We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state's fiduciary duty to provide equal security under the rule of law, a duty that flows from the state's (...) institutional assumption of irresistible sovereign powers. (shrink)

Arguing that the state and its people stand in a fiduciary relationship, Sovereignty's Promise puts forward a bold new account of political authority and its legal limits. In doing so it presents a fresh argument for common law constitutionalism and a novel theoretical framework for understanding the requirements of the rule of law.

The fundamental interaction that triggers a fiduciary obligation is the exercise by one party of discretionary power of an administrative nature over another party's interests, where the latter party is unable, as a matter of fact or law, to exercise the fiduciary's power. The goal of this paper is to demonstrate that there is something "deeply fiduciary" about the interaction between a state and its subjects. The fiduciary nature of this relationship provides the justification for the state's legal authority and (...) its obligation to act in the interests of its subjects. The practical manifestation of the state's overarching fiduciary obligation to its subjects is the rule of law. (shrink)

A broad range of scholars contend that the rule of law is indifferent to human rights. I call this view the "no-rights thesis," and attempt to unsettle it. My argument draws on the work of Lon L. Fuller and begins with the idea that the fundamental justification of the rule of law rests on a juridical conception of human agency, one that finds expression in the legal and moral claims that can arise from human agency within the context of legal (...) relationships. I argue that the state and its legal subjects are in a particular kind of legal relationship with one another, a fiduciary relationship, and that the content of the state's ensuing fiduciary obligation is the rule of law. Because the rule of law is intelligible in terms of the right, and independently of the good, it follows that compliance with the rule of law necessarily makes a moral difference regardless of how poorly the state lives up to the demands of the good. This is a conceptual rather than an empirical claim, and it leads to the conclusion that respect for human agency in the context of the state-subject fiduciary relationship necessarily entails respect for human dignity, respect for human dignity entails respect for human rights, and therefore a commitment to the rule of law entails a commitment to human rights. (shrink)

For several decades, international law has recognized certain norms such as the prohibitions against genocide, slavery, and military aggression as "jus cogens"- peremptory law which supersedes conflicting international treaties and customs. Despite widespread acceptance of the jus cogens concept, legal theorists continue to debate whether peremptory norms derive their legal authority from state consent, natural law, or the demands of international public order. Anxiety over peremptory norms' legal basis has frustrated efforts to clarify the scope and content of jus cogens, (...) as well as placing peremptory norms on a collision course with inherited notions of state sovereignty. Drawing on Immanuel Kant 's conception of fiduciary relations, this Article develops a new theory of jus cogens based on the idea that states are fiduciaries of their people. According to the fiduciary theory, peremptory norms do not stand in opposition to state sovereignty; rather, they are constitutive of state sovereign authority because all states owe their subjects a fiduciary obligation to comply with such norms. The fiduciary model of the state resolves the longstanding tension in international legal theory between peremptory norms and state sovereignty and points to discrete formal and substantive criteria for identifying peremptory norms. (shrink)

The prevailing view in Canada of the Crown-Native fiduciary relationship is that it arose as a consequence of the Crown taking on the role of intermediary between First Nations and British settlers eager to acquire Aboriginal lands. First Nations are sometimes deemed to have surrendered their sovereignty in exchange for Crown protection. The author suggests that the sovereignty-for-protection argument does not supply a compelling account of how Aboriginal peoples lost their sovereignty to the Crown. Furthermore, Aboriginal treaties compel the courts (...) to take seriously Aboriginal peoples' sovereign authority to treat with the Crown. First Nations did not intend to surrender their sovereignty through the treaty process, but courts assume that this is the result. Against this background, the author argues that the Supreme Court of Canada has imposed fiduciary obligations on the Crown in order to legitimise the Crown's assertions of sovereignty over Canada's Aboriginal peoples. (shrink)

Parliamentary privilege immunises certain activities of legislative bodies and their members from the ordinary law and judicial scrutiny. The rule of law, on the other hand, insists that everyone - including public officials - is subject to the law. Moreover, the rule of law is usually understood to involve judicial review of executive rather than legislative action. Thus, parliamentary privilege seems to establish a public sphere that is beyond the rule of law. Notwithstanding the tension that appears between these two (...) ideas, I argue that parliamentary privilege and the rule of law, properly understood, support rather than oppose one another. However, the ideas can be reconciled only if we reject the jurisdictional and categorical approach to parliamentary privilege adopted recently by the Supreme Court of Canada in Canada (House of Commons) v. Vaid [2005] 1 S.C.R. 667, 2005 SCC 30. This approach should be rejected because it trades on an unsustainable distinction between review of the scope of an asserted privilege and review its actual exercise, with the Court finding that only issues of scope are subject to review, even if important human rights are at stake. (shrink)

The relationship between Canadian administrative law and the Canadian Charter of Rights and Freedoms is complex and still unfolding. If a decision touches a Charter right, frontline decision-makers and reviewing courts alike determine the requirements of legality using the Charter, administrative law principles, or some combination of the two. There is an emerging consensus that the Charter does not replace the common law, but rather embodies and supplements fundamental legal principles contained within it.This chapter sets out various ways in which (...) judicial review at common law has influenced understandings of the Charter, as well as the manner in which the Charter has influenced review of administrative decisions when a Charter right is clearly at stake. The influence runs in both directions, and has significant implications for judicial review of both the procedure and substance of administrative action. In the realm of procedure, the courts rely on the common law doctrine of procedural fairness to interpret the principles of fundamental justice set out in s. 7 of the Charter. However, when courts review the substance rather than the procedural aspects of a decision that engages a Charter right, they tend to review the decision using the analytical framework developed in R. v. Oakes for testing the validity of legislation. Taken together, these general features of the relationship between Charter jurisprudence and administrative law suggest that each is porous and open-textured to the other. Put another way, the relationship between the Charter and administrative law exhibits a cross-fertilization of principles and approaches which inform judicial review of administrative action. (shrink)

The self-ownserhip thesis claims that people are the rightful owners of themselves, and that as a consequence that are entitled to do as they please, and appropriate what they will, just so long as they do not harm others. I argue that this no-harm proviso is problematic in that our best conception of harm is not that A harms B if, and only if, A makes B worse off, but rather that A harms B if, and only if, A's action (...) makes B worse off than B ought to be under the lights of our best political and moral theory. A consequence of this analysis of harm is that the self-ownership thesis turns out to be too crude to serve as a foundational principle of any political theory concerned with the distribution of scarce resources. (shrink)

We explore two special challenges indigenous peoples pose to the idea of sovereigns as trustees for humanity. The first challenge is rooted in a colonial history during which a trusteeship model of sovereignty served as an enabler of paternalistic colonial policies. The challenge is to show that the trusteeship model is not irreparably colonial in nature. The second challenge, which emerges from the first, is to specify the scope and nature of indigenous peoples’ sovereignty within the trusteeship model. Whereas the (...) interaction between states and foreign nationals is the locus of cosmopolitan law, the relationship between states and indigenous peoples is distinctive. In the ordinary cosmopolitan case, foreign nationals do not purport to possess legal authority. Indigenous peoples often do make such a claim, pitting their claim to authority against the state’s. We discuss how international law has attempted to come to grips with indigenous sovereignty by requiring states to include indigenous peoples in decision-making processes that affect their historical lands and rights. A crucial fault line in the jurisprudence, however, separates a duty to consult indigenous peoples from a duty to acquire their free, prior and informed consent. The latter but not the former recognizes that indigenous peoples possess a veto over state projects on their lands, in effect recognizing in them a limited co-legislative power. We focus on recent jurisprudence from the Inter-American Court of Human Rights, and consider whether either the duty to consult or FPIC are enough to dispel the shadow of the trusteeship model’s colonial past. We suggest that they are a move in the right direction, and that implicitly they represent international law’s recognition that states are no longer the sole bearers of sovereignty at international law. In limited circumstances, international law recognizes indigenous peoples as sovereign actors. (shrink)

In international law, the term "jus cogens" refers to norms that are considered peremptory in the sense that they are mandatory and do not admit derogation. Although the jus cogens concept has achieved widespread acceptance, international legal theory has yet to furnish a satisfying account of jus cogens's legal basis. We argue that peremptory norms are inextricably linked to the sovereign powers assumed by all states. The key to understanding international jus cogens lies in Immanuel Kant 's discussion of the (...) innate right of children to their parents' care. Drawing on Kant 's account, our theory of jus cogens posits that states exercise sovereign authority as fiduciaries of the people subject to their power. An immanent feature of this state-subject fiduciary relationship is that the state must comply with jus cogens. The fiduciary theory clarifies jus cogens's content by generating discrete criteria for identifying peremptory norms. (shrink)

In Sovereignty’s Promise: The State as Fiduciary, Evan Fox-Decent uses the idea of fiduciary relationships to explain the legitimate exercise of governmental authority. He makes use of the idea of the state as a fiduciary for the people to ground an account of the duty to obey the law, to explain the proper relationships between colonial (or “settler”) societies and aboriginal populations, the role of agency discretion and judicial review in the administrative state, the rule of law, the (...) relationship between law and morality, and the foundations of human rights. While I was not convinced by several of the arguments, the book does have many important virtues. In particular, it provides a clear discussion of the idea of fiduciary relationships and duties that is useful for, and should be largely accessible to, non-lawyers. And, though I do not think that Fox-Decent has established all that he hoped to in the book, he does a good job of showing how fiduciary relationships are relevant to the above issues and worth considering. (shrink)

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)

Review of Evan Fox-Decent, _Sovereignty's Promise: The State as Fiduciary_.

A Decent Proposal: Ethical Review of Clinical Research Donald Evans and Martyn Evans Centre for Philosophy and Health Care University of Wales Swansea, UK The investigation and development of modern medicines and medical technology can create numerous ethical dilemmas both for clinical researchers and research ethics committees. A Decent Proposal: Ethical Review of Clinical Research seeks to facilitate and encourage good clinical research by exploring the concerns, responsibilities, general issues and particular pitfalls associated with ethical aspects of research. (...) It provides practical guidelines for researchers on how to improve the quality of research design, while for those appointed to scrutinise research proposals it offers advice on how to apply consistent, careful and critical reasoning to the process of assessing ethical standards. As such, it will provide invaluable assistance to clinical researchers and ethics committees alike in understanding the moral challenges posed by modern health care. (shrink)

This text of Elizabeth Fox-Genovese's is published posthumously in the context of pieces dedicated to her memory. It is unclear whether she intended it for eventual publication or whether she had intended it as a lecture; nor is there decisive evidence for a date of composition. In it, she reviews the stance of feminist literary criticism toward religion and finds it to be generally negative. She regrets that feminist critics see in religion mostly a means of subordinating women to men, (...) given that most of the writers whose work they explicate were themselves fervently religious. She then examines the feminization of religion in nineteenth-century America and the growing idea at the time of female moral stewardship. After examining the contrasting approaches taken to the process of feminization by Harriet Beecher Stowe and Elizabeth Cady Stanton, Fox-Genovese then takes as her main case Augusta Jane Evans's novels Beulah and St. Elmo. She argues that feminist critics, in concentrating on questions about the marriage or independence of Evans's characters miss Evans's central concern, which was the loss and recovery of her characters' faith. The feminist critics (given their hostility to religion) misunderstand that Evans's stance was not one against female individualism, but rather (given her commitment as a Christian) a stance against the unbridled individualism of modern American society. (shrink)

_Desk Set_, a 1957 20th Century Fox studio comedy, made with the sponsorship of IBM, charts the relationship between a reference librarian, Bunny Watson, and Richard Sumner, the inventor of a computer which appears to threaten her job. The film displays a thriving philodendron within Bunny’s skyscraper office, illustrating her organic style of thinking, and implicitly inviting us to see the plant in opposition to the computer. The suggestion that the plant is in some sense excessive, claiming attention beyond the (...) norms of the ornamental background houseplant, opens questions about how we look at plants on film. We find here a reframing of figure and ground, which relates the philodendron to moments where plants become conspicuous in early film and in horror. _Desk Set_ reflects a vegetal landscape characterised by all the commonplace instrumentalising of plants in modernity, amongst which the philodendron emerges as an exception. The plant does not point outwards to a putative wilderness. Instead, our looking at it allows us to contemplate it as an individuated specimen, and to move from that act of looking to recognise its deep entanglement with the urban environment, and with human care. (shrink)

The recent removal of the Richard Prince’s artwork Spiritual America from the Tate Modern’s “Pop Life: Art in a Material World” exhibition is the most recent and high-profile case of a work of art being withdrawn from a gallery in the UK on the grounds that it has allegedly breached legislation concerning indecent images of children. Surprisingly, the issue has been hardly considered by academics from law departments and is almost entirely ignored by philosophers specializing in aesthetics and ethics. This (...) essay considers the ethics of images of children by drawing from continental ethics and aesthetics, and by engaging with the only significant treatment of the subject undertaken by a philosopher, namely Peter J. King’s “No Plaything.” This paper shows that a continental perspective can open up positions that King’s ‘objectivist utilitarianism’ is oblivious of. In particular, the essay draws from Derrida’s reading of Kant’s Third Critique and the former’s quasi-conception of “the frame” in The Truth in Painting and “droit de regard” in Right of Inspection. In distinction to King, this paper engages with the actual existing reality of currently enacted laws and their application in particular cases such as in Spiritual America. I will begin with art ‘in the frame’ as the colloquial expression has it, art wrongfully and unjustly accused by the police. I will proceed via an examination of the question of the frame in Kant and Derrida, to demonstrate a need to reclaim the ethical status of works of art. The core procedure of my paper will be a ‘rediscovery’ of Spiritual America as the Kantian example that allows us to find the law. My argument will be that no work of art or image can of itself be decent or indecent. (shrink)

Let us give voice to this new demand: we need a critique of moral values, the value of these values should itself, for once, be examined. -Friedrich NietzscheAnyone who, stimulated by education, has come to feel the force of the various obligations in life, at some time or other comes to feel the irksomeness of carrying them out, and to recognize the sacrifice of interest involved; and, if thoughtful, he inevitably puts to himself the question: “Is there really a reason (...) why I should act in the ways in which hitherto I have thought I ought to act? … Should I not really be justified in simply trying to have a good time?” -H.A. Prichard. (shrink)

Social norms – rules governing which behaviours are deemed appropriate or inappropriate within a given community – are typically taken to be uniquely human. Recently, this position has been challenged by a number of philosophers, cognitive scientists, and ethologists, who have suggested that social norms may also be found in certain non-human animal communities. Such claims have elicited considerable scepticism from norm cognition researchers, who doubt that any non-human animals possess the psychological capacities necessary for normative cognition. However, there is (...) little agreement among these researchers about what these psychological prerequisites are. This makes empirical study of animal social norms difficult, since it is not clear what we are looking for and thus what should count as behavioural evidence for the presence (or absence) of social norms in animals. To break this impasse, we offer an approach that moves beyond contested psychological criteria for social norms. This approach is inspired by the animal culture research program, which has made a similar shift away from heavily psychological definitions of ‘culture’ and to become organized around a cluster of more empirically tractable concepts of culture. Here, we propose an analogous set of constructs built around the core notion of a normative regularity, which we define as a socially maintained pattern of behavioural conformity within a community. We suggest methods for studying potential normative regularities in wild and captive primates. We also discuss the broader scientific and philosophical implications of this research program with respect to questions of human uniqueness, animal welfare and conservation. (shrink)

What happens when we blur time and allow ourselves to haunt or to become haunted by ghosts of the past? Drawing on archaeological, historical, and ethnographic data, Blurring Timescapes, Subverting Erasure demonstrates the value of conceiving of ghosts not just as metaphors, but as mechanisms for making the past more concrete and allowing the negative specters of enduring historical legacies, such as colonialism and capitalism, to be exorcised.

This work examines Japanese government policies that impact on the environment in order to determine whether they incorporate a sufficient ethical substance. In the enquiry into the ethics of the policies, Kagawa-Fox explores how Western philosophers combined their theories to develop a 'Western environmental ethics code'; she also reveals the existence of a unique 'Japanese environmental ethics code' built on Japan's cultural traditions, religious practices, and empirical experiences. The discovery of the distinctive Japanese code is not only important for what (...) it discloses as a new philosophy, but most importantly how it can be used to analyse the ethical framework of the Japanese policies. In spite of the positive contributions that Japan has shown towards the global environment, the government has failed to show a corresponding moral obligation to the world ecology in its global environmental policy. The policies examined in the three case studies comprising whaling, nuclear energy, and forestry, have also been found wanting in ecological ethical considerations, both from a Western and Japanese perspective. The main reason for this is that the integrity of the policies has been compromised by Japanese vested interest groups; business and political interests ensure that the policies are primarily focused on maintaining sustainable economic growth. Whilst Japan's global environmental policy initiatives are the key to its economic survival into the 21st century, and these initiatives may achieve their aim, they do however fail the Japanese code of environmental ethics."--Publisher's description. (shrink)

Accession Number: ATLA0001712130; Hosting Book Page Citation: p 226-235.; Language(s): English; General Note: Bibliography: p 234-235.; Issued by ATLA: 20130825; Publication Type: Essay.

What is existentialism? -- Historical background -- Kierkegaard : in search of the individual -- Nietzsche : reinventing culture -- A brief look at phenomenology -- Heidegger : the quest for being -- Sartre : freedom without excuses -- De Beauvoir : freedom maturing -- Evaluation of existentialism and its legacy.

These are central to the accounts of lexical representation and meaning construction developed, giving rise to the Theory of Lexical Concepts and Cognitive ...

The coming of bioethics -- The coming of bioethicists -- "Choices on our conscience": the inauguration of the Kennedy Institute of Education -- "Hello, Dolly": bioethics in the media -- Celebrating bioethics and bioethicists -- Thinking socially and culturally in bioethics -- Reminiscences of observing participants -- Bioethics circles the globe -- Bioethics in France -- The development of bioethics in the Islamic Republic of Pakistan -- The coming of the culture wars to American bioethics.

This article proposes that Horace's Epodes and Ovid's Metamorphoses open with significant acrostics that comprise the first two letters, in some cases forming syllables, of successive lines: IB-AM/IAMB (Epod. 1.1–2) and IN-CO-(H)AS (Met. 1.1–3). Each acrostic, it will be argued, tees up programmatic concerns vital to the work it opens: generic identity and the interrelation of form and content (Epodes), etymology and monumentality (Metamorphoses). Moreover, as befits their placement at the head of collections, both acrostics negotiate the challenge of literary (...) commencement. The introduction reviews recent developments in acrostic studies and discusses important predecessors and parallels for Horace's and Ovid's ‘two-letter’ and syllabic acrostics. Two subsequent sections examine the acrostics singly, and a conclusion compares the dialogues that these acrostics open between author and reader, underscoring the welcome challenge which Ovid's acrostic offers to the prevailing scholarly view that this form of wordplay is a strictly visual affair. (shrink)

Building on self-professed perspectival approaches to both scientific knowledge and causation, I explore the potentially radical suggestion that perspectivalism can be extended to account for a type of objectivity in science. Motivated by recent claims from quantum foundations that quantum mechanics must admit the possibility of observer-dependent facts, I develop the notion of ‘perspectival objectivity’, and suggest that an easier pill to swallow, philosophically speaking, than observer-dependency is perspective-dependency, allowing for a notion of observer-independence indexed to an agent perspective. Working (...) through the case studies of colour perception and causal perspectivalism, I identify two places within which I claim perspectival objectivity is already employed, and make the connection to quantum mechanics through Bohr’s philosophy of quantum theory. I contend that perspectival objectivity can ensure, despite the possibility of perspective-dependent scientific facts, the objectivity of scientific inquiry. (shrink)

This special issue considers the significance of film to the establishment and development of scientific approaches to the mind. Bonnie Evans explores how the origins of film technologies in 1895 in France encouraged a series of innovative collaborations, influencing both psychological theorisation, and new filming techniques. Jeremy Blatter explains how Harvard psychologist Hugo Münsterberg created early films specifically designed to engage audiences using psychological tactics. Scott Curtis’ article examines how Yale psychologist Arnold Gesell was able to extract scientific data from (...) a film. Felix Rietmann’s article explores a collection of infant observation films from the 1930s and 1960s and how they developed unique narratives of mothers’ engagement with their children that did not necessarily match up with dominant scientific theories. Janet Harbord's article considers how a trilogy of films made at the Maudsley Hospital in the 1950s engaged with innovative film-making techniques that captured behaviour as discrete units. Seth Watter further examines how William S. Condon's use of the unique technology of the Bell and Howell 173BD projector in the 1960s created new understandings of human behaviour that could not have been predicted in advance, and which were highly influenced by the technology itself. Finally, Des O’Rawe explores how radical approaches in both anti-psychiatry, and documentary film-making in the 1960s created new opportunities for audiences to engage with different psychological states. All of these developments in film and psychology continue to influence understandings in both these fields to the present day. (shrink)

Pastor and trusted Bible teacher Dr. Tony Evans answers fundamental questions about the Christian faith to help children understand who God is and why they can trust Him with their lives. Help children build a firm foundation of faith.

What happens when science hits the headlines - for all the wrong reasons? Do you remember the 'Climategate' email leak? Or the 'Frankenscience'-style headlines about the perils of GM foods? What about the time the government sacked its own science advisor for challenging drug laws? The truth behind the attention-grabbing headlines was complex, nuanced - sometimes even mundane. Yet that's not how it was reported or remembered. We rely on the media to help us make sense of complicated scientific developments (...) that could transform our world. Yet all too often, science coverage in the British press has been less fact than fiction. And equally scientists have too often either avoided engaging with the press or have been actively prevented from doing so. The result? Media hype, political spin, and misinformation from those with vested interests. In Beyond the Hype, Fiona Fox - founding director of the Science Media Centre, set up by scientists to encourage openness and accuracy in science communication - takes us behind the scenes of some of the most contentious stories in science over the past two decades. From animal research and genetically modified foods to hybrid embryos and climate change, she reveals the highs and lows of each controversy and shows us how transparency can radically transform the way science is reported, and what a difference that makes to public understanding. (shrink)

Country music critics and scholars have noticed an apparent contradiction between the practical identity of country music with the image of the male country singer as the 'rhinestone cowboy'. In this case, the problem is one of how we can make sense of the rural, working-class, ruggedly masculinity persona common to the genre with its elaborately embroidered, brightly colored, and highly embellished male fashion. The intractability of this problem has led some to argue that the simplest solution is to just (...) deny the legitimacy of country music authenticity discourse altogether. That is, all the genre’s talk of the rural working class is inauthentic and should be discarded. Here, I argue that by accounting for country music authenticity in terms of the genre being a dual character concept, we can fully address the skeptic's worries. Beyond merely being compatible with the Nudie suit however, this notion of authenticity is also our best way of understanding the aesthetic value of the rhinestone cowboy image at all. The resulting picture, in which the suit primarily serves as an epistemic signifier of one’s standing in the country music community, allows for the Nudie suit to function as a class, and sometimes queer, commentary on mainstream culture. (shrink)

My aim in this paper is to defend negligence as a legitimate basis for moral and criminal culpability. In so doing, I also hope to demonstrate how philosophical and jurisprudential perspectives on responsibility can mutually inform each other. While much of the paper focuses on criminal negligence, my aim is to show how attention to certain doctrines and concepts in criminal law can shed light on our understanding of moral culpability including culpability for negligence. It is often taken to be (...) a fundamental principle of criminal law that an act cannot be guilty unless it is accompanied by a culpable state of mind or mens rea. This has led to scepticism regarding negligence as a legitimate basis for desert-based criminal sanction because it is not clear that negligence picks out any mental state at all, much less a culpable one. In this paper I articulate and defend a unified account of moral and criminal culpability that rejects the standard view of mens rea that underlies negligence-skepticism. Specifically, I hold that the mens rea element of a crime does not function to inculpate, as is standardly held, but to partly determine the description under which an action counts as wrongful. While I agree that we should be especially cautious about criminalizing negligence, the relevant question, on my view, is not whether a given mens is sufficiently culpable but whether the mens-cum-actus is sufficiently wrongful to warrant the attention of criminal justice. (shrink)

This chapter contains sections titled: Simple (or Hard) Decisions Simplicity and Complexity Globalization, Coffee, and Sweden Simple (or Hard) Gifts Notes.

This chapter contains sections titled: Playing the Blues Defining the Blues Wittgenstein to the Rescue Good Blues, Bad Blues, Walking Dead Blues Notes.

An essential introduction to post-war critical thought on the problem of violence.

While Kierkegaard’s philosophy focuses on concrete human existence, his thought has rarely been challenged regarding concrete and contemporary moral issues. This volume offers an overview of contemporary ethical issues from a Kierkegaardian perspective, deliberately taking him out of the sphere of Theology and Christian Ethics, and examining the ways in which his works can provide fruitful insight into questions which Kierkegaard certainly never himself envisaged, such as accepting refugees into our communities, understanding how we relate to social media, issues of (...) identity with regard to bioengineering or transgender identity, or problems of interreligious dialogue. The contributions in this volume, by international scholars, seek to address both the challenges and insights of Kierkegaard’s existential ethics for our contemporary societies, and its relation to topics of current interest in the field of moral philosophy. The volume is organized into three major sections: the first focusing on the relation between ethics and religion, a topic of primary importance with regard to the development of religious foundationalism and the challenges of dealing with diverse belief systems within our communities; the second on our understandings of ourselves and our relations to others with regard to issues of media and community; and the third targeting more specifically questions of identity, and the ways in which the developments of modern science impact identity construction. This work offers new paths for critically engaging with the moral issues of our times from an existential perspective. (shrink)

Marx, the Body, and Human Nature demonstrates that prior considerations of Marx's works did not place a sufficient emphasis on the difficulties and promise of bodily experience. Fox provides a fresh 'take' on Marx, revealing how he drew on philosophers ranging from Aristotle to Feuerbach to present a much more open, dynamic and unstable conception of the body and the self. The result is a theory of human nature that is of great contemporary relevance, particularly for those interested in the (...) body and embodiment, and those who wish to contest exaggerated notions of independence and individuality. (shrink)

Augustine is the person from the ancient world about whom we know most. He is the author of an intimate masterpiece, the Confessions, which continues to delight its many admirers. In it he writes about his infancy and his schooling in the classics in late Roman North Africa, his remarkable mother, his sexual sins ('Give me chastity, but not yet,' he famously prayed), his time in an outlawed heretical sect, his worldly career and friendships and his gradual return to God. (...) His account of his own eventual conversion is a classic study of anguish, hesitation and what he believes to be God's intervention. It has inspired philosophers, Christian thinkers and monastic followers, but it still leaves readers wondering why exactly Augustine chose to compose a work like none before it. Robin Lane Fox follows Augustine on a brilliantly described journey, combining the latest scholarship with recently found letters and sermons by Augustine himself to give a portrait of his subject which is subtly different from older biographies. Augustine's heretical years as a Manichaean, his relation to non-Christian philosophy, his mystical aspirations and the nature of his conversion are among the aspects of his life which stand out in a sharper light. For the first time Lane Fox compares him with two contemporaries, an older pagan and a younger Christian, each of whom also wrote about themselves and who illumine Augustine's life and writings by their different choices. More than a decade passed between Augustine's conversion and his beginning the Confessions. Lane Fox argues that the Confessions and their thinking were the results of a long gestation over these years, not a sudden change of perspective, but that they were then written as a single swift composition and that its final books are a coherent consummation of its scriptural meditation and personal biography. This exceptional study reminds us why we are so excited and so moved by Augustine's story. Praise for Pagans and Christians 'This open-hearted and learned book is one that any scholar of the ancient world and of early Christianity would be proud to have written... Lane Fox has opened his pages to let in an entirely new world.' Peter Brown, New York Review of Books 'A work of generous humanity and recondite erudition... of consuming interest to all of us who want to know and understand the consequences of the ancient world.' Henry Chadwick, Financial Times Praise for The Unauthorised Version 'I don't know where one would turn for an account of the Bible so clear, so lively and, in many respects, so just.' Frank Kermode, Guardian 'Magnificent... delivered with authority and verve. Learned but never pedantic, he is an unfailingly incisive, thought-provoking, humane, courteous, and often entertaining guide.' Economist. (shrink)

The question has long confounded philosophers and scientists, and it is this so-called explanatory gap between biological life and consciousness that Evan ...