In this paper, we examine the lawfulness of a proposal to provide elective ventilation to incompetent patients who are potential organ donors. Under the current legal framework, this depends on whether the best interests test could be satisfied. It might be argued that, because the Mental Capacity Act 2005 (UK) (and the common law) makes it clear that the best interests test is not confined to the patient's clinical interests, but extends to include the individual's own values, wishes and beliefs, (...) the proposal will be in the patient's best interests. We reject this claim. We argue that, as things currently stand, the proposal could not lawfully be justified as a blanket proposition by reference to the best interests test. Accordingly, a modification of the law would be necessary to render the proposal lawful. We conclude with a suggestion about how that could be achieved. (shrink)

This innovative collection offers one of the first analyses of criminologies of the military from an interdisciplinary perspective. While some criminologists have examined the military in relation to the area of war crimes, this collection considers a range of other important but less explored aspects such as private military actors, insurgents, paramilitary groups and the role of military forces in tackling transnational crime. Drawing upon insights from criminology, this book's editors also consider the ways the military institution harbours criminal activity (...) within its ranks and deals with prisoners of war. The contributions, by leading experts in the field, have a broad reach and take a truly global approach to the subject. (shrink)

The modern slavery literature engages with history in an extremely limited fashion. Our paper demonstrates to the utility of historical research to modern slavery researchers by explaining the rise and fall of the ethics-driven market category of “free-grown sugar” in nineteenth-century Britain. In the first decades of the century, the market category of “free-grown sugar” enabled consumers who were opposed to slavery to pay a premium for a more ethical product. After circa 1840, this market category disappeared, even though considerable (...) quantities of slave-grown sugar continued to arrive into the UK. We explain the disappearance of the market category. Our paper contributes to the on-going debates about slavery in management by historicizing and thus problematizing the concept of “slavery”. The paper challenges those modern slavery scholars who argue that lack of consumer knowledge about product provenance is the main barrier to the elimination of slavery from today’s international supply chains. The historical research presented in this paper suggests that consumer indifference, rather than simply ignorance, may be the more fundamental problem. The paper challenges the optimistic historical metanarrative that pervades much of the research on ethical consumption. It highlights the fragility of ethics-driven market categories, offering lessons for researchers and practitioners seeking to tackle modern slavery. (shrink)

The article reviews several books about philosophical isuuses including "Against Coherence: Truth, Probability, and Justification," by Olsson Erik J., "Fixing Frege," by Burgess John, "Events and Semantic Architecture," by Pietroski Paul M.

Published in 1918, _The View of Life_ is Georg Simmel’s final work. Famously deemed “the brightest man in Europe” by George Santayana, Simmel addressed a variety of topics across his essayistic writings, which have influenced scholars in aesthetics, ethics, epistemology, and sociology. Nevertheless, a set of core issues emerged over the course of his career, most centrally the genesis, structure, and transcendence of social and cultural forms and the nature and genesis of authentic individuality. Composed in the years before his (...) death, _The View of Life_ was, according to Simmel, his “testament,” a capstone work of profound metaphysical inquiry intended to formulate his conception of life in its entirety. Now Anglophone readers can at last read in full the work that shaped the argument of Heidegger’s _Being and Time_ and whose extraordinary impact on European intellectual life between the wars was extolled by Jürgen Habermas. Presented alongside these seminal essays are aphoristic fragments from Simmel’s last journal, providing a beguiling look into the mind of one of the twentieth century’s greatest thinkers. (shrink)

In this work, I attempt a four-part task: to explicate Heidegger's notion of the Fourfold, to show its necessary relation to technology, to think the limit that separates these, and to show how this constellation of the Fourfold and technology escapes from the "metaphysics of presence" with which Heidegger has been charged. ;1. The Fourfold is the belonging together of Earth, Sky, Mortals, and Divinities. Heidegger inherits the components from Holderlin, but transforms then in his thought. The gathering of these (...) four goes to make up the presencing of a singular and delimited entity . Such a thing exists as unique and irreplaceable. ;2. This singular mode of presence is only understandable against the background of limitless technological circulation. Influenced by Ernst Junger, Heidegger sees technology as setting into place a world of instantaneous replacement and sameness. The name for this manner of replaceable presence is "Bestand ." ;3. The unworld of technology is no simple "opposite" to the Fourfold, however. Rather the two modes of presence belong together. Heidegger repeatedly emphasizes how there can never be a complete loss of world in the enframing of technology. Conversely, the Fourfold is never free of the Bestand. A play of revelation and concealment is operative here and intimately related to Heidegger's new notion of essence. I examine this intricate and intimate co-belonging of technology and the Fourfold. ;4. This interpretation is used to counter the charge that Heidegger would think in terms of metaphysical presence, i.e., in terms of complete, self-present, and pure presence. Such a charge is leveled in the early work of Jacques Derrida. I show that Heidegger's thinking is already a thought of the trace. Since there is consequently no total presence or absence for Heidegger , there can be no simple overcoming of metaphysics either. Metaphysics cannot be so easily left behind, but must undergo a transformation . This is nothing more than a recognition of the trace and its place at the limit of singular, finite existence. ;The first chapter treats the circulation of technology, the remaining four address in series the elements of the Fourfold. (shrink)

What job should authorities give to review boards? We are grateful to Soren Holm, Rosamond Rhodes, Julian Savulescu and G Owen Schaefer for their thoughtful commentaries on our answer.1–4 Here we add to the discussion. Let us summarise the claims for which we argued.5 Relevant authorities can task boards with review for consistency with duly established code, thereby making code-consistent activities apt for approval and code-inconsistent activities apt for rejection. They can instead task boards with review for ethical acceptability, making (...) ethically acceptable activities apt for approval and ethically unacceptable activities apt for rejection. For every proposal a board might consider, these two different jobs establish different review bases, and their approvals and rejections also sometimes conflict. Some international and national statements require ECR, others instead require CCR, and others again seem either to require both or just to run the two together. Those responsible for these statements should make them clearer and better aligned here. For reasons of practicality, publicity and separation of powers, authorities do better to task boards with CCR and not ECR. These arguments also count against establishing any code with content that in effect collapses CCR into ECR. If our arguments withstand robust scrutiny, authorities should also remove ‘ethics’ and cognate terms from the names of these boards and their review activities and emphasise code expertise not ethics expertise in the required skill sets of boards. Our article noted that ‘ethical considerations informed the genesis of these boards and express their aspirations’. Rhodes similarly notes: ‘the authors and endorsers of research ethics codes, declarations and regulations … articulating the ethical standards for conducting human subject research’ and ‘This framework embeds the ethical parameters of human subject research into the moral missions of institutions’. Schaefer too …. (shrink)

This paper is a revalidation of Oliver Sacks's role in the development of medicine's narrative turn and, as such, a reinterpretation of the history of narrative in medicine. It suggests that, from the late 1960s, Sacks pioneered in his ‘Romantic Science’ a new medical mode that reunited the seemingly incommensurable art and science of medicine while also offering a way for medical humanities to shape clinical reasoning more effectively.

In this paper I expound and criticise the arguments of two leading exponents of critical ecological feminism. According to critical ecological feminism responsibility for the oppressions of the natural world and the oppressions of racism and sexism can be traced to a logic of domination that is based on suspect value dualities and presupposes an unacceptable ‘moral extensionism’. I argue firstly that critical ecological feminism's critique of value dualism presupposes the truth of the thesis that humans and non‐humans are morally (...) equal, a thesis for which it offers no persuasive arguments . Secondly I maintain that moral extensionism, contrary to the claims of critical ecological feminism, can support a genuine respect for the natural world. Finally I suggest that the arguments for one version of critical ecological feminism, in order to be made convincing, themselves require the truth of moral extensionism. (shrink)

Hirst always highlighted knowledge when reflecting on the school curriculum. He replaced his early focus on liberal education, the development of mind and theoretical knowledge by emphasizing the practical and practices as a curriculum starting point and for the framing of educational aims. In this paper I explore links between Hirst’s philosophical treatment of knowledge and some currently contested aspects of UK government education policies. I also note some ways in which his work relates to selected present-day debates in philosophy (...) of education. Examples of UK government policy will include Ofsted’s definition of learning as a ‘change in long-term memory’ and the ways in which they place ‘logical sequencing’ at the heart of teaching, learning, and curriculum. Their learning definition treats knowledge as an individual asset rather than something about individuals as embedded in the social world of practices, a perspective more in keeping with Hirst’s later views. The critique of individualistic notions of knowledge and learning includes some explorations of how learners move into the ‘space of reasons’. Where I draw attention to relationships between Hirst’s thought and contemporary philosophy of education debates, I do not always draw any definite conclusions. (shrink)

John N Andrews; General Thinking Skills: are there such things?, Journal of Philosophy of Education, Volume 24, Issue 1, 30 May 2006, Pages 71–79, https://doi.o.

Weak panpsychism, the view that mindlike qualities are wide-spread in nature, has recently been argued for by the prominent ecofeminist Val Plumwood and has been used by her to ground an ethic of respect for nature. This ethic advocates a principle of respect for difference, the rejection of moral hierarchy and the inclusion of plants, mountains, rivers and ecosystems within the moral community. I argue that weak panpsychism cannot, convincingly, justify the rejection of moral hierarchy, as it is compatible with (...) it. Also the intentional criterion of mind, employed by weak panpsychism, which includes teleology, has the counter-intuitive implication of giving machines moral status. I cast doubt on the claims that (i) intentionality is a necessary condition for moral status and that (ii) it is sufficient for the ascription of agency. It is suggested that any account of intentionality that allows it to be predicated of mountains, rivers etc. would be widely, and correctly regarded as a reduction of that account. Finally an aesthetic reinterpretation of weak panpsychism is offered. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

Critical Realism and Marxism addresses controversial debates, revealing a potentially fruitful relationship; deepening our understanding of the social world and contibuting towards eliminating barbarism in contemporary capitalism.

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. We reject arbitrary distinctions that deny adequate protections to other animals who share with protected humans relevantly similar vulnerabilities to harms and relevantly similar interests in avoiding such harms. We strongly urge this Court, in keeping with the best philosophical standards of rational judgment and ethical standards of justice, to recognize that, as a nonhuman person, Happy should be (...) released from her current confinement and transferred to an appropriate elephant sanctuary, pursuant to habeas corpus. (shrink)

In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with Happy’s personhood.

Expert skill in music performance involves an apparent paradox. On stage, expert musicians are required accurately to retrieve information that has been encoded over hours of practice. Yet they must also remain open to the demands of the ever-changing situational contingencies with which they are faced during performance. To further explore this apparent paradox and the way in which it is negotiated by expert musicians, this article profiles theories presented by Roger Chaffin, Hubert Dreyfus and Tony and Helga Noice. For (...) Chaffin, expert skill in music performance relies solely upon overarching mental representations, while, for Dreyfus, such representations are needed only by novices, while experts rely on a more embodied form of coping. Between Chaffin and Dreyfus sit the Noices, who argue that both overarching cognitive structures and embodied processes underlie expert skill. We then present the Applying Intelligence to the Reflexes (AIR) approach?a differently nuanced model of expert skill aligned with the integrative spirit of the Noices? research. The AIR approach suggests that musicians negotiate the apparent paradox of expert skill via a mindedness that allows flexibility of attention during music performance. We offer data from recent doctoral research conducted by the first author of this article to demonstrate at a practical level the usefulness of the AIR approach when attempting to understand the complexities of expert skill in music performance. (shrink)

Expert skill in music performance involves an apparent paradox. On stage, expert musicians are required accurately to retrieve information that has been encoded over hours of practice. Yet they must also remain open to the demands of the ever-changing situational contingencies with which they are faced during performance. To further explore this apparent paradox and the way in which it is negotiated by expert musicians, this article profiles theories presented by Roger Chaffin, Hubert Dreyfus and Tony and Helga Noice. For (...) Chaffin, expert skill in music performance relies solely upon overarching mental representations, while, for Dreyfus, such representations are needed only by novices, while experts rely on a more embodied form of coping. Between Chaffin and Dreyfus sit the Noices, who argue that both overarching cognitive structures and embodied processes underlie expert skill. We then present the Applying Intelligence to the Reflexes approach—a differently nuanced model of expert skill aligned with the integrative spirit of the Noices’ research. The AIR approach suggests that musicians negotiate the apparent paradox of expert skill via a mindedness that allows flexibility of attention during music performance. We offer data from recent doctoral research conducted by the first author of this article to demonstrate at a practical level the usefulness of the AIR approach when attempting to understand the complexities of expert skill in music performance. (shrink)

‘There is no place in the phenomenology of fully absorbed coping’, writes Hubert Dreyfus, ‘for mindfulness. In flow, as Sartre sees, there are only attractive and repulsive forces drawing appropriate activity out of an active body’1. Among the many ways in which history animates dynamical systems at a range of distinctive timescales, the phenomena of embodied human habit, skilful movement, and absorbed coping are among the most pervasive and mundane, and the most philosophically puzzling. In this essay we examine both (...) habitual and skilled movement, sketching the outlines of a multidimensional framework within which the many differences across distinctive cases and domains might be fruitfully understood. Both the range of movement phenomena which can plausibly be seen as instances of habit or skill, and the space of possible theories of such phenomena are richer and more disparate than philosophy easily encompasses. We seek to bring phenomenology into contact with relevant movements in psychological theories of skilful action, in the belief that phenomenological philosophy and cognitive science can be allies rather than antagonists. (shrink)

In the current paper, we present and discuss a series of experiments in which we investigated people’s willingness to ascribe intentions, as well as blame and praise, to groups. The experiments draw upon the so-called “Knobe Effect”. Knobe [2003. “Intentional action and side effects in ordinary language.” Analysis 63: 190–194] found that the positiveness or negativeness of side-effects of actions influences people’s assessment of whether those side-effects were brought about intentionally, and also that people are more willing to assign blame (...) for negative side-effects of actions than they are to assign praise for positive side-effect of actions. Building upon this research, we found evidence that the positiveness or negativeness of side-effects of group actions influences people’s willingness to attribute intentions to groups, and that people are more willing to assign blame to groups for negative side-effects of actions than they are to assign praise to groups for positive side-effects of... (shrink)

This book analyzes the philosophical foundations of sensorimotor theory and discusses the most recent applications of sensorimotor theory to human computer interaction, child's play, virtual reality, robotics, and linguistics. -/- Why does a circle look curved and not angular? Why doesn't red sound like a bell? Why, as I interact with the world, is there something it is like to be me? These are simple questions to pose but more difficult to answer. An analytic philosopher might respond to the first (...) by merely observing, ``if we ponder the concept `circle' we find that it is the essence of a circle to be round''; but where does this definition come from? Was it set in stone by the gods, the divine arbiters of circle-ness (red-ness and conscious-ness)? It is a measure of the importance of Kevin O'Regan and Alva Noe's 2001 paper `A sensorimotor account of vision and visual consciousness' that it reveals deep scientific and philosophical insight on these foundational issues of perception. -/- Opening with a chapter from Kevin O'Regan, this collection of new essays continues by presenting fifteen additional essays on as many developments achieved in recent years in this field. It provides readers with a critical review of the sensorimotor theory and in so doing introduces them to a radically new approach in cognitive science. (shrink)

In some musical genres, professional performers play live shows many times a week. Arduous touring schedules bring encounters with wildly diverse audiences across many different performance ecologies. We investigate the kinds of creativity involved in such repeated live performance, kinds of creativity that are quite unlike songwriting and recording, and examine the central factors that influence musicians’ wellbeing over the course of a tour. The perspective of the professional musician has been underrepresented in research on relations between music and wellbeing, (...) with little attention given to the experience of touring. In this case study, we investigate influences on positive and negative performance experiences for the four professional musicians of Australian pop/rock band Cloud Control. Geeves conducted intensive cognitive ethnographic fieldwork with Cloud Control members over a two-week national Australian tour for their second album, Dream Cave (2013). Adapting a Grounded Theory approach to data analysis, we found the level of wellbeing musicians reported and displayed on tour to be intimately linked to their creative performance experiences through the two emergent, overarching and interdependent themes of Performance Headspace (PH) and Connection with Audience (CA). We explore these themes in detail and provide examples to demonstrate how PH and CA can feed off each other in virtuous ways that positively shape musicians’ wellbeing, or loop in vicious ways that negatively shape musicians’ wellbeing. We argue that their creative practice, in thus re-enacting musical performance afresh in each venue’s distinctive setting, emerges within unique constraints each night, and is in a sense a co-creation of the crowd and the band. (shrink)

This is a comprehensive reference source on 18th-century authors writing in the English language about philosophical ideas and issues. It features authors taken from 1689 through to the mid-19th century, the period beginning with John Locke and ending with Dugald Stewart. The word philosophical is used in a wide, 18th-century sense. Therefore, the Dictionary includes epistemology, ethics, aesthetics, education, politics, rhetoric, science, medicine, biology, geology, chemistry and theology.

How do concert pianists commit to memory the structure of a piece of music like Bach’s Italian Concerto, learning it well enough to remember it in the highly charged setting of a crowded performance venue, yet remaining open to the freshness of expression of the moment? Playing to this audience, in this state, now, requires openness to specificity, to interpretation, a working dynamicism that mere rote learning will not provide. Chaffin, Imreh and Crawford’s innovative and detailed research suggests that the (...) key to this skill is a declarative mental roadmap aiding musical performance. This hypothesis is neatly and unintentionally summarized by professional pianist Imreh, who states when learning a new piece of music “My fingers were playing the notes just fine. The practice I needed was in my head. I had to learn to keep track of where I was. It was a matter of learning exactly what I needed to be thinking of as I played, and at exactly what point. (shrink)

The principle of universal instantiation plays a pivotal role both in the derivation of intensional paradoxes such as Prior’s paradox and Kaplan’s paradox and the debate between necessitism and contingentism. We outline a distinctively free logical approach to the intensional paradoxes and note how the free logical outlook allows one to distinguish two different, though allied themes in higher-order necessitism. We examine the costs of this solution and compare it with the more familiar ramificationist approaches to higher-order logic. Our assessment (...) of both approaches is largely pessimistic, and we remain reluctantly inclined to take Prior’s and Kaplan’s derivations at face value. (shrink)

This book reconstructs key aspects of the early career of Descartes from 1618 to 1633; that is, up through the point of his composing his first system of natural philosophy, Le Monde, in 1629-33. It focuses upon the overlapping and intertwined development of Descartes’ projects in physico-mathematics, analytical mathematics, universal method, and, finally, systematic corpuscular-mechanical natural philosophy. The concern is not simply with the conceptual and technical aspects of these projects; but, with Descartes’ agendas within them and his construction and (...) presentation of his intellectual identity in relation to them. Descartes’ technical projects, agendas and senses of identity shifted over time, entangled and displayed great successes and deep failures, as he morphed from a mathematically competent, Jesuit trained graduate in neo-Scholastic Aristotelianism to aspiring prophet of a systematised corpuscular-mechanism, passing through stages of being a committed physico-mathematicus, advocate of a putative ‘universal mathematics’, and projector of a grand methodological dream. In all three dimensions—projects, agendas and identity concerns—the young Descartes struggled and contended, with himself and with real or virtual peers and competitors, hence the title ‘Descartes-Agonistes’. (shrink)

Seeking to expand on previous theories, this paper explores the AIR (Applying Intelligence to the Reflexes) approach to expert performance previously outlined by Geeves, Christensen, Sutton and McIlwain (2008). Data gathered from a semi-structured interview investigating the performance experience of Jeremy Kelshaw (JK), a professional musician, is explored. Although JK’s experience of music performance contains inherently uncertain elements, his phenomenological description of an ideal performance is tied to notions of vibe, connection and environment. The dynamic nature of music performance advocated (...) by the AIR approach is illustrated by the strategies that JK implements during performance. Through executing these strategies, JK attempts to increase the likelihood of vibe and connection by selectively exercising agency over performance variables within his control. In order to achieve this, JK must engage in ongoing monitoring of his performance, whereby the spotlight of his attention pans across a vast array of disparate performance processes (and levels within these processes) in order to ascertain how he can most effectively meet the specific demands of a given performance situation. It is hoped that future research compiling data from numerous interviews and sources as well as using different research methodologies will further unlock the potential that the AIR approach holds for understanding expert performance. (shrink)

Michael Walzer is one of the most distinguished political philosophers and social critics of this century. His ideas have had great import and influence in political philosophy and political discussion, yet very few of his ideas have been incorporated explicitly into the business ethics literature. We argue that Walzer’s work provides an important conceptual canvas for business ethics scholars that has not been adequately explored. Scholars in business ethics often borrow from political theory and philosophy to generate new insights and (...) develop new substantive contributions. Many valuable theoretical resources are already used extensively—particularly Aristotle, Kant, Marx and a variety of utilitarian philosophers. Walzer offers another set of resources to bring to the conversation of what business ethics is and how business ethicists add value. This paper provides an opportunity to delve further into Walzer’s writings, particularly themes that are tied to business ethics, and to illustrate how his ideas can be extended to reshape our understanding of the field and develop new perspectives on ethical issues in commerce. (shrink)

In this paper we look at the manual analysis of arguments and how this compares to the current state of automatic argument analysis. These considerations are used to develop a new approach combining a machine learning algorithm to extract propositions from text, with a topic model to determine argument structure. The results of this method are compared to a manual analysis.

Platonists beginning in the Old Academy itself and up to and including Plotinus struggled to understand and articulate the relation between Plato’s Demiurge and the Living Animal which served as the model for creation. The central question is whether “contents” of the Living Animal, the Forms, are internal to the mind of the Demiurge or external and independent. For Plotinus, the solution depends heavily on how the Intellect that is the Demiurge and the Forms or intelligibles are to be understood (...) in relation to the first principle of all, the One or the Good. The treatise V.5 [32] sets out the case for the internality of Forms and argues for the necessary existence of an absolutely simple and transcendent first principle of all, the One or the Good. Not only Intellect and the Forms, but everything else depends on this principle for their being. (shrink)

A number of increasingly sophisticated technologies are now being used to support complex decision-making in a range of contexts. This paper reports on work undertaken to provide decision support in the discretionary domain of sentencing by referring to a recently created Toulmin argument based model that involves the interplay and weighting of relevant rule-based and discretionary factors used in a decisional process. Judicial discretion, particularly in the sentencing phase, is one of the mainstays of justice systems that favour individualised justice. (...) The study discusses the modelling process in Victorian courts in Australia, where the handing down of an appropriate custodial or non-custodial sentence requires the consideration of many factors. Tools and techniques used to capture relevant expert knowledge and display it both as a paper model and as an online prototype application are discussed. (shrink)