Critical counter-conducts -- Who is the subject of (Foucault's human) rights? -- The ambivalence of rights -- Rights between tactics and strategy.

_Foucault’s Law_ is the first book in almost fifteen years to address the question of Foucault’s position on law. Many readings of Foucault’s conception of law start from the proposition that he failed to consider the role of law in modernity, or indeed that he deliberately marginalized it. In canvassing a wealth of primary and secondary sources, Ben Golder and Peter Fitzpatrick rebut this argument. They argue that rather than marginalize law, Foucault develops a much more radical, nuanced and (...) coherent theory of law than his critics have acknowledged. For Golder and Fitzpatrick, Foucault’s law is not the contained creature of conventional accounts, but is uncontainable and illimitable. In their radical re-reading of Foucault, they show how Foucault outlines a concept of law which is not tied to any given form or subordinated to a particular source of power, but is critically oriented towards alterity, new possibilities and different ways of being. _Foucault’s Law_ is an important and original contribution to the ongoing debate on Foucault and law, engaging not only with Foucault’s diverse writings on law and legal theory, but also with the extensive interpretive literature on the topic. It will thus be of interest to students and scholars working in the fields of law and social theory, legal theory and law and philosophy, as well as to students of Foucault’s work generally. (shrink)

This volume addresses the relationship between law and neoliberalism. Assembling work from established and emerging legal scholars, political theorists, philosophers, historians and sociologists from around the world, including the Americas, Australia, Europe and the United Kingdom, it addresses the conceptual, legal, and political relationships between liberal legality and neoliberal economics. More specifically, the book analyses the role that legality plays in the dominant economic force of our time: offering both a legal corrective to scholarship in economics and political economy that (...) has paid insufficient attention to legal ideas and, at the same time, a political economic corrective to legal scholarship which has only recently turned to theorizing neoliberalism. It will be of enormous interest to those working at the intersection of law and politics in our neoliberal age. (shrink)

As dominant liberal conceptions of the relationship between rights and freedom maintain, freedom is a property of the individual human subject and rights are a mechanism for protecting that freedom—whether it be the freedom to speak, to associate, to practise a certain religion or cultural way of life, and so forth. Rights according to these kinds of accounts are protective of a certain zone of permitted or valorised conduct and they function either as, for example, a ‘side-constraint’ on the actions (...) of others or as a ‘trump’ over governmental or community goals. In such accounts, of course, the emphasis is placed upon the forms of power against which rights protect the individual, whether that be the trespasses of others or the overweening attentions of the state. Such accounts famously do not themselves take much account of the multiple ways in which rights also function as forms of power, often delimiting the courses of action that a putative rights-holder can take and affecting the manner of its exercise, indeed often in the very name of freedom itself. Of course, there is a sizeable critical literature which does address itself to these kinds of question, most notably from the radical traditions of Marxism and critical legal theory, which see rights in terms of the relations of production, consumption and exploitation that they establish between legal subjects. For various reasons, Foucault has not figured as prominently in critical discussions of rights. Here I do not propose to enter into debates surrounding Foucault’s engagement with, or failure to engage with, law as an object of study, nor with the emergent literature on Foucault’s deployments of rights, indeed even of human rights. Rather, what I want to do in this paper is to articulate and defend the view that through a reading of Foucault’s work, both on rights and on power relations more broadly, we can discern an understanding of the political ambivalence of rights. For Foucault (and for some of the post-Foucaultian scholars whose work I shall address, below), rights are both political tools for the contestation and alteration of mechanisms of power and simultaneously mechanisms of inscription, both disciplinary and governmental, which work to conduct those who rely upon them. Far from being an unproblematic tool for the protection of the subject’s freedom, rights emerge in this account as conflicted and ambivalent mechanisms. In the first part of this paper I develop a Foucaultian account of rights along these lines and then hope to illustrate it by reference to several examples, from the constitution of gender and cultural identity via rights to the figure of the refugee, whilst in the final part of the paper I make a return to the idea of freedom in Foucault’s work and link the view of rights developed herein to a certain conception of freedom in his work. (shrink)

This book fills that gap, providing an in-depth analysis of Foucault's thought as it pertains to a range of different legal themes, such as: the opposition between 'law' and 'the juridical'; the problem of moral and legal judgment; the ...

Maks Del Mar’s book, Artefacts of Legal Inquiry: The Value of Imagination in Adjudication, proposes a rich and generative conception of judicial imagination. This essay reflects upon and then deplo...

The dominant theme across the three comments from Elizabeth Anker, Jonathan Crowe, and Ben Golder, is a plea for more engagement with the ethics and politics of adjudication. The commentators argue...

This book explores the role of causal constraints in science, shifting our attention from causal relations between individual events--the focus of most philosophical treatments of causation--to a broad family of concepts and principles generating constraints on possible change. Yemima Ben-Menahem looks at determinism, locality, stability, symmetry principles, conservation laws, and the principle of least action-causal constraints that serve to distinguish events and processes that our best scientific theories mandate or allow from those they rule out. Ben-Menahem's approach reveals that causation (...) is just as relevant to explaining why certain events fail to occur as it is to explaining events that do occur. She investigates the conceptual differences between, and interrelations of, members of the causal family, thereby clarifying problems at the heart of the philosophy of science. Ben-Menahem argues that the distinction between determinism and stability is pertinent to the philosophy of history and the foundations of statistical mechanics, and that the interplay of determinism and locality is crucial for understanding quantum mechanics. Providing historical perspective, she traces the causal constraints of contemporary science to traditional intuitions about causation, and demonstrates how the teleological appearance of some constraints is explained away in current scientific theories such as quantum mechanics. (shrink)

This paper considers whether an analogy between distance and dissimilarlity supports the thesis that degree of dissimilarity is distance in a metric space. A straightforward way to justify the thesis would be to define degree of dissimilarity as a function of number of properties in common and not in common. But, infamously, this approach has problems with infinity. An alternative approach would be to prove representation and uniqueness theorems, according to which if comparative dissimilarity meets certain qualitative conditions, then it (...) is representable by distance in a metric space. I will argue that this approach faces equally severe problems with infinity. (shrink)

This paper defends the view, put roughly, that to think that p is to guess that p is the answer to the question at hand, and that to think that p rationally is for one’s guess to that question to be in a certain sense non-arbitrary. Some theses that will be argued for along the way include: that thinking is question-sensitive and, correspondingly, that ‘thinks’ is context-sensitive; that it can be rational to think that p while having arbitrarily low credence (...) that p; that, nonetheless, rational thinking is closed under entailment; that thinking does not supervene on credence; and that in many cases what one thinks on certain matters is, in a very literal sense, a choice. Finally, since there are strong reasons to believe that thinking just is believing, there are strong reasons to think that all this goes for belief as well. (shrink)

The shortest stories are zero words long. There is no maximum length.

The map is not the territory - from ontology to epistemology in knowledge construction -- Dialectics: a mechanism of knowledge construction -- Reflectivity reconsidered -- Reflectivity and the researchers' perspective -- Reflectivity and the participants' perspective -- Ethical differences and similarities as sources of reflection and knowledge construction -- Research relations and power differentials: from resistance to collaboration and in-between -- Frames of reference and the control of knowledge -- Reciprocity: the nature and attributes of research relations and power -- (...) Epilogue: from dialectics to dialog across liminal spaces. (shrink)

The evil God challenge is an argumentative strategy that has been pursued by a number of philosophers in recent years. It is apt to be understood as a parody argument: a wholly evil, omnipotent and omniscient God is absurd, as both theists and atheists will agree. But according to the challenge, belief in evil God is about as reasonable as belief in a wholly good, omnipotent and omniscient God; the two hypotheses are roughly epistemically symmetrical. Given this symmetry, thesis belief (...) in an evil God and belief in a good God are taken to be similarly preposterous. In this paper, we argue that the challenge can be met, suggesting why the three symmetries that need to hold between evil God and good God – intrinsic, natural theology and theodicy symmetries – can all be broken. As such, we take it that the evil God challenge can be met. (shrink)

Well-Being and Death addresses philosophical questions about death and the good life: what makes a life go well? Is death bad for the one who dies? How is this possible if we go out of existence when we die? Is it worse to die as an infant or as a young adult? Is it bad for animals and fetuses to die? Can the dead be harmed? Is there any way to make death less bad for us? Ben Bradley defends the (...) following views: pleasure, rather than achievement or the satisfaction of desire, is what makes life go well; death is generally bad for its victim, in virtue of depriving the victim of more of a good life; death is bad for its victim at times after death, in particular at all those times at which the victim would have been living well; death is worse the earlier it occurs, and hence it is worse to die as an infant than as an adult; death is usually bad for animals and fetuses, in just the same way it is bad for adult humans; things that happen after someone has died cannot harm that person; the only sensible way to make death less bad is to live so long that no more good life is possible. (shrink)

One prominent argument in international law and religious thought for abolishing capital punishment is that it violates individuals’ right to life. Notably, this _right-to-life argument_ emerged from normative and legal frameworks that recognize deadly force against aggressors as justified when necessary to stop their unjust threat of grave harm. Can capital punishment be necessary in this sense—and thus justified defensive killing? If so, the right-to-life argument would have to admit certain exceptions where executions are justified. Drawing on work by Hugo (...) Bedau, I identify a thought experiment where executions are justified defensive killing but explain why they cannot be in our world. A state’s obligations to its prisoners include the _obligation to use nonlethal incapacitation_ (ONI), which applies as long as prisoners pose no imminent threat. ONI precludes executions for reasons of future dangerousness. By subjecting the right-to-life argument to closer scrutiny, this article ultimately places it on firmer ground. (shrink)

This paper argues against definitions of depiction in terms of the syntactic and semantic properties of symbol systems. In particular, it is argued that John Kulvicki's definition of depictive symbol systems in terms of relative repleteness, semantic richness, syntactic sensitivity and transparency is susceptible to similar counterexamples as Nelson Goodman's in terms of syntactic density, semantic density and relative repleteness. The general moral drawn is that defining depiction requires attention not merely to descriptive questions about syntax and semantics, but also (...) to foundational questions about what makes it the case that depictions have the syntactic and semantic properties they do. (shrink)

In recent years Mullins and Craig have argued that there is a problem for a timeless God creating, with Mullins formulating the argument as follows: (1) If God begins to be related to creation, then God changes. (2) God begins to be related to creation. (3) Therefore, God changes. (4) If God changes, then God is neither immutable nor timeless. (5) Therefore, God is neither immutable nor timeless. In this paper I argue that all the premises, (1), (2), and (4) (...) are false, and then provide a revised formulation of the argument which more clearly represents what Mullins and Craig wish to argue, given the explication and commentary they give when discussing this objection to timelessness. I then call into question this argument, and conclude by stating what I think Mullins and Craig should really be arguing given the specific views they have about creation ex nihilo and in virtue of what timelessness requires. (shrink)

This paper examines the implications of the context-sensitivity of counterfactuals for the correctness of emotions and attitudes towards death. I argue that the correctness of an attitude such as fear must be explained by appeal to its causal relations to certain preferences.

Descartes was the first to hold that, when we perceive, the representation need not resemble what it represents but should correspond to it. Descartes developed this ground-breaking, influential conception in his work on analytic geometry and then transferred it to his theory of perception. I trace the development of the idea in Descartes’ early mathematical works; his articulation of it in Rules for the Direction of the Mind; his first suggestions there to apply this kind of representation-by-correspondence in the scientific (...) inquiry of colours; and, finally, the transfer of the idea to the theory of perception in The World. (shrink)

This book explores the key motif of the religious Other in devotional (bhakti) literatures and practices from across the Indian subcontinent. The primary aim of this book is to reconsider and challenge inherited notions of the bhakta's or devotee's Other and unmask processes of representation that involve adoption, appropriation, and rejection of different social and religious agents. The book considers the ways in which bhakti might be conceived as having an inter-regional impact--as a force, discourse, network, mythology, ethic--while critically engaging (...) with extant scholarly narratives about what bhakti is and tracing when and how those narratives have been used. The sheer diversity of South Asia's devotional traditions renders them an especially rich resource for examining social and religious fault lines, thereby furthering scholarly understanding of how communalism and sectarianism originate and develop on local or regional levels, with wider geographic implications. Bringing together studies from a subcontinent-wide variety of linguistic, geographical, and historical frames for the first time, this book will be an important contribution to the literature on bhakti, and it will be of interest to scholars of South Asian Religion and Asian Religion. (shrink)

However, the barriers and facilitators of such changes - law reform perspectives - have been virtually ignored. Why do so many attempts to change the law fail but others are successful? International Perspectives on End-of-Life Law Reform aims to address this question by drawing on ten case studies of end-of-life law reform from the United Kingdom, the United States, Canada, the Netherlands, Belgium and Australia. Written by leading end-of-life scholars, the book's chapters blend perspectives from law, medicine, bioethics and sociology (...) to examine sustained reform efforts to permit assisted dying and change the law about withholding and withdrawing life-sustaining treatment. Findings from this book not only shed light on changing end-of-life law but also provide insight more generally into how and why law reform succeeds in complex and controversial social policy areas. (shrink)

In this article I defend a new argument against moralist theories of legitimacy and in favour of realist theories. Moralist theories, I argue, are vulnerable to ideological and wishful thinking because they do not connect the demands of legitimacy with the interests of rulers. Realist theories, however, generally do manage to make this connection. This is because satisfying the usual realist criteria for legitimacy – the creation of a stable political order that transcends brute coercion – is usually necessary for (...) rulers to preserve their rule. (shrink)

The distinction between perception and cognition has always had a firm footing in both cognitive science and folk psychology. However, there is little agreement as to how the distinction should be drawn. In fact, a number of theorists have recently argued that, given the ubiquity of top-down influences, we should jettison the distinction altogether. I reject this approach, and defend a pluralist account of the distinction. At the heart of my account is the claim that each legitimate way of marking (...) a border between perception and cognition deploys a notion I call ‘stimulus-control.’ Thus, rather than being a grab bag of unrelated kinds, the various categories of the perceptual are unified into a superordinate natural kind. (shrink)

This paper defends the simple view that in asserting that p, one lies iff one knows that p is false. Along the way it draws some morals about deception, knowledge, Gettier cases, belief, assertion, and the relationship between first- and higher-order norms.