With his contribution on "The Natural Law in the American Tradition," Judge Diarmuid O'Scannlain has begun the indispensable task of laying the groundwork for sound jurisprudential reasoning in the natural law tradition. It is on the basis of this groundwork that we can begin to appreciate what natural law reasoning might mean, and what it does not mean, for contemporary American legal thinking. More specifically, it is on the basis of this groundwork that one can begin to articulate what (...) might be called a "third way" of jurisprudential reasoning. This "third way" would steer clear of two opposed and equally problematic jurisprudential views; that is, it would steer clear of what we might call "standard legal positivism" (on the one hand), and (on the other hand) what Judge O'Scannlain calls the "aggressive" natural law jurisprudence of some contemporary theorists. (shrink)
Murga porteña, the satirical street theatre tradition associated with Carnival in Buenos Aires, Argentina, is historically a strongly patriarchal institution. Prominent roles such as reciting poetry, singing, and playing percussion instruments have been reserved exclusively for men. As the feminist movement in Argentina has grown in visibility and importance in recent years, feminist murga participants disrupted these patriarchal patterns. Women murga performers have begun to use murga as a space for feminist practice, both by creating women-only organizations to learn (...) murga skills and by bringing feminist perspectives into mixed-gender murgas. Murgueras are engaged in a multifaceted feminist project that disrupts gendered patterns by building women-only spaces to develop competence in the performance of historically masculine skills such as percussion. Drawing on ethnographic participant-observation of murga events as well as in-depth interviews with key organizers at the confluence of murga and feminism, we explore the ways in which murga has provided the spaces and strategies for collective feminist engagement. Murgas have become important social institutions in which women are “undoing gender” and disseminating feminist perspectives, even as most members join them not as explicitly feminist institutions. (shrink)
Many philosophers of language have held that a truth-conditional semantic account can explain the data motivating the distinction between referential and attributive uses of definite descriptions, but I believe this is a mistake. I argue that these data also motivate what I call “dual-aspect” uses as a distinct but closely related type. After establishing that an account of the distinction must also explain dual-aspect uses, I argue that the truth-conditional Semantic Model of the distinction cannot. Thus, the Semantic Model cannot (...) explain the data for which it is developed and so fails as an account of the referential/attributive distinction. (shrink)
Many scholars and activists seek to eliminate “race”—the word and the concept—from our vocabulary. Their claim is clear: because science has shown that racial essentialism is false and because the idea of race has proved virulent, we should do away with the concept entirely. Michael O. Hardimon criticizes this line of thinking, arguing that we must recognize the real ways in which race exists in order to revise our understanding of its significance. Rethinking Race provides a novel answer to (...) the question “What is race?” Pernicious, traditional racialism maintains that people can be judged and ranked according to innate racial features. Hardimon points out that those who would eliminate race make the mistake of associating the word only with this view. He agrees that this concept should be jettisoned, but draws a distinction with three alternative ideas: first, a stripped-down version of the ordinary concept of race that recognizes minimal physical differences between races but does not consider them significant; second, a scientific understanding of populations with shared lines of descent; and third, an acknowledgment of “socialrace” as a separate construction. Hardimon provides a language for understanding the ways in which races do and do not exist. His account is realistic in recognizing the physical features of races, as well as the existence of races in our social world. But it is deflationary in rejecting the concept of hierarchical or defining racial characteristics. Ultimately, Rethinking Race offers a philosophical basis for repudiating racism without blinding ourselves to reality. (shrink)
The introduction of Western healthcare, via colonialism, into Africa facilitated a confrontation of indigenous and exogenous “medical” knowledge as well as the attendant praxis. Although colonialism has been expunged from the shores of Africa, the epistemic and ideological frictions it introduced into the sphere of healthcare linger and raise different dilemmas. Against this background, this paper explores pragmatic and ethical approaches that may help engage these tensions in the context of drug development based on validated traditional phytomedicines.
This book provides an authoritative account of Hegel's social philosophy at a level that presupposes no specialised knowledge of the subject. Hegel's social theory is designed to reconcile the individual with the modern social world. Michael Hardimon explores the concept of reconciliation in detail and discusses Hegel's views on the relationship between individuality and social membership, and on the family, civil society, and the state. The book is an important addition to the string of major studies of Hegel published (...) by Cambridge. It will interest a broad swathe of readers in philosophy, (both students and specialists), and could be used in courses on political and social theory. (shrink)
This paper explores possible connections between gender and the willingness to engage in unethical business behavior. Two approaches to gender and ethics are presented: the structural approach and the socialization approach. Data from a sample of 213 business school students reveal that men are more than two times as likely as women to engage in actions regarded as unethical but it is also important to note that relatively few would engage in any of these actions with the exception of buying (...) stock with inside information. Fifty percent of the males were willing to buy stock with insider information. Overall, the results support the gender socialization approach. (shrink)
In the last few decades, several philosophers have written on the topic of moral revolutions, distinguishing them from other kinds of society-level moral change. This article surveys recent accounts of moral revolutions in moral philosophy. Different authors use quite different criteria to pick out moral revolutions. Features treated as relevant include radicality, depth or fundamentality, pervasiveness, novelty and particular causes. We also characterize the factors that have been proposed to cause moral revolutions, including anomalies in existing moral codes, changing honour (...) codes, art, economic conditions and individuals or groups. Finally, we discuss what accounts of moral revolutions have in common, how they differ and how moral revolutions are distinguished from other kinds of moral change, such as drift and reform. (shrink)
Many drugs used in paediatric medicine are off-label. There is a rising call for the use of adaptive clinical trial designs in responding to the need for safe and effective drugs given their potential to offer efficiency and cost-effective benefits compared with traditional clinical trials. ADs have a strong appeal in paediatric clinical trials given the small number of available participants, limited understanding of age-related variability and the desire to limit exposure to futile or unsafe interventions. Although the ethical value (...) of adaptive trials has increasingly come under scrutiny, there is a paucity of literature on the ethical dilemmas that may be associated with paediatric adaptive designs. This paper highlights some of these ethical concerns around safety, scientific/social value and caregiver/guardian comprehension of the trial design. Against this background, the paper develops a non-static conceptual lens for understanding PADs. It shows that ADs are epistemically open and reduce some of the knowledge-associated uncertainties inherent in clinical trials as well as fast-track the time to draw conclusions about the value of evaluated drugs/treatments. On this note, the authors argue that PADs are ethically justifiable given they have multiple layers of safety, exposing enrolled children to lesser potential risks, create social/scientific value generally and for paediatric populations in particular, specifically foster the flourishing of paediatric populations and can significantly improve paediatric trial efficiency when properly designed and implemented. However, because PADs are relatively new and their regulatory, ethical and logistical characteristics are yet to be clarified in some jurisdictions, the cooperation of various public and private stakeholders is required to ensure that the interests of children, their caregivers and parents/guardians are best served while exposing paediatric research subjects to the most minimal of risks when they are enrolled in paediatric trials that use ADs. Data sharing not applicable as no datasets generated and/or analysed for this study. Not applicable. (shrink)
This article challenges the orthodox view that there is and can be no scientifically valid concept of race applicable to human beings by presenting a candidate scientific concept of biological race. The populationist concept of race specifies that a “race” is a subdivision of Homo sapiens—a group of populations that exhibits a distinctive pattern of genetically transmitted phenotypic characters and that belongs to an endogamous biological lineage initiated by a geographically separated and reproductively isolated founding population. The viability of the (...) PRC is shown by demonstrating its capacity to withstand a wide range of objections. A common theme is that the objections turn on misconceptions of the idea of a scientific concept of race. The final section argues that the PRC will not foster racism. (shrink)
Do pharmaceutical companies have a moral obligation to expand access to investigational drugs to patients outside the clinical trial? One reason for thinking they do not is that expanded access programs might negatively affect the clinical trial process. This potential impact creates dilemmas for practitioners who nevertheless acknowledge some moral reason for expanding access. Bioethicists have explained these reasons in terms of beneficence, compassion, or a principle of rescue, but their arguments have been limited to questions of moral permissibility, leaving (...) for future research the question of whether expanded access is morally obligatory. We take up this further question and argue that pharmaceutical companies have a moral obligation to expand access. Our defense is not based on beneficence, compassion, or rescue, but instead on a reciprocal moral expectation resulting from existing social commitments that help ensure a robust pharmaceutical practice within the broader healthcare system. Our aim is to give this obligation, along with several others, a coherent and plausible structure within the wider clinical trial process so that one might better explain the sources of the dilemmas and their possible resolutions. (shrink)
Explication of the concept of socialrace: the concept variously refers to (1) a social group that is taken to be a racialist race, (2) the social position occupied by a particular social group that is a socialrace and (3) the system of social positions that are socialraces. Socialrace is distinguished from other more familiar forms of social construction. The sense in which socialrace counts as a race concept is explained. The advantages of the term ‘socialrace’ are discussed. The desiderata for (...) a conception of socialrace are articulated. The concept socialrace is contrasted with other similar concepts. (shrink)
Throughout his career, Wittgenstein was preoccupied with issues in the philosophy of perception. Despite this, little attention has been paid to this aspect of Wittgenstein's work. This volume redresses this lack, by bringing together an international group of leading philosophers to focus on the impact of Wittgenstein's work on the philosophy of perception. The ten specially commissioned chapters draw on the complete range of Wittgenstein's writings, from his earliest to latest extant works, and combine both exegetical approaches with engagements with (...) contemporary philosophy of mind. Topics covered include: perception and judgement in the _Tractatus _ aspect-perception the putative intentionality of perception representationalism. The book also includes an overview which summarises the evolution of Wittgenstein's views on perception throughout his life. With an outstanding array of contributors, _Wittgenstein and Perception_ is essential reading for students and scholars of Wittgenstein’s work, as well as those working in philosophy of mind and philosophy of perception. Contributors: Yasuhiro Arahata, Michael Campbell, William Child, Daniel Hutto, Michael O’Sullivan, Marie McGinn, Michel terHark, Charles Travis, and José Zalabardo. (shrink)
The central aim of Hegel's' social philosophy (the Rechtsphilosophie) is to reconcile his contemporaries--the men and women of the nineteenth century--to the modern social world. By "the modem social world" I mean the central social institutions of that era: the family, civil society, and the state. Hegel seeks to enable his contemporaries to overcome their alienation from this world by providing them with a philosophical theory that will reveal its true nature (PR, Preface sec. 14). "The project of reconciliation" is (...) the name I have given to this enterprise. My aim in this article is to introduce Hegel's project. I shall neither attempt to present the project nor attempt to assess it. My aim is simply to explain what the project is. I begin by considering the problem the project addresses and the sort of solution it proposes, and devote the remainder of the article to an examination of the project's goal. (shrink)
This essay presents four ways of thinking about race. They consist of four related but distinct race concepts: the racialist concept of race, which is the traditional, pernicious, essentialist, and hierarchical concept of race; the concept of socialrace, which is the antiracist concept of race as a social construction; the minimalist concept of race, which is the deflationary concept of biological race that represents race as a matter of color, shape and geographical ancestry; and the populationist concept of race, the (...) race concept that represents races as populations, deriving from geographically separated and reproductive isolated founding populations. Taken together, the four concepts can help us better navigate our way through the murky conceptual domain of “race.”. (shrink)
Why do otherwise well-intentioned managers make decisions that have negative social or environmental consequences? To answer this question, the authors combine the literature on construal level theory with the compromise effect to explore the circumstances that lead to seemingly unethical decision-making. The results of two studies suggest that the degree to which managers make high-risk tradeoffs is highly influenced by how they mentally represent the decision context. The authors find that managers are more likely to make seemingly unethical tradeoffs when (...) psychological distance is high (rather than low) and when they are forced to choose between competing alternatives. However, when given the option not to choose, managers better reflect on the consequences of each alternative, and thus become more likely to choose options with less risk of negative consequences. The results suggest that simply offering managers the option not to choose may reduce psychological distance and help organizations avoid seemingly unethical decision-making. (shrink)
An introduction to the special issue on epistemic logic and the foundations of game theory edited by Michael Bacharach and Philippe Mongin. Contributors are Michael Bacharach, Robert Stalnaker, Salvatore Modica and Aldo Rustichini, Luc Lismont and Philippe Mongin, and Hyun-Song Shin and Timothy Williamson.
An incoherent visualization is when aspects of different senses of a word are present in the same visualization. We describe and implement a new model of creating contextual coherence in the visual imagination called Coherencer, based on the SOILIE model of imagination. We show that Coherencer is able to generate scene descriptions that are more coherent than SOILIE's original approach as well as a parallel connectionist algorithm that is considered competitive in the literature on general coherence. We also show that (...) co-occurrence probabilities are a better association representation than holographic vectors and that better models of coherence improve the resulting output independent of the association type that is used. Theoretically, we show that Coherencer is consistent with other models of cognitive generation. In particular, Coherencer is a similar, but more cognitively plausible model than the C3 model of concept combination created by Costello and Keane. We show that Coherencer is also consistent with both the modal schematic indices of perceptual symbol systems theory and the amodal contextual constraints of Thagard's theory of coherence. Finally, we describe how Coherencer is consistent with contemporary research on the hippocampus, and we show evidence that the process of making a visualization coherent is serial. (shrink)
Joshua Glasgow has written a wonderful book on race (Glasgow 2009). Thoughtful, clear, and provocative, it advances the discussion in significant ways. Space is limited so I hope I can be excused for restricting my comments to Glasgow’s assessment of my 2003 Journal of Philosophy analysis of the ordinary concept of race. The last thing I would want to suggest is that this exhausts the interest of his book; for that is certainly not the case. My remarks can be regarded (...) as testimony to just how stimulating his fine account is. (shrink)
Adrian Johnston is well known for his work at the intersection of Lacanian psychoanalysis, German idealism, contemporary French philosophy and most recently cognitive neuroscience. In the context of the current issue, Johnston represents the most complete development of a contemporary theory of Transcendental Materialism. In the following interview we explore both the implications of Johnston’s previous work, as well as the directions his most recent projects are taking.
This article explores the role of nature in two strands of contemporary materialist philosophy: new materialism, and transcendental materialism. Through an analysis of these strands of materialism via the work of Jane Bennett, William E. Connolly, Catherine Malabou, and Adrian Johnston, the article attempts to delineate these perspectives into the opposed camps of monist and dialectical materialisms. The implications of these differing materialist ontologies are then discussed in terms of the theorization of nature as either a vital material force or (...) as a weakness characterizing matter itself. After outlining the importance of nature for these two opposed theories, the lack of serious engagement with the work of F.W.J. Schelling by either group is discussed as a potential middle ground between the Spinozism of the new materialism and the Hegelianism of transcendental materialism, due to its large-scale political analysis, less pessimistic perspective towards the possibility of a contemporary humanism, and embrace of recent advances in the empirical sciences. (shrink)
In British Columbia, brown bears , black bears , and cougars must relate to growing human populations. This study examines age- and gender-related attitudes to these animals in the urbanizing, agriculturally significant, intermontane city of Kamloops. Most respondents, especially women, feared cougars and bears, saw bears as more troublesome than cougars, and were concerned for child and adult safety. More middle-aged and older participants perceived brown bears as dangerous to companion animals, and black bears as troublesome, than did younger participants, (...) and more middle-aged participants perceived brown bears as troublesome than did younger and older participants. Opinions favored trapping and removal of animals rather than shooting or toleration, but more younger participants opted for shooting, whereas more middle-aged and older participants opted for toleration and removal. Majorities agreed that the animals serve useful functions, women more than men for cougars, middle-aged more than old or young for bears, but saw only cougars as increasing their quality of life. These findings contribute to knowledge about human-wildlife relations, an important first step toward more efficient local and more general conservation policy. (shrink)