_Foucault’s Law_ is the first book in almost fifteen years to address the question of Foucault’s position on law. Many readings of Foucault’s conception of law start from the proposition that he failed to consider the role of law in modernity, or indeed that he deliberately marginalized it. In canvassing a wealth of primary and secondary sources, Ben Golder and Peter Fitzpatrick rebut this argument. They argue that rather than marginalize law, Foucault develops a much more radical, nuanced and (...) coherent theory of law than his critics have acknowledged. For Golder and Fitzpatrick, Foucault’s law is not the contained creature of conventional accounts, but is uncontainable and illimitable. In their radical re-reading of Foucault, they show how Foucault outlines a concept of law which is not tied to any given form or subordinated to a particular source of power, but is critically oriented towards alterity, new possibilities and different ways of being. _Foucault’s Law_ is an important and original contribution to the ongoing debate on Foucault and law, engaging not only with Foucault’s diverse writings on law and legal theory, but also with the extensive interpretive literature on the topic. It will thus be of interest to students and scholars working in the fields of law and social theory, legal theory and law and philosophy, as well as to students of Foucault’s work generally. (shrink)

Critical counter-conducts -- Who is the subject of (Foucault's human) rights? -- The ambivalence of rights -- Rights between tactics and strategy.

As dominant liberal conceptions of the relationship between rights and freedom maintain, freedom is a property of the individual human subject and rights are a mechanism for protecting that freedom—whether it be the freedom to speak, to associate, to practise a certain religion or cultural way of life, and so forth. Rights according to these kinds of accounts are protective of a certain zone of permitted or valorised conduct and they function either as, for example, a ‘side-constraint’ on the actions (...) of others or as a ‘trump’ over governmental or community goals. In such accounts, of course, the emphasis is placed upon the forms of power against which rights protect the individual, whether that be the trespasses of others or the overweening attentions of the state. Such accounts famously do not themselves take much account of the multiple ways in which rights also function as forms of power, often delimiting the courses of action that a putative rights-holder can take and affecting the manner of its exercise, indeed often in the very name of freedom itself. Of course, there is a sizeable critical literature which does address itself to these kinds of question, most notably from the radical traditions of Marxism and critical legal theory, which see rights in terms of the relations of production, consumption and exploitation that they establish between legal subjects. For various reasons, Foucault has not figured as prominently in critical discussions of rights. Here I do not propose to enter into debates surrounding Foucault’s engagement with, or failure to engage with, law as an object of study, nor with the emergent literature on Foucault’s deployments of rights, indeed even of human rights. Rather, what I want to do in this paper is to articulate and defend the view that through a reading of Foucault’s work, both on rights and on power relations more broadly, we can discern an understanding of the political ambivalence of rights. For Foucault (and for some of the post-Foucaultian scholars whose work I shall address, below), rights are both political tools for the contestation and alteration of mechanisms of power and simultaneously mechanisms of inscription, both disciplinary and governmental, which work to conduct those who rely upon them. Far from being an unproblematic tool for the protection of the subject’s freedom, rights emerge in this account as conflicted and ambivalent mechanisms. In the first part of this paper I develop a Foucaultian account of rights along these lines and then hope to illustrate it by reference to several examples, from the constitution of gender and cultural identity via rights to the figure of the refugee, whilst in the final part of the paper I make a return to the idea of freedom in Foucault’s work and link the view of rights developed herein to a certain conception of freedom in his work. (shrink)

This volume addresses the relationship between law and neoliberalism. Assembling work from established and emerging legal scholars, political theorists, philosophers, historians and sociologists from around the world, including the Americas, Australia, Europe and the United Kingdom, it addresses the conceptual, legal, and political relationships between liberal legality and neoliberal economics. More specifically, the book analyses the role that legality plays in the dominant economic force of our time: offering both a legal corrective to scholarship in economics and political economy that (...) has paid insufficient attention to legal ideas and, at the same time, a political economic corrective to legal scholarship which has only recently turned to theorizing neoliberalism. It will be of enormous interest to those working at the intersection of law and politics in our neoliberal age. (shrink)

Maks Del Mar’s book, Artefacts of Legal Inquiry: The Value of Imagination in Adjudication, proposes a rich and generative conception of judicial imagination. This essay reflects upon and then deplo...

This book fills that gap, providing an in-depth analysis of Foucault's thought as it pertains to a range of different legal themes, such as: the opposition between 'law' and 'the juridical'; the problem of moral and legal judgment; the ...

The dominant theme across the three comments from Elizabeth Anker, Jonathan Crowe, and Ben Golder, is a plea for more engagement with the ethics and politics of adjudication. The commentators argue...

This article argues that standard causal and functionalist definitions of realization fail to account for the realization of entities that cannot be individuated in causal or functional terms. By modifying such definitions to require that realizers also logically suffice for any historical properties of the entities they realize, one can provide for the realization of entities whose resistance to causal/functional individuation stems from their possession of individuative historical properties. But if qualia cannot be causally or functionally individuated, then qualia can (...) be physically realized only if the thesis that all things are physical or physically realized is insufficient for physicalism. (shrink)

Well-Being and Death addresses philosophical questions about death and the good life: what makes a life go well? Is death bad for the one who dies? How is this possible if we go out of existence when we die? Is it worse to die as an infant or as a young adult? Is it bad for animals and fetuses to die? Can the dead be harmed? Is there any way to make death less bad for us? Ben Bradley defends the (...) following views: pleasure, rather than achievement or the satisfaction of desire, is what makes life go well; death is generally bad for its victim, in virtue of depriving the victim of more of a good life; death is bad for its victim at times after death, in particular at all those times at which the victim would have been living well; death is worse the earlier it occurs, and hence it is worse to die as an infant than as an adult; death is usually bad for animals and fetuses, in just the same way it is bad for adult humans; things that happen after someone has died cannot harm that person; the only sensible way to make death less bad is to live so long that no more good life is possible. (shrink)

Theories of phenomenal intentionality have been claimed to resolve certain worries about the indeterminacy of mental content that rival, externalist theories face. Thus far, however, such claims have been largely programmatic. This paper aims to improve on prior arguments in favor of phenomenal intentionality by using attention and Gestalt principles as specific examples of factors that influence the phenomenal character of perceptual experience in ways that thereby help determine perceptual content. Some reasons are then offered for rejecting an alternative interpretation (...) of these examples, according to which the phenomenal effects of attention and Gestalt principles play no role in the determination of perceptual content. (shrink)

This paper defends the view, put roughly, that to think that p is to guess that p is the answer to the question at hand, and that to think that p rationally is for one’s guess to that question to be in a certain sense non-arbitrary. Some theses that will be argued for along the way include: that thinking is question-sensitive and, correspondingly, that ‘thinks’ is context-sensitive; that it can be rational to think that p while having arbitrarily low credence (...) that p; that, nonetheless, rational thinking is closed under entailment; that thinking does not supervene on credence; and that in many cases what one thinks on certain matters is, in a very literal sense, a choice. Finally, since there are strong reasons to believe that thinking just is believing, there are strong reasons to think that all this goes for belief as well. (shrink)

In this article, I attempt to resuscitate the perennially unfashionable distinctive feeling theory of pleasure (and pain), according to which for an experience to be pleasant (or unpleasant) is just for it to involve or contain a distinctive kind of feeling. I do this in two ways. First, by offering powerful new arguments against its two chief rivals: attitude theories, on the one hand, and the phenomenological theories of Roger Crisp, Shelly Kagan, and Aaron Smuts, on the other. Second, by (...) showing how it can answer two important objections that have been made to it. First, the famous worry that there is no felt similarity to all pleasant (or unpleasant) experiences (sometimes called ‘the heterogeneity objection’). Second, what I call ‘Findlay’s objection’, the claim that it cannot explain the nature of our attraction to pleasure and aversion to pain. (shrink)

To what extent do we know our own minds when making decisions? Variants of this question have preoccupied researchers in a wide range of domains, from mainstream experimental psychology to cognitive neuroscience and behavioral economics. A pervasive view places a heavy explanatory burden on an intelligent cognitive unconscious, with many theories assigning causally effective roles to unconscious influences. This article presents a novel framework for evaluating these claims and reviews evidence from three major bodies of research in which unconscious factors (...) have been studied: multiple-cue judgment, deliberation without attention, and decisions under uncertainty. Studies of priming and the role of awareness in movement and perception are also given brief consideration. The review highlights that inadequate procedures for assessing awareness, failures to consider artifactual explanations of “landmark” results, and a tendency to uncritically accept conclusions that fit with our intuitions have all contributed to unconscious influences being ascribed inflated and erroneous explanatory power in theories of decision making. The review concludes by recommending that future research should focus on tasks in which participants' attention is diverted away from the experimenter's hypothesis, rather than the highly reflective tasks that are currently often employed. (shrink)

Motivated by weaknesses with traditional accounts of logical epistemology, considerable attention has been paid recently to the view, known as anti-exceptionalism about logic, that the subject matter and epistemology of logic may not be so different from that of the recognised sciences. One of the most prevalent claims made by advocates of AEL is that theory choice within logic is significantly similar to that within the sciences. This connection with scientific methodology highlights a considerable challenge for the anti-exceptionalist, as two (...) uncontentious claims about scientific theories are that they attempt to explain a target phenomenon and prove their worth through successful predictions. Thus, if this methodological AEL is to be viable, the anti-exceptionalist will need a reasonable account of what phenomena logics are attempting to explain, how they can explain, and in what sense they can be said to issue predictions. This paper makes sense of the anti-exceptionalist proposal with a new account of logical theory choice, logical predictivism, according to which logics are engaged in both a process of prediction and explanation. (shrink)

According to hedonism about well-being, lives can go well or poorly for us just in virtue of our ability to feel pleasure and pain. Hedonism has had many advocates historically, but has relatively few nowadays. This is mainly due to three highly influential objections to it: The Philosophy of Swine, The Experience Machine, and The Resonance Constraint. In this paper, I attempt to revive hedonism. I begin by giving a precise new definition of it. I then argue that the right (...) motivation for it is the ‘experience requirement’ (i.e., that something can benefit or harm a being only if it affects the phenomenology of her experiences in some way). Next, I argue that hedonists should accept a felt-quality theory of pleasure, rather than an attitude-based theory. Finally, I offer new responses to the three objections. Central to my responses are (i) a distinction between experiencing a pleasure (i.e., having some pleasurable phenomenology) and being aware of that pleasure, and (ii) an emphasis on diversity in one’s pleasures. (shrink)

What is it for a life to be meaningful? In this article, I defend what I call Consequentialism about Meaning in Life, the view that one's life is meaningful at time t just in case one's surviving at t would be good in some way, and one's life was meaningful considered as a whole just in case the world was made better in some way for one's having existed.

Philosophers of logic are particularly interested in understanding the aims, epistemology, and methodology of logic. This raises the question of how the philosophy of logic should go about these enquires. According to the practice-based approach, the most reliable method we have to investigate the methodology and epistemology of a research field is by considering in detail the activities of its practitioners. This holds just as true for logic as it does for the recognised empirical and abstract sciences. If we wish (...) to systematically understand the aims and epistemology of logic, we are best placed achieving this by looking at what logicians do, rather than reflecting upon the nature of logic itself. In this entry, we outline the motivations for a practice-based approach towards the philosophy of logic and highlight its advantages over more “top-down” approaches, which attempt to infer conclusions about the nature of logic and its methodology on the basis of traditional assumptions about knowledge, metaphysics, or logic itself. We end by addressing several prominent concerns raised against the practice-based approach. (shrink)

I argue that extant accounts of harm all fail to account for important desiderata, and that we should therefore jettison the concept when doing moral philosophy.

One prominent argument in international law and religious thought for abolishing capital punishment is that it violates individuals’ right to life. Notably, this _right-to-life argument_ emerged from normative and legal frameworks that recognize deadly force against aggressors as justified when necessary to stop their unjust threat of grave harm. Can capital punishment be necessary in this sense—and thus justified defensive killing? If so, the right-to-life argument would have to admit certain exceptions where executions are justified. Drawing on work by Hugo (...) Bedau, I identify a thought experiment where executions are justified defensive killing but explain why they cannot be in our world. A state’s obligations to its prisoners include the _obligation to use nonlethal incapacitation_ (ONI), which applies as long as prisoners pose no imminent threat. ONI precludes executions for reasons of future dangerousness. By subjecting the right-to-life argument to closer scrutiny, this article ultimately places it on firmer ground. (shrink)

Given the plethora of competing logical theories of validity available, it’s understandable that there has been a marked increase in interest in logical epistemology within the literature. If we are to choose between these logical theories, we require a good understanding of the suitable criteria we ought to judge according to. However, so far there’s been a lack of appreciation of how logical practice could support an epistemology of logic. This paper aims to correct that error, by arguing for a (...) practice-based approach to logical epistemology. By looking at the types of evidence logicians actually appeal to in attempting to support their theories, we can provide a more detailed and realistic picture of logical epistemology. To demonstrate the fruitfulness of a practice-based approach, we look to a particular case of logical argumentation—the dialetheist’s arguments based upon the self-referential paradoxes—and show that the evidence appealed to support a particular theory of logical epistemology, logical abductivism. (shrink)

The move to satisficing has been thought to help consequentialists avoid the problem of demandingness. But this is a mistake. In this article I formulate several versions of satisficing consequentialism. I show that every version is unacceptable, because every version permits agents to bring about a submaximal outcome in order to prevent a better outcome from obtaining. Some satisficers try to avoid this problem by incorporating a notion of personal sacrifice into the view. I show that these attempts are unsuccessful. (...) I conclude that, if satisficing consequentialism is to remain a position worth considering, satisficers must show (i) that the move to satisficing is necessary to solve some problem, whether it be the demandingness problem or some other problem, and (ii) that there is a version of the view that does not permit the gratuitous prevention of goodness. (shrink)

In this paper, I reconstruct Robert Nozick's experience machine objection to hedonism about well-being. I then explain and briefly discuss the most important recent criticisms that have been made of it. Finally, I question the conventional wisdom that the experience machine, while it neatly disposes of hedonism, poses no problem for desire-based theories of well-being.

The philosophical study of well-being concerns what makes lives good for their subjects. It is now standard among philosophers to distinguish between two kinds of well-being: - lifetime well-being, i.e., how good a person's life was for him or her considered as a whole, and - temporal well-being, i.e., how well off someone was, or how they fared, at a particular moment in time or over a period of time longer than a moment but shorter than a whole life, say, (...) a day, month, year, or chapter of a life. Many theories have been offered of each of these kinds of well-being. A common view is that lifetime well-being is in some way constructed out of temporal well-being. This book argues that much of this literature is premised on a mistake. Lifetime well-being cannot be constructed out of temporal well-being, because there is no such thing as temporal well-being. The only genuine kind of well-being is lifetime well-being. The Passing of Temporal Well-Being will prove essential reading for professional philosophers, especially in moral and political philosophy. It will also be of interest to welfare economists and policy-makers who appeal to well-being. (shrink)

Among the areas of knowledge that the method of reflective equilibrium (RE) has been applied to is that of logical validity. According to RE in logic, we come to be justified in believing a (deductive) logical theory in virtue of establishing some state of equilibrium between our initial judgements over the validity of specific (natural language) arguments and the logical principles which constitute our logical theory. Unfortunately, however, while relatively popular, RE with regards to logical theorizing is underspecified. In particular, (...) it’s unclear what constitute: (1) the relevant logical “data”, (2) logical theories, so that they can be suitably tested, and (3) the mechanisms under which such theories are tested. Considering the various options for how to interpret the position, we argue that in order to be workable the advocate of RE about logic must embrace what we call an _operationalised_, _wide_ and _communal_ version of RE with a _rich_ understanding of logical theories. Fortunately for the advocate of RE, there is an available account of logic’s epistemology which possesses just these properties, _logical predictivism_. However, equally unfortunately, logical predictivism commits the advocate of RE to certain further claims that they have historically been weary of holding. Consequently, it is unclear whether RE about logic itself is a viable proposal, or rather a similar but distinct epistemology of logic. (shrink)

In this groundbreaking new study, Ben Ware carries out a bold reassessment of the relationship between modernism and ethics, arguing that modernist literature and philosophy offer more than simply a snapshot of the moral conflicts of the past: they provide a crucial point of reference for today's emancipatory struggles. Modernism in this assessment is characterized not only by a concern with language and aesthetic creativity, but also by a preoccupation with the question of how to live. Investigating ethical ideas in (...) Wittgenstein, Beckett, Kierkegaard, Kant, Cavell, Marx, Henry James and Lacan, Ware demonstrates how these thinkers can bring us to a new understanding of a constellation of issues which contemporary radical thought must re-visit: utopia, repetition, perfectionism, subtraction, negativity, critique, absence, duty, revolution and political love. The result is a timely and provocative intervention, which re-draws the boundaries for future debates on the ethics and politics of modernism. (shrink)

Recent literature on intrinsic value contains a number of disputes about the nature of the concept. On the one hand, there are those who think states of affairs, such as states of pleasure or desire satisfaction, are the bearers of intrinsic value (“Mooreans”); on the other hand, there are those who think concrete objects, like people, are intrinsically valuable (“Kantians”). The contention of this paper is that there is not a single concept of intrinsic value about which Mooreans and Kantians (...) have disagreed, but rather two distinct concepts. I state a number of principles about intrinsic value that have typically (though not universally) been held by Mooreans, all of which are typically denied by Kantians. I show that there are distinct theoretical roles for a concept of intrinsic value to play in a moral framework. When we notice these distinct theoretical roles, we should realize that there is room for two distinct concepts of intrinsic value within a single moral framework: one that accords with some or all of the Moorean principles, and one that does not. (shrink)

The distinction between perception and cognition has always had a firm footing in both cognitive science and folk psychology. However, there is little agreement as to how the distinction should be drawn. In fact, a number of theorists have recently argued that, given the ubiquity of top-down influences, we should jettison the distinction altogether. I reject this approach, and defend a pluralist account of the distinction. At the heart of my account is the claim that each legitimate way of marking (...) a border between perception and cognition deploys a notion I call ‘stimulus-control.’ Thus, rather than being a grab bag of unrelated kinds, the various categories of the perceptual are unified into a superordinate natural kind. (shrink)