Ethical decision-making is inherent in nursing practice. Although a definite portion of the nursing literature is devoted to ethics and ethical decision-making, the profession is just beginning to ground its ethics research in the actual experience of nurses. Therefore, the purpose of this phenomenological study was to examine the experience of staff nurses as they engage in ethical decision-making. Interview data were collected from 19 staff nurses in a large, midwestern American metropolitan hospital. Interviews were subse quently transcribed and Giorgi's (...) method of data analysis applied. The emerging descrip tion revealed four common aspects of ethical decision-making among staff nurses: context, trigger, ethical decision-making process (i.e. deliberation and integration), and outcomes. This description provides a foundation for future research regarding a descrip tive theory of ethical decision-making in nursing. (shrink)

Despite an abundance of theoretical literature on virtue ethics in nursing and health care, very little research has been carried out to support or refute the claims made. One such claim is that ethical nursing is what happens when a good nurse does the right thing. The purpose of this descriptive, qualitative study was therefore to examine nurses’ perceptions of what it means to be a good nurse and to do the right thing. Fifty-three nurses responded to two open-ended questions: (...) (1) a good nurse is one who...; and (2) how does a nurse go about doing the right thing? Three hundred and thirty-one data units were analysed using qualitative content analysis. Seven categories emerged: personal characteristics, professional characteristics, patient centredness, advocacy, competence, critical thinking and patient care. Participants viewed ethical nursing as a complex endeavour in which a variety of decision-making frameworks are used. Consistent with virtue ethics, high value was placed on both intuitive and analytical personal attributes that nurses bring into nursing by virtue of the persons they are. Further investigation is needed to determine just who the ‘good nurse’ is, and the nursing practice and education implications associated with this concept. (shrink)

The epidemic of human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS) has led to many ethical problems. Most studies have focused on the ethical issues faced by nurses who provide care to persons with AIDS (PWA), rather than the ethical issues faced by PWAs themselves. The purpose of this study, therefore, was to explore the ethical issues faced by five HIV/AIDS-infected African-American women. An analysis of interview data revealed that these women deal with four broad categories of ethical issues: (...) diagnosis; disclosure; treatment by, and of, others; and future pregnancies. The results of this study provide an initial description of the ethical issues faced by HIV/AIDS-infected African-American women, and begin to lay the foundation necessary for nurses appropriately to facilitate and support their decisions. (shrink)

This open access casebook addresses complex and important ethical challenges arising when health-related research in conducted in the context of epidemics and pandemics. This book provides contextually-rich real-world case studies illustrating research ethics issues encountered by researchers, ethics reviewers and regulators around the globe during the COVID-19 pandemic. The accompanying commentaries outline relevant conceptual approaches and ethical considerations. These promote understanding and reflection on relevant ethical issues, ethical approaches and competing considerations in a manner supporting thoughtful evaluation of their implications (...) for practice. As such the casebook is relevant to academic and professional audiences with an interest in global health, research ethics, and outbreaks and epidemics. (shrink)

Book IV of Adam Smith's Wealth of Nations concerns two rival economic theories, Mercantilism and Physiocracy. The latter, François Quesnay's system, occupies only the ninth and final chapter, and it begins with a stunning dismissal. Yet, fifteen pages later, Smith praises this theory to the skies. That cries out for explanation. Like Mercantilism, Smith's system emphasizes commerce, whereas Quesnay's is confined to agriculture. But like Physiocracy, Smith's system is built on individual liberty, whereas Mercantilism is one (...) of government control. Despite his initial put-down, Smith is naturally inclined more toward Quesnay's philosophy. And the main thesis of my paper is to suggest one reason for this that has not previously been brought to light, and that can explain Smith's extravagant praise for it. Quesnay employs a Newtonian scientific method different from the one emphasized in Smith's early ‘Astronomy’ treatise, a method Smith first prominently introduced a decade after his meetings with Quesnay, in Wealth of Nations and Smith's eulogy for Hume, and in the sixth edition of his Theory of Moral Sentiments. (shrink)

Jacob Viner introduced the term ‘sub-rational’ to characterize the faculties – human instinct, sentiment and intuition – that fall between animal instinct and full-blown reason. The Scots considered sympathy both an affective and a physiological link between mind and body, and by natural history, they traced the most foundational societal institutions – language and law, money and property – to a sub-rational origin. Their ‘social evolutionism’ anticipated Darwin's ‘dangerous idea’ that humans differ from the lower animals only in degree, not (...) in kind. Darwin had the ability to ‘trade places in the imagination’, as Adam Smith would say, with plants and animals, and ‘think’ as they do. The trend today is to ‘positivize,’ ‘behaviorize’ and otherwise reduce the sub-rational to the purely biological. My suggestion is that we trade places in the imagination with the Scottish moral scientists and Darwin, and try thinking as they did. (shrink)

Building on work by Popper, Schweber, Nozick, Sober, and others in a still-growing literature, I explore here the conceptual kinship between Adam Smith''s ''invisible hand'' and Darwinian natural selection. I review the historical ties, and examine Ullman -Margalit''s ''constraints'' on invisible-hand accounts, which I later re-apply to natural selection, bringing home the close relationship. These theories share a ''parent'' principle, itself neither biological no politico-economic, that collective order and well-being can emerge parsimoniously from the dispersed action of individuals. The (...) invisible hand operates on ''memes'' the way natural selection operates on genes. Like Darwin''s concept, it brings together traditional opposites, ''nature'' and ''selection,'' forming a saltation-mitigating transition between biological instinct and full-blown conscious design. Herschel''s criterion of confirmation, which Darwin long strove to satisfy, is itself an invisible hand-like meme – a ''Midas effect'' revealing and rewarding the fittest theories, Darwin''s and Smith''s emphatically among them. (shrink)

The Scientific Revolution spawned not just one methodology, but two. We have emphasized Bacon's inductivism at the expense of Galileo's more abstract, sophisticated method of successive approximation, and so have failed to appreciate Galileo's contribution to the ceteris paribus problem in philosophy of science. My purpose here is to help redress this imbalance. I first briefly review the old unsolved problems, and then point out the Baconian basis of ceteris paribus, as this clause is conventionally understood, and its history from (...) Aristotle to twentieth century Positivism. Then I explore Galileo's method of dealing with unwanted impediments, and the more general problem of 'accidents.' I trace his methodology back to Archimedes and forward through the economic theories of Adam Smith (18th century), J. S. Mill (19th) and Milton Friedman (20th). Finally, I point out ways in which I think Galileo's scientific method sheds light on, and provides a partial solution to, the ceteris paribus problem. (shrink)

Steven Vogel’s Thinking like a Mall, which continues themes developed in his previous work Against Nature: The Concept of Nature in Critical Theory, is clearly intended to provok...

There are a number of relevant alternatives accounts of knowledge in the literature, including those by contextualists (like Lewis and Cohen), and invariantists (like Dretske). Despite widespread discussion of such views, an explication of the notion of relevance is conspicuously absent from the literature. Without a careful explication of that notion, relevant alternatives accounts resist evaluation. This paper attempts to aid in the evaluation of those accounts, by providing an account of relevance. The account rejects two common presuppositions about the (...) notion of relevance. The account holds that worlds, rather than alternatives, are relevant, and that distant worlds can be relevant. Relevant worlds turn out to be those worlds at which an alternative to one’s belief obtains, and is such that one’s epistemic position (with respect to what one believes at the actual world) is worse than it is at the actual world. (shrink)

This paper is a cross-cultural examination of the development of hunting skills and the implications for the debate on the role of learning in the evolution of human life history patterns. While life history theory has proven to be a powerful tool for understanding the evolution of the human life course, other schools, such as cultural transmission and social learning theory, also provide theoretical insights. These disparate theories are reviewed, and alternative and exclusive predictions are identified. This study of cross-cultural (...) regularities in how children learn hunting skills, based on the ethnographic literature on traditional hunters, complements existing empirical work and highlights future areas for investigation. (shrink)

Feminist analyses of gender concepts must avoid the inclusion problem, the fault of marginalizing or excluding some prima facie women. Sally Haslanger’s ‘ameliorative’ analysis of gender concepts seeks to do so by defining woman by reference to subordination. I argue that Haslanger’s analysis problematically marginalizes trans women, thereby failing to avoid the inclusion problem. I propose an improved ameliorative analysis that ensures the inclusion of trans women. This analysis yields ‘twin’ target concepts of woman, one concerning gender as class and (...) the other concerning gender as identity, both of which I hold to be equally necessary for feminist aims. (shrink)

Artificial intelligence and robotics have increasingly been adopted in agri-food systems—from milking robots to self-driving tractors. New projects extend these technologies in an effort to automate skilled work that has previously been considered dependent on human expertise due to its complexity. In this paper, we draw on qualitative research carried out with farm managers on apple orchards and winegrape vineyards in Aotearoa New Zealand. We investigate how agricultural managers’ perceptions of future agricultural automation relates to their approach to expertise, or (...) the degree to which they think specialised skills and knowledge are required to perform agricultural work on their orchards and vineyards. Our research generates two insights: the perceived potential for work to be automated is related to the degree to which it is seen to require technical or embodied expertise, with technical expertise being more automatable; and, while embodied expertise is perceived to be more difficult to automate, it is sometimes attributed more exclusively to those in positions of power, such that embodied expertise can be highly valued while the majority of embodied work is viewed as non-expert and thus automatable. Our analysis illustrates that a robot can be an expert when expertise is technical. It also shows variability in the conceptualization of skilled or unskilled work, and that those conceptualizations can set the stage for the future effects of new technologies. This generates new insights into the conditions under which automation might reproduce existing inequalities in agriculture, and also raises new questions about responsibility in the context of automation. (shrink)

Contemporary feminist critics have often described Surrealism as a misogynist movement. In Automatic Woman, Katharine Conley addresses this issue, confirming some feminist allegations while qualifying and overturning others. Through insightfuløanalyses of works by a range of writers and artists, Conley develops a complex view of Surrealist portrayals of Woman. Conley begins with a discussion of the composite image of Woman developed by such early male Surrealists as Andrä Breton, Francis Picabia, and Paul Eluard. She labels that image ?Automatic Woman??a (...) term that comprises views of Woman as provocative and revolutionary but also as a depersonalized object largely devoid of individuality and volition. This analysis largely confirms feminist critiques of Surrealism. The heart of the book, however, examines the writings of Leonora Carrington and Unica Z_rn, two women in the Surrealist movement whose works, Conley argues, anticipate much contemporary feminist art and theory. In concluding, Conley shows how Breton?s own views on women evolved in the course of his long career, arriving at last at a position far more congenial to contemporary feminists. Automatic Woman is distinguished by Katharine Conley?s judicious understanding of how women?and the image of Woman?figured in Surrealism. The book is an important contemporary account of a cultural movement that continues to fascinate, influence, and provoke us. (shrink)

How (Not) to Be Secular is what Jamie Smith calls "your hitchhiker's guide to the present" -- it is both a reading guide to Charles Taylor's monumental work A Secular Age and philosophical guidance on how we might learn to live in our times. Taylor's landmark book A Secular Age (2007) provides a monumental, incisive analysis of what it means to live in the post-Christian present -- a pluralist world of competing beliefs and growing unbelief. Jamie Smith's book (...) is a compact field guide to Taylor's insightful study of the secular, making that very significant but daunting work accessible to a wide array of readers. Even more, though, Smith's How (Not) to Be Secular is a practical philosophical guidebook, a kind of how-to manual on how to live in our secular age. It ultimately offers us an adventure in self-understanding and maps out a way to get our bearings in today's secular culture, no matter who "we" are -- whether believers or skeptics, devout or doubting, self-assured or puzzled and confused. This is a book for any thinking person to chew on. (shrink)

This article presents two studies that examine cause-related marketing promotions that require consumers’ active participation. Requiring a follow-up behavior has very valuable implications for maximizing marketing expenditures and customer relationship management. Theories related to ethical behavior, like motivated reasoning and defensive denial, are used to explain when and why consumers respond negatively to these effort demands. The first study finds that consumers rationalize not participating in CRM by devaluing the sponsored cause. The second study identifies a tactic marketers can utilize (...) to neutralize consumers’ use of defensive denial. Allowing the consumer to choose the sponsored cause seems to effectively refocus their attention and increases consumers’ threshold for campaign requirements. Implications for nonprofits and marketing managers include a tendency for consumers to be more likely to perceive a firm as ethical and socially responsible when they are allowed to choose the specific cause that is supported. (shrink)

Prologue, invitation to thinking about God In the Hebrew Bible? -- Part I, questions about God? -- Why does God in the Bible have a body? -- What do God's body parts in the Bible mean? -- Why is God angry in the Bible? -- Does God in the Bible have gender or sexuality? -- Part II, questions about God in the world? -- What can creation tell us about God? -- Who-or what-is the Satan? -- Why do people suffer (...) according to the Hebrew Bible? -- Epilogue, God in the Bible and beyond. (shrink)

The Descartes Dictionary is an accessible guide to the world of the seventeenth-century philosopher René Descartes. Meticulously researched and extensively cross-referenced, this unique book covers all his major works, ideas and influences, and provides a firm grounding in the central themes of Descartes' thought. The introduction provides a biographical sketch, a brief account of Descartes' philosophical works, and a summary of the current state of Cartesian studies, discussing trends in research over the past four decades. The A-Z entries include clear (...) definitions of the key terms used in Descartes' writings and detailed synopses of his works. Also included are entries noting philosophical influences, of both figures that influenced Descartes and those that he in turn influenced. For anyone reading or studying Descartes, rationalism, or modern philosophy more generally, this original resource provides a wealth of useful information, analysis, and criticism. Including clear explanations of often complex terminology, The Descartes Dictionary covers everything that is essential to a sound understanding of Descartes' philosophy. (shrink)

In this article, I identify a distinctive form of injustice—ontic injustice—in which an individual is wronged by the very fact of being socially constructed as a member of a certain social kind. To be a member of a certain social kind is, at least in part, to be subject to certain social constraints and enablements, and these constraints and enablements can be wrongful to the individual who is subjected to them, in the sense that they inflict a moral injury. The (...) concept of ontic injustice is valuable in three main ways: it draws our attention to the role played by social kinds in enacting wrongful constraints and enablements; it clarifies our options for developing accounts of the ontology of particular social kinds, such as gender kinds; and, along with the related concept of ‘ontic oppression’, it helps us to understand and respond to oppression. (shrink)

What is unique about the development of business ethics in the USA, and how does it compare with various countries of Europe and with Japan? Institutional, legal, social and cultural factors are identified by the Professor of Business and Public Policy at the Haas School of Business, University of California at Berkeley. An earlier version of this article titled “The Globalization of Business Ethics: Why America Remains Distinctive” was published in the Fall 1992 issue of the California Management Review, Vol. (...) 35, No. 1. Reprinted by Permission of The Regents of the University of California. (shrink)

In this paper I develop a systemic discrimination approach to defining a narrowly construed category of ‘hate speech’, as speech that harms to a sufficient degree to warrant government regulation. This is important due to the lack of definitional clarity, and the extraordinarily wide usage, of the term. This article extends current literature on how hate speech can harm by identifying under what circumstances speakers have the capacity to harm, and under what circumstances targets are vulnerable to harm. It also (...) shows how the capacity to harm can be mobile and involve the construction of new targets. Finally, it bridges the gap between conceptual understandings of hate speech and policy designed to regulate it. (shrink)

The way society is organised means that we all get made into members of various types of people, such as judges, wives, or women. These ‘human social kinds’ may be brought into being by oppressive social arrangements, and people may suffer oppression in virtue of being made into a member of a certain human social kind. This book argues that we should pay attention to the ways in which the very fact of being made into a member of a certain (...) human social kind can be oppressive in and of itself. For example, someone who becomes a wife under circumstances where husbands have unjust powers over their wives has suffered a wrong, even if her husband never in fact exercises these powers. The book argues that social movements against racial and gendered oppression, including efforts to advance trans liberation, must get to grips with this phenomenon, and it supplies the conceptual tools needed to do so. The first tool is an analysis of this general form of wrong, termed ‘ontic injustice’. The second tool is an account of ‘ontic oppression’, a particular kind of ontic injustice in which the wrong amounts to a form of oppression, in the sense of being structural and pervasive. The third tool is a pluralist account of race and gender kinds, according to which there is no single social kind that corresponds to a gender category such as ‘woman’, but, rather, there are various different social kinds, each of which is explanatory for different purposes. (shrink)

In this paper I develop a systemic discrimination approach to defining a narrowly construed category of ‘hate speech’, as speech that harms to a sufficient degree to warrant government regulation. This is important due to the lack of definitional clarity, and the extraordinarily wide usage, of the term. This article extends current literature on how hate speech can harm by identifying under what circumstances speakers have the capacity to harm, and under what circumstances targets are vulnerable to harm. It also (...) shows how the capacity to harm can be mobile and involve the construction of new targets. Finally, it bridges the gap between conceptual understandings of hate speech and policy designed to regulate it. (shrink)

Although the concept of gender identity plays a prominent role in campaigns for trans rights, it is not well understood, and common definitions suffer from a problematic circularity. This paper undertakes an ameliorative inquiry into the concept of gender identity, taking as a starting point the ways in which trans rights movements seek to use the concept. First, I set out six desiderata that a target concept of gender identity should meet. I then consider three analytic accounts of gender identity: (...) the dispositional account, the self-identification account, and the norm-relevancy account. I argue that only the norm-relevancy account can meet all six desiderata. Finally, I defend the norm-relevancy account from three objections: that it is cis-normative, that it has problematic implications regarding trans women, and that it entails that some people do not have the gender identity they take themselves to have. (shrink)

This article argues that rape myths and domestic abuse myths constitute hermeneutical injustices. Drawing on empirical research, I show that the prevalence of these myths makes victims of rape and of domestic abuse less likely to apply those terms to their experiences. Using Sally Haslanger's distinction between manifest and operative concepts, I argue that in these cases, myths mean that victims hold a problematic operative concept, or working understanding, which prevents them from identifying their experience as one of rape or (...) of domestic abuse. Since victims in this situation lack the conceptual resources needed to render their experience sufficiently intelligible, they are suffering a form of hermeneutical injustice. Attending to this distinctive case sheds new light not only on the functioning of social myths of this kind but on the nature of hermeneutical injustice itself, since the case of the victim who accepts myths is importantly different from other cases of hermeneutical injustice discussed in the literature to date. In practical terms, this analysis supports calls for juries in rape trials to be warned about rape myths at the start of the trial, and may have implications for calls for statutory Sex and Relationships Education in schools. (shrink)

Many kinds of health compromising norms, habits, and beliefs are highly resistant to change thereby preventing new knowledge about health maintenance from advancing widespread better health. Persons would be more responsive if they used a health ethic to harmonize personal behavior with health-maintaining practices. We argue that common sense morality includes a portion of a health ethic in the guise of responsibilities to maintain health as well as avoid self destruction. We discuss an example in which its application can retard (...) decline in older age that results from a sedentary lifestyle. (shrink)

This article discusses the relationship between the origins of the concept of post-normal science, its potential as a heuristic and the phenomenon of complex science entailed policy problems in late industrial societies. Drawing on arguments presented in the early works of Funtowicz and Ravetz, it is proposed that there is a fundamentally empirical character to the post-normal science call for democratizing expertise, which serves as an antidote to late industrial poisoning of the fairy tale ideal of a clean divide between (...) science and politics. Post-normal science extended-peer-review methodology is interpreted as a response to a crisis in the governance of science. Rather than viewing extended-peer-review processes as products of the post-normal science discourse, here the post-normal science discourse is understood to provide a heuristic lens through which existing complex science/society collaborations and conflicts can be better understood. Two different post-normal science situations—management of mega-contamination in Bitterfeld, Germany, and eviction of the Parakuiyo Maasai from the eastern wetlands of the Usangu plains of Tanzania—are presented and the implications of their de facto extended-peer-review structures are discussed, to illustrate this heuristic potential. (shrink)

This article suggests evidence for and reasons why prior acquisition may either facilitate or inhibit acquisition of a new construction. It investigates acquisition of the German passive and future constructions which contain a lexical verb with either the auxiliary sein “to be” or werden “to become”, and are related through these to potential supporting constructions. We predicted that a supported construction should be acquired earlier, faster, and unusually rapidly. An inhibited construction should show an extended depressed usage. We analyzed a (...) dense corpus of a German boy between 2;0 and 5;0. He acquired the sein- before the werden-passive. The former was supported by his prior acquisition of the sein copula, whereas the werden-passive itself supported one werden copula construction. He acquired the werden-future extremely slowly due to the hindrance of a semantically identical construction. These results fit with an emergentist approach in which apparently “sudden” acquisition is still due to gradual learning mechanisms. (shrink)

The idea that there exists a natural relationship between intellectual freedom, legitimate political authority and enjoyment of a dignified life was central to the European Enlightenment and to the...

Medical assistance in dying (MAiD) is scheduled to be legalized in Canada as of March 2024 for individuals with mental disorder/illness as their sole underlying medical condition (MAiD MD-SUMC). As guidelines are being developed for the safe and consistent provision of MAiD MD-SUMC, sufficient consideration must be given to the interpretation of ambiguous terminology in current legislation, and to ensuring sound use of acceptable ethics principles in these interpretations.

To investigate the metaphysics of gender categories—categories like “woman,” “genderqueer,” and “man”—is to ask questions about what gender categories are and how they exist. This chapter offers a pluralist account of the metaphysics of gender categories, according to which there are several different varieties of gender categories. I begin by giving a brief overview of some feminist accounts of the metaphysics of gender categories and illustrating how certain moral and political considerations have been in play in these discussions as constraints (...) on acceptable accounts of gender categories. I then present my pluralist account of gender categories and highlight some of its virtues. Finally, I assess how my pluralist account fares relative to the moral and political considerations identified earlier in the chapter. I argue that although the account does not fare well, we should in fact revise our understanding of what those considerations are and how they should constrain our accounts of gender categories. I then show that, on this revised understanding, my pluralist account emerges as a viable position. (shrink)

This article draws on ancient and medieval Jewish texts to explore the role of the physical environment in Jewish thought. Itsituates Jewish teachings in the context of the debate between anthropocentrism and ecocentrism, discusses the Jewish view ofnature, and reviews various interpretations of an important Biblical precept of environmental ethics. It argues that while Jewish thoughtcontains many "green" elements, it also contains a number of beliefs that challenge some contemporary environmental values.

This essay argues that Malebranche originated the model of sensitive taste in French thought, several decades before Du Bos. It examines the highly gendered, negative physiological model of taste and of the female mind which Malebranche developed within the Cartesian framework and as a witness to Parisian salon society in which women’s taste had great cultural influence, and strongly questions the common assumption that Cartesian substance dualism necessarily contained feminist potential. The essay argues for Malebranche’s great influence in this regard, (...) connecting him to later Enlightenment critics of women’s taste such as Rousseau, and to Vitalist physicians like Le Camus. -/- All rights reserved. Except for brief quotations used for purposes of scholarly citation, none of this work may be reproduced in any form by any means without written permission from the publisher. For information address the University of Pennsylvania Press, 3905 Spruce Street, Philadelphia, Pennsylvania 19104-4112. (shrink)

The term sustainability can be used so liberally within production industries that it becomes meaningless. There is also recognition that for sustainability to be a useful concept, it must be crafted for the context in which it is deployed. A paradox of sustainability, it seems, lies in the conflict between the practical adoptability and context specificity of programs paired with the need for significant change. One response for those grappling with this sustainability challenge has been to adopt flexible approaches to (...) sustainability through the development of technologies and governance processes that focus on benchmarking, monitoring and ongoing change, rather than hard limits and targets. In this paper we elaborate on this point by evaluating how sustainability programs in a transition context can be seen as deliberative platforms and thus actors in governance processes. Through an analysis of the development of a sustainability program deployed in the wine industry in New Zealand, we argue that a widely adopted and clearly defined program can be an asset to democratic environmental governance, if viewed as a shared project. Drawing on interviews with key personnel in the wine industry and reviews of industry literature and media, we suggest that substantiating sustainability can have benefits for environmental governance through the precipitation of distinction and dialogue. We conclude with some suggestions about how to encourage visionary forms of practice and engagement with sustainability programs in ways that can aid their democratic development and expand the reach of their goals. (shrink)

One challenge in providing an adequate definition of physical disability is unifying the heterogeneous bodily conditions that count as disabilities. We examine recent proposals by Elizabeth Barnes (2016), and Dana Howard and Sean Aas (2018), and show how this debate has reached an impasse. Barnes’ account struggles to deliver principled unification of the category of disability, whilst Howard and Aas’ account risks inappropriately sidelining the body. We argue that this impasse can be broken using a novel concept: marginalised functioning. Marginalised (...) functioning concerns the relationship between a person’s bodily capacities and their social world: specifically, their ability to function in line with the default norms about how people can typically physically function that influence the structuring of social space. We argue that attending to marginalised functioning allows us to develop, not one, but three different models of disability, all of which—whilst having different strengths and weaknesses—unify the category of disability without sidelining the body. (shrink)

Much of the most influential free speech scholarship emphasises that ‘political speech’ warrants the very highest standards of protection because of its centrality to self-governance. This central idea mitigates against efforts to justify the regulation of political speech and renders some egregiously offensive or harmful speech worthy of protection from a theoretical perspective. Yet paradoxically, in practice, in many liberal democracies such speech is routinely restricted. In this paper, I develop an argument that is compatible with both the argument from (...) democracy and the notion of political speech, and that can justify the regulation of hate speech, by joining an understanding of the constitutive role of speech in individuals’ lives derived from Nussbaum's capabilities theory with ideas of democratic deliberation and legitimation drawn from a Habermasian framework. This approach attends to the conditions required at an individual level for democratic legitimation to occur at a social level. It permits the development of a robust theoretical justification for the protection of a broad range of speech. It simultaneously provides a guiding framework for regulatory policy designed to ameliorate the effects of, and inhibit the expression of, that speech, which could imperil the conditions required for individuals to develop their own capabilities and which instantiates anti-democratic practice, and thus discourse, preventing the very communications required to perform democracy from being uttered. Thus, my argument also strengthens and transforms the argument from democracy as a justification for free speech protection more generally. (shrink)

Feminist jurisprudence is less a body of thought than a family of different perspectives or frameworks used to analyze the actual, and the desirable, relationship between law and gender. These frameworks are not mutually exclusive. Theorists work across their permeable boundaries, which cannot fully discipline the various modes of analysis in this maturing field. They provide a necessary, simplifying structure, however, for managing common themes and important points of divergence.

This essay studies the different literary genres of Proverbs 1–9, including how they might have emerged, what social contexts generated such texts in Israel and in Egypt, and what their function might have been. A theological context is seen to be integral to both of the main genres of instruction and poem, despite the clearly more educational emphasis of the instruction texts.

Here I consider the possible role of the temporal updating system in the development of the temporal reasoning system. Using evidence from children's acquisition of time words, I argue that abstract temporal concepts are not built from primitive representations of time. Instead, I propose that language and cultural learning provide the primary sources of the temporal reasoning system.

The terms ‘hate’ and ‘hatred’ are increasingly used to describe the rationale of a kind of anti-Western terrorist-extremist speech. This discursively links this kind of terrorist-extremist speech with the well-known concept of ‘hate speech’, a link that suggests the two phenomena are more alike than they are unlike. In this article I interrogate the similarities and differences between anti-Western terrorist-extremist speech and hate speech as they manifest in Western liberal democratic states along two axes: to whom the speech is addressed, (...) and how harm is occasioned. Relying on a combination of philosophical conceptions and public policy empirics, I demonstrate that there are significant differences between the two types of speech, especially in their mechanisms of harm. The implications of this analysis are that these differences should be better understood in order to respond appropriately to these two distinct types of harmful speech. (shrink)

This essay demonstrates how the early Enlightenment salonnière madame de Lambert advanced a novel feminist intellectual synthesis favoring women's taste and cognition, which hybridized Cartesian and honnête thought. Disputing recent interpretations of Enlightenment salonnières that emphasize the constraints of honnêteté on their thought, and those that see Lambert's feminism as misguided in emphasizing gendered sensibility, I analyze Lambert's approach as best serving her needs as an aristocratic woman within elite salon society, and show through contextualized analysis how she deployed honnêteté (...) towards feminist ends. Additionally, the analysis of Malebranche's, Poulain de la Barre's, and Lambert's arguments about the female mind's gendered embodiment illustrates that misrepresenting Cartesianism as necessarily liberatory for women, by reducing it to a rigid substance dualism, erases from view its more complex implications for gender politics in the late seventeenth and early eighteenth centuries, especially in the honnête environment of the salons. (shrink)

Domination as opposed to what? Michel Foucault’s works on power and subject formation uncover the subtle ways in which disciplinary power structures create opportunities for domination. Yet Foucaul...