A student guide to reconciling human rights with cultural difference, using political philosophy and real-life case studiesHow can universal human rights be reconciled with respect for wide cultural differences? This textbook introduces the core issues for students and addresses them through an interdisciplinary analysis of key case studies. Throughout the book, an alternative philosophical framework is offered as a model through which universalism and difference can be reconciled into a single global vision.Key FeaturesCombines the theory and application of human rights (...) to provide practical help for students and course leadersKey case studies examine the rights of women, ethnic and national minorities, indigenous peoples and religious communitiesAddresses a broad range of on-going political struggles and issues, including FGM, LGBT rights, freedom of speech and the rights of indigenous peoplesOutlines a new human rights-based philosophical perspective that enables students to understand human rights within culturally diverse environmentsHelpful student features include:Core questions: each chapter starts with 10 core questions, which students are invited to answer as they read to put what they learn into practiceFurther reading: every chapter ends with suggestions for further reading, to help students deepen their study in particular areasTwo-colour layout: blue text boxes and headings draw your attention to important information and make the book easier to read. (shrink)

This article critically re-examines the application of the principle of patient autonomy within bioethics. In complex societies such as those found in North America and Europe health care professionals are increasingly confronted by patients from diverse ethnic, cultural, and religious backgrounds. This affects the relationship between clinicians and patients to the extent that patients' deliberations upon the proposed courses of treatment can, in various ways and to varying extents, be influenced by their ethnic, cultural, and religious commitments. The principle of (...) patient autonomy is the main normative constraint imposed upon medical treatment. Bioethicists typically appeal to the principle of patient autonomy as a means for generally attempting to resolve conflict between patients and clinicians. In recent years a number of bioethicists have responded to the condition of multiculturalism by arguing that the autonomy principle provides the basis for a common moral discourse capable of regulating the relationship between clinicians and patients in those situations where patients' beliefs and commitments do or may contradict the ethos of biomedicine. This article challenges that claim. I argue that the precise manner in which the autonomy principle is philosophically formulated within such accounts prohibits bioethicists' deployment of autonomy as a core ideal for a common moral discourse within multicultural societies. The formulation of autonomy underlying such accounts cannot be extended to simply assimilate individuals' most fundamental religious and cultural commitments and affiliations per se. I challenge the assumption that respecting prospective patients' fundamental religious and cultural commitments is necessarily always compatible with respecting their autonomy. I argue that the character of some peoples' relationship with their cultural or religious community acts to significantly constrain the possibilities for acting autonomously. The implication is clear. The autonomy principle may be presently invalidly applied in certain circumstances because the conditions for the exercise of autonomy have not been fully or even adequately satisfied. This is a controversial claim. The precise terms of my argument, while addressing the specific application of the autonomy principle within bioethics, will resonate beyond this sphere and raises questions for attempts to establish a common moral discourse upon the ideal of personal autonomy within multicultural societies generally. (shrink)

Health, illness and disease are topics well-suited to interdisciplinary inquiry. This book brings together scholars from around the world who share an interest in and a commitment to bridging the traditional boundaries of inquiry. We hope that this book begins new conversations that will situate health in broader socio-cultural contexts and establish connections between health, illness and disease and other socio-political issues. This book is the outcome of the first global conference on Making Sense of: Health, Illness and Disease, held (...) at St Catherine's College, Oxford, in June 2002. The selected papers pursue a range of topics from the cultural significance of narratives of health, illness and disease to healing practices in contemporary society as well as patients' illness experiences. (shrink)

This article identifies and considers the existence of a manifest, though often overlooked, paradox contained within the doctrine of human rights. The principal justifications for human rights are based upon the identification of variously conceived human characteristics, or attributes of human agency. Nevertheless, human rights have all too often been required to protect some human beings from being seriously harmed by other human beings. The justification for human rights envisages a single, universal community of human beings, whereas the actual application (...) of human rights typically testifies to the existence of two, very distinct communities: victims and perpetrators. The single greatest impetus for the drafting of the Universal Declaration of Human Rights was the desire to prevent the re-occurrence of genocide. The modern human rights regime emerged out of mountains of human corpses. One would like to claim that the impetus for human rights became less urgent after the horrors of the Holocaust. Unfortunately, genocide has persisted and gross violations of human rights remain a feature of the geo-political landscape. Our need for protective human rights remains as urgent today as it did fifty years ago. This article accounts for this paradox and answers the question: Why is it that the ultimate justification and application of the doctrine of human rights is frustrated by members of the very species upon which the doctrine is based? (shrink)

Many explanations in molecular biology, neuroscience, and other fields of experimental biology describe mechanisms underlying phenomena of interest. These mechanistic explanations account for higher-level phenomena in terms of causally active parts and their spatiotemporal organization. What makes such a mechanistic description explanatory? The best-developed answer, Craver's causal-mechanical account, has several weaknesses. It does not fully explicate the target of explanation, interlevel relation, or interactive nonmodular character of many biological mechanisms as we understand them. An alternative account of MEx, emphasizing interdependence (...) among a mechanism's components, remedies these difficulties. (shrink)

Part I: Eros and tradition -- Alcibiades I and pederasty -- The symposium and Sappho -- Part II: Polis and tradition -- Republic 3 and the sirens -- Laws 4 and the Cyclopes -- Part III: Philosophy and tradition -- The Apology and Oedipus -- The Crito and Thersites.

This paper examines the idea of objective phenomenology, or a way of understanding the phenomenal character of conscious experiences that doesn’t require one to have had the kinds of experiences under consideration. My central thesis is that structural facts about experience—facts that characterize purely how conscious experiences are structured—are objective phenomenal facts. I begin by precisifying the idea of objective phenomenology and diagnosing what makes any given phenomenal fact subjective. Then I defend the view that structural facts about experience are (...) objective. I also argue that structural facts about experience, despite being objective, nevertheless still give rise to an explanatory gap. (shrink)

What would political thought look like without the foundation of ethics? Drawing on the work of Emmanuel Levinas, Jacques Derrida and Jean-Luc Nancy, Madeleine Fagan puts forward a radical and far-reaching refusal of foundational ethics. She proposes that politics isn't built on ethics, where the two are separate things: politics and ethics are actually inseparable. The 'ethical' should not be understood as a label; it does not mean 'good' or it is not an evaluation or guide. Rather, both the (...) ethical and the political are descriptions of the context in which we find ourselves. Fagan shows us how it has become necessary to rethink the relationship between ethics and politics, based on how we practice both. In doing so, she overturns a series of common assumptions about poststructuralist ethics. It brings together an exploration of the ethical and political thought of Emmanuel Levinas, Jacques Derrida and Jean-Luc Nancy for the first time. It provides an advanced introduction to poststructuralist ethical thought in politics and international relations. It focuses on the practical political implications of poststructuralist thought. (shrink)

Some accounts of moral responsibility hold that an agent's responsibility is completely determined by some aspect of the agent's mental life at the time of action. For example, some hold that an agent is responsible if and only if there is an appropriate mesh among the agent's particular psychological elements. It is often objected that the particular features of the agent's mental life to which these theorists appeal (such as a particular structure or mesh) are not necessary for responsibility. This (...) is because there appear to be cases in which an agent acts at an earlier time which causes her to lack the appropriate psychological features at some later time and yet, intuitively, she is responsible at that later .. (shrink)

Perception is riddled with cases of reliable misperception. These are cases in which a perceptual state is tokened inaccurately any time it is tokened under normal conditions. On the face of it, this fact causes trouble for theories that provide an analysis of perceptual content in non-semantic, non-intentional, and non-phenomenal terms, such as those found in Millikan (1984), Fodor (1990), Neander (2017), and Schellenberg (2018). I show how such theories can be extended so that they cover such cases without giving (...) up their core commitments. (shrink)

We are all familiar with the phenomenon of a proposition seeming true. Many think that these seeming states can yield justified beliefs. Very few have seriously explored what these seeming states are. I argue that seeming states are not plausibly analyzed in terms of beliefs, partial beliefs, attractions to believe, or inclinations to believe. Given that the main candidates for analyzing seeming states are unsatisfactory, I argue for a brute view of seemings that treats seeming states as irreducible propositional attitudes.

This is a discussion of the state of discussion on pragmatic reasons for belief.

This book brings together an international group of scholars to discuss the ramifications of Heidegger's Black Notebooks for philosophy and the humanities. In contrast to both those who seek to exonerate Heidegger and those who simply condemn him, they urge careful reading and rereading of his work to turn Heideggerian thought against itself.

For Kant, knowledge involves certainty. If “certainty” requires that the grounds for a given propositional attitude guarantee its truth, then this is an infallibilist view of epistemic justification. Such a view says you can’t have epistemic justification for an attitude unless the attitude is also true. Here I want to defend an alternative fallibilist interpretation. Even if a subject has grounds that would be sufficient for knowledge if the proposition were true, the proposition might not be true. And so there (...) is sometimes still rational room for doubt. The goal of this paper is to present four different models of what “certainty” amounts to, for Kant, each of which is compatible with fallibilism. (shrink)

In his 1978 paper “Mathematical Explanation”, Mark Steiner attempts to modernize the Aristotelian idea that to explain a mathematical statement is to deduce it from the essence of entities figuring in the statement, by replacing talk of essences with talk of “characterizing properties”. The language Steiner uses is reminiscent of language used for proofs deemed “pure”, such as Selberg and Erdős’ elementary proofs of the prime number theorem avoiding the complex analysis of earlier proofs. Hilbert characterized pure proofs as those (...) that use only “means that are suggested by the content of the theorem”, a characterization we have elsewhere called “topical purity”. In this paper we will examine the connection between Steiner’s account of mathematical explanation and topical purity. Are Steiner-explanatory proofs necessarily topically pure? Are topically pure proofs necessarily Steiner-explanatory? Answers to these questions will shed light on the general question of the relation between purity and explanatory power. (shrink)

The aim of the Analytic of Concepts is to derive and deduce a set of pure concepts of the understanding, the categories, which play a central role in Kant’s explanation of the possibility of synthetic a priori cognition and judgment. This chapter is structured around two questions. First, what is a pure concept of the understanding? Second, what is involved in a deduction of a pure concept of the understanding? In answering the first, we focus on how the categories differ (...) from the pure forms of sensibility and examine whether they are known only to be the pure forms of human thinking or rather the forms of discursive cognition as such. In answering the second, we draw a distinction between the application and the exemplification of the categories and use it to identify different ways of understanding Kant’s project in the Transcendental Deduction of the Categories. These questions connect because the answer to the first determines how we should understand the kind of entitlement which is to be established in the Deduction. (shrink)

While many aspects of cognition have been shown to be shared between humans and non-human animals, there remains controversy regarding whether the capacity to mentally time travel is a uniquely human one. In this paper, we argue that there are four ways of representing when some event happened: four kinds of temporal representation. Distinguishing these four kinds of temporal representation has five benefits. First, it puts us in a position to determine the particular benefits these distinct temporal representations afford an (...) organism. Second, it provides the conceptual resources to foster a discussion about which of these representations is necessary for an organism to count as having the capacity to mentally time travel. Third, it enables us to distinguish stricter from more liberal views of mental time travel that differ regarding which kind(s) of temporal representation is taken to be necessary for mental time travel. Fourth, it allows us to determine the benefits of taking a stricter or more liberal view of mental time travel. Finally, it ensures that disagreement about whether some species can mentally time travel is not merely the product of unrecognised disagreement about which temporal representation is necessary for mental time travel. We argue for a more liberal view, on the grounds that it allows us to view mental time travel as an evolutionarily continuous phenomenon, and to recognise that differences in the ways that organisms mentally time travel might reflect different temporal representations, or combinations thereof, that they employ. Our ultimate aim, however, is to create the conceptual framework for further discussion regarding what sorts of temporal representations are required for mental time travel. (shrink)

In this chapter we will argue that the capacities necessary to moral and legal agency can be understood as executive functions in the brain. Executive functions underwrite both the cognitive and volitional capacities that give agents a fair opportunity to avoid wrongdoing: to recognize their acts as immoral and/or illegal, and to act or refrain from acting based upon this recognition. When a person’s mental illness is serious enough to cause severe disruption of executive functions, she is very likely to (...) lack substantial capacities necessary to be law-abiding. Our analysis supports the Model Penal Code test for legal insanity over the traditional M’Naghten test, because the Model Penal Code test allows either severely diminished cognitive or volitional capacities to warrant an excuse to criminal culpability. We will provide a nuanced account of the ways in which mental illness can erode executive function, as well as an explanation as to why severe diminishment of executive functions caused by mental illness, but not some other causes, is exculpatory. (shrink)

The fallacy fallacy is either the misdiagnosis of fallacy or the supposition that the conclusion of a fallacy must be a falsehood. This paper explores the relevance of these and related errors of reasoning for the appraisal of arguments, especially within virtue theories of argumentation. In particular, the fallacy fallacy exemplifies the Owl of Minerva problem, whereby tools devised to understand a norm make possible new ways of violating the norm. Fallacies are such tools and so are vices. Hence a (...) similar problem arises with argumentative vices. Fortunately, both instances of the problem have a common remedy. (shrink)

This chapter addresses an ambiguity in some of the literature on rational peer disagreement about the use of the term 'rational'. In the literature 'rational' is used to describe a variety of normative statuses related to reasons, justification, and reasoning. This chapter focuses most closely on the upshot of peer disagreement for what is rationally required of parties to a peer disagreement. This follows recent work in theoretical reason which treats rationality as a system of requirements among an agent's mental (...) states. It is argued that peer disagreement has either no, or a very limited, affect on what rationality requires of an agent in a given circumstance. This is in part because of difficulties generated by a novel example of evidence of evidence of p being evidence against p. This example calls into question the mechanisms whereby peer disagreement might affect what is rationally required of an agent. The chapter also reevaluates the importance of actual peer disagreement against the backdrop of prior expectations about whether disagreement is believed to be likely, arguing that peer disagreement is most likely to change what is rationally required of an agent when it is believed to be unlikely. (shrink)

Towards the unconditioned: Kant, Epicurus and Glückseligkeit -- Arendt and the time of the pardon -- Kant, evil, and the unconditioned -- Judgment after Derrida.

The norm of monogamy is pervasive, having remained widespread, in most Western cultures at least, in spite of increasing tolerance toward more diverse relationship types. It is also puzzling. People willingly, and often with gusto, adhere to it, yet it is also, prima facie at least, highly restrictive. Being in a monogamous relationship means agreeing to give up certain sorts of valuable interactions and relationships with other people and to severely restrict one’s opportunities for sex and love. It is this (...) restrictiveness which has led for calls among some philosophers for the justification of the norm, and some have argued that it cannot be justified. John McMurtry, for example, writing in 1972, compared monogamy to private property and argued that it serves the capitalist order (McMurtry 1972, 596–97). More recently, Harry Chalmers (2019) has argued that monogamy is morally impermissible. In this chapter we argue that rather than justify the norm, we ought to explain and understand its pervasiveness. Not everyone who follows the norm is doing so blindly, irrationally, or immorally. Indeed, many people are monogamous because being monogamous supports their needs and best enables them to flourish. We suggest that the human need for trust and attachment could underlie many people’s desires for monogamy and, therefore, explain monogamy’s pervasiveness. Focusing on the human need for trust and attachment security can also help us to understand why sexual infidelity can feel like such a betrayal. It can make sense to mutually agree to exclusivity in relationships, in spite of the apparent restrictions this brings. In a sense, not all restrictions are restrictive, because holding ourselves to limits on our behavior can in fact help us to invest in and experience the things we value most. (shrink)

Many say that ontological disputes are defective because they are unimportant or without substance. In this paper, we defend ontological disputes from the charge, with a special focus on disputes over the existence of composite objects. Disputes over the existence of composite objects, we argue, have a number of substantive implications across a variety of topics in metaphysics, science, philosophical theology, philosophy of mind, and ethics. Since the disputes over the existence of composite objects have these substantive implications, they are (...) themselves substantive. (shrink)

European Journal of Philosophy, EarlyView.

I argue that the following theses are both popular among evidentialists but also jointly inconsistent with evidentialism: 1) Time-Slice Mentalism: one’s justificational properties at t are grounded only by one’s mental properties at t; 2) Experience Ultimacy: all ultimate evidence is experiential; and 3) Sleep Justification: we have justified beliefs while we have dreamless, nonexperiential sleep. Although I intend for this paper to be a polemic against evidentialists, it can also be viewed as an opportunity for them to clarify their (...) views. Furthermore, the paper is not only relevant to evidentialists. For example, the arguments of this paper could give Time-Slice Mentalists a reason to deny evidentialism. (shrink)

To be conscious—according to a common metaphor—is for the “lights to be on inside.” Is this a good metaphor? I argue that the metaphor elicits useful intuitions while staying neutral on controversial philosophical questions. But I also argue that there are two ways of interpreting the metaphor. Is consciousness the inner light itself? Or is consciousness the illuminated room? Call the first sense subjectivity (where ‘consciousness’ =def what makes an entity feel some way at all), and the second sense phenomenal (...) character (where ‘consciousness’ =def what it feels like to be an entity). I use this distinction—as well as the metaphor of the inner light—to clarify some philosophical questions about whether consciousness comes in degrees, whether consciousness is multidimensional, and whether there are borderline cases of consciousness. (shrink)