This article explores the tension between competing discourses within the European Union, as this regional trading bloc seeks to capture further gains from market integration, whilst simultaneously attempting to soften the social impact of regional competition within its borders. This article analyzes the difficulty of maintaining the European social model, or a revised version of it, in the context of increased market integration. Through a close reading of two cases decided by the European Court of Justice in 2007, the article (...) interrogates the extent to which discourses on social rights at the EU level can be made sufficiently robust to ensure the application of international or national labor standards as a buttress against increasingly mobile capital, in order to prevent “social dumping." It concludes, however, that the terms on which the foundational texts of the EU integration project operate—elevating “market" rights to equal, fundamental, status with social and labor rights—means that the exercise of social rights such as the right to strike is ultimately contingent on their compatibility with market integration. (shrink)

Picking up the question of what FLaK might be, this editorial considers the relationship between openness and closure in feminist legal studies. How do we draw on feminist struggles for openness in common resources, from security to knowledge, as we inhabit a compromised space in commercial publishing? We think about this first in relation to the content of this issue: on image-based abuse continuums, asylum struggles, trials of protestors, customary justice, and not-so-timely reparations. Our thoughts take us through the different (...) ways that openness and closure work in struggles against violence, cruel welcomes, and re-arrangements of code and custom. Secondly, we share some reflections on methodological openness and closure as the roundtable conversation on asylum, and the interview with Riles, remind us of #FLaK2016 and its method of scattering sources as we think about how best to mix knowledges. Thirdly, prompted by the FLaK kitchen table conversations on openness, publishing and ‘getting the word out’, we respond to Kember’s call to ‘open up open access’. We explain the different current arrangements for opening up FLS content and how green open access, the sharedit initiative, author request and publisher discretion present alternatives to gold open access. Finally drawing on Franklin and Spade, we show how there are a range of ‘wench tactics’—adapting gifts, stalling and resting—which we deploy as academic editors who are trying to have an impact on the access, use and circulation of our journal, even though we do not own the journal we edit. These wench tactics are alternatives to the more obvious or reported tactic of resignation, or withdrawing academic labour from editing and reviewing altogether. They help us think about brewing editorial time, what ambivalence over our 25th birthday might mean, and how to inhabit painful places. In this, we respond in our own impure, compromised way to da Silva’s call not to forget the native and slave as we do FLaK, and repurpose shrapnel, in our common commitments. (shrink)

It has been three years since we held the Feminism, Legality and Knowledge seminar to respond to our developing frustrations and excitement around feminist legal studies and academic publishing. In the wake of our 25th anniversary in 2018, we critically reflect further on our original intention to stock up on decolonising techniques to mix feminism, legality and knowledge whilst building on previous consideration of our self-proclaimed ‘international’ status. These reflections are prompted by editorial board members’ experiences as participants in the (...) Cardiff Law and Global Justice Centre’s British Academy-funded Global South Socio-Legal Writing Workshops in Accra, Nairobi and Recife in 2018. Following an explanation of the concerns with academic publishing that have prompted this reflection, we provide a narrative of our experiences in each of the three workshops exploring the lessons learned and their impact on our practice as editors and scholars in feminist legal studies. We finish with a renewal of our commitment to decolonise our minds and practices by continuing to struggle to earn the label ‘international’ for the journal now and in future. A brief introduction to the contents of this issue of FLS follows the reflection. (shrink)

This paper is a response to a certain sort of argument defending the rights of animals. Part I is a brief explanation of the background and of the sort of argument I want to reject; Part II is an attempt to characterize those arguments: they contain fundamental confusions about moral relations between people and people and between people and animals. And Part III is an indication of what I think can still be said on—as it were–the animals' side.

Reading Wittgenstein with Anscombe, Going On To Ethics is a collection of seven essays, divided into three parts. The essays bring out connections between Wittgenstein's thinking and questions of continuing interest in the philosophy of language, logic, and ethics. A dialogue with Anscombe runs through the essays, which take up questions about how we should respond to thinking that has miscarried or gone off the rails. The main issues discussed in this book concern how we are to understand thoughts, forms (...) of words, and uses of language that seem crucially important to our understanding or self-understanding, but cannot fit in the template we instinctively bring to bear on questions about how language and thought are related to reality. The book presents Wittgenstein as a responsive philosopher, and it does this through a continuing dialogue with Anscombe. (shrink)

Wittgensteinian ethics, it may be thought, is committed to detailed examination of realistically described cases, and hence to eschewing the abstract hypothetical cases, many of them quite bizarre, found in much contemporary moral theorizing. I argue that bizarre cases may be helpful in thinking about ethics, and that there is nothing in Wittgenstein's approach to philosophy that would go against this. I examine the case of the ring of Gyges from the Republic; and I consider also some contemporary arguments about (...) thought-experiments in philosophy. (shrink)

Every work on Jewish thought and law since the twelfth century bears the imprint of Maimonides. A.N. Whitehead's famous dictum that the entire European philosophical tradition 'consists of a series of footnotes to Plato' could equally characterize Maimonides' place in the Jewish tradition. The critical studies in this volume explore how Orthodox rabbis of different orientations--Shlomo Aviner, Naftali Zvi Yehudah Berlin (Netziv), Kalonymus Kalman Shapira, Joseph Kafih, Abraham Isaac Kook, Aaron Kotler, Joseph Soloveitchik, and Elhanan Wasserman--have read and provided footnotes (...) to Maimonides in the long twentieth century. How well did they really understand Maimonides? And where do their arguments fit in the mainstream debates about him and his works? Each of the seven core chapters examines a particular approach. Some rabbis have tried to liberate themselves from the influence of his ideas. Others have sought to build on those ideas or expand them in ways which Maimonides himself did not pursue, and which he may well not have agreed with. Still others advance patently non-Maimonidean positions, while attributing them to none other than Maimonides. Above all, the essays published here demonstrate that his legacy remains vibrantly alive today. (shrink)

Each chapter in Encountering the Medieval in Modern Jewish Thought addresses a different Jewish return to the medieval by using a language of renewal.

There is a natural view of nonsense, which owes what attraction it has to the apparent absence of alternatives. In Frege and Wittgenstein there is a view which goes against the natural one, and the purpose of this paper is to establish that it is a possible view of nonsense.

P.M.S. Hacker has argued that there are numerous misconceptions in James Conant's account of Wittgenstein's views and of those of Carnap. I discuss only Hacker's treatment of Conant on logical syntax in the _Tractatus. I try to show that passages in the _Tractatus which Hacker takes to count strongly against Conant's view do no such thing, and that he himself has not explained how he can account for a significant passage which certainly appears to support Conant's reading.

In this paper, I plan to show that the use of a specific population concept—Millstein’s Causal Interactionist Population Concept (CIPC)—has interesting and counter-intuitive ramifications for discussions of the reality of biological race in human beings. These peculiar ramifications apply to human beings writ large and to individuals. While this in and of itself may not be problematic, I plan to show that the ramifications that follow from applying Millstein’s CIPC to human beings complicates specific biological racial realist accounts—naïve or otherwise. (...) I conclude with the notion that even if biological races do exist—by fulfilling all of the criteria needed for Millstein’s population concept (which, given particular worries raised by Gannett (Synthese 177:363–385, 2010), and Winther and Kaplan (Theoria 60:54–80, 2013) may not)—the lower-bound limit for the scope of biological racial realism is at the level of populations, and as such they cannot say anything about whether or not individual organisms themselves have races. (shrink)

Legal norms serve as practical standards for individuals and officials. While this ‘normative aspect’ of law is widely acknowledged, its significance for theories of law remains contested. In this paper, I examine three views on the matter. First, that we should explain legal norms as reason-giving. Second, that we should explain legal discourse as being about reasons for action. Third, that we should explain law as capable of being reason-giving. I survey some challenges associated with each of these views. What (...) they have in common is an implicit assumption about the form that normative explanation must take: that it must be a linear, non-reductive explanation. There is an alternative model for normative explanation available, however. That model explains normative notions in terms of the practices and attitudes involved in recognizing, offering, and demanding them. I highlight the potentials, and limitations, of this practice-centered alternative. (shrink)

In his adoption of the Maimonidean guidelines for extreme humility, the king acts as the supreme existential model for imitatio dei. Imperial governance, when filtered through the prism of Maimonidean humility, results in a regime that most closely resembles a divine one. Using those who occupy the very bottom of the social and political hierarchy (slaves and orphans) as models, the king projects his own sense of "lowliness" to the people. The king thereby promotes their sense of autonomy, and inhibits (...) any anthropocentrism that would be fostered if he were to be viewed as an autocrat. His administration of the royal office is limited by the ethical and philosophical dictates of humility, thereby offering a window into the distinction between its common (anivut) and extreme (shefal ruah) manifestations. Maimonides does in fact define the parameters of this extraordinary humility, but he chooses to do so within the context of a distinct and concrete personality--that of the king. (shrink)

As we move toward the creation of a networked health information environment, the potential of privacy intrusions increases, with potentially devastating impact on quality and access to healthcare. This paper describes the risks we face and proposes a framework to minimize those risks. In particular, it proposes nine principles to protect privacy in an information age.

The idea of a fundamental difference between humans and animals may be used to justify subordinating animals to human interests. The presupposition that may need to be examined is that the moral relation to animals must be based on some fundamental property. Much of the discussion concerning animal awareness is framed in Cartesian terms, suggesting that a different perspective might be helpful in improving human-animal relationships and understanding.

Publisher's description: The realistic spirit, a nonmetaphysical approach to philosophical thought concerned with the character of philosophy itself, informs all of the discussions in these essays by philosopher Cora Diamond. Diamond explains Wittgenstein's notoriously elusive later writings, explores the background to his thought in the work of Frege, and discusses ethics in a way that reflects his influence. Diamond's new reading of Wittgenstein challenges currently accepted interpretations and shows what it means to look without mythology at the (...) coherence, commitments, and connections that are distinctive of the mind. (shrink)

The authors argue that there is a world within us filled with memories, perceptions, tastes, preferences, biases, and beliefs that have been encoded and are expressed on an unaware, largely non-conscious level but, nevertheless, alter the quality, substance and trajectory of our lives.

_Philosophy and Animal Life_ offers a new way of thinking about animal rights, our obligation to animals, and the nature of philosophy itself. Cora Diamond begins with "The Difficulty of Reality and the Difficulty of Philosophy," in which she accuses analytical philosophy of evading, or deflecting, the responsibility of human beings toward nonhuman animals. Diamond then explores the animal question as it is bound up with the more general problem of philosophical skepticism. Focusing specifically on J. M. Coetzee's (...) _The Lives of Animals_, she considers the failure of language to capture the vulnerability of humans and animals. Stanley Cavell responds to Diamond's argument with his own close reading of Coetzee's work, connecting the human-animal relation to further themes of morality and philosophy. John McDowell follows with a critique of both Diamond and Cavell, and Ian Hacking explains why Cora Diamond's essay is so deeply perturbing and, paradoxically for a philosopher, he favors poetry over philosophy as a way of overcoming some of her difficulties. Cary Wolfe's introduction situates these arguments within the broader context of contemporary continental philosophy and theory, particularly Jacques Derrida's work on deconstruction and the question of the animal. _Philosophy and Animal Life_ is a crucial collection for those interested in animal rights, ethics, and the development of philosophical inquiry. It also offers a unique exploration of the role of ethics in Coetzee's fiction. (shrink)

(2013). Sickle Cell Disease and the “Difficult Patient” Conundrum. The American Journal of Bioethics: Vol. 13, No. 4, pp. 3-10. doi: 10.1080/15265161.2013.767954.

Wittgenstein gives voice to an aspiration that is central to his later philosophy, well before he becomes later Wittgenstein, when he writes in §4.112 of the Tractatus that philosophy is not a matter of putting forward a doctrine or a theory, but consists rather in the practice of an activity – an activity he goes on to characterize as one of elucidation or clarification – an activity which he says does not result in philosophische Sätze, in propositions of philosophy, but (...) rather in das Klarwerden von Sätzen, in our attaining clarity in our relation to the sentences of our language that we call upon to express our thoughts.1 To say that early Wittgenstein already aspired to such a conception of philosophy is not to gainsay that to aspire to practice philosophy in such a manner and to succeed in doing so are not the same thing. It is therefore not to deny that, by Wittgenstein’s later lights, the Tractatus is to be judged a work that is marked by forms of failure tied to its having failed fully to live up to such an aspiration. But if it is thus to be judged, then it is to some degree a failure even by Wittgenstein’s own earlier lights. This means that if one wants to understand the fundamental turn in Wittgenstein’s thinking as he moves from his earlier to his later philosophy, and why it is that he wanted the Tractatus to be published and read together with Philosophical Investigations, one needs to understand what sort of failure this is – and that requires coming to terms with the Tractatus’s own understanding of what sort of work it was trying to be. We think that readers of the Tractatus – be they admirers or detractors of Wittgenstein – have, on the whole, failed to do this. (shrink)

I want to argue for the importance of the notion human being in ethics. Part I of the paper presents two different sorts of argument against treating that notion as important in ethics. A. Here is an example of the first sort of argument. What makes us human beings is that we have certain properties, but these properties, making us members of a certain biological species, have no moral relevance. If, on the other hand, we define being human in terms (...) which are not tied to biological classification, if we treat as the properties which make us human the capacities for reasoning or for self-consciousness, then indeed those capacities may be morally relevant, but if they are morally significant at all, they are significant whether they are the properties of a being who is a member of our species or not. And so it would be better to use a word like ‘person’ to mean a being that has these properties , to bring out the fact that not all human beings have them and that non-human beings conceivably might have them. (shrink)

This essay is a critical review of two recent collections, Feminism and Foucault: Reflections on Resistance, edited by Irene Diamond and Lee Quinby and Feminism as Critique: On the Politics of Gender, edited by Seyla Benhabib and Drucilla Cornell. While the collections differ in their manner of addressing the critical sources that have inspired them-the former relying upon a single theorist, the latter attempting to move through some of the philosophical history that constitutes our present theoretical terrain-both attempt to (...) think through and thus revisualize some of the categories of difference which we have inherited. Though the best essays from these collections are celebrated for demonstrating how "feminism as critique" can work to move us toward a clearer and more inclusive feminist theory, questions are raised about what the inattention to race in these volumes suggests about our own role in the construction of power and knowledge, and the erasures that help to secure them both. (shrink)

One of Iris Murdoch's most characteristic philosophical ideas is that any way of understanding what moral philosophy is and how it may be practised will be shaped by deep-going conceptual attitudes, of which moral philosophers themselves may be unaware. In her own philosophical writings, she tried to bring out the role played by these attitudes, and to unsettle accepted ideas about the subject. I examine some of the elements in her thought which open up different ways of understanding the subject, (...) and I discuss the relevance of these ideas to contemporary moral philosophy. (shrink)

In “The Human Prejudice”, Bernard Williams discusses our treating human beings differently in our moral thinking from the ways we treat other creatures. He criticises the idea that this expresses a prejudice, speciesism, analogous to racism and sexism. His essay has been misunderstood by some of its critics, including Peter Singer and Jeff McMahan. My essay sets out several questions one may have about Williams's essay, and explains how they can be answered. I make clear the connections between “The Human (...) Prejudice” and some main elements in Williams's thinking about ethics, including his criticisms of moral theory. (shrink)