditional will to truth,” is that the aims of science, discovering truth and avoiding error, are the most important human aims; and the second is that no practice (...) other than science can achieve them. Both Nietzsche and James criticize the unconditional will to truth for privileging a transcendent ideal over the demands of human life. This unconditional will regards truth as valuable in itself and demands that we pursue it under all circumstances—even if that demand comes into conflict with other values. I lay out the ways in which Nietzsche and James view the value of truth and the imperative to pursue it as conditional on its promotion of human flourishing. In response to the second proposition of scientism, both philosophers argue that science can neither tell us what we should value, nor fully account for the value we in fact find in certain objects, activities, and experiences. And crucially, science cannot tell us whether or why its own goal of attaining truth is valuable. Nietzsche and James reach different conclusions about what is ultimately valuable, and whether traditional religious belief is defensible in light of the discoveries of science. Nonetheless, the hitherto unappreciated similarities I have uncovered in their arguments show that principled opposition to scientism need not be associated with any particular moral or religious viewpoint. This analysis is not only of historical interest: those who consider scientism to be ill-founded and intellectually confining can take some cues from our nineteenth-century predecessors’ strategies for combating it. (shrink)

In this paper, we provide an axiomatic foundation of pessimism and optimism towards ambiguity that emerges due to growing awareness. In our setup, this corresponds to a discovery of finer “descriptions” of the original contingencies. A decision-maker can form subjective probabilistic beliefs on the original state space and behaves as an expected utility maximizer. However, as finer contingencies are discovered, he may perceive ambiguity with respect to the newly identified states and thus be unable to extend her initial probabilistic beliefs (...) to the expanded state space in an additive way. As a result, the decision-maker’s new beliefs are now “ambiguous” and represented by a probability distribution combined, for each refinement of an original state, with a degree of confidence in this probability estimate. We provide a parametric representation of preferences, identify the DM’s degree of ambiguity as well as his attitude towards ambiguity as captured by the degree of optimism and pessimism. We illustrate the relation of our model to some well-known capacities, such as the E-capacities introduced by Eichberger and Kelsey, the JP-capacities of Jaffray and Philippe and the NEO-additive capacities developed by Chateauneuf et al.. (shrink)

Euthanasia and assisted suicide have been legally possible in the Netherlands since 2001, provided that statutory due care criteria are met, including: voluntary and well-considered request; unbearable suffering without prospect of improvement; informing the patient; lack of a reasonable alternative; independent second physician’s opinion. ‘Unbearable suffering’ must have a medical basis, either somatic or psychiatric, but there is no requirement of limited life expectancy. All EAS cases must be reported and are scrutinised by regional review committees. The purpose of this (...) study was to investigate whether any particular difficulties arise when the EAS due care criteria are applied to patients with an intellectual disability and/or autism spectrum disorder. The 416 case summaries available on the RTE website were searched for intellectual disability and autism spectrum disorder. Direct content analysis was used on these nine cases. Assessment of decisional capacity was mentioned in eight cases, but few details given; in two cases, there had been uncertainty or disagreement about capacity. Two patients had progressive somatic conditions. For most, suffering was due to an inability to cope with changing circumstances or increasing dependency; in several cases, suffering was described in terms of characteristics of living with an autism spectrum disorder, rather than an acquired medical condition. Some physicians struggled to understand the patient’s perspective. Treatment refusal was a common theme, leading physicians to conclude that EAS was the only remaining option. There was a lack of detail on social circumstances and how patients were informed about their prognosis. Autonomy and decisional capacity are highly complex for patients with intellectual disabilities and difficult to assess; capacity tests in these cases did not appear sufficiently stringent. Assessment of suffering is particularly difficult for patients who have experienced life-long disability. The sometimes brief time frames and limited number of physician-patient meetings may not be sufficient to make a decision as serious as EAS. The Dutch EAS due care criteria are not easily applied to people with intellectual disabilities and/or autism spectrum disorder, and do not appear to act as adequate safeguards. (shrink)

The present study scrutinizes the role of societal culture in cases of sexual violence in Greek sport, as presented in the media after a two times Olympic medalist of Greece fired up the “‘me too’ Movement” in the country. Specifically, data for this study consisted of 36 media articles, reporting multiple cases of sexual abuse and harassment in Greek sport and were published between January 2021 and January 2022. We drew on the cultural praxis heuristic to explore how the cultural (...) setting operates as an underlying factor in priming athletes for harassment and abuse and in oppressing them into not speaking up. Our thematic analysis of media data revealed two overarching themes, namely, keeping the home intact and failed negotiations with power. Based on these findings, we discuss how subtle manifestations of patriarchy and collectivism perpetuate sexualized violence in Greek sport as they promote a climate of silence, prevent safeguarding, maintain underreporting of sexual violence, and delayed the arrival of the #metoo. We conclude that under the current circumstances, change seems to be a threat to all involved in Greek sport, yet for different reasons. For the coaches, sport officials, stakeholders, state system, change would require them to relinquish male powers and authority, find new meaning of what it means to be and do as a man, and allow women to be seen as counterparts. For the female athletes-survivors, it would require them to prioritize the self and their self-care and let go of the in-group loyalty and subordination learned and exhibited from infancy. We also contend that mere translations of international and regional safeguarding guidelines and toolkits cannot foster awareness raising, nor the implementation of measures within cultural settings that divert from the Global North. If we care to combat the universal phenomenon of sexualized violence in sport, a glocal approach is needed, where local socio-cultural factors are acknowledged, their role is addressed, and violence is understood within its context. (shrink)

Some scientists believe that although evolutionary theory is explanatory, it does not have, in contrast to the theories of physics, any predictive power. This raises the question of its testability. The analysis given shows that there are good reasons to claim the unpredictability of evolutionary events; nevertheless, the evolutionary theory has potential predictive power. It is argued that the difference between biology and physics lies not in the predictive power of the theories involved, but in the different weight which is (...) lent to the forecasting of particular events in these sciences. A second source of confusion derives from the ambiguity of the term 'prediction'. In order to define 'prediction' for cases in which the term is used to refer to a part of testing procedure, the reference to the time-point "now" is quite irrelevant. Prediction of unknown observational data is sufficient for testing a hypothesis, but such prediction may or may not be identical with forecasting of future events. Different factors that may cause particular difficulties met by biologists in forecasting future events are analyzed subsequently in the second part of the paper. The conclusion is drawn that although particular cognitive situations limiting the ability of forecasting are very frequent in biological sciences, the claim about the peculiar logical status of biological theories is not thereby justified. (shrink)

BackgroundFollowing several landmark rulings and increasing public support for physician-assisted death, in 2016, Canada became one of a handful of countries legalising medical assistance in dying (MAiD) with Bill C-14. However, the revised Bill C-7 proposes the specific exclusion of MAiD where a mental disorder is the sole underlying medical condition (MAiD MD-SUMC).AimThis review explores how some persons with serious and persistent mental illness (SPMI) could meet sensible and just criteria for MAiD under the Canadian legislative framework.MethodsWe review the proposed (...) Bill C-7 criteria (capacity, voluntariness, irremediability and suffering) as well as the nuances involved in separating a well-reasoned request for assisted suicide from what might be solely a manifestation of a SPMI.FindingsIn this paper, we argue against the absolute exclusion of patients with SPMIs from accessing MAiD. Instead, we propose that in some circumstances, MAiD MD-SUMC may be justifiable while remaining the last resort. Conducting MAiD eligibility assessments removes the need to introduce diagnosis-specific language into MAiD legislation. Competent psychiatric patients who request MAiD should not be treated any differently from other eligible candidates. Many individuals with psychiatric disorders will be incapable of consenting to MAiD. The only ethical option is to assess eligibility for MAiD on an individual basis and include as legitimate candidates those who suffer solely from psychiatric illness who have the decisional capacity to consent to MAiD. (shrink)

Abstract:The Analects and the Mencius are among the most influential early Confucian texts. They emphasize the importance of moral self-cultivation. The individual is expected to identify what is good, and freely choose it regardless of their internal predispositions or external conditions. Curiously, in their philosophical frameworks they do not posit anything outside of contingencies. This means there is no non-contingency-based notion of "good" or "agency." This paper contributes to the current discourse by explaining how morality and agency can be (...) possible in a completely contingent system. Instead of positing a pregiven principle, self, will, or even capacity for agency, I will argue that Confucian texts assume that morality and agency emerge out of contingencies. As such, morality and agency are categorically distinct from contingencies, and are thereby able to reflect on them, without being ultimately sourced from any power outside of contingencies. (shrink)

This essay examines the Brazilian deforestation debate to explicate the beginnings of a post-modern theory of argumentation. Modernist argumentation reflects two distinct approaches, found in the deforestation controversy. The first approach, ‘universal minimilization,’ presumes that the survival of humanity is sufficient grounds upon which to base argument. The alternative, ‘strategic manipulation,’ results in argument being employed as a technical device to advance one's interest. In place of the modernist approach, we offer an ecocentric theory of argumentation. This conception calls (...) for individuals to set aside differences in values to sustain humanity but at the same time to be sensitive to differences in costs and benefits that accrue from common efforts to persons differently situated. Additionally, this view operates with a tacit working assumption that environmental questions are not discrete entities to be evaluated separately. Rather, people must act collectively on a range of interconnected issues to ensure survival. (shrink)

In the traditional form of canonical quantization, certain field components (not having “conjugate” momenta) must be regarded as noncanonical. This long-known distinction enters modern gauge theories, when they are canonically quantized as by Kugo and Ojima. We avoid that peculiarity by not using any conjugate “momenta” at all. In our formulation, canonical quantization can be related to Feynman's path integral.

Offering a Canadian perspective on the emotional health of servicemen and women, Military Operations and the Mind brings together researchers and practitioners from across the country to consider the impact that ethical issues have on the well-being of those who serve. Stemming from an initiative to enhance the lives of serving members by providing them with the best education and training in military ethics before and after deployments, this volume will better inform politics and public policies and enhance the (...) welfare of the soldiers, sailors, and airmen and women who serve in singular, often harsh, and sometimes dangerous conditions. By integrating into the analysis the critical issue of well-being, this emerging field demonstrates a more holistic approach and is distinct from other fields in military, historical, philosophical, and behavioural studies. The first study of its kind, Military Operations and the Mind presents a new and helpful way to focus on the life of soldiers not only in operations overseas, but also once they return home. (shrink)

In the United Kingdom, the question of how much information is required to be given to patients about the benefits and risks of proposed treatment remains extant. Issues about whether healthcare resources can accommodate extended shared decision-making processes are yet to be resolved. COVID-19 has now stepped into this arena of uncertainty, adding more complexity. U.K. public health responses to the pandemic raise important questions about professional standards regarding how the obtaining and recording of consent might change or be maintained (...) in such emergency conditions, particularly in settings where equipment, medicines, and appropriately trained or specialized staff are in short supply. Such conditions have important implications for the professional capacity and knowledge available to discuss the risks and benefits of and alternatives to proposed treatment with patients. The government’s drive to expedite the recruitment to wards of medical students nearing the end of their studies, as well as inviting retired practitioners back into practice, raises questions about the ability of such healthcare providers to engage fully in shared decision-making.This article explores whether the legal duty on healthcare practitioners to disclose the material risks of a proposed medical treatment to a patient should be upheld during pandemic conditions or whether the pre-eminence of patient autonomy should be partly sacrificed in such exceptional circumstances. We argue that measures to protect public health and to respect autonomous decision-making are not mutually exclusive and that there are good reasons to maintain professional standards in obtaining consent to treatment even during acute pressures on public health systems. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Diacritics 29.4 (1999) 150-177 [Access article in PDF] The Desire for the Sovereign and the Logic of Reciprocity in the Family of Nations Lydia H. Liu It may sound like a truism that the modern nation cannot imagine itself except in sovereign terms. But what is this truism saying or, rather, withholding from us? When Benedict Anderson wrote his influential study of nationalism in 1983, he circumscribed the imagining (...) of the nation as "both inherently limited and sovereign" and relied on this basic understanding to explain the global transformation of dynastic empires into nation-states [Imagined Communities 6]. That insight, however, has not drawn to itself as much attention or scrutiny as some of his other concepts, like "print capitalism" or "creole nationalisms." If one were to name a few of the blind spots in the contemporary discussions of nationalism, cosmopolitanism, and diaspora, one of them would be the place and placing of sovereignty and sovereign right. To those of us whose initial purpose has been to historicize the nation and nationalism, this blind spot cannot but raise some serious methodological and interpretive questions. Insofar as sovereignty articulates a major mode of exchange between nation and empire in recent history and moreover figures prominently in the realm of what Anderson calls "quotidian universals" [Spectre of Comparisons 33], the truism of its truth needs to be unpacked carefully.Hence, I would like to raise some tentative questions about desire and sovereignty, not in terms of legal studies, but in light of what we have learned about colonial exchange and its production of difference, fetishism, identity, and the logic of reciprocity. I am going to show that these intellectual and material developments have had significant bearings on the making of international law such that our inquiry into the latter can no longer be confined to the self-explanatory evolution of legal discourse. For sovereign thinking is one of those areas that must be reexamined, to borrow Edward Said's words, "according to a detailed logic governed not simply by empirical reality but by a battery of desires, repressions, investments, and projections" [18].In this essay, I begin with a critical analysis of Benedict Anderson's work, focusing on the interplay of the historical and the universal in his study of the nation. I am particularly interested in examining what Anderson chose to do, or not to do, with sovereignty in his theory of nationalism, and I raise some questions about his idea of the "modular," whereby the universal takes on the role of a migrant figure making histories [End Page 150] here and there. Section two introduces the subject of fetishism and desire into the discussion by linking the display of the thrones of the Emperor Qianlong in British museums to significant moments of sovereign thinking in the reign of Queen Victoria and the Empress Dowager of China at the turn of the century. In section three, I attempt a detailed discussion of the sovereignty complex of Ku Hung-ming, a diasporic subject who grew up in colonial Malaysia, was educated in Europe, and ended up serving China as his adopted sovereign country. My analysis centers on Ku's well-known defense of the Empress Dowager during the popular nationalist uprising of 1900 and his work as a translator and publicist in Anglo-Chinese military confrontations. Finally, I turn to the theories of international law itself and ask how nineteenth-century jurists revised the notion of sovereignty to arrive at a new constitutive theory of recognition in the heyday of imperialist expansion. I argue that any attempt to explain the rise of the modern nation-state must take full account of this significant revision in the early nineteenth century, because the revision signaled a paradigmatic shift from natural law to positivist jurisprudence to the effect that a constitutive understanding of sovereign right would eventually overcome and displace the natural law notion of universal sovereignty. Sovereign Thinking in Migrant Nationalisms In Imagined Communities, Anderson pointed to sovereignty as a necessary condition in thinking about the nation when, for example, he... (shrink)

Nigeria is a country blessed with abundant human and material resources. Pre-independent Nigeria had agriculture as the major foreign exchange and revenue earner. Other alternative revenue earners such as agricultural and mineral resources were explored and their proceeds used to support and foot the bill of government expenditures. Immediately the first oil field was discovered in 1956 at Olobiri in the Niger Delta, other alternative sources of revenue for Nigeria were abandoned and crude oil became the determinant of Nigeria’s mono-economic (...) status and the sole basis of all socio-economic transaction within and outside the country. The issue of appropriate pricing of petroleum products and the removal of government’s subsidy on petroleum price became a thorny controversial public policy issue. Successive governments, including the current President, have grappled with this problem of whether to remove the subsidy or not, without coming to a publicly endorsed solution to the debate. The last fuel subsidy removal on 1st January, 2012 sparked an uprising that almost led to a revolution. The thrust of the study is to examine the causes of the fuel subsidy removal, to identify the benefits of fuel subsidy removal, to describe the effects of the subsidy removal, and the socio-religious implications of the removal of fuel subsidy to the citizens of Nigeria. It is in the context of these socio-religious that one discovers the relevance of Professor Dukor theistic humanism and its implied need for African values to be applied to governance in the 21st century. The debate surrounding the subsidy removal and the subsidy scam running into trillions of Naira of stolen funds by independent marketers of petroleum products revolve around corruption and a bad commentary about how ethical African vales have been removed from public governance and the management of public resources. After pointing out these socio-religious implications for the Nigerian ethical and value re-orientation, the paper went ahead to recommend some ways of managing the subsidy money for the development of the country. (shrink)