This article offers an exposition of the J. Peterman Company's Owner's Manual, a mock-vintage clothing catalogue that promises customers ‘things that make their lives the way they wish they were’. Written in dramatic, long-form prose and illustrated in watercolour – both uncommon in today's mail-order fashion industry – the Owner's Manual is at once appalling for its misogyny and enticing for its nostalgia. This article argues that the Owner's Manual and its enduring success confound existing paradigms for interpreting both fashion (...) media and the body's gendered relationship to attire. Are the Manual's millions of subscribers beset by false consciousness, imagining themselves into an oppressive sex/gender field and endorsing the catalogue's misogyny with their desire? The Manual is not fully intelligible within either structuralist or phenomenological interpretive modes – fashion theory's two most prevalent schools of thought – but, rather, begets an interpretive paradigm that forces us to reconcile individuals’ desires for, and identification into, historically mediated gender performance with the fact of individuals’ dignity, agency and autonomy. I argue that the Owner's Manual achieves this reconciliation by foregrounding sartorial objects, rather than individuals, as the bearers of gender fantasy and by demonstrating how these objects, laden with historical associations, have detached from the highly gendered contexts of their origins while nevertheless retaining aspects of their original semiotic potencies. (shrink)

European Journal of Philosophy, Volume 30, Issue 1, Page 245-258, March 2022.

When one is intentionally doing something, one represents that thing as a goal to be accomplished. One represents it practically. How should we characterize this practical representation further? In this paper, I argue that when one is intentionally doing something, one's representation of it as a goal to be accomplished must also be knowledge that one is intentionally doing that thing. And I argue that this knowledge must itself be one's intentionally doing that thing. I aim to show, then, that (...) insofar as representing practically just is knowing practically, it is equally acting intentionally. (shrink)

This book develops an alternative account of rights according to which rights forfeiture has a much smaller role to play because rights themselves are more contextually contingent. For example, those who threaten to cause harm without a right to do so have weaker claims not to be killed than innocent bystanders or those who have a right to threaten to cause harm. By framing rights as the output of a balance of competing claims, and by laying out a detailed account (...) of how to balance competing claims, Walen provides a more coherent account of when killing in war is permissible. (shrink)

This new and expanded edition of The Logic of Real Arguments explains a distinctive method for analysing and evaluating arguments. It discusses many examples, ranging from newspaper articles to extracts from classic texts, and from easy passages to much more difficult ones. It shows students how to use the question 'What argument or evidence would justify me in believing P?', and also how to deal with suppositional arguments beginning with the phrase 'Suppose that X were the case.' It aims to (...) help students to think critically about the kind of sustained, theoretical arguments which they commonly encounter in the course of their studies, including arguments about the natural world, about society, about policy, and about philosophy. It will be valuable for students and their teachers in a wide range of disciplines including philosophy, law and the social sciences. (shrink)

Discussions of risk have assumed that risk must be modeled the same in all cases. This is a mistake. Normally, if people know that those affected by an agent’s choice have conflicting interests, th...

Im Mittelpunkt des Beitrages steht die »Psychotherapie-Richtlinie«, die die Anwendung der Psychoanalyse im Rahmen der Krankenversicherung reguliert. Der Beitrag beginnt mit einer Erörterung des Verhältnisses von Psychoanalyse und Krankenbehandlung, um anschließend die Entstehungsgeschichte der »Richtlinie« und ihren Kompromisscharakter darzulegen. Danach werden einzelne Bestandteile des Regelwerks diskutiert und der theoretische Hintergrund des Richtlinien-Systems beleuchtet. Im letzten Teil plädiert der Autor für grundlegende Veränderungen.

Looking back to the crisis of the Reformation and beyond, Unbelievers shows how, long before philosophers started to make the case for atheism, powerful cultural currents were challenging traditional faith. These tugged in different ways not only on celebrated thinkers such as Machiavelli, Montaigne, Hobbes, and Pascal, but on men and women at every level of society whose voices we hear through their diaries, letters, and court records. Ryrie traces the roots of atheism born of anger, a sentiment familiar to (...) anyone who has ever cursed a corrupt priest, and of doubt born of anxiety, as Christians discovered their faith was flimsier than they had believed. As the Reformation eroded time-honored certainties, Protestant radicals defended their faith by redefining it in terms of ethics. In the process they set in motion secularizing forces that soon became transformational. Unbelievers tells a powerful emotional history of doubt with potent lessons for our own angry and anxious age. (shrink)

This new and expanded edition of The Logic of Real Arguments explains a distinctive method for analysing and evaluating arguments. It discusses many examples, ranging from newspaper articles to extracts from classic texts, and from easy passages to much more difficult ones. It shows students how to use the question 'What argument or evidence would justify me in believing P?', and also how to deal with suppositional arguments beginning with the phrase 'Suppose that X were the case.' It aims to (...) help students to think critically about the kind of sustained, theoretical arguments which they commonly encounter in the course of their studies, including arguments about the natural world, about society, about policy, and about philosophy. It will be valuable for students and their teachers in a wide range of disciplines including philosophy, law and the social sciences. (shrink)

The moral justification for targeted killing turns on it being justified as an act of self-defense. That justification can be assessed by addressing five questions: Is the targeted person a threat who lacks the right to threaten? Has the targeted person forfeited some of her claim not to be killed? Even if the answer to the first two questions is positive, is targeted killing a necessary and proportionate response? Is the evidence in favor of targeted killing high enough to meet (...) the relevant standard of proof? And insofar as a person is selected for targeting from a larger group of possible targets, is the selection justifiable? The legal justifiability of targeted killing should aim to track, as much as problems of administrability and limiting unwanted effects allow, the answers to those moral questions. (shrink)

The standard of proof in criminal trials in many liberal democracies is proof beyond a reasonable doubt, the BARD standard. It is customary to describe it, when putting a number on it, as requiring that the fact finder be at least 90% certain, after considering the evidence, that the defendant is guilty. Strikingly, no good reason has yet been offered in defense of using that standard. A number of non-consequentialist justifications that aim to support an even higher standard have been (...) offered; all are morally unsound. Meanwhile, consequentialist arguments plausibly support a substantially lower standard — in some cases so low as to undermine the idea that punishment is what is at stake. In this paper, I offer a new retributive justification that supports excluding the instrumental benefits of punishment from the balance that sets the standard. The resulting balance supports a standard arguably in the ballpark of the customary understanding of BARD: a standard requiring that the fact finder have a high, though not maximally high, degree of confidence that the defendant is guilty. (shrink)

This paper examines the relations between, on the one hand, accounts of the distinction between an agent's identifying with, as opposed to feeling alienated from, their attitudes; and on the other, metaphysical accounts of action. It claims that a commitment to an event-causal conception of agency, which would analyse agency in terms of the causal potency of psychological states and events, appears to render mandatory a particular style of account of identification and alienation – namely, the hierarchical model offered by (...) Harry Frankfurt and Michael Bratman. It is argued that such accounts fall foul of a dilemma: the Authority Problem. The failure of attempts to avoid the Authority Problem is then used to motivate an attractive alternative style of account of the distinction, offered by Richard Moran. However, it is pressed that Moran's account rests on claims about agency which seem incompatible with the event-causal conception of agency. By making the links between the metaphysics of agency and accounts of identification and alienation more explicit, the paper allows us to better comprehend both the apparent need for and characteristic failures of some traditional accounts of identification and alienation, as well as make clear the action-theoretical debt incurred by those who would offer an alternative. (shrink)

According to the Doctrine of Illicit Intentions, it is impermissible both to form and then to act on an illicit intention. An intention is illicit, roughly, if it causes the agent who has it to be, in a certain way, disposed to perform actions that are impermissible. If the range of actions an agent might be directed to perform by an intention includes impermissible actions, then it may be impermissible to form or act on that intention even if, in the (...) end, the agent performs no action that is impermissible (other than forming and acting on an illicit intention itself). (shrink)

In an earlier article, I introduced the “restricting claims principle” to explain what is right about the means principle: the idea that it is harder to justify causing or allowing someone to suffer harm if using him as a means than if causing or allowing harm as a side effect. The RCP appeals to the idea that claims not to be harmed as a side effect push to restrict an agent from doing what she would otherwise be free to do (...) for herself or others, given an appropriate account of her baseline freedom. Claims not to be harmed as a means are not in that way ‘‘restricting.’’ The original RCP relied on a counterfactual account of the agent’s baseline freedom: What could the agent permissibly do if the patient were not present? I argue here that that counterfactual baseline fails. The revised RCP relies instead on a ‘‘toolkit baseline’’: Do the patient claims concern the property the agent needs to use? This toolkit baseline reflects the different ways that agents relate to others: as fellow agents with whom they divide up the resources of the world, and as patients who might be affected by their actions. The toolkit baseline, resting on this agent-patient divide, provides a superior account of an agent’s baseline freedom, and a better account of the moral ground for the means principle. (shrink)

This new and expanded edition of The Logic of Real Arguments explains a distinctive method for analysing and evaluating arguments. It discusses many examples, ranging from newspaper articles to extracts from classic texts, and from easy passages to much more difficult ones. It shows students how to use the question 'What argument or evidence would justify me in believing P?', and also how to deal with suppositional arguments beginning with the phrase 'Suppose that X were the case.' It aims to (...) help students to think critically about the kind of sustained, theoretical arguments which they commonly encounter in the course of their studies, including arguments about the natural world, about society, about policy, and about philosophy. It will be valuable for students and their teachers in a wide range of disciplines including philosophy, law and the social sciences. (shrink)

Antony Duff’s The Realm of Criminal Law offers an appealing moral reconstruction of the criminal law. I agree that the criminal law should be understood to predicate punishment upon sufficient proof that the defendant has committed a public wrong for which she is being held to account and censured. But the criminal law is not only about censoring people for public wrongs; it must serve other purposes as well, such as preventing people from committing serious crimes and more generally from (...) violating reasonable regulations. These purposes, and perhaps retributive justice, require the criminal law also to mete out harsh treatment, but only insofar as such treatments are proportional to the culpable wrong committed. The problem for the criminal law is that many mala prohibita crimes consist of a minor wrong but also call for a relatively severe punishment. To accommodate that mismatch, it is necessary to complement the criminal law, as Duff and I conceive of it, with what I call “penal law.” Penal law relies on forfeiture to explain why hard treatment is permissible. The forfeiture must be fair, and it comes with its own proportionality limits. But those limits are not as strict as the limits implicit in the criminal law. It allows for penalties that are harsher than the punishments that could justifiably be meted out for many mala prohibita offenses. One and the same act can count as a crime and a penal infraction, and one and the same criminal justice system can and should handle both crimes and the penal infractions. It is, I think, only in that way that we can accommodate both the need to prevent public wrongdoing and the distinct importance of holding people accountable for the commission of public wrongs. (shrink)

This book explores the principal issues involved in bridging the gap between the pure theory of consumer behavior and its empirical implementation. The authors focus upon the structure of preferences, the treatment of demographic variables, the treatment of dynamics, and the specification of the stochastic structure of the demand system.

The idea of 'holiness' is central to religion, but it is also one of the hardest concepts to define. Is 'holiness' a synonym for Godliness, one of God's attributes, or does it have independent existence? What does it mean to say that both God and man are holy? What is the proper understanding of 'Be holy, because I the Lord your God am holy'? A Theology of Holiness analyzes the meaning of the Hebrew root k-d-sh from ancient sources, throughout Tanakh, (...) the Talmud, Rashi, Maimonides, Nachmanides, Rabbi Samson Raphael Hirsch, and Rabbi Joseph B. Soloveitchik. Ultimately, it is a work of theology, and helps the reader achieve a deeper understanding of holiness"--Page 4 of cover. (shrink)

The aim of this paper is to consider the vicissitudes of “area studies” from the Second World War to the present focusing eventually on the normative imperative to develop a new paradigm of “planetary thinking.” First an overview of the history of “area studies” will be given from the start in the U.S. during the Second World War in response to the geostrategic imperative for America to know its new geopolitical responsibilities in a world divided by war. This security imperative (...) morphed into the postwar requisite to develop a counterhegemonic strategy against soviet communism in the hot spot parts of Asia, Latin American, and later Africa. The latter military-oriented strategy was added to with research into development and modernization in the third-world through to the boundary displacement of areas studies at the end of the Cold War into the current era of globalization. At this very historical moment of transition a new rationale for area studies emerged in the form of a geoeconomic imperative – both in the U.S. and, with a different gloss, in South Korea in the late 1990s. Second, on the basis of this historical apercu, the argument will be proposed that, given the problem of global warming and the issue‐area of global inequality lurking behind the United Nation’s Millennium Development Goals, a pressing contemporary task for philosophy is to make a critical contribution to developing a new planetary perspective for area studies informed by a constitutive philosophical anthropology attendant to the species being of human beings. (shrink)

Isabel Paterson is the founding godmother of the libertarian movement, known best for her book The God of the Machine, which Ayn Rand credited for having done “for capitalism what the Bible did for Christianity.” Often overlooked is her twenty-five-year career as a literary columnist for the New York Herald Tribune. Culture and Liberty: Writings of Isabel Paterson, edited by Stephen Cox, presents a selection of those columns along with private letters and other essays. They are a treasure. Paterson’s critical (...) performances show us a systematic yet unpredictable mind at work—a model not only of the first but also of any future libertarian worthy of the name. (shrink)

Jacob Weinrib's Dimensions of Dignity 1 [DD] joins a small but growing literature committed to the reconstruction, as applied theory, of foundational concepts such as justice, authority, and the ru...

Who are we today? That deceptively simple question continued to be asked by the French historian and philosopher, Michel Foucault, who for the last three decades has had a profound influence on English-speaking scholars in the humanities and social sciences.; This text is designed for undergraduates and others who feel in need of some assistance when coming to grips with Foucault's voluminous and complex writings. Instead of dealing with them chronologically, however, this book concentrates on some of their central concepts, (...) primarily Foucault's rethinking of the categories of "discourse", "power", and " the subject".; Foucault's writings contribute collectively to what he himself calls "an ontology of the present". His historical research was always geared towards showing how things could have been and still could be otherwise. This is especially the case with respect to the production of human subjects. (shrink)

Alec Hyslop defends a (modified) version of the traditional analogical inference to other minds and rejects alternatives, but only after subjecting each of...

The late Alec Nove explores the relationship between Marxist ideas and the Soviet reality and presents a methodology for understanding Soviet type societies.

What economic conditions are necessary for us to arrive at a post-work future, and what should a post-work future look like? This chapter argues that only through the democratization of core economic institutions can we properly experiment with post-work imaginaries. I argue, based on principles of participatory autonomy and relational equality, for the democratization of workplaces, finance and investment, and the knowledge commons. Given these necessary structural changes, the possibility of a post-work future becomes a democratic choice by placing democratic (...) decision-making power in the hands of those who are directly affected by workplace decisions, investment decisions, and the collective production of knowledge. Through this democratization process, the potential to reduce working hours, the possibility of building meaningful work, and the chance to decenter work as the mechanism for economic security and meaning-making, all become subject to democratic deliberation and decision-making. (shrink)

I argue that nonresident aliens, in places that are clearly not U.S. territory, should benefit from constitutional rights. This is a matter of mutuality of obligation. The U.S. claims the authority to hold all people accountable for respecting certain laws, such as the law of war as defined in the Military Commissions Act. Accordingly, it must accord them basic legal rights in return. At the same time, I argue, contra Benjamin Wittes, that this would not lead to absurdly opening the (...) courthouse doors, nor does it require abandoning principle to keep the flood of litigation reasonably contained. Not all harms inflicted by the U.S. government can give rise to a lawsuit, and that the distinction between those who should have a right to sue and those who should not can be drawn in a principled way. (shrink)

S. Matthew Liao and Christian Barry argue that the patient-centered approach to deontology that I have developed—the restricting claims principle —‘is beset with problems.’ They think that it cannot correctly handle cases in which a potential victim sits in the path of an agent doing what she needs to do for some greater good, or in which a person’s property is used to benefit others and harm her. They argue that cases in which an agent does what would be permissible (...) but acts on a malicious reason show that agent intentions, rather than patientclaims, are fundamental to deontology. And they claim that the RCP presupposes the means principle in a way that shows that it is not really offering anything new. I argue here that all of these charges are mistaken. Doing so allows me to offer important refinements to the RCP, to highlight two common mistakes in reasoning about cases, and to set challenges for agentcentered approaches to deontology. (shrink)

Alec Kassman; XIV*—On Punishing, Proceedings of the Aristotelian Society, Volume 77, Issue 1, 1 June 1977, Pages 221–246, https://doi.org/10.1093/aristotelian/7.

The arbitral world is at a crucial point in its historical development, poised between two conflicting conceptions of its nature, purpose, and political legitimacy. Formally, the arbitrator is an agent of the contracting parties in dispute, a creature of a discrete contract gone wrong. Yet, increasingly, arbitrators are treated as agents of a larger global community, and arbitration houses concern themselves with the general and prospective impact of important awards. In this paper, I address these questions, first, from the standpoint (...) of delegation theory. In Part I, I introduce the basic “Principal-Agent" framework [P-A] used by social scientists to explain why actors create new institutions, and then briefly discuss how P-A has been applied to the study of courts. Part II uses delegation theory to frame discussion of arbitration as a mode of governance for transnational business and investment. In Part III, I argue that the International Center for the Settlement of Investment Disputes is presently in the throes of judicialization, indicators of which include the enhanced use of precedent-based argumentation and justification, the acceptance of third-party briefs, and a flirtation with proportionality balancing. Part IV focuses on the first wave of awards rendered by ICSID tribunals pursuant to Argentina's response to the crushing economic crisis of 2000-02, wherein proportionality emerged, adapted from the jurisprudence of the Appellate Body of the World Trade Organization. (shrink)

International non-governmental organisations face a dilemma when deciding whether to intervene in crisis situations where their efforts can be exploited or co-opted by others: intervene and risk becoming complicit with wrongdoing or sit on the sidelines and consign vulnerable people to the ravages of neglect or oppression. In “‘He who helps the guilty, shares the crime’? INGOs, moral narcissism and complicity in wrongdoing,” Buth et al argue that concerns about complicity often stifle ethical debate and encourage moral narcissism. We argue (...) that neglecting concerns about complicity can foster a different form of moral narcissism and that where worries of complicity are present, aid efforts face three types of risk: risks to others created by contributing to wrongful acts or bad outcomes; risks to the moral integrity of the INGO and its personnel; and risks to social trust in the INGO. In the end, we challenge the assumption that there is a unique, ethically best way to reconcile these values. We suggest that the causes of justice and humanity might be better served by a diverse community of INGOs who each gives different weight to these concerns, than if each INGO adopts the same framework for reconciling these competing demands. (shrink)

This text meets the requirements of the OCR AS specification for critical thinking. Alec Fisher shows students how they can develop a range of creative and critical thinking skills that are transferable to other subjects and contexts.

Subjects in studies on humans are used as a means of conducting the research and achieving whatever good would justify putting them at risk. Accordingly, consent must normally be obtained before subjects are exposed to any substantial risks to their welfare. Bystanders are also often put at risk, but they are not used as a means. Accordingly—or so I argue—consent is more often unnecessary before bystanders are exposed to similar substantial risks to their welfare.