Deliberative democracy entails a commitment to deciding political questions on their merits. To that end, people engage in an exchange of reasons in a shared endeavour to arrive at the right answer or the best judgement they can make in the circumstances. Of course, in practice a shared judgement may be impossible to reach. Yet while compromise may seem a natural way of dealing with the disagreement that deliberation leaves unresolved – for example, some deliberative theorists argue that a willingness (...) to compromise manifests respect for the considered views of others, even as we continue to disagree with them – the relationship between deliberation and compromise is not as straightforward as one might think. To explain why, this paper contrasts conflicts of judgement with conflicts of preference, interest and value to show why greater attention needs to be paid to the character of the decision to be made. (shrink)

This article examines the relationship between compromise and fairness, and considers in particular why, if a fair outcome to a conflict is available, the conflict should still be subject to compromise. It sets out the defining features of compromise and explains how fair compromise differs from both principled and pragmatic compromise. The fairness relating to compromise can be of two types: procedural or end-state. It is the coherence of end-state fairness with compromise that proves the more puzzling case. We offer (...) reasons why people should be allowed to resolve conflicting or competing claims through compromise, even if compromise comes at the expense of end-state fairness, but we resist the suggestion that the primary rationale for compromise is to be found in non-ideal circumstances. (shrink)

Since the early 1970s, internal power sharing has remained central to the attempt to reach a political settlement on the constitutional structures for governing Northern Ireland. Even in the face o...

Although the idea of the public interest features prominently in many accounts of deliberative democracy, the relationship between deliberative democracy and the public interest is rarely spelt out with any degree of precision. In this article, I identify and defend one particular way of framing this relationship. I begin by arguing that people can deliberate about the public interest only if the public interest is, in principle, identifiable independently of their deliberations. Of course, some pluralists claim that the public interest (...) is an implausible idea, which casts doubt on the idea that there might be something for people to deliberate about. Yet while, following Brian Barry, we can get around this problem by defining the public interest as an interest in which everyone shares qua member of the public, what still needs to be explained is why people should be prepared to privilege this particular capacity. I argue that the account of political equality with which deliberative democracy is bound up offers a compelling explanation of this sort, even if it also gives rise to some difficult questions of feasibility. I conclude by considering the charge that any political scheme that framed the relationship between deliberative democracy and the public interest in this way would be undesirable. (shrink)

Since the early 1970s, internal power sharing has remained central to the attempt to reach a political settlement on the constitutional structures for governing Northern Ireland. Even in the face o...

The central concept in modern democratic theory outlined by a well-respected authority.

(2012). Introduction: The value and limits of rights: essays in honour of Peter Jones. Critical Review of International Social and Political Philosophy: Vol. 15, The Value and Limits of Rights: Essays in Honour of Peter Jones, pp. 387-394. doi: 10.1080/13698230.2012.699394.

The concept of economic rent is among the oldest in political economy. This reflects the fact that economies have always included parties whose income appears more parasitic than productive. The concept of rent-seeking refers to the efforts of parties seeking to secure such income by way of gaining influence over economic regulation or otherwise gaining favors from government. In spite of its intuitiveness, however, it has proven difficult to precisely distinguish rent from other categories of income. This chapter seeks to (...) acquaint readers with this problem. The privatization of incarceration is then supplied as an important case study in current rent-seeking behavior. (shrink)

Journal of Social Philosophy, EarlyView.

Journal of Social Philosophy, EarlyView.

Journal of Social Philosophy, EarlyView.

Aim To examine the contribution of programme year and demographic factors to medical students’ perceptions of evidence-based classification categories of professional misconduct. Methods Students at an Irish medical school were administered a cross-sectional survey comprising 31 vignettes of professional misconduct, which mapped onto a 12-category classification system. Students scored each item using a 5-point Likert scale, where 1 represents the least severe form of misconduct and 5 the most severe. Results Of the 1012 eligible respondents, 561 students completed the survey, (...) providing a response rate of 55%. Items pertaining to disclosure of conflict of interest were ranked as the least severe examples of professional misconduct, and this perception was highest among finalyear students. While ratings of severity declined for items related to ‘inappropriate conduct not in relation to patient’ and ‘inappropriate use of social media’ between years 1 and 3, ratings for both categories increased again among clinical cycle students. Conclusions Increased clinical exposure during years 4 and 5 of the undergraduate programme was associated with better recognition of the importance of selected professional domains. Disclosure of conflict of interest is identified as an area of medical professionalism that requires greater emphasis for students who are at the point of transition from student to doctor. (shrink)

State laws dictating “informed consent” about surgical and chemical abortions sometimes ensnare emergency contraceptives, as the science surrounding EC shows. Courts evaluating mandated disclosures gravitate to professional norms rather than the information most women would value: basic factual information about EC so that they can decide for themselves whether to use these drugs.

Background This paper describes the design, implementation, and process outcomes from three public deliberations held in three tribal communities. Although increasingly used around the globe to address collective challenges, our study is among the first to adapt public deliberation for use with exclusively Indigenous populations. In question was how to design deliberations for tribal communities and whether this adapted model would achieve key deliberative goals and be well received.Methods We adapted democratic deliberation, an approach to stakeholder engagement, for use with (...) three tribal communities to respect tribal values and customs. Public deliberation convenes people from diverse backgrounds in reasoned reflection and dialogue in search of collective solutions. The deliberation planning process and design were informed by frameworks of enclave deliberation and community-based participatory research, which share key egalitarian values. The deliberations were collaboratively designed with tribal leadership and extensive partner input and involvement in the deliberations. Each deliberation posed different, locally relevant questions about genomic research, but used the same deliberation structure and measures to gauge the quality and experience of deliberation.Results A total of 52 individuals participated in the deliberations across all three sites. Deliberants were balanced in gender, spanned decades in age, and were diverse in educational attainment and exposure to health research. Overall, the deliberations were positively evaluated. Participant perceptions and external observer datasets depict three deliberations that offered intensive conversation experiences in which participants learned from one another, reported feeling respected and connected to one another, and endorsed this intensive form of engagement.Conclusion The adapted deliberations achieved key deliberative goals and were generally well received. Limitations of the study are described. (shrink)

Este texto busca narrar o encontro feliz das trajetórias do ativista Cleodon Silva e da instituição Casa dos Meninos, e como esse encontro pode nos ajudar a repensar o papel daquilo que Gilbert Simondon chamou de “mecanólogo” ou “tecnólogo”: aquele que estuda os indivíduos técnicos completos, que introduz na cultura “a consciência da natureza das máquinas, de suas relações mútuas e de suas relações com o homem, e dos valores implicados nestas relações”.

O debate contemporâneo sobre a ética do aprimoramento cognitivo tem se concentrado sobretudo na pergunta sobre se, e em que medida, os indivíduos deveriam ou não ter o direito a fazer uso de novas tecnologias na expectativa de aumentar suas respectivas faculdades cognitivas. A pergunta sobre se haveria uma obrigação de implementarmos o aprimoramento cognitivo dos indivíduos não tem recebido muita atenção. Neste artigo, eu defendo a tese segundo a qual o Estado tem, em princípio, a obrigação de promover o (...) aprimoramento cognitivo dos seus cidadãos. O argumento envolve uma análise do denominado efeito Flynn e das políticas públicas para a educação de crianças superdotadas. A obrigação que o Estado tem de promover o aprimoramento cognitivo de seus cidadãos está subordinada ao conhecimento disponível sobre a eficácia e a segurança dos procedimentos para fins de aprimoramento cognitivo. (shrink)

O principal objetivo de Micheal Sandel, no livro Liberalismo e os limites da justiça, foi atacar o conceito de deontologia de John Rawls. Nesse artigo, pretende-se argumentar que Sandel interpretou o conceito de deontologia de um modo equivocado. Há uma diferença entre a forma como Rawls definiu este conceito e a maneira como foi interpretado por Sandel. Dado isso, na primeira parte desse artigo, será analisado o modo como Sandel interpretou o conceito de deontologia na filosofia de Rawls. A (...) segunda parte apresenta uma avaliação do confronto entre os dois autores à luz da diferença no modo como ambos compreendem o significado da deontologia no liberalismo político. (shrink)

The main objective of Micheal Sandel’s Liberalism and the Limits of Justice was to attack the concept of deontology, as formulated by John Rawls. In this article, I argue that Sandel interpreted the concept of deontology in a misleading way. There is a difference between how Rawls defined this concept and how it was interpreted by Sandel. Given this, the first part of this article will analyze the way Sandel interpreted the Rawlsian concept of deontology. The second part presents (...) an assessment of the clash between the two authors in light of the differences in the way both of them understood the meaning of deontology in political liberalism. (shrink)

"Featuring seventeen original essays on the ethics of Artificial Intelligence by some of the most prominent AI scientists and academic philosophers today, this volume represents the state-of-the-art thinking in this fast-growing field and highlights some of the central themes in AI and morality such as how to build ethics into AI, how to address mass unemployment as a result of automation, how to avoiding designing AI systems that perpetuate existing biases, and how to determine whether an AI is conscious. As (...) AI technologies progress, questions about the ethics of AI, in both the near-future and the long-term, become more pressing than ever. Should a self-driving car prioritize the lives of the passengers over the lives of pedestrians? Should we as a society develop autonomous weapon systems that are capable of identifying and attacking a target without human intervention? What happens when AIs become smarter and more capable than us? Could they have greater than human moral status? Can we prevent superintelligent AIs from harming us or causing our extinction? At a critical time in this fast-moving debate, thirty leading academics and researchers at the forefront of AI technology development come together to explore these existential questions, including Aaron James, Allan Dafoe, Andrea Loreggia, Andrew Critch, Azim Shariff, Carrick Flynn, Cathy O'Neil, Eliezer Yudkowsky, Eric Schwitzgebel, Frances Kamm, Francesca Rossi, Hanna Gunn, Iyad Rahwan, Jessica Taylor, JF Bonnefon, K. Brent Venable, Kate Devlin, Mara Garza, Nicholas Mattei, Nick Bostrom, Patrick LaVictoire, Peter Asaro, Peter Railton, S. Matthew Liao, Shannon Vallor, Stephen Wolfram, Steve Petersen, Stuart Russell, Susan Schneider, Wendell Wallach "--. (shrink)

It weighs in at a bit more than five pounds; its dimensions demand a cradle. Yet this book is a handsome and welcome achievement despite its bulk. Its reproduction of the 1922 text, its maps and photos of 1904 Dublin; its list of minor characters in Ulysses; its bibliography of scholarship, both old and new; its timeline of Joyce's life, and its exemplary detailed annotations of the text: everything, harvested from the best sources, has been brought together to create the (...) largest volume dedicated to Joyce scholarship ever produced—a book that celebrates the first printing of Joyce's masterpiece. Given its weight and size, its classroom utility is likely limited; given its monumentality, it is a proper hundred-year tribute.What is wholly original about the book's contents are the essays that preface each of the eighteen episodes of the masterpiece. That Joycean scholarship grows upon itself is amply demonstrated by the sophistication and weight of learning the eighteen writers can now display. Almost fifty years have passed since Clive Hart and David Hayman edited a volume with a similar aim. Each of the new essays reveals just how much more there is now to know and say about Ulysses, how much more there is to praise in how Joyce conceived the book, how much more there is to teach, and how unlikely it is that Joycean scholarship will ever be diminished in either its curiosity or its energy. Given the increasing complexity and density of such accumulated knowledge, it is a pleasure to witness the economy and precision shown by so many of the writers. In particular, Robert Spoo's writing about “Nestor,” Maud Ellmann's writing about “Lotus Eaters,” and Vicki Mahaffey's writing about “Nausicaa” demonstrate how concision can make for valuable illumination.But there is a problem with where these essays are positioned. Coming before each of the episodes they introduce, they might condition the mind of a reader new to Ulysses to look upon those episodes as no more than demonstrations of what the scholars think. Catherine Flynn, the book's editor, emphasizes the need of such professional interpretation when she describes the plight of anyone “struggling through Ulysses” and “the key challenges facing the reader.” She is right about how hard it is for any new reader to “get” the book, but the placement of the essays is at odds with her claim that “grappling with the novel's challenges, the reader is pushed toward one of the most important rewards of reading Ulysses: thinking independently.” The prefaces may well impede the reader from thinking independently.Professor Flynn's focus on challenge and difficulty is widely shared throughout the Joycean community and has become a fundamental preoccupation in Joyce scholarship. Taking Joyce's mastery as a given, many Joyceans assume a Talmudic stance in believing, to quote Spinoza, that “the intellectual love of a thing consists in understanding its perfections.” Facing the formidable Joyce, they turn and turn again to explication. They subscribe to the dictum that the youthful Joyce himself, perhaps self-mockingly, set down: “A man of genius makes no mistake. His errors are volitional and are the portals of discovery.” But is Ulysses free of error?Fritz Senn, writing about “Ithaca,” does not put himself in opposition to Joyce but in opposition to the presumed inerrancy of Joyce. He argues that the episode displays a troubling disjunction between what Joyce intended to do in the episode and what he did. Joyce told his friend Frank Budgen that in the episode “not only will the reader know everything and know it in the baldest and coldest way, but Bloom and Stephen thereby become heavenly bodies, wanderers like the stars at which they gaze.” But readers do not, indeed, get to know all they should, or see all they should see. Senn notes that they “learn next to nothing about Bloom's mother, his birthday, or the exact nature of his father's suicide, although they do learn a lot about such things as the junk in a drawer, the Dublin water supply system, and the addresses of Dublin shops.” Senn asks: “What does the meeting of the two characters amount to? Will it change Stephen so that he might become the author of the book he is in? Does Bloom find a son? Does he become the father that Stephen is supposed to be looking for? The impassive episode does not seem to answer, or to care.” But these are questions about which many a reader might care.Joyce named “Ithaca” as his favorite among the episodes. Senn demonstrates by his care and attentiveness that he too admires it. But by not limiting himself to dutiful reverence, he instead critically examines the Joycean text. His tribute to Joyce is both unsparing and generous.Equally attentive and yet incisive is Katherine O'Callaghan in her examination of “Sirens.” She recognizes the experimental daring of Joyce's strategy of “conveying music through language” in that episode. But her analysis, as penetrating as it is learned, does not leave the reader persuaded that the episode is entirely successful. As she observes, “the reluctance of the musical art to bend to the critical written voice” is a “stumbling block.”Another problematic experiment, “Oxen of the Sun,” which Joyce himself described as “the most difficult episode... both to interpret and to execute,” presents its commentator, Sarah Davison, with the task of explaining how its grandiose mixture of parody, plagiarism, and sheer celebration of myriad English prose styles over the centuries can function without, as she says, “wrongfooting and dissatisfying readers” who assume that the episode “enacts a historical progression only to find themselves disorientated by so many different echoes and cadences.”Were Joycean scholars more devoted to critical judgment than to explication—even when they are faced with the spectacular imposition of genius—the common reader would more likely find fellowship, and less intimidation, when reading a book that is not a sacred text but a human document, written with the extraordinary self-imposed challenges, as well as the problematic results, that only a most extraordinary human could make. (shrink)

Despite apparent political concern and action—often fuelled by high-profile cases and campaigns—legislative and institutional responses to image-based sexual abuse in the UK have been ad hoc, piecemeal and inconsistent. In practice, victim-survivors are being consistently failed: by the law, by the police and criminal justice system, by traditional and social media, website operators, and by their employers, universities and schools. Drawing on data from the first multi-jurisdictional study of the nature and harms of, and legal/policy responses to, image-based sexual abuse, (...) this article argues for a new joined-up approach that supports victim-survivors of image-based sexual abuse to ‘reclaim control’. It argues for a comprehensive, multi-layered, multi-institutional and multi-agency response, led by a government- and industry-funded online or e-safety organisation, which not only recognises the diversity of victim-survivor experiences and the intersection of image-based sexual abuse with other forms of sexual and gender-based violence and discrimination, but which also enables victim-survivors to reclaim control within and beyond the criminal justice system. (shrink)

Traditionally, acts of civil disobedience are understood as a mechanism by which citizens may express dissatisfaction with a law of their country. That expression will typically be morally motivated, non-violent and aimed at changing their government’s policy, practice or law. Building on existing work, in this paper we explore the limits of one well-received definition of civil disobedience by considering the challenging case of the actions of animal activists at sea. Drawing on original interviews with advocates associated with Sea Shepherd, (...) Greenpeace and Humane Society International we find that even if animal activists are morally motivated and civil, the transnational nature of their activity makes it difficult to assess their intention to bring about a change in law or public policy. This means that a civil disobedience defence may not be available to activists operating across international borders. This raises important questions about the usefulness of the civil disobedience concept within the context of a globalised world. We conclude that while the actions of some anti-whaling activists may not meet definitions of civil disobedience as conventionally understood, this says more about the narrow way in which that concept has been traditionally defined, than it does about the type of activity some anti-whaling activists have undertaken in the Southern Ocean. Finally, we argue that activists wishing to make a stand against whaling may have no choice but to act as global citizens because policy change within a single nation-state is unlikely to lead to the cessation of this inherently transnational activity. (shrink)

Vagueness in law leads to indeterminacies in legal rights and obligations in many cases. The book defends that claim and explains its implications for legal theory. Vague language is the book's focus, but vagueness is not merely a linguistic feature of law. Law is necessarily vague. That fact seems to threaten the coherence of the ideal of the rule of law. The book defends a new, coherent articulation of that ideal.

This study addressed the question of whether L2 learners are able to utilize verb’s argument structure information in online structural analysis. Previous L2 research has shown that L2 learners have difficulty in using verb’s intransitive information to guide online syntactic processing. This is true even though L2 learners have grammatical knowledge that is correct and similar to that of native speakers. In the present study, we contrasted three hypotheses, the initial inaccessibility account, the intransitivity overriding account, and the fuzzy subcategorization (...) frame account, to investigate whether L2 learner’s knowledge of intransitive verbs is in fact ignored in L2 online structural analysis. The initial inaccessibility account and the fuzzy subcategorization frame account predicted that L2 learners cannot access intransitivity information in building syntactic structures in any situation. The intransitivity overriding account predicted that intransitivity information is accessed in L2 parsing, but this process is overridden by the strong transitivity preference when a verb is followed by a noun phrase. Importantly, the intransitivity overriding account specifically predicted that L2 learners would be able to use intransitive information in online syntactic processing when a noun phrase does not appear immediately following a verb. We tested the three accounts in an eye-tracking reading experiment using filler-gap dependency structures. We manipulated verb’s transitivity information and lexically based plausibility information and tested English native speakers as a control L1 group and Japanese-English L2 participants. The results showed that L2 learners as well as native speakers processed sentences differently depending on the subcategorization information of the verb, and adopted transitive analysis only when the verb was optionally transitive, providing support for the intransitivity overriding. The results further demonstrated that L2 learners had strong expectations for the transitive structure, which is consistent with the view proposed by the hyper-active gap-filling hypothesis. In addition, the results showed that the semantic mismatch in the incorrect transitive analysis facilitated native speaker’s processing but caused difficulty for L2 learners. Together, the current study provides evidence that L2 learners use intransitive information of the verbs to guide their structural analysis when there are no overriding constraints. (shrink)