This is a compilation of extracts from instructive cases, as well as authoritative commentary, on the roles of language and ethics in law. The book touches on aspects of language and ethics, including professional responsibility, decision making, methods of perception, and concepts of reality.

The aim of this book is to lay bare the logical flaws in the arguments of those moral philosophers who believe they could make a positive contribution to moral thinking by means of linguistic analysis. By examining three contributions of Urmson, Hare and Toulmin the author shows that meta-ethics or ethics as a second-order activity is an ideal which is very difficult to attain, and if attainable at all would mean the end of ethics as a branch of philosophy.

The author considers maimonides' ethics in the context of the following problem: how can concepts be transmitted from one language to a radically different language? he examines how maimonides conveyed as well as transformed key greek moral concepts within rabbinic hebrew, Which has no words to translate literally such terms as 'virtue,' 'passion,' 'happiness,' or even 'ethics.' the one word found to be indispensable is that for 'ethics' in the original greek sense, I.E., 'character traits.' the author discusses (...) in some detail the significance of the term 'de'ah' (character trait) developed by maimonides to refer to "ethics." the point is made that just as a word for "nature" is necessary before there can be natural science, A word for "character traits" is necessary before there can be ethics. (edited). (shrink)

Suicide is devastating. It is an assault on our ideas of what living is about. In Contemplating Suicide Gavin Fairbairn takes fresh look at suicidal self harm. His view is distinctive in not emphasising external facts: the presence or absence of a corpse, along with evidence that the person who has become a corpse, intended to do so. It emphasises the intentions that the person had in acting, rather than the consequences that follow from those actions. Much of the book (...) is devoted to an attempt to construct a natural history of suicidal self harm and to examine some of the ethical issues that it raises. Fairbairn sets his philosophical reflections against a background of practical experience in the caring professions and uses a storytelling approach in offering a critique of the current language of self harm along with some new ways of thinking. Among other things he offers cogent reasons for abandoning the mindless use of terms such as attempted suicide and parasuicide , and introduces a number of new terms including cosmic roulette , which he uses to describe a family of human acts in which people gamble with their lives. By elaborating a richer model of suicidal self harm than most philosophers and most practitioners of caring professions currently inhabit, Fairbairn has contributed to the development of understanding in this area. Among other things a richer model and vocabulary may reduce the likelihood that those who come into contact with suicidal self harm, will believe that familiarity with the physical facts of the matter - the actions of the suicider and the presence or absence of a corpse - is always sufficient to justify a definite conclusion about the nature of the self harming act. (shrink)

Suicide is devastating. It is an assault on our ideas of what living is about. In Contemplating Suicide Gavin Fairbairn takes fresh look at suicidal self harm. His view is distinctive in not emphasising external facts: the presence or absence of a corpse, along with evidence that the person who has become a corpse, intended to do so. It emphasises the intentions that the person had in acting, rather than the consequences that follow from those actions. Much of the book (...) is devoted to an attempt to construct a natural history of suicidal self harm and to examine some of the ethical issues that it raises. Fairbairn sets his philosophical reflections against a background of practical experience in the caring professions and uses a storytelling approach in offering a critique of the current language of self harm along with some new ways of thinking. Among other things he offers cogent reasons for abandoning the mindless use of terms such as attempted suicide and parasuicide , and introduces a number of new terms including cosmic roulette , which he uses to describe a family of human acts in which people gamble with their lives. By elaborating a richer model of suicidal self harm than most philosophers and most practitioners of caring professions currently inhabit, Fairbairn has contributed to the development of understanding in this area. Among other things a richer model and vocabulary may reduce the likelihood that those who come into contact with suicidal self harm, will believe that familiarity with the physical facts of the matter - the actions of the suicider and the presence or absence of a corpse - is always sufficient to justify a definite conclusion about the nature of the self harming act. (shrink)

The A-theory of time states that there is an absolute fact of the matter about what events are, respectively, in the past, present and future. The B-theory says that all there is to temporality are the relations of earlier-than, later-than and simultaneous-with, and the past, present and future are merely relative.

This is the first work available in English which addresses Zhuangzi’s thought as a whole. It presents an interpretation of the Zhuangzi, a book in thirty-three chapters that is the most important collection of Daoist texts in early China. The author introduces a complex reading that shows the unity of Zhuangzi’s thought, in particular in his views of action, language, and ethics. By addressing methodological questions that arise in reading Zhuangzi, a hermeneutics is developed which makes understanding Zhuangzi’s religious (...) thought possible. A theoretical contribution to comparative philosophy and the cross-cultural study of religious traditions, the book serves as an introduction to Daoism for graduate students in religion, philosophy, and East Asian Studies. (shrink)

This is the first work available in English which addresses Zhuangzi’s thought as a whole. It presents an interpretation of the Zhuangzi, a book in thirty-three chapters that is the most important collection of Daoist texts in early China. The author introduces a complex reading that shows the unity of Zhuangzi’s thought, in particular in his views of action, language, and ethics. By addressing methodological questions that arise in reading Zhuangzi, a hermeneutics is developed which makes understanding Zhuangzi’s religious (...) thought possible. A theoretical contribution to comparative philosophy and the cross-cultural study of religious traditions, the book serves as an introduction to Daoism for graduate students in religion, philosophy, and East Asian Studies. (shrink)

J. L. Austin was one of the more influential British philosophers of his time, due to his rigorous thought, extraordinary personality, and innovative philosophical method. According to John Searle, he was both passionately loved and hated by his contemporaries. Like Socrates, he seemed to destroy all philosophical orthodoxy without presenting an alternative, equally comforting, orthodoxy. -/- Austin is best known for two major contributions to contemporary philosophy: first, his ‘linguistic phenomenology’, a peculiar method of philosophical analysis of the concepts and (...) ways of expression of everyday language; and second, speech act theory, the idea that every use of language carries a performative dimension (in the well-known slogan, “to say something is to do something”). Speech act theory has had consequences and import in research fields as diverse as philosophy of language, ethics, political philosophy, philosophy of law, linguistics, artificial intelligence and feminist philosophy. -/- This article describes Austin’s linguistic method and his speech act theory, and it describes the original contributions he made to epistemology and philosophy of action. It closes by focusing on two main developments of speech act theory─the dispute between conventionalism and intentionalism, and the debate on free speech, pornography, and censorship. (shrink)

This volume focuses on the interrelatedness of morality and language. Apart from explicit ethical statements, implicit NT moral language is analysed in three overlapping aspects based on the interpretation of concrete NT texts: an intratextual level (linguistic and analytic philosophical methods: syntactical form, style and logic), an textual and intertextual level (form criticism, discourse analysis) and an extratextual level (speech act analysis; rhetoric; reader-response criticism). With reference to analytical moral philosophy, the contributions address questions such as: Where does (...) the ethical quality of a statement come from? Which linguistic devices are used to express ethics in the NT writings? In which way does the genre of the text influence its ethical meaning? Which pre- and intertexts are part of the ethical statements, in which way does the text refer to them? Which ethical impact did and do texts have on their readers? Which linguistic and rhetorical style is used to meet the addressees? Why do we consider a text powerful or polemic? Can we speak of an implicit ethical subject in the text from a literary perspective? (shrink)

Autumn Fiester's “Neglected Ends: Clinical Ethics Consultation and the Prospects for Closure” (2015) demonstrates how a focus on recommendations in clinical ethics consultations (CECs) can fail to...

We will argue that Sartre’s failure and Beauvoir’s success in formulating a successful existential ethics lie in their distinct understandings of transcendence. Sartre’s struggle between transcendent consciousness and immanent body undermines being-in-the-world and being-with-others (what is, in Sartre’s language, only a being-for-others) as a way to enrich the self. Contra Sartre, Beauvoir’s notion of transcendence is an upsurge of being which originates in and necessitates bodily immanence. For Beauvoir, transcendence is to be gained only by revelling in immanence, a (...) gesture that puts oneself at risk toward the Other. This putting oneself at risk is, however, the only way to generate an authentic and no longer conflictual encounter with the Other. (shrink)

For 15 years, former assistant football coach Jerry Sandusky used his Penn State University perquisites to lure young and fatherless boys by offering them special access to one of the most revered football programs in the country. He repeatedly used the football locker room as a space to groom, molest, and rape his victims. In February 2001, an eye-witness alerted Penn State’s top leaders that Sandusky was caught sexually assaulting a young boy in the showers. Instead of taking swift action (...) against Sandusky, leaders began a cover-up that is considered one of the worst scandals in sports history. While public outcry has focused on the leaders’ silence, we focus on the talk that occurred within the organization by key personnel. Drawing from court documents and internal investigative reports, we examine two euphemism clusters that unfolded in the scandal. The first cluster comprises reporting euphemisms, in which personnel used coded language to report the assault up the chain of command. The second cluster comprises responding euphemisms, in which Penn State’s top leaders relied on an innocuous, but patently false, interpretation of earlier euphemisms as a decision-making framework to chart their course of action. We use this case to demonstrate how euphemistic language impairs ethical decision-making, particularly by framing meaning and visibility of acts, encouraging mindless processing of moral considerations, and providing a shield against psychological and material consequences. Further, we argue that euphemism may serve as a disguised retort to critical upward communication in organizations. (shrink)

In clinical practice, and in the medical literature, severe congenital malformations such as trisomy 18, anencephaly, and renal agenesis are frequently referred to as ‘lethal’ or as ‘incompatible with life’. However, there is no agreement about a definition of lethal malformations, nor which conditions should be included in this category. Review of outcomes for malformations commonly designated ‘lethal’ reveals that prolonged survival is possible, even if rare. This article analyses the concept of lethal malformations and compares it to the problematic (...) concept of ‘futility’. We recommend avoiding the term ‘lethal’ and suggest that counseling should focus on salient prognostic features instead. For conditions with a high chance of early death or profound impairment in survivors despite treatment, perinatal and neonatal palliative care would be ethical. However, active obstetric and neonatal management, if desired, may also sometimes be appropriate. (shrink)

I argue in this paper that Jim Mackenzie's critique of my recent work on religious and spiritual education fails on two main counts. First, his imputation to me of a confessional approach to religious education is simply misdirected, insofar as my previous papers are quite clearly concerned to sketch an alternative to both confessional and phenomenological approaches. Secondly, his attempt to reduce my ‘spiritual truths’ to moral and other claims turns on some question-begging decontextualisation of such judgements, as well as (...) upon demonstrable ambiguities in his use of the terms ‘moral’ and ‘soul’. In particular, I argue that the language of spirituality is indexed to an ‘ethics of redemption’ which is clearly distinguishable from any discourse of secular morality. (shrink)

I argue in this paper that Jim Mackenzie's critique of my recent work on religious and spiritual education fails on two main counts. First, his imputation to me of a confessional approach to religious education is simply misdirected, insofar as my previous papers are quite clearly concerned to sketch an alternative to both confessional and phenomenological approaches. Secondly, his attempt to reduce my ‘spiritual truths’ to moral and other claims turns on some question-begging decontextualisation of such judgements, as well as (...) upon demonstrable ambiguities in his use of the terms ‘moral’ and ‘soul’. In particular, I argue that the language of spirituality is indexed to an ‘ethics of redemption’ which is clearly distinguishable from any discourse of secular morality. (shrink)

1. Lying -- 2. The problem of what is said -- 3. What is said -- 4. Is lying worse than merely misleading? -- 5. Some interesting cases.

Transcripts of papers presented at a national seminar sponsored by Indian Council of Philosophical Research.

Bringing together ethnographic exposition with philosophical concepts and arguments and effectively transcending subdisciplinary boundaries between cultural and ...

Dramatization has been conceived by some Deleuze scholars as ‘dramatizing’ the mode of existence of a subject. This paper argues, on the contrary, dramatization involves the very creation of a viewpoint on the world. The ethical significance of dramatization is not the ability to ‘evaluate’ certain subjective modes of existence, but to produce ways of unfolding the world in which we do not ‘imprison’ others and in which multiple perspectives are allowed to unfold. Love is incapable of such a truly (...) ethical comportment, because the lover is always thrown back onto their own world, trapped within subjectivity, unable to see from two viewpoints at once. A world is most precisely a set of signs, a set of relationships between ‘things’ and ‘meanings’ ; therefore, in order to produce more ‘ethical’ worlds, worlds in which we do not ‘explicate’ or imprison ourselves and others too much, we must turn to art. Art is precisely a ‘unity’ in which multiple perspectives are allowed to unfold at their own rhythm. Language perfects this insofar as the creation of new modes of grammatical relation in writing is nothing more than the unification of a multiplicity of relationships between meaning and things. (shrink)

The papers collected in this volume exemplify some of the trends in current approaches to logic, language and computation. Written by authors with varied academic backgrounds, the contributions are intended for an interdisciplinary audience. The first part of this volume addresses issues relevant for multi-agent systems: reasoning with incomplete information, reasoning about knowledge and beliefs, and reasoning about games. Proofs as formal objects form the subject of Part II. Topics covered include: contributions on logical frameworks, linear logic, and different (...) approaches to formalized reasoning. Part III focuses on representations and formal methods in linguistic theory, addressing the areas of comparative and temporal expressions, modal subordination, and compositionality. (shrink)

Philosophy strives to give us a firmer hold on our concepts. But what about their hold on us? Why place ourselves under the sway of a concept and grant it the authority to shape our thought and conduct? Another conceptualization would carry different implications. What makes one way of thinking better than another? This book develops a framework for concept appraisal. Its guiding idea is that to question the authority of concepts is to ask for reasons of a special kind: (...) reasons for concept use, which tell us which concepts to adopt, adhere to, or abandon, thereby shoring up—or undercutting—the reasons for action and belief that guide our deliberations. Traditionally, reasons for concept use have been sought either in timeless rational foundations or in concepts’ inherent virtues, such as precision and consistency. Against this, the book advances two main claims: that we find reasons for concept use in the conceptual needs we discover when we critically distance ourselves from a concept by viewing it from the autoethnographic stance; and that sometimes, concepts that conflict, or exhibit other vices such as vagueness or superficiality, are just what we need. By considering not what concepts are absolutely best, but what concepts we now need, we can reconcile ourselves to the contingency of our concepts, determine the proper place of efforts to tidy up thought, and adjudicate between competing conceptions of things—even things as contested as liberty or free will. A needs-based approach separates helpful clarification from hobbling tidy-mindedness, and authoritative definition from conceptual gerrymandering. (shrink)

This book maps out the lexico-conceptual articulation of Greene's narrative dramatization of ethical situations. This main aim issues from three working hypotheses: in the first place, a reduced set of terms such as peace, despair, pity or commitment have a striking lexical recurrence in Greene's texts. They are considered here as keywords that articulate his discourse at a conceptual level. In the second place, those keywords are invested with narrative potential. They have the capacity to generate narrative situations and developments. (...) In the third place, they articulate a particular narrative pattern. Such lexico-conceptual articulation is shaped mainly as ethical conflict dramatized in narrative form. Drawing on contemporary theories of community and ethics developed by Jean-Luc Nancy, Maurice Blanchot, J. Hillis Miller or Derek Attridge, this book sets out to explore a recurrent narrative pattern in Greene's work, emerging from his personal use of the language of ethics and community. (shrink)

Meta-ethical discussions commonly distinguish 'subjectivism' from 'emotivism', or 'expressivism'. But Frank Jackson and Philip Pettit have argued that plausible assumptions in the philosophy of language entail that expressivism collapses into subjectivism. Though there have been responses to their argument, I think the responses have not adequately diagnosed the real weakness in it. I suggest my own diagnosis, and defend expressivism as a viable theory distinct from subjectivism.

Thinking, Language, and Experience was first published in 1989.Hector-Neri Castañeda's intricate and provocative essays have been widely influential, especially his work in epistemology and ethics, and his theory on the relation of thought to action. The fourteen essays in Thinking, Language, and Experience -- half of them written expressly for this volume -- demonstrate the breadth and richness of his recent work on the unitary structure of human experience.A comprehensive, unified study of phenomena at the intersection between experience, (...) thinking, language, and reality, this book focuses on singular reference -- that is, reference to individuals insofar as they are thought of as individuals: indicators, quasi-indicators, proper names, singular descriptions. Castañeda establishes a large number of new facts -- linguistic, semantic, psychological, and sociological -- about the workings of language in human experience, and from them develops a network of new theories, all grounded in his comprehensive Guise Theory.These theories offer a systematic account for: the structure of human experience and the world at large; the mental powers required to think of the world and to undergo experiences; self-consciousness; the language for thinking of other minds; perception and the interaction between indexical reference and perceptual fields; and the role of subjectivity in perception and intentional action. (shrink)

Engaging with the work of Freud, Heidegger, Wittgenstein, and Derrida, this book reconceptualises the language divide between humans and animals within the context of animal ethics.

This paper takes up an underdeveloped argument of Charles Taylor that linguisticality is constitutive of moral agency. Taylor’s position is part of a set of contemporary arguments that language, especially as dialogue or discourse, is the normative framework which grounds or validates fundamental norms or values. Taylor’s contribution to this “dialogical turn” is substantial and innovative, but it is not without weakness. Rather than deal with all the issues involved in this dialogical turn, I argue just that language (...) does ground morality as a distinctively human way of creating meaning, that is, as Taylor argues, constitutive of the self and self-understanding. Self-understanding, or the appropriation of moral self-consciousness, is what is meant by the authenticity and autonomy which constitute moral authority. I argue in essence that language provides a necessary and constitutive link between private and public spheres of meaning in a way that renders moral discourse meaningful and constitutively human. (shrink)

Philosophers have been thinking about lying for several thousand years, yet this topic has only recently become a central area of academic interest for philosophers of language, epistemologists, ethicists, and political philosophers. Lying: Language, Knowledge, Ethics, Politics provides the first dedicated collection of philosophical essays on the emerging topic of lying. Adopting an inter-subdisciplinary approach, this volume breaks new methodological ground in exploring the ways that a better understanding of language can inform the study of knowledge, ethics, (...) or politics - and vice-versa. How can we lie when it is unclear what exactly we believe, or when we have contradictory beliefs? Can corporations lie, and if so how? Is lying always wrong, or always at least prima facie wrong? What can one learn from a liar? Can we lie to mindless machines? These engaging questions and many more are explored at length in this accessible reference text. (shrink)

Here I will explore Books One-Four of "Nicomachean Ethics" in order to see Aristotle conception of the Ethics language. Aristotle believes in plurality of methods and accordingly ethics as a discipline of knowledge should have its own subject, end and method. Such a complexity shapes a specific language for ethics but it is scattered in his treatise and in this paper I want to collect them in one place.

Meta-ethical discussions commonly distinguish 'subjectivism' from 'emotivism', or 'expressivism'. But Frank Jackson and Philip Pettit have argued that plausible assumptions in the philosophy of language entail that expressivism collapses into subjectivism. Though there have been responses to their argument, I think the responses have not adequately diagnosed the real weakness in it. I suggest my own diagnosis, and defend expressivism as a viable theory distinct from subjectivism.

Documentary film-making is one of the most vibrant areas of media activity in China, with many independent film-makers producing documentaries on a range of sensitive socio-political matters, often bringing a strongly ethical approach. This book outlines the development of documentary film-making in mainland China and Taiwan, contrasts independent documentaries with official state productions, considers the production and distribution of independent documentary film-makers, and discusses the range and content of the documentaries. The book demonstrates the success of Chinese independent documentary film-making, (...) often winning award-winning titles and appearing at international film festivals. (shrink)

This essay performs a comparative reading of the themes of language, otherness and subjectivity in the work of Emmanuel Levinas and Jacques Lacan. Their focuses on the place and role of an ethical subjectivity who is profoundly affected and displaced by the (non)presence of the absolute Other provide apt philosophical material for comparison and contrast. Through a close analysis of the important philosophical and psychoanalytic themes in Levinas’ early work Totality and Infinity and Lacan’s Seminar VII: The Ethics of (...) Psychoanalysis, I demonstrate how the different articulations of alterity in both influence their separate conceptions of the possibility of ethics in relation to decentered notions of subjectivity. In reading both, I argue that Lacan’s treatment of otherness and the eccentric nature of language provides a reimaging of certain gaps in Levinas. In return, I position Levinas as being able to provide a notion of ethical community that Lacan leaves out. (shrink)

In a critical scene deeply troubled by questions of justice and responsibility, and beset by political and moral scandals, no issue in recent years has been more urgent or more unsettled than the question of ethics. Geoffrey Galt Harpham, whose previous book, The Ascetic Imperative in Culture and Criticism, was one of the first to announce the critical renewal of ethics, attempts in this new book to explain why ethical questions resist settlement. He urges a new account of ethics not (...) as a stable set of principles, values, or prescriptions, but as a variable factor of "imperativity" immanent in language, analysis, narrative, and creation. (shrink)

In chapter one I firstly critique some contemporary family-resemblance approaches to the category woman, and claim that they do not take sufficient account of dis-semblance, that is, resemblances that people have in common with members of the contrast category man. Second, I analyze how the concept of woman is semantically contestable: resemblance/dissemblance structures give rise to vagueness and to borderline cases. Borderline cases can either be included in the category or excluded from it. The factors which incline parties in a (...) dispute about membership to include or exclude depend on metaphysical, ethical, or political background assumptions. In chapter two, I begin by considering the harms suffered by transgender persons through “misgendering”, the deployment of gender terms which inflict psychological harms upon transgender persons, place them in situations of injustice, or diminish their self-respect. Such deployments are morally contestable: they can be challenged on ethical grounds. Several characterisations of the term ‘woman’ proposed in the feminist literature are critiqued from this perspective. In chapter three, I elaborate a broadly liberal approach to gender pluralism. The approach involves: i) the public toleration of gender practices and beliefs which contest prevalent gender norms; and ii) state-gender neutrality. Public toleration allows gender non-conforming practices and beliefs within public space. State gender-neutrality consists mainly in the removal from law and government policy of provisions which assume compliance with prevalent conceptions of gender. (shrink)

Seeking new language for the Divine has encouraged Christian and Jewish feminists to explore other religious traditions which are richer in feminine language for God, and in some cases to borrow parts of what they find for their own use. However, these other religious traditions are often socially and politically less powerful, and borrowing their language and practice has ethical implications. Especially because the ethical dimensions of liturgy are bound up with theological issues, religious feminists have a (...) moral duty to consider these questions in which there are rarely if ever any easy answers. (shrink)