Justifying involuntary psychiatric treatment on the basis of a judgment that a person lacks capacity is usually expressed in terms of a person’s ability to make a decision about his or her health and treatment. Typically, this relates to the ability to refuse treatment. Exactly what “capacity” means, however, and how one determines when another individual lacks capacity, or lacks sufficient capacity, in this context is particularly controversial, with the United Nations Committee on the Rights of Persons with Disabilities insisting (...) that involuntary treatment be abandoned altogether and capacity tests avoided.Capacity is a concept that has multiple meanings and applications across different disciplines and... (shrink)
John J. Cleary was an internationally recognised authority in ancient Greek philosophy. This volume of penetrating studies of Plato, Aristotle, and Proclus, philosophy of mathematics, and ancient theories of education, display Cleary’s range of expertise and originality of approach.
John Stuart Mill's crisis of 1826 has received a great deal of attention from scholars. This attention results from reflection on the importance of the crisis to Mill's mature thought. Did the crisis signal rejection or revision of Benthamism? Or did it have little or no effect on Mill's view of his intellectual inheritance? Ultimately, an interpretation of the cause and resolution of the crisis is integral to an understanding of the nature of Mill's moral and social philosophy. Scholars, in (...) their zeal to understand Mill's crisis, have suggested various reasons for both the onset of the crisis and the recovery. Yet Mill's own perception of his crisis has often been overlooked or rejected. (shrink)
The interests of synthetic biologists may appear to differ greatly from those of evolutionary biologists. The engineering of organisms must be distinguished from the tinkering action of evolution; the ambition of synthetic biologists is to overcome the limits of natural evolution. But the relations between synthetic biology and evolutionary biology are more complex than this abrupt opposition: Synthetic biology may play an important role in the increasing interactions between functional and evolutionary biology. In practice, synthetic biologists have learnt to submit (...) the proteins and modules they construct to a Darwinian process of selection that optimizes their functioning. More importantly, synthetic biology can provide evolutionary biologists with decisive tools to test the scenarios they have elaborated by resurrecting some of the postulated intermediates in the evolutionary process, characterizing their properties, and experimentally testing the genetic changes supposed to be the source of new morphologies and functions. This synthetic, experimental evolution will renew and clarify many debates in evolutionary biology: It will lead to the explosion of some vague concepts as constraints, parallel evolution, and convergence, and replace them with precise mechanistic descriptions. In this way, synthetic biology resurrects the old philosophical debate about the relations between the real and the possible. (shrink)
Delivered at the Collège de France between January and March 1980, the lectures entitled On the Government of the Living (Du gouvernement des vivants) seem to be the missing piece in the Foucauldian puzzle. Still unpublished, those eleven lectures were intended to set the theoretical foundation for the book announced as the fourth and last volume of the History of Sexuality, under the title Confessions of the Flesh (Les aveux de la chair). This book, however, was never published, despite the (...) fact that his editor described it as the keystone for the entire History of Sexuality.1 The value of Michel…. (shrink)
Street’s “Darwinian Dilemma” is a well-known epistemological objection to moral realism. In this paper, I argue that “third-factor” replies to this argument on behalf of the moral realist, as popularized by Enoch :413–438, 2010, Taking morality seriously: a defense of robust realism, Oxford University Press, Oxford, 2011), Skarsaune :229–243, 2011) and Wielenberg :441–464, 2010, Robust ethics: the metaphysics and epistemology of godless normative realism, Oxford University Press, Oxford, 2014), cannot succeed. This is because they are instances of the illegitimate form (...) of reasoning known as “bootstrapping.” The phenomenon of bootstrapping has been discussed in detail, most notably by Vogel :602–623, 2000) and Cohen :309–329, 2002), in a different context as an objection to reliabilism and related theories of knowledge. I introduce four different characterizations of the error of bootstrapping from the epistemic literature in order to argue that the form of reasoning exemplified by third-factor replies would be deemed illegitimate by every one of them. I conclude that the moral realist should abandon third-factor replies, or else suggest a novel diagnosis for what goes wrong in bootstrapping cases that does not apply equally to the realist’s form of argument. However, I am not optimistic about the prospects for this latter strategy. (shrink)
This paper investigates a series of normative principles that are used to justify different aspects of executive compensation within business firms, as well as the remuneration of lower-ranking employees. We look at how businesses perform pay benchmarking; employees’ engagement, fidelity and loyalty ; and the acceptability of what we call both-ends-dipping, that is, receiving both ex ante and ex post benefits for the same work. We make two observations. First, either different or incoherent principles are used to justify the pay (...) of executives compared to employees, or the same principles are applied differently. Second, these differences or inconsistencies tend to be to the benefit of executives and/or to the detriment of employees. We conclude by asking whether there is any reason for thinking differently about executive pay than we do about employee pay. Our analysis leads us to question the principles justifying current executive compensation and to wonder if these principles are potentially being instrumentalized to serve other ends. (shrink)
This book is the first to provide a sustained, coherent analysis of Foucault's work as a whole. To demonstrate the sense in which Foucault's work is beyond structuralism and hermeneutics, the authors unfold a careful, analytical exposition of his oeuvre. They argue that during the of Foucault's work became a sustained and largely successful effort to develop a new method - "interpretative analytics" - capable of explaining both the logic of structuralism's claim to be an objective science and the apparent (...) validity of the hermeneutical counterclaim that the human sciences can proceed only by understanding the deepest meaning of the subject and his tradition. (shrink)
I would like to suggest another way to go further toward a new economy of power relations, a way which is more empirical, more directly related to our present situation, and which implies more relations between theory and practice. It consists of taking the forms of resistance against different forms of power as a starting point. To use another metaphor, t consists of using this resistance as a chemical catalyst so as to bring to light power relations, locate their position, (...) and find out their point of application and the methods used. Rather than analyzing power from the point of view of its internal rationality, it consists of analyzing power relations through the antagonism of strategies.[…]Let us come back to the definition of the exercise of power as a way in which certain actions may structure the field of other possible actions. What, therefore, would be proper to a relationship of power is that it be a mode of action upon actions. That is to say, power relations are rooted deep in the social nexus, not reconstituted "above" society as a supplementary structure whose radical effacement one could perhaps dream of. In any case, to live in a society is to live in such a way that action upon other actions is possible-- and in fact ongoing. A society without power relations can only be an abstraction. Which, be it said in passing, makes all the more politically necessary the analysis of power relations in a given society, their historical formation, the source of their strength or fragility, the conditions which are necessary to transform some or to abolish others. For to say that there cannot be a society without power relations is not to say either that those which are established are necessary or, in any case, that power constitutes a fatality at the heart of societies, such that it cannot be undermined. Instead, I would say that the analysis, elaboration, and bringing into question of power relations and the "agonism" between power relations and the instransitivity of freedom is a permanent political task inherent in all social existence.[…]In effect, between a relationship of power and a strategy of struggle there is a reciprocal appeal, a perpetual linking and a perpetual reversal. At every moment the relationship of power may become a confrontation between two adversaries. Equally, the relationship between adversaries in society may, at every moment, give place to the putting into operation of mechanisms of power. The consequence of this instability is the ability to decipher the same events and the same transformations either from inside the history of struggle or from the standpoint of the power relationships. The interpretations which result will not consist of the same elements of meaning or the same links or the same types of intelligibility, although they refer to the same historical fabric, and each of the two analyses must have reference to the other. In fact, it is precisely the disparities between the two readings which make visible those fundamental phenomena of "domination" which are present in a large number of human societies.Michel Foucault has been teaching at the Collège de France since 1970. His works include Madness and Civilization , The Birth of the Clinic , Discipline and Punish , and History of Sexuality , the first volume of a projected five-volume study. (shrink)
Marking a major development in Foucault's thinking, this book derives from the lecture course which he gave at the Collège de France between January and April, 1978. Taking as his starting point the notion of "bio-power," introduced in his 1976 course Society Must be Defended , Foucault sets out to study the foundations of this new technology of power over population. Distinct from punitive, disciplinary systems, the mechanisms of power are here finely entwined with the technologies of security, and it (...) is to 18th century developments of these technologies with which the first chapters of the book are concerned. By the fourth lecture however Foucault's attention turns, focusing on a history of "governmentality" from the first centuries of the Christian era to the emergence of the modern nation state. As Michel Sennelart explains in his afterword, the effect of this change of direction is to "shift the center of gravity of the lectures from the question of biopower to that of government, to such an extent that the former almost entirely eclipses the former ..." Consequently, in light of Foucault's later work, it is tempting to see these lectures as the moment of a radical turning point at which the transition to the problematic of the "government of self and others" would begin. (shrink)
Politics, Philosophy, Culture contains a rich selection of interviews and other writings by the late Michel Foucault. Drawing upon his revolutionary concept of power as well as his critique of the institutions that organize social life, Foucault discusses literature, music, and the power of art while also examining concrete issues such as the Left in contemporary France, the social security system, the penal system, homosexuality, madness, and the Iranian Revolution.
This book directly challenges the notion that the election of Barack Obama signals a new era of colorblindness. Michelle Alexander argues that "we have not ended racial caste in America; we have merely redesigned it." By targeting black men through the War on Drugs and decimating communities of color, the U.S. criminal justice system functions as a contemporary system of racial control---relegating millions to a permanent second-class status---even as it formally adheres to the principle of colorblindness.
The Hermeneutics of the Subject is the third volume in the collection of Michel Foucault's lectures at the College de France, one of the world's most prestigious institutions. Faculty at the college give public lectures, in which they can present works-in-progress on any subject of their choosing. Foucault's were more speculative and free-ranging than the arguments of such groundbreaking works as The History of Sexuality or Madness and Civilization . In the lectures comprising this volume, Foucault focuses upon the ways (...) the "self" and consequently "self-study" have been conceived since the days of antiquity, starting with Socrates. Definitions and conceptions of "self-study" in Greek and Roman literature, Foucault argues, remain in force today, and underlie modern interpretations of the self. Engaging, engrossing, and provocative, The Hermeneutics of the Subject reveals Foucault at the height of his powers. (shrink)
An examination of the relation between war and politics, by one of the twentieth century’s most influential thinkers From 1971 until 1984 at the College de France, Michel Foucault gave a series of lectures ranging freely and conversationally over the range of his research. In Society Must Be Defended , Foucault deals with the emergence in the early seventeenth century of a new understanding of war as the permanent basis of all institutions of power, a hidden presence within society that (...) could be deciphered by an historical analysis. Tracing this development, Foucault outlines the genealogy of power and knowledge that had become his dominant concern. (shrink)
Michelle Kosch examines the conceptions of free will and the foundations of ethics in the work of Kant, Schelling, and Kierkegaard. She seeks to understand the history of German idealism better by looking at it through the lens of these issues, and to understand Kierkegaard better by placing his thought in this context. Kosch argues for a new interpretation of Kierkegaard's theory of agency, that Schelling was a major influence and Kant a major target of criticism, and that both (...) the theory and the criticisms are highly relevant to contemporary debates. (shrink)