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)

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)

The description for this book, Vico in the Tradition of Rhetoric, will be forthcoming.

This book is about the postructural Franco-Jewish philosopher Emmanuel Levinas. This book covers Jewish ethics in the twentieth century and also cultural philosophy.

In what sense is The Right to Sex philosophical? On the one hand, Amia Srinivasan’s philosophical credentials are beyond question; she holds a named professorship in social and political theory at...

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)

This book is a very practical guide to help managers put their own and their employees' professional values to work. Through real life stories and case studies, the author brings to life and light the ethical challenges that present themselves in corporate and institutional settings. The reader gets to see that ethics lie not only in the big, dramatic defining moments, but in the everyday behaviors of people as they work together in the service of organizational goals. The text is (...) punctuated with summaries, exercises, and opportunities for reflection where the reader has an opportunity to review their own ethical frameworks and to see how these show up in the daily choices they make. Ideas are provided to help managers coach their employees in strategize around ethical issues, how to communicate their views with clarity and conviction, and how to find support in the organization to tackle difficult issues. (shrink)

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.

In their article, “Racial Profiling,” Risse and Zeckhauser offer a qualified defense of racial profiling in a racist society, such as the contemporary United States of America. It is a qualified defense, because they wish to distinguish racial profiling as it is, and as it might be, and to argue that while the former is not justified, the latter might be. Racial profiling as it is, they recognize, is 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, even in a racist society, or that one has to be indifferent to the harms of racism to believe that this is so. Indeed, one of the aims of their article is to show that racial profiling, suitably qualified, “is consistent with support for far-reaching measures to decrease racial inequities and inequality” (p. 134), and so to challenge the assumption that “arguments in support of profiling can speak only to those who callously disregard the disadvantaged status of racial minorities.” In a long and provocative article there is, inevitably, a great deal to discuss. However, I will concentrate on two claims about the harms of racial profiling advanced on page 146, both because these merit careful discussion and because they are critical to Risse and Zeckhauser’s argumentative strategy. Those two claims are (1) that “the harm caused byprofiling per se is largely due to underlying racism” and is, therefore, purely expressive; and (2) that “the incremental harm done by profiling often factors into utilitarian considerations in such a way as to support profiling.” We can call the first the expressive harm thesis and the second the incremental harm thesis. I am no expert on racial profiling, or on racism, however, I will suggest that these two theses are far more controversial than Risse and Zeckhauser assume, and point to serious difficulties with their justification of profiling. (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)

What can philosophy tell us about ethics and public policy? What can the ethics of public policy tell us about philosophy? Those are the questions that Jonathan Wolff addresses in his wonderful little book. At one level, of course, the answer is straightforward – ethics is a branch of philosophy, so philosophy can tell us about the ethics of public policy, understood as a matter of deciding ‘what we should do’ in a manner that is institutionalised and collectively binding. But (...) at another level, as Wolff shows, there is something deeply puzzling about the idea that philosophy can tell us anything very useful about public policy and about the ethical dilemmas that it raises. Those dilemmas arise as a result of political constraints, struggles and resources which generally have little to do with philosophy and, for the most part, rather little to do with ethics. So what, exactly, should philosophers expect from an engagement with public policy? (shrink)

Objective The objective of this article is to provide an ethical analysis of a high-risk, advanced treatment case where the patient received transcatheter aortic valve insertion, for aortic valve stenosis. Particular emphasis will be placed upon the significance of evidence and the implications for priority setting. Method One paradigmatic case involving a TAVI patient from a large university hospital in Norway is described and analysed. The method used was ethical case analysis modified after Kymlicka by Miljeteig et al. Perioperative mortality (...) risk was estimated using the Euroscore risk-logarithm and the Society of Thoracic Surgeons’ risk model, STS. These predict the risk of operative mortality and morbidity associated with adult cardiac surgery. GRADE, the Grading of Recommendations Assessment, Development and Evaluation, was used to evaluate the evidence. Results In the case analysis, we found that it would be ethically justifiable not to recommend TAVI treatment for this patient. Although the patient had a severe condition in need of treatment, the expected improvement was marginal, the quality of evidence was low and the opportunity costs for other patients and society were higher than usually deemed appropriate. Conclusions Decision-making in the absence of high quality evidence from randomized trials is a complex process involving difficult ethical judgments. Novel high-risk devices often enter the European market with limited clinical evidence. Transparency and improved clinical evaluation are required so patient safety is not jeopardized. We argue that implementation of high risk, high cost interventions should be better regulated at a national level. Background All clinical decisions imply priority setting and therefore indirectly affect other patients and other patient groups. The use of expensive, innovative health technologies has an affect on individual patients as well as on other patient groups competing for the same resources. (shrink)

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)

BackgroundAssisted dying has wide support among the general population but there is evidence that those providing care for the dying may be less supportive. Senior doctors would be involved in implementing the proposed change in the law. We aimed to measure support for legalising physician assisted dying in a representative sample of senior doctors in England and Wales, and to assess any association between doctors' characteristics and level of support for a change in the law.MethodsWe conducted a postal survey of (...) 1000 consultants and general practitioners randomly selected from a commercially available database. The main outcome of interest was level of agreement with any change in the law to allow physician assisted suicide.ResultsThe corrected participation rate was 50%. We analysed 372 questionnaires. Respondents' views were divided: 39% were in favour of a change to the law to allow assisted suicide, 49% opposed a change and 12% neither agreed nor disagreed. Doctors who reported caring for the dying were less likely to support a change in the law. Religious belief was also associated with opposition. Gender, specialty and years in post had no significant effect.ConclusionMore senior doctors in England and Wales oppose any step towards the legalisation of assisted dying than support this. Doctors who care for the dying were more opposed. This has implications for the ease of implementation of recently proposed legislation. (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)

Alongside the tradition in Western thought which glories in logic, metaphysics, and science , a more variegated tradition of thought is to be found--that of rhetoric and of "wisdom"--whose focus is on the workings of human society and on language as its bond and instrument of change. Wisdom Speaking is the attempt to read Vico within this tradition and to see what it became in his hands. ;From implacable foes to cautious allies, science and wisdom have a history of conflict (...) and accommodation. Chapter One, "Pedagogy and Culture," intercepts this history in Vico, shows its ancient roots, and argues that a concern for its issues unifies his pedagogical and cultural theories. This argument is unfolded in the remaining chapters, which treat successively of rhetoric, pedagogy, and culture, each proceeding from a major Vichian text. ;In Chapter Two, "Philosophy and Rhetoric," the tradition of rhetoric and its manifold involvements with philosophy is first laid out, in order to look closely at Vico's own Institutions oratoriae. From its analysis the classical cast of Vico's mind is discovered, as is his steadfast concern to see rhetoric, both in its substantive and linguistic aspects, as the logic of social discourse. Plain from the beginning is Vico's appreciation for metaphor as a necessity of communication and for ingenuity as the faculty of seeing connections and thus making and remaking social structures. ;These themes are deepened in Chapter Three, "Ingenuity and Public Life," where Vico's school writings, centering in the De studiorum ratione, are made to show the nature of civil life and the sagacity needed to manage it. With the presentation of the sage as jurisconsult, as "knower of human and divine institutions," the transformation of pedagogy into a theory of culture begins. ;Chapter Four, "Wisdom and Eloquence," draws all the leads together, using the final New Science and its prior formulations to show how Vico, with philological discoveries in the Homeric poems and early Roman Law, fashioned a theory of the "poetic" beginnings of language, mind, and society; of their gradual maturation; and of the tension between their youth and maturity, thereby turning a formal understanding of culture into a functional, and preparing the way for modern social theory. (shrink)

One puzzling result in training-test paradigms is that effects of reward-associated stimuli on attention are often seen in test but not in training. We focus on one study, where reward-related performance benefits occur in the training and which was discussed contentiously. By using a similar design, we conceptually replicated the results. Moreover, we investigated the underlying mechanisms and processes resulting in these reward-related performance benefits. In two experiments, using search tasks and having participants perform the tasks either with or without (...) individually adjusted time pressure, we disentangled the mechanisms and processes contributing to the reward-related benefits. We found evidence that not only search efficiency is increased with increasing reward, but also that non-search factors contribute to the results. By also investigating response time distributions, we were able to show that reward-related performance effects increased as search time increased in demanding tasks but not in less demanding tasks. Theoretical implications of the results regarding how reward influences attentional processing are discussed. (shrink)

Every day, we are confronted with a vast amount of information that all competes for our attention. Some of this information might be associated with rewards or losses. To what extent such information, even if irrelevant for our current task, not only attracts attention but also affects our actions is still a topic under examination. To address this issue, we applied a new experimental paradigm that combines visual search and a spatial compatibility task. Although colored stimuli did not modulate the (...) spatial compatibility effect more than gray stimuli, we found clear evidence that reward and loss associations attenuated this effect, presumably by affecting attention and response selection. Moreover, there are hints that differences in these associations are also reflected in a modulation of the spatial compatibility effect. We discuss theoretical implications of our results with respect to the influences of color, reward, and loss association on selective attention and response selection. (shrink)

In Levinas’s philosophy, “nature” refers to two distinct and sometimes opposed concepts. Most often it stands for being and perseverance in being (i.e., conatus): it is what is and wants to be. In some places, however, “nature” indicates the limits of human power, violence, or hubris, and reveals the uncanny unlimitedness of transcendence. In other words, “nature” designates primarily the ontological character of Creation but also sometimes the otherness beyond ontology. It expresses the egoistic but also sometimes the altruistic. It (...) commonly discourages ethics but also sometimes encourages it. The aim of this paper is to analyze how these two meanings of “nature” meet and contradict each other in Levinas’s philosophy, and to interpret their meeting and contradiction. Levinas never offers a studied reflection on nature per se. However, his Talmudic Readings include descriptions of nature as both ontological and inspiring the ethical. Reinterpreting some of the Readings I show that, for Levinas, nature is associated with war, conquest and destruction, but is sometimes presented as the cure for these ontological evils. In other words, its function is similar to that of politics. It embodies a necessity that must be moderated by an ethics which, in a way, comes from nature itself. (shrink)

A perennial problem in the philosophy of love has centred around what it is to love persons qua persons. Plato has usually been interpreted as believing that when we love we are attaching ourselves to qualities that inhere in the objects of our love and that these qualities transcend the objects. Vlastos has argued, along with Nussbaum, Price and many others that such an account tells against a true love of persons as unique and irreplaceable individuals. I argue that Plato’s (...) account of love as presented in the Lysis and Symposium is not so easily rejected. My concern is both to show that Plato can meet the objections and that his theory can still offer helpful insights into the understanding of love in our own lives. In particular I will identify two manners of loving persons; one which is context and individual specific, and another which might be termed metaphysical, thereby preserving aspects of the Platonic ascent of love. I will further argue that the two aspects are often non–controversially linked, and that such linking helps explain something of the mysterious nature of love. (shrink)

A perennial problem in the philosophy of love has centred around what it is to love persons qua persons. Plato has usually been interpreted as believing that when we love we are attaching ourselves to qualities that inhere in the objects of our love and that these qualities transcend the objects. Vlastos has argued, along with Nussbaum, Price and many others that such an account tells against a true love of persons as unique and irreplaceable individuals. I argue that Plato’s (...) account of love as presented in the Lysis and Symposium is not so easily rejected. My concern is both to show that Plato can meet the objections and that his theory can still offer helpful insights into the understanding of love in our own lives. In particular I will identify two manners of loving persons; one which is context and individual specific, and another which might be termed metaphysical, thereby preserving aspects of the Platonic ascent of love. I will further argue that the two aspects are often non–controversially linked, and that such linking helps explain something of the mysterious nature of love. (shrink)

Dynamic, interactive sports require athletes to identify, pick-up and process relevant information in a very limited time, in order to then make an appropriate response. Perceptual-cognitive skills are, therefore, a key determinant of elite sporting performance. Recently, sport scientists have investigated ways to assess and train perceptual-cognitive skills, with one such method involving the use of blurred stimuli. Here, we describe the two main methods used to generate blur and then review the current findings in a sports context. Overall, it (...) has been shown the use of blur can enhance performance and learning of sporting tasks in novice participants, especially when the blur is applied to peripheral stimuli. However, while intermediate and expert level participants are relatively impervious to the presence of blur, it remains to be determined if they are positive effects on learning. In a final section, we describe some of the methodological issues that limit the application of blur and then discuss the potential use of virtual reality to extend the current research base in sporting contexts. (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)

In Levinas’s philosophy, “nature” refers to two distinct and sometimes opposed concepts. Most often it stands for being and perseverance in being : it is what is and wants to be. In some places, however, “nature” indicates the limits of human power, violence, or hubris, and reveals the uncanny unlimitedness of transcendence. In other words, “nature” designates primarily the ontological character of Creation but also sometimes the otherness beyond ontology. It expresses the egoistic but also sometimes the altruistic. It commonly (...) discourages ethics but also sometimes encourages it. The aim of this paper is to analyze how these two meanings of “nature” meet and contradict each other in Levinas’s philosophy, and to interpret their meeting and contradiction. Levinas never offers a studied reflection on nature per se. However, his Talmudic Readings include descriptions of nature as both ontological and inspiring the ethical. Reinterpreting some of the Readings I show that, for Levinas, nature is associated with war, conquest and destruction, but is sometimes presented as the cure for these ontological evils. In other words, its function is similar to that of politics. It embodies a necessity that must be moderated by an ethics which, in a way, comes from nature itself. (shrink)

The visual system is known to extract summary representations of visually similar objects which bias the perception of individual objects toward the ensemble average. Although vision plays a large role in guiding action, less is known about whether ensemble representation is informative for action. Motor behavior is tuned to the veridical dimensions of objects and generally considered resistant to perceptual biases. However, when the relevant grasp dimension is not available or is unconstrained, ensemble perception may be informative to behavior by (...) providing gist information about surrounding objects. In the present study, we examined if summary representations of a surrounding ensemble display influenced grip aperture and orientation when participants reached-to-grasp a central circular target which had an explicit size but importantly no explicit orientation that the visuomotor system could selectively attend to. Maximum grip aperture and grip orientation were not biased by ensemble statistics during grasping, although participants were able to perceive and provide manual estimations of the average size and orientation of the ensemble display. Support vector machine classification of ensemble statistics achieved above-chance classification accuracy when trained on kinematic and electromyography data of the perceptual but not grasping conditions, supporting our univariate findings. These results suggest that even along unconstrained grasping dimensions, visually-guided behaviors toward real-world objects are not biased by ensemble processing. (shrink)

The common opposition between the imaginary and the real prevents us from genuinely understanding either one. Indeed, the imaginary embodies a certain intuitive presence of the thing and not an empty signitive intention. Moreover it is able to compete with perception and even to offer an increased presence, a sur-real display, of the things, as shown by Merleau-Ponty’s analyses of art in Eye and Mind. As a result, we have to overcome the conception according to which the imaginary field is (...) a mere figment of my imagination, a mental entity that I could still possess in the very absence of its object. On the other hand, the presence of reality is never complete or solid: “The transcendence of the far-off encroaches upon my present and brings a hint of unreality even into the experiences with which I believe myself to coincide.” Therefore, first, the imaginary has to be redefined as a special hovering modality of the presence of the beings themselves. Second and furthermore: is not the imaginary always intertwined with perception? Merleau-Ponty advocates the puzzling thesis that there is an “imaginary texture of the real.” What is the meaning of this assertion? To what extent will it be able to blur the classical categories without arousing confusion? Can we avoid reducing reality to illusion? Lastly, consistently followed, this reflection leads as far as to discover, in the imaginary mode of being, an ontological model, the canon enabling Merleau-Ponty to think Being, an “Oneiric Being.” Thus we will venture the apparently paradoxical contention that the imaginary is the fundamental dimension of the real. The notion of “fundament” becomes indeed problematic and receives an ironical connotation, however this is precisely what is at stake in a non-positivist ontology. Existence “lies” in a ghost-like, sketchy and unsubstantial ground, in a restlessly creative being that is open to creative interpretations. And there it finds the principle of the ever-recurring crisis that both tears it apart and makes it rich in future promise. (shrink)