There is currently a debate about resilience and wellbeing of law students and legal practitioners. Tension has developed between a movement promoting the wellbeing of students and those who critic...

This report proposes a method of making progress in developing the ethics project in legal education. It presents the findings of research into how ethics is currently taught in a number of different jurisdictions and then considers ways in which an effective community of practice might be developed. This involves establishing effective methods of dissemination and collaboration amongst all those interested in developing ethical legal professionals. The report explores ways of using Web 2.0 technologies to achieve these goals. Finally, it (...) presents a new website designed to enable educators, practitioners, regulators and judges to contribute to a developing resource bank and to engage in collaboration and discussion in improving our efforts at developing ethical lawyers. (shrink)

The 'postmodern condition,' in which instrumentalism finally usurps all other considerations, has produced a kind of intellectual paralysis in the world of education. The authors of this book show how such postmodernist thinkers as Derrida, Foucault, and Lyotard illuminate puzzling aspects of education, arguing that educational theory is currently at an impasse. They postulate that we need these new and disturbing ideas in order to "think again" fruitfully and creatively about education.

This timely book addresses concerns about educational and moral standards in a world characterised by a growing nihilism.

I introduce the topic of this special issue of Synthese, and give an overview of the articles collected here.

"The Blackwell Guide to Philosophy of Education" is state-of-the-art map to the field as well as a valuable reference book.

Aquinas' Third Way is often dismissed as a howler, because he infers from the fact that, since the universe is metaphysically contingent that there was some time in the past when it didn't exist. I offer an argument to justify this inference.

1. The traditional position and the pressures for change. The Western legal tradition -- The Christian ethical hinterland -- The exceptional value of human life -- The justification of taking human life -- Suicide -- Christian ethics, assisted suicide, and voluntary euthanasia -- The cultural pressures for change -- 2. The value of human life -- 3. The morality of acts of killing -- 4. Slippery slopes.

This chapter contains sections titled: Characteristics and Development of Critical Theory The Educational Relevance of Critical Theory Distinctive Insights and Contributions Differing Receptions of Critical Theory Critical Theory and the Student Movement An “Other” Critical Pedagogy?

This is an introduction to my edited book, the Research Handbook on Liberalism (2024). Some chapters tackle broad, meta-level questions about the coherence and justificatory limits and possibilities of liberalism; others tackle conceptual issues; still others, specific institutional, cultural, historical, and political questions. This introductory chapter is intended to provide a general orientation to these discussions, but also highlight some recurring themes and challenges facing liberalism in an era of rampant inequality, illiberalism, rising autocracies, populism, and massive technological change. I (...) provide a taxonomy of five different kinds of liberalism in play in the field, along with three overarching challenges discussed in the book - the apparent insufficiency, complacency, and self-undermining nature of liberalism. Can contemporary liberalism survive? It can, but not without clearly grasping some of the fundamental challenges it faces today. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Insurrectionist Ethics: Radical Perspectives on Social Justice ed. by Jacoby Adeshei Carter and Daryl ScrivenDuncan R. CordryEdited by Jacoby Adeshei Carter and Daryl Scriven Insurrectionist Ethics: Radical Perspectives on Social Justice Palgrave Macmillan, 2023, 295 pp.In the collected volume Insurrectionist Ethics, edited by Jacoby Adeshei Carter and Daryl Scriven, contributors engage in discussion over the ethics of revolt. Faced with the systemic persistence of immiseration, and given normative (...) morality's complicity in sustaining such systems of domination, what ethical and practical recourse do the oppressed have to liberate themselves? This is a question which runs throughout the book and motivates the problem of an 'insurrectionist ethics,' as coined by Leonard Harris: a field of ethics which takes up a position, as he writes in the foreword, "that is in, starts from, and sojourns to a different place" (p. xiii). It is a re-imagining of the ethical which departs from romanticized notions of agency and reason, often in ways that favor descriptions over normative or explanatory principles. This shift gives it a high degree of flexibility with respect to its approach, which nevertheless remains guided by a common "insurrectionist sentiment" that lends consistency to the works of the text's contributors: they all "favor the abolition of what creates non-being, living death and necro-being" (p. xi). The book is split into a total of five topical sections, each of which discusses a different facet of insurrectionist ethics: its conceptions and context, its ties to liberation theory throughout the Americas, applications and correctives for its theory, its relation to pragmatism, and its future. Bookending contributions from the editors unpack the meaning and definition of an insurrectionist ethics.In this review, I survey several chapters of the volume by discussing Scriven's and Carter's definitions and examining a few ways in which these definitions produce tensions in a few selected contributions. Doing so will highlight some important differences between [End Page 110] the authors' approaches to insurrectionist ethics while underscoring the consistency which commits them to abolition; ultimately, Insurrectionist Ethics is as much an invitation as it is an introduction to the tradition it espouses.Scriven's introductory chapter, "The Very Idea of Insurrectionist Ethics," exposes an insurrectionist ethic within the thought of David Walker, while Carter's conclusive essay, "Death by a Thousand Cuts: Insurrectionist Ethics in a Present less Oppressive than the Past," attempts to pin down a definition by analyzing its essential elements. Their difference in approach is not insignificant. What is revealed through Scriven's angle, for example, is that insurrectionist ethics is indeed a tradition—to work through the meaning of such an ethics is to lend historical weight to the lives of past and present insurrectionists and to declare solidarity with their actions at the level of valuation. A number of such figures circulate throughout the volume, including David Walker, Maria W. Stewart, Alain L. Locke, Ida B. Wells-Barnett, Tommy Curry, and Leonard Harris. With the exception of the latter-most, none of these figures make direct contributions to the collection (although their spirits animate it). Its status as a tradition means that insurrectionist ethics is not limited to the confines of this volume, itself more knot than archive: such a tradition reaches well beyond the text and invites its readers to extend its concepts and debates in all directions. It has not one past but several, and not one future but many.Furthermore, Scriven's essay points out that insurrectionist ethics is not simply an indictment of corrupt institutions on the basis of some moral framework or other—it is foremost an outright rejection of the alliance between customary morality and systems of oppression; it searches for an ethos that condones direct action against such systems, operating at a philosophical level to produce conceptual and theoretical weaponry that "incite resistance and demands action" (p. xiv). Yet, as the form of the volume itself demonstrates, the arguments and methods of reasoning deployed by insurrectionists (past and present) to condone such actions has tended to vary, sometimes drastically. Nonetheless, the multiplicity which properly belongs to this tradition—a point explored further in... (shrink)

This dissertation discusses the work of Thomas Hobbes, and has two main themes. The first is Hobbes's materialism, and the second is Hobbes's relationships to other philosophers, in particular his place in the mechanist movement that is said to have replaced Aristotelianism as the dominant philosophy in the seventeenth century. -/- I argue that Hobbes does not, for most of his career, believe the general materialist view that bodies are the only substances. He believes, rather, that ideas, which are our (...) main mechanism for thinking about the world, allow us to understand many bodies, but not to understand every thing we recognize to exist. The incomprehensible things include God---and, early in Hobbes's career, the human mind. Discussing materialism and our knowledge of God leads me to engage with the debate over Hobbes's alleged atheism. I argue that the evidence for Hobbes's atheism is weak at best. Hobbes is a sincere theist, though his view is sometimes unusual. -/- My discussion of Hobbes's relationships to other philosophers has three parts. In chapter five I argue that Hobbes's views about method are in important ways similar to Zabarella's. In chapter six I look at Hobbes's rejection of the view, held by some scholastic Aristotelians, that accidents can sometimes exist without inhering in substances. Thus we see two sides of Hobbes's interaction with the Aristotelian tradition. Sometimes that interaction is just rejection, but at other times Hobbes takes over views from that tradition. Then in chapter seven I consider whether, and in what sense, Hobbes is a mechanist. I argue that the narrative of mechanism and Aristotelianism is a less powerful explanation than it has seemed to some to be, because it is hard to see what mechanists have in common. (shrink)

In this important survey, an international group of leading philosophers chart the development of philosophy of education in the twentieth century and point to signficant questions for its future. Presents a definitive introduction to the core areas of philosophy of education. Contains 20 newly-commissioned articles, all of which are written by internationally distinguished scholars. Each chapter reviews a problem, examines the current state of the discipline with respect to the topic, and discusses possible futures of the field. Provides a solid (...) foundation for further study. (shrink)

This challenging book focuses on the problem of justice for indigenous peoples – in philosophical, legal, cultural and political contexts – and the ways in which this problem poses key questions for political theory. It includes chapters by leading political theorists and indigenous scholars from Australia, Aotearoa/New Zealand, Canada and the United States. One of the strengths of this book is the manner in which it shows how the different historical circumstances of colonisation in these countries raise common problems and (...) questions for contemporary political theory. It examines ways in which political theory has contributed to the past subjugation and continuing disadvantage faced by indigenous peoples, while also seeking to identify resources in contemporary political thought that can assist the ongoing processes of 'decolonisation' of relations between indigenous and non-indigenous peoples. (shrink)

What would it mean to have a suitably ‘realistic’ account of political liberty? On the one hand, I don’t think we can properly understand liberty without an underlying account of personhood or agency.2 In making sense of liberty, we need to ask: What kind of agency does it presuppose or promote? What kind of independence do we care most about? What does it mean to exercise control, or to be self-guiding, in the kind of world we live in today? At (...) the same time, a conception of moral and political personhood needs to be appropriately ‘realistic’: It shouldn’t be over-idealized (or over-simplified), nor demand more than can be reasonably expected, given the kind of creatures we are. (shrink)

This paper aims at explaining and defending some of Cora Diamond's thinking about the role of a kind of guides to thinking about ethics. Aids to thinking of this type can take a very general form but can also be applied in context‐sensitive ways. Maria Balaska has raised the question whether Diamond manages to avoid relativism. Oskari Kuusela also criticises Diamond, focussing on whether talk of human equality can be said to correspond to reality. I will consider these objections in (...) turn and try to show that Diamond is not committed either intentionally or otherwise to relativism. (shrink)

Trust is a crucial condition for the legitimacy and effectiveness of democratic institutions in conditions of deep diversity and enduring injustices. Liberal democratic societies require forms of engagement and deliberation that require trustful relations between citizens: trust is a necessary condition for securing and sustaining just institutions and practices. Establishing trust is hard when there is a lingering suspicion that the institutions citizens are subject to are illegitimate or undermine their ability to participate and deliberate on equal terms. The promise (...) of participation, the appeal to deliberation and inclusion, in other words, is experienced as a form of bad faith. In this paper, I offer four conditions required for democratic trust and discuss them in relation to a series of examples of both democratic mistrust and attempts at rebuilding trust. (shrink)

The Internet has recently enjoyed its thirtieth birthday. In 1969, a computer at the University of California sent a message down a wire to another in a research centre at Stanford. The message was just two letters, *LO’.1 Since then the development of the Internet—of the physical infrastructure of computers and the material or broadcast links between them, along with the digital protocols that enable it to function—has been largely an academic achievement. Up until six years ago, the world’s richest (...) entrepreneur, Bill Gates himself, was still unconvinced of its immense importance and economic potential.2 For the World Wide Web (WWW), the most popular and elaborate application on the Net, is itself only about six years old. It is its stunning exponential growth that makes it seem to some of us as if it has been with us forever. (shrink)

Does the Australian state exercise legitimate power over the indigenous peoples within its borders? To say that the state’s political decisions are legitimate is to say that it has the right to impose those decisions on indigenous peoples and that they have a (at least a prima facie) duty to obey. In this paper, I consider the general normative frameworks within which these questions are often grasped in contemporary political theory. Two dominant modes of dealing with political legitimacy are through (...) the politics of ‘recognition’ and ‘justification’. I argue that in order to address the fundamental challenges posed by indigenous peoples to liberal settler states today we need to pluralise our conceptions of political legitimacy. (shrink)

The Internet has recently enjoyed its thirtieth birthday. In 1969, a computer at the University of California sent a message down a wire to another in a research centre at Stanford. The message was just two letters, *LO’.1 Since then the development of the Internet—of the physical infrastructure of computers and the material or broadcast links between them, along with the digital protocols that enable it to function—has been largely an academic achievement. Up until six years ago, the world’s richest (...) entrepreneur, Bill Gates himself, was still unconvinced of its immense importance and economic potential.2 For the World Wide Web (WWW), the most popular and elaborate application on the Net, is itself only about six years old. It is its stunning exponential growth that makes it seem to some of us as if it has been with us forever. (shrink)

A curriculum that reflects a pluralist, multi-cultural society in a characteristically ‘Western’ way may seem to militate against traditionalist sub-cultures, but this outcome is less ‘Western’ than ‘modern’, in Habermas's sense.‘Modernisation’, involving the institutionalisation of rationality and the decentering of consciousness, and thus acceptance of the ‘Western’ solution, is possible within any culture, regardless of its content. In a Western society all are economically compelled to a partial ‘modernisation’, and in Habermas's view all cultures in modern societies suffer erosion by (...) the extension and intrusion of economic and administrative sub-systems. Cultural modernisation affords the strongest available resistance to this erosion. Thus, a supposedly ‘Western’ curriculum approach would strengthen sub-cultures, notwithstanding the demise of traditionalism [1]. (shrink)

This article argues that the kind of religious establishment that currently obtains in England is sufficiently liberal in the sense that it accommodates rights to religious freedom and is compatible with political equality. What is more, insofar as it expresses a Christian anthropology, established Anglicanism can generate the ‘thick’ set of virtues necessary to make citizens capable of respecting liberal rights. In the course of defending its thesis, the argument disputes John Rawls’s description of the ‘overlapping consensus’ as one that (...) stands free of its supporting comprehensive doctrines; and it reads Martha Nussbaum as, ironically, confirming that an established orthodoxy of some sort is inevitable. (shrink)

Philosophy certainly has connections with science but it is not itself a science. Nor is it literature. But it is related to literature in a way that excessive emphasis on science can obscure. In this paper I defend the rather old-fashioned view that philosophy is essentially linguistic. I also argue, less conventionally, that there is an unavoidable personal aspect to at least some philosophical problems, and in answering them we must speak for ourselves without being able to count on every (...) other speaker of our language agreeing with us or even understanding what we say. Where the rules of our language are not set we must, so to speak, make them up for ourselves as we go. In this way philosophy requires the kind of linguistic creativity more often associated with poetical kinds of literature. Drawing on the work of Cora Diamond and Alice Crary, I argue that philosophy should be regarded as, not identical with, but continuous with poetry. (shrink)

The London suicide bombings of July 7, 2005 were partly the revolt of moral earnestness against a liberal society that, enchanted by the fantasy of rationalist anthropology, surrenders its passionate members to a degrading consumerism. The “humane” liberalism variously espoused by Jürgen Habermas, John Rawls, and Jeffrey Stout offers a dignifying alternative; but it is fragile, and each of its proponents looks for allies among certain kinds of religious believer. Stanley Hauerwas, however, counsels Christians against cooperation. On the one hand, (...) he is right to resist, insofar as liberalism illiberally excludes theology from public discourse. On the other hand, not all humane liberalism does this: Stout's, for example, is genuinely polyglot, requiring not a common secularist language but a common ethic of communicating. Such a liberal ethic and its attendant anthropology merit the support of Christians: there may be more to be said about the Kingdom of God than respect, tolerance, and fairness, but there will not be less. The Christian has good theological reasons to expect some concord with other inhabitants of secular space. Ethical distinctiveness is no measure of theological integrity; and neither theology (pace Barth) nor biblical narrative (pace Richard Hays) should be expected to do all of the ethical running. If Christians are to be thorough in their moral theology and intelligible in their public statements, then they must borrow non‐theological material, formulate abstract concepts, and engage in casuistical analysis. Nevertheless, if an anxious insistence on distinctiveness is a mistake, concern for theological integrity is not. When the moral theologian borrows ethical material from elsewhere, he should integrate it into a theological vision structured by the Christian salvation‐historical narrative, which will sometimes modify the meaning of what is incorporated. So in affirming humane, polyglot liberalism, the moral theologian will at the same time make salutary qualifications. One of these is the assertion of the need of liberal institutions to own and promote their moral and anthropological commitments. In such a confessionally liberal society, universities in general, and the Arts and Humanities in particular, would recover their vocation to form citizens in communicative virtues and to offer them a dignifying, morally serious vision of human being that could save future generations from a degrading consumerism on the one hand and violent over‐reaction on the other. (shrink)

My claim in this paper is that what I shall call the problem of public reason became central to the political theory of the early modern period, and continues to be in ours. However the solutions we have, for the most part, inherited and developed since then are increasingly under pressure in these fractious times. Public justification may be crucial to liberal political theory, but it can take alternative and conflicting forms. Moreover, however much it is theoretically unlimited -- however (...) much ‘reasons for us’ are always contestable and defeasible -- it is always at the same time historically patterned and thus limited. (shrink)

The debate over the constitutional recognition of Indigenous peoples is a deeply political one. That might appear to be a controversial claim. After all, there has been much talk about minimising the scope for disagreement between ‘constitutional conservatives’ and supporters of more expansive constitutional recognition. And there is concern to ensure that any potential referendum enjoys the maximum conditions and opportunity for success. However, my argument shall be that any form of constitutional recognition of Australia’s First Peoples needs to be (...) seen as part of an ongoing transformation in the relations between Indigenous peoples and the Australian state. (shrink)

My aim in this chapter is to take the complexity of our histories of rights as seriously as the nature of rights themselves. Let me say immediately that the point is not to satisfy our sense of moral superiority by smugly pointing out the prejudices found in arguments made over three hundred years ago. We have more than our own share of problems and prejudices to deal with. Rather, in coming to grips with this history, and especially how early-modern political (...) theorists struggled with the extension and application of natural rights to the ‘New World’, we may learn something about our own struggles to extend human rights beyond the boundaries of the state system of which Grotius, Hobbes, Locke and Vattel were among the key intellectual architects. For Richard Tuck, the autonomous rights-bearing agent at the heart of liberal individualism is a product of seventeenth-century theorizing about the nature of the autonomous state acting in the international sphere. The sovereign individual is the ‘traditional cousin of the sovereign state’, argues Tuck, and especially the aggressive, violent, and minimally constrained relative described by Hugo Grotius, Thomas Hobbes, John Locke and Emer de Vattel. Thus the connection between liberalism and imperialism, on this reading, is not merely chronological or historical but metaphysical. The analogy between the sovereign state and the sovereign individual acting on the basis of their natural rights, constrained by the recognition of the basic rights of others (but not much more than that) represents an influential vision of liberal freedom. This minimalist account of freedom represents only one vision, however, and Tuck’s account of the pre-history of liberal rights has to be balanced against other conceptions, including more emancipatory ones. (shrink)

This paper aims to identify the main points that Peter Winch makes, or reminders that he offers, about understanding ourselves and others. It would no doubt be possible to construct a theory out of these ideas, but I try to avoid giving the impression that Winch does so. Instead, the most Wittgensteinian approach to the subject is, as Winch does, to describe, remind and thereby clarify, without putting forward any kind of questionable hypothesis. Winch's work brings out the fact that (...) understanding people is importantly connected to both wisdom and practical being in tune with others, but identical with neither. (shrink)

How does empire become transposed onto justice? There are two kinds of question here, one historical the other conceptual, though they are often entwined. First, we may ask whether there are particular arguments about justice that were subsequently used in the justification of empire or colonialism. Or, we may seek to trace the conceptual structure of argu- ments justifying imperialism to their roots in particular philosophical views, debunking their supposed universalism.3 Second, we may ask about the very nature of the (...) concept of global justice and the values it expresses in relation to other important values. Is the very notion of global justice imperialistic, just because it claims there are universal values applicable to everyone everywhere, whatever their particular ways of life or worldviews? (shrink)

This chapter contains sections titled: I II III.

Habermas's educational importance is usually misconstrued or underestimated, partly because the scope and implications of ideal speech conditions are generally misunderstood. These conditions are only relevant to discursive speech situations, but non-manipulative teaching need not be discursive. And not even discursive teaching is an appropriate occasion for ideal speech conditions. They properly apply to discourse institutions, at the ‘epistemic centre of modernity’. Thus, the concept of ideal speech conditions impinges on the relation of school to higher education and on curricular (...) change as an agency of modernisation, and illuminates the need for access to discourse institutions, if personal autonomy is an aim for school children, students or adults. Neo-Marxists, traditionalists and progressives all misunderstand the importance of discourse institutions. (shrink)