The interface between mental health services and the criminal justice system presents challenges both for professionals and patients. Both systems are stressed and inherently complex. Section 136 of the Mental Health Act is unusual being both an aspect of the Mental Health Act and a power of arrest. It has a long and controversial history related to concerns about who has been detained and how the section was applied. More recently, Section 136 has had a public profile stemming from the (...) use of police cells as places of safety for young, mentally disturbed individuals. This paper explores the current state of health of this piece of legislation. Specifically, we consider whether alternative approaches are more suitable for those individuals in crisis and/or distress who come into contact with the police. This requires careful thought as to the proper role of both health and criminal justice professionals who are daily grappling with an ethically contentious domain of multiagency work. (shrink)

The approach to managing the involuntary detention of people suffering from psychiatric conditions can be divided into those with clinicians at the forefront of decision-making and those who rely heavily on the judiciary. The system in England and Wales takes a clinical approach where doctors have widespread powers to detain and treat patients involuntarily. A protection in this system is the right of the individual to challenge a decision to deprive them of their liberty or treat them against their will. (...) This protection is provided by the First-tier Tribunal; however, the number of successful appeals is low. In this paper, the system of appeal in England and Wales is outlined. This is followed by a discussion of why so few patients successfully appeal their detention with the conclusion that the current system is flawed. A number of recommendations about how the system might be reformed are offered. (shrink)

In this "concise philosophy of the machine," Gerald Raunig provides a historical and critical backdrop to a concept proposed forty years ago by the French philosophers Félix Guattari and Gilles Deleuze: the machine, not as a technical device and apparatus, but as a social composition and concatenation. This conception of the machine as an arrangement of technical, bodily, intellectual, and social components subverts the opposition between man and machine, organism and mechanism, individual and community. Drawing from an unusual range of (...) films, literature, and performance--from the role of bicycles in Flann O'Brien's fiction to Vittorio de Sica's Neorealist film The Bicycle Thieves, and from Karl Marx's "Fragment on Machines" to the deus ex machina of Greek drama--Raunig arrives at an enhanced conception of the machine as a social movement, finding its most apt and concrete manifestation in the Euromayday movement, which since 2001 has become a transnational activist and discursive practice focused upon the precarious nature of labor and lives. (shrink)

In this paper I want to propose that we see solipsism as arising from certain problems we have about identifying ourselves as subjects in an objective world. The discussion will centre on Wittgenstein’s treatment of solipsism in his Tractatus Logico- Philosophicus. In that work Wittgenstein can be seen to express an unusually profound understanding of the problems faced in trying to give an account of how we, who are subjects, identify ourselves as objects in the world. We have in his (...) compressed remarks, the kernels of a number of arguments which all come together to form what can be called the problem of self-identification. I want to argue that the solipsism of the Tractatus arises at least in part as a solution to, or – to put it less optimistically – as a symptom or articulation of this problem. In approaching Wittgenstein’s early discussion of solipsism in this way I will obviously be in disagreement with some other interpretations of the work. For example, there are those who think that there is no ‘solipsism of the Tractatus’.1 In fact, the Tractarian arguments presented below as motivating solipsism have been seen as fulfilling the quite opposite function of refuting it. I do not intend in this piece to engage with alternative interpretations. Let me say a little bit about why I have granted myself the licence not to do so. First, the focus of my concern with solipsism is on how it connects with what I have called the problem of self-identification. While it is a concern that emerged in an attempt to make sense of Wittgenstein’s remarks in. (shrink)

John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional rational basis review (...) in terms of liberal neutrality akin to Rawls’s “public reason,” and overturned Proposition 8 and established same-sex marriage. (This reinterpretation was amplified in the 9th Circuit Court’s decision upholding the district court on appeal in Perry v. Brown.) But on its own grounds Perry should have drawn the opposite conclusion. This is because all the available arguments for recognizing same-sex unions as civil marriages stem from controversial comprehensive doctrines about the good, and this violates the ideal of public reason; yet there remains a publicly reasonable argument for traditional marriage, which I sketch here. In the course of my argument I develop Rawls’s politically liberal account of the family by drawing upon work by J. David Velleman and H. L. A. Hart, and discuss the implications of this account for political theory and constitutional law. (shrink)

Niche construction is the process whereby organisms, through their activities and choices, modify their own and each other’s niches. By transforming natural-selection pressures, niche construction generates feedback in evolution at various different levels. Niche-constructing species play important ecological roles by creating habitats and resources used by other species and thereby affecting the flow of energy and matter through ecosystems—a process often referred to as “ecosystem engineering.” An important emphasis of niche construction theory is that acquired characters play an evolutionary role (...) through transforming selective environments. This is particularly relevant to human evolution, where our species has engaged in extensive environmental modification through cultural practices. Humans can construct developmental environments that feed back to affect how individuals learn and develop and the diseases to which they are exposed. Here we provide an introduction to NCT and illustrate some of its more important implications for the human sciences. (shrink)

While new generations of implantable brain computer interface devices are being developed, evidence in the literature about their impact on the patient experience is lagging. In this article, we address this knowledge gap by analysing data from the first-in-human clinical trial to study patients with implanted BCI advisory devices. We explored perceptions of self-change across six patients who volunteered to be implanted with artificially intelligent BCI devices. We used qualitative methodological tools grounded in phenomenology to conduct in-depth, semi-structured interviews. Results (...) show that, on the one hand, BCIs can positively increase a sense of the self and control; on the other hand, they can induce radical distress, feelings of loss of control, and a rupture of patient identity. We conclude by offering suggestions for the proactive creation of preparedness protocols specific to intelligent—predictive and advisory—BCI technologies essential to prevent potential iatrogenic harms. (shrink)

Lucy O'Brien argues that a satisfactory account of first-person reference and self-knowledge needs to concentrate on our nature as agents. Clearly written, with rigorous discussion of rival views, this book will be of interest to anyone working in the philosophy of mind and action.

Most models of corporate social responsibility revolve around the controversy as to whether business is a single dimensional entity of profit maximization or a multi-dimensional entity serving greater societal interests. Furthermore, the models are mostly descriptive in nature and are based on the experiences of western countries. There has been little attempt to develop a model that accounts for corporate social responsibility in diverse environments with differing socio-cultural and market settings. In this paper an attempt has been made to fill (...) this gap by developing a two-dimensional model of corporate social responsibility and empirically testing its validity in the context of two dissimilar cultures – Australia and Bangladesh. The two dimensions are the span of corporate responsibility and the range of outcomes of social commitments of businesses. The test results confirm the validity of the two-dimensional model in the two environments. The Factor analysis revealed two leading dimensions. Cluster analysis pointed to two distinctive clusters of managers in both Australia and Bangladesh, one consisting of managers with a broad contemporary concept of social responsibility, and the other with a limited narrow view. The paper concludes that corporate social responsibility is two-dimensional and universal in nature and that differing cultural and market settings in which managers operate may have little impact on the ethical perceptions of corporate managers. (shrink)

In most countries, the alcohol industry enjoys considerable freedom to market its products. Where government regulation is proposed or enacted, the alcohol industry has often deployed legal arguments and used legal forums to challenge regulation. Governments considering marketing regulation must be cognizant of relevant legal constraints and be prepared to defend their policies against industry legal challenges.

Written in response to what he recognizes as the problematic philosophical underpinnings of “orthodox research ethics,” Alex John London’s For the Common Good reimagines what is called for in any effort to create a better system of oversight and regulation in biomedical research. London weaves a common thread — justice — through this historical and critical account of the practice of research ethics and its organization of stakeholders, institutions and regulations. By introducing the idea of “a common good” London reframes (...) the narrative and responsibilities of the research ethics field to demonstrate that scientific research and regard for the rights and welfare of individuals are not mutually exclusive. This impressive monograph encourages its readers to push past the limitations of traditional research ethics to consider the context in which the discipline is embedded. That is, rather than settling for analysis at the level of researchers and research participants alone, London encourages us to expand our inquiry to encompass a wider array of stakeholders who co-labor in the social undertaking of biomedical knowledge production. London accomplishes the difficult task of upstream analysis — turning his attention to the conditions and assumptions which create ethical dilemmas rather than applying a retrospective ethical salve to injuries near-guaranteed by a broken system. As opposed to the limited domain of orthodox research ethics London also considers the role and contributions of affected communities, pharmaceutical firms, philanthropic organizations, and journal editors among others. (shrink)

Heidegger?s accounts of Dasein?s dual nature as both individual and social in Being and Time have been a longstanding source of confusion and controversy in the literature. Many critics have been keen to identify contradictions between Heidegger?s positive account of the social nature of everyday Dasein and the putatively solipsistic account of authentic Dasein which comes later. This paper focuses on Heidegger?s brief attempts to sketch the outlines for the notion of something like authentic intersubjectivity. In doing so we will (...) see where the temptation arises to read Heidegger as having failed to remain consistent but also how Heidegger himself is responsible for some of the confusion here. (shrink)

'The Essential Plotinus is a lifesaver.

Doctors have an ethical and legal duty to respect patient confidentiality. We consider the basis for this duty, looking particularly at the meaning and value of autonomy in health care. Enabling patients to decide how information about them is disclosed is an important element in autonomy and helps patients engage as active partners in their care.Good quality data is, however, essential for research, education, public health monitoring, and for many other activities essential to provision of health care. We discuss whether (...) it is necessary to choose between individual rights and the wider public interest and conclude that this should only rarely be necessary. The paper makes some recommendations on practical steps which could help ensure that good quality information is available for work which benefits society and the public health, while still enabling patients’ autonomy to be respected. (shrink)

Hume is usually taken to have an evidentialist account of testimonial belief: one is justified in believing what someone says if one has empincal evidence that they have been reliable in the past. This account is impartialist: such evidence is required no matter who the person is, or what refotions she may have to you. I, however, argue that Hume has another account of testimony, one grounded in sympathy. This account is partialist, in that empincal evidence is not required in (...) order for one to be justified in believing some of the assertions of one's friends. (shrink)

This paper examines the topic of Yogācāra idealism through a little studied Buddhist meditation manual, the so-called ‘Yogalehrbuch’ or ‘Qizil Yoga Manual’, a primarily Buddhist Sarvāstivāda Abhidharma text with Mahāyāna Yogācāra strands. What does this unique Central Asian text say about Buddhist meditation practices called yogācāra or yoga? It centres on methods of vivid visualization that are somewhat specific to the Central Asian region of Kucha on the Silk Road. To understand the Manual’s practice and definition of yogic meditation, this (...) paper considers how some of the hyper-real visualizations in the dhātuprayoga section relate the mind to reality and whether Yogācāra meditation can be said to propose idealism as a metaphysical theory about the nature of reality. The paper also asks whether neurocognitive research insights can be useful in understanding what some regard as a ‘hallucination-like’ quality of some visualizations, which destabilise distinctions between appearances and reality. Furthermore, it argues that analyzing the materiality of meditation, particularly the environment of the cave, helps us to better understand the text’s techniques of yogic visualization. The paper concludes that the ‘Qizil Yoga Manual’ facilitates soteriological idealism and suggests that factoring in the material contexts of meditation is useful, both in deciphering the text’s meditation methods and in discussing the metaphysical theory of idealism. (shrink)

_"The Essential Plotinus_ is a lifesaver. For many years my students in Greek and Roman Religion have depended on it to understand the transition from antiquity to the Middle Ages. The translation is crisp and clear, and the excerpts are just right for an introduction to Plotionus's many-layered view of the world and humankind’s place in it." --F. E. Romer, University of Arizona.

In recent work Irigaray has continued to meditate on the myopic (we might say ‘monadic’) focus of the Western tradition when it comes to its failure to acknowledge sexuate difference. Irigaray has successfully diagnosed the patriarchally over-determined nature of that tradition masquerading behind a façade of objectivity and neutrality in ways that continue to open up interpretive and critical possibilities in terms of reading the canon today. In some of her work, Irigaray levels a powerful challenge against Heidegger’s conception of (...) Dasein and his point of entry into ‘phenomenological ontology’. Thus, Heidegger, the thinker that Irigaray, arguably, engages with most positively in some of her recent work is charged not just with the ‘exsanguination’ of his conception of Dasein, as it were, but with having neutered Dasein in a way that is all too characteristic of the monadic tendencies of the Western tradition and its enduring suppression of sexuate difference. Part of what we will examine in some depth in this section of the book is a blindspot in Heidegger’s account of Dasein which, for all of his insights concerning the social constitution of Dasein, leaves him open to some of the criticisms which Irigaray has successfully levelled against an entire tradition. As part of our efforts to tease these issues out in some detail, we will consider Derrida’s first Geschlecht essay where he looks to exonerate Heidegger from the charge of phallogocentrism (a charge he had levelled against him in a 1982 interview), along with more recent efforts to artificially cross-pollinate between Heidegger, Derrida and Irigaray. We will further examine the problematic ways that Heidegger looks to ‘neutralise’ Dasein in 1928 as well as his attempts in a series of 1930s texts to introduce a distinction between Dasein and the being of the human being. These attempts dovetail with a series of bizarre and illegitimate moves to exclude “whole peoples and races” from the domain of meaningful historical existence in the 1930s in particular. (shrink)

This paper explores the character of emotion and its value in understanding ethical dilemmas in work organisations. Specifically, we examine the emotional labour of human resource professionals. Through in-depth interviews and diary study, we uncover the emotional and ethical struggles of HRPs as they search for the ‘right thing to do’ in situated interaction. Through the lens of emotion, we chart the process of how the very framing of what is deemed ‘right’ can move from the social to the moral (...) order and vice versa. Based on our findings, we contribute to understanding the linkages between emotional and ethical dilemmas, and how expectations of multiple ‘others’ at the individual, interpersonal and organisational level shape and constrain ethical choices. (shrink)

With my own introduction and epilogue, Towards a New Human Being gathers original essays by early career researchers and established academic figures in response to To Be Born, my most recent book. The contributors approach key issues of this book from their own scientific fields and perspectives – through calls for a different way of bringing up and educating children, the constitution of a new environmental and sociocultural milieu or the criticism of past metaphysics and the introduction of new themes (...) into the philosophical horizon. However, all the essays which compose the volume correspond to proposals for the advent of a new human being – so answering the subtitle of To Be Born: Genesis of a New Human Being. To Be Born thus acts as a background from which each author had the opportunity to develop and think in their own way. As such Towards a New Human Being is part of a longer-term undertaking in which I engaged together and in dialogue with more or less confirmed thinkers with a view to giving birth to a new human being and building a new world. –Luce Irigaray. (shrink)

The article focuses on the analysis of class formulated by the anti-capitalist journalist and Chartist James Bronterre O'Brien. It argues that O'Brien's work contained the first example within working-class anti-capitalist political economy of a fully elaborated analysis of class antagonism. The article takes issue with recent accounts of O'Brien, which have seen his analysis as focused exclusively on the political rather than the economic realm, and which have denied the class character of his work. At the same time, it views (...) O'Brien in his intellectual and historical contexts, thus eschewing the teleological framework within which his work has mostly been analysed. (shrink)

How is it that we think and refer in the first-person way? For most philosophers in the analytic tradition, the problem is essentially this: how two apparently conflicting kinds of properties can be reconciled and united as properties of the same entity. What is special about the first person has to be reconciled with what is ordinary about it. The range of responses reduces to four basic options. The orthodox view is optimistic: there really is a way of reconciling these (...) apparently contradictory properties as contained within the same thing. The heretical views are pessimistic and content to be so: there is no such way, and that is because there is simply nothing to reconcile – because there is really nothing special about what is in question; or there is really nothing ordinary about it; or there is really nothing …. (shrink)

ANALOGY has not just to do with the abstruse details and niceties of metaphysics but rather underlies the structure of all metaphysical thought. It is the heart of metaphysics. No system of metaphysics can discard it, without prejudice to the richness and variety of being. Without analogy there is elimination and over-simplification. Metaphysics is far from being a straightforward science; it is highly complex and its method and style of argument are not easy to master. Its field of inquiry is (...) wide. It is the task of the metaphysician to reduce the world of things to an intelligible unity. (shrink)

All scientific knowledge is in some way unified; the scheme of the speculative sciences is not just a method of arrangement that is casual and artificial. There is a true hierarchy of the sciences. In popular thought to-day the empirical sciences have gained the ascendancy; there are those who are confident that science will not only unlock the mysteries of nature but will solve eventually all our problems. There is no mistake about its success, for its practical benefit to mankind (...) is immense. The modern mind is so impressed by utility that it refuses to be concerned with anything else. (shrink)

This work has already become well-known, since it was available in English. It is not the conventional textbook nor a work of stodgy and staccato scholasticism designed as a course for students and to provide those teaching philosophy with useful material, but rather an attempt to frame a systematic and authentic philosophy of being. To do this successfully is a task of tremendous difficulty, for being does not admit of easy classification or analysis. And when there is a variety of (...) topics, as is the case here, it is hard not merely to note the necessary connections between them but to choose that to which primary emphasis must be given as throwing light on all the rest. This task has no terror for Monsignor De Raeymaeker, as he is a lucid and profound thinker. (shrink)