Re-framing discussion of the question, “What is law?“ in terms of the contexts in which the whole question makes sense allows us to see that jurisprudence is about boundary disputes concerning law – that is about what should count as law – and about responses to attacks on the value of law. Concern for these two issues constitutes the boundary challenge perspective. The boundary challenge perspective not only allows us fully to escape essentialism about law, it also provides us with (...) a better understanding of the relationship between the activity of discussing what should count as law and the activity of specifying the law in particular circumstances. The boundary challenge perspective provides a better explanation of that relationship than positivism or natural law. It allows discussion of change and resistance to change without significantly weakening the distinction between “is” and “ought”. It might also form the basis for further historical and sociological studies of law. (shrink)

Re-framing discussion of the question, “What is law?“ in terms of the contexts in which the whole question makes sense allows us to see that jurisprudence is about boundary disputes concerning law – that is about what should count as law – and about responses to attacks on the value of law. Concern for these two issues constitutes the boundary challenge perspective. The boundary challenge perspective not only allows us fully to escape essentialism about law, it also provides us with (...) a better understanding of the relationship between the activity of discussing what should count as law and the activity of specifying the law in particular circumstances. The boundary challenge perspective provides a better explanation of that relationship than positivism or natural law. It allows discussion of change and resistance to change without significantly weakening the distinction between “is” and “ought”. It might also form the basis for further historical and sociological studies of law. (shrink)

Poststructuralism and After provides a comprehensive, innovative and lucid account of contemporary poststructuralist theory, which probes its limits, explores rival theoretical approaches, and elaborates new concepts and logics. The book distils and articulates the basic philosophical assumptions and theoretical concepts of poststructuralism, but by building upon the work of Derrida, Foucault, Heidegger, Lacan, Laclau, Levi-Strauss, Marx, Saussure and & ek it also provides a distinctive version of the poststructuralist project.The philosophy and theory of poststructuralism is presented through a critical engagement (...) with the central problems of social and political theory. Such problems include the structure/agency dilemma; the problem of social order; the ongoing debates between positivists, interpretivists and realists about the role and character of social science; the relationship between the economy, the state and society; the complexities of identity/difference; and the role of power, domination and ideology. Empirical illustrations and case studies of selected social phenomena further illuminate the theoretical arguments displayed in this book. (shrink)

In the course of attacking the idea that the concept of the duty of care can be dispensed with and replaced by a view of negligence that deals only with fault and causation, critics have revived the notion that there are many duties of care. This article argues that the idea of many duties of care is unworkable, but that there is no need to revive such an idea to avoid falling into the view that the whole concept of the (...) duty of care can be discarded. It argues instead for a unified view of the duty of care as a single duty. It also argues for a new analysis of negligence, facilitated by the one-duty view, which does see fault as central to negligence but which, instead of discarding duty, sees arguments about duty as about whether the defendant should be permitted to act unreasonably. The article defends the one-duty view and the new analysis of negligence against the relational view of negligence and against charges that it is motivated by a desire for unity between English and French law, that it would be incompatible with the conventional economic analysis of tort law (in the course of which it suggests an economic analysis of the duty of care), and that, unlike the no-duty view or the many-duties view, it fails to articulate a coherent view of the relationship between freedom and community. (shrink)

The actions and decisions taken by the present generation will affect not only the welfare but also the composition of future generations. A number of authors have used this fact to bolster the conclusion that the present is only weakly obligated to provide for future welfare since in choosing between futures of poverty and abundance, we are not deciding the welfare of a well-defined group of future persons but instead deciding which set of potential persons – the poor or the (...) rich – will become actual. Provided that future generations have lives that are worth living, they will be grateful to us for bringing them into existence – or so the argument goes. In this paper, I argue that this position overlooks an important aspect of the intergenerational problem. We are obligated to provide for the actual children of today, who will in turn be obligated to provide for their children, and so forth from generation to generation. A chain of obligation is thus defined that stretches from the present into the indefinite future, and unless we ensure conditions favourable to the welfare of future generations, we wrong our existing children in the sense that they will be unable to fulfill their obligation to their children while enjoying a favourable way of life themselves. (shrink)

This paper sets out to launch a challenge to the usual ‘modernist’ view of the relationship between ecology and ethics. Two ‘post-modern’ interpretations of this relationship are considered. The first ‘deep’ interpretation holds that ecology reveals that nature has intrinsic value. The second interpretation derives from the work of Michel Foucault. The aim of his critique is to reveal how certain values are taken for granted by the acceptance of certain scientific models, and how the acceptance of those models as (...) true makes it impossible to articulate alternative values. I end by suggesting, contra Foucault, that phenomenological enquiry could serve to articulate alternative and perhaps more eco-friendly values. (shrink)

There has been a recent surge of research interest in videogames of moral engagement for entertainment, advocacy and education. We have seen a wealth of analysis and several theoretical models proposed, but experimental evaluation has been scarce. One of the difficulties lies in the measurement of moral engagement. How do we meaningfully measure whether players are engaging with and affected by the moral choices in the games they play? In this paper, we survey the various standard psychometric instruments from the (...) moral psychology literature and discuss how they might be applied in the evaluation of games. (shrink)

Explores the interplay between science, economics, politics, and ethics in relation to climate change and the international community.

Part of the appeal of the biological approach to personal identity is that it does not have to countenance spatially coincident entities. But if the termination thesis is correct and the organism ceases to exist at death, then it appears that the corpse is a dead body that earlier was a living body and distinct from but spatially coincident with the organism. If the organism is identified with the body, then the unwelcome spatial coincidence could perhaps be avoided. It is (...) argued that such an identification would be a mistake. A living organism has a different part/whole relationship and persistence conditions than the alleged body. A case will be made that the concept ‘human body’ is a conceptual mess, vague in an unprincipled manner, and that an eliminativist stance towards dead bodies is the appropriate response. CiteULike Connotea Del.icio.us What's this? (shrink)

It is well established that beliefs provide powerful cues that influence reasoning. Over the last decade research has revealed that judgments based upon logical structure may also pre-empt deliberative reasoning. Evidence for ‘intuitive logic’ has been claimed using a range of measures (i.e. confidence ratings or latency of response on conflict problems). However, it is unclear how well such measures genuinely reflect logical intuition. In this paper we introduce a new method designed to test for evidence of intuitive logic. In (...) two experiments participants were asked to make random judgments about the logical validity of a series of simple and complex syllogistic arguments. For simple arguments there was an effect of logical validity on random responding, which was absent for complex arguments. These findings provide a novel demonstration that people are intuitively sensitive to logical structure. (shrink)

It is well established that beliefs provide powerful cues that influence reasoning. Over the last decade research has revealed that judgments based upon logical structure may also pre-empt deliberative reasoning. Evidence for ‘intuitive logic’ has been claimed using a range of measures (i.e. confidence ratings or latency of response on conflict problems). However, it is unclear how well such measures genuinely reflect logical intuition. In this paper we introduce a new method designed to test for evidence of intuitive logic. In (...) two experiments participants were asked to make random judgments about the logical validity of a series of simple and complex syllogistic arguments. For simple arguments there was an effect of logical validity on random responding, which was absent for complex arguments. These findings provide a novel demonstration that people are intuitively sensitive to logical structure. (shrink)

The Default Interventionist account suggests that by default, we often generate belief-based responses when reasoning and find it difficult to draw the logical inference. Recent research, h...

As a continuation of the work of the third author in [5], we make further observations on the features of Galois cohomology in the general model theoretic context. We make explicit the connection between forms of definable groups and first cohomology sets with coefficients in a suitable automorphism group. We then use a method of twisting cohomology (inspired by Serre’s algebraic twisting) to describe arbitrary fibres in cohomology sequences—yielding a useful “finiteness” result on cohomology sets. Applied to the special case (...) of differential fields and Kolchin’s constrained cohomology, we complete results from [3] by proving that the first constrained cohomology set of a differential algebraic group over a bounded, differentially large, field is countable. (shrink)

In this paper we suggest that there is a need to examine what is meant by “context” in Social Psychology and present an example of how to place identity in its social and institutional context. Taking the case of British naturalisation, the process whereby migrants become citizens, we show that the identity of naturalised citizens is defined by common-sense ideas about Britishness and by immigration policies. An analysis of policy documents on “earned citizenship” and interviews with naturalised citizens shows that (...) the distinction between “elite” and “non-elite” migrants is evident in both the “reified” sphere of policy and the “common sense” sphere of everyday identity construction. While social representations embedded in lay experience construct ethno-cultural similarity and difference, immigration policies engage in an institutionalised positioning process by determining migrants' rights of mobility. These spheres of knowledge and practice are not disconnected as these two levels of “managing otherness” overlap—it is the poorer, less skilled migrants, originating outside the West who epitomise difference (within a consensual sphere) and have less freedom of mobility (within a reified sphere). We show that the context of identity should be understood as simultaneously psychological and political. (shrink)

Background Ethical considerations play a prominent role in the protection of human subjects in clinical research. To date the disclosure of ethical protection in clinical research published in the international nursing journals has not been explored. Our research objective was to investigate the reporting of ethical approval and informed consent in clinical research published in leading international nursing journals. Methods This is a retrospective observational study. All clinical research published in the five leading international nursing journals from the SCI Journal (...) Citation Reports between 2015 and 2017 were retrieved to evaluate for evidence of ethical review. Results A total of 2041 citations have been identified from the contents of all the five leading nursing journals that were published between 2015 and 2017. Out of these, 1284 clinical studies have been included and text relating to ethical review has been extracted. From these, most of prospective clinical studies discussed informed consent. Only half of those reported that written informed consent had been obtained; few reported oral consent, and few used other methods such as online consent or completion and return of data collection to denote assent. Notably, 36.2% of those did not describe the method used to obtain informed consent and merely described that “consent was obtained from participants or participants agreed to join in the research”. Furthermore, whilst most of clinical studies mentioned ethical approval; 92.5% of those stated the name of ethical committee and interestingly, only 37.1% of those mentioned the ethical approval reference. The rates of reporting ethical approval were different between different study type, country, and whether financial support was received. Conclusion The reporting of ethics in leading international nursing journals demonstrates progress, but improvement of the transparency and the standard of ethical reporting in nursing clinical research is required. (shrink)

Ecology – unlike astronomy, physics, or chemistry – is a science with an associated political and ethical movement: the Green Movement. As a result, the ecological position is often accompanied by appeals to holism, and by a mystical quasi-religious conception of the ecosystem. In this title, first published in 1988, Andrew Brennan argues that we can reduce much of the mysticism surrounding ecological discussions by placing them within a larger context, and illustrating that our individual interests are bound with larger, (...) community interests. Using an interdisciplinary approach, which bridges the gap between the sciences, philosophy, and ethics, this is an accessible title, which will be of particular value to students with an interest in the philosophy of environmental science and ethics. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Environment and Philosophyprovides an accessible introduction to the radical challenges that environmentalism poses to concepts that have become almost second nature in the modern world. These include: * the ideas of science and objectivity * the conventional placement of the human being within the environment * the individualism of convential Modern thought Written in an accessible way for those without a background in philosophy, this text examines ways of thinking about ourselves, nature and our relationship with nature. It offers an (...) introduction to the phenomenological perspective on environmental issues, and also to the questions of what natural beauty is. (shrink)

In this classic work David Bohm, writing clearly and without technical jargon, develops a theory of quantum physics which treats the totality of existence as an unbroken whole.

Morality meters are a commonly used mechanic in many ethically notable video games. However, there have been several theoretical critiques of such meters, including that people can find them alienating, they can instrumentalise morality, and they reduce morality to a binary of good and evil with no room for complexity. While there has been much theoretical discussion of these issues, there has been far less empirical investigation. We address this gap through a qualitative study that involved participants playing a custom-built (...) visual novel game (The Great Fire) with different intuitive and counter-intuitive morality meter settings. Overall, we found that players’ attitudes towards the morality meter in this game was complex, context sensitive and variable throughout gameplay and that the intuitiveness of the meter encouraged participants to treat the meter more ‘as a moral guide’ that prompts reflection and less ‘as a score’ to be engaged with reactively. (shrink)

Religion, science, and naturalism -- Perception and religious experience -- Panexperientialism, freedom, and the mind-body relation -- Naturalistic, dipolar theism -- Natural theology based on naturalistic theism -- Evolution, evil, and eschatology -- The two ultimates and the religions -- Religion, morality, and civilization -- Religious language and truth -- Religious knowledge and common sense.

Morality meters are a commonly used mechanic in many ethically notable video games. However, there have been several theoretical critiques of such meters, including that people can find them alienating, they can instrumentalise morality, and they reduce morality to a binary of good and evil with no room for complexity. While there has been much theoretical discussion of these issues, there has been far less empirical investigation. We address this gap through a qualitative study that involved participants playing a custom-built (...) visual novel game (The Great Fire) with different intuitive and counter-intuitive morality meter settings. Overall, we found that players’ attitudes towards the morality meter in this game was complex, context sensitive and variable throughout gameplay and that the intuitiveness of the meter encouraged participants to treat the meter more ‘as a moral guide’ that prompts reflection and less ‘as a score’ to be engaged with reactively. (shrink)

In this innovative study, Lea David critically investigates the relationship between human rights and memory, suggesting that, instead of understanding human rights in a normative fashion, human rights should be treated as an ideology. Conceptualizing human rights as an ideology gives us useful theoretical and methodological tools to recognize the real impact human rights has on the ground. David traces the rise of the global phenomenon that is the human rights memorialization agenda, termed 'Moral Remembrance', and explores what (...) happens once this agenda becomes implemented. Based on evidence from the Western Balkans and Israel/Palestine, she argues that the human rights memorialization agenda does not lead to a better appreciation of human rights but, contrary to what would be expected, it merely serves to strengthen national sentiments, divisions and animosities along ethnic lines, and leads to the new forms of societal inequalities that are closely connected to different forms of corruptions. (shrink)

Liberal thinkers of the eighteenth and nineteenth centuries were alert to the political costs and human cruelties involved in European colonialism, but they also thought that European expansion held out progressive possibilities. In Progress, Pluralism, and Politics David Williams examines the colonial and anti-colonial arguments of Adam Smith, Immanuel Kant, Jeremy Bentham, and L.T. Hobhouse. Williams locates their ambivalent attitude towards European conquest and colonial rule in a set of tensions between the impact of colonialism on European states, the (...) possibilities of progress in distant and diverse places, and the relationship between universalism and cultural pluralism. In so doing he reveals some of the central ambiguities that characterize the ways that liberal thought has dealt with the reality of an illiberal world. Of particular importance are appeals to various forms of universal history, attempts to mediate between the claims of identity and the reality of difference, and the different ways of thinking about the achievement of liberal goods in other places. Pointing to key elements in still ongoing debates within liberal states about how they should relate to illiberal places, Progress, Pluralism, and Politics enriches the discussion on political thought and the relationship between liberalism and colonialism. (shrink)

If we are to act properly with regard to the natural world, to protect, preserve, conserve, manage or leave it alone, we need both appropriate knowledge of that world, and a sound foundation for values to guide our actions. The thesis of this paper is that scientific ecology, though some of its interpreters claim it as a 'post-modern' eco-friendly science, in fact, while perhaps not as guilty as other of its post-modern interpreters might claim of the worst excesses of 'modernism', (...) nonetheless does retain the underlying assumptions of modernism. (The 'jargon' will be further explained.) The thesis will be supported by methods drawn from phenomenology. Phenomenological enquiry can reveal and criticise the modernist assumptions, while traditional phenomenological notions, in particular Heidegger's notion of Dwelling and Merleau-Ponty's notion of the body subject, I shall suggest, might form a more eco-friendly framework for enquiring into the character of interactions within the natural world and the basis of values in those interactions. (shrink)

Thus, Meyers provides a valuable account, not only of current medical attitudes, but also of relevant case and statute law as it stands at present.

David Charles presents a major new study of Aristotle's views on meaning, essence, necessity, and related topics. These interconnected views are central to Aristotle's metaphysics, philosophy of language, and philosophy of science, and are also highly relevant to current philosophical debates. Charles aims to reach a clear understanding of Aristotle's claims and arguments, to assess their truth, and to evaluate their importance to ancient and modern philosophy.