This article discusses the concept of epistemic authority in the context of English law relating to expert testimony. It distinguishes between two conceptions of epistemic authority, one strong and one weak, and argues that only the weak conception is appropriate in a legal context, or in any other setting where reliance on experts can be publicly justified. It critically examines Linda Zagzebski's defence of a stronger conception of epistemic authority and questions whether epistemic authority is as closely analogous to practical (...) authority as she maintains. Zagzebski elucidates a kind of deference that courts generally, and rightly, try to avoid. Her concept of ‘first person reasons’, however, does capture an important aspect of the deliberations of conscientious legal actors. (shrink)

A test for the admissibility of expert evidence, partly derived from Daubert, has recently been introduced into English criminal law by the unusual mechanism of aPractice Direction.This article compares the Daubert trilogy and the English Practice Direction as responses to the problem of epistemic deference by juries to experts. Juries areoften justified in deferring to experts as to the relevance of the underlying evidence examined by the expert, including what inferences can be drawn from it. There is a concern, however, (...) that juries may also defer to experts’ claims about the weight of their own evidence: how strongly or confidently those inferences can be stated. Overly deferential jurors may place excessive weight on forensic science evidence that rests on shaky foundations. The new English admissibility regime (drawing on recommendations by the Law Commission) appears better tailored than Daubert to address this issue about the strength of inferences presented by expert witnesses. As a result, however, it places considerable demands in judges, advocates and expert witnesses, and how successful it will be in practice remains to be seen. (shrink)

This article provides a critical introduction to an issue fo Ratio Juris concerend with two contrasting schools of legal idealism: the so-called Sheffield School (Beyleveld, Brownsword and colleagues) and the “discourse ethics” school of Habermas and Alexy. The article focusses on four issues: (1) whether a "claim to correctness" is a necessary feature of law, (2) the connection between correctness and validity, (3) Alexy's argument for a "qualifying connection" between law and morality, and its counterpart in the Sheffield School's approach, (...) and (4) Alexy's case for the "Radbruch formula": that "extreme injustice is not law”. While rejecting both versions of the case for legal idealism, I argue that both schools offer vaulable, and broadly similar, insights into what makes a legal system morally legitimate. (shrink)

Workers with involuntary clients influence the behaviour of their clients. One of the methods by which workers influence their clients relates to the way they model, encourage or reinforce their comments and behaviours. Practitioners may be aware or unaware of this process and of the extent to which it can impact on clients. This paper describes the process of modelling and reinforcement and discusses some of the ethical issues it raises. It suggests some guidelines by which the process may be (...) undertaken in an ethical manner and recommends the use of the ethics of care and concept of human dignity as additional theoretical resources to assist in working with this client group. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:An Invitation to Play:A Response to Patrick Schmidt's "What We Hear is Meaning Too:Deconstruction, Dialogue, and Music"Patrice Madura Ward-SteinmanThe aims of dialogue-as-deconstruction, as described by Patrick Schmidt, are concepts I have pondered as a result of a five-week sabbatical visit to Melbourne, Australia. My research focus there was improvisation, and early in my visit I attended two concerts at the premier jazz club, Bennett's Lane. There I heard (...) twelve improvisers in a variety of ensembles, all in celebration of the seventieth birthday of their mentor, Tony Gould, who also performed. Gould is cited by John Whiteoak and Aline Scott-Maxwell as an "outstanding player who has never ceased to develop as an improviser" and who "as a pianist, records prolifically across a wide musical spectrum."1While the music was jazz, it was freer and fresher than usual. There was striking interaction among the musicians, including facial expressions that reflected genuine ecstasy, and body movement that was naturally "in sync" with the music. I began to ask many questions, including: Is Australia's jazz different from that [End Page 82] in the U.S.? Is Tony Gould's influence as a teacher the reason for the difference? What accounts for the sensation of "freshness" in this music? And why is this musical experience so gripping, both aurally and visually? Serendipitously, I discovered answers through the opportunity to respond to Schmidt's aims of dialogue-of-deconstruction. I shall illustrate how those aims, namely decentralized power and conflict, multiplicity and meaning, and mis-listening may be met in the improvising music ensemble.Decentralized Power and ConflictThe lifeblood of "free jazz" and "free improvisation" ensembles is de-centralized musical interaction, which may be considered a metaphor for dialogue-as-deconstruction. Case in point: the Tony Gould Quartet was an improvising unit with each musician contributing to the musical whole. The air was electric with each musician poised in both the anticipation of what the other might play and in the moment of creation.A recent trend in studies of organizational behavior is on "self-directed" or "self-managed" groups, as identified by Keith R. Sawyer.2 David Borgo3 explains that the characteristics of these "self-organizing systems" or "SOSs" are threefold: they operate without centralized control, they "exhibit both complex and adaptive dynamics," and they are comprised of autonomous individuals who demonstrate a high degree of connectivity. Both authors assert that an ideal SOS is the free improvising ensemble, where musical ideas are allowed to emerge and adapt, and even musical "mistakes" may be manipulated into the context, thus creating new directions in dialogue.However, SOSs have some inherent problems. For example, they are "slow to emerge.... The more complex they are, the longer it may take them to warm up: hierarchical layers have to settle down... and individual(s) have to acquaint themselves with one another."4 Borgo explained that even advanced improvisers often need to pursue a musical idea for a long while for it to achieve coherence. Philip Alperson adds: "As the number of designing intelligences increases, the greater is the difficulty in coordinating all the parts; the twin dangers of cacophony and opacity lurk around the corner."5It seems that "interactional synchrony"6 can develop among musicians who have "good chemistry" after a warm-up period, but those with conflicting personalities, aesthetic dispositions, or musical styles may have a more difficult time of it. When members of the Tony Gould Quartet were asked how they are able to achieve musical unity, they explained that they have played together for many years, they "hang out and drink together" when not on the bandstand, and they trust each other. Even when one of the members feels "out of sorts," their improvisations are respected as authentic expressions. Others' differences are honored, [End Page 83] rather than felt in opposition to one's self.7 Ingrid Monson8 quotes several musicians who use the metaphor of marriage to describe the musical relationship during a peak performance; on the other hand, jealousy, competition, and even hostility on the bandstand are not uncommon and can destroy an ensemble. So, it appears... (shrink)

Research on nursing ideology and the ethics of child and adolescent psychiatric nursing care is limited. The aim of this study was to describe and explore the ideological approaches guiding psychiatric nursing in child and adolescent psychiatric inpatient wards in Finland, and discuss the ethical, theoretical and practical concerns related to nursing ideologies. Data were collected by means of a national questionnaire survey, which included one open-ended question seeking managers' opinions on the nursing ideology used in their area of practice. (...) Questionnaires were sent to all child and adolescent psychiatric inpatient wards (n = 69) in Finland; 61 ward mangers responded. Data were analysed by qualitative and quantitative content analysis. Six categories - family centred care, individual care, milieu centred care, integrated care, educational care and psychodynamic care - were formed to specify ideological approaches used in inpatient nursing. The majority of the wards were guided by two or more approaches. Nursing models, theories and codes of ethics were almost totally ignored in the ward managers' ideological descriptions. (shrink)

Audre Lorde’s account of the erotic is one of her most widely celebrated contributions to political theory and feminist activism, but her explanation of the term in her brief essay “Uses of the Erotic” is famously oblique and ambiguous. This article develops a detailed, textually grounded interpretation of Lorde’s erotic, based on an analysis of how Lorde’s essay brings together commitments expressed across her work. I describe four integral elements of Lorde’s erotic: feeling, knowledge, power, and concerted action. The erotic (...) is a way of feeling in the work a person does, which makes possible new knowledge about the self and the social environment— particularly to counteract epistemic oppression imposed by an unjust society. The erotic is a source of power by providing vision and energy for actions integrating a person’s multiple commitments and political interests. It facilitates concerted action and coalition by enhancing a person’s appreciation of their interests and values, while fostering embodied, personal connections that build trust on the basis of shared vulnerability. Thus, the erotic helps build coalitions where genuine differences of perspective and experience can be examined, in resistance against an oppressive society’s epistemic distortions. (shrink)

Discussions of sexual ethics often focus on the wrong of treating another as a mere object instead of as a person worthy of respect. On this view, the task of sexual ethics becomes putting the other’s subjectivity above their status as erotic object so as to avoid the harms of objectification. Ward and Anderson argue that such a view disregards the crucial, moral role that erotic objecthood plays in sexual encounters. Important moral features of intimacy are disclosed through the (...) experience of being an erotic object for another, as well as in perceiving another as an erotic object. Drawing on phenomenology, especially the insights of Simone de Beauvoir, Ward and Anderson argue that erotic encounters are shaped by the human condition of ambiguity, where being an object for others is intertwined with bodily agency. Because sexual agency is complex in this way, theories of sexual ethics and responsibility must widen their focus beyond transparent communication and authoritative expressions of will. (shrink)

Throughout her work, Audre Lorde maintains that her self-preservation in the face of oppression depends on acting from the recognition and valorization of her feelings as a deep source of knowledge. This claim, taken as a portrayal of agency, poses challenges to standard positions in ethics, epistemology, and moral psychology. This article examines the oppositional agency articulated by Lorde’s thought, locating feeling, poetry, and the power she calls “the erotic” within her avowed project of self-preservation. It then explores the implications (...) of taking seriously Lorde’s account, particularly for theorists examining ethics and epistemology under nonideal social conditions. For situations of sexual intimacy, for example, Lorde’s account unsettles prevailing assumptions about the role of consent in responsibility between sexual partners. I argue that obligations to solicit consent and respect refusal are not sufficient to acknowledge the value of agency in intimate encounters when agency is oppositional in the way Lorde describes. (shrink)

Despite the growing attention to oppression and resistance in social and political philosophy as well as ethics, philosophers continue to struggle to describe and appropriately attribute agency under non-ideal circumstances of oppression and structural injustice. This chapter identifies some features of new accounts of non-ideal agency and then examines a particular problem for such theories, what Serene Khader has called the agency dilemma. Under the agency dilemma, attempts to articulate the agency of subjects living under oppression must on the one (...) hand avoid overemphasizing constraints on agency, and thereby producing paternalistic theories that “deny agency” for oppressed subjects, and on the other hand avoid failing to fully appreciate the effects of oppression on agency, thereby missing crucial features of how oppression unjustly shapes a person’s lived possibilities. This chapter traces this dilemma to a preoccupation with ascribing agency, which produces problematic descriptive and political effects for theorizing agency under oppression: what the author calls an asymmetry problem and a disenfranchisement problem. Finally, the chapter proposes that the agency dilemma might be ameliorated if theorists scrutinize more closely how moral, epistemic, and political agency interact and overlap in life under oppression. (shrink)

Aristotle's definition of time as 'a number of motion with respect to the before and after' has been branded as patently circular by commentators ranging from Simplicius to W. D. Ross. In this book Tony Roark presents an interpretation of the definition that renders it not only non-circular, but also worthy of serious philosophical scrutiny. He shows how Aristotle developed an account of the nature of time that is inspired by Plato while also thoroughly bound up with Aristotle's sophisticated (...) analyses of motion and perception. When Aristotle's view is properly understood, Roark argues, it is immune to devastating objections against the possibility of temporal passage articulated by McTaggart and other 20th century philosophers. Roark's novel and fascinating interpretation of Aristotle's temporal theory will appeal to those interested in Aristotle, ancient philosophy and the philosophy of time. (shrink)

The Philosophy of Representation -- The Transition -- The Sign-Systems of 1908 -- Rhetorical Concerns -- Interpretation, Worldviews and the Object.

Philosophy, as I use it here, is a conversation, one stretching back through various canonical European and Ancient Greek texts at least to Thales. Has this conversation progressed? The main objection to philosophy's having a linear progression is dissensus – the fact that philosophers all disagree but still accept each other as peers. In this chapter, I argue that we should conceive of philosophy as being capable of a branching kind of progression: philosophy progresses when it gives us more ways (...) of conceiving of ourselves. (shrink)

To address the underrepresentation of women in philosophy effectively, we must understand the causes of the early loss of women. In this paper we challenge one of the few explanations that has focused on why women might leave philosophy at early stages. Wesley Buckwalter and Stephen Stich offer some evidence that women have different intuitions than men about philosophical thought experiments. We present some concerns about their evidence and we discuss our own study, in which we attempted to replicate their (...) results for 23 different responses to 14 scenarios . We also conducted a literature search to see if other philosophers or psychologists have tested for gender differences in philosophical intuitions. Based on our findings, we argue that that it is unlikely that gender differences in intuitions play a significant role in driving women from philosophy. (shrink)

This book contains Volumes 1 and 2 of the original works.

The aesthetic exception theorises anew the relation between art and politics. It challenges critical trends that discount the role of aesthetic autonomy, to impulsively reassert art as an effective form of social engagement. But it equally challenges those on the flipside of the efficacy debate, who insist that art's politics is limited to a recondite space of 'autonomous resistance'. The book shows how each side of the efficacy debate overlooks art's exceptional status and its social mediations. Mobilising philosophy and cultural (...) theory, and employing examples from visual art, performance, and theatre, it proposes four alternative tests to 'effect' to offer a nuanced account of art's political character. Those tests examine how art relates to politics as a practice that articulates its historical conjuncture, and how it prefigures the 'new' through simulations capable of activating the political life of the spectator. (shrink)

In 1925, David Katz published an influential monograph on touch, Der Aufbau der Tastwelt, which was translated into English in 1989. Although it is called “the world of touch,” it also discusses the thermal and the nociceptive senses, albeit briefly. In this chapter, we will follow this approach, but we will speak about “somatosensory senses” in general in order to remind ourselves that perceptions of temperatures and pains should also be considered together in this context.

Pastor and trusted Bible teacher Dr. Tony Evans answers fundamental questions about the Christian faith to help children understand who God is and why they can trust Him with their lives. Help children build a firm foundation of faith.

Re-reading Derrida: Perspectives on Mourning and its Hospitalities, edited by Tony Thwaites and Judith Seaboyer, is a uniquely collaborative exploration of the legacies of Jacques Derrida. Scholars from a wide variety of fields respond to his work by addressing such issues as the politics of the memorial, poetry, trauma, film, neoliberalism, the novel, and psychoanalysis--and then, in the processes of revision, they respond to each other.

Nietzsche distinguished between two forces in art: Apollonian, which represents order and reason, and Dionysian, which represents chaos and energy. Economists, Ward argues, have operated for too long under the assumption that their work reflects the scientific, Apollonian principals that inform physics when they simply do not apply to economics: 'constants' in economics stand in for variables, and the core scientific principles of prediction and replication are all but ignored by economists. Ward encourages economists to reintegrate the standard (...) rigor of the scientific method into their work while embracing the fact of the shape-shifting changeability of human beings. Economists can still aspire to scientific standards, as is demonstrated by the success of biology, in which there is considerable Dionysian variability. Economists must avoid the temptation to wish away dynamic complexity and diversity and must recognize, among other things, that the desire to take risks is fundamentally human. The second half of the book takes some first steps toward creating this new Dionysian Economics. (shrink)

Provides guiding principles and values for practising responsible global media ethics.

A lesson from cognitive behavior therapy (CBT) is that it is possible for people to change their beliefs and attitudes in ways that enhance mood. This chapter discusses mainly how the ideas from positive psychology combined with the therapeutic methods developed in CBT might provide ways of helping individuals to enhance their mood and increase happiness. The best single perspective from which to gain an understanding of positive psychology is that of evolutionary psychology, even though it is underdeveloped and contentious. (...) Evolutionary psychology bridges the gap between individual history and the general features of the human condition that helps to explain both our capacity for happiness and some of the barriers to achieving it. The modern general evolutionary view of emotions is that they help animals in regulating their effort: how they behave at any one time and how they apportion their time and energy between different types of behavior. (shrink)

Gratitude, the proper or fitting response to benevolence, has often been conceptualized as a virtue—a temporally stable disposition to perceive, think, feel, and act in certain characteristic ways in certain situations. Many accounts of gratitude as a virtue, however, have not analyzed this disposition accurately, and as a result, they have not revealed the rich variety of ways in which someone can fail to be a grateful person. In this paper, I articulate an account of the virtue of gratitude, and (...) I use this account to explore various vices that can manifest in its absence. (shrink)

In canonical quantum gravity the wave function of the universe is static, leading to the so-called problem of time. We summarize here how Bohmian mechanics solves this problem.

Judgment -- Externals -- Perspective -- Death -- Desire -- Wealth and pleasure -- What others think -- Valuation -- Emotion -- Adversity -- Virtue -- Learning -- Stoicism and its critics.