There is a thesis that legal rules need to be made public because people cannot guide their conduct by rules they cannot know. This thesis has been a mainstay of anti-positivism and the controversy over it continues apace. However, positivism can accommodate the secret laws thesis. The deeper import of the debate over secret laws concerns our understanding of law's nature. In this regard secrecy merits attention as a candidate necessary connection between law and immorality. In addition the mediating role (...) of lawyers as experts in ascertaining the law should be highlighted. It has been widely overlooked despite the fact that lawyers are criterial in Hart's concept of law. (shrink)

Oppression is commonly deemed a problem of freedom. How though should we conceptualise the freedom-restricting nature of oppression? This paper aims to show that the unfreedom in oppression may be understood in terms of individual negative liberty. The controversial concept of collective unfreedom is not needed. Non-cooperation among the oppressed generates constraints on individual freedom. This non-cooperation is ultimately attributable to the exercise of social power by oppressors. It is in this sense that the resultant states of individual unfreedom are (...) due relations of oppression. (shrink)

This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century. -/- The book brings together contributions from seventeen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that were tackled (...) by Hart, some essays including extended critical discussions of his major works: The Concept of Law, Punishment and Responsibility, Causation in the Law and Law, Liberty and Morality. All the main topics of Hart's philosophical writings are featured: general jurisprudence and legal positivism; criminal responsibility and punishment; theories of rights; toleration and liberty; theories of justice; and causation in the law. (shrink)

Crisis events, such as the COVID-19 pandemic, can have a devastating effect on communities and the care professionals within them. Over recent years, arts-based interventions have helped in a wide range of crisis situations, being recommended to support the workforce during and after complex crisis but there has been no systematic review of the role of arts-based crisis interventions and whether there are cogent themes regarding practice elements and outcomes. We, therefore, conducted a systematic review to (i) define the arts-based (...) change process used during and after crisis events, and (ii) explore the perceptions of intermediate and long-term mental health benefits of arts-based interventions for professionals in caring roles. Our search yielded six studies (all qualitative). All data were thematically aggregated and meta-synthesized, revealing seven practice elements (a safe place, focusing on strengths and protective factors, developing psychosocial competencies to support peers, emotional expression and processing, identifying and naming the impact of the crisis, using an integrative creative approach, and cultural and organizational sensitivity) applied across all six studies, as well as a range of intermediate and long-term benefits shared common features (adapting, growing, and recovering; using the community as a healing resource; reducing or preventing symptoms of stress or trauma reactions, psychophysiological homeostasis). The ways in which these studies were designed independently from one another and yet used the same practice elements in their crisis interventions indicates that there is comparability about how and why the arts-based practice elements are being used and to what effect. Our findings provide a sound basis and meaningful parameters for future research incorporating quantitative and qualitative approaches to firmly establish the effectiveness of art-based interventions, and how arts can support cultural sensitivity, acceptability and indicated outcomes, particularly those relating to stress and trauma during or following a crisis. (shrink)

fusion theory challenges efforts to see theory as inhibiting by presenting an approach that is innovative, eclectic, and subtle in order to draw out competing and constellating ideas and opinions. This collected volume of essays examines fusion theory and demonstrates how the theory can be applied to the reading of various works of Indian English novelists.

Visual artists and scientists frequently employ the labour of assistants and technicians, however these workers generally receive little recognition for their contribution to the production of artistic and scientific work. They are effectively “invisible”. This invisible status however, comes at the cost of a better understanding of artistic and scientific work, and improvements in artistic and scientific practice. To enhance understanding of artistic and scientific work, and these practices more broadly, it is vital to discern the nature of an assistant (...) or technician’s contribution to the production of a work, which is difficult as it is uncommon to discuss these workers. To address this, I investigate how different kinds of parallel working arrangements in collective artistic and scientific practices affect the creative potential of individuals involved. Different working arrangements permit different degrees of autonomy for individuals involved in these practices. Significantly, a lack of autonomy precludes the opportunity to act spontaneously and so exercise, what I term, “creative agency”. Evaluating the contribution of an assistant or technician based on the degree of autonomy that they are granted in the production of a work is an approach that I show can be used to precisely determine the nature of their contribution to the production of a work and accordingly, what kind of recognition an agent should receive for this. Importantly, this approach has the advantage of explaining the artistic and epistemic significance of different kinds of contribution to the production of artistic and scientific work. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:How I Hate You, CancerClaire YarMigraine. That’s what we thought. They run in my family, so why not? My beautiful, bright, extroverted ten–year–old daughter’s neurological exam was unremarkable, but she had a bad headache and was vomiting in the early morning hours. Migraine didn’t seem that much of a stretch. Our savvy pediatrician had a gut feeling that it was more than a migraine and sent her for an (...) MRI.We had not even left the children’s hospital before I received a voicemail to call our pediatrician. When I returned the call, on our way to pick up Ellie’s younger brother from school and already running late I heard the words that no parent wants to hear, “I have bad news. We found a brain tumor and it’s rather large”. This conversation would turn our lives into a frenzy of fear and leave unanswered (unanswerable?) questions. I was told to bring her to the ER where we would be met by a neurosurgeon and oncologist. I could not process this information. My initial fears were too scary to utter. Was she going to die? Do children survive brain surgery “intact”? Is it operable? Oncologist = scary cancer, doesn’t it? Did we do something to cause it? What if our insurance doesn’t cover the best treatment?Clinging to the life I knew before—needing to stay in the “before,” not even pulling the car over, I reached backwards, held Ellie’s leg and spoke the words out loud for the first time. That’s what a brain tumor diagnosis does to your family. It breaks up time into “before” and “after”. Her reaction was a terrified wail and then, oddly, hysterical laughter. Is that what shock looks like? My own reaction to the call was of stunned silence. The sound of my heartbeat and the blood rushing in my ears meant I could not ask the questions I had in that moment.Ellie has always been exceptional. She is a bright light in any room. At only ten–years–old, she spoke like a teenager; had the vocabulary of an adult. Never again would I be able to take this for granted. In every waking moment that our lives were unoccupied with the practicalities of a brain tumor diagnosis, the questions I couldn’t think of or say out loud during that terrible phone call continually flooded my thoughts. Your child’s brain is everything after all; it’s what makes them “them.”An avid horse rider, she had been off her favorite horse’s back for a few weeks saying that the bouncing hurt her neck. I had kept her off school for several days, but we had seen marked improvement in [End Page E12] the day or two leading up to that devastating D–Day of diagnosis, and she had been back at school doing well. Only a week before, Ellie had been dancing at a party with friends. How could she have a brain tumor?We rushed home and hurriedly packed our bags for “at least a week”—and I recall that life seemed to be both in slow motion and traveling at the speed of light. I desperately wanted to turn the clock back to the innocence we had known a few hours before. This was way too much news to hear in one day. Even when I heard the diagnosis, I was surprised that we would have to go to the hospital that day. Now! Don’t people get time to process or plan and get second opinions? We had no time to tell family and friends or ask for help. We didn’t have the luxury of time. Time is another thing I no longer take for granted.Upon arrival at the large children’s hospital we felt as if we were given so much information, but looking back, I now know that these angels are trained in giving parents only what they can handle—in tiny pieces, nibble by nibble. You don’t (can’t) hear half of it anyway. Our families live far from us, and trying to gather and figure out... (shrink)

BackgroundIn 2019, the Constitutional Court of South Korea ruled that the anti-abortion provisions in the Criminal Act, which criminalize abortion, do not conform to the Constitution. This decision will lead to a total reversal of doctors’ legal duty from the obligation to refuse abortion services to their requirement to provide them, given the Medical Service Act that states that a doctor may not refuse a request for treatment or assistance in childbirth. I argue, confined to abortion services in Korea that (...) will take place in the near future, that doctors should be granted the legal right to exercise conscientious objection to abortion.Main textConsidering that doctors in Korea have been ethically and legally obligated to refrain from abortions for many years, imposing a universal legal duty to provide abortions that does not allow exception may endanger the moral integrity of individual doctors who chose a career when abortion was illegal. The universal imposition of such a duty may result in repudiation of doctors as moral agents and damage trust in doctors that forms the basis of medical professionalism. Even if conscientious objection to abortion is granted as a legal right, most patients would experience no impediment to receiving abortion services because the healthcare environment of Korea provides options in which patients can choose their doctors based on prior information, there are many doctors who would be willing to provide an abortion, and Korea is a relatively small country. Finally, the responsibility to effectively balance and guarantee the respective rights of the two agents involved in abortion, the doctor and the patient, should be imposed on the government rather than individual doctors. This assertion is based on the government’s past behaviours, the nature of its relationship with doctors, and the capacity it has to satisfy both doctors’ right to conscientious objection and patients’ right to legal medical services.ConclusionWith regard to abortion services that will be sought in the near future, doctors should be granted the legal right to exercise conscientious objection based on the importance of doctor’s moral integrity, lack of impediment to patients, and government responsibility. (shrink)

Background: Discussion of the influence of money on bioethics research seems particularly salient in the context of research on the ethical, legal, and social implications (ELSI) of human genomics, as this research may be financially supported by the ELSI Research Program. Empirical evidence regarding the funding of ELSI research and where such research is disseminated, in relation to the specific topics of the research and methods used, can help to further discussions regarding the appropriate influence of specific institutions and institutional (...) contexts on ELSI and other bioethics research agendas. Methods: We reviewed 642 ELSI publications (appearing between 2003 and 2008) for reported sources of funding, forum for dissemination, empirical and nonempirical methods, and topics of investigation. Results: Most ELSI research is independent of direct grant-based funding sources; 66% reported no such sources of funding. The National Human Genome Research Institute (NHGRI) is the most dominant source of funding; 16% of publications acknowledged at least one source of NHGRI grant funding. Funding is acknowledged more frequently in empirical than nonempirical publications and more frequently in publications in public health journals than in any other ELSI research dissemination forums. Dominant research topics vary by publication forum and by reported funding. Conclusions: ELSI research is surprisingly independent of direct grant-based funding, yet correlations are apparent between this type of funding and publication placement, topics addressed, and methods used, implying a not insignificant influence on ELSI research agenda setting. However, given the relatively low percentage of publications acknowledging external grant-based funding, as well as other significant correlations between publication placement and topics addressed, additional institutional contexts, perhaps related to professional advancement or valuation, may shape research agendas in ways that potentially exceed the direct influences of grant-based funding in this area. In some cases, grant-based funding may actually counter other potentially problematic institutional influences. (shrink)

This article analyses the debate about the Islamic headscarf in France and Turkey, with particular reference to the law passed in France in 2004. It aims to bring out the spatial dimension of the secular: first, by underlining how the issue of the veil collapses spatial scales, from the individual body to global geopolitical tensions; second, by looking at the specific place granted to schools as the primary focus of the political rows; and third, by teasing out some of the (...) implicit assumptions about the `location', in both France and Turkey, of the threat to secularism. It concludes that in France, at least, the debate had less to do with religion as such than with the place, both physical and metaphorical, granted to the Other in French society. (shrink)

Despite enthusiastic claims around the benefits of corporate volunteering for the workplace and its widespread implementation, the impact of such programs for beneficiaries and non-profit organizations remains uncertain, particularly when employees’ participation is one-off. Previous research suggests that the benefits of CV for employees, businesses, and society are more likely to occur if employees internalize a volunteer identity—that is, if being a volunteer becomes a part of their self. This leads them to sustain their participation in CV over time, maximizing (...) CV’s positive effects on all stakeholders. This study explores the factors explaining why employees internalize a volunteer identity in a corporate context. We do so by empirically testing Grant’s :589-615, 2012) volunteer work design theoretical model with a sample of 619 employees involved in CV programs, and by comparing its relevance with an alternative, extended model relying on insights from self-determination theory. Whereas we find only partial and weak empirical support for the VWD model, our SDT-extended model is supported empirically. These results show that the quality of motivation that employees experience while volunteering plays a more important role than repeated participation, as it illuminates the process of how factors such as the quality of the projects, organizational support for CV, as well as the causes targeted affect the internalization of a volunteer identity. In particular, we show that employees are more likely to internalize a volunteer identity if they can choose what cause to engage for and if they feel that the projects they participate in are meaningful. Surprisingly, we also show that a prestigious cause as well as recognition and managerial support foster a controlled form of motivation for employees, which are then unlikely to internalize a volunteer identity. In doing so, we contribute to a better understanding of how CV can have lasting benefits for both business and society, and provide business leaders with actionable insights about how to design impactful CV programs. (shrink)

Incoherence is usually regarded as a bad thing. Incoherence suggests irrationality, confusion, paradox. Incoherentism disagrees: incoherence is not always a bad thing, sometimes we ought to be incoherent. If correct, Incoherentism has important and controversial implications. It implies that rationality does not always require coherence. Dilemmism and Incoherentism both embrace conflict in epistemology. After identifying some important differences between these two ways of embracing conflict, I offer some reasons to prefer Incoherentism over Dilemmism. Namely, that Incoherentism allows us to deliberate (...) about what we ought to believe using ordinary epistemology, and it does a better job of accommodating the positive features of incoherence. (shrink)

In recent decades, a new scientific approach to understand, explain, and predict many features of religion has emerged. The cognitive science of religion has amassed research on the forces that shape the tendency for humans to be religious and on what forms belief takes. It suggests that religion, like language or music, naturally emerges in humans with tractable similarities. This new approach has profound implications for how we understand religion, including why it appears so easily, and why people are willing (...) to fight-and die for it. Yet it is not without its critics, and some fear that scholars are explaining the ineffable mystery of religion away, or by showing that religion is natural proves or disproves the existence of God. An Introduction to the Cognitive Science of Religion offers students and general readers an accessible introduction to the approach, providing an overview of key findings and the debates that shape it. The volume includes a glossary of key terms, and each chapter includes suggestions for further thought and further reading as well as chapter summaries highlighting key points. This book is an indispensable resource for introductory courses on religion and a much-needed option for advanced courses. (shrink)

This essay explores the problem of trust and truth in states of emergency. Drawing on Giorgio Agamben’s theory of biopolitics and his objections to political managerialism I argue that the real problem exposed by the pandemic was not a lack of trust in authority but an unscientific and uncritical attachment to expertise.

The compelling, widely-accepted Satisfaction-is-Truth Principle says that if S wants p, then S has a desire that's satisfied in exactly the worlds where p is true. We reject the Principle; an agent may want p without having a desire that's satisfied when p obtains in any old way. Fara (2013) and Lycan (2012, ms) also reject the Principle, but they rely on contested intuitions about when agents get what they want. We instead appeal to—and shed new light on—the dispositional role (...) of desire. (shrink)

Au viie s., l’extension des territoires d’Argos et de Sparte dans le Péloponnèse était telle que le mont Parnon est devenu la zone de contact entre les deux cités : après l’annexion de la Thyréatide par Sparte, au vie s., l’époque classique continue à être ponctuée de conflits entre les deux cités, Argos cherchant à en reprendre le contrôle. Les auteurs anciens sont de peu de secours pour démêler l’écheveau de l’histoire politique de cette région, sise aux confins des territoires (...) argien, arcadien et spartiate, aux ve et ive s. : ils la mentionnent rarement, celle‑ci étant demeurée hors des grands conflits. Aussi, les sources archéologiques prennent‑elles toute leur importance. Cette contribution s’efforce de prolonger les enquêtes topographiques conduites par nos aînés en recourant à l’étude des fortifications, source de choix pour appréhender l’histoire régionale. Ainsi, l’étude des ouvrages fortifiés de Thyréatide (enceintes urbaines, tours isolées) permet d’éclairer l’histoire de cette région si convoitée ainsi que certains points de l’histoire du Péloponnèse à l’époque classique. De la période archaïque à l’époque hellénistique, la Thyréatide a été à la fois un ensemble cohérent et une partie des confins (eschatiai) d’un ensemble politique plus vaste, une région frontalière, aux marges du territoire lacédémonien ou argien, qui a conduit à l’implantation d’un réseau de villes fortifiés et de tours de guet. Après avoir fait l’inventaire de ces fortifications, leur analyse architecturale comme celle de leur implantation topographique nous ont souvent permis, d’abord d’y distinguer plusieurs phases de construction, ensuite de replacer ces ouvrages dans le réseau fortifié auquel ils appartiennent. Enfin, on a pu proposer parfois qui, de Sparte ou d’Argos, était le commanditaire de ces ouvrages fortifiés et vers quels ennemis ceux‑ci étaient tournés. Nous avons ainsi pu montrer que plusieurs de ceux qui étaient attribués à Sparte sont en fait à considérer plutôt comme argiens. (shrink)

The Expanse does not provide an easy answer to the vexing question on making a decision when competing, but considering conflicts of values on the show can help us reason about tough choices in real life. Sometimes, scientific progress conflicts with the prudential value of self‐preservation. This chapter explains three ways of understanding value conflicts: as situations in which every option is forbidden, situations in which every option is permissible, or situations in which some options are obligatory and some options (...) are forbidden. The idea that all these different kinds of value can be traded with a common currency is tempting. But contra Keats, beauty is not truth; and it certainly is not goodness, as Tolstoy says. Epistemic, moral, prudential, and aesthetic values are very different. (shrink)

Is logic normative for belief? A standard approach to answering this question has been to investigate bridge principles relating claims of logical consequence to norms for belief. Although the question is naturally an epistemic one, bridge principles have typically been investigated in isolation from epistemic debates over the correct norms for belief. In this paper we tackle the question of whether logic is normative for belief by proposing a Kripkean model theory accounting for the interaction between logical, doxastic, epistemic and (...) deontic notions and using this model theory to show which bridge principles are implied by epistemic norms that we have independent reason to accept, for example, the knowledge norm and the truth norm. We propose a preliminary theory of the interaction between logical, doxastic, epistemic and deontic notions that has among its commitments bridge principles expressing how logic is normative for belief. We also show how our framework suggests that logic is exceptionally normative. (shrink)

Is logic normative for belief? A standard approach to answering this question has been to investigate bridge principles relating claims of logical consequence to norms for belief. Although the question is naturally an epistemic one, bridge principles have typically been investigated in isolation from epistemic debates over the correct norms for belief. In this paper we tackle the question of whether logic is normative for belief by proposing a Kripkean model theory accounting for the interaction between logical, doxastic, epistemic and (...) deontic notions and using this model theory to show which bridge principles are implied by epistemic norms that we have independent reason to accept, for example, theknowledge normand thetruth norm. We propose a preliminary theory of the interaction between logical, doxastic, epistemic and deontic notions that has among its commitments bridge principles expressing how logic is normative for belief. We also show how our framework suggests that logic is exceptionally normative. (shrink)

To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality (...) lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law. (shrink)

The concept of measuring inconsistency in information was developed by John Grant in a 1978 paper in the context of first-order logic. For more than 20 years very little was done in this area until in the early 2000s a number of AI researchers started to formulate new inconsistency measures primarily in the context of propositional logic knowledge bases. The aim of this volume is to survey what has been done so far, to expand inconsistency measurement to other formalisms, (...) to connect it with related topics, and to provide ideas for further research in a topic that is particularly relevant now in view of the many inconsistencies in the massive amount of information available. The book contains 11 chapters. The first chapter, by John Grant, gives his original motivation for starting this field, explains why it was formulated in a highly mathematical manner, presents important material that was omitted from the original paper, and provides ideas about the use of dimensions in measuring inconsistency. The second chapter, by Matthias Thimm, is a survey that covers most of the research on inconsistency measures up to 2017. The other 9 chapters, all by experts either in inconsistency measures, or in the topic under consideration, or both, connect inconsistency measures with argumentation, disjunctive logic programming, fuzzy logic systems, modal logics, multiset representation, paraconsistent consequence, probabilistic logic, relational databases, and spatio-temporal databases."-- back cover. (shrink)

Body and image are crucial to the elaboration of both Jean-Luc Nancy’s philosophy andClaire Denis’s work in cinema. Nancy’s short book about the body, Corpus ,though it may initially have appeared as a minor work in his œuvre, has since been shown,and notably since the intervention of Jacques Derrida, as the cornerstone of much ofNancy’s late thought. As Derrida demonstrates, Nancy’s interest in the body turnsaround the crucial trope of touch which comes to stand, in his philosophy, as the marker (...) ofthe most fundamental limits that shape our understanding of and interaction with theworld: between inside and outside, subject and object, matter and meaning. As such, theconcept of touch frequently recurs in the discussion of art works, where the inscription of amaterial trace coincides with, or touches upon an evanescent sense. Nancy’s discussions ofartistic meaning have frequently centred around images – both painterly and filmic – asthe phenomena whereby the real, in manifesting its presence, is granted a certain sense.1Claire Denis, in common with the vast majority of live-action filmmakers, necessarily dealsin images and bodies – images of bodies – but her frequent refusal to provide thetraditional cinematic signifiers of psychological depth often means that the spectator isbrought up short before the strangeness of these bodies as bodies, which in turn opens upan interrogation as to the sense of her images. The mutual fascination that exists betweenNancy and Denis is well established, demonstrated by Nancy’s detailed, published engagements with Denis’s films – Beau travail , Trouble Every Day , L’Intrus – as well as by Denis’s short film portrait of the philosopher – Vers Nancy –and her cryptic appropriation of his text L’Intrus . But their engagement witheach other’s work appears in the image of Nancy’s somewhat abstract conception of touch:an approaching and withdrawing, a momentary proximity to the other that serves as muchto consolidate the stable identity of the one as it does to share in the identity of the other.Mirroring this intermittent relationship, this article will seek not to over-state theinterpenetration of the two œuvres, but merely to sketch some points of contact betweenthem, turning notably around the fascinating, but perhaps ultimately untouchable figureof the wound. (shrink)

Nietzsche’s interest in tragedy continues throughout his work. And yet scholarship on Nietzsche’s account of tragedy has focused almost exclusively on his first book, The Birth of Tragedy – a work which is in many ways discontinuous with his more mature philosophical views. In this paper, I aim to illuminate Nietzsche’s post-Birth of Tragedy views on tragedy by setting them in the context of a particular historical conversation. Ever since Plato banished the tragic poets from the kallipolis, various philosophers have (...) attempted to respond to his challenge to offer a ‘defense of poetry’. What Nietzsche offers, I argue, is a distinctive form of response to Plato’s challenge. I show how Nietzsche takes seriously Plato’s worries, and even ends up in partial agreement with him: tragedy is not (unqualifiedly) valuable; it can be spiritually dangerous. Key to Nietzsche’s account is a distinction he draws between two types of tragic audience. For the ‘lower types’, tragedy is – as Plato feared – dangerous. For the ‘higher types’, however, tragedy can act as a regenerative force. Finally, I discuss a distinctive form of value that tragedy makes available to a modern audience: tragedy can act as a stimulus towards the process of the revaluation of values. (shrink)

This chapter contains sections titled: On Definition Theories of Gaming A Definition of Videogames.

George GrantÑphilosopher, conservative, Canadian nationalist, ChristianÑwas one of Canada’s most significant thinkers, and the author of Lament for a Nation, Technology and Empire, and English-Speaking Justice. Admirers and critics of the author will welcome these compelling essays about society’s traditional values in a technological age.