Fact-finding hearings may be held to determine disputed allegations of domestic violence in child contact cases in England and Wales, and can play a vital role for mothers seeking protection and autonomy from violent fathers. Drawing on the author’s empirical study, this article examines the implications for the holding of fact-finding hearings of judges’ and professionals’ understandings of domestic violence and the extent to which they perceive it to be relevant to contact. While more judges and professionals are developing their (...) understanding of domestic violence, the ambit of when and how it is considered relevant to contact has grown increasingly narrow, which suggests that many disputed allegations of domestic violence are disregarded and women and children continue to be put at risk from violent fathers. This bifurcated approach is likely to have significant implications for recent developments in this area of family law which are considered in this article. (shrink)

This note examines the decision of the Family Division of the High Court in N. v. N. (Jurisdiction: Pre-Nuptial Agreement) in which, in the context of Jewish divorce proceedings, the Court found that it had no jurisdiction to order a husband, by specific performance of a marriage agreement, to go through the procedure to obtain a ‘get’ (a hand-written bill of divorcement) allowing his wife to remarry. First, discussion of the case is contextualised broadly within the debate on the (de)merits (...) of employing legal means in order to redress social wrongs. Secondly, adopting a theoretical perspective upon the difficulties involved in using law to achieve social change, the note goes on to examine more specifically why women from minority cultures may choose to go to the law of the dominant culture in order to obtain relief. (shrink)

I. Introduction Two kinds of remedies have traditionally been employed for breach of contract: legal relief and equitable relief. Legal relief normally takes the form of money damages. Equitable relief normally consists either of specific performance or an injunction – that is, the party in breach may be ordered to perform an act or to refrain from performing an act. In this article I will use a “consent theory of contract” to assess the choice between money damages and specific performance. (...) According to such a theory, contractual obligation is dependent on more fundamental entitlements of the parties and arises as a result of the parties' consent to transfer alienable rights. My thesis will be that the normal rule favoring money damages should be replaced with one that presumptively favors specific performance unless the parties have consented to money damages instead. The principal obstacle to such an approach is the reluctance of courts to specifically enforce contracts for personal services. The philosophical distinction between alienable and inalienable rights bolsters this historical reticence, since a right to personal services may be seen as inalienable. I will then explain why, if the subject matter of a contract for personal services is properly confined to an alienable right to money damages for failure to perform, specific enforcement of such contracts is no longer problematic. Finally, I shall consider whether the subject matter of contracts for corporate services is properly confined to money damages like contracts for personal services, or whether performance of corporate services can be made the subject of a valid rights transfer and judicially compelled in the same manner as contracts for external resources. (shrink)

Despite both positive and negative perceptions of the current state of higher education, the contemporary debate over what it is to be a university is limited. Most of all, it is limited imaginatively. The range of imagined options is narrow. The imagination has not been given anything even approaching a wide scope. As a result, our sense as to what a university could be and could become in the modern age is itself impoverished. If we are seriously to develop a (...) wide range of ideas of the university that is adequate to the challenges of the modern world, the imagination itself needs to be freed. Imagining the University seeks to address each of these sets of issues and will do so by first, identifying a very wide range of ideas of the university as it is now unfolding and could become; secondly, by evaluating those conceptions of the university with a classification of ideas of the university; and thirdly, by reflecting on the imagination itself, its current impoverishment and its possibilities. Whether studying, researching or deciding policy, this book is vital reading to all those involved in the planning and delivery of higher education. (shrink)

Suppose you are on a commercial airplane that is flying at 35,000 feet. Next to you sits a man who appears to be sleeping. In fact, this man has been drugged and put upon the plane without his knowledge or consent. He has never flown on a plane before and, indeed, has no idea what an airplane is. Suddenly the man awakes and looks around him. Terrified by the alien environment in which he finds himself, he searches for a door (...) or window from which to make an escape. As luck would have it, he is seated right next to a window exit and he begins to pull the handle that will open the window. You are aware that opening the window exit at this altitude will cause the cabin to quickly depressurize and that this man, you, and probably several other passengers will be sucked out the window to your deaths. You desperately want to stop him from opening the window. Now assume that for some reason it is impossible to prevent him physically from performing the deadly act. Your only option is to rationally persuade him to leave the window exit alone. You cry out to him and, with both hands on the handles, he turns to face you and waits to hear what you have to say. What sort of argument would you make? (shrink)

The standard foil for recent theories of hope is the belief-desire analysis advocated by Hobbes, Day, Downie, and others. According to this analysis, to hope for S is no more and no less than to desire S while believing S is possible but not certain. Opponents of the belief-desire analysis argue that it fails to capture one or another distinctive feature or function of hope: that hope helps one resist the temptation to despair;2 that hope engages the sophisticated capacities of (...) human agency, such as planning;3 or that hope involves the imagination in ways desire need not.4 Here, I focus on the role of imagination in hope, and discuss its implications for hope’s relation to practical commitment or end-setting. (shrink)

What exactly is hope and how does it influence our decisions? In How We Hope, Adrienne Martin presents a novel account of hope, the motivational resources it presupposes, and its function in our practical lives. She contends that hoping for an outcome means treating certain feelings, plans, and imaginings as justified, and that hope thereby involves sophisticated reflective and conceptual capacities. Martin develops this original perspective on hope--what she calls the "incorporation analysis"--in contrast to the two dominant philosophical conceptions (...) of hope: the orthodox definition, where hoping for an outcome is simply desiring it while thinking it possible, and agent-centered views, where hoping for an outcome is setting oneself to pursue it. In exploring how hope influences our decisions, she establishes that it is not always a positive motivational force and can render us complacent. She also examines the relationship between hope and faith, both religious and secular, and identifies a previously unnoted form of hope: normative or interpersonal hope. When we place normative hope in people, we relate to them as responsible agents and aspire for them to overcome challenges arising from situation or character. Demonstrating that hope merits rigorous philosophical investigation, both in its own right and in virtue of what it reveals about the nature of human emotion and motivation, How We Hope offers an original, sustained look at a largely neglected topic in philosophy. (shrink)

Prevailing opinion—defended by Jason Brennan and others—is that voting to change the outcome is irrational, since although the payoffs of tipping an election can be quite large, the probability of doing so is extraordinarily small. This paper argues that prevailing opinion is incorrect. Voting is shown to be rational so long as two conditions are satisfied: First, the average social benefit of electing the better candidate must be at least twice as great as the individual cost of voting, and second, (...) the chance of casting the decisive vote must be at least 1/N, where N stands for the number of citizens. It is argued that both of these conditions are often true in the real world. (shrink)

The university has lost its way. The world needs the university more than ever but for new reasons. If we are to clarify its new role in the world, we need to find a new vocabulary and a new sense of purpose. The university is faced with supercomplexity, in which our very frames of understanding, action and self-identity are all continually challenged. In such a world, the university has explicitly to take on a dual role: firstly, of compounding supercomplexity, so (...) making the world ever more challenging; and secondly, of enabling us to live effectively in this chaotic world. Internally, too, the university has to become a new kind of organization, adept at fulfilling this dual role. The university has to live by the uncertainty principle: it has to generate uncertainty, to help us live with uncertainty, and even to revel in our uncertainty. Ronald Barnett offers nothing less than a fundamental reworking of the way in which we understand the modern university. Realizing the University is essential reading for all those concerned about the future of higher education. (shrink)

At first glance, Tommy Curry’s project in Another white Man’s Burden may seem like a strange undertaking. While American philosophers have been writing more frequently on Royce over the past decade, he remains a fairly peripheral figure. Those of us in Society for the Advancement of American Philosophy circles may be able to recognize terms like “Beloved Community” or “Loyalty to Loyalty” readily, but we would be hard-pressed to gain an audience for conversations about them at the American Philosophical Association’s (...) regional meetings. Royce rarely ends up on undergraduate syllabuses, and few people read Royce in the greater philosophical community. Royce is not Aristotle, Kant, or even Dewey. He is a... (shrink)

Starting out : ethics issues in beginning a practice -- Clinical practice -- Documentation and record keeping -- Dealing with third parties and protecting confidentiality -- Financial decisions -- Staff training and office policies -- Advertising and marketing -- Continuing professional development -- Leaving a practice -- Closing thoughts.

Meaning in philosophy, by K. Lehrer.--Meaning in linguistics, by A. Lehrer.--Theories of meaning, by W. Alston.--Of names, by J. S. Mill.--Of words, by J. Locke.--Of language, by G. Berkeley.--Signs and behavior situations, by C. Morris.--Meaning and verification, by M. Schlick.--Meaning and use, by R. Wells.--The meaning of a word, by J. Austin.--Meaning and speech acts, by J. R. Searle.--Meaning and linguistic analysis, by C. C. Fries.--The semantic compound of a linguistic description, by J. J. Katz.--Componential analysis and universal semantics, by (...) J. Lyons.--Bibliographical essay (p. 213-216). (shrink)

Ethical or moral assessments are ubiquitous, from the international political arena, where world leaders debate the morality of the U.S.’s invasion of Iraq, to private family interactions, where children accuse their parents of being unfair. In this class, we engage with this essential component of our lives philosophically. Our activity is philosophical in that we seek to understand moral questions before trying to answer them, and our primary aim is always to hone our critical reasoning skills. These skills will serve (...) you well, long after the details of this class have faded from memory. (shrink)

A theory of word meaning developed jointly by Adrienne and Keith Lehrer is summarized, which accommodates the empirical facts of natural languages, especially the diversity of types of words. Reference characterizes the application of words to things, events, properties, etc. and sense the relationship among words and linguistic expressions. Although reference and sense are closely connected, neither can be reduced to the other. We use the metaphor of vectors to show how different, sometimes competing forces interact to provide an (...) understanding of what a word in context means. Topics discussed include vagueness, indeterminacy, the role of experts, possible worlds, pragmatic influences, semantic change, semantic networks, fields, and entailments. A formal theory for understanding the relationship of idiolects, dialects, and communal languages is proposed to account for the dynamic interaction of individuals and communities which occurs continuously. (shrink)

Although the condition known as synaesthesia is currently undergoing a scientific resurgence, to date the literature has largely focused on the heterogeneous nature of synaesthesia across individuals. In order to provide a better understanding of synaesthesia, however, general characteristics need to be investigated. Synaesthetic experiences are often described as occurring ‘internally’ or in the ‘mind’s eye’, which is remarkably similar to how we would describe our experience of visual mental imagery. We assessed the role of visual imagery in synaesthesia by (...) sampling a large group of synaesthetes and found that they report experiencing more vivid mental images than controls. These findings have important implications for our general understanding of synaesthesia and, in particular, emphasize the need to control for visual imagery in behavioural and neuroimaging paradigms. (shrink)

What should we make of someone whose beliefs prevent her from accurately understanding her medical needs and care? Should that person still make her own health care decisions? In fact, she probably lacks decision‐making capacity. But that does not mean she is not competent.

This article defends a theory of diffuse attention and distinguishes it from focal attention. My view is motivated by evidence from psychology and neuroscience, which suggests that we can deploy visual selective attention in at least two ways: by focusing on a small number of items, or by diffusing attention over a group of items taken as a whole. I argue that diffuse attention is selective and can be object‐based. It enables a subject to select an object to guide behavior, (...) albeit in a different way than focusing does. (shrink)

Ronald Barnett pursues this quest through an exploration of pairs of contending concepts that speak to the idea of the university such as space and time; being ...

The “scientific essentialist” doctrine asserts that the following are examples of a posteriori necessary identities: water is H2O; gold is the element with atomic number 79; and heat is the motion of molecules. Evidence in support of this assertion, however, is difficult to find. Both Hilary Putnam and Saul Kripke have argued convincingly for the existence of a posteriori necessities. Furthermore, Kripke has argued for the existence of a posteriori necessary identities in regard to a particular class of statements involving (...) proper names. Neither Kripke nor Putnam, however, has argued convincingly that sentences containing syntactically complex terms or descriptive phrases can express a posteriori necessary identities. I will argue by way of a hypothetical example that ‘water is H2O’ does not express a necessary identity. My argument is unique in that it attacks the relevant sufficiency claim needed to underwrite this putative necessary identity.1 That is, even if we grant that water is necessarily composed of H2O, we should not accept that H2O necessarily forms water. (shrink)

ABSTRACTThe standard view in philosophy of mind is that the way to understand the difference between perception and misperception is in terms of accuracy. On this view, perception is accurate while...

I argue for adopting a conception of obligation that is broader than the conception commonly adopted by moral philosophers. According to this broader conception, the crucial marks of an obligatory action are, first, that the reasons for the obliged party to perform the action include an exclusionary reason and, second, that the obliged party is the appropriate target of blaming reactive attitudes, if they inexcusably fail to perform the obligatory action. An obligation is directed if the exclusionary reason depends on (...) the relationship between the obliged person and the person to whom they owe the obligatory action, and the latter person is positioned to personally blame the obligated person for inexcusably failing to perform the obligatory action. Some direc- ted obligations are not owed as a matter of right, and the person to whom the obligatory action is owed is the only person positioned to blame nonperformance. Other directed obligations are owed as a matter of right, and people who are not part of the relationship grounding the obligation nevertheless are also positioned to (impersonally) blame non-performance. Only the rights-based form of directed obligation has received signifi- cant attention from moral philosophers, yet the former—which is at the heart of what I call “personal bonds”—is a pervasive and significant theme of our ordinary interpersonal lives. (shrink)

People with disabilities use more medical care and see health professionals more often than do those of the same age, ethnic group, or economic class who do not have impairments. An indisputable medical goal is.

This paper argues that research on the business case for corporate social responsibility (CSR) must account for the path dependent nature of firm-stakeholderrelations, and develops the construct of stakeholder influence capacity (SIC) to fill this void. SIC helps to explain why the effects of CSR on corporate financial performance (CFP) vary across firms and across time, therein providing a missing link in the study of the business case. This paper distinguishes CSR from related and confounded corporate resource allocations and from (...) corporate social performance (CSP), then incorporates SIC into a model that explains how acts of CSR are transformed into CFP through stakeholder relationships. This paper also develops a set of propositions to aid future research on the contingencies that produce variable financial returns to investments in CSR. (shrink)

Should we believe our controversial philosophical views? Recently, several authors have argued from broadly conciliationist premises that we should not. If they are right, we philosophers face a dilemma: If we believe our views, we are irrational. If we do not, we are not sincere in holding them. This paper offers a way out, proposing an attitude we can rationally take toward our views that can support sincerity of the appropriate sort. We should arrive at our views via a certain (...) sort of ‘insulated’ reasoning – that is, reasoning that involves setting aside certain higher-order worries, such as those provided by disagreement – when we investigate philosophical questions. (shrink)

_Ghosts in the Consulting Room: Echoes of Trauma in Psychoanalysis_ is the first of two volumes that delves into the overwhelming, often unmetabolizable feelings related to mourning. The book uses clinical examples of people living in a state of liminality or ongoing melancholia. The authors reflect on the challenges of learning to move forward and embrace life over time, while acknowledging, witnessing and working through the emotional scars of the past. Bringing together a collection of clinical and theoretical papers, _Ghosts (...) in the Consulting Room _features accounts of the unpredictable effects of trauma that emerge within clinical work, often unexpectedly, in ways that surprise both patient and therapist. In the book, distinguished psychoanalysts examine how to work with a variety of ‘ghosts’, as they manifest in transference and countertransference, in work with children and adults, in institutional settings and even in the very founders and foundations of the field of psychoanalysis itself. They explore the dilemma of how to process loss when it is unspeakable and unknowable, often manifesting in silence or gaps in knowledge, and living in strange relations to time and space. This book will be of interest to psychotherapists and psychoanalysts, as well as social workers, family therapists, psychologists, and psychiatrists. It will appeal to those specializing in bereavement and trauma and, on a broader level, to sociologists and historians interested in understanding means of coping with loss and grief on both an individual and larger scale basis. (shrink)

Philosophers have assumed that observational statements in the sciences are unproblematic and that statements like "X is blue" or "Y is salty" have the same meaning for everyone. Four fields are examined (oncology, phonetics, enology, and psychology) where there is evidence that observational language is not used consensually by practicioners in the field, even though they share the same theory and use the same vocabulary. Enology and psychology are developing sciences, so that agreement on what vocabulary is appropriate is still (...) being developed. The precise use of observational expressions must be carefully taught and supervised. Linguistic consensus and reHability cannot be assumed. (shrink)