In the UK, female genital mutilation is unlawful, not only when performed on minors, but also when performed on adult women. The aim of our paper is to examine several arguments which have been advanced in support of this ban and to assess whether they are sufficient to justify banning female genital mutilation for competent, consenting women. We proceed by comparing female genital mutilation, which is banned, with cosmetic surgery, towards which the law has taken a very permissive stance. We (...) then examine the main arguments for the prohibition of the former, assessing in each case both (a) whether the argument succeeds in justifying the ban and, if so, (b) whether a parallel argument would not also support a ban on the latter. We focus on the following arguments. Female genital mutilation should be unlawful because: (1) no woman could validly consent to it; (2) it is an oppressive and sexist practice; (3) it involves the intentional infliction of injury; (4) it causes offence. Our view is that arguments (3) and (4) are unsound and that, although arguments (1) and (2) may be sound, they support not only a ban on female genital mutilation, but also one on (some types of) costmetic surgery. Hence, we conclude that the present legal situation in the UK is ethically unsustainable in one of the following ways. Either the ban on female genital mutilation is unjustified because arguments (1) and (2) are not in fact successful; or the law's permissive attitude towards cosmetic surgery is unjustified because arguments (1) and (2) are in fact successful and apply equally to female genital mutilation and (certain forms of) cosmetic surgery. The people of the countries where female genital mutilation is practised resent references to ‘barbaric practices imposed on women by male‐dominated primitive societies’, especially when they look at the Western world and see women undergoing their own feminization rites intended to increase sexual desirability: medically dangerous forms of cosmetic plastic surgery, for instance …. (shrink)

In Re D is the most recent in a line of cases to raise problems with the determination of legal fatherhood under s.28(3) of the Human Fertilisation and Embryology Act 1990. The judgments in In Re D are interesting in particular because they demonstrate the growing currency of the idea that a child has a right to ‘genetic truth’. They also further evidence the ‘fragmentation of fatherhood’. This case is best understood as part of a complex and ongoing negotiation of (...) men’s role in the family in the light of shifting family forms. (shrink)

This book brings together new work by some of the foremost writers in the health care law arena. It presents exciting new insights,drawing on feminist theory and methodology to further our understanding of health care law. Whilst the book makes a real contribution to both feminist debates and the analysis of this area of law, it is also accessible to the undergraduate student who is approaching this area of legal scholarship and feminist jurisprudence for the first time. Its focus is (...) not merely on those issues which have traditionally excited feminist attention, but also includes those subjects which have proved of less apparent interest such as confidentiality, medical research, medical negligence and professional discipline. (shrink)

In Evans, both the U.K. High Court and Court of Appeal upheld Howard Johnston’s right to refuse Natallie Evans access to the stored embryos which represented her only hope of having a child which was genetically her own. In this note, I focus on claims of gender (in)equality in the resolution of Evans. My argument is that such claims are often made all too easily, without full consideration of the problems of advancing them in the context of procreative decision-making, where (...) men and women are inevitably differently situated. I conclude that although equality arguments are not wholly without value in this context, they need be used with extreme care. And, with due caution, I set out an equality argument of my own which was not made in Evans. (shrink)

Megan1 is a young teenage patient who suffered a stillbirth at 28 weeks, leading to a year long police investigation dropped only after postmortem tests found that her pregnancy was lost due to natural causes. The stress of the investigation and her isolation from friends and support network following the seizure of her mobile and laptop compounded the trauma of the stillbirth, leaving her requiring emergency psychiatric care. Aisha1 is a vulnerable patient who suffered a premature delivery, having experienced similar (...) problems in earlier pregnancies. Things happened so quickly that Aisha delivered on her own at home, only then seeking medical care. She told hospital staff that earlier in her pregnancy she had considered an abortion. As a result, she found herself interviewed under police caution and was required to surrender her phone and tablet, limiting access to friend and family support just when most needed. Aisha was denied unsupervised access to her baby in the intensive care unit, needing to hand over expressed breast milk to a receptionist. These stories, which were reported in a recent meeting in Parliament,1 are sadly far from unusual. They reflect the collateral damage of a growing trend towards more enthusiastic enforcement of the archaic abortion laws of England and Wales.2–5 In such cases, women who present with miscarriage, stillbirth or a premature delivery have aroused the suspicion of health professionals, sometimes because—like Aisha—they speak honestly about having considered abortion earlier in their pregnancies. They then find themselves reported to the police, required to surrender electronic devices and sometimes advised by duty solicitors to speak to no one about events leading to their investigation, thus being denied emotional and full clinical support at a time of significant trauma. These women are not the only victims of British abortion laws: so …. (shrink)

Of all the changes to the Human Fertilisation and Embryology Act 1990 that were introduced in 2008 by legislation of the same name, foremost to excite media attention and popular controversy was the amendment of the so-called welfare clause. This clause forms part of the licensing conditions which must be met by any clinic before offering those treatment services covered by the legislation. The 2008 Act deleted the statutory requirement that clinicians consider the need for a father of any potential (...) child before offering a woman treatment, substituting for it a requirement that clinicians must henceforth consider the child’s need for “supportive parenting”. In this paper, we first briefly recall the history of the introduction of s 13(5) in the 1990 Act, before going on to track discussion of its amendment through the lengthy reform process that preceded the introduction of the 2008 Act. We then discuss the meaning of the phrase “supportive parenting” with reference to guidance regarding its interpretation offered by the Human Fertilisation and Embryology Authority. While the changes to s 13(5) have been represented as suggesting a major change in the law, we suggest that the reworded section does not represent a significant break from the previous law as it had been interpreted in practice. This raises the question of why it was that an amendment that is likely to make very little difference to clinical practice tended to excite such attention (and with such polarising force). To this end, we locate debates regarding s 13(5) within a broader context of popular anxieties regarding the use of reproductive technologies and, specifically, what they mean for the position of men within the family. (shrink)

Under current UK law, an embryo cannot be transferred to a woman's uterus without the consent of both of its genetic parents, that is both of the people from whose gametes the embryo was created. This consent can be withdrawn at any time before the embryo transfer procedure. Withdrawal of consent by one genetic parent can result in the other genetic parent losing the opportunity to have their own genetic children. We argue that offering couples only one type of consent (...) agreement, as happens at present, is too restrictive. An alternative form of agreement, in which one genetic parent agrees to forego the right to future withdrawal of consent, should be available alongside the current form of agreement. Giving couples such a choice will better enable them to store embryos under a consent agreement that is appropriate for their circumstances. Allowing such a choice, with robust procedures in place to ensure the validity of consent, is the best way to respect patient autonomy. (shrink)

Since 1991, sperm donors in the UK have had the legal right to withdraw consent for the use of their sperm in fertility treatment. This has the potential to adversely affect patients. It may mean that previous recipients of a donor’s sperm cannot have further children who are full biological siblings to an existing child, and that embryos created from the donor’s sperm and a patient’s eggs must be destroyed.

Following a Consultation exercise conducted by the Lord Chancellor's Department, the U.K. Government has announced its intention to amend the Children Act 1989 so that the unmarried father who jointly registers the birth with the mother will acquire parental responsibility automatically. In this paper, I draw on the responses made to the L.C.D. Consultation, in order critically to evaluate the arguments for and against reform. A poverty of relevant empirical research makes it impossible to reach a properly informed view on (...) the positive or negative impacts of implementing the proposal. However, the principled arguments: that unmarried fathers and their children are subject to discrimination, or that it is unfair for men to pay child support, yet have no automatic rights with regard to their children, are ultimately unconvincing. I also attempt a more explicitly sociological exploration of the Consultation and reform process, focusing on what it can tell us about evolving social attitudes towards the statuses of `father' and `family' and how they should be valued and protected. (shrink)

From the early years of the Common Era to 1700, Indian intellectuals explored with unparalleled subtlety the place of emotion in art. Their investigations led to the deconstruction of art's formal structures and broader inquiries into the pleasure of tragic tales. _Rasa_, or taste, was the word they chose to describe art's aesthetics, and their passionate effort to pin down these phenomena became its own remarkable act of creation. This book is the first in any language to follow the evolution (...) of rasa from its origins in dramaturgical thought--a concept for the stage--to its flourishing in literary thought--a concept for the page. _Reader on Rasa_ incorporates primary texts by every significant thinker of classical Indian aesthetics, many never translated before. The arrangement of the selections captures the intellectual dynamism that has powered this debate for centuries. Headnotes explain the meaning and significance of each text, a comprehensive introduction summarizes major threads in intellectual-historical terms, and critical endnotes and an extensive bibliography add further depth to the selections. The Sanskrit theory of emotion in art is one of the most sophisticated in the ancient world, a precursor of the work being done today by critics and philosophers of aesthetics. This volume's conceptual detail, historical precision, and clarity will appeal to any scholar interested in a full portrait of global intellectual development. __Reader on Rasa___ is the inaugural book in the Historical Sourcebooks in Classical Indian Thought series, edited by Sheldon Pollock. These text-based books guide readers through the most important forms of classical Indian thought, from epistemology, rhetoric, and hermeneutics to astral science, yoga, and medicine. Each volume provides fresh translations of key works, headnotes to contextualize selections, a comprehensive analysis of major lines of development within the discipline, and exegetical and text-critical endnotes, as well as a bibliography. Designed for comparativists and interested general readers, Historical Sourcebooks is also a great resource for advanced scholars seeking authoritative commentary on challenging works._. (shrink)

Racism, sexism, and other forms of injustice are more than just bad attitudes; after all, such injustice involves unfair distributions of goods and resources. But attitudes play a role. How central is that role? Tommie Shelby, among others, argues that racism is an ideology and takes a cognitivist approach suggesting that ideologies consist in false beliefs that arise out of and serve pernicious social conditions. In this paper I argue that racism is better understood as a set of practices, attitudes, (...) social meanings, and material conditions, that systematically reinforce one another. Attitudes play a role, but even the cognitive/affective component of ideologies should include culturally shared habits of mind and action. These habits of mind distort, obscure, and occlude important facts about subordinated groups and result in a failure to recognize their interests. How do we disrupt such practices to achieve greater justice? I argue that this is sometimes, but not always, best achieved by argument or challenging false beliefs, so social movements legitimately seek other means. (shrink)

Much contemporary social epistemology takes as its starting point individuals with sophisticated propositional attitudes and considers (i) how those individuals depend on each other to gain (or lose) knowledge through testimony, disagreement, and the like and (ii) if, in addition to individual knowers, it is possible for groups to have knowledge. In this paper I argue that social epistemology should be more attentive to the construction of knowers through social and cultural practices: socialization shapes our psychological and practical orientation so (...) that we perform local social practices fluently. Connecting practical orientation to an account of ideology, I argue that to ignore the ways in which cognition is socially shaped and filtered is to allow ideology to do its work unnoticed and unimpeded. Moreover, ideology critique cannot simply challenge belief, but must involve challenges to those practices through which we ourselves become the vehicles and embodiments of ideology.V. (shrink)

Immanuel Kant's Groundwork of the Metaphysics of Morals of 1785 is one of the most profound and important works in the history of practical philosophy. In this introduction to the Groundwork, Sally Sedgwick provides a guide to Kant's text that follows the course of his discussion virtually paragraph by paragraph. Her aim is to convey Kant's ideas and arguments as clearly and simply as possible, without getting lost in scholarly controversies. Her introductory chapter offers a useful overview of Kant's (...) general approach to practical philosophy, and she also explores and clarifies some of the main assumptions which Kant relies on in his Groundwork but defends in his Critique of Pure Reason. The book will be a valuable guide for all who are interested in Kant's practical philosophy. (shrink)

This book examines Aristotle's metaphysics and his account of nature, stressing the ways in which his desire to explain observed natural processes shaped his philosophical thought. It departs radically from a tradition of interpretation, in which Aristotle is understood to have approached problems with a set of abstract principles in hand, principles derived from critical reflection on the views of his predecessors. A central example of the book interprets Aristotle's essentialism as deriving from an examination of the kinds of unity (...) that various sorts of things have: elemental motion, alteration, transformation and the growth of organisms. An important conclusion of this argument is that an essence may, under certain circumstances, lack some of its essential attributes. This is a major re-evaluation of Aristotle's metaphysics that will interest philosophers, classicists and historians of science. (shrink)

In this collection of previously published essays, Sally Haslanger draws on insights from feminist and critical race theory and on the resources of contemporary analytic philosophy to develop the idea that gender and race are positions ...

The United Network for Organ Sharing (UNOS) waiting list was designed as a just and equitable system through which the limited number of organs is allocated to the millions of Americans in need of a transplant. People have trusted the system because of the belief that everyone on the list has an equal opportunity to receive an organ and also that allocation is blind to matters of financial standing, celebrity or political power. Recent events have revealed that certain practices and (...) policies have the potential to be exploited. The policies addressed in this paper enable those on the list with the proper resources to gain an advantage over other less fortunate members, creating a system that benefits not the individual most in medical need, but the one with the best resources. These policies are not only unethical but threaten the balance and success of the entire UNOS system. This paper proposes one possible solution, which seeks to balance the concepts of justice and utility. (shrink)

Are sagging pants cool? Are cows food? Are women more submissive than men? Are blacks more criminal than whites? Taking the social world at face value, many people would be tempted to answer these questions in the affirmative. And if challenged, they can point to facts that support their answers. But there is something wrong about the affirmative answers. In this chapter, I draw on recent ideas in the philosophy of language and metaphysics to show how the assertion of a (...) generic claim of the sort in question ordinarily permits one to infer that the fact in question obtains by virtue of something specifically about the subject so described, i.e., about women, or blacks, or sagging pants. In the examples I’ve offered, however, this implication inference is unwarranted. The facts in question obtain by virtue of broad system of social relations within which the subjects are situated, and are not grounded in intrinsic or dispositional features of the subjects themselves. The background relations are obscured, however, and as a result, the assertion is at least systematically misleading; a denial functions to block the problematic implication. Revealing such implications or presuppositions and blocking them is a crucial part of ideology critique. (shrink)

Where does philosophy begin, and where does it end? For John Sallis, philosophy’s many starting points all lead back to Plato’s cave, a reminder that no matter how rigorous our thought, we can never quite escape to pure understanding. We remain always on the verge, at the limits of philosophy—but the verge, Sallis argues, is where the most decisive philosophical thinking takes place. The Verge of Philosophy is in one sense a memorial for Sallis’s longtime friend and interlocutor Jacques Derrida. (...) The centerpiece of the book is an extended examination of three sites in Derrida’s thought: his interpretation of Heidegger regarding the privileging of the question, Derrida’s account of the Platonic figure of the good, and his interpretation of Plato’s discourse on the crucial concept of the chora , the originating space of the universe. Sallis’s explorations are given added weight—even poignancy—by his discussion of his many public and private philosophical conversations with Derrida over the decades of their friendship. The Verge of Philosophy thus simultaneously serves to mourn and remember a friend and to push forward the deeply searching discussions that lie at the very heart of that friendship. Rounded out with examinations of the myth of Orpheus and the parameters of a politics of music, Heidegger’s interpretation of Plato, and the question of a new beginning for philosophy, The Verge of Philosophy is a wholly original work by a master thinker and will be essential to all those who treasure philosophical inquiry. (shrink)

In this article we examined the ways in which strategic ambiguity in the use of keywords served an enabling function within a discourse marked by conflict and ideological divisions. Our analysis focused on the intertextual relationships between five documents intended by the government to guide the development of biotechnology in New Zealand. Through our analysis we identified ‘sustainability’ as a keyword and three major roles for the deployment of the discourse strategy of strategic ambiguity in the use of this keyword. (...) First, strategic ambiguity lent an internal and intertextual coherence to the texts. Second, it allowed multiple perspectives and objectives to co-exist. Third, strategic ambiguity facilitated the participation of discourse actors who subscribed to ideologies that were more or less incommensurable. (shrink)

This edited volume draws upon Lacanian psychoanalytic theory to examine the conscious and unconscious forces underlying race as a social formation, conceptualizing race, racial identity, and racism in ways that go beyond traditional modes of psychoanalytic thought Featuring contributions from Lacanian scholars from diverse geographical and disciplinary contexts, chapters span a wide breadth of topics including white nationalism and contemporary debates over confederate monuments; emergent theories of race rooted in Afropessimism and postcolonialism; Latinx and other racialized groups; apartheid and American (...) slavery; and applications of Lacan's concepts of the lamella, drive and sexuation to processes of racialization. The collection both reorients readers' understandings of race through its deployment of Lacanian theory and redefines the Lacanian subject through its theorizing of subjectivity in relation to race, racism and racial identification. Lacan and Race will be a definitive text for psychoanalytic theorists and contemporary scholars of race and appeal to readers across the fields of psychology, cultural studies, humanities, politics, and sociology. (shrink)

The period from Kant to Hegel is one of the most intense and rigorous in modern philosophy. The central problem at the heart of it was the development of a new standard of theoretical reflection and of the principle of rationality itself. The essays in this volume, published in 2000, consider both the development of Kant's system of transcendental idealism in the three Critiques, the Metaphysical Foundations of Natural Science, and the Opus Postumum, as well as the reception and transformation (...) of that idealism in the work of Fichte, Schelling and Hegel. (shrink)

A survey of contemporary philosophical and scientific literatures reveals that different authors employ the term ‘heuristic’ in ways that deviate from, and are sometimes inconsistent with, one another. Given its widespread use in philosophy and cognitive science generally, it is striking that there appears to be little concern for a clear account of what phenomena heuristics pick out or refer to. In response, I consider several accounts of ‘heuristic’, and I draw a number of distinctions between different sorts of heuristics (...) in order to make sense of various research programmes. I then develop a working characterization of ‘heuristic’ which is shown to be coherent and robust enough to serve as a kind within philosophy and cognitive science broadly. My intent is not to pursue a unified account of ‘heuristic’, but to highlight some features of certain kinds of heuristics that are important for theorizing about cognition in order to proceed with a science of the mind/brain. 1 Why We Need an Appropriate Characterization of ‘Heuristic’2 Inadequate Definitions2.1 A positive attempt2.2 Heuristics versus guaranteed correct outcomes3 A Taxonomy of Heuristics3.1 Stimulus-driven versus heuristic3.2 Perceptual versus cognitive heuristics3.3 Computational versus cognitive heuristics3.4 Methodological versus inferential heuristics3.5 Summary of distinctions4 Characterizing Cognitive Heuristics4.1 Heuristics as rules of thumb4.2 Beyond rules of thumb: exploiting information5 Concluding Remarks. (shrink)

It is always awkward when someone asks me informally what I’m working on and I answer that I’m trying to figure out what gender is. For outside a rather narrow segment of the academic world, the term ‘gender’ has come to function as the polite way to talk about the sexes. And one thing people feel pretty confident about is their knowledge of the difference between males and females. Males are those human beings with a range of familiar primary and (...) secondary sex characteristics, most important being the penis; females are those with a different set, most important being the vagina or, perhaps, the uterus. Enough said. Against this background, it isn’t clear what could be the point of an inquiry, especially a philosophical inquiry, into “what gender is”. (shrink)

Bohmian mechanics and the Ghirardi-Rimini-Weber theory provide opposite resolutions of the quantum measurement problem: the former postulates additional variables (the particle positions) besides the wave function, whereas the latter implements spontaneous collapses of the wave function by a nonlinear and stochastic modification of Schrödinger's equation. Still, both theories, when understood appropriately, share the following structure: They are ultimately not about wave functions but about 'matter' moving in space, represented by either particle trajectories, fields on space-time, or a discrete set of (...) space-time points. The role of the wave function then is to govern the motion of the matter. (shrink)

External debt, poverty, and the use of natural resources are inextricably linked. Annis argues that the direction in which a country's economic resources are transferred—from poor to rich, or rich to poor—also sets the pattern for the flow of natural resources.

The book features: Simple explanations of big ethical ideas. Case studies to bring ethics to life, and show how bad it can be when ethics go wrong.

Ethical challenges that arise within healthcare delivery institutions are currently categorized as either clinical or organizational, based on the type of issue. Despite this common binary issue-based methodology, empirical study and increasing academic dialogue indicate that a clear line cannot easily be drawn between organizational and clinical ethics. Disagreement around end-of-life treatments, for example, often spawn value differences amongst parties at both organizational and clinical levels and requires a resolution to address both the case at hand and large-scale underlying system-level (...) confounders. I refer to issues that contain elements of both clinical and organizational issues as hybrids and propose a new taxonomy to characterize hybrid cases. I contend that salient contextual features of an ethical issue, such as where it is identified, who it impacts and where it is ideally resolved in relation to its scope of impact, should inform procedure. Implementation of a Hybrid taxonomy viewing ethical issues as existing on a continuum furthers that end. The primary goals are to 1) systematize thinking about ethical issues that arise within healthcare delivery institutions and 2) allow the content of the ethical challenge to drive the process, rather than continuing to rely on the traditional binary issue-based choice. Failure to capture the complexity of hybrid situations perpetuates incomplete information and ultimately an inchoate resolution that creates more questions than answers. (shrink)

Bohmian mechanics, which is also called the de Broglie-Bohm theory, the pilot-wave model, and the causal interpretation of quantum mechanics, is a version of quantum theory discovered by Louis de Broglie in 1927 and rediscovered by David Bohm in 1952. It is the simplest example of what is often called a hidden variables interpretation of quantum mechanics. In Bohmian mechanics a system of particles is described in part by its wave function, evolving, as usual, according to Schrödinger's equation. However, the (...) wave function provides only a partial description of the system. This description is completed by the specification of the actual positions of the particles. The latter evolve according to the.. (shrink)

The Great Divide in metaphysical debates about laws of nature is between Humeans, who think that laws merely describe the distribution of matter, and non-Humeans, who think that laws govern it. The metaphysics can place demands on the proper formulations of physical theories. It is sometimes assumed that the governing view requires a fundamental / intrinsic direction of time: to govern, laws must be dynamical, producing later states of the world from earlier ones, in accord with the fundamental direction of (...) time in the universe. In this paper, we propose a minimal primitivism about laws of nature (MinP) according to which there is no such requirement. On our view, laws govern by constraining the physical possibilities. Our view captures the essence of the governing view without taking on extraneous commitments about the direction of time or dynamic production. Moreover, as a version of primitivism, our view requires no reduction / analysis of laws in terms of universals, powers, or dispositions. Our view accommodates several potential candidates for fundamental laws, including the principle of least action, the Past Hypothesis, the Einstein equation of general relativity, and even controversial examples found in the Wheeler-Feynman theory of electrodynamics and retrocausal theories of quantum mechanics. By understanding governing as constraining, non-Humeans who accept MinP have the same freedom to contemplate a wide variety of candidate fundamental laws as Humeans do. (shrink)

On Beauty and Measure features renowned philosopher John Sallis' commentaries on Plato's dialogues the Symposium and the Statesman. Drawn from two lecture courses delivered by Sallis, they represent his longest and most sustained engagement to date with either work. Brilliantly original, Sallis's close readings of Plato's dialogues are grounded in the original passages and also illuminate the overarching themes that drive the dialogues.