The article elaborates an original intertwined reading of republican theory, deliberative democracy and political equality. It argues that republicans, deliberative democrats and egalitarian scholars have not paid sufficient attention to a number of features present in these bodies of scholarships that relate them in mutually beneficial ways. It shows that republicanism and deliberative democracy are related in mutually beneficial ways, it makes those relations explicit, and it deals with potential objections against them. Additionally, it elaborates an egalitarian principle underpinning the (...) resulting model that I label Equality of Access and Deliberation. The upshot of these considerations is a novel and mutually reinforcing interrelated three-tiered theoretical and institutional proposal. (shrink)

We lack analyses of the judiciary from a systemic perspective. This article thus examines arguments offered by deliberativists who have reflected about this institution and argues that the current state of deliberative democracy requires us to rethink the ways they conceive of the judiciary within a deliberative framework. After an examination of these accounts, I define the deliberative system and describe the different phases deliberative democracy has gone through. I then single out elements common to all systemic approaches against which (...) I test whether the regard that the authors show for the judiciary in deliberative terms can be maintained and argue in the negative. I conclude by pointing at the necessity to think about the definition of deliberative systems, and to the value of these discussions for debates on the legitimacy of judicial review when it is exercised under the form of judicial supremacy. (shrink)

Champions of systemic approaches to deliberative democratic theory consider that deliberative systems serve sundry functions. Whether guaranteeing political freedom should be one of those functions has not been explored in the scholarly literature. This article thus examines which conceptions of freedom underpin systemic approaches to deliberative democracy. I explore and circumscribe the analysis to two prominent options: freedom as absence of interference and freedom as non-domination. The answer to which of these alternatives best serves as a function of the deliberative (...) system hinges on the previous question of whether holistic evaluations of systemic deliberative performance are to be endorsed. The article then argues that holistic evaluations are only compatible with freedom as non-interference. By contrast, freedom as non-domination is incompatible with holism. I then provide reasons for endorsing freedom as non-domination and, by implication, to reject holistic systemic evaluations. (shrink)

This article analogises political representation to legal interpretation. It then applies the analogy to the hitherto neglected question of what political representation means for deliberative constitutionalism. The upshot is a conception of deliberative constitutionalism that, while uncompromisingly grounded in the reasoned expression of the preferences of a polity's constituents through deliberative democratic institutional innovations, mandates representatives to translate those preferences into general and abstract constitutional law. It thus enhances the deliberative contribution of citizens in the determination of constitutional meaning, while (...) preserving the value of representative institutions. (shrink)

Courts do many good things. Judges carefully consider individual claims and arguments,1 and contrast them against the law in light of evidence. Their decisions are argued for, are public, and can be contested in form and content in different hierarchical stages. Additionally, and among other things, these practices are said to contribute to the will-formation of the public sphere and improve the quality of the legislative process.2.

Legal scholars generally consider the theorisation and constitutionalisation of constitutional interpretation as a matter for the courts. This article first challenges this tendency on conceptual grounds, showing that no institutional commitment follows from the nature of interpretation in law, constitutional law included. It then provides guidance for thinking about institutional perspectives according to two criteria: the nature and normative strength of the sources interpreted and the capacity of the interpreter to include and consider every possibility affected when her interpretation carries (...) collective effects and is authoritatively final. The application of these criteria places the discussion on the grounds of democratic theory. The article thus reviews competing democratic theories and champions deliberative democracy as the alternative whose constitutive features best allow for the development of institutions capable of exercising constitutional interpretation when the imposition of meaning on the constitution is final and carrieserga omneseffects. (shrink)

Constitutionalists and deliberative democrats show increasing interest in deliberative constitutionalism. They seek to reconcile two prima facie conflicting camps in legal and political philosophy:...

Rejecting judicial supremacy in constitutional interpretation, this paper argues that understanding the interpretation of constitutions to be a solely legal and judicial undertaking excludes citizens from such activity. The paper proffers a two-pronged classification of analyses of constitutional interpretation. Implicit accounts discuss interpretation without reflecting on whether such activity can or should be performed by non-judicial institutions as well. Explicit accounts ask whether interpretation of constitutions is a matter to be dealt with by courts and answer affirmatively. I criticise both (...) camps. Implicit accounts fail to explain why constitutional interpretation is purely judicial in character. Explicit accounts do not provide enough reasons why the judiciary is allegedly the ideal institution to give constitutions meaning with final authority, both in instrumental and normative terms. The paper closes by suggesting avenues for future research. (shrink)

Por medio del rechazo a la supremacía judicial en la interpretación constitucional, este artículo argumenta que entender la interpretación de una constitución como un práctica estrictamente legal y judicial, excluye a la ciudadanía de dicha actividad. El artículo ofrece una clasificación de análisis de interpretación constitucional. Primero, las tesis implícitas discuten sobre la interpretación sin reflexionar sobre si dicha actividad puede ser también llevada a cabo por instituciones no judiciales. Segundo, las tesis explícitas cuestionan si la interpretación constitucional es un (...) asunto que ha de ser tratado por los tribunales, y responden afirmativamente. Crítico ambos grupos de argumentos. Las tesis implícitas no explican porqué la interpretación constitucional es de naturaleza puramente judicial. Las tesis explícitas no justifican suficientemente por qué la judicatura es la institución ideal para dotar de significado final a la constitución de manera autoritativa, tanto en términos instrumentales como normativos. Finalizo sugiriendo caminos para investigaciones futuras. (shrink)

Rejecting judicial supremacy in constitutional interpretation, this paper argues that understanding the interpretation of constitutions to be a solely legal and judicial undertaking excludes citizens from such activity. The paper proffers a two-pronged classification of analyses of constitutional interpretation. Implicit accounts discuss interpretation without reflecting on whether such activity can or should be performed by non-judicial institutions as well. Explicit accounts ask whether interpretation of constitutions is a matter to be dealt with by courts and answer affirmatively. I criticise both (...) camps. Implicit accounts fail to explain why constitutional interpretation is purely judicial in character. Explicit accounts do not provide enough reasons why the judiciary is allegedly the ideal institution to give constitutions meaning with final authority, both in instrumental and normative terms. The paper closes by suggesting avenues for future research. (shrink)

El artículo da cuenta que la historia constitucional chilena se encuentra vinculada a las nociones de orden y estabilidad. Esta situación se manifiesta de manera particular en la Constitución de 1980, fruto del régimen de un gobierno de facto que implantó un sistema constitucional fundado en una comprensión liberal de la democracia, la cual se fundamenta y se legitima por su uso. Se apuesta por una reforma a la Carta, la que actualmente opera fuera de los fines de toda Constitución, (...) restringiendo la participación ciudadana. Particular atención merecen las manifestaciones que tienen lugar hoy y que reflejan cómo el régimen constitucional impide poner sobre la mesa de discusión con el Gobierno un ideal de educación que abandone una democracia instrumental y que recoja principios republicanos. (shrink)

El artículo da cuenta que la historia constitucional chilena se encuentra vinculada a las nociones de orden y estabilidad. Esta situación se manifiesta de manera particular en la Constitución de 1980, fruto del régimen de un gobierno de facto que implantó un sistema constitucional fundado en una comprensión liberal de la democracia, la cual se fundamenta y se legitima por su uso. Se apuesta por una reforma a la Carta, la que actualmente opera fuera de los fines de toda Constitución, (...) restringiendo la participación ciudadana. Particular atención merecen las manifestaciones que tienen lugar hoy y que reflejan cómo el régimen constitucional impide poner sobre la mesa de discusión con el Gobierno un ideal de educación que abandone una democracia instrumental y que recoja principios republicanos. (shrink)

Estas páginas reseñan uno de los últimos libros de Roberto Gargarella. La obra, un diagnóstico de los problemas estructurales y normativos del constitucionalismo latinoamericano, abre debates centrales para las reformas de los sistemas políticos y jurídicos de la región, al tiempo que ofrece un ideal regulativo propio hacia donde dichas reformas deban dirigirse: el del derecho entendido como una conversación entre iguales. En el marco de la exposición de dichos argumentos se muestra los principales méritos del libro. Se agregan algunas (...) consideraciones críticas relativas a la forma en que el ideal de la conversación entre iguales articula las relaciones entre las instituciones representativas y la ciudadanía. Hacia el final se destaca la reflexión a la que incita La derrota del derecho en América Latina. (shrink)

David Hume is famous as a sceptical philosopher but the nature of his scepticism is difficult to pin down. Hume's True Scepticism provides the first sustained interpretation of Part 4 of Book 1 of Hume's Treatise: his deepest engagement with sceptical arguments, in which he notes that, while reason shows that we ought not to believe the verdicts of reason or the senses, we do so nonetheless. Donald C. Ainslie addresses Hume's theory of representation; his criticisms of Locke, Descartes, (...) and other predecessors; his account of the imagination; his understanding of perceptions and sensory belief; and his bundle theory of the mind and his later rejection of it. (shrink)

This paper introduces the important concept of a biophysical perspective on economics into the business ethics literature. The biophysical perspective recognizes that ecological processes determine what can be done in an economy and how best to do it. A biophysical perspective places the economic system into a larger context of the ecologic system. This changes the perception of ethical issues by identifying a larger scope of management decisions. The paper examines the changing ethical landscape in such issues as biotechnology, planned (...) obsolescence, productivity, and international trade. The paper also examines the shift in mindset associated with the shift in economic framework. It draws on the literature on cognitive structures and moral imagination to show this new perspective can actually raise the bar for ethical decision-making and behavior. The pattern is that the ethical behavior associated with a biophysical economic framework has a greater scope of responsibility with the benefit that the required ethical behavior leads to better long-term decision making. (shrink)

This essay – a collection of contributions from 10 scholars working in the field of biosemiotics and the humanities – considers nature in culture. It frames this by asking the question ‘Why does biosemiotics need the humanities?’. Each author writes from the background of their own disciplinary perspective in order to throw light upon their interdisciplinary engagement with biosemiotics. We start with Donald Favareau, whose originary disciplinary home is ethnomethodology and linguistics, and then move on to Paul Cobley’s contribution (...) on general semiotics and Kalevi Kull’s on biosemiotics. This is followed by Cobley with Frederick Stjernfelt who contribute on biosemiotics and learning, then Gerald Ostdiek from philosophy, and Morten Tønnessen focusing upon ethics in particular. Myrdene Anderson writes from anthropology, while Timo Maran and Louise Westling provide a view from literary study. The essay closes with Wendy Wheeler reflecting on the movement of biosemiotics as a challenge, often via the ecological humanities, to the kind of so-called ‘postmodern’ thinking that has dominated humanities critical thought in the universities for the past 40 years. Virtually all the matters gestured to in outline above are discussed in much more satisfying detail in the topics which follow. (shrink)

In the Treatise of Human Nature , Hume argues that, because we have adequate ideas of the smallest parts of space, we can infer that space itself must conform to our representations of it. The paper examines two challenges to this argument based on Descartes's and Locke's treatments of adequate ideas, ideas that fully capture the objects they represent. The first challenge, posed by Arnauld in his Objections to the Meditations , asks how we can know that an idea is (...) adequate. The second challenge, implicit in Locke's Essay , asks how an empiricist can characterize an idea as inadequate, as both picking out an object and yet failing to capture it fully. In showing how Hume responds to these challenges, his theory of perceptual representation is explained and his treatment of space is related to his scepticism. His conclusion is shown not to be a characterization of space as it exists wholly apart from our powers of conception. Instead, in an adumbration of Kant, his claim is restricted to space as it appears to us. (shrink)

This article explains Aquinas's attempt to show, within an Aristotelian framework, how the soul can be both a substance in its own right and the form of the body. I argue that although Aquinas' theory is logically consistent, its plausibility is weakened by the fact that it requires a significant modification of the Aristotelian conceptions of both substance and form.

The current interest in bioregionalism, stimulated in part by Kirkpatrick Sale’s Dwellers in the Land, shows that people are looking for a form of political praxis which addresses the importance of region. In this paper, I argue that much of the bioregional literature written to date mystifies the concept of region, discounting the role of subjectivity and culture in shaping regional boundaries and veers toward asimplistic view of “nature knows best.” Bioregionalism can be rehabilitated, provided we treat it not as (...) a “revealed wisdom” for the reconstruction of human society, but as a sensibility and environmental ethic that can infuse our work even as we make use of the functional regionalisms that increasingly shape people’s consciousness. I conclude by citing Lewis Mumford’s concept of a region as capturing the dialectical interplay of natural and cultural elements. (shrink)

The idea that the self is in need of rethinking, as the title to this collection of essays suggests, presupposes that the self has already been “thought.” And indeed it has—both explicitly, by philosophers, and implicitly, in the practices of everyday life. For philosophers, this thinking about the self has taken place largely in abstract terms; persons have been treated as metaphysical-cum-moral subjects, disembodied minds that could plausibly be split from or melded with other such minds, or as rational agents, (...) capable of choosing a plan in terms of which to live their lives. In everyday life, in contrast, we “think” one another as selves by making assumptions about how the people we encounter fit into the social landscape and about how we ourselves have a place in the world. As the essays in this collection demonstrate, feminists have challenged both ways of thinking of selfhood in various, sometimes contradictory, ways. (shrink)

This study bridged the gap in the literature by exploring the overlaps between public financial accountability and religious sentiments. Previous studies have considered accountability in specific religions and religious organisations through the expositions of their application of accounting concepts and procedures. However, the ways in which religious sentiments affect public accountability are rarely researched. Yet, religion and religious sentiments play central roles in the lived experiences of many people and affect their decisions and perceptions. We used the issuance of Sukuk (...) as a way to understanding how religious sentiments can impact public financial accountability. Our analysis of the online commentaries on the media report of the Sukuk issuance relied on the theory of Symbolic Interactionism and an interpretivist research approach that recognises multiple realities and supports exploring people’s lived experiences. Symbolic Interactionism suggests that people create meanings from their interactions with others through symbols, actions and multiple roles in social settings. Our findings showed that the Sukuk issuance elicited conflicting symbolic meanings amongst Netizens that affected their opinions of governments’ efforts to enhance public infrastructure using alternative financing options. We argued that clarity on the intersection between religious sentiment and public financial accountability can lead to deeper understanding on the nature of public accountability. It could also support the design of appropriate accountability frameworks especially in contexts with social fissures capable of undermining public accountability. (shrink)

Why is understanding causation so important in philosophy and the sciences? Should causation be defined in terms of probability? Whilst causation plays a major role in theories and concepts of medicine, little attempt has been made to connect causation and probability with medicine itself. Causality, Probability, and Medicine is one of the first books to apply philosophical reasoning about causality to important topics and debates in medicine. Donald Gillies provides a thorough introduction to and assessment of competing theories of (...) causality in philosophy, including action-related theories, causality and mechanisms, and causality and probability. Throughout the book he applies them to important discoveries and theories within medicine, such as germ theory; tuberculosis and cholera; smoking and heart disease; the first ever randomized controlled trial designed to test the treatment of tuberculosis; the growing area of philosophy of evidence-based medicine; and philosophy of epidemiology. This book will be of great interest to students and researchers in philosophy of science and philosophy of medicine, as well as those working in medicine, nursing and related health disciplines where a working knowledge of causality and probability is required. (shrink)

In Hume's True Scepticism, I offer a new interpretation of David Hume's epistemology and philosophy of mind as presented in A Treatise of Human Nature.1 I approach this task by developing what I take to be the first comprehensive2 investigation of Part 4 of Book 1. The arguments Hume offers there have frequently been addressed by the secondary literature in a piecemeal fashion, especially his account of personal identity and of our belief in the external world. But I argue in (...) HTS that they should be read as a sustained investigation of the human temptation to form philosophical systems. Consider its title: "Of the sceptical and other systems of philosophy". Hume, I suggest, is... (shrink)

I owe thanks to Annemarie Butler, Jonathan Cottrell, and Barry Stroud for their thoughtful criticism of my interpretation in Hume's True Scepticism of David Hume's epistemology and philosophy of mind as presented in A Treatise of Human Nature.1 Butler focuses on my account of the mental mechanisms Hume provides for our everyday beliefs about external objects. She also challenges my appeal to what Hume calls "secondary" ideas in my explanation of Humean introspection. Cottrell raises questions about my interpretation of perceptions (...) generally, both introspective and non-introspective, as well as my understanding of Hume's conflicted statements about... (shrink)

The thesis of this book is that despite Freud's low opinion of philosophy and despite his claim that psychoanalysis avoids value judgements, psychoanalytic theory does contain a moral philosophy.

This textbook is a flexible and affordable collection of classic and contemporary primary sources in philosophy. The readings cover seven basic topics of Western Philosophy. The selections are long enough to present a self-contained argument but not so lengthy that students lose track of the main point. The book includes a glossary and an appendix on logic and argumentation.

This textbook is a flexible and affordable collection of classic and contemporary primary sources in philosophy. The readings cover seven basic topics of Western Philosophy. The selections are long enough to present a self-contained argument but not so lengthy that students lose track of the main point. Each reading has an outline with study questions, questions for reflection and discussion, and an annotated bibliography. The book includes a glossary and an appendix on logic and argumentation.

In this paper, we reflect upon our experience in Mexico, as weIl as review the literature on reflection developed by adult educators in the United States in order to begin to develop a theory of “relevant retlection” useful for family literacy practitioners. We feel that engaging in relevant reflection can help to empower family literacy practitioners in the United States to work more effectively with participants and help participants think more critically about the meaning of literacy in their lives. It (...) is the participant’s perception of their life-world that we hold to be valid. In the context of family literacy, our initial interest is in promoting the exploration of the educational validity of a certain form of reflection as it relates to learning process and outcomes. Our theory derived from reviewing the literature on reflection and critical reflection is thus stated: When family literacy paticipants are encouraged to reflect upon the relevance of literacy as it relates to their life-world, learning is significantly enhanced. Relevant reflection can be facilitated through engaging participants in reflecting upon the relevance of literacy to their lives, their families, their communities and their livelihoods. Indeed, this can be done individuaIly, in dialogue with another and/or as a group. Family literacy practitioners are provided a framework for facilitating relevant reflection for participants. (shrink)

Frank Tipler's The Physics of Immortality provides abundant cause for intellectual offense—including challenges to physics, to theology, and, seemingly, to common sense. Few philosophical conundrums remain unaddressed. Still, the book is stimulating and well presented.