This article is about time. It is about time, or more precisely, about the absence of time in law’s digital future. It is also about time travelling and the seemingly ever-popular BBC science fiction television series Doctor Who. Further, it is about law’s timefullness; about law’s pictorial past and the ‘visual baroque’ of its chronological fused future. Ultimately, it is about a time paradox of seeing time run to a time when time runs ‘No More!’ This ‘timey-wimey’ article is in (...) three parts. The first part looks to a hazy remembered past of the legal emblem tradition as presented in Peter Goodrich’s Legal Emblems and the Art of Law to learn visual literacy and also to glimpse the essential elements of modern legality with authority, decision and violence. The second part maps how these images and icons of modern legality are manifest in the Doctor Who fiftieth year anniversary special ‘The Day of the Doctor.’ The third stage looks beyond these first order meanings to understand the chronological chaos of ‘The Day of the Doctor.’ The technicity of the image as a portal through time and space that the narrative revolves around charts the implications for the digital end of time for law. (shrink)

(2004). “Ethical, ooh, Yeah Ethical is Yeah, What's Right Yeah”: A Snapshot of First Year Law Students' Conception of Ethics. Legal Ethics: Vol. 7, No. 1, pp. 85-109.

This article argues that legal discourses about robots are framed within a limiting ‘human paradigm.’ While this is not a specific failure of lawyers, it has significant consequences for law in a digital future. This visualising of robots has its origins in mainstream twentieth-century science fictional tropes of artificial beings. This article begins by identifying the predominant science fiction tropes regarding artificial beings as a source of anxiety for human futures, as located in discrete bodies and as separate from humans. (...) The article then traces this ‘human paradigm’ in robot law scholarship. It is shown how a focus on embodiment and separation disrupts appreciation of the emerging partial disembodiment and hybridity of digital autonomy. There is a continual sense of needing to keep robots and humans distinct and separate, which is not how digital futures are manifesting. (shrink)

This paper draws upon automobile semiotics and legal semiotics to argue that the car in Australian social security decisions becomes an avatar for the applicant that is then decoded into meaning streams concerning deservingness and prudence. It is suggested that this has two implications. The first it highlights the techniques where by a technical object and the ‘life’ of the applicant became bridged in law; and through that bridging life becomes ‘formatted.’ The second highlights the extent of automobile culture. The (...) car has meaning beyond the highways and parking lots. The paper shows how these meanings have become integrated into processes of biopolitical governance. (shrink)

Albert Camus’ reflection in _The Myth of Sisyphus_ presents the absurd, the intrusion of the meaningless and irrational universe into the order and future focus of modern life. Central to Camus’ reading of Sisyphus and his dammed eternal labour, was time. Camus clearly saw that modernity and modern life was predicated on tensions in time. Moderns perceived, and lived, in the timescale of past-present-future. A commitment to chronology that promised an allusion of meaning within a world of essential meaninglessness. Modern (...) law, the law forged by the structural violence of positivism and sovereignty, shared this commitment to time. However, transitions to the digital are presenting different relationships of law and time. Emergent digital legality manifests a Sisyphean closed loop of repeat, return and enclosure, past and future become a blurred undistinguished present. The modern terror of mundane life that Camus tried to recast, seems intensified and totalised in the digital. However, rather than the possibility of the joy of the absurd, there is something else. Sisyphus, Camus imaged, had weathered to look like his rock, but he never merges with it. But in the unfolding of the digital and its legality, the secure subjectivity that Camus exalted is less then certain. This might not be bad. (shrink)

This special issue examines how the comic and the icon prefigure forms of legality that are different to modern law. There is a primal seeing of law unmediated by reading, writing or possibly thinking. This introduction identifies the primacy of the eye, the emergence of visual jurisprudence and the transformations of law as a paper-based material practice to a digitally enabled activity.

This special issue examines how the comic and the icon prefigure forms of legality that are different to modern law. There is a primal seeing of law unmediated by reading, writing or possibly thinking. This introduction identifies the primacy of the eye, the emergence of visual jurisprudence and the transformations of law as a paper-based material practice to a digitally enabled activity.

Considering the relationship between human autonomy, law and technology has deep origins. Both technology studies and legal theory tell origin stories about human autonomy as the prize from either a foundational technological or jurisprudential event. In these narratives either law is considered a second order consequence of technology or technology is revealed as a second order consequence of law. In the alternative what is suggested is a foundation story drawing upon human autonomy as human responsibility for law and technology and (...) for the stories told about them. (shrink)

However, as in other disciplines, academic recognition can in turn entrench static and powerful meta-theories and narratives about professional ethos and ...

This paper examines the forms of life established through the visual governance of the Australian social security mobile app —the Express Plus Centrelink app. It is argued that the app exceeds established accounts of juridical and administrative power. The app involves a seeing that is not public, a responding that is not writing and a de-materialisation of an institution and its disciplinary apparatus. It is argued that the app creates proto-literate subjects that are required to respond to a real-time sequence (...) of images in a highly structured and circumscribed manner to become complicit in the digitalisation of their life. (shrink)

This paper explores spectatorial encounters with criminal trials. Particularly focusing on the 2018 work of Australian contemporary visual artist Julie Fragar that followed her watching murder trials in the Supreme Court of Queensland, it is argued that the artist as a legal outsider grapples with the inhumanity of the trial. This grappling can go in two directions. For some there is a need to bring the human back, to see the person beneath the mask of the role that they are (...) performing, to connect the gothic horror of the trial back to a redeeming humanism. For others, and this is evident in Fragar, the horror of the inhumanity is visceral and overpowering, and the grotesque masque of judgment needs to be witnessed. Both perform a corrective and critique to the business as usual of processing, judging and stamping onto human lives that is legal insider’s performance in the criminal trial. (shrink)

This paper argues that the augmented reality gaming application for smart devices, _Pokémon GO_ shows the fate of the legal subject as a neoliberal monster subjugated to the limitations imposed by hypercapitalism. The game, derived from Nintendo’s iconic Pokémon franchise, reveals the legal subject as a frenzied, diminished and impulsive being, allowed to see, move, catch and accumulate but unable to participate in more meaningful self-narration. It is not that the game is lawless, notwithstanding, anxieties in the semiosphere about users (...) trespassing or engaging in criminal behaviour. Rather the game is over structured and highly limited, both within its game-play which is repetitive and impulsive, and in its absence of narrative. Unlike the classic Nintendo Pokémon games which are within the role-playing game genre, _Pokémon GO_ abstracts the seeing, moving, catching and accumulating features of the classic games without the overarching narrative, questing and competition. In this _Pokémon GO_ manifests the transformation of the liberal legal subject of capitalism to the neoliberal subject of a digital orientated hypercapitalism where seeing, moving, catching and accumulating is immediate and impulsive, obliterating the ‘prudent’ subject participating in their own self-narration. (shrink)

In Natural Law and Natural Rights, John Finnis delves into the past, attempting to revitalise the Thomist natural law tradition cut short by opposing philosophers such as David Hume. In this article, Finnis’s efforts at revival are assessed by way of comparison with—and, indeed, contrast to—the life and art of musician David Bowie. In spite of their extravagant differences, there exist significant points of connection that allow Bowie to be used in interpreting Finnis’s natural law. Bowie’s work—for all its appeals (...) to a Nietzschean ground zero for normative values—shares Finnis’s concern with ordering affairs in a way that will realise humanity’s great potential. In presenting enchanted worlds and evolved characters as an antidote to all that is drab and pointless, Bowie has something to tell his audience about how human beings can thrive. Likewise, natural law holds that a legal system should include certain content that guides people towards a life of “flourishing”. Bowie and Finnis look to the past, plundering it for inspiration and using it as fuel to boost humankind forward. The analogy of Natural Law and Natural Rights and Bowie’s magpie-like relationship to various popular music traditions ultimately reveals that natural law theory is not merely an objective and unchanging edict to be followed without question, but a legacy that is to be recreated by those who carry it into the future. Law’s instruments of critique must not forget these transformative qualities. (shrink)

This book offers the first sustained, full-length treatment of the wide-ranging work of major Anglican theologian Oliver O'Donovan. Analysing key texts written across forty years, including Resurrection and Moral Order, The Desire of the Nations, and Ethics as Theology, Samuel Tranter focuses in particular on what he argues is an area of real tension in O'Donovan's evolving vision of moral theology: the relationship between eschatology and ethics. This tension is traced as it plays out with regard to a number (...) of important topics in O'Donovan's writing and contemporary discussion, including natural law, divine command, and human flourishing, as well as the distinctiveness or otherwise of Christian moral reasoning. Moreover, it is located alongside the broader doctrinal features of O'Donovan's project, in connection to themes such as creation, sin, and redemption, as well as to particular questions about the relationship between the cross and the resurrection. This volume also advances the reception of O'Donovan's thought by establishing and evaluating his influence upon a range of Christian ethicists and political theologians writing today (such as Luke Bretherton, Gilbert Meilaender, Jean Porter, and Brent Waters), and by engaging with critical readings of O'Donovan (such as those by Stanley Hauerwas and Gerald McKenny). Furthermore, in conversation with these scholars among an ecumenical cast of voices, Tranter offers an assessment of how O'Donovan's proposals may be appropriated and amended as a resource for theology and ethics going forward. (shrink)

The ideas upon which public education was founded in the last half of the nineteenth century were wrong. And despite their continued dominance in educational thinking for a century and a half, these ideas are no more right today. So argues one of the most original and highly regarded educational theorists of our time in 'Getting It Wrong from the Beginning'. Kieran Egan explains how we have come to take mistaken concepts about education for granted and why this dooms (...) our attempts at educational reform. (shrink)

Argues for a conception of reasons as premises of practical reasoning. This conception is applied to questions about ignorance, advice, enabling conditions, "ought," and evidence.

In dialogue with Kristin Ross and Fred Moten, as well as recent theorizations of destituent power, this article aims to trace the practical logic that governs place-based politics in our anarchic epoch, including the construction of collective formations that defend them.

Despite increasing scientific interest in self-generated thought-mental content largely independent of the immediate environment-there has yet to be any comprehensive synthesis of the subjective experience and neural correlates of affect in these forms of thinking. Here, we aim to develop an integrated affective neuroscience encompassing many forms of self-generated thought-normal and pathological, moderate and excessive, in waking and in sleep. In synthesizing existing literature on this topic, we reveal consistent findings pertaining to the prevalence, valence, and variability of emotion in (...) self-generated thought, and highlight how these factors might interact with self-generated thought to influence general well-being. We integrate these psychological findings with recent neuroimaging research, bringing attention to the neural correlates of affect in self-generated thought. We show that affect in self-generated thought is prevalent, positively biased, highly variable (both within and across individuals), and consistently recruits many brain areas implicated in emotional processing, including the orbitofrontal cortex, amygdala, insula, and medial prefrontal cortex. Many factors modulate these typical psychological and neural patterns, however; the emerging affective neuroscience of self-generated thought must endeavor to link brain function and subjective experience in both everyday self-generated thought as well as its dysfunctions in mental illness. (shrink)

Despite resistance from various societal actors, the development and deployment of lethal autonomous weaponry to warzones is perhaps likely, considering the perceived operational and ethical advantage such weapons are purported to bring. In this paper, it is argued that the deployment of truly autonomous weaponry presents an ethical danger by calling into question the ability of such weapons to abide by the Laws of War. This is done by noting the resonances between battlefield target identification and the process of ontic-ontological (...) investigation detailed in Martin Heidegger’s Being and Time, before arguing that the nature of lethal autonomous weaponry precludes them from being able to engage in such investigations—a key requisite for abiding by the relevant legislation that governs battlefield conduct. (shrink)

This chapter argues that people have a human right to immigrate to other states. People have essential interests in being able to make important personal decisions and engage in politics without state restrictions on the options available to them. It is these interests that other human rights, such as the human rights to internal freedom of movement, expression and association, protect. The human right to immigrate is not absolute. Like other human freedom rights , it can be restricted in certain (...) extreme circumstances. Outside these circumstances, however, immigration restrictions are unjust. Having presented the argument for a human right to immigrate, the chapter responds to objections from distributive justice, culture and scarcity. (shrink)

Hydrological landscapes played a significant role in the elaboration of Gaston Bachelard’s and Martin Heidegger’s historical epistemologies. More specifically, both philosophers relied on hydroelectric landscapes to explore nonlinear time and profound epistemological shifts in the history of knowledge. The landscapes they invoke are composed of hydroelectric dams, thunderstorms, and related landmarks like mountains, rivers, and lakes. Together, these varied yet connected elements offer rich environmental and conceptual terrains that I revisit to situate human knowledge formation within a much older natural (...) history, and to lay the groundwork for a deep time theory of knowledge. Such theories promote timefulness and geological consciousness by establishing less anthropocentric historical narratives – or what Dipesh Chakrabarty calls “planetary history” – on more suitable epistemological grounds. (shrink)

A new translation of two essential works on Deleuze, written by one of his contemporaries. From the publication of Deleuze: A Philosophy of the Event to his untimely death in 2006, Francois Zourabichvili was regarded as one of the most important new voices of contemporary philosophy in France. His work continues to make an essential contribution to Deleuze scholarship today. This edition makes two of Zourabichvili's most important writings on the philosophy of Gilles Deleuze available in a single volume. A (...) Philosophy of the Event is an exposition of Deleuze's philosophy as a whole, while the complementary Deleuze's Vocabulary approaches Deleuze's work through an analysis of key concepts in a dictionary form. This new translation is set to become an event within Deleuze Studies for many years to come. Key Features: Distinguishes Deleuze's notion of the event from the phenomenological, ontological and voluntarist conceptions that continue to lay claim to it today; With an introduction by Gregg Lambert and Daniel W. Smith, two of the world's leading commentators on Deleuze, explaining the key themes and arguments of Zourabichvili's work. (shrink)

This book argues that Fromm is a vital and largely overlooked contribution to twentieth-century intellectual history, and one who offers a refreshingly reconfigured form of humanism that is capable of reintegrating explicitly humanist analytical categories and schemas back into social theoretical (and scientific) considerations.

The neural basis of human memory is incredibly complex. We argue that the diversity of neural systems underlying various forms of memory suggests that any discussion of enhancing ‘memory’ per se is too broad, thus obfuscating the biopolitical debate about human enhancement. Memory can be differentiated into at least four major systems with largely dissociable neural substrates. We outline each system, and discuss both the practical and the ethical implications of these diverse neural substrates. In practice, distinct neural bases imply (...) the possibility, and likely the necessity, of specific approaches for the safe and effective enhancement of various memory systems. In the debate over the ethical and social implications of enhancement technologies, this fine-grained perspective clarifies—and may partially mitigate—certain common concerns in enhancement debates, including issues related to safety, fairness, coercion, and authenticity. While many researchers certainly appreciate the neurobiological complexity of memory, the political debate tends to revolve around a monolithic one-size-fits-all conception. The overall project—exploring how human enhancement technologies affect society – stands to benefit from a deeper appreciation of memory’s neurobiological diversity. (shrink)

This engaging book presents a frontal attack on current forms of schooling and a radical rethinking of the whole education process.

This article considers one seemingly compelling justification for immigration restrictions: that they help restrict the brain drain of skilled workers from poor states. For some poor states, brain drain is a severe problem, sapping their ability to provide basic services. Yet this article finds that justifying immigration restrictions on brain drain grounds is far from straightforward. For restrictions to be justified, a series of demanding conditions must be fulfilled. Brain drain does provide a successful argument for some immigration restrictions, but (...) it is an argument that fails to justify restrictions beyond a small minority of cases. (shrink)

Reasons without Rationalism has two related parts, devoted to action theory and ethics, respectively. In the second part, I argue for a close connection between reasons for action and virtues of character. This connection is mediated by the idea of good practical thought and the disposition to engage in it. The argument relies on the following principle, which is intended as common ground: " Reasons: The fact that p is a reason for A to ϕ just in case A has (...) a collection of psychological states, C, such that the disposition to be moved to ϕ by C-and-the-belief-that- p is a good disposition of practical thought, and C contains no false beliefs."In effect, reasons are premises for episodes of sound practical thinking whose other conditions already …. (shrink)

This topical collection of eleven commissioned essays by well-established contributors from sociology, religious studies and theology, is one of the first treatments of the relationship between postmodernity and religion from a sociological perspective. The essays cover a diversity of interests, but treat postmodernity in terms of its implications for the self, the New Age and theology, particularly Catholicism and Judaism. Two of the essays are original appraisals of two important French writers on religion: Jean-Luc Marion and Daniele Hervieu-Leger.

Apparently snobbery undermines justification for and legitimacy of aesthetic claims. It is also pervasive in the aesthetic realm, much more so than we tend to presume. If these two claims are combined, a fundamental problem arises: we do not know whether or not we are justified in believing or making aesthetic claims. Addressing this new challenge requires an epistemological story which underpins when, where and why snobbish judgement is problematic, and how appreciative claims can survive. This leads towards a virtue-theoretic (...) account of art appreciation and aesthetic justification, as contrasted with a purely reliabilist one – a new direction for contemporary aesthetics. (shrink)

The rapid growth of Indonesian Heavy Metal music, especially the Death Metal subgenre, since around the turn of the millennium, has been quite remarkable. Indonesia is now numerically the largest scene in the world. Man, the vocalist of Jasad, told the author that the provincial West Javanese city of Bandung had 128 active Death Metal bands as at February 2011. I discuss the cancellation of an April 2012 music festival held in the Bandung hinterland by police halfway through the festival, (...) and explain how and why it took place. Police became nervous and worried about Heavy Metal shows following the deaths of eleven concertgoers, due to a crowd crush, at a Beside album launch in Bandung in 2008. I also analyze the “maternal rage” of a band member’s mother (also a policewoman at the scene) from the perspective of grounded gendered cosmopolitanism. Lastly, a short case study of Sickles, a young band from the religiously-conservative Madura Island, shows the problems that young bands experience plus the type of global underground support which they can attract. (shrink)

On a contemporary Humean-influenced view, the responses of suitably idealized appreciators are presented as tracking, or even determining, facts about artistic value. Focusing on the intra-personal case, this paper argues that facts about the refinement and reconfiguration of aesthetic character together with the manner in which autobiography and character are implicated in artistic appreciation make it de facto unlikely that we can reliably come to know how our ideal counterpart would respond to a given artwork. Attribution of superhuman abilities to (...) our ideal counterpart partially addresses this worry, but undermines a central feature of the theoretical motivation for the idealizing model. Insofar as response-dependent accounts of artistic value are inextricably tied to an idealizing view of critics, we have reason to reject them. (shrink)

A common argument against lockdowns is that they restrict freedom. On this view, lockdowns might be effective in protecting public health, but their impact on freedom is purely negative. This article challenges that view. It argues that while lockdowns restrict freedom, so too do viruses. Since viruses restrict freedom and lockdowns protect us from viruses, lockdowns can protect us from the harmful effects that viruses have on freedom. The problem we face is not necessarily freedom versus public health. Sometimes it (...) is freedom itself—or its value or distribution—that provides reason for lockdowns. (shrink)

Abstract The rapid growth of Indonesian Heavy Metal music, especially the Death Metal subgenre, since around the turn of the millennium, has been quite remarkable. Indonesia is now numerically the largest scene in the world. Man, the vocalist of Jasad, told the author that the provincial West Javanese city of Bandung had 128 active Death Metal bands as at February 2011. This chapter will discuss the cancellation of an April 2012 music festival held in the Bandung hinterland by police halfway (...) through the festival, and explain how and why it took place. Police became nervous and worried about Heavy Metal shows following the deaths of eleven concertgoers, due to a crowd crush, at a Beside album launch in Bandung in 2008. The chapter analyses the “maternal rage” of a band member’s mother (also a policewoman at the scene) from the perspective of grounded gendered cosmopolitanism. Lastly, a short case study of Sickles, a young band from the religiously-conservative Madura Island, shows the problems that young bands experience plus the type of global underground support which they can attract. (shrink)

Argues, against Anscombe, that Aristotle had the concept of morality as an interpersonal normative order: morality is justice in general. For an action to be wrong is not for it to warrant blame, or to wrong another person, but to be something one should not do that one has no right to do. In the absence of rights, morality makes no sense.

The paper proceeds by criticising the central accounts of obscenity proffered by Feinberg, Scruton and the suggestive remarks of Nussbaum and goes on to argue for the following formal characterization of obscenity: x is appropriately judged obscene if and only if either (A) x is appropriately classified as a member of a form or class of objects whose authorized purpose is to solicit and commend to us cognitive‐affective responses which are (1) internalized as morally prohibited and (2) does so in (...) ways found to be or which are held to warrant repulsion and (3) does so in order to (a) indulge first order desires held to be morally prohibited or (b) indulge the desire to be morally transgres‐sive or the desire to feel repulsed or (c) afford cognitive rewards or (d) any combination thereof or (B) x successfully elicits cognitive‐affective responses which conform to conditions (1)–(3). (shrink)

On a contemporary Humean-influenced view, the responses of suitably idealized appreciators are presented as tracking, or even determining, facts about artistic value. Focusing on the intra-personal case, this paper argues that (i) facts about the refinement and reconfiguration of aesthetic character together with (ii) the manner in which autobiography and character are implicated in artistic appreciation make it de facto unlikely that we can reliably come to know how our ideal counterpart would respond to a given artwork. Attribution of superhuman (...) abilities to our ideal counterpart partially addresses this worry, but undermines a central feature of the theoretical motivation for the idealizing model. Insofar as response-dependent accounts of artistic value are inextricably tied to an idealizing view of critics, we have reason to reject them. (shrink)

Because the poorest people tend to die from easily preventable diseases, addressing poverty is a relatively cheap way to save lives. War, by contrast, is extremely expensive. This article argues that, since states that wage war could alleviate poverty instead, poverty can render war unjust. Two just war theory conditions prove relevant: proportionality and last resort. Proportionality requires that war does not yield excessive costs in relation to the benefits. Standardly, just war theorists count only the direct costs: the death (...) and destruction wrought by war. This article argues that it can sometimes be appropriate to add the opportunity costs of a failure to alleviate poverty. Last resort is the condition that there must be no better alternative means of achieving the same just end for which the war is waged. This article argues that there are some cases in which alleviating poverty may constitute a better alternative. These are cases in which the most fitting description of the just end for war is sufficiently general that poverty alleviation offers a means to pursue it. The idea that poverty can sometimes render war unjust has, to date, been largely overlooked. It is, nevertheless, an idea with profound implications since, once taken seriously, war becomes much harder to justify. Wars that, in every other respect, seem just may prove disproportionate or unnecessary given the alternative of alleviating poverty. (shrink)

This article addresses a previously overlooked problem in the ethics of defensive killing. Everyone agrees that defensive killing can only be justified when it is necessary. But necessary for what? That seemingly simple question turns out to be surprisingly difficult to answer. Imagine Attacker is trying to kill Victim, and the only way one could save Victim is by killing Attacker. It would seem that, in such a case, killing is necessary. But now suppose there is some other innocent person, (...) suffering some entirely distinct threat, whose life one could save instead. Is killing still necessary? The seemingly obvious answer is “yes.” Killing is necessary since it is the only means to achieve the goal that stands to justify killing. The problem with this answer is that it presupposes a certain description of that goal as something like “saving Victim’s life” or “saving Victim’s life from Attacker.” Other descriptions are plausible, such as “saving a life.” On that latter description, killing is unnecessary in this case. The problem we are encountering is the problem of finding the right description of the goal of killing. Call this the “description problem.” This article sets out to solve the description problem and arrives at a radical conclusion. In a variety of cases, we should describe the goal of killing in broad terms, without reference to a specific victim or a specific threat. These broad descriptions—such as “saving a life”—make it easier to find relevant alternatives. Killing, it turns out, is much harder to justify than we might otherwise have thought. (shrink)

Kieran Cronin aims in this book to show how a Christian perspective may have something fruitful to contribute to the language of rights. In so doing, he examines some of the complexities involved in using this language, drawing from literature in moral philosophy and jurisprudence in the process. The novelty of his approach lies in the attempt to distinguish two complimentary aspects within metaethics, aspects which the author calls the 'discursive' and the 'imaginative'. Cronin regards the use of models (...) (which are extended metaphors) as providing a bridge between these two aspects, and the imaginative metaethics which emerges is seen to be rich in possibilities for both secular and Christian understandings of rights-talk. (shrink)

[FIRST PARAGRAPHS] From Plato through Aquinas to Kant and beyond beauty has traditionally been considered the paradigmatic aesthetic quality. Thus, quite naturally following Socrates' strategy in The Meno, we are tempted to generalize from our analysis of the nature and value of beauty, a particular aesthetic value, to an account of aesthetic value generally. When we look at that which is beautiful, the object gives rise to a certain kind of pleasure within us. Thus aesthetic value is characterized in terms (...) of that which affords us pleasure. Of course, the relation cannot be merely instrumental. Many activities may lead to consequent pleasures that we would not consider to be aesthetic in any way. For example, playing tennis, going swimming or finishing a book. Rather it is in the very contemplation of the object itself that we derive pleasure. As Kant puts it: We dwell on the contemplation of the beautiful because this contemplation strengthens and reproduces itself. The case is analogous (but analogous only) to the way we linger on a charm in the representation of an object which keeps arresting the attention, the mind all the while remaining passive. Thus contemporary philosophers have, following this tradition, defined aesthetic value in terms of our delighting in and savouring an object with pleasure.* An object is of intrinsic aesthetic value if it appropriately gives rise to pleasure in our contemplation of it. Of course background knowledge of particular art movements, cate- gories or artistic intentions may be required to perceive an artwork appropriately. Nonetheless, given the relevant understanding, it is in attending to and savouring uhat is presented to us that we are afforded pleasure. (shrink)

Modern philosophy has been vexed by the question "Why should I be moral?" and by doubts about the rational authority of moral virtue. In Reasons without Rationalism, Kieran Setiya shows that these doubts rest on a mistake. The "should" of practical reason cannot be understood apart from the virtues of character, including such moral virtues as justice and benevolence, and the considerations to which the virtues make one sensitive thereby count as reasons to act. Proposing a new framework for (...) debates about practical reason, Setiya argues that the only alternative to this "virtue theory" is a form of ethical rationalism in which reasons derive from the nature of intentional action. Despite its recent popularity, however, ethical rationalism is false. It wrongly assumes that we act "under the guise of the good," or it relies on dubious views about intention and motivation. It follows from the failure of rationalism that the virtue theory is true: we cannot be fully good without the perfection of practical reason, or have that perfection without being good. Addressing such topics as the psychology of virtue and the explanation of action, Reasons without Rationalism is essential reading for philosophers interested in ethics, rationality, or the philosophy of mind. (shrink)

What does ordinary language philosophy contribute to the solution of the problems it diagnoses as violations of linguistic use? One of its biggest challenges has been to account for the epistemic asymmetry of mental states experienced by the subject of those states and the application of psychological properties to others. The epistemology of other minds appears far from resolved with reference to how sensation words are used in everyday language. In this paper, I revisit the Wittgensteinian arguments and show how (...) they engage the ordinary language method (in the modified form of grammatical investigation) to ‘dissolve’ the problem. Several important results are generated by way of this reconstruction. An expressive view of the vocabulary of sensation is defended which facilitates a discussion of sensation discourse emphasising the normative grammatical conditions for the communication of psychological states. This motivates a reassessment of criterial justification for the ascription of psychological concepts in the third person. In the final sections, I mobilise a normative approach to expose the moral relevance of the epistemology of other minds. Even if it is conceded that belief in other minds lacks warrant from an epistemological standpoint, this does not justify adopting the skeptical attitude from an ethical standpoint. In light of this, a normative justification for the a priori belief that others are subjects of consciousness is defended. (shrink)

This chapter contains sections titled: Introduction Verstehen Method A Value ‐ Free Sociology Economic Methods and Ideal Types Conclusion References.

Peter McHugh was an internationally known sociologist within the field of anti-positivist social theory. As the only collection of McHugh's sole-authored writings, Redefining the Situation presents a comprehensive yet surprising view of this key theorist's influence in his field. Redefining the Situation is a compendium of McHugh's published and unpublished short-form writings, along with three new essays on McHugh's work, one by his long-time collaborator and friend Alan Blum. The collection contributes to the project of reinventing social theory by providing (...) a new perspective from which to imaginatively rethink the development of sociology over the last fifty years. It locates McHugh's work not only within the modern and postmodern sociological tradition but also within contemporary social theory broadly, including hermeneutics, critical theory, deconstruction, and Hannah Arendt's political theory. The essays in this volume show the development of a method to analyze everyday behaviour in light of fundamental questions, exploring conflicts and connections between socialization and recidivism, fragmentation and ethnic cleansing, justice and affirmative action, teaching and university politics, and intimacy and aesthetics. This book moves beyond contemporary debates about big data/postmodernism, and along the way it identifies convergences in Anglo-American and Continental thought. By tracing the development of Analysis, the tradition of social inquiry, from its beginnings until today, Redefining the Situation re-establishes a prominent sociologist as one of the leading intellectuals in the field of interpretive social theory. (shrink)