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)

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)

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)

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

What are the philosophical views of professional philosophers, and how do these views change over time? The 2020 PhilPapers Survey surveyed around 2000 philosophers on 100 philosophical questions. The results provide a snapshot of the state of some central debates in philosophy, reveal correlations and demographic effects involving philosophers' views, and reveal some changes in philosophers' views over the last decade.

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)

A leading political theorist’s groundbreaking defense of ideal conceptions of justice in political philosophy Throughout the history of political philosophy and politics, there has been continual debate about the roles of idealism versus realism. For contemporary political philosophy, this debate manifests in notions of ideal theory versus nonideal theory. Nonideal thinkers shift their focus from theorizing about full social justice, asking instead which feasible institutional and political changes would make a society more just. Ideal thinkers, on the other hand, question (...) whether full justice is a standard that any society is likely ever to satisfy. And, if social justice is unrealistic, are attempts to understand it without value or importance, and merely utopian? Utopophobia argues against thinking that justice must be realistic, or that understanding justice is only valuable if it can be realized. David Estlund does not offer a particular theory of justice, nor does he assert that justice is indeed unrealizable—only that it could be, and this possibility upsets common ways of proceeding in political thought. Estlund engages critically with important strands in traditional and contemporary political philosophy that assume a sound theory of justice has the overriding, defining task of contributing practical guidance toward greater social justice. Along the way, he counters several tempting perspectives, including the view that inquiry in political philosophy could have significant value only as a guide to practical political action, and that understanding true justice would necessarily have practical value, at least as an ideal arrangement to be approximated. Demonstrating that unrealistic standards of justice can be both sound and valuable to understand, Utopophobia stands as a trenchant defense of ideal theory in political philosophy. (shrink)

David Hume's Enquiry concerning Human Understanding is the definitive statement of the greatest philosopher in the English language. His arguments in support of reasoning from experience, and against the "sophistry and illusion"of religiously inspired philosophical fantasies, caused controversy in the eighteenth century and are strikingly relevant today, when faith and science continue to clash. The Enquiry considers the origin and processes of human thought, reaching the stark conclusion that we can have no ultimate understanding of the physical world, or (...) indeed our own minds. In either sphere we must depend on instinctive learning from experience, recognizing our animal nature and the limits of reason. Hume's calm and open-minded skepticism thus aims to provide a new basis for science, liberating us from the "superstition" of false metaphysics and religion. His Enquiry remains one of the best introductions to the study of philosophy, and his edition places it in its historical and philosophical context. (shrink)

The zetetic turn in epistemology raises three questions about epistemic and zetetic norms. First, there is the relationship question: what is the relationship between epistemic and zetetic norms? Are some epistemic norms zetetic norms, or are epistemic and zetetic norms distinct? Second, there is the tension question: are traditional epistemic norms in tension with plausible zetetic norms? Third, there is the reaction question: how should theorists react to a tension between epistemic and zetetic norms? Drawing on an analogy to practical (...) philosophy, I develop a focal point view to resolve these motivating questions. On the focal point view, traditional epistemic norms and zetetic norms answer different types of normative questions. There is nevertheless a familiar type of evaluative tension between traditional epistemic norms and zetetic norms, but this tension is an unavoidable feature of the normative landscape and not a sign that traditional epistemic norms need revision. But if traditional epistemic norms are not zetetic norms, then in what sense is zetetic epistemology a project for epistemologists? I conclude by articulating a sense in which some nontraditional epistemic norms are zetetic norms, and in which zetetic epistemology is an important part of the study of theoretical rationality. (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)

By means of an example, shows the possibility of beliefs that are separately rational whilst together inconsistent.

One of the enduring concerns of moral philosophy is deciding who or what is deserving of ethical consideration. Much recent attention has been devoted to the "animal question" -- consideration of the moral status of nonhuman animals. In this book, David Gunkel takes up the "machine question": whether and to what extent intelligent and autonomous machines of our own making can be considered to have legitimate moral responsibilities and any legitimate claim to moral consideration. The machine question poses a (...) fundamental challenge to moral thinking, questioning the traditional philosophical conceptualization of technology as a tool or instrument to be used by human agents. Gunkel begins by addressing the question of machine moral agency: whether a machine might be considered a legitimate moral agent that could be held responsible for decisions and actions. He then approaches the machine question from the other side, considering whether a machine might be a moral patient due legitimate moral consideration. Finally, Gunkel considers some recent innovations in moral philosophy and critical theory that complicate the machine question, deconstructing the binary agent--patient opposition itself. Technological advances may prompt us to wonder if the science fiction of computers and robots whose actions affect their human companions could become science fact. Gunkel's argument promises to influence future considerations of ethics, ourselves, and the other entities who inhabit this world. (shrink)

How should one react when one has a belief, but knows that other people—who have roughly the same evidence as one has, and seem roughly as likely to react to it correctly—disagree? This paper argues that the disagreement of other competent inquirers often requires one to be much less confident in one’s opinions than one would otherwise be.

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)

I attempt to get as clear as possible on the chain of reasoning by which irreversible macrodynamics is derivable from time-reversible microphysics, and in particular to clarify just what kinds of assumptions about the initial state of the universe, and about the nature of the microdynamics, are needed in these derivations. I conclude that while a “Past Hypothesis” about the early Universe does seem necessary to carry out such derivations, that Hypothesis is not correctly understood as a constraint on the (...) early Universe’s entropy. (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)

We start by presenting three different views that jointly imply that every person has many conscious beings in their immediate vicinity, and that the number greatly varies from person to person. We then present and assess an argument to the conclusion that how confident someone should be in these views should sensitively depend on how massive they happen to be. According to the argument, sometimes irreducibly de se observations can be powerful evidence for or against believing in metaphysical theories.

Worries about mental causation are prominent in contemporary discussions of the mind and human agency. Originally, the problem of mental causation was that of understanding how a mental substance (thought to be immaterial) could interact with a material substance, a body. Most philosophers nowadays repudiate immaterial minds, but the problem of mental causation has not gone away. Instead, focus has shifted to mental properties. How could mental properties be causally relevant to bodily behavior? How could something mental qua mental cause (...) what it does? After looking at the traditional Problem of Interaction, we survey various versions of the property-based problem and look at proposed solutions to them. (shrink)

Unprecedented advances in medicine, genetic engineering, and demographic forecasting raise new questions that strain the categories and assumptions of traditional ethical theories. Heyd's approach resolves many paradoxes in intergenerational justice, while offering a major test case for the profound problems of the limits of ethics and the nature of value. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and (...) impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1992. (shrink)

Our aim in this entry is to articulate the state of the art in the moral psychology of personal identity. We begin by discussing the major philosophical theories of personal identity, including their shortcomings. We then turn to recent psychological work on personal identity and the self, investigations that often illuminate our person-related normative concerns. We conclude by discussing the implications of this psychological work for some contemporary philosophical theories and suggesting fruitful areas for future work on personal identity.

Since the 1990s the so-called transparency of experience has played a crucial role in core debates in philosophy of mind. However, recent developments in the literature have made transparency itself quite opaque. The very idea of transparent experience has become quite fuzzy, due to the articulation of many different notions of transparency and transparency theses. Absent a unified logical space where these notions and theses can be mapped and confronted, we are left with an overall impression of conceptual chaos. This (...) is a problem, given the constant and ubiquitous references to transparency in the literature and its prominent position in the contemporary philosophy of mind. My goal in this paper is to restore clarity through proper analysis of the mutual relations between the different transparency theses. This allows me to uncover a unitary multidimensional logical space where existing (as well as possible) views can be properly singled out and located. (shrink)

1. The Shmagency Challenge to Constitutivism In metaethics – and indeed, meta-normativity – constitutivism is a family of views that hope to ground normativity in norms, or standards, or motives, or aims that are constitutive of action and agency. And mostly because of the influential work of Christine Korsgaard and David Velleman, constitutivism seems to be gaining grounds in the current literature. The promises of constitutivism are significant. Perhaps chief among them are the hope to provide with some kind (...) of answer to the skeptic about morality or perhaps practical reason, and the hope to secure for practical reason a kind of objectivity that is consistent with its practical, motivationally engaged nature. The former philosophical motivation for constitutivism – most clearly present in much of Korsgaard’s relevant work[1] – relies on the fact that constitutive norms seem to be less mysterious than not-clearly-constitutive norms. There arguably is nothing mysterious about, say, the norms of certain reasonably-well-defined activities, like building a house, or playing chess. And challenges by the relevant skeptic – the one asking "Why should I make sure the house I’m building can shelter people from the weather?" or "Why should I not castle when my king is checked?" – seem very rare, barely intelligible, and anyway remarkably easy to cope with. We should explain to the misguided skeptic that if he doesn’t even try to build something that can protect people from the weather, he’s not in the business of building a house at all; that if she doesn’t even try to play by the rules of chess, she’s not in the business of playing chess at all; and so on. It would be nice, the constitutivist hope seems to go, if we had something equally powerful by way of a response to the skeptic asking "Why be moral?". The other main motivation for constitutivism – most clearly present in David Velleman’s relevant work[2] – starts from a commitment to some rather strong kind of existence-internalism about reasons: An agent has a reason to?, according to such views ), only if she can come to?, or at least to be motivated to?, by sound deliberation starting from her actual motivational set. (shrink)

We become ill in ways our parents and grandparents did not, with diseases unheard of and treatments undreamed of generations ago. This text tells the story of the modern experience of illness, linking ideas of illness, health, and postmodernism.

Dark matter is a fundamental component of the standard cosmological model, but in spite of four decades of increasingly sensitive searches, no-one has yet detected a single dark-matter particle in the laboratory. An alternative cosmological paradigm exists: MOND (Modified Newtonian Dynamics). Observations explained in the standard model by postulating dark matter are explained in MOND by proposing a modification of Newton's laws of motion. Both MOND and the standard model have had successes and failures – but only MOND has repeatedly (...) predicted observational facts in advance of their discovery. In this volume, David Merritt outlines why such predictions are considered by many philosophers of science to be the 'gold standard' when it comes to judging a theory's validity. In a world where the standard model receives most attention, the author applies criteria from the philosophy of science to assess, in a systematic way, the viability of this alternative cosmological paradigm. (shrink)

Epistemic Evaluation aims to explore and apply a particular methodology in epistemology. The methodology is to consider the point or purpose of our epistemic evaluations, and to pursue epistemological theory in light of such matters. Call this purposeful epistemology. The idea is that considerations about the point and purpose of epistemic evaluation might fruitfully constrain epistemological theory and yield insights for epistemological reflection. Several contributions to this volume explicitly address this general methodology, or some version of it. Others focus on (...) advancing some application of the methodology rather than on theorizing about it. The papers go on to explore the idea that purposes allow one to understand the conceptual demands on knowing, examine how purposeful epistemology might shed light on the debate between internalist and externalist epistemologies, and further develop the idea of purposeful epistemology. (shrink)

Two models of assertion are described and their epistemological implications considered. The assurance model draws a parallel between the ethical norms surrounding promising and the epistemic norms which facilitate the transmission of testimonial knowledge. This model is rejected in favour of the view that assertion transmits knowledge by expressing belief. I go on to compare the epistemology of testimony with the epistemology of memory.

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)