This book approaches the topic of the subjective, lived experience of hate crime from the perspective of Husserlian phenomenology. It provides an experientially well-grounded account of how and what is experienced as a hate crime, and what this reveals about ourselves as the continually reconstituted “subject” of such experiences. The book shows how qualitative social science methods can be better grounded in philosophically informed theory and methodological practices to add greater depth and explanatory power to experiential approaches to social sciences (...) topics. The Authors also highlight several gaps and contradictions within Husserlian analyses of prejudice, which are exposed by attempts to concretely apply this approach to the field of hate crimes. Coverage includes the difficulties in providing an empathetic understanding of expressions of harmful forms of prejudice underlying hate crimes, including hate speech, arising from our own and others’ ‘life worlds’. The Authors describe a ‘Husserlian-based’ view of hate crime as well as a novel interpretation of the value of the comprehensive methodological stages pioneered by Husserl. The intended readership includes those concerned with discrimination and hate crime, as well as those involved in qualitative research into social topics in general. The broader content level makes this work suitable for undergraduate and postgraduate students, even professionals within law enforcement. (shrink)

This article addresses, from a Frankfurt School perspective on law identified with Franz Neumann and more recently Habermas, the attack upon the principles of war criminality formulated at the Nuremberg trials by the increasingly influential legal and political theory of Carl Schmitt. It also considers the contradictions within certain of the defence arguments that Schmitt himself resorted to when interrogated as a possible war crimes defendant at Nuremberg. The overall argument is that a distinctly internal, or “immanent”, form of critique (...) is required of Schmitt's position, in which its is found wanting even on its own terms. In principle, the application of this dialectical mode of critique can allow a genuine debate to emerge between those seeking to continue both the Schmittian and critical theory traditions, whilst safeguarding the latter from the dangers of formulating polemical interventions that are, in effect, counterproductive to their own intentions. (shrink)

Introduction : up against Carl Schmitt -- An afterlife for Carl Schmitt? -- On politics, law and ideology -- Mobilising direct political action: Sorel, myths and counter-myths -- Myths of parliamentarism -- Leviathan : a political myth misfired? -- Hamlet as an instructive prototype of a political myth? -- Political myths underpinning democracy.

Carl Schmitt, an increasingly influential German law professor, developed a provocative and historically oriented model of “political theology” with specific relevance to legal scholarship and the authorship of constitutional texts. His “political theology” is best understood neither as an expressly theological discourse within constitutional law, nor as a uniquely legal discourse shaped by a hidden theological agenda. Instead, it addresses the possibility of the continual resurfacing of theological ideas and beliefs within legal discourses of, for instance, sovereignty, the force of (...) law and states of emergency (or “exception”) that present themselves as relentlessly secular, even—in the case of Kelsenian jurisprudence—”scientific”. This article illustrates and then critically evaluates Schmitt’s theory in terms of the authorship of constitutional texts in particular. It includes two case studies—genocidal colonial land appropriation and Kelsenian positivism in order to illustrate aspects of his political theology. Whilst Schmitt is defended against reductionist interpretations, I show that there remains considerable unfinished business before a Schmittian approach to legal theory merits full acceptance. (shrink)

With a selection of essays chosen from a wide range of possible candidates this collection strikes an optimal balance between direct relevance to controversies and rigorous contributions from Hegelian scholarship with regard to Hegel and the law.

This book approaches the topic of the subjective, lived experience of hate crime from the perspective of Husserlian phenomenology. It provides an experientially well-grounded account of how and what is experienced as a hate crime, and what this reveals about ourselves as the continually reconstituted “subject” of such experiences. The book shows how qualitative social science methods can be better grounded in philosophically informed theory and methodological practices to add greater depth and explanatory power to experiential approaches to social sciences (...) topics. The Authors also highlight several gaps and contradictions within Husserlian analyses of prejudice, which are exposed by attempts to concretely apply this approach to the field of hate crimes. Coverage includes the difficulties in providing an empathetic understanding of expressions of harmful forms of prejudice underlying hate crimes, including hate speech, arising from our own and others’ ‘life worlds’. The Authors describe a ‘Husserlian-based’ view of hate crime as well as a novel interpretation of the value of the comprehensive methodological stages pioneered by Husserl. The intended readership includes those concerned with discrimination and hate crime, as well as those involved in qualitative research into social topics in general. The broader content level makes this work suitable for undergraduate and postgraduate students, even professionals within law enforcement. (shrink)

The field of hate crime research addresses the presence, sources and impact of particular types of expressions of prejudice, often perceived as particularly damaging and hurtful forms of interpersonal abuse and violence. Little, if any, credible academic research seeks to vindicate the specific racist, gendered and other vicious prejudices articulated by many perpetrators of hate crime. In turn, this raises the reflexive question of the possibilities of researchers themselves ever being able to adopt a truly "unprejudiced" approach to the presence (...) of such damaging prejudices. Can this goal be realised without a researcher necessarily losing an experientially-grounded understanding of what these meanings, values and purposes have come to mean, and how they are themselves interpretatively re-constituted anew, including within the lived experience of victims, witnesses, police, prosecutors, judges and victim support workers? A possible philosophically-informed approach to the dilemmas posed by this topic is offered by Husserl's phenomenology. Husserl's perpetually unfinished philosophical methodology strives, with concerted if sometimes tragic reflective rigor, to "suspend," "bracket out" and "neutralise" those core presuppositions constitutive of the research field that typically pre-judge precisely whatever demands to be questioned and explored in a radically non-prejudicial manner. This study critically explores the possibilities, reflective stages and theoretical limitations of a sympathetically reconstructed Husserlian approach to hate crime, itself understood as a would-be qualitative "science of consciousness." It argues that despite its manifest tensions, gaps, ambiguities and internal contradictions, aspects of the Husserlian philosophical approach directed towards the different levels of experienced hate crime still retain the potential to both challenge and advance our understanding of this topic. It is the "instructive" part of "instructive failure" that this article highlights. (shrink)

Coins, Art and Chronology: Essays on the pre-Islamic History of the Indo-Iranian Borderlands. Ed. Michael Alram and Deborah E. Klimburg-Salter. Österreichische Akademie der Wissenschaften, Vienna 1999, viii, 498 pp., 131 ill. ATS 1,498, DM 205.

Legal precedent, professional‐society statements, and even many medical ethicists agree that some situations may call for a clinician to engage in an act of lying or nonlying deception of a patient or patient's family member. Still, the moral terrain of clinical deception is largely uncharted, and when it comes to practical guidance for clinicians, many might think that ethicists offer nothing more than the rule never to deceive. This guidance is insufficient to meet the real‐world demands of clinical practice, and (...) this article endeavors to articulate a framework to help clinicians better navigate the ethics of clinical deceit. The framework articulates four morally relevant dimensions of a potential deceptive act that should be examined to better determine the moral justification that might be required: the target of the act, the nature of the information, the nature of the act, and the context of the act. (shrink)

How we experience space by listening: the concepts of aural architecture, with examples ranging from Gothic cathedrals to surround sound home theater. We experience spaces not only by seeing but also by listening. We can navigate a room in the dark, and "hear" the emptiness of a house without furniture. Our experience of music in a concert hall depends on whether we sit in the front row or under the balcony. The unique acoustics of religious spaces acquire symbolic meaning. Social (...) relationships are strongly influenced by the way that space changes sound. In Spaces Speak, Are You Listening?, Barry Blesser and Linda-Ruth Salter examine auditory spatial awareness: experiencing space by attentive listening. Every environment has an aural architecture.The audible attributes of physical space have always contributed to the fabric of human culture, as demonstrated by prehistoric multimedia cave paintings, classical Greek open-air theaters, Gothic cathedrals, acoustic geography of French villages, modern music reproduction, and virtual spaces in home theaters. Auditory spatial awareness is a prism that reveals a culture's attitudes toward hearing and space. Some listeners can learn to "see" objects with their ears, but even without training, we can all hear spatial geometry such as an open door or low ceiling. Integrating contributions from a wide range of disciplines—including architecture, music, acoustics, evolution, anthropology, cognitive psychology, audio engineering, and many others—Spaces Speak, Are You Listening? establishes the concepts and language of aural architecture. These concepts provide an interdisciplinary guide for anyone interested in gaining a better understanding of how space enhances our well-being. Aural architecture is not the exclusive domain of specialists. Accidentally or intentionally, we all function as aural architects. (shrink)

Our aim in this article is to bring some clarity to the clinical ethics expertise debate by critiquing and replacing the taxonomy offered by the Core Competencies report. The orienting question for our taxonomy is: Can clinical ethicists offer justified, normative recommendations for active patient cases? Views that answer “no” are characterized as a “negative” view of clinical ethics expertise and are further differentiated based on (a) why they think ethicists cannot give justified normative recommendations and (b) what they think (...) ethicists can offer, if they cannot offer recommendations. Views that answer “yes” to the orienting question are characterized as a “positive” view of clinical ethics expertise. Positive views are distinguished according to four additional questions. First (P1), how are those recommendations generated? Second (P2), what is the nature of the recommendations? Third (P3), we ask, how are the recommendations justified? And finally (P4), how are the recommendations communicated? (shrink)

Morals from Motives develops a virtue ethics inspired more by Hume and Hutcheson's moral sentimentalism than by recently-influential Aristotelianism. It argues that a reconfigured and expanded "morality of caring" can offer a general account of right and wrong action as well as social justice. Expanding the frontiers of ethics, it goes on to show how a motive-based "pure" virtue theory can also help us to understand the nature of human well-being and practical reason.

This book fills a gap in studies of meaning by providing detailed case studies of attested corpus data on the meanings of words and phrases.

The American Journal of Bioethics, Volume 12, Issue 7, Page 27-30, July 2012.

Empathy is commonly regarded as an essential attribute for doctors and there is a conviction that empathy must be taught to medical students. Yet it is not clear exactly what empathy is, from a philosophical or sociological point of view, or whether it can be taught. The meaning, role and relevance of empathy in medical education have tended to be unquestioningly assumed; there is a need to examine and contextualise these assumptions. This paper opens up that debate, arguing that ‘empathy’, (...) as it is commonly understood, is neither necessary nor sufficient to guarantee good medical or ethical practice. (shrink)

We argue against Christopher Meyers’s call for clinical ethicists to participate in deceiving patients, surrogate decision-makers, or family members. While we acknowledge that some forms of deception may be ethically appropriate in highly circumscribed situations, the type of case Meyers describes as involving justifiable deception differs in at least two important ways. First, Meyers fails to distinguish acts of deception based on the critical feature of who is being deceived—patient, surrogate, or family member—and the overarching duty to respect the autonomy (...) of relevant decision-makers to make rationally-informed decisions. Second, Meyers’s analysis relies on an assessment of harm, a value-laden concept which health care professionals and ethicists should not presumptively assess without considering how the patient, surrogate, or family might assess specific harms. (shrink)

The definitive work on the philosophical nature and impact of the theories of Charles Darwin, written by a well-known authority on the history and philosophy of Darwinism. Broadly explores the theories of Charles Darwin and Darwin studies Incorporates much information about modern Biology Offers a comprehensive discussion of Darwinism and Christianity – including Creationism – by one of the leading authorities in the field Written in clear, concise, user-friendly language supplemented with quality illustrations Examines the status of evolutionary theory as (...) a genuine theory and its implications for philosophy, epistemology and ethics Provides a strong understanding of the philosophical nature and impact of Darwin's thought Holds wide appeal for general audiences outside the world of academic philosophy Strongly supports Darwinism and fully explores modern naturalistic explanations of religion. (shrink)

Theories of discourse bring to realism new ideas about how knowledge develops and how representations of reality are influenced. We gain an understanding of the conceptual aspect of social life and the processes by which meaning is produced. This collection reflects the growing interest realist critics have shown towards forms of discourse theory and deconstruction. The diverse range of contributions address such issues as the work of Derrida and deconstruction, discourse theory, Eurocentrism and poststructuralism. What unites all of the contributions (...) is a sense that it is essential to provide a realist alternative to the hitherto dominance of social constructionism, hermeneutics and postmodernism, over many of the issues discussed. By developing a realist perspective the different authors attempt to embed discourse within the structured nature of the reality of the world. Realism can situate language, discourse and ideology within context specific, or 'causally efficacious' circumstances. Realism can help to uncover issues of power, representation, and subjectivity and how discursive and other social practices produce real effects. This can help us understand the manner in which social structures are reproduced through various forms of ideology and discourse. And by knowing this, we can start to address questions concerning human emancipation and how the world is to be transformed. (shrink)

Michael Quante focuses on what Hegel has to say about such central concepts as action, person and will, and then brings these views to bear on contemporary debates in analytic philosophy. This book enables professional analytic philosophers and their students to understand the significance of Hegel's philosophy to contemporary theory of action. As such, it will contribute to the ever-increasing erosion of the barrier between the continental and analytic approaches to philosophy.

According to a historically popular view, emotions are normative experiences that ground moral knowledge much as perceptual experiences ground empirical knowledge. Given the analogy it draws between emotion and perception, sentimental perceptualism constitutes a promising, naturalist-friendly alternative to classical rationalist accounts of moral knowledge. In this paper, we consider an important but underappreciated objection to the view, namely that in contrast with perception, emotions depend for their occurrence on prior representational states, with the result that emotions cannot give perceptual-like access (...) to normative properties. We argue that underlying this objection are several specific problems, rooted in the different types of mental states to which emotions may respond, that the sentimental perceptualist must tackle for her view to be successful. We argue, moreover, that the problems can be answered by filling out the theory with several independently motivated yet highly controversial commitments, which we carefully catalogue. The plausibility of sentimental perceptualism, as a result, hinges on further claims sentimental perceptualists should not ignore. (shrink)

Divided into four parts, this treatise begins with well-known criticisms of nonreligious ethics and then develops an atheistic metaethics. In Part 2, Martin criticizes the Christian foundation of ethics, specifically the ’divine command theory’ and the idea of imitating the life of Jesus as the basis of Christian morality. Part 3 demonstrates that life can be meaningful in the absence of religious belief. Part 4 criticizes the theistic point of view in general terms as well as the specific Christian doctrines (...) of the atonement, salvation, and the resurrection. (publisher, edited). (shrink)

Animals and War: Confronting the Military-Animal Industrial Complex is the first book to examine how nonhuman animals are used in war and the military. Animals and War contributes significantly to the fields of social justice, animal rights, and anti-war/peace activist communities. This book also will be read by peace, conflict, social justice, and critical animal studies scholars, students, and practitioners.

Animals and War: Confronting the Military-Animal Industrial Complex is the first book to examine how nonhuman animals are used in war and the military. Animals and War contributes significantly to the fields of social justice, animal rights, and anti-war/peace activist communities. This book also will be read by peace, conflict, social justice, and critical animal studies scholars, students, and practitioners.

The first edition of The Scientific Background to Modern Philosophy took the dialogue of science and philosophy from Aristotle through to Newton. This second edition adds eight chapters, taking the dialogue through the Enlightenment and up to Darwin. This anthology is an attempt to help bridge the gap between the history of science and the history of philosophy.

The guiding inspiration of this book is the attraction and distance that mark the relation between anthropology and philosophy. This theme is explored through encounters between individual anthropologists and particular regions of philosophy. Several of the most basic concepts of the discipline—including notions of ethics, politics, temporality, self and other, and the nature of human life—are products of a dialogue, both implicit and explicit, between anthropology and philosophy. These philosophical undercurrents in anthropology also speak to the question of what it (...) is to experience our being in a world marked by radical difference and otherness. In The Ground Between, twelve leading anthropologists offer intimate reflections on the influence of particular philosophers on their way of seeing the world, and on what ethnography has taught them about philosophy. Ethnographies of the mundane and the everyday raise fundamental issues that the contributors grapple with in both their lives and their thinking. With directness and honesty, they relate particular philosophers to matters such as how to respond to the suffering of the other, how concepts arise in the give and take of everyday life, and how to be attuned to the world through the senses. Their essays challenge the idea that philosophy is solely the province of professional philosophers, and suggest that certain modalities of being in the world might be construed as ways of doing philosophy. Contributors. João Biehl, Steven C. Caton, Vincent Crapanzano, Veena Das, Didier Fassin, Michael M. J. Fischer, Ghassan Hage, Clara Han, Michael Jackson, Arthur Kleinman, Michael Puett, Bhrigupati Singh. (shrink)

The siren call of individualism is compelling. And although we have recognized its dangerous allure in the realm of adult decision-making, it has had profound and yet unnoticed dangerous effects in pediatric decision-making as well. Liberal individualism as instantiated in the best interest standard conceptualizes the child as independent and unencumbered and the goal of child rearing as rational autonomous adulthood, a characterization that is both ontologically false and normatively dangerous. Although a notion of the individuated child might have a (...) place in establishing a threshold of care obligated and enforced by the state, beyond this context we should turn our attention more explicitly to the relational interests of children. (shrink)

Scientific understanding, this paper argues, can be analyzed entirely in terms of a mental act of “grasping” and a notion of explanation. To understand why a phenomenon occurs is to grasp a correct explanation of the phenomenon. To understand a scientific theory is to be able to construct, or at least to grasp, a range of potential explanations in which that theory accounts for other phenomena. There is no route to scientific understanding, then, that does not go by way of (...) scientific explanation. (shrink)

The Oxford Handbook of Metaphysics offers the most authoritative and compelling guide to this diverse and fertile field of philosophy. Twenty-four of the world's most distinguished specialists provide brand-new essays about 'what there is': what kinds of things there are, and what relations hold among entities falling under various categories. They give the latest word on such topics as identity, modality, time, causation, persons and minds, freedom, and vagueness. The Handbook's unrivaled breadth and depth make it the definitive reference work (...) for students and academics across the philosophical spectrum. (shrink)

This thought provoking book uncovers a crisis in the political imagination, a wide-spread failure to provide the passionate sense of community "in which our need for belonging can be met." Seeking the answers to fundamental questions, Michael Ignatieff writes vividly both about ideas and about the people who tried to live by them—from Augustine to Bosch, from Rosseau to Simone Weil. Incisive and moving, The Needs of Strangers returns philosophy to its proper place, as a guide to the art (...) of being human. (shrink)

Ethnic nepotism theory predicts that even in times of communal peace altruism is more pronounced within than between ethnic groups. The present study tested the hypothesis that altruism in the form of alms giving would be greater within than between ethnic groups, and greater between more closely related groups than between more distant groups. The three groups chosen for study were ethnic Russians, Moldavians, and Gypsies. Russians are genetically closer to Moldavians than to Gypsies. Observations were made of 128 ethnic (...) Russian, 25 Moldavian, and 25 Gypsy beggars receiving gifts from ethnic Russians in Moscow trains. The Gypsies were mainly girls, contrary to the Russian sample. Multivariate analysis identified three main strategies: active, personified, and appeasing-undirected. Russian strategies were most variable. Gypsies presented strong charity releasers: 84% were children who played music and sang and showed appeasing-undirected behavior. The few adults were highly submissive or friendly. Nevertheless, their success was limited compared with that of ethnic Russians despite the latter’s demanding behavior and their being mostly mature or elderly persons. Moldavians received an intermediate amount of charity. The hypothesis was supported. (shrink)