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Tom O'Shea
University of Roehampton
  1. Are Workers Dominated?Tom O'Shea - 2019 - Journal of Ethics and Social Philosophy 16 (1).
    This article undertakes a republican analysis of power in the workplace and labour market in order to determine whether workers are dominated by employers. Civic republicans usually take domination to be subjection to an arbitrary power to interfere with choice. But when faced with labour disputes over what choices it is normal for workers to make for themselves, these accounts of domination struggle to determine whether employers possess the power to interfere. I propose an alternative capabilitarian conception of domination as (...)
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  2. Disability and Domination: Lessons From Republican Political Philosophy.Tom O'Shea - 2018 - Journal of Applied Philosophy 35 (1):133-148.
    The republican ideal of non-domination identifies the capacity for arbitrary interference as a fundamental threat to liberty that can generate fearful uncertainty and servility in those dominated. I argue that republican accounts of domination can provide a powerful analysis of the nature of legal and institutional power that is encountered by people with mental disorders or cognitive disabilities. In doing so, I demonstrate that non-domination is an ideal which is pertinent, distinctive, and desirable in thinking through psychological disability. Finally, I (...)
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  3.  65
    Godless Conscience.Tom O'Shea - forthcoming - European Journal for Philosophy of Religion.
    John Cottingham suggests that “only a traditional theistic framework may be adequate for doing justice to the role of conscience in our lives.” Two main reasons for endorsing this proposition are assessed: the religious origins of conscience, and the need to explain its normative authority. I argue that Graeco-Roman conceptions of conscience cast doubt on this first historical claim, and that secular moral realisms can account for the obligatoriness of conscience. Nevertheless, the recognition of the need for an objective foundation (...)
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  4. Radical Republicanism and the Future of Work.Tom O'Shea - 2021 - Theory and Event 24 (4):1050-1067.
    I develop a socialist republican conception of economic liberty and show how it can be used to understand the domination of workers. It holds that both paid and unpaid workers can be deprived of economic freedom when they are exposed to an arbitrary power to undermine their access to the economic capabilities needed for civic equality. Measures intended to reduce domination are recommended, including public ownership of productive property, workplace democracy, and robust unconditional basic income and services. Finally, I discuss (...)
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  5.  31
    Hidden Substance: Mental Disorder as a Challenge to Normatively Neutral Accounts of Autonomy.Fabian Freyenhagen & Tom O'Shea - 2013 - International Journal of Law in Context 9 (1):53-70.
    Mental capacity and autonomy are often understood to be normatively neutral? the only values or other norms they may presuppose are those the assessed person does or would accept. We show how mental disorder threatens normatively neutral accounts of autonomy. These accounts produce false positives, particularly in the case of disorders that affect evaluative abilities. Two normatively neutral strategies for handling autonomy-undermining disorder are explored and rejected: a blanket exclusion of mental disorder, and functional tests requiring consistency, expression of identity, (...)
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  6. A Law of One's Own: Self‐Legislation and Radical Kantian Constructivism.Tom O'Shea - 2015 - European Journal of Philosophy 23 (4):1153-1173.
    Radical constructivists appeal to self-legislation in arguing that rational agents are the ultimate sources of normative authority over themselves. I chart the roots of radical constructivism and argue that its two leading Kantian proponents are unable to defend an account of self-legislation as the fundamental source of practical normativity without this legislation collapsing into a fatal arbitrariness. Christine Korsgaard cannot adequately justify the critical resources which agents use to navigate their practical identities. This leaves her account riven between rigorism and (...)
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  7.  26
    Civic Republican Medical Ethics.Tom O'Shea - 2017 - Journal of Medical Ethics 43 (1):56-59.
    This article develops a civic republican approach to medical ethics. It outlines civic republican concerns about the domination that arises from subjection to an arbitrary power of interference, while suggesting republican remedies to such domination in healthcare. These include proposals for greater review, challenge and pre-authorisation of medical power. It extends this analysis by providing a civic republican account of assistive arbitrary power, showing how it can create similar problems within both formal and informal relationships of care, and offering strategies (...)
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  8. Consent: Historical Perspectives in Medical Ethics.Tom O'Shea - 2018 - In Andreas Müller & Peter Schaber (eds.), Routledge Handbook of the Ethics of Consent. London: Routledge. pp. 261-271.
    This chapter provides an outline of consent in the history of medical ethics. In doing so, it ranges over attitudes towards consent in medicine in ancient Greece, medieval Europe and the Middle East, as well as the history of Western law and medical ethics from the early modern period onwards. It considers the relationship between consent and both the disclosure of information to patients and the need to indemnify physicians, while attempting to avoid an anachronistic projection of concern with patient (...)
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  9. A Civic Republican Analysis of Mental Capacity Law.Tom O'Shea - 2018 - Legal Studies 1 (38):147-163.
    This article draws upon the civic republican tradition to offer new conceptual resources for the normative assessment of mental capacity law. The republican conception of liberty as non-domination is used to identify ways in which such laws generate arbitrary power that can underpin relationships of servility and insecurity. It also shows how non-domination provides a basis for critiquing legal tests of decision-making that rely upon ‘diagnostic’ rather than ‘functional’ criteria. In response, two main civic republican strategies are recommended for securing (...)
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  10.  26
    Civic Republican Disability Justice.Tom O'Shea - 2018 - Oxford Handbook of Philosophy and Disability.
    This chapter develops a civic republican approach to disability justice. It begins by articulating a republican account of liberty as nondomination before showing how such domination can shape the relationships of people with disabilities. This leads to a consideration of whether disability justice can be defined in terms of maximizing or sufficient nondomination. Instead, the chapter provides a civic framework within which republican disability justice can be understood, encompassing both the absence of oppressive relationships and the presence of capabilities of (...)
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  11.  14
    An Unblinkered View of Best Interests.Wayne Martin, Fabian Freyenhagen, Elizabeth Hall, Tom O'Shea, Antal Szerletics & Vivienne Ashley - 2012 - British Medical Journal 1 (345):1-3.
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    Autonomy and Mental Disorder, Edited by Lubomira Radoilska. Oxford: Oxford University Press, 2012, Xli + 285 Pp. ISBN 978‐0‐19‐959542‐6 Pb £41.99. [REVIEW]Tom O'Shea - 2017 - European Journal of Philosophy 25 (2):564-569.
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  13.  21
    German Idealism: Contemporary Perspectives. [REVIEW]Tom O'Shea - 2009 - British Journal for the History of Philosophy 17 (2):440-444.