In this article I argue that Part II of the Family LawAct 1996 gives expression to a new form ofresponsibility. I begin by suggesting thatresponsible behaviour has shifted from prohibiting orrequiring particular actions: we now exhibitresponsibility by our attitude towards our actions. I then examine where this new conception ofresponsibility has come from. Through an examinationof the work of post-liberal theorists, principallyMichael Sandel, I argue that a changing view ofpersonhood within post-liberal theory has led to aquestioning of the possibility of (...) choice, and that theabsence of choice necessitates a shift in thedefinition of responsible behaviour. If we are createdby our decisions then we cannot be held to account forour decisions, but only for the care we have takenover them. Responsibility is therefore measured notby our level of self-control but by our level ofself-awareness. Finally I examine the consequences ofthis shift in the meaning of responsibility. Withinthis framework autonomy is illusory thereforedecisions do not need to be respected. This explainswhy the implementation of Part II of the Family LawAct 1996 has been called into question. Within thisframework responsibility is relative therefore itextends indefinitely. This enables the Family Law Actto be uniquely intrusive and judgmental: everydivorcing couple, on being held up to scrutiny, isfound lacking. (shrink)

In this article, we argue that feminist legal scholars should engage directly and explicitly with the question of evil. Part I summarises key facts surrounding the prosecution and life-long imprisonment of Myra Hindley, one of a tiny number of women involved in multiple killings of children in recent British history. Part II reviews a range of commentaries on Hindley, noting in particular the repeated use of two narratives: the first of these insists that Hindley is an icon of female evil; (...) the second, less popular one, seeks to position her as a victim. In Part III, the article broadens out and we explain why we think feminist legal scholars should look at the question of evil. In large part, the emphasis is on anticipating the range of possible objections to this argument, and on trying to answer these objections by showing how a focus on evil might benefit feminist legal thinking – specifically in relation to the categories of perpetrator and victim and, more generally, in relation to laws motivated by a desire to secure women’s human rights. (shrink)

This article surveys a range of recent media storiesabout human gametes, pinning them to a series of widerpreoccupations within late modern life. Threepreoccupations are singled out: first, kinship andrelational identity; secondly, Nature andglobalisation; and finally, sexual difference andequality. Each one of these preoccupations has beencharacterised as iconic; debates about them are saidto crystallise who we are, especially ouruncertainties, and what we will be in the future. Byindexing these preoccupations to the stories abouthuman gametes, the article aims to upset both theincreasing (...) attempts to present assisted reproductiontechnologies as `familiar' (as Nature's `helpinghand', for example) and the recurringassumptions about this technology's alleged`novelty' and `anomaly'. The article concludesthat treating reproduction technologies, and theirregulation, as `familiar' risks complacency:equally, assumptions about their `novelty' narrowsthe search for effective explanatory tools andregulatory mechanisms. The upshot is that it might bebest for us to view reproductive technologies as bothless `familiar' and less `novel'. (shrink)

This article engages with the vogue for predicting the effects of the Human Rights Act 1998 by focusing on the rape prosecution and trial. The specific interest is feminist scrutiny of the right to a fair trial, particularly the concept of ‘fairness’, in light of the increasing use of disclosure rules (in Canada and England) to gain access to medical and counseling records. Transcending the two contemporary narratives of ‘victims’/women’s rights and defendants’ rights in the criminal justice system, the authors (...) argue for the infusion of the legal debate on disclosure with feminist understandings of wider cultural debates. They suggest that an increased reflexivity about intimacy, publicity and power, leading perhaps to the development of a concept of ‘democratic publicity’ (Fraser, 1997, p. 100), might help to revision the meaning of ‘relevant’ evidence in the rape trial. They also suggest that the wide-ranging cultural debate about memory, truth and history, and the emerging commitment to experimentation in responding to massive, institutionalised human rights violations (including apartheid, war crimes and child abuse) might be of use in deepening current thinking about the rape trial and listening to the ‘voice’ of the complainant. (shrink)

This chapter begins by sketching an account of morally responsible agency and the general conditions under which it may fail. We discuss how far individuals with psychiatric diagnoses may be exempt from morally responsible agency in the way that infants are, with examples drawn from a sample of diagnoses intended to make dierent issues salient. We further discuss a recent proposal that clinicians may hold patients responsible without blaming them for their acts. We also consider cognitively impaired subjects in the (...) light of related issues in moral and political theory, asking whether they have been unjustly excluded from liberal conceptions of political community due to their presumed lack of agency. (shrink)

Historically left to the margins, the topics of imagination and creativity have gained prominence in philosophy of science, challenging the once dominant distinction between ‘context of discovery’ and ‘context of justification’. The aim of this chapter is to explore imagination and creativity starting from issues within contemporary philosophy of science, making connections to these topics in other domains along the way. It discusses the recent literature on the role of imagination in models and thought experiments, and their comparison with fictions. (...) It then turns to the importance of constraints on imaginings in the scientific domain, as well as whether constraints can hinder creativity. The second part of the paper focuses on the social dimensions of science. It considers imagination and creativity of scientific communities, asks whether the institution of science promotes creativity (and whether we want it to) or if it encourages conservativeness, and ends with a reflection on the politics of imagination and creativity in science. (shrink)

The goal of human life, according to Plato, Aristotle, and the Bible, is to become as much like god as possible. This book, written in vivid and lucid English, illuminates Greek philosophy by showing how it grows out of ancient Greek religion and how it compares to biblical religion.

AI-developers face a challenge when seeking to use models that aim to be culturally sensitive. While we agree that culture is an emergent reality, there is always the risk of creating algorithms that treat culture as objective to account for various facets of the social realm. As a result, culture becomes prepackaged and autonomous. Nonetheless, culture is not only emergent but dialogically and socially invented. In this article, the point is to advance the discussion about culture by addressing a crucial (...) philosophical issue and proposing some practical themes on how to avoid culturalism in AI development. (shrink)

Examines how violence has been conceptually and rhetorically put to use in continental social theory.

_Examines how violence has been conceptually and rhetorically put to use in continental social theory._.

This article is a précis of Mark C. Murphy’s _Divine Holiness and Divine Action_ (Oxford University Press, 2021), which offers an account of God’s holiness and of the difference this view of God’s holiness should make to our understanding of divine action.

Over the past forty years, the health humanities, previously called the medical humanities, has emerged as one of the most exciting fields for interdisciplinary scholarship, advancing humanistic inquiry into bioethics, human rights, health care, and the uses of technology. It has also helped inspire medical practitioners to engage in deeper reflection about the human elements of their practice. In _Health Humanities Reader_, editors Therese Jones, Delese Wear, and Lester D. Friedman have assembled fifty-four leading scholars, educators, artists, and clinicians to (...) survey the rich body of work that has already emerged from the field—and to imagine fresh approaches to the health humanities in these original essays. The collection’s contributors reflect the extraordinary diversity of the field, including scholars from the disciplines of disability studies, history, literature, nursing, religion, narrative medicine, philosophy, bioethics, medicine, and the social sciences. With warmth and humor, critical acumen and ethical insight, _Health Humanities Reader_ truly humanizes the field of medicine. Its accessible language and broad scope offers something for everyone from the experienced medical professional to a reader interested in health and illness. (shrink)

Die Reihe Patristische Texte und Studien publiziert seit 1963 Forschungsergebnisse, die durch die Patristische Kommission, heute ein Gemeinschaftsunternehmen aller deutschen Akademien der Wissenschaften, koordiniert werden. In ihr erscheinen Editionen, Kommentare und Monographien zu den Schriften und Lehren der Kirchenväter.

Mankind's constant struggle with physical as well as mental weaknesses is omnipresent in ancient literature: misconduct, wrongdoing, failure and experiences of contingency are anthropological phenomena. Ancient ethics, epistemology, and natural philosophy have developed different theoretical approaches and guidelines on how to act and how to overcome all kinds of problems. Christian theology, on the other hand, has explained moral failure as a symptom of original sin, comparing decline and destruction to a burden from which mankind is relieved only at the (...) end. The contributions explore how ancient philosophical texts, both pagan and Christian, explain, conceptualize and integrate the myriad manifestations of human fallibility into the different philosophical schools. The focus is on anthropological, ontological and theological concepts that analyse and reflect human fallibility, as well as on the textual and linguistic representation of the phenomenon in ancient literature. Several contributions in the volume explore literary texts that discuss or illustrate the philosophical dimension of fallibility, such as satire's or tragedy's (often exaggerated) depiction of human weakness. (shrink)

_Stranger Cities_ explores the nature of Australia’s distinctive urban civilization with its portal ontology, axial metaphysics, ambidextrous style of thinking, architectonic spirit, and happy phlegmatic outlook. This classic ethos is offset by various choleric and melancholic strands of Australian romanticism.

A leading critic of the disruptive force of technology in education, Bernard Stiegler saw the counter-effects of artificial intelligence in undermining human agency, autonomy and individuality, rendering the role of education ever more critical. Stiegler believes that our goal is not to abandon technology but to focus our attention on its power and direction in a hypercapitalist economy. While he did not foresee the emergence of generative artificial intelligence (GAI), its rapid acceleration raises important issues for his notion of digital (...) writing as a pharmakon. In this essay, we examine Stiegler’s view on intelligence, digital writing, technological memory, and neuropower, focusing specifically on his Shanghai lecture and Nanjing Lectures. We compare Stiegler with Catherine Malabou, who examines the nature of intelligence primarily through the lens of neuroscience. We argue that Malabou’s view of neuroplasticity in human and artificial brains, and her critique of techno-narcissism in the control over technology, add an important dimension to Stiegler’s political critique of education. Finally, we examine how best to construe AI as part of a hyper-materialist epistemology that Stiegler espouses in the conclusion of his Nanjing Lectures, to bring about neganthropic knowledge through a therapeutics of care. (shrink)

Speciesism, broadly understood as the view that species membership is a morally relevant property, has been a central topic of debate within animal ethics for around 50 years. However, in all this time, animal ethicists have paid relatively scant attention to the nature of species membership itself. This seems potentially regrettable, since species membership's precise nature is presumably highly pertinent to the question of its exact moral relevance. Here, I advocate for a ‘species-focused’ approach to assessing speciesism, arguing that, in (...) debating the merits of speciesism, animal ethicists should (i) centre the nature of species membership, and (ii) consult philosophers of biology. Adherence to this second prescription appears necessary since a lot of what philosophers of biology believe regarding the nature of species membership appears contrary to what many animal ethicists have seemingly assumed. (shrink)

This book offers an advanced introduction to central questions in legal philosophy. What factors determine the content of the law in force? What makes a normative system a legal system? How does law beyond the state differ from domestic law? What kind of moral force does law have? The most important existing views are introduced, but the aim is not to survey the existing literature. Rather, this book introduces the subject by stepping back from the fray to sketch the big (...) picture, to show just what is at stake in these old debates. Legal philosophy has become somewhat arid and inward looking. In part this is because the disagreement between the main camps on the important questions is apparently intractable. The main aim of the book is to suggest both a diagnosis and a proper practical response to this situation of intractable disagreement about questions that do matter. (shrink)

This chapter contains section titled: Introduction Objectivism and Constructivism Problems for Constructivism Objectivism Troubles with Objectivism References.

What is trustworthiness? -- Being trustworthy -- Spreading trust.

This chapter offers a general outline of Schopenhauer’s peculiarly named concept of the 'acquired character’ and explains its basic function in his ethical thought. For Schopenhauer, a person of acquired character is someone who knows the ways of acting (Handlungsweise) that are most expressive of their individuality and who allows that self-knowledge to structure their practical and emotional life. In keeping with certain elements of his psychological determinism, acquired character is not the acquisition of a ‘new’ character; rather, it is (...) the acquisition of self-knowledge of one’s essentially fixed empirical character. It is part of the argument of this chapter that by introducing the acquired character into his reflections on human action and agency Schopenhauer weaves a certain view of individual flourishing (eudaimonia) into his ethics. There are two central ingredients of Schopenhauer’s conception of eudaimonia, and both are linked to the acquired character. The first is self-knowledge; the second is a sense of personal autonomy that follows in the wake of the first. The chapter ends with a brief attempt to connect Schopenhauer’s concept of acquired character to contemporary debates in ethics concerning autonomy, practical identity, and what some call the ‘normative significance of self’. (shrink)

The Reader's Guide to Lesbian and Gay Literature identifies key resources for topics important to the theory and practice of lesbian and gay politics, literature, religion, and more. The book contains hundreds of entries that summarize key issues at stake and then identify (mostly) book-length analysis of this topics. The topics range from activism, to age of consent, to legal history as well as individual entries on key authors and regional areas.

One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such (...) a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of. (shrink)

Who needs rules? -- Communities and rules -- Rules and responsibility -- Natural and positive laws -- History of law -- Systems of law -- Federal and state laws -- Criminal law -- Civil law -- Courts, lawyers, and judges -- Do laws change? -- Living with laws.

Over the past few years postmodernism has been gaining popularity. Because the works of writers such as Jacques Derrida, Michel Foucault, Gilles Deleuze, Jacques Lacan, and Félix Guattari, for example, are now readily available to the English reader, a novel intellectual force is present that must be assessed (Hassan, 1985). Terms such as “mise en abîme”, “libido”, “schizo-analysis”, “undecidables”, and so forth must be explained and their relevance for social analysis deciphered. Furthermore, a conception of knowledge, a research methodology, and (...) an image of social order that are consistent with these somewhat odd ideas have been introduced, and thus must be evaluated with respect to their sociological importance. At first, due to the strange language that is adopted and the nature of the philosophy offered, postmodernism appears to the uninitiated as an attempt to subvert rational discussion. (shrink)

Critical Theory is usually associated with an intellectual tradition which emerged from the work of a group of social philosophers who coalesced around the Institute for Social Research, established in Frankfurt in 1923. This tradition is now considered to have two major branches: the first related to the work of Theodor Adorno, Max Horkheimer, Herbert Marcuse, Erich Fromm, Leo Lowenthal, and Walter Benjamin, while the second pertains to the expansion of this original work which has been proffered by Jürgen Habermas, (...) Claus Offe, Niklas Luhmann, Karl-Otto Apel, and others. It should be immediately noted that Critical Theory does not form a unity, for it does mean different things to both its early and current adherents. Without overstating the case, however, the common theme which unites these theorists is a dislike for the types of determinism which saw socialism arising automatically from either appropriate social conditions or at the behest of elite party members. In each case the belief was inadvertently advanced that people do not make their own history. In line with the work of Lukács and Korsch, these critical theorists wanted to develop a more vital Marxist theory, one which understands human praxis to be at the center of social development and, thus, human liberation. (shrink)

As Perelman suggests, rhetoric has always been concerned with understanding the basic nature of an audience. Considering this view, the perennial question posed by rhetoric might be: How does one discourse properly with an audience? Using the terminology supplied by Bitzer, this query might be rephrased to read: How does one “uncover and make available the public knowledge needed in our time and give body and voice to the universal public”. Of key importance is that the rhetorician must secure a (...) base of knowledge that will allow communication to commence between a speaker and an audience. If discourse is to be successful a speaker must address an audience in a style that can be understood, and therefore must substantiate all social intercourse on knowledge that is “public” or held in common. At first this might sound quite pedestrian, yet throughout the history of rhetoric this assumption has proven to be quite problematic. (shrink)

Geography's nature and perspectives -- Spaces -- Places -- Nature and society -- Why we all need geography -- Coda -- Notes -- Further reading -- Index.

"Thema der Beiträge sind intentionale Praktiken der Wissensvermittlung, die in den Medien Text und Bild in vormodernen Kulteren von der Antike bis ins Frühmittelalter erkennbar und beschreibbar sind. Untersuchungsgegenstand sind altorientalische, antike griechische, römische, syrische, klassisch-arabische und frühmittelalterliche Texte und bildliche Darstellunen, in denen die Kommunikation von Sach-/Fachwissen und religiösem, philosophischem, politischem, sozialem, paradigmatischem Wissen eine Rolle spielt. Im Fokus stehen die an diesen Prozessen beteiligten Akteure, insbesondere die Darastellung ihrer verbalen, mimischen und gestischen Kommunikation bzw. (Selbst- ) Inszenierung in (...) Text und Bild."--Page 4 of cover. (shrink)

What is responsibility? -- Being responsible -- Being responsible in your community.

Each field of study comes with its own set of questions; each period of time refines and redirects those questions. The Christian religion as we find it in the twenty-first century presents a unique set of problems to be solved and questions to be answered. In this introduction to the philosophy of the Christian religion, eminent philosopher and theologian Nancey Murphy applies the tools of philosophical analysis to a set of core yet contemporary religious questions: what does our historical (...) moment mean for the possibility of knowing God? Is faith still possible? Does God intervene in human history? Is there such a thing as universal knowledge of God? Written with the needs of students encountering the philosophy of religion for the first time in mind, this book provides a comprehensive introduction to the fundamental questions inherent in Christian faith. Murphy also provides tools for how to answer those questions. (shrink)

Before military action, and even before mobilization, the decision on whether to go to war is debated by politicians, pundits, and the public. As they address the right or wrong of such action, it is also a time when, in the language of the just war tradition, the wise would deeply investigate their true claim to jus ad bellum (“the right of war”). Wars have negative consequences, not the least impinging on human life, and offer infrequent and uncertain benefits, yet (...) war is part of the human condition. James G. Murphy’s insightful analysis of the jus ad bellum criteria—competent authority, just cause, right intention, probability of success, last resort, and proportionality—is grounded in a variety of contemporary examples from World War I through Vietnam, the "soccer war" between Honduras and El Salvador, Afghanistan, and the Middle East conflict. Murphy argues persuasively that understanding jus ad bellum requires a primary focus on the international common good and the good of peace. Only secondarily should the argument about going to war hinge on the right of self-defense; in fact, pursuing the common good requires political action, given that peace is not simply the absence of violence. He moves on to demonstrate the interconnectedness of the jus ad bellum criteria, contending that some criteria depend logically on others—and that competent authority, not just cause, is ultimately the most significant criterion in an analysis of going to war. This timely study will be of special interest to scholars and students in ethics, war and peace, and international affairs. (shrink)