To ensure the protection and promotion of human rights at the African regional level, the African human rights system was established and has been in existence for over three decades. In realisation of its mandates, three supervisory mechanisms have been established to adjudicate human rights cases and issue decisions accordingly. To enhance compliance with these decisions, human rights non-governmental organisations, civil society organisations and the supervisory bodies themselves often act as sources of pressure by exploring different follow-up mechanisms. However, despite (...) their best efforts, the attitude of member states towards compliance with the decisions of the supervisory bodies has been relatively poor. Against this background, this article argues that in improving compliance, civil society—particularly the electorates—in member states can equally be engaged to act as a complementary domestic source of pressure with the aim of raising domestic costs in pressuring member states towards compliance. (shrink)

Some passages throughout Spinoza’s body of works suggest that an attribute in its absolute nature provides a sufficient condition for all of its modes, including the finite ones. Other passages suggest that an attribute in its absolute nature fails to provide a sufficient condition for its finite modes. My aim is to dispel this apparent tension. I argue that all finite modes are ultimately entailed by the absolute nature of their attribute. Furthermore, I explain how the Spinozistic positions that appear (...) incompatible with this view are in fact compatible. As I see it, we should read those passages where Spinoza says that no finite mode ultimately follows from the absolute nature of its attribute as saying merely that no finite mode ultimately follows in one-by-one fashion, independent of an infinite series of other modes, from the absolute nature of its attribute. (shrink)

The significance of consciousness in modern science is discussed by leading authorities from a variety of disciplines. Presenting a wide-ranging survey of current thinking on this important topic, the contributors address such issues as the status of different aspects of consciousness; the criteria for using the concept of consciousness and identifying instances of it; the basis of consciousness in functional brain organization; the relationship between different levels of theoretical discourse; and the functions of consciousness.

I start from the presupposition that the use of force against another is justified only in self-defence or in defence of others against aggression. If so, the main work of justifying punishment must rely on its deterrent effect, since most punishments have no other significant self-defensive effect. It has often been objected to the deterrent justification of punishment that it commits us to using offenders unacceptably, and that it is unable to deliver acceptable limits on punishment. I describe a sort (...) of deterrent theory which can avoid both of these objections. (shrink)

Both critique and an appropriation of a large and diverse body of work, Home and Beyond is a major contribution to contemporary Husserl scholarship.

Empathy is a topic of continuous debate in the nursing literature. Many argue that empathy is indispensable to effective nursing practice. Yet others argue that nurses should rather rely on sympathy, compassion, or consolation. However, a more troubling disagreement underlies these debates: There’s no consensus on how to define empathy. This lack of consensus is the primary obstacle to a constructive debate over the role and import of empathy in nursing practice. The solution to this problem seems obvious: Nurses need (...) to reach a consensus on the meaning and definition of empathy. But this is easier said than done. Concept analyses, for instance, reveal a profound ambiguity and heterogeneity of the concept of empathy across the nursing literature. Since the term “empathy” is used to refer to a range of perceptual, cognitive, emotional, and behavioral phenomena, the presence of a conceptual ambiguity and heterogeneity is hardly surprising. Our proposal is simple. To move forward, we need to return to the basics. We should develop the concept from the ground up. That is, we should begin by identifying and describing the most fundamental form of empathic experience. Once we identify the most fundamental form of empathy, we will be able to distinguish among the more derivative experiences and behaviors that are addressed by the same name and, ideally, determine the place of these phenomena in the field of nursing. The aim of this article is, consequently, to lay the groundwork for a more coherent concept of empathy and thereby for a more fruitful debate over the role of empathy in nursing. In Part 1, we outline the history of the concept of empathy within nursing, explain why nurses are sometimes warry of adapting concepts from other disciplines, and argue that nurses should distinguish between adapting concepts from applied disciplines and from more theoretical disciplines. In Part 2, we show that the distinction between emotional and cognitive empathy—borrowed from theoretical psychology—has been a major factor in nurses’ negative attitudes toward emotional empathy. We argue, however, that both concepts fail to capture the most fundamental form of empathy. In Part 3, we draw on and present some of the seminal studies of empathy that can be found in the work of phenomenological philosophers including Max Scheler, Edmund Husserl, and Edith Stein. In Part 4, we outline how their understanding of empathy may facilitate current debates about empathy’s role in nursing. (shrink)

The article tries to show that what is often called 'Moderate Deontology' is incoherent.

In this paper I offer an alternative phenomenological account of depression as consisting of a degradation of the degree to which one is situated in and attuned to the world. This account contrasts with recent accounts of depression offered by Matthew Ratcliffe and others. Ratcliffe develops an account in which depression is understood in terms of deep moods, or existential feelings, such as guilt or hopelessness. Such moods are capable of limiting the kinds of significance and meaning that one can (...) come across in the world. I argue that Ratcliffe’s account is unnecessarily constrained, making sense of the experience of depression by appealing only to changes in the mode of human existence. Drawing on Merleau-Ponty’s critique of traditional transcendental phenomenology, I show that many cases of severe psychiatric disorders are best understood as changes in the very structure of human existence, rather than changes in the mode of human existence. Working in this vein, I argue that we can make better sense of many first-person reports of the experience of depression by appealing to a loss or degradation of the degree to which one is situated in and attuned to the world, rather than attempting to make sense of depression as a particular mode of being situated and attuned. Finally, I argue that drawing distinctions between disorders of structure and mode will allow us to improve upon the currently heterogeneous categories of disorder offered in the DSM-5. (shrink)

In this essay I address the question, “What is the subject matter of phenomenological research?” I argue that in spite of the increasing popularity of phenomenology, the answers to this question have been brief and cursory. As a result, contemporary phenomenologists lack a clear framework within which to articulate the aims and results of their research, and cannot easily engage each other in constructive and critical discourse. Examining the literature on phenomenology’s identity, I show how the question of phenomenology’s subject (...) matter has been systematically neglected. It has been overshadowed by an unending concern with phenomenology’s methodological identity. However, an examination of recent contributions to this literature reveals that a concern with articulating phenomenology’s subject matter has gradually increased, although such articulations remain preliminary. In light of this, I delineate, define, and illustrate three layers of phenomenological research, which I term “existentials,” “modes,” and “prejudices.” While the delineation of these layers is drawn primarily from classical phenomenological texts, they are defined and illustrated through the use of more contemporary literature. Following the articulation of this subject matter, I briefly consider some of the debates—both foundational and applied—that can be facilitated by the adoption of this framework. (shrink)

Contemporary psychiatry finds itself in the midst of a crisis of classification. The developments begun in the 1980s—with the third edition of the Diagnostic and Statistical Manual of Mental Disorders —successfully increased inter-rater reliability. However, these developments have done little to increase the predictive validity of our categories of disorder. A diagnosis based on DSM categories and criteria often fails to accurately anticipate course of illness or treatment response. In addition, there is little evidence that the DSM categories link up (...) with genetic findings, and even less evidence that they... (shrink)

First published in 1973, Sir Anthony Kenny’s classic introduction to Wittgenstein was widely praised for offering a lucid and historically informed account of the philosopher’s core concerns. Kenny's study is also remarkable for demonstrating the continuity between Wittgenstein’s early and late writings. Focusing on Wittgenstein’s philosophy of mind and language, Kenny closely examines the works of the middle years. He exposes apparent conflicts and then goes on to reconcile them, providing a persuasive argument for the unity of Wittgenstein’s thought. (...) This revised edition includes an extensive new introduction in which Kenny outlines developments in Wittgenstein scholarship since the book was first published and assesses Wittgenstein’s influence in the latter part of the twentieth century. (shrink)

This book is a benchmark critique of Freudian theory in which a dialogue between the Frankfurt School, the Lacanian tradition and post-Lacanian developments in critical and feminist theory is developed. Considering afresh the relations between self and society, Elliot argues for the importance of imagination and the unconscious in understanding issues about the self and self-identity, ideology and power, sexual difference and gender. The second edition surveys the recent changes that have taken place in psychoanalytic social theory.

This timely volume addresses urgent questions about the nature of war crimes, nationalism, ethnic cleansing and collective responsibility from a variety of moral, political and legal perspectives.

In this essay I propose an environmental ethic in the pragmatic vein. I begin by suggesting that the contemporary debate in environmental ethics is forced into a familiar but highly restrictive set of distinctions and problems by the traditional notion of intrinsic value, particularly by its demands that intrinsic values be self-sufficient, abstract, and justified in special ways. I criticize this notion and develop an alternativewhich stresses the interdependent structure of values, a structure which at once roots them deeply in (...) our selves and at the same time opens them to critical challenge and change. Finally, I apply this alternative view back to environmental ethics. It becomes easy to justify respect for other life forms and concern for the natural environment, and indeed many of the standard arguments only become stronger, once the demand to establish intrinsic values is removed. (shrink)

Preface to second edition -- The textures of society -- The contemporary relevance of the classics -- The frankfurt school -- Structuralism -- Post-structuralism -- Theories of structuration -- Contemporary critical theory -- Feminism and post-feminist theory -- Postmodernity -- Networks, risks, liquids -- Globalization -- Afterword.

In recent years a number of authors sympathetic to Referentialistaccounts of proper names have argued that utterances containingempty names express `gappy,' or incomplete, propositions. In this paper I want to take issue with this suggestion.In particular, I argue versions of this approach developedby David Braun, Nathan Salmon, Ken Taylor, and by Fred Adams,Gary Fuller, and Robert Stecker.

Recent social theory has identified various institutional forces operating at a global level promoting novel trends towards “individualization”, “reflexive self-identity” and “new individualism” (Beck and Beck-Gernsheim, 2001; Giddens, 1991, 1992; Elliott and Lemert, 2009, 2009a). This article develops an exploratory overview of the theory of new individualism with reference to Japanese sociologies of self specifically and contemporary Japanese society more generally. Detailing the large-scale societal shift in Japan from traditional forms of identity-construction (based on a citizenship model of social order) (...) to post-traditional forms of identity-construction (promoted by globalization and neoliberal policies), the article distinguishes between four discourses of the self in post-war Japanese society: the age of the ideal; the age of the dream; the age of fiction; and, the age of fragmentation. Moreover, the article examines the Japanese employment system and the emergence of new individualist employment, as well as considering the emotional impacts of a rise in suicides in contemporary Japan. The argument is that the new individualist thesis can contribute to a sociological understanding of recent social transformations in Japan. However, situating new individualism in the context of Japan also highlights significant tensions in processes of new individualism, tensions between individual initiatives and institutional pressures. (shrink)

Introspective evidence is still treated with great suspicion in cognitive science. This work is designed to encourage cognitive scientists to take more account of the subject's unique perspective.

Musing for Puncta special issue "Critically Sick: New Phenomenologies Of Illness, Madness, And Disability.".

Based on the Wilde Lectures in Natural Religion given by Anthony Kenny at Oxford from 1970 to 1972, here revised in light of recent discussion and reflection, this provocative book examines some of the principal attributes traditionally ascribed to God in western theism, particularly omniscience and omnipotence. From his discussion of a number of related topics, including a comprehensive treatment of the problem of the relations between divine foreknowledge and human freedom, Kenny concludes that there can be no such (...) being as the God of traditional natural theology. (shrink)

This paper argues that there is a default presumption that punishment has some deterrent effect, and that the burden of proof is upon those who allege that the costs of any particular penal system are insufficient to offset its deterrent benefits. This burden of proof transmits to the discussion of international law, with the conclusion that it is those who oppose international jurisdiction, rather than their opponents, who must prove their position. This they have so far failed to do.

Aims and Objectives. This article uses the concept of embodiment to demonstrate a conceptual approach to applied phenomenology. -/- Background. Traditionally, qualitative researchers and healthcare professionals have been taught phenomenological methods, such as the epoché, reduction, or bracketing. These methods are typically construed as a way of avoiding biases so that one may attend to the phenomena in an open and unprejudiced way. However, it has also been argued that qualitative researchers and healthcare professionals can benefit from phenomenology’s well-articulated theoretical (...) framework, which consists of core concepts, such as selfhood, empathy, temporality, spatiality, affectivity, and embodiment. -/- Design. This is a discursive article that demonstrates a conceptual approach to applied phenomenology. -/- Method. To outline and explain this approach to applied phenomenology, the Discussion section walks the reader through four stages of phenomenology, which progress incrementally from the most theoretical to the most practical. -/- Discussion. Part one introduces the philosophical concept of embodiment, which can be applied broadly to any human subject. Part two shows how philosophically trained phenomenologists use the concept of embodiment to describe general features of illness and disability. Part three illustrates how the phenomenological concept of embodiment can inform empirical qualitative studies and reflects on the challenges of integrating philosophy and qualitative research. Part four turns to phenomenology’s application in clinical practice and outlines a workshop model that guides clinicians through the process of using phenomenological concepts to better understand patient experience. -/- Conclusion and Relevance to Clinical Practice. A conceptual approach to applied phenomenology provides a valuable alternative to traditional methodological approaches. Phenomenological concepts provide a foundation for better understanding patient experience in both qualitative health research and clinical practice, and therefore provide resources for enhancing patient care. (shrink)

Judith Jarvis Thomson holds that we have a right not be be caused distressful feelingsÑbut only if they are "non-belief- mediated"; we have no right not to be caused belief-mediated distress. I suggest that this view is highly counter-intuitive; and I argue that it is not supported by Thomson's arguments which, if they serve to exclude belief-mediated feelings would equally serve to exclude non-belief-mediated ones. I also suggest that some of the work that Thomson wants this distinction to do can (...) be done in other ways. (shrink)

The process of dehumanization, or thinking of others as less than human, is a phenomenon with significant societal implications. According to Haslam's model, two concepts of humanness derive from comparing humans with either animals or machines: individuals may be dehumanized by likening them to either animals or machines, or humanized by emphasizing differences from animals or machines. Recent work in cognitive neuroscience emphasizes understanding cognitive processes in terms of interactions between distributed cortical networks. It has been found that reasoning about (...) internal mental states is associated with activation of the default mode network and deactivation of the task positive network ; whereas reasoning about mechanical processes produces the opposite pattern. We conducted two neuroimaging studies. The first examined the neural bases of dehumanization and its relation to these two brain networks, using images and voice-over social narratives which either implicitly contrasted or implicitly likened humans to either animals or machines. The second study addressed a discrepancy between findings from the first study and prior work on the neural correlates of dehumanization: using a design similar to prior work we examined neural responses to pictures of humans, animals and machines, presented without any social context. In both studies, human and humanizing conditions were associated with relatively high activity in the DMN and relatively low activity in the TPN. However, the non-human and dehumanizing conditions deviated in different ways: they demonstrated more marked changes either in the DMN or in the TPN. Notably, differences between the animal dehumanizing and humanizing conditions were most evident in regions associated with mechanistic reasoning, not in the mentalizing network. Conjunction analysis of contrasts from both paradigms revealed that only one region was consistently more active when participants saw human, a medial parietal region regarded as the central hub of the DMN. These findings provide a neural basis for Haslam's distinction between two types of dehumanization, and suggest that the DMN and TPN play opposing roles in creating a sense of moral concern. (shrink)

This revised edition of Sir Anthony Kenny’s classic work on Wittgenstein contains a new introduction which covers developments in Wittgenstein scholarship since the book was first published. Widely praised for providing a lucid and historically informed account of Wittgenstein’s core philosophical concerns. Demonstrates the continuity between Wittgenstein’s early and later writings. Provides a persuasive argument for the unity of Wittgenstein’s thought. Kenny also assesses Wittgenstein’s influence in the latter part of the twentieth century.

The Routledge Companion to Contemporary Japanese Social Theory breaks new ground in providing a detailed, systematic appraisal of the major traditions of social theory prominent in Japan today – from theories of identity and individualization to globalization studies. The volume introduces readers to the rich diversity of social-theoretical critique in contemporary Japanese social theory. The editors have brought together some of the most influential Japanese social scientists to assess current trends in Japanese social theory, including Kazuhisa Nishihara, Aiko Kashimura, Masahiro (...) Ogino, Yumiko Ehara and Kiyomitsu Yui. The volume also contains dialogues with these Japanese contributors from authoritative Western social theorists – including, among others, Axel Honneth, Roland Robertson, Bryan S. Turner, Charles Lemert and Anthony Elliott – to reflect on such developments. The result is an exciting, powerful set of intellectual exchanges. The book introduces, contextualizes and critiques social theories in the broader context of Japanese society, culture and politics – with particular emphasis upon Japanese engagements and revisions of major traditions of social thought. Divided into two sections, the book surveys traditions of social thought in Japanese social science and presents the major social issues facing contemporary Japan. The book will appeal to students and scholars of sociology, social theory, critical theory, psychoanalysis, risk, gender studies, feminist studies, self and identity studies, media studies and cultural studies. (shrink)

There has recently been considerable interest in accounts of fiction which treat fictional characters as abstract objects. In this paper I argue against this view. More precisely I argue that such accounts are unable to accommodate our intuitions that fictional negative existentials such as “Raskolnikov doesn’t exist” are true. I offer a general argument to this effect and then consider, but reject, some of the accounts of fictional negative existentials offered by abstract object theorists. I then note that some of (...) the sort of data invoked by the abstract object theorist in fact cuts against her position. I concludle that we should not regard fictional characters as abstract objects but rather should adopt a make-believe theoretic account of fictional characters along the lines of those developed by Ken Walton and others. (shrink)

This is a new and revised edition of a book which has had a major impact upon the social sciences and public political debate. Anthony Elliott and Charles Lemert's THE NEW INDIVIDUALISM inspired readers with the dramatic suggestion that 'the reinvention craze' - from self-help and therapy culture to management restructurings and corporate downsizings - is central to a 'new individualism' sweeping the globe. Giving particular attention to the narratives of people seeking to define anew their lives in an (...) age of globalization, the authors contend that an endless hunger for instant change and relentless emphasis on self-reinvention is fundamental to grasping the disorientating effects of the new individualism. This edition contains a substantial new Introduction in which Elliott and Lemert reply to some of the standard criticisms made of the theory of the new individualism, and also addresses the escalation of new individualist thinking in the wake of recent global crises. (shrink)

This chapter provides an overview of how existential phenomenology has influenced qualitative research methods across a range of disciplines across the social, health, educational, and psychological sciences. It focuses specifically on how the concepts of “existential structures,” or “existentials”—such as selfhood, temporality, spatiality, affectivity, and embodiment—have been used in qualitative research. After providing a brief introduction to what qualitative research is and why philosophers should be interested in it, the chapter provides clear, straightforward examples of how qualitative researchers have used (...) existentials to analyze qualitative data and design qualitative studies. The chapter is intended to introduce philosophers to existential approaches to phenomenological qualitative research, with the aim of facilitating interdisciplinary dialogue and collaboration. (shrink)

Recently, there have been calls to develop a more contextual approach to phenomenological psychopathology—an approach that attends to the socio-cultural as well as personal and biographical factors that shape experiences of mental illness. In this Perspective article, we argue that to develop this contextual approach, phenomenological psychopathology should adopt a new paradigm case. For decades, schizophrenia has served as the paradigmatic example of a condition that can be better understood through phenomenological investigation. And recent calls for a contextual approach continue (...) to use schizophrenia as their primary example. We argue, in contrast, that substance misuse provides a better paradigm case around which to develop a contextually sensitive phenomenological psychopathology. After providing a brief vignette and analysis of a case of substance misuse, we explain why this kind of condition requires considerable sensitivity and attention to context, better motivating the incorporation and development of new contextually sensitive approaches. (shrink)

I argue for the existence of intrinsic Finks, Masks, and Mimics, and argue that these undermine certain recent attempts to revive simple conditional analyses of dispositions. I present some examples of intrinsic Finks, Masks, and Mimics, and argue that the example of an intrinsic fink I present has certain advantages over the examples of intrinsic finks recently suggested by Randolph Clarke. I conclude that the existence of such Finks, Masks, and Mimics, undermine a recent attempt by Sungho Choi to distinguish (...) dispositional properties from categorical properties. (shrink)

In this article, I argue that phenomenological psychopathologists, despite their critical attitude toward mainstream psychiatry, still hold problematic prejudices about the nature of psychiatric conditions as illness or disorder. I suggest that phenomenological psychopathologists turn to resources in the neurodiversity and mad pride movements to critically reflect upon these prejudices and appreciate the methodological problems that they pose.

This is an indispensible book for students, teachers and professional researchers in sociology, cultural studies, politics, feminism and philosophy.

Non-Identity arguments have a pervasive but sometimes counter-intuitive grip on certain key areas in ethics. As a result, there has been limited success in supporting the alternative view that our choices concerning future generations can be considered harmful on any sort of person-affecting principle. However, as the Non-Identity Problem relies overtly on certain metaphysical assumptions, plausible alternatives to these foundations can substantially undermine the Non-Identity argument itself. In this paper, I show how the pervasive force and nature of Non-Identity arguments (...) rely upon a specific adoption of a theory of modality and identity and how adopting an alternative account of modality can be used to reject many conclusions formed through Non-Identity type arguments. By using Lewis’s counterpart-theoretic account to understand ways we might have been, I outline the basis of a modal account of harm that incorporates a person-affecting aspect. This, in turn, has significant implications for ethical decision-making in areas such as reproductive choice and the welfare of future generations. (shrink)

Do minority groups have a right to the preservation of their language? I argue that the rights of groups are always reducible to the rights of individuals. In that case, the question whether minorities have a right to the preservation of their language is a question of whether individuals have a right to it. I argue that, in the only relevant sense of ‘right’, they do not. They may have an interest in the preservation of their language, but, if so, (...) that interest must be weighed against the costs of satisfying it, and, normally at least, we should expect that the costs will be quite out of proportion to the weight of the interests involved. (shrink)