This paper draws on classical theories of wisdom to explore the organisational impact of nurses on Australian general practice. Between 2004 and 2008, numbers of general practice nurses doubled, the most rapid influx of nurses into any Australian workplace over the decade. Using data from the Australian General Practice Nurses Study, we argue that nurses had a positive impact because they introduced techne at the organisational level and amplified phronesis in clinical activities. In its Hippocratic formulation, techne refers to a (...) field of definable knowledge, which is purposeful and useful and requires mastery of rational principles. Nursing, with its focus on system and accountability, brought techne out of the GP’s consulting room and into the general practice as a whole. Nurses also exemplify phronesis, an Aristotelian virtue connoting a reasoned and honourable capacity to make judgements: the practical wisdom that defines the interaction between clinician and patient in general practice. At a time of significant GP shortage, doctors and nurses began to collaborate around their more complex and time-consuming patients, leading to a deepening of phronesis in the workplace. By bringing techne to bear on the organisation, and complementing and enhancing phronesis, nurses propel organisational wisdom in general practices. (shrink)

As a conscientious moral agent, a judge in a court of law often finds herself in a difficult position. She is confident that the law requires a certain result in the case before her, but she is at least as confident that this legally required result is unjust or otherwise morally objectionable. Consider some examples of cases in which a reasonable judge might consider herself to be in this position: ▪ The law of landlord and tenant can require a judge (...) to evict an impoverished, elderly widow from her apartment for missing rent payments.1 ▪ A student in a poor school district sues his state for providing a much lower caliber of education than students receive in wealthier districts. Binding legal precedent requires the judge to dismiss the student’s lawsuit. ▪ Binding precedents construing the Fourth Amendment require judges to exclude evidence obtained without a search warrant. As a result, a child molester is acquitted, and, predictably, strikes again. (shrink)

When judges decide cases in courts of law, are they ethically obligated to apply the law correctly? Many people who think about legal systems believe so. The conviction that judges are “bound” by the law is common among lawyers, judges, legal scholars, and members of the general public. One of the most severe accusations one can make against a public official is that she has deviated from the law in her official capacity. The principle of judicial fidelity figures centrally in (...) one of the most celebrated Western political values: the rule of law. This is an ideal which some Western powers, notably the United States, aspire to export on a global scale. The principle of judicial fidelity implies many basic norms of adjudication. These vary from one legal system to another, but in Anglo-American systems they include the following: trial judges must take all admissible evidence into account; judges must follow recognized sources of law, such as constitutions, legislation, and common-law rules; inferior courts must follow superior court rulings on matters of law; courts should give at least substantial weight even to “horizontal” precedent; et cetera. Limits of Legality is a scholarly monograph, in progress, that advances our understanding of the principle of judicial fidelity and defends a refined and unorthodox version of it. The book draws on my background as both a lawyer and a philosopher, addressing issues at the intersection of legal philosophy and ethical theory. It breaks new ground in the normative theory of adjudication – the branch of legal philosophy that concerns how judges in courts of law should decide cases. Mine is one of the first projects to apply the resources of contemporary normative ethics to central questions concerning the rule of law and judicial obligation. I model the normative presuppositions of existing theories of the rule of law in terms that take into account developments in ethical theory over the past two decades.. (shrink)

Several writers have argued recently that optimal rules of law authorize morally suboptimal decisions in certain cases.1 Larry Alexander calls these “gap cases.”2 Should judges in gap cases defer to legal rules or deviate from them? Philosophers known as “formalists” favor deference, “particularists” favor deviation.

In the State of Bernstein, operating a motor vehicle on a suspended license is a misdemeanor, punishable by permanent loss of one’s license. Officer Krupke arrests everyone who does this, as Tony has. But Tony says, “Gee, Officer Krupke, can’t you bend the rules? I went to your high school, you know.” Tony’s using a euphemism. He’s really asking Krupke to break the rules. Is there, however, a non-euphemistic way to bend a rule of law, without breaking it? More precisely, (...) can we ever bend a rule while still applying it, in some sense, or is this just doubletalk? Consider the case of Maria, whose driver’s license has also been suspended. Maria lives with her mother in a remote area, twenty miles from the nearest doctor. Maria’s mother comes down with a fever of one hundred two. It’s not life-threatening, but Maria wants to spare her mother suffering and hasten recovery, so she drives to the hospital herself, rather than waiting for an ambulance to make the trip out and back. Unfortunately for Maria, the statute contains no applicable exception. I stipulate that this statute is not unjust or otherwise defective, as written. Suppose there are conclusive reasons for legislators not to complicate the statute with exceptions broad enough to cover cases such as Maria’s. Writing such exceptions would encourage sub-optimal misapplication of the exception by judges and sub-optimal misconduct by legal subjects who would anticipate judicial misapplication of the statutory exception. Nevertheless, most will agree that Maria has strong reasons to act as she does. Rare is the writer who insists that rules of law trump all other reasons that bear on legal subjects. Some will insist that we give Maria’s mother a condition more life-threatening before they’ll assent. (shrink)

According to the standard positivist picture of law, each legal system contains a master rule that specifies criteria of legality for primary rules.1 A central debate in legal philosophy during the past twenty-five years has concerned the content of the master rule. Exclusive positivists insist that the master rule can only make reference to social facts or sources: “pedigree” criteria.2 As Ronald Dworkin emphasizes, however, some rulings can’t be justified exclusively by reference to pedigreed legal norms.3 Judges sometimes exercise.

In the second edition of this groundbreaking text in non-Western philosophy, sixteen experts introduce some of the great philosophical traditions in the world. The essays unveil exciting, sophisticated philosophical traditions that are too often neglected in the western world. The contributors include the leading scholars in their fields, but they write for students coming to these concepts for the first time. Building on revisions and updates to the original, this new edition also considers three philosophical traditions for the first time—Jewish, (...) Buddhist, and South Pacific philosophy. (shrink)

Tom Phillips' painting for the dustjacket of the hardback edition of Metaphysics as a Guide to Morals depicts a faintly translucent, darkly-coloured, multi-layered lattice of letters, in which each character abuts directly upon others above, below and beside it, each overwrites or is overwritten by others of varying dimensions, but none is immediately decipherable as part of a word; and at the centre of this array is a geometrically precise, illuminated circle—perhaps emanating from a light located behind or under (...) the layers of letters, perhaps from one directed at them from above. This image is open to many interpretations. It could represent the sun from Plato's myth of the cave shining through the dialogue in which he presents it ; it could also represent the light of Miss Murdoch's attention playing over the palimpsest of texts that make up the Western tradition of metaphysical thought. But for anyone encountering it upon closing the book after a first reading, it may also seem very precisely to crystallize one's initial impression of that text. (shrink)

Many bodily sensations are connected quite closely with specific actions: itches with scratching, for example, and hunger with eating. Indeed, these connections have the feel of conceptual connections. With the exception of D. M. Armstrong, philosophers have largely neglected this aspect of bodily sensations. In this paper, I propose a theory of bodily sensations that explains these connections. The theory ascribes intentional content to bodily sensations but not, strictly speaking, representational content. Rather, the content of these sensations is an imperative: (...) in the case of itches, 'Scratch!' The view avoids non-intentional qualia and hence accords with what could be called, generalizing Lycan slightly, the 'hegemony of intentionality'. (shrink)

Abstract:This paper is a preliminary attempt to better understand the concept of legitimacy in stakeholder theory. The normative component of stakeholder theory plays a central role in the concept of legitimacy. Though the elaboration of legitimacy contained herein applies generally to all “normative cores” this paper relies on Phillips’s principle of stakeholder fairness and therefore begins with a brief description of this work. This is followed by a discussion of the importance of legitimacy to stakeholder theory as well as (...) the general ambiguity of the term. A distinction is then drawn between normative and derivative legitimacy. Reference to this distinction helps distinguish between a relationship with the organization based on direct moral obligation and one based on the power to help or harm the organization. It is concluded that stakeholders who retain the ability to affect the organization arelegitimate(derivatively), but that this legitimacy is derived from the moral obligation owed other (normative) stakeholders and that the two sorts of legitimacy are importantly different from one another. An example of the normative/derivative distinction at work in managerial decision making is elaborated upon and managerial and research implications are then suggested. (shrink)

Research on the capacity to understand others' minds has tended to focus on representations ofbeliefs,which are widely taken to be among the most central and basic theory of mind representations. Representations ofknowledge, by contrast, have received comparatively little attention and have often been understood as depending on prior representations of belief. After all, how could one represent someone as knowing something if one does not even represent them as believing it? Drawing on a wide range of methods across cognitive science, (...) we ask whether belief or knowledge is the more basic kind of representation. The evidence indicates that nonhuman primates attribute knowledge but not belief, that knowledge representations arise earlier in human development than belief representations, that the capacity to represent knowledge may remain intact in patient populations even when belief representation is disrupted, that knowledge (but not belief) attributions are likely automatic, and that explicit knowledge attributions are made more quickly than equivalent belief attributions. Critically, the theory of mind representations uncovered by these various methods exhibits a set of signature features clearly indicative of knowledge: they are not modality-specific, they are factive, they are not just true belief, and they allow for representations of egocentric ignorance. We argue that these signature features elucidate the primary function of knowledge representation: facilitating learning from others about the external world. This suggests a new way of understanding theory of mind – one that is focused on understanding others' minds in relation to the actual world, rather than independent from it. (shrink)

The emergence of private authority has become a feature of the post-Cold War world. The contributors to this volume examine the implications of this erosion of the power of the state for global governance. They analyse actors as diverse as financial institutions, multinational corporations, religious terrorists and organised criminals. The themes of the book relate directly to debates concerning globalization and the role of international law, and will be of interest to scholars and students of international relations, politics, sociology and (...) law. (shrink)

In this article, I present a two-pronged argument for the immorality of contemporary, asymmetric drone warfare, based on my new interpretations of the just war principles of “proportionality” and “moral equivalence of combatants” (MEC). The justification for these new interpretations is that drone warfare continues to this day, having survived despite arguments against it that are based on traditional interpretations of just war theory (including one from Michael Walzer). On the basis of my argument, I echo Harry Van der Linden’s (...) call for “an international treaty banning all weaponized UAV [uninhabited aerial vehicles].”. (shrink)

This paper analyzes the nature of the Star Maker in Olaf Stapledon’s Star Maker, as well as Stapledon’s exploration of the theological problem of evil, as compared with philosophical conceptions of God and their respective theodicies in the tradition of classical theism, as propounded by philosophers such as Aristotle, Plotinus, Augustine, Maimonides, Aquinas, and Avicenna. It argues that Stapledon’s philosophical divergence from classical theism entails that the Star Maker of the novel is more demiurge than true divinity, and that this (...) divergence is integral to the basically amoral character of the Star Maker, as well as the purely aesthetic resolution of the problem of evil articulated in Star Maker. This analysis, in turn, will hopefully bear on future studies touching on the trope of quasi-divinities, evolved and contingent gods, present in the work of other SF authors. (shrink)

Leading philosopher of religion D. Z. Phillips argues that intellectuals need not see their task as being for or against religion, but as one of understanding it. What stands in the way of this task are certain methodological assumptions about what enquiry into religion must be. Beginning with Bernard Williams on Greek gods, Phillips goes on to examine these assumptions in the work of Hume, Feuerbach, Marx, Frazer, Tylor, Marett, Freud, Durkheim, Le;vy-Bruhl, Berger and Winch. The result exposes (...) confusion, but also gives logical space to religious belief without advocating personal acceptance of that belief, and shows how the academic study of religion may return to the contemplative task of doing conceptual justice to the world. Religion and the Hermeneutics of Contemplation extends in important ways D. Z. Phillips' seminal 1976 book Religion Without Explanation. It will be of interest to scholars and students of philosophy, anthropology, sociology and theology. (shrink)

Algorithms wield increasing control over our lives—over which jobs we get, whether we're granted loans, what information we're exposed to online, and so on. Algorithms can, and often do, wield their power in a biased way, and much work has been devoted to algorithmic bias. In contrast, algorithmic neutrality has gone largely neglected. I investigate three questions about algorithmic neutrality: What is it? Is it possible? And when we have it in mind, what can we learn about algorithmic bias?

You want to see the concert, but don’t want to take a long drive (even though the concert is far away). Such *strongly conflicting desire ascriptions* are, I show, wrongly predicted incompatible by standard semantics. I then object to possible solutions, and give my own, based on *some-things-considered desire*. Considering the fun of the concert, but ignoring the drive, you want to see the concert; considering the boredom of the drive, but ignoring the concert, you don’t want to take the (...) drive. (shrink)

Causation is a deeply intuitive and familiar relation, gripped powerfully by common sense. Or so it seems. As is typical in philosophy, however, that deep intuitive familiarity has not led to any philosophical account of causation that is at once clean, precise, and widely agreed upon. Not for lack of trying: the last thirty years or so have seen dozens of attempts to provide such an account, and the pace of development is, if anything, accelerating. (See Collins et al. [2003a] (...) for a comprehensive sampling of the latest work.). (shrink)

I examine the origins of ordinary racial thinking. In doing so, I argue against the thesis that it is the byproduct of a unique module. Instead, I defend a pluralistic thesis according to which different forms of racial thinking are driven by distinct mechanisms, each with their own etiology. I begin with the belief that visible features are diagnostic of race. I argue that the mechanisms responsible for face recognition have an important, albeit delimited, role to play in sustaining this (...) belief. I then argue that essentialist beliefs about race are driven by some of the mechanisms responsible for “entitativity perception”: the tendency to perceive some aggregates of people as more genuine groups than others. Finally, I argue that coalitional thinking about race is driven by a distinctive form of entitativity perception. However, I suggest that more data is needed to determine the prevalence of this form of racial thinking. (shrink)

Our lives are dominated by technology. We live with and through the achievements of technology. What is true of the rest of life is of course true of medicine. Many of us owe our existence and our continued vigour to some achievement of medical technology. And what is true in a major way of general medicine is to a significant degree true of psychiatry. Prozac has long since arrived, and in its wake an ever-growing armamentarium of new psychotropics; beyond that, (...) neuroscience promises ever more technological advances for the field. -/- However, the effect of technology on the field of psychiatry remains highly ambiguous. On the one hand there are the achievements, both in the science and practice of psychiatry; on the other hand technology's influence on the field threatens its identity as a humanistic practice. In this ambiguity psychiatry is not unique - major thinkers have for a long time been highly ambivalent and concerned about the technological order that now defines modern society. For the future, the danger is that the psychiatrically real becomes that which can be seen, the symptom, and especially that which can be measured. Disorders and treatments might become reduced to what can be defined by diagnostic criteria and what can be mapped out on a scale. -/- This book exams how technology has come to influence and drive psychiatry forward, and considers at just what cost these developments have been made. It includes a range of stimulating and thought-provoking chapters from a range of psychiatrists and philosophers. (shrink)

In a presidential speech to philosophers, J. R. Jones addressed the question, 'How do I know who I am?' But how do we know who he was? Different audiences will give different answers. Those who know only his philosophical writings in English will give one kind answer, while those who knew him as an inspirational speaker and leader in the fight to preserve and sustain the Welsh language and its culture, and as a troubler of theological waters, will give a (...) very different answer. As someone who knew him in both contexts, Dewi Z. Phillips argues that there are deep connections between J. R. Jones's major preoccupations with the identity of the self the identity of a nation, and the identity of God. This book will introduce new readers to J. R. Jones's work, and will also introduce his different audiences to each other. (shrink)

Aristotle claims that in some extenuating circumstances, the correct response to the wrongdoer is sungnōmē rather than blame. Sungnōmē has a wide spectrum of meanings that include aspects of sympathy, pity, fellow-feeling, pardon, and excuse, but the dominant interpretation among scholars takes Aristotle’s meaning to correspond most closely to forgiveness. Thus, it is commonly held that the virtuous Aristotelian agent ought to forgive wrongdoers in specific extenuating circumstances. Against the more popular forgiveness interpretation, I begin by defending a positive account (...) of sungnōmē as the correct judgment that a wrongdoer deserves excuse since she was not blameworthy. I then argue that since sungnōmē is merited on the grounds of fairness, this shows that both the forgiveness interpretation and a third, alternative interpretation of sungnōmē as sympathy mischaracterize both the justification for sungnōmē and its nature. Moreover, I argue that Aristotle not only lacks an account of forgiveness but in fact, that his account of blame is incompatible with forgiveness altogether. (shrink)

Eavesdropping judgments (judgments about truth, retraction, and consistency across contexts) about epistemic modals have been used in recent years to argue for a radical thesis: that truth is assessment-relative. We argue that judgments for 'I think that p' pattern in strikingly similar ways to judgments for 'Might p' and 'Probably p'. We argue for this by replicating three major experiments involving the latter and adding a condition with the form 'I think that p', showing that subjects respond in the same (...) way to 'thinks' as to modals. This poses a serious challenge to relativist treatments of the modal judgments, since a relativist treatment of the corresponding 'thinks' judgments is totally implausible, so if a unified account of the phenomena is to be found, it cannot be a relativist one. We briefly sketch how a unified account might look. (shrink)

This chapter pursues an understanding of what Cicero thought 'Italic' philosophy to be, and proceeds to develop a broader account of how Cicero's version compares with the surviving textual evidence and testimonia from the Hellenistic period of the philosophy of the 'Italic' philosophers, including the Lucanians 'Ocellus', 'Eccelus', and 'Aresas/Aesara', and the Rudian Ennius. Special focus is placed on their theories of cosmology, psychology, and law. Collocation of 'Italic' with 'Pythagorean' philosophy of this era aids in building a more comprehensive (...) view of what Hellenistic Pythagoreanism may have looked like. Uploaded here is the pre-publication version; please email me for the printed version. (shrink)

For serious yoga practitioners curious to know the ancient origins of the art, Stephen Phillips, a professional philosopher and sanskritist with a long-standing personal practice, lays out the philosophies of action, knowledge, and devotion as well as the processes of meditation, reasoning, and self-analysis that formed the basis of yoga in ancient and classical India and continue to shape it today. In discussing yoga's fundamental commitments, Phillips explores traditional teachings of hatha yoga, karma yoga, _bhakti_ yoga, and tantra, (...) and shows how such core concepts as self-monitoring consciousness, karma, nonharmfulness, reincarnation, and the powers of consciousness relate to modern practice. He outlines values implicit in _bhakti_ yoga and the tantric yoga of beauty and art and explains the occult psychologies of _koshas_, _skandhas_, and _chakras_. His book incorporates original translations from the early Upanishads, the _Bhagavad Gita_, the _Yoga Sutra_, the _Hatha Yoga Pradipika_, and seminal tantric writings of the tenth-century Kashmiri Shaivite, Abhinava Gupta. A glossary defining more than three hundred technical terms and an extensive bibliography offer further help to nonscholars. A remarkable exploration of yoga's conceptual legacy, _Yoga, Karma, and Rebirth_ crystallizes ideas about self and reality that unite the many incarnations of yoga. (shrink)

In this article, I offer the figure of the snake-bridge as (a) the coiled central metaphor in Gloria Anzaldúa’s masterpiece, Borderlands/La Frontera, (b) the interpretive bridge connecting the early (This Bridge Called My Back) middle (Borderlands) and late (Light in the Dark) periods of her oeuvre, and (c) an alternate unifying metaphor to mestizaje. My first section offers a close reading of Borderlands, locating snake-bridge in the east-west snake of the Rio Grande that queer Chicana borderlanders cross north and south (...) like snakes, while wrestling earthward with snake demons and skyward with snake goddesses. And my second section autopsies the dismembered snake-bridge in Light in the Dark, calling for a healing thereof in pursuit of a coalitional social justice politics that preserves the strengths of mestizaje without its dangers. (shrink)

Phillip Cary argues that Augustine invented or created the concept of self as an inner space--as space into which one can enter and in which one can find God. This concept of inwardness, says Cary, has worked its way deeply into the intellectual heritage of the West and many Western individuals have experienced themselves as inner selves. After surveying the idea of inwardness in Augustine's predecessors, Cary offers a re-examination of Augustine's own writings, making the controversial point that in his (...) early writings Augustine appears to hold that the human soul is quite literally divine. Cary goes on to contend that the crucial Book 7 of the Confessions is not a historical report of Augustine's "conversion" experience, but rather an explanation of his intellectual development over time. (shrink)

It follows from Humean principles of plenitude, I argue, that island universes are possible: physical reality might have 'absolutely isolated' parts. This makes trouble for Lewis's modal realism; but the realist has a way out. First, accept absolute actuality, which is defensible, I argue, on independent grounds. Second, revise the standard analysis of modality: modal operators are 'plural', not 'individual', quantifiers over possible worlds. This solves the problem of island universes and confers three additional benefits: an 'unqualified' principle of compossibility (...) can be accepted; the possibility of nothing can be accommodated; and the identity of indiscernible worlds can be decisively refuted. (shrink)

This volume contains eighteen papers, three with new postscripts, that were written over the past 35 years. Five of the papers have not been previously published. Together they provide a comprehensive account of modal reality—the realm of possible worlds—from a Humean perspective, with excursions into neighboring topics in metaphysics. Part 1 sketches an account of reality as a whole, both the mathematical and the modal, defending a form of plenitudinous realism: every consistent proposition is true of some portion of reality. (...) Part 2 presents and defends a realist theory of concrete possible worlds with an absolute ontological distinction between the actual and the merely possible. Part 3 presents and defends a Humean account of modal plenitude, formulating and endorsing principles of recombination, of plenitude of possible structures, and of plenitude of alien contents. Part 4 applies the Humean account to truthmaking, mereology, spacetime, and quantities. I argue that holding fast to Humean strictures leads to views that differ in radical ways from those put forth by contemporary metaphysicians. (shrink)

In this chapter, I survey what I call Lewisian approaches to modality: approaches that analyze modality in terms of concrete possible worlds and their parts. I take the following four theses to be characteristic of Lewisian approaches to modality. (1) There is no primitive modality. (2) There exists a plurality of concrete possible worlds. (3) Actuality is an indexical concept. (4) Modality de re is to be analyzed in terms of counterparts, not transworld identity. After an introductory section in which (...) I motivate analyzing modality in terms of possible worlds, I devote one section to each of these four theses. For each thesis, I take Lewis’s interpretation and defense as my starting point. I then consider and endorse alternative ways of accepting the thesis, some of which disagree substantially with Lewis’s interpretation or defense. There is more than one way to be a Lewisian about modality. (shrink)

Business ethics is a topic receiving much attention in the literature. However, the term 'business ethics' is not adequately defined. Typical definitions refer to the rightness or wrongness of behavior, but not everyone agrees on what is morally right or wrong, good or bad, ethical or unethical. To complicate the problem, nearly all available definitions exist at highly abstract levels. This article focuses on contemporary definitions of business ethics by business writers and professionals and on possible areas of agreement among (...) the available definitions. Then a definition is synthesized that is broad enough to cover the field of management in a sense as full as most managers might conceive of it. (shrink)