This article is a transcript of a conversation between Michel Foucault and Jonathan Simon in San Francisco in October 1983. It has never previously been published and is transcribed on the basis of a tape recording made at the time. Foucault and Simon begin with a discussion of Foucault’s 1977 lecture ‘About the Concept of the “Dangerous Individual” in 19th-Century Legal Psychiatry’, and move to a discussion of notions of danger, psychiatric expertise in the prosecution cases, crime, responsibility and (...) rights in the US and French legal systems. The transcription is accompanied by a brief contextualizing introduction and a retrospective comment by Simon. (shrink)

This book is a philosophical analysis of the development and production of the anti-diphtheria serum in France from 1894 to 1900. Jonathan Simon's unique approach considers serum, a medicinal drug, as a technological object and analyzes its insertion into the therapeutic environment of diphtheria.

What would it mean to apply quantum theory, without restriction and without involving any notion of measurement and state reduction, to the whole universe? What would realism about the quantum state then imply? This book brings together an illustrious team of philosophers and physicists to debate these questions. The contributors broadly agree on the need, or aspiration, for a realist theory that unites micro- and macro-worlds. But they disagree on what this implies. Some argue that if unitary quantum evolution has (...) unrestricted application, and if the quantum state is taken to be something physically real, then this universe emerges from the quantum state as one of countless others, constantly branching in time, all of which are real. The result, they argue, is many worlds quantum theory, also known as the Everett interpretation of quantum mechanics. No other realist interpretation of unitary quantum theory has ever been found. Others argue in reply that this picture of many worlds is in no sense inherent to quantum theory, or fails to make physical sense, or is scientifically inadequate. The stuff of these worlds, what they are made of, is never adequately explained, nor are the worlds precisely defined; ordinary ideas about time and identity over time are compromised; no satisfactory role or substitute for probability can be found in many worlds theories; they can't explain experimental data; anyway, there are attractive realist alternatives to many worlds. Twenty original essays, accompanied by commentaries and discussions, examine these claims and counterclaims in depth. They consider questions of ontology - the existence of worlds; probability - whether and how probability can be related to the branching structure of the quantum state; alternatives to many worlds - whether there are one-world realist interpretations of quantum theory that leave quantum dynamics unchanged; and open questions even given many worlds, including the multiverse concept as it has arisen elsewhere in modern cosmology. A comprehensive introduction lays out the main arguments of the book, which provides a state-of-the-art guide to many worlds quantum theory and its problems. (shrink)

Michel Foucault's involvement with politics, both as an individual and a writer, has been much commented upon but until now has not been systematically reviewed. This is the first major introductory study of Michel Foucault as a political thinker. Jonathon Simons explores the importance of the political in all areas of Foucault's work and life, including important material only recently made available and the implications of various revelations about his private life. Simons relates Foucault's work both to contemporary (...) political thinkers such as Michael Walzer, Charles Taylor and Jurgen Habermas, and to those challenging conventional political categories, especially people who write on feminist and gay theory, such as Judith Butler. Students of Foucault and of political and social theory, as well as those working in lesbian and gay theory, and feminist studies, will find this book essential. (shrink)

Precautionary Criminalisation in an Age of Vulnerable Autonomy Content Type Journal Article Category Book Review Pages 1-3 DOI 10.1007/s11572-012-9142-4 Authors Jonathan Simon, Adrian A Kragen Professor of Law, University of California, Berkeley, CA, USA Journal Criminal Law and Philosophy Online ISSN 1871-9805 Print ISSN 1871-9791.

I argue that there can be no such thing as a borderline case of the predicate ‘phenomenally conscious’: for any given creature at any given time, it cannot be vague whether that creature is phenomenally conscious at that time. I first defend the Positive Characterization Thesis, which says that for any borderline case of any predicate there is a positive characterization of that case that can show any sufficiently competent speaker what makes it a borderline case. I then appeal to (...) the familiar claim that zombies are conceivable, and I argue that this claim entails that there can be no positive characterizations of borderline cases of ‘phenomenally conscious’. By the Positive Characterization Thesis, it follows that ‘phenomenally conscious’ can not have any borderline cases. (shrink)

The economic theory of contract is being reshaped in ways which resonate with the findings of socio-legal contract scholars and of industrial economists and sociologists in the Marshallian tradition, who emphasise the 'embeddedness' of organizations within their social and cultural environment. Contractual co-operation is seen as depending on institutional factors which serve to enhance 'trust', and arrangements which in the past were criticized as the product of collusion are being reassessed as potentially efficient responses to market failure. An active debate (...) has begun on how instruments of public policy can best be deployed to arrive at an effective balance between co-operation and competition. This affects both the competitiveness of private sector organizations and the success of deregulatory reforms in the public sphere. These issues are explored within four main areas: developments in private-sector contracting; contract and organization in the public sector; the economics of contract law; and competitiveness and competition policy. (shrink)

Three experiments investigated the effect of rarity on people's selection and interpretation of data in a variant of the pseudodiagnosticity task. For familiar (Experiment 1) but not for arbitrary (Experiment 3) materials, participants were more likely to select evidence so as to complete a likelihood ratio when the initial evidence they received was a single likelihood concerning a rare feature. This rarity effect with familiar materials was replicated in Experiment 2 where it was shown that participants were relatively insensitive to (...) explicit manipulations of the likely diagnosticity of rare evidence. In contrast to the effects for data selection, there was an effect of rarity on confidence ratings after receipt of a single likelihood for arbitrary but not for familiar materials. It is suggested that selecting diagnostic evidence necessitates explicit consideration of the alternative hypothesis and that consideration of the possible consequences of the evidence for the alternative weakens the rarity effect in confidence ratings. Paradoxically, although rarity effects in evidence selection and confidence ratings are in the spirit of Bayesian reasoning, the effect on confidence ratings appears to rely on participants thinking less about the alternative hypothesis. (shrink)

Malcolm Feeley, one of the founding giants of the law and society field, is also one of its most exciting, diverse, and contemporary scholars. His works have examined criminal courts, prison reform, the legal profession, legal professionalism, and a variety of other important topics of enduring theoretical interest with a keen eye for the practical implications. In this volume, The Legal Process and the Promise of Justice, an eminent group of contemporary law and society scholars offer fresh and original analyzes (...) of his work. They asses the legacy of Feeley's theoretical innovations, put his findings to the test of time, and provide provocative historical and international perspectives for his insights. This collection of original essays not only draws attention to Professor Feeley's seminal writings but also to the theories and ideas of others who, inspired by Feeley, have explored how courts and the legal process really work to provide a promise of justice. (shrink)

Analytic Philosophy, Volume 62, Issue 3, Page 201-222, September 2021.

This article seeks to develop the Marxist conception of social structure by incorporating developments within critical realist philosophy. It rejects forms of economic determinism such as the base-superstructure model and those reconstructions—like Cohen’s—that attribute primacy to productive forces in explaining history and society. It argues instead that society is the product of complex, often contradictory combinations of many different structures and mechanisms. They form a structural ensemble, hierarchically arranged, but where each element has its own dynamics and emergent powers. It (...) concludes that society is best understood through critical realist conceptions of stratification, emergence, transformation, and overdetermination. (shrink)

This paper is a fresh attempt to articulate the role of a theory of truthmakers. We argue that truthmaker theory constitutes a cornerstone of good methodology in metaphysics, but that a conflation of truthmaker theory with the theory of truth has been responsible for certain excesses associated with truthmaker-based approaches in the recent literature. If truthmaker theory is not a component of a theory of truth, then truthmaker maximalism – the view that every truth has a truthmaker – loses its (...) primary motivation. More generally, if the task of truthmaker theory is not to provide a definition or account of truth in truthmaker terms, there is no pressing need for hard, a priori principles stating which truths have truthmakers and which do not. (shrink)

Theodore Sider has recently produced an argument which he takes to show that three-dimensionalism is incompatible with the possibility of time travel. I wish to argue that there is indeed a problem for the three-dimensionalist who wishes to countenance time travel, but that Sider has misdiagnosed it. I show why his putative challenge fails, and furthermore that if it were to succeed this would be as problematic for a wide class of four-dimensionalist positions, including Sider’s own, as it would be (...) for three-dimensionalism. Finally, I present the problem that the possibility of time travel genuinely poses for the three-dimensionalist. (shrink)

General Practitioners (GPs) and allied healthcare professionals working in primary care are regularly required to make decisions with, for and on behalf of patients who lack capacity. In England and Wales, these decisions are made for incapacitated adult patients under the Mental Capacity Act 2005, which primarily requires that decisions are made in the patient’s ‘best interests’. Regarding children, decisions are also made in their best interests but are done so under the Children Act 1989, which places paramount importance on (...) the welfare of the child. Decisions for children are usually made by parents, but a GP may become involved if he or she feels a parent is not acting in the best interests of the child. Internationally, including elsewhere in the UK, different approaches are taken. We hypothesise that, despite the legislation and professional guidelines, there are many different approaches taken by GPs and allied healthcare professionals in England and Wales when making these complex decisions with, for and on behalf of patients who lack capacity. To better understand what is known about how these decisions are made, we plan to undertake a scoping review and directed content analysis of the literature. While the majority of decisions made in primary care are made by GPs, for completeness, this review will include all allied healthcare professionals working in primary care. (shrink)

We report the results of three experiments designed to assess the role of suppositions in human reasoning. Theories of reasoning based on formal rules propose that the ability to make suppositions is central to deductive reasoning. Our first experiment compared two types of problem that could be solved by a suppositional strategy. Our results showed no difference in difficulty between problems requiring affirmative or negative suppositions and very low logical solution rates throughout. Further analysis of the error data showed a (...) pattern of responses, which suggested that participants reason from a superficial representation of the premises in these arguments and this drives their choice of conclusion. Our second experiment employed a different set of suppositional problems but with extremely similar proofs in terms of the rules applied and number of inferential steps required. As predicted by our interpretation of reasoning strategies employed in Experiment 1, logical performance was very much higher on these problems. Our third experiment showed that problems that could be solved by constructing an initial representation of the premises were easier than problems in which this representation was not sufficient. This effect was independent of the suppositional structure of the problems. We discuss the implications of this research for theories of reasoning based on mental models and inference rules. (shrink)

There has always been an intimate and complex relationship between the diagnosis of a disease and its treatment. The approach dubbed theranostics aims to combine diagnostic techniques with therapeutic ones by deploying the same molecule in two roles, exploiting the specificity of its function to render disease treatment more effective. Does this technical development have the potential to change our conception of disease diagnosis? With the treatment approach so intimately linked to the diagnostic tool, might it be possible to treat (...) a disease without having first made an independent clinical or laboratory diagnosis? Here we discuss medical diagnosis, arguing for three categories of diagnosis, before presenting an example of a theranostic approach using radioactive prostate-specific membrane antigen ligands. This example allows us to envision a form of theranostic agent that would be able to diagnose a cancer, for example, and engage directly in its treatment, opening up the possibility of treating patients at risk of developing this cancer without any other clinical diagnostic steps. Would it be a problem if these approaches eventually became independent of any specialist clinical diagnostic supervision? If a theranostic technique is shown to work, following its own logic, do we still need an independent ‘traditional’ diagnosis prior to its use? We argue that such a diagnosis would no longer be necessary provided certain conditions are fulfilled. (shrink)

Ursula Klein and E. C. Spary : Materials and expertise in early modern Europe: Between market and laboratory. Chicago: University of Chicago Press, 2010, 408pp, $50 HB Content Type Journal Article DOI 10.1007/s11016-010-9462-8 Authors Jonathan Simon, LEPS-LIRDHIST, Université Lyon 1, Université de Lyon, 69622 Villeurbanne cedex, France Journal Metascience Online ISSN 1467-9981 Print ISSN 0815-0796.

The central hypothesis of the collaboration between Language and Computing (L&C) and the Institute for Formal Ontology and Medical Information Science (IFOMIS) is that the methodology and conceptual rigor of a philosophically inspired formal ontology greatly benefits application ontologies. To this end r®, L&C’s ontology, which is designed to integrate and reason across various external databases simultaneously, has been submitted to the conceptual demands of IFOMIS’s Basic Formal Ontology (BFO). With this project we aim to move beyond the level of (...) controlled vocabularies to yield an ontology with the ability to support reasoning applications. Our general procedure has been the implementation of a meta-ontological definition space in which the definitions of all the concepts and relations in LinKBase® are standardized in a framework of first-order logic. In this paper we describe how this standardization has already led to an improvement in the LinKBase® structure that allows for a greater degree of internal coherence than ever before possible. We then show the use of this philosophical standardization for the purpose of mapping external databases to one another, using LinKBase® as translation hub, with a greater degree of success than possible hitherto. We demonstrate how this offers a genuine advance over other application ontologies that have not submitted themselves to the demands of philosophical scrutiny. LinKBase® is one of the world’s largest applications-oriented medical domain ontologies, and BFO is one of the world’s first philosophically driven reference ontologies. The collaboration of the two thus initiates a new phase in the quest to solve the so-called “Tower of Babel”. (shrink)

What was the impact of Lavoisier's new elementary chemical analysis on the conception and practice of chemistry in the vegetable kingdom at the end of the eighteenth century? I examine how this elementary analysis relates both to more traditional plant analysis and to philosophical and mathematical concepts of analysis current in the Enlightenment. Thus I explore the relationship between algebra, Condillac's philosophy and Lavoisier's chemical system, as well as comparing Lavoisier's analytical approach to those of his predecessors, such as Baumé (...) and Bucquet. With reference to the aims of vegetable analysis, I show how the dominance of elementary analysis devalued a tradition that sought to isolate immediate principles , marginalizing the chemical practices of many doctors and pharmacists in the context of the new chemistry in France. (shrink)

This article argues that in the ordinary course of events, most parents routinely practice “reproductive teleology” in that they attempt to manipulate the physical and psychological characteristics of children, and they do so as part of the process of good parenting. Furthermore, such attempts are socially approved of and encouraged. With these two considerations in mind, it is argued that common objections to technological interventions, especially with respect to designer babies— based on the grounds that such processes would promote despotic (...) parenting, deny children an open future, and interfere with the designed child's sense of self—should be seen in the context of reproductive teleology. The implications of this argument encourage an orientation toward the salience of social pressures that promote reproductive teleology. (shrink)

In the first Critique, Kant claims to refute Moses Mendelssohn’s argument for the immortality of the soul. But some commentators, following Bennett (1974), have identified an apparent problem in the exchange: Mendelssohn appears to have overlooked the possibility that the “leap” between existence and non-existence might be a boundary or limit point in a continuous series, and Kant appears not to have exploited the lacuna, but to have instead offered an irrelevant criticism. Here, we argue that even if these commentators (...) are correct, an argument against the leap-as-limit possibility is implicit in claims that Mendelssohn accepts. Moreover, Kant’s criticism of Mendelssohn adapts naturally into a response to this argument, though Mendelssohn endorses further claims which enable him to address this Kantian response. To illustrate the philosophical issues in play, we conclude by noting the affinity between the Mendelssohnian argument we develop and several prominent arguments in contemporary metaphysics: David Lewis’s argument from vagueness for unrestricted composition, Ted Sider’s argument from vagueness for perdurantism, and Peter Unger’s argument from the problem of the many for substance dualism. In short, we argue that the philosophical issues involved in the Mendelssohn-Kant exchange are much richer than previous commentators have believed, and that there is a Mendelssohnian argument for the immortality of the soul (or anyway, the permanence of simples) that does not suffer from any obvious flaw. (shrink)

This paper argues that the convention of allocating donated gametes on a ‘first come, first served’ basis should be replaced with an allocation system that takes into account more morally relevant criteria than waiting time. This conclusion was developed using an empirical bioethics methodology, which involved a study of the views of 18 staff members from seven U.K. fertility clinics, and 20 academics, policy-makers, representatives of patient groups, and other relevant professionals, on the allocation of donated sperm and eggs. Against (...) these views, we consider some nuanced ways of including criteria in a points allocation system. We argue that such a system is more ethically robust than ‘first come, first served’, but we acknowledge that our results suggest that a points system will meet with resistance from those working in the field. We conclude that criteria such as a patient's age, potentially damaging substance use, and parental status should be used to allocate points and determine which patients receive treatment and in what order. These and other factors should be applied according to how they bear on considerations like child welfare, patient welfare, and the effectiveness of the proposed treatment. (shrink)

No piece of the present conjuncture is more alarming than the explosive growth of the American prison population since the late 1970s. The prison has been a critical element of American government since the early 19th century, but the mentalities of rule and the technologies of power linked to the prison, have changed several times during that history. Building more prison cells, therefore, does not have the same constancy of meaning that building more tanks or more strategic bombers does. While (...) the prison has played a crucial role in construction of successful political orders since the American Revolution, its role at present is unprecedented. In the current era of the neo_liberal, neo_conservative, post_New Deal state, which we can call for shorthand, the "Carceral State," the prison has become the very meaning of sovereignty: a steel leviathan in which an increasingly hollowed out version of the state comes to rest with brutal force on selected parts of the population. (shrink)

Contemporary discussions of the relationship between negligence liability and the provision of services by both public and private organizations frequently suggest the emergence of a ‘compensation culture’. Despite empirical evidence that compensation culture claims are somewhat inflated, an anxiety persists that risks of tortious liability may still undermine the implementation of public policy. Concerns about the potential negative effects of liability on public administration frame the problem in various ways. First, there is an anxiety that public authorities may overreact to (...) liability risks by becoming excessively risk averse. Secondly, there is a fear that compensation claiming will divert financial resources away from service delivery and towards the payment of insurance premiums and compensation awards. Thirdly, there is the fear that insurance companies will, as ‘risk bullies’, curtail public service activities. And, finally, there is the suggestion that risk management, including legal risk management, is becoming the dominant mode of government decision-making to the exclusion of professional judgement. This article addresses these concerns through a set of empirical case studies about the management of liability risks associated with road maintenance services. Although our findings suggest that public authorities respond to liability risks in a variety of ways, we found only limited evidence of the above concerns. In general terms, it was a case of public authorities being risk aware and responsive as opposed to risk averse. (shrink)

This dissertation reassesses the chemical revolution that occurred in eighteenth-century France from the pharmacists' perspective. I use French pharmacy to place the event in historical context, understanding this revolution as constituted by more than simply a change in theory. The consolidation of a new scientific community of chemists, professing an importantly changed science of chemistry, is elucidated by examining the changing relationship between the communities of pharmacists and chemists across the eighteenth century. This entails an understanding of the chemical revolution (...) that takes into account social and institutional transformations as well as theoretical change, and hence incorporates the reforms brought about during and after the French Revolution. First, I examine the social rise of philosophical chemistry as a scientific pursuit increasingly independent of its practical applications, including pharmacy, and then relate this to the theoretical change brought about by Lavoisier and his oxygenic system of chemistry. Then, I consider the institutional reforms that placed Lavoisier's chemistry in French higher education. ;During the seventeenth century, chemistry was intimately entwined with pharmacy, and chemical manipulations were primarily intended to enhance the medicinal properties of a substance. An independent philosophical chemistry gained ground during the eighteenth century, and this development culminated in the work of Lavoisier who cast pharmacy out of his chemistry altogether. Fourcroy, one of Lavoisier's disciples, brought the new chemistry to the pharmacists in both his textbooks and his legislation. Under Napoleon, Fourcroy instituted a new system of education for pharmacists that placed a premium on formal scientific education. Fourcroy's successors, Vauquelin and Bouillon-Lagrange, taught the new chemistry to the elite pharmacists in the School of Pharmacy in Paris. These pharmacists also developed new analytical techniques that combined the aims of the new chemistry with traditional pharmaceutical extractive practices. The scientific pharmacist was created, who, although a respected member of the community of pharmacists, helped to define the new chemistry precisely by not being a true chemist. (shrink)

The collaboration of Language and Computing nv (L&C) and the Institute for Formal Ontology and Medical Information Science (IFOMIS) is guided by the hypothesis that quality constraints on ontologies for software ap-plication purposes closely parallel the constraints salient to the design of sound philosophical theories. The extent of this parallel has been poorly appreciated in the informatics community, and it turns out that importing the benefits of phi-losophical insight and methodology into application domains yields a variety of improvements. L&C’s LinKBase® (...) is one of the world’s largest medical domain ontologies. Its current primary use pertains to natural language processing ap-plications, but it also supports intelligent navigation through a range of struc-tured medical and bioinformatics information resources, such as SNOMED-CT, Swiss-Prot, and the Gene Ontology (GO). In this report we discuss how and why philosophical methods improve both the internal coherence of LinKBase®, and its capacity to serve as a translation hub, improving the interoperability of the ontologies through which it navigates. (shrink)