This chapter is divided into three parts. First I outline what makes something an objective list theory of well-being. I then go on to look at the motivations for holding such a view before turning to objections to these theories of well-being.

Digital personal data is increasingly framed as the basis of contemporary economies, representing an important new asset class. Control over these data assets seems to explain the emergence and dominance of so-called “Big Tech” firms, consisting of Apple, Microsoft, Amazon, Google/alphabet, and Facebook. These US-based firms are some of the largest in the world by market capitalization, a position that they retain despite growing policy and public condemnation—or “techlash”—of their market power based on their monopolistic control of personal data. We (...) analyse the transformation of personal data into an asset in order to explore how personal data is accounted for, governed, and valued by Big Tech firms and other political-economic actors. However, our findings show that Big Tech firms turn “users” and “user engagement” into assets through the performative measurement, governance, and valuation of user metrics, rather than extending ownership and control rights over personal data per se. We conceptualize this strategy as a form of “techcraft” to center attention on the means and mechanisms that Big Tech firms deploy to make users and user data measurable and legible as future revenue streams. (shrink)

Claims about needs are a ubiquitous feature of everyday practical discourse. It is therefore unsurprising that needs have long been a topic of interest in moral philosophy, applied ethics, and political philosophy. Philosophers have devoted much time and energy to developing theories of the nature of human needs and the like. -/- Philosophers working on needs are typically committed to the idea that there are different kinds of needs and that within the different kinds of needs is a privileged class (...) of needs that is especially normatively significant. -/- Some philosophers go further and make rather grand claims about needs. They claim that needs are central or fundamental to moral thinking and that we must have a needs-centred moral theory or a general reorientation of moral philosophy around needs. -/- In this paper I aim to do two things. First, to show how applying recent work on modal terms can help us to understand thought and talk about needs. This is the positive part. I then use these ideas to cast doubt on the more ambitious claims about needs. Put briefly, a proper understanding of claims about needs undermines the idea that the concept of needs is fundamental in moral thought or in moral philosophy. Ambitious needs theory fails. (shrink)

From their interpretation of the Australian Citizens’ Jury on genome editing, Scheinerman (2023) concludes that inclusive and diverse deliberative processes of public engagement have salient benefi...

This is a new edition of Joseph Fletcher's 1966 work that ignited a firestorm of controversy at the time of its publication.

Derek Parfit’s view of ‘personal identity’ raises questions about whether advance decisions refusing life-saving treatment should be honored in cases where a patient loses psychological continuity; it implies that these advance decisions would not be self-determining at all. Part I of this paper argues that this assessment of personal identity undermines the distinction between suicide and homicide. However, rather than accept that an unknown metaphysical ‘further fact’ underpins agential unity, one can accept Parfit’s view but offer a different account of (...) what it implies morally: that the social and legal bases for ascribing a persisting ‘personal identity’ maintain the distinction between homicide and suicide. (shrink)

A long-standing charge of circularity against regularity accounts of laws has recently seen a surge of renewed interest. The difficulty is that we appeal to laws to explain their worldly instances, but if these laws are descriptions of regularities in the instances then they are explained by those very instances. By the transitivity of explanation, we reach an absurd conclusion: instances of the laws explain themselves. While drawing a distinction between metaphysical and scientific explanations merely modifies the challenge rather than (...) resolving it, I argue that it does point us towards an attractive solution. According to Humeanism, the most prominent form of the regularity view, laws capture information about important patterns in the phenomena. By invoking laws in scientific explanations, Humeans are showing how a given explanandum is subsumed into a more general pattern. Doing so both undermines a principle of transitivity that plays a crucial role in the circularity argument and draws out a central feature of the Humean approach to scientific explanation. (shrink)

If we cross-classify the absolutist-consequentialist distinction with an intuitive-analytical one we can see that economists probably attract the hostility of those in the other three cells as a result of being analytical consequentialists, as much as because of their concern with “costs”. Suggesting that some sources of utility are to be regarded as rights cannot, says the analytical consequentialist, overcome the fact that fulfilling and respecting rights is a resource-consuming activity, one that will inevitably have consequences, in resource-constrained situations, for (...) the fulfilment of the rights of others. Within the analytical consequentialist framework QALY-type measures of health outcome have the unique advantage of allowing technical and allocative efficiency to be addressed simultaneously, while differential weighting of QALYs accruing to different groups means that efficiency and equity can be merged into the necessary single maximand. But what if such key concepts of the analytical consequentialist are not part of the discursive equipment of others? Are they to be disqualified from using them on this ground? Is it ethical for intuition to be privileged in ethical discourse, or is the analyst entitled to “equal opportunities” in the face of “analysisism”, the cognitive equivalent of “racism” and “sexism”? (shrink)

Hastings Center Report, Volume 52, Issue S1, Page S3-S11, March‐April 2022.

This first comprehensive account of the utilitarians' historical thought intellectually resituates their conceptions of philosophy and politics, at a time when the past acquired new significances as both a means and object of study. Drawing on published and unpublished writings - and set against the intellectual backdrops of Scottish philosophical history, German and French historicism, romanticism, positivism, and the rise of social science and scientific history - Callum Barrell recovers the depth with which Jeremy Bentham, James Mill, George Grote, (...) and John Stuart Mill thought about history as a site of philosophy and politics. He argues that the utilitarians, contrary to their reputations as ahistorical and even antihistorical thinkers, developed complex frameworks in which to learn from and negotiate the past, inviting us to rethink the foundations of their ideas, as well as their place in - and relationship to - nineteenth-century philosophy and political thought. (shrink)

This is a reprint of a book first published by Little, Brown in 1978. George Fletcher is working on a new edition, which will be published by Oxford in three volumes, the first of which is scheduled to appear in January of 2001. Rethinking Criminal Law is still perhaps the most influential and often cited theoretical work on American criminal law. This reprint will keep this classic work available until the new edition can be published.

Explaining the emergence of the concept in history and how it looks at the past, this title is a guide to the meanings of postmodernism, showing its origins and ...

In this paper I argue that the Canberra Plan is ill-equipped to offer a satisfactory theory of gender. Insofar as the Canberra Plan aims to provide a general and unified approach to philosophical theorising, this is a significant problem. I argue that this deficit in their method stems from the robust role assigned to pre-theoretical beliefs in constructing philosophical analyses. I utilise a critical conception of ideology to explain why our pre-theoretic beliefs about certain social kinds are likely to deliver (...) politically dubious metaphysics of the social world. The first half of the paper is dedicated to exercising this theoretical shortcoming. In the second half, I suggest a way in which the Canberra Plan can address and rectify this problem, with a view to maintaining the theoretical viability of the Canberra Plan with respect to politically important concepts. (shrink)

The intersection between philosophy and psychedelics is explored in the book “Philosophy and Psychedelics: Frameworks for Exceptional Experience”. The authors aim to develop a dialogue between the two disciplines and explore the various frameworks for understanding exceptional experiences that psychedelics have afforded human beings. The book delves into foundational, ontological, and epistemological questions, including the hard problem of consciousness, the metaphysical understanding of the self, and the aesthetic meaning of the sublime in psychedelic experience. The book provides valuable exploration of (...) questions concerning prevailing metaphysical frameworks, epistemic belief structures, and modes of inquiry, and the effort made by the authors to bring into dialogue multiple dialectics and practices, perspectives and methods is commendable. (shrink)

The terms immanence and transcendence have played a significant role in philosophical thought since its inception. Implicit in the notions of immanence and transcendence, as typified within the history of ideas, is often a separation and division between the human and the godly. This division has served to generate ontologies of isolation and set up epistemologies that can be both binary and divided. The terms immanence and transcendence thus sit at the heart of contemporary onto-epistemic accounts of the world. As (...) such, in seeking to examine the nature of what is, this paper traces a line through the history of ideas in an attempt to clarify the connections and dissonances in the notions of immanence and transcendence. This is done for the purpose of demonstrating what philosophical and religious accounts may offer in attempting to create a sound account of the godly and thus the world in a secular age. (shrink)

Recent national calls for ethical, legal, and social implications (ELSI) research to “assess and address how ethical, historical, social, economic, legal, regulatory, socio-cultural, and contextual...

This paper mobilises the psychoanalytic concepts of desire and enjoyment to better understand how processes of education aimed at extending and defending democratic life might respond to and engage with populist politics. I approach this task by engaging with a particular vector of Mouffe and Laclau’s political philosophy, moving from a critique of liberal democracy’s rationalist pretensions to their insistence that left populism and its passionate construction of a ‘people’ is the central task facing radical politics. This attention to the (...) libidinal basis of political identification locates them in a community of Left Lacanian thinkers who reframe the problems of democratic politics in terms of desire and enjoyment rather than miseducation or its lack. Whilst this position might suggest a binary choice between different analytical frames, I inquire into what insights are generated by theorising left populism as an ‘education of desire’. The paper is organised into four main parts: the opening discussion clarifies my understanding of education by engaging with the literature on educational agonism. The second section lays the groundwork for a critique of the way in which education is fetishized, in different ways, by liberals and radicals as a panacea for populist politics. The third section reframes democratic crisis as an enjoyment problem in order to better grasp the relationship between the liberal democratic disavowal of its own irrationality and the structure of right-wing populist enjoyment. The fourth section applies these insights to develop a critical analysis of what is at stake when we explicitly consider the left populist construction of a ‘people’ as an educational task. I conclude by drawing together and summarising the main features and considerations of left populism understood as an education of desire. (shrink)

African Philosophy and St Thomas Aquinas have both been taught in African universities, but the engagement between the continent’s indigenous philosophical tradition and the Catholic intellectual tradition’s preeminent strand, has not been thorough. Presupposing that plural philosophical traditions contribute to the search to better understand, this research embarks upon a comparative analysis of the perspectives of the African ubuntu philosophy and Thomist philosophical conceptualisations of human becoming and being. Through analysis of dimensions of both traditions, it is contended that human (...) fulness arises through relationality. It is argued that in centring on the interpersonal encounter and the consequent recognition of another’s being through mutual engagement, these philosophical traditions open to each other. Further, both traditions contribute toward the ontology of personhood in ubuntu and the good of mutual indwelling, respectively. (shrink)

The Covid‐19 pandemic has revealed myriad social, economic, and health inequities that disproportionately burden populations that have been made medically or socially vulnerable. Inspired by state and local governments that declared racism a public health crisis or emergency, the Anti‐Racism in Public Health Act of 2020 reflects a shifting paradigm in which racism is considered a social determinant of health. Indeed, health inequities fundamentally rooted in structural racism have been exacerbated by the Covid‐19 pandemic, which calls for the integration of (...) antiracist praxis to promote ethical public health research processes. This commentary describes ways in which antiracist praxis—which emphasizes empowerment of traditionally marginalized populations—offers strategies to explicitly address power imbalance, stigmatization, and other consequences of structural racism in public health research. (shrink)

The mathematical field of graph theory has recently been used to provide counterexamples to the Principle of the Identity of Indiscernibles. In response to this, it has been argued that appeal to relations between graphs allows the Principle to survive the counterexamples. In this paper, I aim to show why that proposal does not succeed.

Symmetry principles are a central part of contemporary physics, yet there has been surprisingly little metaphysical work done on them. This article develops the Wignerian treatment of symmetries as higher-order laws—metalaws—within a Humean framework of lawhood. Lange has raised two obstacles to Humean metalaws, and the article shows that the account has the resources available to respond to both. It is argued that this framework for Humean metalaws stands as an example of naturalistic metaphysics, able to bring Humeanism into contact (...) with the practice of actual science without giving up on the central denial of necessary connections. (shrink)

Although the most common understanding of suicide is intentional self-killing, this conception either rules out someone who lacks mental capacity being classed as a suicide or, if acting intentionally is meant to include this sort of case, then what it means to act intentionally is so weak that intention is not a necessary condition of suicide. This has implications in health care, and has a further bearing on issues such as assisted suicide and health insurance. In this paper, I argue (...) that intention is not a necessary condition of suicide at all. Rather, I develop a novel approach that deploys the structure of a homicide taxonomy to classify and characterise suicides to arrive at a conceptually robust understanding of suicide. According to my analysis of suicide, an agent is the proximate cause of his death. Suicide is ‘self-killing,’ rather than ‘intentional self-killing.’ Adopting this understanding of suicide performs several functions: We acquire an external standard to assess diverging analyses on specific cases by appealing to homologous homicides. Following such a taxonomy differentiates types of suicides. This approach has application in addressing negative connotations about suicide. As a robust view, adding intention is an unnecessary complication. It is more consistent with psychological and sociological assessments of suicide than ‘intentional self-killing.’ It has useful applications in informing public policy. This paper’s focus is on classifying types of suicides, rather than on the moral permissibility or on underlying causes of suicidal ideation and behaviour. (shrink)

Kant formulated a secular argument against suicide’s permissibility based on what he regarded as the intrinsic value of humanity. In this paper, I first show that Kant’s moral framework entails that some types of suicide are morally permissible. Just as some homicides are morally permissible, according to Kant, so are suicides that are performed according to equivalent maxims. Intention, foreseeability, voluntariness, diminished responsibility, and mental capacity determine the moral characterization of the killing. I argue that a suicide taxonomy that differentiates (...) types of suicide according to morally relevant criteria is compatible with Kantian ethics; it establishes that even where we hold a robust deontological sanctity of life position, we are not obligated to preserve the lives of people whose future life only offers profound suffering, and helping them to die may be justifiable if doing so honors their dignity and autonomy. Nevertheless, homicide and suicide are only weakly morally symmetrical in that even if a given suicide is morally impermissible, we do not normally have the right to prevent it forcibly, though this may be altered by juridical laws under some circumstances. (shrink)

To balance radical changes in the built environment that accompany urban renewal, many cities deploy historical design elements to provoke a sense of physical and temporal continuity. By examining the theory and practice of nostalgia in renewal projects, I argue that this strategic deployment of historical signifiers is more complex and normatively problematic than it first appears. Analysing the design and construction of Baltimore’s Oriole Park at Camden Yards through Walter Benjamin’s theories of cultural production and historical succession, I show (...) the problematic political effect of such image-led regeneration projects. The stadium exemplifies a system of urban and historical design and construction that uses material artifice to make totalizing political claims, deploying specific historical signifiers as a means to silence others. Drawing from Benjamin’s materialist historiography, I conclude with a survey of the resources that remain for the practice of an architecture of memory in light of my critique. (shrink)

I examine the effort that some theorists make to write to, and inspire a new sense of agency in, their readers. I will consider the work of John Dewey and Hannah Arendt, two theorists who attempt to close the gap between political reality and a theoretically informed politics by using their texts to rethink and recreate their reader. By working between a determined past and the possibility of a redeemed future, Dewey and Arendt use their theory to implant a sense (...) that their present readers can become self-aware, free, and potent agents for political change. (shrink)

This book explores the theories of transhumanism and posthumanism, two philosophies that deal with radically changing bodies, minds, and even the nature of humanity itself.

In this one-of-a-kind text, George P. Fletcher, a renowned legal theorist, offers a provocative yet accessible overview of the basics of legal thought. The first section of the book is designed to introduce the reader to fundamental concepts such as the rule of law and deciding cases under the law. It continues with an analysis of the values of justice, desert, consent, and equality, as they figure into our judgment of legal cultures in terms of soundness and legitimacy. The (...) final chapters address the problems of morality and consistency in the law. In each case the author not only introduces the basic ideas but considers important arguments in the contemporary literature and raises original claims of his own. Ideally suited for courses in the philosophy of law, legal issues, and jurisprudence, Basic Concepts of Legal Thought fills a void in the literature, as there is no other volume that both eases law students into the mysteries of legal philosophy and provides an introduction to the legal mind for non-lawyers. (shrink)

In a recent paper in JVI, ‘An Anarchist Interpretation of Marx’s “Ability to Needs” Principle,’ Spafford has argued that: (i) the communist and anarchist traditions share an objection to a particular kind of exchange (which he calls quid pro quo exchange); (ii) the anarchist objection to quid pro quo exchange can be understood as opposition to conditional exchange; (iii) consequently, the objection motivates an opposition to conditional exchange as such (i.e. a commitment to unconditional exchange); and (iv) we can construct (...) a normative justification of this opposition by reference to the value of freedom, given that conditional exchange offers diminish the freedom of the recipients of the offers. In this reply piece I argue that (ii) is importantly mistaken, and that consequently (iii) also fails. Although all quid pro quo exchanges are conditional exchanges, the converse does not hold, and we have reason to believe that there will be instances of conditional exchange that are unobjectionable by the lights of the traditional anarchist and communist objection to such exchange. Consequently, an opposition to all conditional exchange rules out too much. However, I will argue that a suitably modified version of (iv) may nevertheless survive the counterexamples that defeat (ii). (shrink)

According to the Higher-Order Thought (HOT) theory of consciousness, conscious states are just those states that are the object of a suitable higher-order thought to the effect that one is in that state. These higher-order thoughts perform this role by providing subjects with a particular type of _awareness_. However, HOT theorists have tended to offer two alternative formulations of this awareness when stating the basic claims of HOT theory. According to what I call the _state formulation_ of HOT theory, HOTs (...) provide subjects with an awareness of _mental states_, and a mental state is conscious only if the subject is aware of that state. According to what I call the _oneself formulation_ of HOT theory, HOTs provide subjects with an awareness of _themselves as being in a mental state_, and a mental state is conscious only if the subject is aware of themselves as being in that state. In this paper I explore the dialectical significance and legitimacy of HOT theorists’ current practice of employing both formulations. I argue that there is some reason for HOT theorists to adopt the oneself formulation, rather than the state formulation. However, this appears to weaken HOT theory considerably, by abandoning the idea that when our mental states are conscious, we are aware of those states themselves. Against this objection I argue that adopting the oneself formulation does not require abandoning the basic idea lying behind the state formulation and that this is consistent with the reasons for favouring the oneself formulation. (shrink)

We examine the responses of South African multinational enterprises to corruption in African markets in the context of institutional voids. Corruption is a source of uncertainty and additional transactional costs for MNEs and it necessitates a strategic response. The research employs a qualitative study of a sample of MNEs with experience in internationalising into Africa. The results indicate that corruption in African markets is pervasive and closely associated with the institutional voids in these countries. MNEs see themselves as ‘institution takers’ (...) responding to countries’ institutional makeup at the organisational and individual level but fail to fully appreciate their impact on institutions both positively and negatively. Rather MNEs focus on strategic responses at the organisational level to address corruption operationally in the host country. We add to the existing literature by providing a dynamic framework of the complex webs of association between institutions, MNEs and corruption in conditions of economic underdevelopment. The research suggests that MNEs do not need to get caught in a vicious cycle whereby they perpetuate corruption in conditions of underdevelopment and institutional voids but instead can contribute towards a virtuous cycle through which they institutionalise ethical foundations. (shrink)

The work of Gregory Bateson offers a metaphysical basis for a “process psychology,” that is, a view of psychological practice and research guided by an ontology of becoming—identifying change, difference, and relationship as the basic elements of a foundational metaphysics. This article explores the relevance of Bateson's recursive epistemology, his re-conception of the Great Chain of Being, a first-principles approach to defining the nature of mind, and understandings of interaction and difference, pattern and symmetry, interpretation and context. Bateson's philosophical contributions (...) will be drawn into relationship with Wittgenstein's philosophy of language as use, Melnyk's theory of causal levels of explanation, Korzybski's account of map and territory, the rejection of the heuristic rigidity of substantialist ontologies, and a cybernetics communication science-informed approach to contextual bi-directionality of causality. We thereby arrive at an understanding of Bateson's process psychology that, given its ecological-systemic nature, is explanatorily applicable across the mind sciences. This process psychology equips us to answer the question: What is mind? Not by explanatory appeal to substantial entities contained within mind, but instead by recourse to the contextually relevant patterns for understanding mind to a particular purpose. We have thereby attended to the gulf between heuristics and fundamentals, between psychological models and an onto-epistemic account of reality. Insufficient attention has been given to characterising the vital nature of Bateson's philosophical oeuvre to psychological practice. This article draws out Bateson's relevance to establishing foundational principles for a process psychology capable of reinvigorating psychological thought. (shrink)

This article examines the Buddhist idea of anātman, ‘no- self ’ and pudgala, ‘the person’ in relation to the notion of ‘self ’ emerging from contemporary cognitive science. The Buddhist no-self doctrine is enriched by the cognitive scientist’s understanding of the multiple facets of selfhood, or structures of experience, and the causative action of a functional self in the world. A proper understanding of the Buddhist concepts of anātman and pudgala proves critical to mindfulness-based therapeutic interventions: this is as the (...) ‘person’, as constituted by various structures of selfhood, including—the ecological, interpersonal, extended, private, narrative, relational and conceptual selves—which may be disrupted by traumatic events which disorder one’s experience of time, defence, relationality, memory, resource and agency. In the absence of this understanding, the no-self doctrine might encourage a sort of bypass, in which traumatic facets of selfhood are overlooked in the quest for spiritual liberation. With a proper understanding of the function served by the Buddhist concepts of no-self and ‘person’, psychotherapeutic work may be situated as a necessary ‘preliminary practice’ for meditative exploration of deeper transpersonal domains and soteriological goals. (shrink)

Scientistic conceptualisations hold to the positivistic positions that science is limitless in its potential representations of material phenomena and that it is the only sure path to knowledge. In recent popular scientific literature, these presuppositions have been reaffirmed to the detriment of both philosophy and theology. This article argues for the contrary position by a meta-analysis of empirical science from a Thomist perspective. Identifying empirical science as limited in its method and bound to the material sphere of being alone, we (...) posit that rather than standing as the sole path to the knowledge of being, empirical science is constrained at its frontiers. It is subsequently contended that far from empirical science having the explanatory ability to respond to all presenting scientific problems in principle, fundamentals without the grasp of the methodology of empirical science exist. To relate the article’s meta-analysis to scientific praxis, physical cosmology – as the most foundational empirical science – is exemplified in the discussion.Keywords: Philosophy; Religion; Science; Scientism; Thomism; Metaphysics; Epistemology. (shrink)

In exploring how our brains contribute to shaping our mind’s construction of reality McGilchirst draws together the domains of neuropsychology, epistemology and metaphysics; how we can come to know, and the nature of what it is that is known are subjects inextricable from the equipment we rely upon in our exploration. His contention is that today there is an urgent need to transform how we see the world and thus what we make of ourselves. As such his ambition is to (...) disclose a way of looking at the world which diverges significantly from the manner of seeing that has dominated human civilisations for millennia and which, he contends, has produced systemic misunderstandings of the nature of reality. with The Matter With Things, McGilchirst takes the reader on a tour de force of the world of ideas and into a landscape not of a material world composed of ‘things’, but rather discloses the more fundamental ‘process’ quality of reality. We explore the relevance and application to the philosophy of cognitive science and psychological practice. (shrink)

Derek Parfit’s view of personal identity raises questions about whether advance decisions refusing life-saving treatment should be honored in cases where a patient loses psychological continuity; it implies that these advance decisions would not be self-determining at all. However, rather than accepting that an unknown metaphysical ‘further fact’ underpins agential unity, one can accept Parfit’s view but offer a different account of what it implies morally. Part II of this article argues that contractual obligations provide a moral basis for honoring (...) advance decisions refusing life-saving and/or life-sustaining medical treatment; advance decisions have similarities to contracts, such as life insurance policies and will-contracts, that come into effect when the psychological discontinuity is through death. (shrink)

Angus Fletcher is one of our finest theorists of the arts, the heir to I. A. Richards, Erich Auerbach, Northrop Frye. This, his grandest book since the groundbreaking Allegory of 1964, aims to open another field of study: how thought--the act, the experience of thinking--is represented in literature. Recognizing that the field of formal philosophy is only one demonstration of the uses of thought, Fletcher looks for the ways other languages (and their framing forms) serve the purpose of (...) certain thinking activities. What kinds of thinking accompany the writing of history? How does the gnomic sentence manage to represent some point of belief? The fresh insights Fletcher achieves at every turn suggest an anatomy of poetic and fictional strategies for representing thought--the hazards, the complications, the sufferings, the romance of thought. Fletcher's resources are large, and his step is sure. The reader samples his piercing vision of Milton's Satan, the original Thinker, leaving the pain of thinking as his legacy for mankind; Marvell's mysteriously haunting "green thought in a green shade"; Old Testament and Herodotus, Vico and Coleridge; Crane, Calvino, Stevens. Fletcher ranges over the heights of literature, poetry, music, and film, never losing sight of his central line of inquiry. He includes comments on the essential role of unclear, vague, and even irrational thinking to suggest that ideas often come alive as thoughts only in a process of considerable distress. In the end he gives us literature--not the content of thought, but its form, its shape, the fugitive colors taken on by the mind as represented in art. (shrink)

In this one-of-a-kind text, George P. Fletcher, a renowned legal theorist, offers a provocative yet accessible overview of the basics of legal thought. The first section of the book is designed to introduce the reader to fundamental concepts such as the rule of law and deciding cases under the law. It continues with an analysis of the values of justice, desert, consent, and equality, as they figure into our judgment of legal cultures in terms of soundness and legitimacy. The (...) final chapters address the problems of morality and consistency in the law. In each case the author not only introduces the basic ideas but considers important arguments in the contemporary literature and raises original claims of his own. Ideally suited for courses in the philosophy of law, legal issues, and jurisprudence, Basic Concepts of Legal Thought fills a void in the literature, as there is no other volume that both eases law students into the mysteries of legal philosophy and provides an introduction to the legal mind for non-lawyers. (shrink)

In the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet policy. As commonalities among countries and states disintegrate, how are we to view the basic concepts of criminal law as a whole? Eminent (...) legal scholar George Fletcher acknowledges that criminal law is becoming increasingly localized, with every country and state adopting their own conception of punishable behavior, determining their own definitions of offenses. Yet by taking a step back from the details and linguistic variations of the criminal codes, Fletcher is able to perceive an underlying unity among diverse systems of criminal justice. Challenging common assumptions, he discovers a unity that emerges not on the surface of statutory rules and case law but in the underlying debates that inform them. Basic Concepts of Criminal Law identifies a set of twelve distinctions that shape and guide the controversies that inevitably break out in every system of criminal justice. Devoting a chapter to each of these twelve concepts, Fletcher maps out what he considers to be the deep structure of all systems of criminal law. Understanding these distinctions will not only enable students to appreciate the universal fundamental ideas of criminal law, but will enable them to understand the significance of local details and variations. This accessible illustration of the unity of diverse systems of criminal justice will provoke and inform students and scholars of law and the philosophy of law, as well as lawyers seeking a better understanding of the law they practice. (shrink)

Scholars have long puzzled about how to reconcile the proposal in Republic V that women should share the education and work of men, including ruling, with the deeply misogynistic comments found in the Republic and throughout Plato’s corpus. Even those who doubt that the proposal represents a sincere recognition of the women’s equality with men must provide a plausible explanation for this radical departure from the norms of Plato’s day. Taking inspiration from Annie Larivée’s application of Michèle Le Doeuff’s notion (...) of déshérence to the Republic and the Politicus, I argue that a new appreciation of the importance of childrearing motivates the reimagination of women’s work in the Republic. On this reading, the transformation of childrearing from a private undertaking of mostly women to a shared responsibility of the city as a whole protects young children from moral corruption at the hands of uneducated and morally inferior mothers and nurses. (shrink)

Impact sourcing is the practice of employing socio-economically disadvantaged individuals at business process outsourcing centres to reduce poverty and create secure jobs. One of the pioneers of impact sourcing is Sama, a training-data company that focuses on annotating data for artificial intelligence (AI) systems and claims to support an ethical AI supply chain through its business operations. Drawing on fieldwork undertaken at three of Sama’s East African delivery centres in Kenya and Uganda and follow-up online interviews, this article interrogates Sama’s (...) claims regarding the benefits of its impact sourcing model. Our analysis reveals alarming accounts of low wages, insecure work, a tightly disciplined labour management process, gender-based exploitation and harassment and a system designed to extract value from low-paid workers to produce profits for investors. We argue that competitive market-based dynamics generate a powerful force that pushes such companies towards limiting the actual social impact of their business model in favour of ensuring higher profit margins. This force can be resisted, but only through countervailing measures such as pressure from organised workers, civil society, or regulation. These findings have broad implications related to working conditions for low-wage data annotators across the sector and cast doubt on the ethical nature of AI products that rely on this form of AI data work. (shrink)

In his 2010 work, The Grand Design, Stephen Hawking, argues that ‘… philosophy is dead’. While not a Philosopher, Hawking provides strong argument for his thesis, principally that philosophers have not taken science sufficiently seriously and so Philosophy is no longer relevant to knowledge claims. In this paper, Hawking’s claim is appraised and critiqued, becoming a meta-philosophical discussion. It is argued that Philosophy is dead, in some sense, due to particular philosophers having embarked on an intellectual path no longer in (...) keeping with the ancient definition of Philosophy. Philosophy as the seeking of wisdom necessarily includes the consideration of findings of other intellectual pursuits, including physical and natural science. While Philosophy has justifiably evolved through its long history, is it unrecognisable in the terms by which it historically defined itself? Seeking consistency, Hawking is critiqued for appearing to practise ‘dead’ Philosophy. Indeed, Hawking’s appeal to multiverse theory and his core discussion of the metaphysical problem of being are philosophical. The question of the death of Philosophy has contemporary relevance for the discipline which is particularly under threat for its survival in the academy, oftentimes assumed to be irrelevant. (shrink)

Arguing in support of Aristotle, Aquinas conceptualised the cognitive functioning of the human as exceeding that of other animals. In its base form, the Thomistic position asserts that the intellective functioning of the human animal is superior to the instinctual operation of the non-human animal. For Aquinas, it is the intellect that determines the enactment of the human will. Thus, if a non-human animal is devoid of intellect, no willing of any action is possible. Consequently, an action of a non-human (...) animal which is humanly perceived as immoral, is in fact morally agnostic because the animal lacks the reasoning capacity to judge the potential action's moral status. Given that Aquinas’ argument centres on the role of reason in determinations of moral status, we seek to determine the status theoria of the Thomistic moral theory in light of contemporary studies into animal cognition. The assertion is made that this particular aspect of Aquinas’ moral theory requires rewriting because reason is evident in animal cognition to a greater extent than Aquinas would have been able to appreciate given his contextual limitations. This presence of reason, we argue, ascribes moral status to some non-human animals, analogous to their human counterparts. However, we will also contend that rather than dismissing Aquinas’ reason-founded ethics, value could be found in retaining a rewritten Thomistic theoretical construction which extends Aquinas’ ethic to include animals apart from the human that are bearers of the faculty of reason. (shrink)

As the ideological constructor of the destruction of colonised peoples and knowledge, Western philosophy must bear its burden for complicity. Decoloniality is amid the discourses of critique contra modernity and its denigration of the colonised. In the South African academy, for instance, much support has been validly rendered to decoloniality, consequently those employing “Western” frameworks should be challenged to constant re-evaluation. Here, the virtues and vices of decoloniality will not be considered. Rather a discernment will be undertaken of the “epistemic (...) worth” of conducting – specifically mediaeval and Western – philosophical research amid calls for the decentring of Western epistemological dominance, within the tradition of Saint Thomas Aquinas in the decolonial milieu. The argument is proffered – from multifold perspectives – that Aquinas, as both pre-modern and pre-colonial, does have relevance to the decolonial academic climate. The case is defended that Arabic philosophers importantly influenced Aquinas’ work, thus, demonstrating his openness to non-Western thought. Furthermore, from an epistemological perspective, it is contended that Aquinas’ placing of the subject at the focal point of adequations to truth by credencing the situatedness of the perceiver, deconstructs modern objectivity, which in itself has caused considerable damage to non-Western epistemologies. Aquinas’ epistemic relevance in this context, it is argued, may contribute to a median between demonstrable science and the multi-layered context of the epistemic subject. (shrink)

Although computation and the science of physical systems would appear to be unrelated, there are a number of ways in which computational and physical concepts can be brought together in ways that illuminate both. This volume examines fundamental questions which connect scholars from both disciplines: is the universe a computer? Can a universal computing machine simulate every physical process? What is the source of the computational power of quantum computers? Are computational approaches to solving physical problems and paradoxes always fruitful? (...) Contributors from multiple perspectives reflecting the diversity of thought regarding these interconnections address many of the most important developments and debates within this exciting area of research. Both a reference to the state of the art and a valuable and accessible entry to interdisciplinary work, the volume will interest researchers and students working in physics, computer science, and philosophy of science and mathematics. (shrink)