The concept of autonomy plays atleast two roles in moral theory. First, itprovides a source of constraints upon action:because I am autonomous you may not interferewith me, even for my own good. Second, itprovides a foundation for moral theory: humanautonomy has been thought by some to producemoral principles of a more general kind.This paper seeks to understand what autonomyis, and whether the autonomy of which we arecapable is able to serve these roles. We wouldnaturally hope for a concept of autonomy (...) thatis value-neutral rather than value-laden. Thatis to say, we would want the judgement that Iam autonomous to depend wholly on, say,structural features of my psychology, and in noway to require us to make ethical judgements, orother value judgements. Being value-neutral isperhaps desirable in a concept of autonomyserving the first role, and plausiblyindispensible in one playing the second. Ishall argue, however, that value-neutral conceptionsof autonomy are impoverished and out of linewith our intuitions; set out and defendan explicitly value-laden conception ofautonomy; and explore the implications of such a view for theability of autonomy to play the rolesmentioned above. (shrink)

This paper examines recent attempts to defend Rule-Consequentialism against a traditional objection. That objection takes the form of a dilemma, that either Rule-Consequentialism collapses into Act-Consequentialism or it is incoherent. Attempts to avoid this dilemma based on the idea that using RC has better results than using AC are rejected on the grounds that they conflate the ideas of a criterion of rightness and a decision procedure. Other strategies, Brad Hooker's prominent amongst them, involving the thought that RC need contain (...) no overarching concern to maximize the good are acknowledged to avoid the original dilemma, but lead to further problems of motivating and justifying RC in the absence of such a concern. The paper argues that Hooker's attempt to deal with these problems by using a 'Reflective Equilibrium plus method is unsuccessful. (shrink)

Many people are uncomfortable with the idea that pleasure from certain sources is genuinely beneficial. These sources can be sorted into two classes: ones that involve others’ pain; and ones that involve what seems to be damage rather than benefit to the person involved. Here’s an example of the latter: a woman who claims that she enjoys her work performing in hard-core pornographic films. Some find it hard to take such a claim at face value – they instinctively assume that (...) the woman is insincere or self-deceived.1 The reason seems a strongly paternalistic one: because the activity is assumed to be bad, it’s thought that only someone who was in some way damaged could genuinely like it. A statement from Brian Hill, the director of a documentary about such women, illustrates this: ‘I felt certain that she couldn’t enjoy what she does, that there must be some reason why she’s undergoing this kind of experience. But there was nothing: no messed-up childhood, no sense of pain or humiliation.’ Forced to conclude that the woman in question really does enjoy her work, Hill changes his view to imply that the pleasure gained cannot be truly beneficial: ‘When I hear a young woman talking about doing videos of fisting and asphyxiation, I have to wonder what it’s doing to her – even if she says that she’s having fun.’. (shrink)

The so-called ‘Humean’ view of motivation is pretty standard in the Philosophy of Mind. Its most prominent contemporary defender, Michael Smith, calls it a ‘dogma’. Humeans believe in a strict divide between beliefs and desires. Beliefs have no intrinsic motivating force: I may believe anything at all, but only with the contribution of a separate desire will I be motivated to act. This claim should be broadened out to include all cognitive states (belief, knowledge…). The Humean claim is that cognitive (...) states are wholly lacking in conative power. If some beliefs seem to us to motivate action, that can only be due to a contingent association with a separate conative state. (shrink)

This paper suggests the adoption of a ‘capability approach’ to key concepts in healthcare. Recent developments in theoretical approaches to concepts such as ‘health’ and ‘disease’ are discussed, and a trend identified of thinking of health as a matter of having the capability to cope with life’s demands. This approach is contrasted with the WHO definition of health and Boorse’s biostatistical account. We outline the ‘capability approach’, which has become standard in development ethics and economics, and show how existing work (...) in those areas can profitably be adapted to healthcare. Cases are used to illustrate the value of adopting a capability approach. (shrink)

This paper argues that the demands of respect for autonomy in the context of biobanking are fewer and more limited than is often supposed. It discusses the difficulties of agreeing a concept of autonomy from which duties can easily be derived, and suggests an alternative way to determine what respect for autonomy in a biobanking context requires. These requirements, it argues, are limited to provision of adequate information and non-coercion. While neither of these is in itself negligible, this is a (...) smaller set of demands than is often suggested. In particular, it is argued here that securing ‘one time consent’ is consistent with respect for autonomy. Finally, the paper notes that while the demands of respect for autonomy may be less than some suppose, respecting autonomy is not the only way in which biobanks and their users may have moral duties to donors. (shrink)

This Article is made up of two parts. The first part reflects on the dominant functionalist approach to comparative consumer bankruptcy and suggests that this might be supplemented by a political economy analysis that addresses the role of national and international interest groups, including professionals, and ideology in understanding different national responses to overindebtedness in North America and Europe. The second part examines current reforms to consumer bankruptcy and responses to overindebtedness in the UK through this political economy lens and (...) concludes that competition among professional groups, the role and interests of the Insolvency Service, and the ideology of the Third Way in consumer policy will influence the ultimate structure adopted for addressing consumer insolvency. A study of the English experience suggests that there is also an element of national path dependency to consumer insolvency reform that may resist pressures towards convergence of approaches between countries in addressing issues of consumer insolvency. (shrink)

Written by experts in their field, this Companion surveys the challenges and provocations raised by the major voices of poststructuralism: Foucault, Deleuze, Derrida, Cixous, Lyotard, Guattari, Kristeva, Irigaray, Barthes and Baudrillard. Thematically organised and clearly written, it will guide students and researchers in philosophy, literature, art, geography, politics, sociology, law, film and cultural studies around the nature and contemporary relevance of poststructuralism.

BackgroundEuthanasia can be thought of as being either active or passive; but the precise definition of “passive euthanasia” is not always clear. Though all passive euthanasia involves the withholding of life-sustaining treatment, there would appear to be some disagreement about whether all such withholding should be seen as passive euthanasia.Main textAt the core of the disagreement is the question of the importance of an intention to bring about death: must one intend to bring about the death of the patient in (...) order for withholding treatment to count as passive euthanasia, as some sources would indicate, or does withholding in which death is merely foreseen belong to that category? We may expect that this unclarity would be important in medical practice, in law, and in policy. The idea that withholding life-sustaining treatment is passive euthanasia is traced to James Rachels’s arguments, which lend themselves to the claim that passive euthanasia does not require intention to end life. Yet the argument here is that Rachels’s arguments are flawed, and we have good reasons to think that intention is important in understanding the moral nature of actions. As such, we should reject any understanding of passive euthanasia that does not pay attention to intent.Short conclusionJames Rachels’s work on active and passive euthanasia has been immensely influential; but this is an influence that we ought to resist. (shrink)

As predicted by Duverger’s Law, the UK has two-party competition in each electoral district. However, there can be different patterns of two-party competition in different districts (currently there are five), so that there have usually been more than two effective parties in the Commons. Since 1874 it has always contained parties fighting seats in only one of the non-English parts of the Union. These parties wish to change the Union by strengthening, weakening, or dissolving it. By calculating the Penrose power (...) index for all parties in the House of Commons for all General Elections since 1874, we identify the occasions on which a party that wished to modify the Union was pivotal. We explain various acts (e.g, the Crofters Act 1886; the first three Irish Home Rule Bills; the Parliament Act 1911) and non-acts (e.g. the failure to enact female suffrage before 1914) by reference to the Penrose indices of the non-English parties. The indices also explain how and why policy towards Scotland, Wales and Northern Ireland changed, and did not change, in the 1970s. (shrink)

In debates about human cloning, a distinction is frequently drawn between therapeutic and reproductive uses of the technology. Naturally enough, this distinction influences the way that the law is framed. The general consensus is that therapeutic cloning is less morally problematic than reproductive cloning — one can hold this position while holding that both are morally unacceptable — and the law frequently leaves the way open for some cloning for the sake of research into new therapeutic techniques while banning it (...) for reproductive purposes. We claim that the position adopted by the law has things the wrong way around: if we accept a moral distinction between therapeutic and reproductive cloning, there are actually more reasons to be morally worried about therapeutic cloning than about reproductive cloning. If cloning is the proper object of legal scrutiny, then, we ought to make sure that we are scrutinising the right kind of clone. (shrink)

Hans Kelsen’s Pure Theory of Law, presented as a form of legal positivism, is interpreted as establishing metaphysical bases of legal science, on analogy with Kant’s “metaphysical bases of natural science (Metaphysische Anfangsgründe der Naturwissenschaft)”. It is asked, in the light of the Pure Theory’s acknowledged difficulties, how far it succeeds in escaping from the exegetical tradition in Western legal theory.

In Schelling’s “On the Relation between the Real and the Ideal in Nature", not only does the titular copula bond real and ideal, but it is itself bonded in and by nature. If the copula doesn't merely bond nature and judgment, but bonds the latter to the former as an instance of the nature from which is derives, what relation does the essay's search for nature's primals bear to the universalism of logical law? What, moreover, is the relation of the (...) copula to its environing nature? I here aim to explore the claim that, for Schelling, something is logically exhibited when the nature in the judgment differs for that reason from the nature in which it is itself contained or conceived. (shrink)

Motivated by Lord Joffe’s Assisted Dying for the Terminally Ill Bill, but with one eye on any possible future legislation, I consider the justifications that might be offered for limiting assistance in dying to those who are suffering unbearably from terminal illness. I argue that the terminal illness criterion and the unbearable suffering criterion are not morally defensible separately: that a person need be neither terminally ill (or ill at all), nor suffering unbearably (or suffering at all) to have a (...) right to assisted dying. Indeed: I shall suggest that the unbearable suffering criterion undermines the Bill (or any proposal like it) wholesale. On the other hand, the criteria taken together are defensible, and this defence would be built on a concern for the protection of the vulnerable. However, I also claim that this implies that the law might justifiably—and maybe even properly—aim to prevent a person from gaining access to that to which they have a serious moral right. This seems paradoxical, and, towards the end of the paper, I seek to tease apart the paradox. (shrink)

The Commission on Assisted Dying was an unofficial body set up to investigate the legal position on assisted dying in the UK in the autumn of 2010. Its report was published to some degree of media attention in the first week of January 2012; its most headline-grabbing suggestion provided a framework setting out how British law might be reformed to allow assisted dying for the terminally ill. In this paper, I analyse some of the key points of the report and (...) argue that it adds little that could settle – or even add to – the assisted dying debate. (shrink)

However little that various disciplines in the humanities and social sciences might seem to have in common, they share certain interests in methodological problems relating to evidence, inference, and interpretation. By pursuing these shared interests across divergent topics and fields, the contributors to this book advance our understanding of how such truth-seeking, proof-finding methods work, and of what it means to prove something in a range of contexts. Coedited by William Twining, one of the world's outstanding evidence scholars, and Lain (...) HempsherMonk, a leading political theorist, the volume considers intriguing questions from different realms--Assyriology, theatre iconography, musicology, criminology, the history of ideas and colonial history--as it reveals how particular concepts, lines of questioning, and techniques of reasoning and analysis developed in one context can be fruitfully applied in others. (shrink)

In pre-democratic – also pre-modern – times, religion had been at the centre of much of human life, filling the private as well as the public realm of people’s daily existence. However, with the change to democratic rule in major countries in the modern world (see, most influentially, Article 1 of the French Constitution after the French Revolution and the First Amendment to the Constitution of the United States, influencing all other democracies in their wake), religion has for the most (...) part reflexively been sidelined from public life. Or has it? Does religion not still hold a special place in law in democratic societies, but now in reverse? Firstly, whereas matters of religious faith had throughout the greater part of human history been included in matters of politics, it is now as a matter of course of law excluded, purposely so. Religion is thus still a ‘special case’, a unique aspect of humanity when compared to all other matters, in law as much as in politics and other aspects of public life. Secondly, in the post-secular cultural climate dawning across the world, matters of faith (religion, spirituality) are no longer as stringently excluded from public life, which impacts directly on how religion is touched upon in law, sociology, philosophy, music and other academic disciplines too. Our dawning post-secular age is bringing something new. Two scholars, who have been doing foundational work in this regard, have done so fully in parallel, not taking cognisance of the mutualities in their academic contributions. Otto in Munich, Germany, has been combining his two areas of expertise, the Pentateuch in the Hebrew Bible and the sociologist Max Weber, to indicate the trajectory through history of democratic impulses from Ancient Near Eastern founding documents into the current era. Benson in Sydney, Australia, has on his part been drawing on his expertise in law as practised in Canada and taught in Europe, South Africa and Australia to indicate how, in inclusively liberal democracies, law cannot justifiably be used to exclude religion from the public domain, as has been the usual modern case. Drawing together these parallel contributions, Lombaard places these initiatives within the emerging post-secular climate, which augurs a different way of being religious or non-religious, publicly as much as privately, in democratic societies in our time. (shrink)

Carl Schmitt's critique of liberalism includes a specific attack on the philosophical coherence of the rule of law as a component of constitutional sovereignty, a view he identifies with the wider liberal tradition. Despite his associations with Nazism it has been taken up recently by post-modern critics of Liberalism. This article analyses Schmitt's claims and then compares them with what representative liberals actually say about the rule of law. The finding is that at least two major thinkers -- Locke and (...) Burke -- show none of the ignorance or naivete with which Schmitt charges the tradition. Concepts such as the exception are recognised and included in their political analyses -- but, unlike Schmitt, not in their prescriptions. (shrink)

This Handbook provides an intellectually rigorous and accessible overview of the relationship between natural law and human rights. It fills a crucial gap in the literature with leading scholarship on the importance of natural law as a philosophical foundation for human rights and its significance for contemporary debates. The themes covered include: the role of natural law thought in the history of human rights; human rights scepticism; the different notions of 'subjective right'; the various foundations for human rights within natural (...) law ethics; the relationship between natural law and human rights in religious traditions; the idea of human dignity; the relation between human rights, political community and law; human rights interpretation; and tensions between human rights law and natural law ethics. This Handbook is an ideal introduction to natural law perspectives on human rights, while also offering a concise summary of scholarly developments in the field. (shrink)

In 1985, Swiss legal philosopher Walter Ott visited Herbert Hart in Oxford and made this record of their meeting, which casts novel light on some of Hart’s ideas. Ott engaged Hart in a fresh encounter with the legal philosophy of Gustav Radbruch, particularly Hart’s and Radbruch’s reasons for a minimum content of justice in law. They also discussed the grudge informer, state responsibility under laws of an earlier régime, and questions of the definition and falsifiability of legal theories. Hart surprisingly (...) reported Hans Kelsen as stating, when they had met at Berkeley in 1961, that Hume (and not Kant, and certainly not Wittgenstein) was the greatest philosopher who had ever lived. The translation is accompanied with annotations explaining references, assumptions and contexts. (shrink)

In what follows I offer some reflections on an ethics of listening, or perhaps more generally a philosophy of listening, that can be discerned in different forms in the experimental music that, since the 1950s, has challenged and radicalised how music is understood. I situate these reflections around three of my own concert experiences as an audience member.

What kind of technology is the piano? It was once a distinctly everyday technology. In the bourgeois home of the nineteenth century it became an emblematic figure of gendered social life, its role shifting between visually pleasing piece of furniture, source of light entertainment, and expression of cultured upbringing. It performed this role unobtrusively, acting as a transparent mediator of social relations. To the composer of concert music it was, and sometimes still is, says Samuel Wilson, like the philosopher’s table: (...) “an assumed background on which one writes.” Like other instruments standard to Western art music, the piano was designed to facilitate the production of a consistent and refined timbre. More than most other such instruments, the piano also facilitated a kind of sonic neutrality. With its wide pitch range and smoothing of the percussive attack of its predecessor instruments, the piano presented composers with a technological means of approaching composition from a seemingly objective vantage point. It exemplified, in Heideggerian terms, the instrumentality of the instrument, serving as a mediator between idea and expression that apparently adds no character of its own. -/- This notion of the invisibility, or transparency, of the mediations that musical technologies such as the piano enact is one of my areas of concern here. So too is its inverse: when these mediations become visible or opaque. Transparency has been a topic of significant recent theoretical attention. Stefanos Geroulanos, for example, has detailed how the supposed transparency of intersubjective, epistemological, and social relations was a major point of critique in postwar French thought, where the supposition of transparency was taken to suppress how the world was “complex, layered, structured, filled with heterogeneity” – and, as I will stress here, contingency. The thinkers Geroulanos considers, from Jean-Paul Sartre through to Jean-François Lyotard, can be said to be united in their refusal to invisibilise mediatedness. From a starting point of conceiving of the piano as a technological artifact, and in particular from John Cage’s ‘prepared piano,’ I will explore how a similar concern has appeared in musical contexts, albeit not without the risk of reversion back into a logic of transparency. (shrink)

Adorno's remarks on the philosophy of history are scattered throughout his works. Perhaps the most important passages are to be found in Negative Dialectics and the 1964–1965 lectures on History and Freedom, as well as in texts such as Dialectic of Enlightenment and the essays on “The Idea of Natural‐History,” “Progress,” and “The Meaning of Working through the Past.” However, these works do not constitute anything like a complete theory. Nevertheless, many themes and references recur in Adorno's writings, allowing for (...) a selectively thematic reconstruction of the most central lines of argument. The present text brings together a few concepts and problems from Adorno's readings of Kant, Hegel, and Marx, mainly, in order to provide the reader with a general picture of what is at issue. (shrink)

Iain Atack identifies the contribution of nonviolence to political theory through connecting central characteristics of nonviolent action to fundamental debates about the role of power and violence in politics. This in turn provides a platform for going beyond historical and strategic accounts of nonviolence to a deeper understanding of its transformative potential. From Mahatma Gandhi and Martin Luther King to toppled communist regimes in Eastern Europe and pro-democracy movements in Serbia, Georgia and Ukraine, nonviolent action has played a significant (...) role in achieving social and political change in the last century. The Arab Spring revolutions, particularly those in Tunisia and Egypt, and the Occupy movement in the US and UK demonstrate that nonviolence continues to be a vital feature of many campaigns for democracy, human rights and social justice. (shrink)

Fischer suggests that the endless life of an immortal would be just as desirable as the very long but finite life of a long‐lived mortal. Fischer acknowledges that this is “one of the most difficult and challenging issues surrounding immortality.” This chapter answers the following: Why do we think, conversely, that being able to die makes a crucial difference? Why would an individual existence that could never come to an end necessarily be bad?. An immortal being could conceivably cycle through (...) an endless succession of such selves, each organized into a coherent and meaningful identity by the new life‐project born out of the collapse of the old one. The author argues, however, that the endless life of an immortal would necessarily fail to qualify as life worth living. So, were we ever to face that choice with which we began, we think living with death remains preferable to the alternative. (shrink)

Two important debates have characterized mainstream epistemology in recent years. The first is the debate between foundationalists and anti-foundationalists. The second is the debate over the details of a naturalized epistemology. Both debates have meant that traditional concepts of rationality and justification are now understood in a new light. Both debates have helped focus attention on the future direction of epistemology, its goals and its limitations.

In Kant and the Role of Pleasure in Moral Action, Iain Morrisson offers a new view on Kant’s theory of moral action.