The aim of the 2008 Roundtable was to focus on the progress to date in the many facets—methodological, epistemological and conceptual—of the field of legal semiotics, specifically the contribution of different schools and forms of semiotics as well as emerging and emergent semiotics approaches which can be used in researching and interpreting law and legal phenomena. The participants sought primarily to engage with the epistemological and methodological challenges which the field currently faces and to discuss the implications of these.

This paper argues for proleptic restorative justice in the area of the environment in the form of a ‘human trust’. Drawing inspiration from the Roman public trust, the human trust insists that some ‘goods’ are so important that they can neither be owned nor spoiled; rather, they must be protected. In order to explain this model, water rights will be used as an example, specifically, the case of Plachimada’s battle with Coca-Cola over the use of local ground water in Kerala, (...) India. This case allows consideration of the protection of water for people, the ongoing privatization of natural resources, and the strength of property rights. The human trust questions the merit of seeing the environment as property or in economic terms. Moreover, the human trust urges proleptic restorative justice, as in the case of the environment, restoration after the fact is often impossible. The potential harm is so extreme that one can argue for an action in tort of ‘anticipatory negligence’, a development of the quia timet injunction. (shrink)

Recently, some authors have argued that experiences of poignant evils provide non-inferential support for crucial premisses in arguments from evil. Careful scrutiny of these experiences suggests that the impermissibility of permitting a horrendous evil might be characterized by a deontological insensitivity to consequences. This has significant implications for the project of theodicy.

One problem for Molinism that critics of the view have pressed, and which Molinists have so far done little to address, is that even if there are true counterfactuals of freedom, it is puzzling how God could possibly know them. I defuse this worry by sketching a plausible model of the mechanics of middle knowledge which draws on William Alston’s direct acquaintance account of divine knowledge.

Must privacy and freedom of expression conflict? To witness recent debates in Britain, you might think so. Anything other than self-regulation by the press is met by howls of anguish from journalists across the political spectrum, to the effect that efforts to protect people’s privacy will threaten press freedom, promote self-censorship and prevent the press from fulfilling its vital function of informing the public and keeping a watchful eye on the activities and antics of the powerful.[Brown, 2009, 13 January]1 Effective (...) protections for privacy, from such a perspective, inevitably pose a threat to democratic government via the constraints that they place on the press. Such concerns with privacy must be taken seriously by anyone who cares about democratic government, and the freedom, equality and wellbeing of individuals. But if it is one thing to say that privacy and freedom of expression cannot always be fully protected, it is another to suppose that protections for the one must always come at the expense of the other. After all, the economics of contemporary politics and journalism would seem to be partly responsible for our difficulties in protecting personal privacy while sustaining robust and informative forms of public discourse. [Moore, 2010, 10 -141]2 Most newspapers are loss-making businesses and the need to reduce those losses and, if possible, to turn a profit, make investigative journalism an increasingly expensive proposition as compared to both “comment” and more or less elevated forms of gossip. At the same time, politics has increasingly become the prerogative of a narrow group of people with access to the large sums of money necessary successfully to compete for high office. In those circumstances, the need for critical scrutiny is as important as it is difficult. Revising our ideas about privacy and its protection cannot alone reduce the tensions between freedom of expression and personal privacy typical of our societies, necessary though such revision may be. Moreover, this paper can only touch on some aspects of the ways in which we need to rethink our interests in privacy, in order adequately to reflect people’s diverse interests in freedom of expression, and the important role of a free press to democratic government. Nonetheless, I hope to suggest ways of thinking about people’s claims to privacy which can be generalised fairly readily, and can help us to think constructively about the nature, causes and solutions to some important social and political problems, even if, in its nature, philosophical analysis rarely tells us what to do. More specifically, this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

In 1979, neuroscientists Libet, Wright, Feinstein and Pearl introduced the “delay-and-antedating” hypothesis/paradox based on the results of an on-going series of experiments dating back to 1964 that measured the neural adequacy [brain wave activity] of “conscious sensory experience”. What is fascinating about the results of this experiment is the implication, especially when considered in the light of Merleau-Ponty’s notions of “intentionality” and the “pre-reflective life of human motility”, that the body, and hence not solely the mind, is a thinking thing. (...) The experiments and conclusions of Libet et al. have attracted considerable academic attention and have been used in the development of psychological theories on automotivism and the adaptive unconscious. Moreover, they have engendered a series of important considerations in respect of the question of free will. This paper outlines the connections between the findings of Libet et al. and Merleau-Ponty’s ontology as presented in the Phenomenology of Perception. It is not our intention to argue that the former amounts to new wine in old bottles, but rather to show counterfactually that Merleau-Ponty’s ontology provides a theoretical framework which explains the experimental data obtained by Libet et al., and provides further speculative confirmation of the work stemming from neuro-physical research and emerging theories on the adaptive unconscious. (shrink)

This book is a very practical guide to help managers put their own and their employees' professional values to work. Through real life stories and case studies, the author brings to life and light the ethical challenges that present themselves in corporate and institutional settings. The reader gets to see that ethics lie not only in the big, dramatic defining moments, but in the everyday behaviors of people as they work together in the service of organizational goals. The text is (...) punctuated with summaries, exercises, and opportunities for reflection where the reader has an opportunity to review their own ethical frameworks and to see how these show up in the daily choices they make. Ideas are provided to help managers coach their employees in strategize around ethical issues, how to communicate their views with clarity and conviction, and how to find support in the organization to tackle difficult issues. (shrink)

Léontine Zanta (1878-1942) est la première femme française docteure en philosophie. Transgression symbolique, popularité médiatique, la reconnaissance d'une femme philosophe ne s'était jamais présentée comme telle sous la République. Si son caractère de pionnière résonne comme une évidence, à tel point que la doctoresse inspirera même la jeune Simone de Beauvoir dans son désir d'étudier la philosophie, pourquoi a-t-elle alors été oubliée de nos mémoires? Une enquête intellectuelle, dont cette biographie est le résultat, était donc nécessaire pour nous mettre face (...) à ce destin déroutant. (shrink)

The ethical conduct of research rests largely on researchers, and as such, an understanding of how they perceive and enact their role in research is paramount. However, the literature around ethics and research mostly focuses on researchers’ perception of Research Ethics Boards roles and functions. To fill that gap, we analyzed the perceptions of researchers, REB members, and influential parties about researchers’ role in the ethical conduct of research through discourse analysis. Three discourses emerged: researchers as reflective practitioners, protectors of (...) participants, and technicians. Understanding the commonalities and differences among the discourses may foster a shared and compelling institutional research culture. (shrink)

According to Mathias Risse and Richard Zeckhauser, racial profiling can be justified in a society, such as the contemporary United States, where the legacy of slavery and segregation is found in lesser but, nonetheless, troubling forms of racial inequality. Racial profiling, Risse and Zeckhauser recognize, is often marked by police abuse and the harassment of racial minorities and by the disproportionate use of race in profiling. These, on their view, are unjustified. But, they contend, this does not mean that all (...) forms of racial profiling are unjustified; nor, they claim, need one be indifferent to the harms of racism in order to justify racial profiling. In fact, one of the aims of their paper is to show that racial profiling, suitably understood, “is consistent with support for far-reaching measures to decrease racial inequities and inequality.” Hence, one of their most striking claims, in an original and provocative paper, is that one can endorse racial profiling without being in any way indifferent to the disadvantaged status of racial minorities. In an initial response to these claims, I argued that Risse and Zeckhauser tend to underestimate the harms of racial profiling. I suggested two main reasons why they did so. The first is that they tend to identify the more serious harms associated with profiling with background racism, and therefore to believe that these are not properly attributable to profiling itself. The second reason is that they ignore the ways in which background racism makes even relatively minor harms harder to bear and to justify than would otherwise be the case. Hence, I concluded, racial profiling cannot be a normal part of police practice in a society still struggling with racism, although under very special conditions and with special regulation and compensation in place, it might be justified as an extraordinary police measure. I want to stand by those claims. However, Risse’s response to my arguments persuades me that I misinterpreted his earlier position in one significant respect. So I will start by explaining what interpretive mistake I believe that I made. I will then argue that despite Risse’s patient and careful response to my arguments, my initial concerns with his justification of profiling remain valid. -/- . (shrink)

In what sense is The Right to Sex philosophical? On the one hand, Amia Srinivasan’s philosophical credentials are beyond question; she holds a named professorship in social and political theory at...

Hobbes's relation to the later Aristotelian tradition, in both its scholastic and its humanists variants, has been increasingly explored by scholars. However, on two fundamental points (the naturalness of the city and the use of the matter/form distinction in the political works), there is more to be said in this connection. A close examination of a range of late Renaissance commentaries on Aristotle's Politics shows that they elucidate a picture of pre-civic human nature that had (contrary to Hobbes's implication) much (...) in common with that of Hobbes. Moreover, they deployed the matter-form distinction in their analysis of the city or civitas in ways that are in important respects similar to Hobbes's procedure in De cive and Leviathan . The paper concludes that Hobbes drew on this tradition in multiple ways while at the same time undermining some of its principal conclusions; Hobbes was in no sense an 'Aristotelian' even if his philosophy has substantial debts to Aristotelianism. (shrink)

This paper explores issues of abstraction and space in Sande Zeig's movie The Girl (2001), based on a novella by Monique Wittig, who also co-wrote the script. It argues that, with this movie, Zeig and Wittig strive to re-materialize the lesbian body abstracted by the ‘Straight Mind’ as defined by Wittig in her 1980 essay. The plot revolves around the love affair of two women, the narrator and the Girl (a lesbian painter and a straight B-grade jazz singer), under the (...) oppressive scrutiny of the Man (the Girl's boss). Each part of this paper corresponds to one space where the characters interact: first, it shows how the nightclub stands as a space of transgression for the lesbian subject and how it opens a reflection on temporality as represented by space; then the analysis of the hotel room where the Girl lives and meets the narrator demonstrates how, notably through the use of close-ups in erotic scenes, Zeig redefines abstraction as a new way to envisage the materiality of the lesbian body; finally, in the third part, the discussion on abstraction moves on to the narrator's studio where, through her work as a painter, she also explores abstract representations of the female body. This approach reconciles Wittigian theory with post-modern queer theory, and confirms that the former still offers paths to positive reformulations of modes of relationality through the de-spatialization of gender – de-genderization; the rematerialization of the body outside of heteronormative conventions; and a reconfiguration of human relationships that refuses the inevitability of social and amorous hierarchy, and that shifts the representation of the erotic from possessiveness to disinterested reciprocity. (shrink)

Renaissance Thought and Its Sources presents the fruits of an extraordinary lifetime of scholarship: a systematic account of major themes in Renaissance philosophy, theology, science, and literature, show in their several settings. Here, in some of Paul Oskar Kristeller's most comprehensive and ambitious writings, is an exploration of the distinctive trends and concepts of the Renaissance, grounded in detailed historical investigation.All of these fourteen essays were originally delivered as lectures. Part One identifies the classical sources of Renaissance thought and exposes (...) its essential physiognomy, indicating its humanist, Aristotelian, and Platonist traditions. The next two parts present Renaissance thought in the historical context of the Latin and Greek Middle Ages. Part Four offers a thematic study of Renaissance thought, examining its characteristic conceptions of man's dignity, destiny, and grasp of truth. Part Five forms a summary from the perspective of a central theme of Renaissance intellectual life and of the entire Western tradition: the relation of language to thought and the seemingly insoluble contest between our literary and philosophical traditions.The reader of "Renaissance Thought and its Sources" enjoys the results of meticulous study in a concise yet comprehensive format. Throughout, Kristeller achieves a graceful blending of sever historical scholarship and adherence to humane values that the editor calls "nearly a lost art in our times.". (shrink)

A supplemental text for an Issues in Early Childhood Education or Introduction to Early Childhood Education course in Early Childhood Education departments or in Child and Family Studies departments. Covers five leading theorists whose perspectives are studied and applied widely in early childhood education. The book distills each theorist's work and explains how it relates to early care and education. Brief, inexpensive; a perfect complement to foundational courses.

In May 2013 a new Assisted Dying Bill was tabled in the House of Lords and is currently scheduled for a second reading in May 2014. The Bill was informed by the report of the Commission on Assisted Dying which itself was informed by evidence presented by invited experts.

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people's freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

Some philosophers defend the possibility of synchronic multilocation, and have even used it to defend other substantive metaphysical theses. But just how strong is the case for the possibility of synchronic multilocation? The answer to this question depends in part on whether synchronic multilocation is wedded to other controversial metaphysical notions. In this paper, I consider whether the possibility of synchronic multilocation depends on the possibility of time travel, and I conclude that the answer hinges on the nature of time (...) and persistence. (shrink)

Among the processes of canon-formation is the habit of coupling writers; and among the most powerful of couples in the traditional English literary canon is Spenser-and-Milton. Much of my own professional life has probably been determined by my first teaching assignment of 1963, which included “Spenser-and-Milton,” in those days at Toronto a famous cornerstone course carrying the tamp of the stamp of the formidable Renaissance scholar A. S. P. Woodhouse, known affectionately if disrespectfully to his students as Professor Nature-and-Grace. For (...) several years I labored mightily, though neither naturally nor, I suspect, gracefully, on Spenser-and-Milton, sensing all the time that the connections I made, the doctrines I was conveying, lacked persuasion; and no doubt the seed of this essay was sown in those days, although its angle of sight was not then available, obscured on all sides by institutional pillars.When we couple writers we usually imply a criterion of fit or at least explicable mating. While there is nothing to prohibit a merely comparativist curiosity, or coupling in the service of some other agenda, we presumably give greater authority to relationships that imply causality, even, or especially, if causality is defined as the influence of the one writer on the other. Most of such relationships are unidirectional, from the earlier to the later dead, and a plausible coupling requires either the successor’s own testimony that the influence-relation existed, or other evidence that the influence-relation was strong enough to be formative; or, preferably, both. Annabel Patterson, professor of literature and English at Duke University, is the author of Hermogenes and the Renaissance , Marvell and the Civic Crown , Censorship and Interpretation , Pastoral and Ideology: Virgil to Valéry , and Shakespeare and the Popular Voice. (shrink)

What can philosophy tell us about ethics and public policy? What can the ethics of public policy tell us about philosophy? Those are the questions that Jonathan Wolff addresses in his wonderful little book. At one level, of course, the answer is straightforward – ethics is a branch of philosophy, so philosophy can tell us about the ethics of public policy, understood as a matter of deciding ‘what we should do’ in a manner that is institutionalised and collectively binding. But (...) at another level, as Wolff shows, there is something deeply puzzling about the idea that philosophy can tell us anything very useful about public policy and about the ethical dilemmas that it raises. Those dilemmas arise as a result of political constraints, struggles and resources which generally have little to do with philosophy and, for the most part, rather little to do with ethics. So what, exactly, should philosophers expect from an engagement with public policy? (shrink)

The visual system is known to extract summary representations of visually similar objects which bias the perception of individual objects toward the ensemble average. Although vision plays a large role in guiding action, less is known about whether ensemble representation is informative for action. Motor behavior is tuned to the veridical dimensions of objects and generally considered resistant to perceptual biases. However, when the relevant grasp dimension is not available or is unconstrained, ensemble perception may be informative to behavior by (...) providing gist information about surrounding objects. In the present study, we examined if summary representations of a surrounding ensemble display influenced grip aperture and orientation when participants reached-to-grasp a central circular target which had an explicit size but importantly no explicit orientation that the visuomotor system could selectively attend to. Maximum grip aperture and grip orientation were not biased by ensemble statistics during grasping, although participants were able to perceive and provide manual estimations of the average size and orientation of the ensemble display. Support vector machine classification of ensemble statistics achieved above-chance classification accuracy when trained on kinematic and electromyography data of the perceptual but not grasping conditions, supporting our univariate findings. These results suggest that even along unconstrained grasping dimensions, visually-guided behaviors toward real-world objects are not biased by ensemble processing. (shrink)

Does the wide distribution of political power in democracies, relative to other modes of government, result in better decisions? Specifically, do we have any reason to believe that they are better qualitatively – more reasoned, better supported by the available evidence, more deserving of support – than those which have been made by other means? In order to answer this question we examine the recent effort by Talisse and Misak to show that democracy is epistemically justified. Highlighting the strengths and (...) weaknesses of their arguments, we conclude that the differences between an epistemic conception of democracy and an epistemic justification of democracy are fundamental to determining the relative attractions of different arguments for democracy, and their implications for actual forms of government. -/- . (shrink)

Devrions-nous remplacer les élections par des loteries ? Le célèbre livre de Bernard Manin sur le gouvernement représentatif a appris à beaucoup que les Grecs considéraient les élections comme un moyen aristocratique, et non démocratique, de sélectionner des personnes pour le pouvoir et l'autorité politique, en comparaison avec le tirage au sort, où chacun a une chance égale d'être sélectionné. (Manin 1997) Jusqu'à récemment, cependant, l'idée qu'un engagement envers la démocratie nécessite de remplacer les élections par le tirage au sort (...) a suscité peu d'intérêt parmi les philosophes politiques. (Blondiaux, 2008 ; Courant et Sintomer, 2019) Cela a maintenant changé. (Abizadeh 2020) ( A. Guerrero 2014) (A. Guerrero 2021b ; 2021a) (Landemore 2020) (Owen et Smith 2018) (P.-É. Vandamme et al. 2018). Cet article pose donc la question de savoir si le tirage au sort est plus démocratique que les élections et si, pour cette raison, nous devrions l’utiliser pour compléter ou remplacer les élections ? (shrink)

Must we vote for the common good? This isn’t an easy question to answer, in part because there is so little literature on the ethics of voting and, such as there is, it tends to assume without argument that we must vote for the common good. Indeed, contemporary political philosophers appear to agree that we should vote for the common good even when they disagree about seemingly related matters, such as whether we should be legally required to vote, whether we (...) are entitled to vote secretly rather than openly, or what form of democracy is most morally desirable.1 Such agreement is puzzling, then, given the extensive disagreements that surround it. Hence, the aim of this paper is to consider whether the only morally correct way to vote is to vote for the common good. My hope is that even those who are not persuaded by the answers that I can offer at the moment, will find that the question is less easy to answer than they may have thought, and that the ethics of voting merits more sustained attention than it has received thus far. (shrink)

Some philosophers need no introduction. Julius Kovesi is a philosopher who, regrettably, does need introducing. Kovesi’s career was as a moral philosopher and intellectual historian. This book is intended to reintroduce him, more than twenty years after his death and more than forty years after the publication of his only book, Moral Notions. This Introduction will sketch some of the key features of his life and philosophical thought.

ABSTRACTNew Zealanders were presented with the opportunity to change the national flag and opted to retain the current New Zealand flag, despite arguments that it was unable to reflect national identity adequately. This article unpacks the particular version of national identity constructed in discourse in the infographic, Our Nation. Your Choice. which was released prior to the final referendum that determined the outcome of the Flag Consideration Project. We used Fairclough’s critical discourse analysis to examine the discursive construction of national (...) identity by the Flag Consideration Panel that oversaw the process. The authoritative assertion of national identity on behalf of New Zealanders emphasised inclusiveness and unity by acknowledging cultural diversity. Biculturalism was confined to an old understanding of New Zealand identity while the ideology of multiculturalism, not yet officially implemented, was positioned as common-sense. There was a focus on situating New Zealand in a global context to distance New Zealand from colonisation and connection to Britain. The positive, cohesive conceptualisation of New Zealand suggested that the Flag Consideration Project was, in fact, an exercise in re-positioning New Zealand in the global context, in which the national flag would represent the national brand rather than contribute to national identity. (shrink)

This is a book about the theory of the city or commonwealth, what would come to be called the state, in early modern natural law discourse. Annabel Brett takes a fresh approach by looking at this political entity from the perspective of its boundaries and those who crossed them. She begins with a classic debate from the Spanish sixteenth century over the political treatment of mendicants, showing how cosmopolitan ideals of porous boundaries could simultaneously justify the freedoms of itinerant beggars (...) and the activities of European colonists in the Indies. She goes on to examine the boundaries of the state in multiple senses, including the fundamental barrier between human beings and animals and the limits of the state in the face of the natural lives of its subjects, as well as territorial frontiers. Drawing on a wide range of authors, Brett reveals how early modern political space was constructed from a complex dynamic of inclusion and exclusion. Throughout, she shows that early modern debates about political boundaries displayed unheralded creativity and virtuosity but were nevertheless vulnerable to innumerable paradoxes, contradictions, and loose ends.Changes of State is a major work of intellectual history that resonates with modern debates about globalization and the transformation of the nation-state. (shrink)

What does it mean to treat people as equals when the legacies of feudalism, religious persecution, authoritarian and oligarchic government have shaped the landscape within which we must construct something better? This question has come to dominate much constitutional practice as well as philosophical inquiry in the past 50 years. The combination of Second Wave Feminism with the continuing struggle for racial equality in the 1970s brought into sharp relief the variety of ways in which people can be treated unequally, (...) while respecting the formalities of constitutional government. Most obviously, the content of laws can mistreat them by wrongfully assuming that they are either threats to others, or that, like children, they need to be protected from harm through paternalistic limitations on their freedom of action. Or, as those concerned with class inequality have long noted, formal equality can create legal requirements, permissions, and prohibitions whose burdens fall predictably, and often solely, on groups who are already marginalised, and most in need of state protection. (Kairys, David 1990) Above all, what these two great political movements made plain, is that a concern for group inequality and, specifically, group injustice must figure in the formulation and adjudication of individual rights, if legal protections for equality are adequately to combat the causes of inequality. Getting to grips with that challenge, it became obvious, required going beyond the familiar analyses of inequality inherited from Liberalism and Marxism, given the many different ways in which people can be equal or unequal.(Hackett and Haslanger 2006, 3 - 15) In the first part of this chapter, I will seek to illustrate these claims, by focusing on efforts to reframe the theory and practice of constitutional equality given demands for sexual and racial equality. I will then show that analytic philosophy has also come to recognise the various non-reducible dimensions of equality in ways that reinforce the claims of critical legal theory, even as philosophers highlight their disconcerting consequences. If equality has multiple irreducible dimensions, conflicts between the legitimate demands of equality are unavoidable features of law and politics, even in the best possible world, and are likely to be particularly painful when set against a background of historical injustice. The chapter concludes with the challenges to democratic constitutionalism, and the scope for constructive responses to those challenges, which the rapprochement between critical and analytic thinking on equality suggests. (shrink)