British equality law protections for sex and gender reassignment have grown fraught as activists tussle over legal and social categories of gender, gender transitioning, and sex. This article considers the future of gender-related equality protections in relation to ‘decertification’—an imagined reform that would detach sex and gender from legal personhood. One criticism of decertification is that de-formalising gender membership would undermine equality law protections. This article explores how gender-based equality law could operate in conditions of decertification, drawing on legal thoughtways (...) developed for two other protected characteristics in equality law—religion and belief, and disability—to explore the legal responses and imaginaries that these two grounds make available. Religious equality law focuses on beliefs, communities, and practices, deemed to be stable, multivarious, and subject to deep personal commitment. Disability equality law focuses on embodied disadvantage, approached as social, relational, and fluctuating. While these two equality frameworks have considerable limitations, they offer legal thoughtways for gender oriented to both its hierarchies and its expression, including as disavowal. (shrink)

If how the state is imagined shapes social and political action, the politics of state imagining provides an important site for progressive reflection. Arguing that conceptual approaches which support critique may not necessarily prove the best frameworks for supporting change, this article takes a left poststructuralist conception as its starting point to explore the place of conflicting interests, beliefs and affect in the make-up of the state and in shaping its enactment within civil society. Seeking to re-imagine state form in (...) a way that enhances the state's relevance for progressive politics, the paper moves between (i) conservative Christian refusal to provide gay people with a service, as public sector staff and guesthouse owners; and (ii) feminist work in embodiment studies and on the intimate/impersonal, with its ways of thinking about, and imagining, a state that is oriented to encounters, dissonance, tension and change. (shrink)

This article explores the challenge of developing a feminist law reform proposal to decertify sex and gender based on research conducted for the ‘Future of Legal Gender' project. Locating the proposal to decertify within a do-it-yourself, prefigurative approach to law reform, the article asks: Can a law reform proposal be both instrumental and radical? Can a proposal take shape as a viable legislative text and as a more subversive intervention to unsettle and reimagine gender’s relationship to law? This article explores (...) this at two levels. First, it considers the ontological challenges of developing a controversial law reform proposal in terms of its realness (or fictiveness), contours, and temporality, turning to ‘slow law' as a credible way of approaching radical reform. Second, it explores the design-based challenges of legal prototyping—foregrounding questions of legitimacy, participation, and purpose, which arise in designing a decertification law. At the heart of this discussion is the relationship between representation and enactment—between what a proposal presents and what its presentation does and does not accomplish. (shrink)

This article considers what the implications of decertification would be for single-sex services such as domestic and sexual violence support. Some reform options attached to decertification could (re)allocate authority away from the state to organisations or individuals to determine gender criteria. What would the consequences of such re-allocation be in determining eligibility to receive or access services or excluding people on the basis of a characteristic protected under equality law? Engaging with this in the context of domestic and sexual violence (...) support service provision raises a number of questions. Firstly, does the existence of gender-based violence and/or of the effects it produces require a stable category in order to address them? What benefits may emerge from providing single-sex spaces that could not be replicated in other settings? And finally, what criteria of exclusion and inclusion are currently used to determine access to spaces beyond legal gender status? (shrink)

This paper examines normative feminist care scholarship through the lens of a sexual bathhouse. At first glance, a space dedicated to casual sexual pleasure seems at odds with feminist care. Drawing on the Toronto Women's Bathhouse (TWB) as a case study, this paper argues that bathhouse spaces can exemplify feminist care norms. At the same time, as a casual sexual space oriented towards personal autonomy, carefree conduct, and self-care, TWB also challenges certain feminist care assumptions. Drawing on these challenges, in (...) the light of wider problems with normative care theorizing, particularly the sanitization and idealization of personal relationships, the paper seeks to revision care along non-normative lines. (shrink)

Radical innovations and practices frequentlyfind themselves in an inhospitable environment,struggling against the gravitational force ofdominant norms, practices and relations. Thispaper explores the problems radical changeconfronts in its attempts to become sustainable.Against the postmodern valorisation of thetransient and ephemeral, the paper argues forthe importance of routinisation and repetitionin the process of creating and sustainingchange. A metaphor of social pathways isdeveloped to explore how new routines arecreated through de jure (governance) andde facto (usage) means. The paper arguesthat, in contrast to governance, the (...) emergentdurability generated by usage enables routinesto outlive their conditions of existence.At the same time, routines at odds with theirsocial and institutional environment tend overtime to disappear. The second half of the paperdraws on four British attempts to introduce newpathways: lesbian and gay local governmentinitiatives, Conservative education reforms,Greenham Common Women's Peace Camp and LocalExchange Trading Systems (LETS). Through theseexamples, the paper reflects on attempts tocreate more conducive environments, and some ofthe difficulties this generates. (shrink)

One feature of the neo/liberal possessive self is the propertied character of certain beliefs: treated as belonging to those who hold them, recognized and supported in acting on the world, and protected. While an ownership paradigm predates anti-discrimination and human rights regimes, these regimes have consolidated and extended the propertied status of certain identity beliefs in ways that naturalize and siloize them. But if beliefs’ propertied character is politically problematic, can it be unsettled and reformed? This paper considers one possible (...) mode for doing so, namely play. Oftentimes, play works to secure and assert the propertied attachments people have to their beliefs; but some forms of play offer other possibilities. Focusing on the state as a complex site of play relations and encounters, this article explores how state play engages identity beliefs in a contemporary legal drama of colliding beliefs between conservative Christians and liberal gay equality advocates. (shrink)

This book examines what value if any, the state has for the pursuit of progressive politics; and how it might need to be re-thought or reimagined to deliver transformative change. Is it possible to reimagine the state in ways that open up projects of political transformation? This interdisciplinary collection provides alternative perspectives to the 'antistatism' of much critical writing and contemporary political movement activism. Contributors explore ways of reimagining the state that attend critically to the capitalist, neoliberal, gendered and racist (...) conditions of contemporary polities, yet seek to hold onto the state in the process. Drawing on postcolonial, poststructuralist, feminist, queer, Marxist, and anarchist thinking, they consider how states might be reread and reclaimed for radical politics. At the heart of this book is state plasticity - the capacity of the state conceptually and materially to take different forms. This plasticity is central to transformational thinking and practice, and to the conditions and labour that allow it to take place. But what can reimagining do; and what difficulties does it confront? This book will appeal to academics and research students concerned with critical and transformative approaches to state theory, particularly in governance studies, politics and political theory, socio-legal studies, international relations, geography, gender/sexuality, cultural studies and anthropology. (shrink)

This paper explores conservative Christian demands that religious-based objections to providing services to lesbians and gay men should be accommodated by employers and public bodies. Focusing on a series of court judgments, alongside commentators’ critical accounts, the paper explores the dominant interpretation of the conflict as one involving two groups with deeply held, competing interests, and suggests this interpretation can be understood through a social property framework. The paper explores how religious beliefs and sexual orientation are attachments whose power has (...) been unsettled by equality law. But entangled with this property is another—that held in workers’ labour and public bodies’ resources. Arguing against the drive to balance competing interests, the paper uses social property to illuminate the agonistic character of the stakes. At the same time, it questions property as a normative framework for sexual orientation and religious beliefs. (shrink)

How does a sense of touch, figuratively and practically, get deployed within equality governance, and to what questions and ways of thinking about the state does this direct us? Taking 2009–2010 as a snap-shot moment in the development of British equality reform—the year leading up to passage of the Equality Act 2010—this article explores the relationship between touch (the haptic) and equality governance from three angles. First, how have governmental bodies used touch language and imagery, including in geometrical representations of (...) disadvantage? Second, what other, more challenging encounters and actions are imaginable; specifically, can touch mobilise the feeling state as a critical form of active citizenship? Third, what re-conceptualisations of the state does the touching, feeling state invoke, and with what effects? Specifically, does conceiving of the state as a multi-identity formation reframe the risks associated with a haptic state, thereby opening up new strategies for political action? (shrink)

Everyday Utopias explores a topic that is vital but is too often overlooked by utopian scholars. It is best read in tandem with its 2013 predecessor, Weak Messianism: Essays in Everyday Utopianism, by Michael Gardiner. In a nutshell, Cooper, like Gardiner, argues that although utopian visions may be born in the brains of utopian thinkers, progress toward utopia is what counts, and it must be rooted in present patterns and possibilities. Lest my qualms with the book’s execution overwhelm its (...) value for readers, let me emphasize my enthusiastic support of its basic purpose and its promotion of the growing field of practical utopianism, using a strikingly diverse array of cases to stake... (shrink)

Zusammenfassung: Seit Langem sieht die Welt sich wieder einer globalen pandemischen Bedrohung ausgesetzt, die nicht nur wissenschaftlich, wirtschaftlich, politisch und gesellschaftlich, sondern auch künstlerisch zu bewältigen versucht wird. Dabei dominieren vor allem zwei visuelle Phänomene die Bildwelten der journalistischen und sozialen Medien: das Bild der Maske und das Bild des Virus selbst. Beide Bilder sind insbesondere in der Verbindung mit epi- und pandemischer Erfahrung bereits hoch aufgeladen. Die Sichtbarkeit der Maske und die Sichtbarmachung des Virus verweisen auf ihre komplexen historischen (...) Dimensionen und rufen philosophisch-ethische Fragen auf. Durch eine Gegenüberstellung von künstlerischen Zeugnissen historischer und gegenwärtiger Seuchenerfahrung werden im vorliegenden Beitrag historisch tradierte Muster von narrativen und visuellen Seuchendarstellungen, die auch den gegenwärtigen Pandemiediskurs bestimmen, herausgearbeitet und kritisch hinterfragt. Dabei wird gefragt, wie Kunst und Literatur zu einer rhetorischen und metaphorischen Deeskalation aktueller und zukünftiger pandemischer Krisendiskurse beitragen und damit auch eine der Ästhetik inhärente Ethik aufzeigen können. (shrink)

This article examines field studies of nursing work published in the English language between 1993 and 2003 as the first step towards an empirically based reformulation of the nursing mandate. A decade of ethnographic research reveals that, contrary to contemporary theories which promote an image of nursing work centred on individualised unmediated caring relationships, in real‐life practice the core nursing contribution is that of the healthcare mediator. Eight bundles of activity that comprise this intermediary role are described utilising evidence from (...) the literature. The mismatch between nursing's culture and ideals and the structure and constraints of the work setting is a chronic source of practitioner dissatisfaction. It is argued that the profession has little to gain by pursuing an agenda of holistic patient care centred on emotional intimacy and that an alternative occupational mandate focused on the healthcare mediator function might make for more humane health services and a more viable professional future. (shrink)

Nurses make an important contribution to the organisation and coordination of patient care but receive little formal educational preparation for this work. This paper builds on Allen's care trajectory management framework to specify evidence‐based and theoretically informed competencies for this component of the nursing role and proposes how these might be incorporated into nursing curricula. This is necessary so that at the point of registration nurses have the expertise to realise their potential as both providers and organisers of patient care (...) and are better able to articulate and develop this aspect of nursing practice. (shrink)

Death and dying are natural phenomena embedded within complex political, cultural and social systems. Nurses often practice at the forefront of this process and have a fundamental role in caring for both patients and those close to them during the process of dying and following death. While nursing has a rich tradition in advancing the palliative and end‐of‐life care movement, new modes of care for patients with serious and irremediable medical conditions arise when assisted death is legalized in a particular (...) jurisdiction. In early 2015, the Supreme Court of Canada released its landmark decision Carter v. Canada (Attorney General) (‘Carter’), which legalized physician‐assisted suicide in particular clinical situations. The new law provided the broad national framework for Medical Assistance in Dying (MAiD) in Canada but, once the law was passed, provincial and territorial governments and health professional regulatory bodies each had to undertake a process of developing policies, procedures and processes to guide MAiD‐related practice specific to their jurisdiction. In this paper, we begin to examine the political ramifications and professional tensions arising from MAiD for nurses and nursing, focusing specifically upon the impacts for registered nurses. We identify how variations in the provincial and territorial literature and regulatory guidelines across Canada have given rise to role confusion and uncertainty among some registered nurses and how this may potentially impact patient care. We then continue to highlight the need for greater political activism among nurses to foster greater clarity in nursing roles in MAiD and to advocate for improved supports for patients and those close to them. (shrink)

‘I’ll tell you what suits me best if you don’t mind me saying’: ‘lay participation’ in health‐careIncreasing ‘lay participation’ in healthcare has become a popular notion in recent years and is generally considered to be a good thing in both nursing and wider policy circles. Yet despite the widespread acceptance of this overall idea, there is a dearth of theorising in this area. This has resulted in a lack of conceptual clarity which has not only hamstrung the development of empirical (...) work in the field, but has also led to a tendency by both nurses and policy‐makers to assume that greater ‘lay participation’ in health will lead to a concomitant increase in lay power vis‐à‐vis health professionals. The data presented in this paper indicate that this is, at best, an over‐simplistic assumption and, at worst, an erroneous one. Drawing on sociological theories of the division of labour, I suggest that one way in which we might begin to clarify our thinking in this area is by differentiating between the ‘role’ and ‘task’ components of ‘lay participation’. I illustrate my argument with reference to two separate ethnographic studies undertaken between 1994 and 1998 in which participation at the level of the individual was examined. (shrink)

In my 1993 IJPS paper it was suggested that postmodernist verdicts on ‘the death of philosophy’ relied on a rejection of any ‘substantive’ or ‘metaphysical’ notion of truth. The present paper relates these verdicts to Wittgenstein’s alleged ‘philosophical quietism’. In both cases, for example, there is a rejection of ‘depth’. Various characterisations of Wittgenstein’s position are questioned, including the idea that his quietism consists in showing the impossibility of sceptical challenges to our ‘hinge’ propositions and beliefs. It is then argued, (...) however, that recognition of the groundlessness of beliefs (and practices), far from curing ‘vertigo’ or ‘Angst’, is apt to inspire it. In a final section, I propose that the ‘metaphysical horror’ at the impossibility of articulating grounds for our beliefs can be allayed only by the thought that these answer to a reality that cannot be articulated and must therefore remain a mystery. One role for philosophy might be to cultivate a sense of this mystery and trace its implications for how we should live. (shrink)

Shaftesbury's Characteristics of Men, Manners, Opinions, Times was published in 1711. It ranges widely over ethics, aesthetics, religion, the arts (painting, literature, architecture, gardening), and ancient and modern history, and aims at nothing less than a new ideal of the gentleman. Together with Locke's Essay Concerning Human Understanding and Addison and Steele's Spectator, it is a text of fundamental importance for understanding the thought and culture of Enlightenment Europe. This volume presents a new edition of the text together with an (...) introduction, explanatory notes and a guide to further reading. (shrink)

Philosophers constantly discuss Responsibility. Yet in every discussion of which I am aware, a rather obvious point is ignored. The obvious point is that responsibility is ascribed to collectives, as well as to individual persons. Blaming attitudes are held towards collectives as well as towards individuals. Responsibility is often ascribed to nations, towns, clubs, groups, teams, and married couples. ‘Germany was responsible for the Second World War’; ‘The club as a whole is to blame for being relegated’. Such statements are (...) not rare. (shrink)

This is a study of Aristotle's moral philosophy as it is contained in the Nicomachean Ethics. Hardie examines the difficulties of the text; presents a map of inescapable philosophical questions; and brings out the ambiguities and critical disagreements on some central topics, inclduing happiness, the soul, the ethical mean, and the initiation of action.

Empirical ethics research is increasingly valued in bioethics and healthcare more generally, but there remain as yet under-researched areas such as pharmacy, despite the increasingly visible attempts by the profession to embrace additional roles beyond the supply of medicines. A descriptive and critical review of the extant empirical pharmacy ethics literature is provided here. A chronological change from quantitative to qualitative approaches is highlighted in this review, as well as differing theoretical approaches such as cognitive moral development and the four (...) principles of biomedical ethics. Research with pharmacy student cohorts is common, as is representation from American pharmacists. Many examples of ethical problems are identified, as well as commercial and legal influences on ethical understanding and decision making. In this paper, it is argued that as pharmacy seeks to develop additional roles with concomitant ethical responsibilities, a new prescription is needed for empirical ethics research in pharmacy—one that embraces an agenda of systematic research using a plurality of methodological and theoretical approaches to better explore this under-researched discipline. (shrink)

By constructing a maximal incomplete d.r.e. degree, the nondensity of the partial order of the d.r.e. degrees is established. An easy modification yields the nondensity of the n-r.e. degrees and of the ω-r.e. degrees.

This engaging volume explores and defends the claim that misanthropy is a justified attitude towards humankind in the light of how human beings both compare with and treat animals. Reflection on differences between humans and animals helps to confirm the misanthropic verdict, while reflection on the moral and other failings manifest in our treatment of animals illuminates what is wrong with this treatment. Human failings, it is argued, are too entrenched to permit optimism about the future of animals, but ways (...) are proposed in which individual people may accommodate to the truth of misanthropy through cultivating mindful, humble and compassionate relationships to animals. Drawing on both Eastern and Western philosophical traditions David E. Cooper offers an original and challenging approach to the complex field of animal ethics. (shrink)

We discuss the development of cognitive neuroscience in terms of the tension between the greater sophistication in cognitive concepts and methods of the cognitive sciences and the increasing power of more standard biological approaches to understanding brain structure and function. There have been major technological developments in brain imaging and advances in simulation, but there have also been shifts in emphasis, with topics such as thinking, consciousness, and social cognition becoming fashionable within the brain sciences. The discipline has great promise (...) in terms of applications to mental health and education, provided it does not abandon the cognitive perspective and succumb to reductionism. (shrink)