A contemporary examination of the past, present, and future of Marxist philosophy.

Picking up the question of what FLaK might be, this editorial considers the relationship between openness and closure in feminist legal studies. How do we draw on feminist struggles for openness in common resources, from security to knowledge, as we inhabit a compromised space in commercial publishing? We think about this first in relation to the content of this issue: on image-based abuse continuums, asylum struggles, trials of protestors, customary justice, and not-so-timely reparations. Our thoughts take us through the different (...) ways that openness and closure work in struggles against violence, cruel welcomes, and re-arrangements of code and custom. Secondly, we share some reflections on methodological openness and closure as the roundtable conversation on asylum, and the interview with Riles, remind us of #FLaK2016 and its method of scattering sources as we think about how best to mix knowledges. Thirdly, prompted by the FLaK kitchen table conversations on openness, publishing and ‘getting the word out’, we respond to Kember’s call to ‘open up open access’. We explain the different current arrangements for opening up FLS content and how green open access, the sharedit initiative, author request and publisher discretion present alternatives to gold open access. Finally drawing on Franklin and Spade, we show how there are a range of ‘wench tactics’—adapting gifts, stalling and resting—which we deploy as academic editors who are trying to have an impact on the access, use and circulation of our journal, even though we do not own the journal we edit. These wench tactics are alternatives to the more obvious or reported tactic of resignation, or withdrawing academic labour from editing and reviewing altogether. They help us think about brewing editorial time, what ambivalence over our 25th birthday might mean, and how to inhabit painful places. In this, we respond in our own impure, compromised way to da Silva’s call not to forget the native and slave as we do FLaK, and repurpose shrapnel, in our common commitments. (shrink)

BackgroundAn increasing number of studies utilize intracranial electrophysiology in human subjects to advance basic neuroscience knowledge. However, the use of neurosurgical patients as human research subjects raises important ethical considerations, particularly regarding informed consent and undue influence, as well as subjects’ motivations for participation. Yet a thorough empirical examination of these issues in a participant population has been lacking. The present study therefore aimed to empirically investigate ethical concerns regarding informed consent and voluntariness in Parkinson’s disease patients undergoing deep brain (...) stimulator (DBS) placement who participated in an intraoperative neuroscience study.MethodsTwo semi-structured 30-minute interviews were conducted preoperatively and postoperatively via telephone. Interviews assessed participants’ motivations for participation in the parent intraoperative study, recall of information presented during the informed consent process, and participants’ postoperative reflections on the research study.ResultsTwenty-two participants (mean age = 60.9) completed preoperative interviews at a mean of 7.8 days following informed consent and a mean of 5.2 days prior to DBS surgery. Twenty participants completed postoperative interviews at a mean of 5 weeks following surgery. All participants cited altruism or advancing medical science as “very important” or “important” in their decision to participate in the study. Only 22.7% (n = 5) correctly recalled one of the two risks of the study. Correct recall of other aspects of the informed consent was poor (36.4% for study purpose; 50.0% for study protocol; 36.4% for study benefits). All correctly understood that the study would not confer a direct therapeutic benefit to them.ConclusionEven though research coordinators were properly trained and the informed consent was administered according to protocol, participants demonstrated poor retention of study information. While intraoperative studies that aim to advance neuroscience knowledge represent a unique opportunity to gain fundamental scientific knowledge, improved standards for the informed consent process can help facilitate their ethical implementation. (shrink)

These days, American politicians are loath to cite biblical passages for fear of being charged with breaching the wall between church and state. There was a time when a presidential candidate could claim that a certain monetary policy would “crucify us on a cross of gold.” This kind of rhetoric is now taboo. America's national leaders even avoid quoting the religious phrases from the Declaration of Independence, particularly its references to the “Creator” or “Nature's God.” Although in the past some (...) of the greatest American political oratory—Abraham Lincoln at Gettysburg or Martin Luther King, Jr., at the Lincoln Memorial —relied unashamedly on biblical sources and imagery, it is no longer considered acceptable to argue publicly in the language of either the Hebrew or Christian Bibles. However religious American society might still be today, political rhetoric is noticeably nonreligious. (shrink)

This chapter is divided into three parts. First I outline what makes something an objective list theory of well-being. I then go on to look at the motivations for holding such a view before turning to objections to these theories of well-being.

Claims about needs are a ubiquitous feature of everyday practical discourse. It is therefore unsurprising that needs have long been a topic of interest in moral philosophy, applied ethics, and political philosophy. Philosophers have devoted much time and energy to developing theories of the nature of human needs and the like. -/- Philosophers working on needs are typically committed to the idea that there are different kinds of needs and that within the different kinds of needs is a privileged class (...) of needs that is especially normatively significant. -/- Some philosophers go further and make rather grand claims about needs. They claim that needs are central or fundamental to moral thinking and that we must have a needs-centred moral theory or a general reorientation of moral philosophy around needs. -/- In this paper I aim to do two things. First, to show how applying recent work on modal terms can help us to understand thought and talk about needs. This is the positive part. I then use these ideas to cast doubt on the more ambitious claims about needs. Put briefly, a proper understanding of claims about needs undermines the idea that the concept of needs is fundamental in moral thought or in moral philosophy. Ambitious needs theory fails. (shrink)

This is a new edition of Joseph Fletcher's 1966 work that ignited a firestorm of controversy at the time of its publication.

A welcome addition to the Routledge Critical Thinkers series, Judith Butler is the first guidebook on this renowned feminist and queer theory scholar, which will help not only students of literary criticism but also students of law, sociology, philosophy, film and cultural studies. Examining Butler's work through a variety of contexts, including the formation of gender performativity, identity and subjecthood, Sarah Salih address Butler's crucial ideas on the gender agenda, the body, pornography, race, gay self-expression and power and psychoanalysis. Concluding (...) with an annotated bibliography, this book will be the ideal starting point for all new to Butler. (shrink)

Hastings Center Report, Volume 52, Issue S1, Page S3-S11, March‐April 2022.

This chapter develops an alternative to the dominant articulation of human existence on the basis of classical phenomenology, arguing that Edmund Husserl's phenomenological inquiries into the structures of embodiment provide a very different and more fruitful starting point for the investigation of sexual difference than the ideas of social gender and biological sex. The ways of classifying sex and gender characteristics mark them out on several different conceptual bases, and thus their categories may not correspond or coincide. Moreover historical and (...) biological inquiries indicate that the dimorphic notion of sex is prescriptive and constructive. Finally the sex/gender paradigm is dominated by the explanatory framework of causes and effects. The phenomenological analysis shows that the causal-functional framework is inadequate for the investigation of the plurality of the bodily existence and sexual difference as a dimension of this existence. In the light of the explication of the concepts of sex and gender, and the phenomenological analysis of embodiment, the sex/gender paradigm cannot offer a basis for a comprehensive philosophy of sexual existence. (shrink)

This is a reprint of a book first published by Little, Brown in 1978. George Fletcher is working on a new edition, which will be published by Oxford in three volumes, the first of which is scheduled to appear in January of 2001. Rethinking Criminal Law is still perhaps the most influential and often cited theoretical work on American criminal law. This reprint will keep this classic work available until the new edition can be published.

In this paper I argue that the Canberra Plan is ill-equipped to offer a satisfactory theory of gender. Insofar as the Canberra Plan aims to provide a general and unified approach to philosophical theorising, this is a significant problem. I argue that this deficit in their method stems from the robust role assigned to pre-theoretical beliefs in constructing philosophical analyses. I utilise a critical conception of ideology to explain why our pre-theoretic beliefs about certain social kinds are likely to deliver (...) politically dubious metaphysics of the social world. The first half of the paper is dedicated to exercising this theoretical shortcoming. In the second half, I suggest a way in which the Canberra Plan can address and rectify this problem, with a view to maintaining the theoretical viability of the Canberra Plan with respect to politically important concepts. (shrink)

This paper gives a framework for understanding causal counterpossibles, counterfactuals imbued with causal content whose antecedents appeal to metaphysically impossible worlds. Such statements are generated by omissive causal claims that appeal to metaphysically impossible events, such as “If the mathematician had not failed to prove that 2+2=5, the math textbooks would not have remained intact.” After providing an account of impossible omissions, the paper argues for three claims: (i) impossible omissions play a causal role in the actual world, (ii) causal (...) counterpossibles have broad applications in philosophy, and (iii) the truth of causal counterpossibles provides evidence for the nonvacuity of counterpossibles more generally. (shrink)

Recent national calls for ethical, legal, and social implications (ELSI) research to “assess and address how ethical, historical, social, economic, legal, regulatory, socio-cultural, and contextual...

The Covid‐19 pandemic has revealed myriad social, economic, and health inequities that disproportionately burden populations that have been made medically or socially vulnerable. Inspired by state and local governments that declared racism a public health crisis or emergency, the Anti‐Racism in Public Health Act of 2020 reflects a shifting paradigm in which racism is considered a social determinant of health. Indeed, health inequities fundamentally rooted in structural racism have been exacerbated by the Covid‐19 pandemic, which calls for the integration of (...) antiracist praxis to promote ethical public health research processes. This commentary describes ways in which antiracist praxis—which emphasizes empowerment of traditionally marginalized populations—offers strategies to explicitly address power imbalance, stigmatization, and other consequences of structural racism in public health research. (shrink)

This volume is a wonderful introduction to Foucault and a testimony to the deep humanity of the man himself.

Feminism is sensational -- On being directed -- Willfulness and feminist subjectivity -- Trying to transform -- Being in question -- Brick walls -- Fragile connections -- Feminist snap -- Lesbian feminism -- Conclusion 1: A killjoy survival kit -- Conclusion 2: A killjoy manifesto.

Introduction: find your way -- Orientations toward objects -- Sexual orientation -- The orient and other others -- Conclusion: disorientation and queer objects.

In this one-of-a-kind text, George P. Fletcher, a renowned legal theorist, offers a provocative yet accessible overview of the basics of legal thought. The first section of the book is designed to introduce the reader to fundamental concepts such as the rule of law and deciding cases under the law. It continues with an analysis of the values of justice, desert, consent, and equality, as they figure into our judgment of legal cultures in terms of soundness and legitimacy. The (...) final chapters address the problems of morality and consistency in the law. In each case the author not only introduces the basic ideas but considers important arguments in the contemporary literature and raises original claims of his own. Ideally suited for courses in the philosophy of law, legal issues, and jurisprudence, Basic Concepts of Legal Thought fills a void in the literature, as there is no other volume that both eases law students into the mysteries of legal philosophy and provides an introduction to the legal mind for non-lawyers. (shrink)

The social categories to which we belong—Latino, disabled, American, woman— causally influence our lives in deep and unavoidable ways. One might be pulled over by police because one is Latino, or one might receive a COVID vaccine sooner because one is American. Membership in these social categories most often falls outside of our control. This paper argues that membership in social categories constitutes a restriction on human agency, creating a situation of non-ideal agency for many human individuals. -/- However, there (...) are ways to resist the causal influence of social categories, and certain socially marginalized groups can be understood as attempting to do just this. I discuss two instances of social category resistance: gender pronouns and the rights of trans individuals. I suggest that the intentional declaration of gender pronouns (“she/her” or “they/them”) can be understood as an attempt to resist the causal powers of nonconsensual social categorization. Similarly, one among many reasons to support the rights of trans individuals is that their self-declarations of gender identity can be viewed as a reclamation of agency in the face of causal constraints imposed by socially defined and imposed gender categories. This lesson can be generalized to people belonging to a broad range of marginalized groups. (shrink)

It is impossible to imagine contemporary critical theory without the work of Michel Foucault. His radical reworkings of the concepts of power, knowledge, discourse and identity have influenced the widest possible range of theories and impacted upon disciplinary fields from literary studies to anthropology. Aimed at students approaching Foucault's texts for the first time, this volume offers: * an examination of Foucault's contexts * a guide to his key ideas * an overview of responses to his work * practical hints (...) on 'using Foucault' * an annotated guide to his most influential works * suggestions for further reading. Challenging not just what we think but how we think, Foucault's work remains the subject of heated debate. Sara Mills' Michel Foucault offers an introduction to both the ideas and the debate, fully equipping student readers for an encounter with this most influential of thinkers. (shrink)

Erasmus' preface reviewed (section 1) -- Erasmus' skepticism (sections 2-6) -- The necessity of knowing God and his power (sections 7-8) -- The sovereignty of God (sections 9-27) -- Exordium (sections 28-40) -- Discussion : first part (sections 41-75) -- Discussion : second part (sections 76-134) -- Discussion : third part (sections 135-166) -- Conclusion (sections 167-168).

Every day nurses are required to make ethical decisions in the course of caring for their patients. Ethics in Nursing Practice provides the background necessary to understand ethical decision making and its implications for patient care. The authors focus on the individual nurse’s responsibilities, as well as considering the wider issues affecting patients, colleagues and society as a whole. This third edition is fully updated, and takes into account recent changes in ICN position statements, WHO documents, as well as addressing (...) current issues in healthcare, such as providing for the health and care needs of refugees and asylum seekers, bioethics and the enforcement of nursing codes. (shrink)

In this paper I will show the problems that are encountered when dealing with uniqueness of connectives in a bilateralist setting within the larger framework of proof-theoretic semantics and suggest a solution. Therefore, the logic 2Int is suitable, for which I introduce a sequent calculus system, displaying - just like the corresponding natural deduction system - a consequence relation for provability as well as one dual to provability. I will propose a modified characterization of uniqueness incorporating such a duality of (...) consequence relations, with which we can maintain uniqueness in a bilateralist setting. (shrink)

We intend to analyse the materialistic approach to the category of totality developed by Marx, namely in its theoretical application to the dialectical interpretation of the concept of production in the capitalist economic system.

The Routledge Handbook of Women and Ancient Greek Philosophy is an essential reference source for cutting-edge scholarship on women, gender, and philosophy in Greek antiquity. The volume features original research that crosses disciplines, offering readers an accessible guide to new methods, new sources, and new questions in the study of ancient Greek philosophy and its multiple afterlives. Comprising 40 chapters from a diverse international group of experts, the Handbook considers questions about women and gender in sources from Greek antiquity spanning (...) the period from 7th c. BCE to 2nd c. BCE, and in receptions of Greek antiquity from the Roman Imperial period, through the European Renaissance to the current day. Chapters are organized into five major sections: I. Early Greek antiquity – including Sappho, Presocratic philosophy, Sophists, and Greek tragedy – 700s–400s BCE II. Classical Greek antiquity – including Aeschines, Plato, and Xenophon – 400s–300s BCE III. Late Classical Greek to Hellenistic antiquity – including Cyrenaics, Cynics, the Hippocratic corpus, and Aristotle – 300s–200s BCE IV. Late Greek antiquity to Roman Imperial period – including Pythagorean women, Stoics, Pyrrhonian Skeptics, and late Platonists – 200s BCE to 700s CE V. Later receptions – including Shakespeare, the European Renaissance, Anna Julia Cooper, W.E.B. DuBois, Jane Harrison, Sarah Kofman, and Toni Morrison The Routledge Handbook of Women and Ancient Greek Philosophy is a vital resource for students and scholars in philosophy, Classics, and gender studies who want to gain a deeper understanding of philosophy’s rich past and explore sources and questions beyond the traditional canon. The volume is a valuable resource, as well, for students and scholars from history, humanities, literature, political science, religious studies, rhetorical studies, theatre, and LGBTQ and sexuality studies. (shrink)

Differences That Matter challenges existing ways of theorising the relationship between feminism and postmodernism which ask 'is or should feminism be modern or postmodern?' Sara Ahmed suggests that postmodernism has been allowed to dictate feminist debates and calls instead for feminist theorists to speak (back) to postmodernism, rather than simply speak on (their relationship to) it. Such a 'speaking back' involves a refusal to position postmodernism as a generalisable condition of the world and requires closer readings of what postmodernism (...) is actually 'doing' in a variety of disciplinary contexts. Sara Ahmed hence examines constructions of postmodernism in relation to rights, ethics, subjectivity, authorship, meta-fiction and film. (shrink)

Mental simulation — such as imagining tilting a glass to figure out the angle at which water would spill — can be a way of coming to know the answer to an internally or externally posed query. Is this form of learning a species of inference or a form of observation? We argue that it is neither: learning through simulation is a genuinely distinct form of learning. On our account, simulation can provide knowledge of the answer to a query even (...) when the basis for that answer is opaque to the learner. Moreover, through repeated simulation, the learner can reduce this opacity, supporting self-training and the acquisition of more accurate models of the world. Simulation is thus an essential part of the story of how creatures like us become effective learners and knowers. (shrink)

_The Promise of Happiness_ is a provocative cultural critique of the imperative to be happy. It asks what follows when we make our desires and even our own happiness conditional on the happiness of others: “I just want you to be happy”; “I’m happy if you’re happy.” Combining philosophy and feminist cultural studies, Sara Ahmed reveals the affective and moral work performed by the “happiness duty,” the expectation that we will be made happy by taking part in that which (...) is deemed good, and that by being happy ourselves, we will make others happy. Ahmed maintains that happiness is a promise that directs us toward certain life choices and away from others. Happiness is promised to those willing to live their lives in the right way. Ahmed draws on the intellectual history of happiness, from classical accounts of ethics as the good life, through seventeenth-century writings on affect and the passions, eighteenth-century debates on virtue and education, and nineteenth-century utilitarianism. She engages with feminist, antiracist, and queer critics who have shown how happiness is used to justify social oppression, and how challenging oppression causes unhappiness. Reading novels and films including_ Mrs. Dalloway_, _The Well of Loneliness_, _Bend It Like Beckham_, and _Children of Men_, Ahmed considers the plight of the figures who challenge and are challenged by the attribution of happiness to particular objects or social ideals: the feminist killjoy, the unhappy queer, the angry black woman, and the melancholic migrant. Through her readings she raises critical questions about the moral order imposed by the injunction to be happy. (shrink)

The paper suggests that we can usefully approach whiteness through the lens of phenomenology. Whiteness could be described as an ongoing and unfinished history, which orientates bodies in specific directions, affecting how they `take up' space, and what they `can do'. The paper considers how whiteness functions as a habit, even a bad habit, which becomes a background to social action. The paper draws on experiences of inhabiting a white world as a non-white body, and explores how whiteness becomes worldly (...) through the noticeability of the arrival of some bodies more than others. A phenomenology of whiteness helps us to notice institutional habits; it brings what is behind to the surface in a certain way. (shrink)

A classic and fraught question in the philosophy of film is this: when you watch a film, do you experience yourself in the world of the film, observing the scenes? In this paper, we argue that this subject of film experience is sometimes a mere impersonal viewpoint, sometimes a first-personal but unindexed subject, and sometimes a particular, indexed subject such as the viewer herself or a character in the film. We first argue for subject pluralism: there is no single answer (...) to the question of what kind of subjectivity, if any, is mandated across film sequences. Then, we defend unindexed subjectivity: at least sometimes, films mandate an experience that is first-personal but not tied to any particular person, not even to the viewer. Taken together, these two theses allow us to see film experience as more varied than previously appreciated and to bridge in a novel way the cognition of film with the exercise of other imaginative capacities, such as mindreading and episodic recollecting. (shrink)

Many philosophers hypothesize that our concept of personal identity is partly constituted by the one-person-one-place rule, which states that a person can only be in one place at a time. This hypothesis has been assumed by the most influential contemporary work on personal identity. In this paper, we report a series of studies testing whether the hypothesis is true. In these studies, people consistently judged that the same person existed in two different places at the same time. This result undermines (...) some widely held philosophical assumptions, supports others, and fits well with recent discoveries on identity judgments about inanimate objects and non-human animals. (shrink)

Angus Fletcher is one of our finest theorists of the arts, the heir to I. A. Richards, Erich Auerbach, Northrop Frye. This, his grandest book since the groundbreaking Allegory of 1964, aims to open another field of study: how thought--the act, the experience of thinking--is represented in literature. Recognizing that the field of formal philosophy is only one demonstration of the uses of thought, Fletcher looks for the ways other languages (and their framing forms) serve the purpose of (...) certain thinking activities. What kinds of thinking accompany the writing of history? How does the gnomic sentence manage to represent some point of belief? The fresh insights Fletcher achieves at every turn suggest an anatomy of poetic and fictional strategies for representing thought--the hazards, the complications, the sufferings, the romance of thought. Fletcher's resources are large, and his step is sure. The reader samples his piercing vision of Milton's Satan, the original Thinker, leaving the pain of thinking as his legacy for mankind; Marvell's mysteriously haunting "green thought in a green shade"; Old Testament and Herodotus, Vico and Coleridge; Crane, Calvino, Stevens. Fletcher ranges over the heights of literature, poetry, music, and film, never losing sight of his central line of inquiry. He includes comments on the essential role of unclear, vague, and even irrational thinking to suggest that ideas often come alive as thoughts only in a process of considerable distress. In the end he gives us literature--not the content of thought, but its form, its shape, the fugitive colors taken on by the mind as represented in art. (shrink)

In this one-of-a-kind text, George P. Fletcher, a renowned legal theorist, offers a provocative yet accessible overview of the basics of legal thought. The first section of the book is designed to introduce the reader to fundamental concepts such as the rule of law and deciding cases under the law. It continues with an analysis of the values of justice, desert, consent, and equality, as they figure into our judgment of legal cultures in terms of soundness and legitimacy. The (...) final chapters address the problems of morality and consistency in the law. In each case the author not only introduces the basic ideas but considers important arguments in the contemporary literature and raises original claims of his own. Ideally suited for courses in the philosophy of law, legal issues, and jurisprudence, Basic Concepts of Legal Thought fills a void in the literature, as there is no other volume that both eases law students into the mysteries of legal philosophy and provides an introduction to the legal mind for non-lawyers. (shrink)

In the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet policy. As commonalities among countries and states disintegrate, how are we to view the basic concepts of criminal law as a whole? Eminent (...) legal scholar George Fletcher acknowledges that criminal law is becoming increasingly localized, with every country and state adopting their own conception of punishable behavior, determining their own definitions of offenses. Yet by taking a step back from the details and linguistic variations of the criminal codes, Fletcher is able to perceive an underlying unity among diverse systems of criminal justice. Challenging common assumptions, he discovers a unity that emerges not on the surface of statutory rules and case law but in the underlying debates that inform them. Basic Concepts of Criminal Law identifies a set of twelve distinctions that shape and guide the controversies that inevitably break out in every system of criminal justice. Devoting a chapter to each of these twelve concepts, Fletcher maps out what he considers to be the deep structure of all systems of criminal law. Understanding these distinctions will not only enable students to appreciate the universal fundamental ideas of criminal law, but will enable them to understand the significance of local details and variations. This accessible illustration of the unity of diverse systems of criminal justice will provoke and inform students and scholars of law and the philosophy of law, as well as lawyers seeking a better understanding of the law they practice. (shrink)

Scholars have long puzzled about how to reconcile the proposal in Republic V that women should share the education and work of men, including ruling, with the deeply misogynistic comments found in the Republic and throughout Plato’s corpus. Even those who doubt that the proposal represents a sincere recognition of the women’s equality with men must provide a plausible explanation for this radical departure from the norms of Plato’s day. Taking inspiration from Annie Larivée’s application of Michèle Le Doeuff’s notion (...) of déshérence to the Republic and the Politicus, I argue that a new appreciation of the importance of childrearing motivates the reimagination of women’s work in the Republic. On this reading, the transformation of childrearing from a private undertaking of mostly women to a shared responsibility of the city as a whole protects young children from moral corruption at the hands of uneducated and morally inferior mothers and nurses. (shrink)

This paper develops and articulates a metaphysics of intersectionality, the idea that multiple axes of social oppression cross-cut each other. Though intersectionality is often described through metaphor, theories of intersectionality can be formulated using the tools of contemporary analytic metaphysics. A central tenet of intersectionality theory, that intersectional identities are inseparable, can be framed in terms of explanatory unity. Further, intersectionality is best understood as metaphysical and explanatory priority of the intersectional category over its constituents, akin to metaphysical priority of (...) the whole over its parts. (shrink)

Debates over what is fundamental assume that what is most fundamental must be either a “top” level (roughly, the biggest or highest-level thing), or a “bottom” level (roughly, the smallest or lowest-level things). Here I sketch an alternative to top-ism and bottom-ism, the view that a middle level could be the most fundamental, and argue for its plausibility. I then suggest that the view satisfies the desiderata of asymmetry, irreflexivity, transitivity, and well-foundedness of fundamentality, that the view has explanatory power (...) on par with that of top-ism and bottom-ism, and that it satisfies the Principle of Sufficient Reason. (shrink)