The aim of the 2008 Roundtable was to focus on the progress to date in the many facets—methodological, epistemological and conceptual—of the field of legal semiotics, specifically the contribution of different schools and forms of semiotics as well as emerging and emergent semiotics approaches which can be used in researching and interpreting law and legal phenomena. The participants sought primarily to engage with the epistemological and methodological challenges which the field currently faces and to discuss the implications of these.

This paper argues for proleptic restorative justice in the area of the environment in the form of a ‘human trust’. Drawing inspiration from the Roman public trust, the human trust insists that some ‘goods’ are so important that they can neither be owned nor spoiled; rather, they must be protected. In order to explain this model, water rights will be used as an example, specifically, the case of Plachimada’s battle with Coca-Cola over the use of local ground water in Kerala, (...) India. This case allows consideration of the protection of water for people, the ongoing privatization of natural resources, and the strength of property rights. The human trust questions the merit of seeing the environment as property or in economic terms. Moreover, the human trust urges proleptic restorative justice, as in the case of the environment, restoration after the fact is often impossible. The potential harm is so extreme that one can argue for an action in tort of ‘anticipatory negligence’, a development of the quia timet injunction. (shrink)

This article examines the notion of gender neutrality in rape, its meaning and why rape definitions that include females and males as potential victims of rape have become influential in those jurisdictions that have engaged in significant levels of rape law reform over the last four decades. In so doing, several of Annabelle Mooney’s criticisms of gender neutral rape laws, published in an earlier article, will be critically examined. The second part of this article draws on themes that (...) have been identified in the linguistic analysis of rape trials involving female complainants and applies those themes to two cases of rape and sexual assault involving male complainants. Finally, this article examines whether the tactics used by defence lawyers during cross-examination can be said to be uniquely ‘gendered’ or whether similar tactics exist in cases of male rape and sexual assault. Explanations for possible similarities in treatment are also examined. (shrink)

The phasalist solution to the puzzle of the statue and the piece of clay claims that being a statue is a phase sortal property of the piece of clay, just like being a child is a phase sortal property of a human being. Some philosophers reject this solution because it cannot account for cases where the statue seems to gain and lose parts that the piece of clay does not. I rebut this objection by arguing, contrary to the prevailing view, (...) that the piece of clay is not mereologically constant and might even be highly mereologically flexible. (shrink)

ABSTRACT One simple but relatively neglected solution to the notorious coincidence puzzle of the statue and the piece of clay claims that the property of being a statue is a phase sortal property that the piece of clay instantiates temporarily. I defend this view against some standard objections, by reinforcing it with a novel counterpart-theoretic account of identity under a sortal. This proposal does not require colocation, four-dimensionalism, eliminativism, deflationism, or unorthodox theses about classical identity.

Many philosophers believe that the criteria of identity over time for ordinary objects entail that such objects are permanent members of certain sortal kinds. The sortal kinds in question have come to be known as substance sortal kinds. But in this article, I defend a criterion of identity that is suited to phasalism, the view that alleged substance sortals are in fact phase sortals. The criterion I defend is a sortal‐weighted version of a change‐minimizing criterion first discussed by Eli Hirsch. (...) I present this criterion and then argue that it withstands attempts to show that it is inferior to non‐phasalist rivals. (shrink)

I introduce a new approach to fission puzzles called the Diversified Approach that proceeds by distinguishing different kinds of fission and assimilating each kind to a different ordinary phenomenon, such as breaking apart, replication, or part loss. To illustrate this approach, I apply it to the case of amoebic fission. The upshot is a novel account of amoebic fission according to which the dividing amoeba ceases to exist because it breaks apart. After developing this solution and highlighting some of its (...) advantages, I discuss briefly how the Diversified Approach can be extended to other varieties of fission. (shrink)

One of the standard puzzles in ordinary-object metaphysics concerns what happens when an object and one of its undetached parts apparently begin to coincide. I distinguish two versions of this puzzle: the problem of extraordinary undetached parts and the problem of ordinary undetached parts. Then I present a novel phasalist solution to the problem of ordinary undetached parts. My solution is designed to supplement the recently-defended view that ordinary undetached parts exist but extraordinary ones do not.

This book explores the Janus-faced features of privacy, and looks at their implications for the control of personal information, for sexual and reproductive freedom, and for democratic politics. It asks what, if anything, is wrong with asking women to get licenses in order to have children, given that pregnancy and childbirth can seriously damage your health. It considers whether employers should be able to monitor the friendships and financial affairs of employees, and whether we are entitled to know whenever someone (...) rich, famous or powerful has cancer, or an adulterous affair. It considers whether we are entitled to privacy in public and, if so, what this might mean for the use of CCTV cameras, the treatment of the homeless and the provision of public facilities such as parks, libraries and lavatories. Above all, the book seeks to understand whether and, if so, why privacy is valuable in a democratic society, and what implications privacy has for the ways we see and treat each other. The ideas about privacy we have inherited from the past are marked by beliefs about what is desirable, realistic and possible which predate democratic government and, in some cases, predate constitutional government as well. Hence, this book argues, although privacy is an important democratic value, we can only realise that value if we use democratic ideas about the freedom, equality, security and rights of individuals to guide our understanding of privacy. (shrink)

We argue that the evil-god challenge is not an additional challenge for theists above and beyond the (much older) gap problem. One version of the evil-god challenge is merely a specific instance of the gap problem, and another is dependent on that specific instance of the gap problem. Therefore, the various solutions to the gap problem that theists have developed double as responses to the evil-god challenge, placing the evil-god challenge in a more vulnerable position than has been supposed.

In Considerations on Representative Government, John Stuart Mill concedes that secrecy in voting is often justified but, nonetheless, maintains that it should be the exception rather than the rule. This paper critically examines Mill’s arguments. It shows that Mill’s idea of voting depends on a sharp public/private distinction which is difficult to square with democratic ideas about the different powers and responsibilities of voters and their representatives, or with legitimate differences of belief and interest amongst voters themselves. Hence, it concludes, (...) we should reject the assumption, which many of us share with Mill, that the secret ballot is justified only on prudential grounds and recognise how central privacy is to any democratic conception of citizenship and politics. (shrink)

This is a book about the theory of the city or commonwealth, what would come to be called the state, in early modern natural law discourse. Annabel Brett takes a fresh approach by looking at this political entity from the perspective of its boundaries and those who crossed them. She begins with a classic debate from the Spanish sixteenth century over the political treatment of mendicants, showing how cosmopolitan ideals of porous boundaries could simultaneously justify the freedoms of itinerant beggars (...) and the activities of European colonists in the Indies. She goes on to examine the boundaries of the state in multiple senses, including the fundamental barrier between human beings and animals and the limits of the state in the face of the natural lives of its subjects, as well as territorial frontiers. Drawing on a wide range of authors, Brett reveals how early modern political space was constructed from a complex dynamic of inclusion and exclusion. Throughout, she shows that early modern debates about political boundaries displayed unheralded creativity and virtuosity but were nevertheless vulnerable to innumerable paradoxes, contradictions, and loose ends.Changes of State is a major work of intellectual history that resonates with modern debates about globalization and the transformation of the nation-state. (shrink)

Background: Moral distress is an important and well-studied phenomenon among nurses and other healthcare providers, yet the conceptualization of parental moral distress remains unclear. Objective: The objective of this dimensional analysis was to describe the nature of family moral distress in serious pediatric illness. Design and methods: A dimensional analysis of articles retrieved from a librarian-assisted systematic review of Scopus, CINAHL, and PsychInfo was conducted, focusing on how children, parents, other family members, and healthcare providers describe parental moral distress, both (...) explicitly through writings on parental moral experience and implicitly through writings on parental involvement in distressing aspects of the child’s serious illness. Ethical considerations: To promote child and family best interest and minimize harm, a nuanced understanding of the moral, existential, emotional, and spiritual impact of serious pediatric illness is needed. The cases used in this dimensional analysis come from the first author’s IRB approved study at the Children’s Hospital of Philadelphia and subsequent published studies; or have been adapted from the literature and the authors’ clinical experiences. Findings: Three dimensions emerged from the literature surrounding parent moral distress: an intrapersonal dimension, an interpersonal dimension, and a spiritual/existential dimension. The overarching theme is that parents experience relational solace and distress because of the impact of their child’s illness on relationships with themselves, their children, family, healthcare providers, their surrounding communities, and society. Discussion: Elucidating this concept can help nurses and other professionals understand, mitigate, or eliminate antecedents to parental moral distress. We discuss how this model can facilitate future empirical and conceptual bioethics research, as well as inform the manner in which healthcare providers engage, collaborate with, and care for families during serious pediatric illness. Conclusion: Parent moral distress is an important and complex phenomenon that requires further theoretical and empirical investigation. We provide an integrated definition and dimensional schematic model that may serve as a starting point for future research and dialogue. (shrink)

According to Mathias Risse and Richard Zeckhauser, racial profiling can be justified in a society, such as the contemporary United States, where the legacy of slavery and segregation is found in lesser but, nonetheless, troubling forms of racial inequality. Racial profiling, Risse and Zeckhauser recognize, is often marked by police abuse and the harassment of racial minorities and by the disproportionate use of race in profiling. These, on their view, are unjustified. But, they contend, this does not mean that all (...) forms of racial profiling are unjustified; nor, they claim, need one be indifferent to the harms of racism in order to justify racial profiling. In fact, one of the aims of their paper is to show that racial profiling, suitably understood, “is consistent with support for far-reaching measures to decrease racial inequities and inequality.” Hence, one of their most striking claims, in an original and provocative paper, is that one can endorse racial profiling without being in any way indifferent to the disadvantaged status of racial minorities. In an initial response to these claims, I argued that Risse and Zeckhauser tend to underestimate the harms of racial profiling. I suggested two main reasons why they did so. The first is that they tend to identify the more serious harms associated with profiling with background racism, and therefore to believe that these are not properly attributable to profiling itself. The second reason is that they ignore the ways in which background racism makes even relatively minor harms harder to bear and to justify than would otherwise be the case. Hence, I concluded, racial profiling cannot be a normal part of police practice in a society still struggling with racism, although under very special conditions and with special regulation and compensation in place, it might be justified as an extraordinary police measure. I want to stand by those claims. However, Risse’s response to my arguments persuades me that I misinterpreted his earlier position in one significant respect. So I will start by explaining what interpretive mistake I believe that I made. I will then argue that despite Risse’s patient and careful response to my arguments, my initial concerns with his justification of profiling remain valid. -/- . (shrink)

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of personal choice, association and expression and shows that, so described, people have legitimate political interests in privacy. These interests reflect the ways that privacy rights can supplement the protection for people's freedom and equality provided by rights of political choice, association and expression, and can help to make sure that these are, (...) genuinely, democratic. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, attention to the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

Stringent non-consequentialist constraints on permitting horrendous evils pose a formidable challenge to the project of theodicy by limiting the ways in which it is permissible for God to do or allow evil for the sake of bringing about a greater good. I formulate a general and potent argument against all greater-good theodicies from the existence of robust side constraints on permitting evil. Then I contend that the argument fails. I begin by distinguishing between side constraints on doing evil and side (...) constraints on allowing evil, and then I draw on the work of David Lewis and Fiona Woollard to argue that, because of the unique ways that God is related to the world, it is plausible that God can both create and sustain our universe, despite all of its evils, without violating any of these constraints. (shrink)

La théorie démocratique contemporaine entretient une relation ambivalente avec les élections. Alors que les points de vue agrégatifs et minimalistes les considèrent comme une institution centrale de la démocratie représentative , les conceptions plus riches de la démocratie n’ont pas nécessairement de penchant pour elles. Les théories délibératives ont tendance à négliger les élections pour se concentrer sur la délibération publique, c’est-à-dire sur le processus continu de formation de l’opinion et d’échange de raisons qui se produit entre les élections . (...) Les théories participatives ont également tendance à les écarter en faveur d’une vision moins agonistique et plus coopérative de l’action politique . Par conséquent, peu d’attention normative a été accordée dans la littérature récente à ce moment très distinctif de la vie démocratique, à quelques notables exceptions près . Une conséquence naturelle est que la plupart des théoriciens font appel à des expériences délibératives telles que les jurys de citoyens et les mini-publics comme réponse efficace aux préoccupations démocratiques actuelles . Le tirage au sort peut ainsi être présenté comme une alternative préférable à l’élection, car il garantit une représentation descriptive, évite la capture de l’État par des élites puissantes et promet des résultats substantiellement meilleurs. Alors que de nombreux théoriciens s’intéressent aux moyens de compléter les institutions électorales par des organes délibératifs non électoraux , certains chercheurs se débarrasseraient volontiers des élections . Le moment est-il venu de les abandonner ? Cet article se concentre sur une affirmation spécifique que beaucoup de partisans du tirage au sort ont avancée, à savoir que celui-ci serait plus égalitaire que les élections, et vise à la rejeter. D’autres chercheurs ont déjà critiqué le tirage au sort pour diverses raisons. Landa et Pevnick , ainsi qu’Umbers objectent qu’il ne permet pas d’obtenir les améliorations instrumentales du gouvernement promises par ses promoteurs ; Ceva et Ottonelli , ainsi que Lafont nient que les critiques lotocratiques des élections reflètent une compréhension adéquate de l’autorité démocratique en tant que forme d’autonomie collective ; et Umbers soutient également que la lotocratie est en contradiction avec les principes de justice distributive et d’égalité sociale . En complément à ces critiques récentes, nous soutenons que la vision de l’égalité politique qui sous-tend le tirage au sort est problématique et peu convaincante. (shrink)

In a recent article in Respublica, Jesper Ryberg argues that CCTV can be compared to a little old lady gazing out onto the street below. This article takes issue with the claim that government surveillance can be justified in this manner. Governments have powers and responsibilities that little old ladies lack. Even if CCTV is effective at preventing crime, there may be less intrusive ways of doing so. People have a variety of legitimate interests in privacy, and protection for these (...) is important to their status as free and equal citizens. Consequently, though necessary, effectiveness is insufficient to justify CCTV in a democracy. (shrink)

Among the processes of canon-formation is the habit of coupling writers; and among the most powerful of couples in the traditional English literary canon is Spenser-and-Milton. Much of my own professional life has probably been determined by my first teaching assignment of 1963, which included “Spenser-and-Milton,” in those days at Toronto a famous cornerstone course carrying the tamp of the stamp of the formidable Renaissance scholar A. S. P. Woodhouse, known affectionately if disrespectfully to his students as Professor Nature-and-Grace. For (...) several years I labored mightily, though neither naturally nor, I suspect, gracefully, on Spenser-and-Milton, sensing all the time that the connections I made, the doctrines I was conveying, lacked persuasion; and no doubt the seed of this essay was sown in those days, although its angle of sight was not then available, obscured on all sides by institutional pillars.When we couple writers we usually imply a criterion of fit or at least explicable mating. While there is nothing to prohibit a merely comparativist curiosity, or coupling in the service of some other agenda, we presumably give greater authority to relationships that imply causality, even, or especially, if causality is defined as the influence of the one writer on the other. Most of such relationships are unidirectional, from the earlier to the later dead, and a plausible coupling requires either the successor’s own testimony that the influence-relation existed, or other evidence that the influence-relation was strong enough to be formative; or, preferably, both. Annabel Patterson, professor of literature and English at Duke University, is the author of Hermogenes and the Renaissance , Marvell and the Civic Crown , Censorship and Interpretation , Pastoral and Ideology: Virgil to Valéry , and Shakespeare and the Popular Voice. (shrink)

From climate change forecasts and pandemic maps to Lego sets and Ancestry algorithms, models encompass our world and our lives. In her thought-provoking new book, Annabel Wharton begins with a definition drawn from the quantitative sciences and the philosophy of science but holds that history and critical cultural theory are essential to a fuller understanding of modeling. Considering changes in the medical body model and the architectural model, from the Middle Ages to the twenty-first century, Wharton demonstrates the ways in (...) which all models are historical and political.0Examining how cadavers have been described, exhibited, and visually rendered, she highlights the historical dimension of the modified body and its depictions. Analyzing the varied reworkings of the Holy Sepulchre in Jerusalem-including by monumental commanderies of the Knights Templar, Alberti's Rucellai Tomb in Florence, Franciscans' olive wood replicas, and video game renderings-she foregrounds the political force of architectural representations. And considering black boxes-instruments whose inputs we control and whose outputs we interpret, but whose inner workings are beyond our comprehension-she surveys the threats posed by such opaque computational models, warning of the dangers that models pose when humans lose control of the means by which they are generated and understood. Engaging and wide-ranging, 'Models and World Making' conjures new ways of seeing and critically evaluating how we make and remake the world in which we live. (shrink)

The phasalist solution to the classic puzzle of the statue and the piece of clay only works for some coincidence puzzles and not others. To address this limitation of phasalism, I develop a novel approach to coincidence puzzles that permits different kinds of coincidence puzzles to be solved in different ways, provided that each solution satisfies certain constraints inspired by the phasalist solution to the statue puzzle. I apply my approach to four different kinds of coincidence puzzles, and I argue (...) that it is no less plausible than rival approaches in the literature. (shrink)

One objection to the thesis that multilocation is possible claims that, when combined with a preference for parsimonious theories, it leads to the absurd result that we ought to believe the material universe is composed of just one simple particle. I argue that this objection fails.

Merleau-Ponty’s explication of concrete or practical movement by way of the Schneider case could be read as ending up close to automatism, neglecting its flexibility and plasticity in the face of obstacles. It can be contended that he already goes off course in his explication of Schneider’s condition. Rasmus Jensen has argued that he assimilates a normal person’s motor intentionality to the patient’s, thereby generating a vacuity problem. I argue that Schneider’s difficulties with certain movements point to a means of (...) broadening Merleau-Ponty’s account of concrete movement, one that he broaches without exploiting. What could do more work is his recognition of a transposition capacity - and hence of a plasticity - in the healthy body’s skill schema. As well as avoiding vacuity, he could forestall the appearance of a dichotomy between practical coping and creativity. (shrink)

Must we vote for the common good? This isn’t an easy question to answer, in part because there is so little literature on the ethics of voting and, such as there is, it tends to assume without argument that we must vote for the common good. Indeed, contemporary political philosophers appear to agree that we should vote for the common good even when they disagree about seemingly related matters, such as whether we should be legally required to vote, whether we (...) are entitled to vote secretly rather than openly, or what form of democracy is most morally desirable.1 Such agreement is puzzling, then, given the extensive disagreements that surround it. Hence, the aim of this paper is to consider whether the only morally correct way to vote is to vote for the common good. My hope is that even those who are not persuaded by the answers that I can offer at the moment, will find that the question is less easy to answer than they may have thought, and that the ethics of voting merits more sustained attention than it has received thus far. (shrink)

Carol Pateman has said that the public/private distinction is what feminism is all about. I tend to be sceptical about categorical pronouncements of this sort, but this book is a work of feminist political philosophy and the public/private distinction is what it is all about. It is motivated by the belief that we lack a philosophical conception of privacy suitable for a democracy; that feminism has exposed this lack; and that by combining feminist analysis with recent developments in political philosophy, (...) we can meet the philosophical and political need for a distinctively democratic conception of privacy. This book then, is an effort to sketch and defend such a conception of privacy. It aims to show that while some conceptions of privacy are inconsistent with democracy, others are not. Indeed, the book asserts, the belief that privacy can be valuable and that it can justify basic legal rights, is implicit in a democratic conception of persons as free and equal beings, and a democratic conception of politics as the self-governing, or regulating, activity of such individuals. Just as we can and should reject undemocratic conceptions of the suffrage in favour of democratic ones, so the book maintains, we can and must reject undemocratic conceptions of privacy in favour of ones that reflect the moral equality of men and women, and a commitment to democratic forms of government. Democracy is often described as government by and for the people. On such a view, democracy is a political regime which can be contrasted with monarchies or aristocracies on the one hand, or with theocracies and despotisms on the other. By contrast with the former, it is a form of government that views individuals as citizens and as equal members of the agency which authorizes the use of political power. By contrast with the latter, it is a form of government whose purposes and aims are established by the common interests of individuals, conceived as free and equal citizens. It is my contention that there is a plausible and attractive conception of privacy implicit in this view of democracy. Hence, I show that individuals have fundamental interests in privacy because privacy enables them to participate in politics freely and as the equal of others and, beyond that, to lead lives that they can each affirm to be reasonable, valuable and right. As I think that the ideal of democratic government is properly associated with this latter and broader goal, as well as with the former one, I call my account of privacy a democratic conception of privacy to signal its connection to a particular ideal of politics, and to the conception of persons that makes this ideal a convincing and inspiring one. As this is a work of political philosophy, however, no effort is made to address the legal merits of competing accounts of the right to privacy, or to resolve legal dispute about the content and justification of particular constitutional rights in the United States. Thus, while I use Supreme Court decisions and works of legal theory to illustrate and support my arguments, my use of these materials is governed by philosophical concerns and my conclusions, therefore, are strictly of a philosophical, not a legal, nature. The book is divided into four chapters, moving from feminist criticisms of privacy to an engagement with the philosophical literature on privacy and an account of the right to privacy in a democratic society. It proceeds as follows. In Chapter 1, I examine feminist concerns about privacy, through a close reading of the work of Catherine MacKinnon. I argue that MacKinnon persuasively shows that protection for privacy has frequently licensed the coercion and subjection of women, and that her arguments are supported both by feminist scholarship, key Supreme Court decisions, and by familiar conceptions of privacy and equality. However, I argue, these criticisms do not imply that privacy, like slavery, can never be democratic, because wholly inconsistent with the equality of individuals. Rather, feminist criticisms of privacy suggest that privacy, like the suffrage, can be necessary to the equality of women and can have a legitimate and important place in a democratic society. In Chapter 2, I examine the philosophical literature on privacy in light of the need to distinguish democratic from undemocratic accounts of its nature and value. This literature, I show, can help us to provide an account of privacy that is sensitive both to its inegalitarian aspects and to its importance for a democratic commitment to the freedom and equality of women. However, I argue, we cannot embrace current philosophical accounts of privacy uncritically, because to a striking extent they are, themselves, indifferent to the ways that privacy has licensed sexual inequality. Thus, in Chapter 2, I set about interpreting privacy as a moral and political value, in light of the strengths and weaknesses of the philosophical literature on privacy. Their strength is that they show that there are many reasons for caring about privacy, or many ways in which we might define it as a democratic value. Their weakness is that they tend to assume that we must choose amongst these different conceptions of privacy, in order to provide a philosophically cogent account of privacy. This, I show, is a mistake and one that can be remedied by remembering that a commitment to the equality of individuals requires us to acknowledge the reasonable differences in value and interest that may characterize their relations in a democracy. When we do so, I show, it is possible to define privacy in terms of its protection for self-definition, intimacy and confidentiality, without having to choose between the three of them. For individuals may legitimately disagree about the differences between privacy and other values, even while holding that privacy is a distinctive and important democratic good; and they may also disagree about the importance of privacy compared to other goods, such as equality, without denying that self-definition, intimacy and confidentiality can be morally and politically desirable in a democracy. In Chapter 2, therefore, I show that we can provide a philosophically adequate account of what privacy is and why it is valuable without supposing that privacy is always sexually egalitarian, or denying that it has a distinctive place in a democratic conception of value. Chapter 3 then extends this account of privacy, by considering the justification for a legal right to privacy. Just as we cannot provide a democratic conception of privacy without attending to the different, though equally valid, concerns that individuals may have so, I show, we cannot provide a democratic account of privacy rights if we forget that individuals can, quite reasonably, differ in the importance that they attach to privacy. The result, I argue, is that we can distinguish two main reasons for protecting privacy by right in a democracy, the one personal and the other political. Whereas the former emphasizes the importance of self-definition, intimacy and confidentiality to the personal freedom and equality of individuals, the latter emphasizes their importance to their prospects for voluntary and equal participation in the processes of collective choice and deliberation that define a democratic government. These two justifications of privacy rights reflect the fact that in a democracy the personal can be political, as feminists have insisted, but need not be in order to merit protection by right. Indeed, I argue, we can distinguish democratic from undemocratic accounts of the right to privacy in this way: for whilst the former acknowledge the variety of individuals’ interests in personal and collective choice, the latter either collapse the political into the personal, or assume that the legitimate claims of individuals are merely a function of collective needs, interests and values. Neither of these is consistent with familiar assumptions about the nature and justification of democratic institutions and rights, nor can they be reconciled with a commitment to sexual equality. Thus, I conclude, though the fact that there are different justifications for privacy rights in a democracy means that individuals may legitimately disagree over the content and justification of basic rights, it is wrong to confuse democratic debate with moral or conceptual confusion and so, arbitrarily, to truncate our accounts of privacy, equality and democracy. Finally, in Chapter 4, I test and develop these claims by examining the justification for abortion rights in a democracy. I argue that women have legitimate interests in abortion, as well as in bearing children, because they have fundamental, and legitimate, interests in privacy and equality. Although safe and legal abortion is necessary to sexual equality, as feminists claim, I show that we can provide a convincing and democratic account of women’s claims to abortion only if we recognize women’s interests in self-definition, intimacy and confidentiality. This is because women have both personal and political interests in abortion and we will be unable adequately to identify these if we overlook their interests in privacy. Indeed, I show, the difference between democratic and undemocratic solutions to conflict over abortion lies precisely in this: that whereas the former acknowledge the importance of privacy to the personal and political equality of women, the latter overlook or deny this. As a result, the latter license both mandated abortions, although women have legitimate interests in bearing and raising children, and prohibitions on abortion that cannot be reconciled with the freedom and equality of women. That is not to say that abortion is not a politically significant matter, or that we can resolve moral conflict over abortion simply by giving women a legal right to abortion. Neither is the case. However, the chapter shows, in a democracy individuals are entitled to make morally and politically controversial decisions for themselves not simply because this is expedient or useful, but because this is right. To overlook this feature of democracy, I argue, is to make moral and political conflict utterly intractable by democratic means. Thus, while controversy over abortion has been held to show that privacy is an incoherent and undemocratic right, this chapter argues that it shows the reverse: for controversy over abortion makes clear that privacy is essential to democracy, and why this should be so. This overview of the book, I hope, makes clear that its concerns are methodological as well as substantive, and moral as well as political. Thus, its central methodological claim is that we cannot reconcile privacy with the equality of individuals unless we make a deliberate effort to do so. Its central moral and political claims are that privacy is compatible with the equality of individuals, and sufficiently important to the latter that, in a democracy, the privacy of individuals merits legal protection by right. However, this summary of the book also exposes its limitations. Chief amongst these, I fear, is that it provides no sustained discussion of the place of property on a democratic conception of privacy, and that the latter, itself, is rather a broad preliminary sketch than a polished and detailed portrait. I regard these limits on the scope and arguments of the book as limitations, albeit ones that I hope to be able to remedy before too long.However, limited though the book clearly is, I believe that it lays out the essential components of a democratic conception of privacy and that, by analysing and synthesizing several diverse bodies of literature, it may help those who are interested in the relations between privacy, equality and democracy. (shrink)

The Defender of the Peace of Marsilius of Padua is a massively influential text in the history of western political thought. Marsilius offers a detailed analysis and explanation of human political communities, before going on to attack what he sees as the obstacles to peaceful human coexistence - principally the contemporary papacy. Annabel Brett's authoritative rendition of the Defensor Pacis was the first new translation in English for fifty years, and a major contribution to the series of Cambridge Texts: all (...) of the usual series features are provided, included chronology, notes for further reading, and up-to-date annotation aimed at the student reader encountering this classic of medieval thought for the first time. This edition of The Defender of the Peace is a scholarly and a pedagogic event of great importance, of interest to historians, political theorists, theologians and philosophers at all levels from second-year undergraduate upwards. (shrink)

This paper focuses on Lefort’s and Rancière’s conceptions of democracy as a set of conflictual processes through which the composition of the public sphere is reassessed. Reading their works together and sometimes in opposition to each other, the paper extracts elements of a theory of inessential sovereignty that avoids the pitfalls of populist antagonism and of neoliberal diffuse domination. It analyses Lefort’s and Rancière’s understandings of democracy as rule of the people, which are based on ontological and aesthetical distinctions between (...) ‘politics’ and ‘the political’. It argues that in the structural situation of dissensus described by both Lefort and Rancière, popular sovereignty could be conceptualized as lying in an ability to shape and transform the public sphere. (shrink)

It is widely held that the classic reassembly model of resurrection faces intractable problems. What happens to someone if God assembles two individuals at the resurrection which are equally good candidates for being the original person? If two or more people, such as a cannibal and the cannibal’s victim, were composed of the same particles at their respective deaths, can they both be resurrected? If they can, who gets the shared particles? And would an attempt to reassemble a long-gone individual (...) result in a genuine resurrection, or merely an intrinsic duplicate of the original person? In this paper, I argue that the first of these problems has, in effect, been solved by defenders of a rival view; I propose a novel solution to the second problem; and I show that the third can be solved by upgrading the naïve reassembly model to a novel variety of reassembly model. (shrink)

Hobbes's relation to the later Aristotelian tradition, in both its scholastic and its humanists variants, has been increasingly explored by scholars. However, on two fundamental points (the naturalness of the city and the use of the matter/form distinction in the political works), there is more to be said in this connection. A close examination of a range of late Renaissance commentaries on Aristotle's Politics shows that they elucidate a picture of pre-civic human nature that had (contrary to Hobbes's implication) much (...) in common with that of Hobbes. Moreover, they deployed the matter-form distinction in their analysis of the city or civitas in ways that are in important respects similar to Hobbes's procedure in De cive and Leviathan . The paper concludes that Hobbes drew on this tradition in multiple ways while at the same time undermining some of its principal conclusions; Hobbes was in no sense an 'Aristotelian' even if his philosophy has substantial debts to Aristotelianism. (shrink)

The book aims at equipping you with 21st Century Skills key life skills that will drive your future employability, promotion and career success. These are required for effective reasoning, writing and decision-making in changing, evolving environments. You give reasons for what you do and think every day. You argue. You often argue about things that matter to you. For example you might argue that you are the best candidate for promotion, about whether your company should invest in China, about the (...) best way to help a friend or about what the right thing to do is in an ethical dilemma. The list is up to you. If you work your way carefully through this book you will become better at reasoning both in terms of understanding and clarifying other peoples’ arguments and also at producing increasingly sophisticated and compelling arguments of your own. You will learn how to recognize common but often seductive mistakes in reasoning and so be empowered to avoid making these mistakes yourself. Your writing and oral presentations will improve and you will hone your ability to define crucial terms in argument, debate and discussion. As this book is specifically written with everyday language considerations in mind, it is a valuable tool for anyone to understand, evaluate and construct arguments in ordinary language. (shrink)

This paper discusses the creation and use of the new Macquarie Laws of War Corpus. The corpus consists of the 110 documents of international war law stored in the International Committee of the Red Cross treaties database, starting with the 1856 Declaration Respecting Maritime Law and ending with the most recent amendment to the Rome Statute. The new MQLWC is hosted at the Sydney Corpus Lab, via its CQWeb interface, which allows for searching of frequencies, concordance lines, and collocations. The (...) corpus can also be downloaded for offline processing in other popular concordance programs, such as #Lancsbox and AntConc. This paper introduces the corpus, describes the process of assembling the data, and explains its limitations. The paper then demonstrates some of the ways the data can be explored using the concept of 'military necessity'. The MQLWC contributes to the growing use of corpus linguistics in legal studies, and will be of particular relevance to scholars in the field of international war law. (shrink)

Presents twenty-five papers written by different professionals from historians, philosophers, legal experts, political scientists, civil engineers to examine the aesthetics of technology and science.

In May 2013 a new Assisted Dying Bill was tabled in the House of Lords and is currently scheduled for a second reading in May 2014. The Bill was informed by the report of the Commission on Assisted Dying which itself was informed by evidence presented by invited experts.

This article argues that people have legitimate interests in privacy that deserve legal protection on democratic principles. It describes the right to privacy as a bundle of rights of solitude, intimacy and confidentiality and shows that, so described, people have legitimate interests in privacy. These interests are both personal and political, and provide the grounds for two different justifications of privacy rights. Though both are based on democratic concerns for the freedom and equality of individuals, these two justifications for privacy (...) can be distinguished because the one is principally concerned with protecting the personal freedom and equality of individuals, while the other is principally concerned with their political equivalents. Feminists have often been ambivalent about legal protection for privacy, because privacy rights have, so often, protected the coercion and exploitation of women, and made it difficult to politicise personal forms of injustice. However, interpreting the content and justification of privacy rights in light of the differences between democratic and undemocratic forms of politics can enable us to meet these concerns, and to distinguish a democratic justification of privacy rights from the alternatives. (shrink)

What does it mean to treat people as equals when the legacies of feudalism, religious persecution, authoritarian and oligarchic government have shaped the landscape within which we must construct something better? This question has come to dominate much constitutional practice as well as philosophical inquiry in the past 50 years. The combination of Second Wave Feminism with the continuing struggle for racial equality in the 1970s brought into sharp relief the variety of ways in which people can be treated unequally, (...) while respecting the formalities of constitutional government. Most obviously, the content of laws can mistreat them by wrongfully assuming that they are either threats to others, or that, like children, they need to be protected from harm through paternalistic limitations on their freedom of action. Or, as those concerned with class inequality have long noted, formal equality can create legal requirements, permissions, and prohibitions whose burdens fall predictably, and often solely, on groups who are already marginalised, and most in need of state protection. (Kairys, David 1990) Above all, what these two great political movements made plain, is that a concern for group inequality and, specifically, group injustice must figure in the formulation and adjudication of individual rights, if legal protections for equality are adequately to combat the causes of inequality. Getting to grips with that challenge, it became obvious, required going beyond the familiar analyses of inequality inherited from Liberalism and Marxism, given the many different ways in which people can be equal or unequal.(Hackett and Haslanger 2006, 3 - 15) In the first part of this chapter, I will seek to illustrate these claims, by focusing on efforts to reframe the theory and practice of constitutional equality given demands for sexual and racial equality. I will then show that analytic philosophy has also come to recognise the various non-reducible dimensions of equality in ways that reinforce the claims of critical legal theory, even as philosophers highlight their disconcerting consequences. If equality has multiple irreducible dimensions, conflicts between the legitimate demands of equality are unavoidable features of law and politics, even in the best possible world, and are likely to be particularly painful when set against a background of historical injustice. The chapter concludes with the challenges to democratic constitutionalism, and the scope for constructive responses to those challenges, which the rapprochement between critical and analytic thinking on equality suggests. (shrink)

Recently, some authors have argued that experiences of poignant evils provide non-inferential support for crucial premisses in arguments from evil. Careful scrutiny of these experiences suggests that the impermissibility of permitting a horrendous evil might be characterized by a deontological insensitivity to consequences. This has significant implications for the project of theodicy.

This paper focuses on the relationships that Derrida establishes between three analytic discussions and three autoimmunities. The analytic discussions are (1) the antinomy of hospitality, related to what happens when the subject faces demands from strangers; (2) the antinomy of the death penalty, related to the meeting between the right to life and the right to end the life of another; (3) the antinomy of animality related to laws and what lies beyond them. The autoimmunities are (1) the autoimmunity of (...) inclusion: democracy is open only to its sovereign citizens while it claims to welcome all who are excluded; (2) the autoimmunity of rights and liberties: in liberal democracy, rights and liberties are meant to challenge sovereignty’s absolutism, but any attack on sovereignty is an attack on rights and liberties; (3) the autoimmunity of globalization: for democracy to work it requires protection provided by a supersovereignty, which limits the sovereignty of states, and hence, democracy. The paper follows Derrida’s connections between the questions of hospitality, the death penalty, and animality on the one hand, and the autoimmune aspects of democratic politics on the other, to argue that his deconstruction of democracy is an ethicization of democracy activated by the concept of sovereignty, and a deconstruction of sovereignty via ethics. (shrink)

Devrions-nous remplacer les élections par des loteries ? Le célèbre livre de Bernard Manin sur le gouvernement représentatif a appris à beaucoup que les Grecs considéraient les élections comme un moyen aristocratique, et non démocratique, de sélectionner des personnes pour le pouvoir et l'autorité politique, en comparaison avec le tirage au sort, où chacun a une chance égale d'être sélectionné. (Manin 1997) Jusqu'à récemment, cependant, l'idée qu'un engagement envers la démocratie nécessite de remplacer les élections par le tirage au sort (...) a suscité peu d'intérêt parmi les philosophes politiques. (Blondiaux, 2008 ; Courant et Sintomer, 2019) Cela a maintenant changé. (Abizadeh 2020) ( A. Guerrero 2014) (A. Guerrero 2021b ; 2021a) (Landemore 2020) (Owen et Smith 2018) (P.-É. Vandamme et al. 2018). Cet article pose donc la question de savoir si le tirage au sort est plus démocratique que les élections et si, pour cette raison, nous devrions l’utiliser pour compléter ou remplacer les élections ? (shrink)