Legal responses to battered women who kill have long animated scholarly debate and law reform activity. In September 2012 after 47 years of alleged abuse, Frenchwoman Jacqueline Sauvage fatally shot her abusive husband three times in the back. The subsequent contested trial, conviction for murder, unsuccessful appeal and later presidential pardon of Sauvage thrust the French law of self-defence into the spotlight. The Sauvage case raises important questions surrounding the adequacy of the French criminal law in this area, the ongoing (...) proliferation of gendered stereotypes in law and the need for reform. In the wake of the Sauvage case, this article provides a timely analysis of the gendered law of self-defence in France. Drawing from an in-depth analysis of the judgments imposed in the Sauvage case, this article examines the adequacy of French legal responses to battered women who kill and ignites an argument for further law reform. (shrink)

Andrew Fitz-Gibbon in Pragmatic Nonviolence: Working Toward a Better World argues that a principled form of pragmatism—pragmatism shaped by the theory of nonviolence—is the best hope for our world. He defines nonviolence as “a practice that, whenever possible seeks the well-being of the Other, by refusing to use violence to solve problems, and by having an intentional commitment to lovingkindness.” In the first part of the book, Fitz-Gibbon asks what a better world would look like. In (...) the second part, he covers what is the greatest obstacle to that better world: violence. In the third part, he examines philosophical theories of nonviolence. The fourth part examines pragmatism as a philosophy of “what works” (William James) through the lens of the principle of maximizing well-being through nonviolent practice. In response to Fitz-Gibbon’s work, critic Danielle Poe asks what a nonviolence response looks like to the Other whom we have wronged and wonders how nonviolence responds to systemic violence. Sanjay Lal asks whether pragmatism and nonviolence can be synthesized given the popular conception that the pragmatic possible seems at odds with the ideal of absolute nonviolence. William C. Gay affirms much of the text and suggests its uses in teaching. Mechthild Nagel wonders if Fitz-Gibbon’s pragmatic nonviolence is too anthropocentric and questions the absence of a consideration of systemic violence in the criminal justice system. Fitz-Gibbon then responds to the critics. (shrink)

Legal judgment writing mobilises a process of story-telling, drawing on existing judicial discourses, precedents and practices to create a narrative relevant to the specific case that is articulated by the presiding judge. In the Feminist Judgments projects feminist scholars and activists have sought to challenge and reinterpret legal judgments that have disadvantaged, discriminated against or denied women’s experiences. This paper reflects on the process of writing as a feminist judge in the Australian Project, in an intimate homicide case, R v (...) Middendorp. Drawing on the work of Judith Butler on intelligibility, iterability and the communality of violence and vulnerability, this article argues that feminist judgments necessarily require some uncomfortable compromises with unjust gendered institutions. While ‘donning the robes’ may be an uncomfortable process, a feminist re-articulation of the law’s carceral power serves to unsettle and challenge some aspects of gendered oppression, even though it cannot unsettle the operation of the institution. The article concludes that effective feminist interventions by members of the judiciary may require donning robes that are not entirely comfortable in order to persuade and advocate for change. (shrink)

_Love as a Guide to Morals_ is an entry-level introduction to the ethical importance of love. Written in conversational format this book looks uniquely at the complexity of love in human relationships and how love can guide ethical decision-making. The book suggests that love in all its intricacy—erotic/erosic love, friendship, affection, and agapic love—is the great good of human life. The book argues that love has a unifying power for morality, and is more suited to ethical thinking and practice than (...) any other idea. _Love as a Guide to Morals_ uses a modified Aristotelian argument and suggests “loving relationships” rather than happiness as the goal of human life. (shrink)

Drawing on the philosophy of nonviolence, the American pragmatist tradition, and recent empirical research, _Pragmatic Nonviolence_ demonstrates that, rather than being merely theoretical, nonviolence is a truly practical approach toward personal and community well-being.

_Positive Peace _is a scholarly and creative compilation of articles on peace education, nonviolence and social change. Arun Gandhi sets the scene in his introduction with the challenge that positive peace is both a resisting of the physical violence of war and the passive violence of the psychological structures that lead to conflict. Peace education rises to meet that challenge. In twelve chapters, philosophers and educators look at a variety of topics from Gandhian nonviolence, to pragmatic conflict solving; hope and (...) the ethics of belief, to the way we use violent language; mothering and peace activism, to multiculturalism and peace. Recurring themes are: pragmatic nonviolence, the ethics of care as an antidote to violence, and hope in a violent world. Chapters on the use of film in peace education, song and nonviolent activism, and teaching art history and peace, demonstrate pragmatic possibilities for would-be peace educators. Arun Gandhi in his introduction asks, “For generations human beings have strived to attain peace, but with little or no success. … Why is peace so illusive? Is it unattainable? Are humans incapable of living in peace?” This book suggests that peace education has a large part to play. It is an important attempt to begin to meet the challenge. (shrink)

In this paper I suggest that an ambivalence toward—sometimes hatred of—bodies has contributed to violence against bodies. I take my cue from the work of Richard Shusterman who coined the word “somaesthetics” and who has called for a new philosophical discipline of the same name. Shusterman’s work provides the beginning of a new matrix for a positive body consciousness. I also glance briefly at the work of Mark Johnson and other pragmatists who have urged a new conceptualization of bodies and (...) minds in the light of cognitive science. I suggest that this positive body consciousness is an essential element in the philosophy of nonviolence and the quest for less violence against bodies. I then consider helpful traditions from the east, particularly Daoism, that already have a developed system of body-mind-spirit practices that aid body consciousness. Such traditions, adapted and modified to our context in the west, may provide the practice for an authentic nonviolent existence where bodies matter more than they have in the past. (shrink)

In this paper I suggest that an ambivalence toward—sometimes hatred of—bodies has contributed to violence against bodies. I take my cue from the work of Richard Shusterman who coined the word “somaesthetics” and who has called for a new philosophical discipline of the same name. Shusterman’s work provides the beginning of a new matrix for a positive body consciousness. I also glance briefly at the work of Mark Johnson and other pragmatists who have urged a new conceptualization of bodies and (...) minds in the light of cognitive science. I suggest that this positive body consciousness is an essential element in the philosophy of nonviolence and the quest for less violence against bodies. I then consider helpful traditions from the east, particularly Daoism, that already have a developed system of body-mind-spirit practices that aid body consciousness. Such traditions, adapted and modified to our context in the west, may provide the practice for an authentic nonviolent existence where bodies matter more than they have in the past. (shrink)

Sparked by the recent threats to an open and pluralistic society in both Europe and the United States, The Fragility of Tolerant Pluralism is an exploration of social and political philosophy. Using the early sixteenth century as a lens to view our own struggles with multiple visions of a good society, the book looks at tolerant pluralism in the light of the twin challenges of resurgent nationalisms and Islamist terrorism. The book makes a case not only for social toleration, but (...) for a deep pluralism that both values and celebrates difference. It also suggests that the radical sects in Europe in the early sixteenth-century challenged the political and religious monisms of both Catholic and Protestant territories, hence planting the seeds of tolerant pluralism. The struggles faced in the sixteenth-century both reflect and inform our own pressing concerns today and as such, The Fragility of Tolerant Pluralism draws six lessons for our current situation. (shrink)

This paper is a reflection on a personal journey toward nonviolence, and looks particularly at the nonviolent care of children who have been victims of emotional, sexual and physical violence. It analyzes the philosophical threads of praxis, nonviolence and how moral sense is shaped through a triad of affective, reflective and elective experience. It concludes with a MacIntyrean perspective relating to the conjoining of theory and practice in the formation of a robust nonviolent praxis.

_Love as a Guide to Morals_ is an entry-level introduction to the ethical importance of love. Written in conversational format this book looks uniquely at the complexity of love in human relationships and how love can guide ethical decision-making. The book suggests that love in all its intricacy—erotic/erosic love, friendship, affection, and agapic love—is the great good of human life. The book argues that love has a unifying power for morality, and is more suited to ethical thinking and practice than (...) any other idea. _Love as a Guide to Morals_ uses a modified Aristotelian argument (after Alsdair MacIntyre) and suggests “loving relationships” rather than happiness as the goal of human life. (shrink)

_Positive Peace _is a scholarly and creative compilation of articles on peace education, nonviolence and social change. Arun Gandhi (grandson of Mahatma Gandhi) sets the scene in his introduction with the challenge that positive peace is both a resisting of the physical violence of war and the passive violence of the psychological structures that lead to conflict. Peace education rises to meet that challenge. In twelve chapters, philosophers and educators look at a variety of topics from Gandhian nonviolence, to pragmatic (...) conflict solving; hope and the ethics of belief, to the way we use violent language; mothering and peace activism, to multiculturalism and peace. Recurring themes are: pragmatic nonviolence, the ethics of care as an antidote to violence, and hope in a violent world. Chapters on the use of film in peace education, song and nonviolent activism, and teaching art history and peace, demonstrate pragmatic possibilities for would-be peace educators. Arun Gandhi in his introduction asks, “For generations human beings have strived to attain peace, but with little or no success. … Why is peace so illusive? Is it unattainable? Are humans incapable of living in peace?” This book suggests that peace education has a large part to play. It is an important attempt to begin to meet the challenge. (shrink)

To Andrew Fitz-Gibbon the history of Northern Ireland provides much useful insight by which progress can be made in the on-going (and seemingly never ending) vicious conflicts between Israelis and Palestinians that our world has not been able to break free of. In the first three chapters of “Talking to Terrorists” the Northern Ireland conflicts are placed within a very accessible and surprisingly thorough (given the book’s brevity) context. In his final chapter “Toward a Peaceful Future” Fitz- (...) class='Hi'>Gibbon identifies and elaborates upon seven specific areas “where the Northern Ireland Peace Process might inform the situation between Israel and Gaza.". (shrink)

This paper argues for externalism about justification on the basis of thought experiments. I present cases in which two individuals are intrinsically and introspectively indistinguishable and in which intuitively, one is justified in believing that p while the other is not. I also examine an argument for internalism based on the ideas that we have privileged access to whether or not our own beliefs are justified and that only internalism is compatible with this privilege. I isolate what I take to (...) be the most plausible form of privileged access to justification and show that it is compatible with externalism. (shrink)

The Implementation Problem for conceptual engineering is, roughly, the problem conceptual engineers face when attempting to bring about the conceptual change they support. An important aspect of this problem concerns the extent to which attempting to implement concepts can lead to unintended negative consequences. Not only can conceptual engineers fail to implement their proposals, but their interventions can produce outcomes directly counter to their goals. It is therefore important to think carefully about the prospect of attempted implementation leading to unintended (...) negative consequences: what sort of negative consequences can conceptual engineers expect? Are some forms of conceptual engineering more likely than others to lead to such consequences? And is conceptual engineering still viable even given the risk of such consequences? This paper addresses such questions. I begin by outlining different forms of conceptual engineering (Section 1), before examining how they can produce unintended negative consequences (Section 2). I then discuss some implications of the fact that attempted implementation can produce unintended negative consequences, suggesting that, among other things, some forms of conceptual engineering are less viable than others (Section 3). I conclude, though, by considering some of the ways in which conceptual engineering is nonetheless a worthwhile pursuit (Section 4). (shrink)

Traditional definitions of determinism in terms of causation seem nowadays to have been largely superseded by accounts in terms of predictability. If it were true that all and only caused events were predictable then doctrines of universal causation and universal predictability would be equivalent and it would only remain to ask what advantages if any an indirect epistemological account had over a direct ontological one—none, one might have thought, more especially if the former presupposed the latter. In fact, however, the (...) two are by no means so simply and directly related: being caused is neither alone sufficient nor yet again is it necessary for predictability, or so at least I shall be endeavouring here to show. (shrink)

John Gibbons presents an original account of epistemic normativity. Belief seems to come with a built-in set of standards or norms. One task is to say where these standards come from. But the more basic task is to say what those standards are. In some sense, beliefs are supposed to be true. Perhaps they’re supposed to constitute knowledge. And in some sense, they really ought to be reasonable. Which, if any of these is the fundamental norm of belief? The book (...) argues against the teleological or instrumentalist conception of rationality that sees being reasonable as a means to our more objective aims, either knowledge or truth. And it tries to explain both the norms of knowledge and of truth in terms of the fundamental norm, the one that tells you to be reasonable. The importance of being reasonable is not explained in terms of what it will get you, or what you think it will get you, or what it would get you if only things were different. The requirement to be reasonable comes from the very idea of what a genuine requirement is. That’s where the built-in standards governing belief come from, and that’s what they are. (shrink)

The present ERP study investigated effects of subliminal emotional words on preference judgments about subsequent visual target stimuli . Each target was preceded by a masked 17-ms emotional adjective. Four classes of prime words were distinguished according to the combinations of positive/negative valence and high/low arousal. Targets were liked significantly more after positive-arousing primes , relative to negative-arousing , positive-nonarousing , and negative-nonarousing primes . In the target ERP, amplitude of right-hemisphere positive slow wave was increased after positive-arousing compared to (...) negative-arousing primes. Evaluative priming effects on judgments and ERPs were more pronounced in high state-anxious participants. The results suggest that there is indeed affective/semantic processing of unconscious words, evaluative priming operates relatively late during target processing, to be effective, prime words need to score high on the arousal dimension, and individual differences in state anxiety modulate the susceptibility to subliminal evaluative priming. (shrink)

As we approach the end of the twentieth century, the ways in which knowledge--scientific, social, and cultural--is produced are undergoing fundamental changes. In The New Production of Knowledge, a distinguished group of authors analyze these changes as marking the transition from established institutions, disciplines, practices, and policies to a new mode of knowledge production. Identifying such elements as reflexivity, transdisciplinarity, and heterogeneity within this new mode, the authors consider their impact and interplay with the role of knowledge in social relations. (...) While the knowledge produced by research and development in science and technology is accorded central focus, the authors also outline the changing dimensions of social scientific and humanities knowledge and the relations between the production of knowledge and its dissemination through education. Placing science policy and scientific knowledge within the broader context of contemporary society, this book will be essential reading for all those concerned with the changing nature of knowledge, with the social study of science, with educational systems, and with the correlation between research and development and social, economic, and technological development. "Thought-provoking in its identification of issues that are global in scope; for policy makers in higher education, government, or the commercial sector." --Choice "By their insightful identification of the recent social transformation of knowledge production, the authors have been able to assert new imperatives for policy institutions. The lessons of the book are deep." --Alexis Jacquemin, Universite Catholique de Louvain and Advisor, Foreign Studies Unit, European Commission "Should we celebrate the emergence of a 'post-academic' mode of postmodern knowledge production of the post-industrial society of the 21st Century? Or should we turn away from it with increasing fear and loathing as we also uncover its contradictions. A generation of enthusiasts and/or critics will be indebted to the team of authors for exposing so forcefully the intimate connections between all the cognitive, educational, organizational, and commercial changes that are together revolutionizing the sciences, the technologies, and the humanities. This book will surely spark off a vigorous and fruitful debate about the meaning and purpose of knowledge in our culture." --Professor John Ziman, (Wendy, Janey at Ltd. is going to provide affiliation. Contact if you don't hear from her.) "Jointly authored by a team of distinguished scholars spanning a number of disciplines, The New Production of Knowledge maps the changes in the mode of knowledge production and the global impact of such transformations. . . . The authors succeed . . . at sketching out, in very large strokes, the emerging trends in knowledge production and their implications for future society. The macro focus of the book is a welcome change from the micro obsession of most sociologists of science, who have pretty much deconstructed institutions and even scientific knowledge out of existence." --Contemporary Sociology "This book is a timely contribution to current discussion on the breakdown of and need to renegotiate the social contract between science and society that Vannevar Bush and likeminded architects of science policy constructed immediately after World War II. It goes far beyond the usual scattering of fragmentary insights into changing institutional landscapes, cognitive structures, or quality control mechanisms of present day science, and their linkages with society at large. Tapping a wide variety of sources, the authors provide a coherent picture of important new characteristics that, taken altogether, fundamentally challenge our traditional notions of what academic research is all about. This well-founded analysis of the social redistribution of knowledge and its associated power patterns helps articulate what otherwise tends to remain an--albeit widespread--intuition. Unless they adapt to the new situation, universities in the future will find the centers of gravity of knowledge production moving even further beyond their ken. Knowledge of the social and cognitive dynamics of science in research is much needed as a basis of science and technology policymaking. The New Production of Knowledge does a lot to fill this gap. Another unique feature is its discussion of the humanities, which are usually left out in works coming out of the social studies of science." --Aant Elzinga, University od Goteborg. (shrink)

Vigorous debate over the moral propriety of cognitive enhancement exists, but the views of the public have been largely absent from the discussion. To address this gap in our knowledge, four experiments were carried out with contrastive vignettes in order to obtain quantitative data on public attitudes towards cognitive enhancement. The data collected suggest that the public is sensitive to and capable of understanding the four cardinal concerns identified by neuroethicists, and tend to cautiously accept cognitive enhancement even as they (...) recognize its potential perils. The public is biopolitically moderate, endorses both meritocratic principles and the intrinsic value of hard work, and appears to be sensitive to the salient moral issues raised in the debate. Taken together, these data suggest that public attitudes toward enhancement are sufficiently sophisticated to merit inclusion in policy deliberations, especially if we seek to align public sentiment and policy. (shrink)

The ambiguity regarding whether a given intervention is perceived as enhancement or as therapy might contribute to the angst that the public expresses with respect to endorsement of enhancement. We set out to develop empirical data that explored this. We used Amazon Mechanical Turk to recruit participants from Canada and the United States. Each individual was randomly assigned to read one vignette describing the use of a pill to enhance one of 12 cognitive, affective or social domains. The vignettes described (...) a situation in which an individual was using a pill to enhance the relevant domain under one of two possible enhancement conditions, one perceived as enhancing above the norm, what most people recognize as a clear case of enhancement, whereas the other perceived as enhancing towards the norm, with the individual using the enhancement having a modest, but subclinical deficit. Participants were asked how comfortable they were with the individual using the enhancement and about the impact the enhancement might have had in the individuals’ success in life. We found that irrespective of the domain to be enhanced, participants felt significantly more comfortable with ETN than with EAN, and they regarded the enhancement intervention as contributing to greater success in life with ETN rather than EAN. These data demonstrate that the therapy enhancement distinction is morally salient to the public, and that this distinction contributes to the angst that people feel when considering the propriety of CAS enhancement. (shrink)

In this article the questions of what counts as play and philosophy are considered in relation to the question of early education for young children. The child subject characterised by the themes of playfulness, emotion, and irrationality is compared to the playful philosopher emanating from the work of Friedrich Nietzsche, Ludwig Wittgenstein and Michel Foucault. This analysis contributes to the exploration of themes of truth and difference, the search for challenges to styles of philosophy in education, and to the role (...) of the educator in knowing and producing a particular creative child subject. Relationships between child and adult, player and philosopher are explored in order to question what counts as style, play and philosophy for both the child who is required to contribute as a creative player, and for the educator who is required to facilitate the development of such a child. The contemporary valorisation of children as active and constructive philosophers is, then, critically examined in terms of what counts as a philosopher and/or a child, and who gets to ‘do’ creative and playful philosophy. This article draws upon the New Zealand curriculum framework for early childhood education, Te Whāriki, and the work of Paulo Ghiraldelli, in exploring the contributions of both child and adult to the experience of education and philosophy. (shrink)

The debate over the propriety of cognitive enhancement evokes both enthusiasm and worry. To gain further insight into the reasons that people may have for endorsing or eschewing pharmacological enhancement, we used empirical tools to explore public attitudes towards PE of twelve cognitive, affective, and social domains. Participants from Canada and the United States were recruited using Mechanical Turk and were randomly assigned to read one vignette that described an individual who uses a pill to enhance a single domain. After (...) reading the vignette, participants were asked how comfortable they were with the individual using the enhancement. People were significantly more comfortable when they read about enhancement of certain CAS domains than others. We found a modest negative correlation between comfort level and the degree to which the PE was perceived as changing core features of the person. We also found a modest correlation between comfort level and the degree to which the PE was perceived as improving success in life. Finally, using a sequential mixed method technique, we found that participants who felt uncomfortable about PE use overwhelmingly focused on a lack of need and, to a lesser degree, expressed concerns about safety; those who felt comfortable about PE use most frequently mentioned the safety of the pill and its ability to provide a positive outcome. The data provide novel insights into public enthusiasms and concerns over the use of PE. (shrink)

The neural basis of human memory is incredibly complex. We argue that the diversity of neural systems underlying various forms of memory suggests that any discussion of enhancing ‘memory’ per se is too broad, thus obfuscating the biopolitical debate about human enhancement. Memory can be differentiated into at least four major systems with largely dissociable neural substrates. We outline each system, and discuss both the practical and the ethical implications of these diverse neural substrates. In practice, distinct neural bases imply (...) the possibility, and likely the necessity, of specific approaches for the safe and effective enhancement of various memory systems. In the debate over the ethical and social implications of enhancement technologies, this fine-grained perspective clarifies—and may partially mitigate—certain common concerns in enhancement debates, including issues related to safety, fairness, coercion, and authenticity. While many researchers certainly appreciate the neurobiological complexity of memory, the political debate tends to revolve around a monolithic one-size-fits-all conception. The overall project—exploring how human enhancement technologies affect society – stands to benefit from a deeper appreciation of memory’s neurobiological diversity. (shrink)

In this article the questions of what counts as play and philosophy are considered in relation to the question of early education for young children. The child subject characterised by the themes of playfulness, emotion, and irrationality is compared to the playful philosopher emanating from the work of Friedrich Nietzsche, Ludwig Wittgenstein and Michel Foucault. This analysis contributes to the exploration of themes of truth and difference, the search for challenges to styles of philosophy in education, and to the role (...) of the educator in knowing and producing a particular creative child subject. Relationships between child and adult, player and philosopher are explored in order to question what counts as style, play and philosophy for both the child who is required to contribute as a creative player, and for the educator who is required to facilitate the development of such a child. The contemporary valorisation of children as active and constructive philosophers is, then, critically examined in terms of what counts as a philosopher and/or a child, and who gets to ‘do’ creative and playful philosophy. This article draws upon the New Zealand curriculum framework for early childhood education, Te Whāriki, and the work of Paulo Ghiraldelli, in exploring the contributions of both child and adult to the experience of education and philosophy. (shrink)

This paper critically engages with the theme of ‘process over product’—a theme that is argued to be increasingly problematised as an influential narrative in the construction and transmission of a philosophy of early education. The importance of producing children of ‘competence’ through appropriate educational processes is associated with assumptions regarding what counts as an appropriate educational journey for children before they reach school age. Drawing upon the work of Michel Foucault, and Jean‐François Lyotard, this paper considers the purpose and tensions (...) of articulating process as more important than product in early childhood. It is argued that the articulation of the child as a particular kind of process‐oriented player leads to an uncritical acceptance of technologies of governing the child. Furthermore, discourse asserting the importance of processes of play reveals a crisis in understanding what it means to be a player, and what the purpose of the process of play might be. Process contributes to a narrow understanding of a performative purpose of play as a processing of information. A role of the educator, this paper argues, is then to critically engage with the transmission of the theme of process. (shrink)

This paper critically engages with the theme of ‘process over product’—a theme that is argued to be increasingly problematised as an influential narrative in the construction and transmission of a philosophy of early education. The importance of producing children of ‘competence’ through appropriate educational processes is associated with assumptions regarding what counts as an appropriate educational journey for children before they reach school age. Drawing upon the work of Michel Foucault, and Jean‐François Lyotard, this paper considers the purpose and tensions (...) of articulating process as more important than product in early childhood. It is argued that the articulation of the child as a particular kind of process‐oriented player leads to an uncritical acceptance of technologies of governing the child. Furthermore, discourse asserting the importance of processes of play reveals a crisis in understanding what it means to be a player, and what the purpose of the process of play might be. Process contributes to a narrow understanding of a performative purpose of play as a processing of information. A role of the educator, this paper argues, is then to critically engage with the transmission of the theme of process. (shrink)

In this paper, I give examples of the similarities in thought which I have found in the works of philosophers and thinkers of ancient Greece and ancient India. Being a comparative philosopher, I have worked with both traditions for many years. In fact, the more I do research in both traditions, the more similarities I have found in various views or perspectives, beliefs and values.After briefly explaining some of the similarities, I argue that an ongoing exploration and comparison of these (...) two great traditions can help humans to understand the origins of knowledge, especially philosophical knowledge, and that because the study involves both Western and non-Western traditions, it will require comparative philosophers to undertake the study. Furthermore, since the study will involve research concerning the two cultures, anthropologists, linguists, and some historians will also be needed in this undertaking. (shrink)