Drawing from the lived experience of educators, this book explores the concept of a pedagogy of kindness through practical applications and strategies for teaching in higher education. Conversational in tone, narrative-based and rich with practical stories, ideas, and strategies, this book provides guidance to help educators shape their teaching. It covers all aspects of teaching in higher education, including curriculum design, delivery, marking and feedback. Each chapter describes a specific perspective on practical applications of kindness, including authentic strategies used to (...) increase positivity and connection in teaching and learning. Through a series of case studies, it provides relatable examples that educators can apply to their practices as they navigate a dynamic and rewarding teaching environment. This book will help educators who are keen to bring the joy back to their teaching, who want to connect with their students, and to see learning come alive again in higher education. (shrink)

This article argues that legal precedents do not create rules, but rather create a special type of reason in favour of a decision in later cases. Precedents are often argued to be analogous to statutes in their law-creating function, but the common law practice of distinguishing is difficult to reconcile with orthodox accounts of the function of rules. Instead, a precedent amounts to a decision on the balance of reasons in the case before the precedent court, and later courts are (...) required to decide cases on the basis that the earlier decision was correctly decided. (shrink)

It is a commonplace that coercion forms part of the nature of law: Law is inherently coercive. But how well founded is this claim, and what would it mean for coercion to be part of the of law? This article suggests that the claim is grounded in our current conception of law. The main focus of the article, however, is upon two major lines of argument that attempt to establish a link between law and coercion: one based upon the laws (...) normativity. It argues that the claim that law is necessarily coercive because it must be efficacious is mistakens normativity is inherently linked to coercion contains an important truths claim to authority encompasses the right to authorize the use of coercion. (shrink)

In this paper, I argue (contra some recent philosophical work) that an objective distinction between natural selection and drift can be drawn. I draw this distinction by conceiving of drift, in the most fundamental sense, as an individual-level phenomenon. This goes against some other attempts to distinguish selection from drift, which have argued either that drift is a population-level process or that it is a population-level product. Instead of identifying drift with population-level features, the account introduced here can explain these (...) population-level features based on a property that I label driftability. Additionally, this account shows that biology’s “first law”—the Principle of Drift (Brandon, J Phil 102(7):319–335 2006)—is not a foundational law, but is a consequence of driftability. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Videogames and Interactive FictionGrant TavinorIIn the third-person crime simulator Grand Theft Auto 3, the fictional performing of all sorts of criminal nuisance is a possibility. (Squeamish readers, or those that are adamant videogames are playing a decisive role in the moral degeneration of modern society might want to turn away now!) Here is one possibility for players of the game: while driving around in the rundown red-light district of (...) Portland Island, try stopping beside one of the women dressed in leather dresses and knee-high stockings who say things like "Have you ever been down south?" The fictional woman will bend down to the car window and eventually hop in. Now drive to a secluded area, stop the car, and wait. What happens? The car begins to rock up and down, slowly at first, and then more quickly, squeaking all the while. As it does, your health meter increases and the cash meter decreases. Eventually, after the car has stopped rocking, the prostitute exits and walks away. This is all obviously of questionable taste. But the really horrible part is that it is possible to mug the prostitute and take back your money!Though I am reluctant to tell you this, the first time I discovered the trick, I felt a sort of sadistic joy at my reprehensible behavior. Friends in the room at the time thought the whole incident hilarious; except for one who thought it extremely revolting. Perhaps now though, I feel guilty for what I did to the prostitute. (Hence my reluctance to let you know of my sinister fictional activities!) Of course, this episode raises a host of ethical questions; I will not attempt to answer them here. What I am interested in is the possibility of fictional interaction itself. The important point is that this fictive episode seems to show that it is possible in the case of videogames to feel guilty or ashamed for what one [End Page 24] does in a fictional world. But how is this possible? What does interacting with a videogame amount to that it allows for this intimate (and dubious) emotional connection?There is a wide and impressive literature in the analytic philosophy of the arts concerning the nature of fiction and the practice that surrounds it; this literature gives us an ideal theoretical basis from which to explore the topic of videogames. But also, videogames will allow us to return our attention to the theory, perhaps perceiving areas in which it can be improved, so as to become more generally applicable. I begin this paper by setting out some initial descriptive examples of the ways in which videogames are interactive fictions. After discussing an ambiguity in the notion of what it is to interact with a fiction, I deal with two prominent aspects of that interaction; that focused on fictive props, and the apparent interaction players have with fictional worlds. Next, I argue that the interactive nature of videogames alters the character of our interest in them. Rather than a focus on interpretive and sympathetic engagement with narratives, videogames involve their appreciators in an active engagement with the problem spaces or kinetic narratives of gameplay. Finally, I argue that because action and emotion are close cognitive bedfellows, and because emotion plays an important role in the psychology of fictive practice, that the emotions experienced by videogame players will be distinctive to that fictive form.IIVideogames provide their players with a variety of opportunities for interactive engagement. The last ten years have seen significant development in the extent of the fictive interactivity of videogames, especially with the advent of the "next generation" consoles such as Playstation 2 and X-Box, and the burgeoning genre of PC gaming. With the intention of providing some descriptive substance for the following theoretical discussions, in this section I present some examples of the ways in which modern videogames are interactive fictions, and how they differ to more traditional fictive forms in this respect.Many videogames involve exploring an environment. In Grand Theft Auto 3, the player, in the guise of a criminal protagonist, is able to explore the streets of Liberty City. Completing the objectives of the... (shrink)

Natural philosophy encompassed all natural phenomena of the physical world. It sought to discover the physical causes of all natural effects and was little concerned with mathematics. By contrast, the exact mathematical sciences were narrowly confined to various computations that did not involve physical causes, functioning totally independently of natural philosophy. Although this began slowly to change in the late Middle Ages, a much more thoroughgoing union of natural philosophy and mathematics occurred in the seventeenth century and thereby made the (...) Scientific Revolution possible. The title of Isaac Newton's great work, The Mathematical Principles of Natural Philosophy, perfectly reflects the new relationship. Natural philosophy became the 'Great Mother of the Sciences', which by the nineteenth century had nourished the manifold chemical, physical, and biological sciences to maturity, thus enabling them to leave the 'Great Mother' and emerge as the multiplicity of independent sciences we know today. (shrink)

Innovation is a key component of most definitions of culture and intelligence. Additionally, innovations may affect a species' ecology and evolution. Nonetheless, conceptual and empirical work on innovation has only recently begun. In particular, largely because the existing operational definition (first occurrence in a population) requires long-term studies of populations, there has been no systematic study of innovation in wild animals. To facilitate such study, we have produced a new definition of innovation: Innovation is the process that generates in an (...) individual a novel learned behavior that is not simply a consequence of social learning or environmental induction. Using this definition, we propose a new operational approach for distinguishing innovations in the field. The operational criteria employ information from the following sources: (1) the behavior's geographic and local prevalence and individual frequency; (2) properties of the behavior, such as the social role of the behavior, the context in which the behavior is exhibited, and its similarity to other behaviors; (3) changes in the occurrence of the behavior over time; and (4) knowledge of spontaneous or experimentally induced behavior in captivity. These criteria do not require long-term studies at a single site, but information from multiple populations of a species will generally be needed. These criteria are systematized into a dichotomous key that can be used to assess whether a behavior observed in the field is likely to be an innovation. (shrink)

The concept of futility is sometimes regarded as a cloak for medical paternalism in that it rolls together medical and value judgments. Often, despite attempts to disambiguate the concept, that is true and it can be applied in such a way as to marginalize the real interests of a patient. I suggest we replace it with a conceptual toolkit that includes physiological futility, substantial benefit (SB), and the risk of unacceptable badness (RUB) in that these concepts allow us to articulate (...) what is at stake in ethical judgments where outcomes are crucial in determining what should be done. (shrink)

This paper discusses the puzzle of blackmail, i.e. the way in which the threat of an otherwise legally permissible action can in some cases constitute blackmail. It argues that the key to understanding blackmail is in terms of coercion and threats, and the effect such threats have on the validity of a victim’s consent. The nature of coercion and of coercive threats is considered in detail to support the thesis that threats are prima facie impermissible, though often justified all-things-considered. The (...) puzzle of blackmail arises due to the fact that the law rarely has regard to an agent’s motives in acting, whereas this is the focus of the puzzling cases. (shrink)

Are all God’s activities identical to God? If not, which are identical to God and which not? Although it is seldom noticed, the texts of Aquinas (at least on the surface) suggest conflicting answers to these questions, giving rise to a diversity of opinion among interpreters of Aquinas. In this paper, we draw attention to this conflict and offer what we believe to be the strongest textual and speculative support for and against each of the main answers to these questions.

'Representation' is a concept which occurs both in cognitive science and philosophy. It has common features in both settings in that it concerns the explanation of behaviour in terms of the way the subject categorizes and systematizes responses to its environment. The prevailing model sees representations as causally structured entities correlated on the one hand with elements in a natural language and on the other with clearly identifiable items in the world. This leads to an analysis of representation and cognition (...) in terms of formal symbols and their relations. But human perception and cognition use multiple informational constraints and deal with unsystematic and messy input in a way best explained by Parallel Distributed Processing models. This undermines the claim that a formal representational theory of mind is 'the only game in town.' In particular it suggests a radically different model of brain function and its relation to epistemology from that found in current representational theories. (shrink)

Culture in humans connotes tradition, norms, ritual, technology, and social learning, but also cultural events like operas or gallery openings. Culture is in part about what we do, but also sometimes about what we ought to do. Human culture is inextricably intertwined with language and much of what we learn and transmit to others comes through written or spoken language. Given the complexities of human culture, it might seem that we are the only species that exhibits culture. How, then, are (...) we to make sense of culture in animals? The study of animal culture is a booming research area. Culture is said to occur in a wide range of vertebrates from our close kin, chimpanzees and orangutans, to more distant relatives like rats and whales. Could these studies be misleading in that they are not actually studying culture but simply misapplying the term ‘culture’? Or is what is labeled culture in animals at the core of human culture, so that although human culture is more elaborate than animal culture, it is different in degree, not kind? While it is certainly easy to intentionally define culture in a way that makes it unique to humans, because of the growing field of animal culture, it would be most useful to attempt to offer a definition of culture that makes sense of how it is used by psychologists, biologists, anthropologists, and others who use the term culture in studies of animal behavior. The challenge is to produce a concept that is broad enough to be able to apply across humans and animals, but not be so anemic that it cannot do justice to human culture. Because of this, I will here construct a definition of animal culture and draw out some of its implications. (shrink)

To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality (...) lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law. (shrink)

I want to discuss the puzzling, but, in some ways, persuasive view that I have a familiar and unproblematic kind of freedom with respect to my beliefs.

ABSTRACTThere are a number of arguments that purport to show, in general terms, that there is no difference between killing and letting die. These are used to justify active euthanasia on the basis of the reasons given for allowing patients to die. I argue that the general and abstract arguments fail to take account of the complex and particular situations which are found in the care of those with terminal illness. When in such situations, there are perceptions and intuitions available (...) that do not easily find propositional form but lead most of those whose practice is in the care of the dying to resist active euthanasia. I make a plea for their intuitions to be heeded above the sterile voice of abstract premises and arguments by examining the completeness of the outline form of the pro‐euthanasia argument. In doing so, I make use of Nussbaum's discussion of moral perception and general claims to be found in the literature of moral particularism. (shrink)

Abstract The phenomenology of Multiple Personality (MP) syndrome is used to derive an Aristotelian explanation of the failure to achieve rational integration of mental content. An MP subject is best understood as having failed to master the techniques of integrating conative and cognitive aspects of her mental life. This suggests that in irrationality the subject may lack similar skills basic to the proper articulation and use of mental content in belief formation and control of action. The view that emerges centres (...) mind on the activity of a subject rather than a structured causal nexus. (shrink)

In a recent paper, Nicholas Stang argues that artworks are not valuable for their own sake in virtue of their artistic value, artworks have artistic value in virtue of the final value of the experiences they afford, and the only appropriate objects of appreciation are worktypes. All of these arguments rest on claims about the artistic value of copies of artworks that provide a radical challenge to the views that many philosophers have about copies. Here I argue that Stang's arguments (...) are unsuccessful. The argument for is mistaken about what one is committed to if one thinks artworks are valuable for their own sake in virtue of their artistic value. The defense of fails to explain what it is supposed to explain. The argument for overgeneralizes from one kind of case. Finally, the basic claim Stang makes about the artistic value of copies is false. I defend an alternative view. I conclude by discussing the implications of my arguments for experientialism ). Reflection on the cases Stang considers, far from leading us to embrace experientialism, in fact reveals problems that experientialists need to confront. (shrink)

That science is more than the unilinear application of general theories to specific empirical circumstances is, one hopes, no longer something that is controversial or requires detailed argument. To be sure, there were times when devising universally applicable theories was seen as the most worthy task of science, with less lofty activities such as experimentation and scientific modeling being relegated to the underbelly of “proper science.” Arguing for a pluralistic recognition of the diversity of scientific practices, methods, and goals, might—at (...) least on the pages of this journal—amount to preaching to the converted. Yet, once the diversity and heterogeneity of science is acknowledged, the real work only starts:... (shrink)

This article discusses the nature of persuasive authorities in the common law, and argues that many of them are best understood in terms of their (being regarded) as having theoretical rather than practical authorities for the courts that cite them. The contrast between theoretical and practical authority is examined at length in order to support the view that the treatment of many persuasive authorities by courts is more consistent with this view. Finally, it is argued that if persuasive authorities are (...) best understood as theoretical authorities, this raises difficulties for both positivistic and interpretivist theories of law. (shrink)

The journey metaphor used by Nie and colleagues (2016) can be analyzed in terms of the way in which health care professionals can support well-being and attend to the aspects of illness that often...

Case-based, multidisciplinary seminars provided a vehicle for clinicians, philosophers and students to debate current problems in medical ethics in a manner which ensured maximum learning and interest for all participants. Prior training in philosophical medical ethics was an essential prerequisite, giving students the knowledge and skills to take part in the discussions at an appropriate level of sophistication.

If you are a member of an organization, how should you be committed to its aims and values? I argue that relational equality requires organizational superiors – those endowed with higher authority within organizations – generally to make decisions on the basis of pertinent organizational aims and values, even when there are competing extra-organizational moral considerations. I start with cases of objectionable managerial moral activism, in which superiors take the moral law into their own hands, shirking organizational aims and values (...) for the sake of extra-organizational moral considerations. Since these managerial decisions enforce moral norms on subordinates, and since the moral norms that superiors enforce do not correspond to reasonably expected organizational aims and values (at least those that are compatible with relational equality), the superiors thereby treat subordinates as moral inferiors. This implies that relational equality requires an important form of organizational partiality of organizational superiors. (shrink)

The political philosopher Leo Strauss is famous for contending that any synthesis of reason and revelation is impossible, since they are irreconcilable antagonists. Yet he is also famous for praising the secular regime of liberal democracy as the best regime for all human beings, even though he is well aware that modern philosophers such as Spinoza thought this regime must make use of biblical morality to promote good citizenship. Is democracy, then, both religious and secular? Strauss thought that Spinoza was (...) contradictory in teaching that reason and revelation should be separated from each other while also insisting that a secular democratic politics still requires the biblical morality of charity. The paradox that liberal democracy is both religious and secular, which is central to Spinoza, was dismissed by Strauss as a Machiavellian subterfuge or the cynical attempt to use religion for political purposes. In order to adhere to his dualistic separation of reason and revelation, Strauss turned to ancient Greek political philosophy, particularly the ideas of Plato and Aristotle, as the true ground of liberal democracy since this classical tradition was never exposed to biblical revelation. Yet, the illiberal and hierarchical implications of Greek political thought, which clash with Strauss’s modern views on human individuality and dignity, ultimately take him back to the biblically based philosophies of Spinoza and Kierkegaard, who teach the paradox that the Bible is the true foundation of human freedom. (shrink)

This paper raises four queries about Simester’s defective engagement with reason account of culpability found in his Fundamentals of Criminal Law: (1) the characterisation of the account in terms of moral ‘vices’; (2) the basis for identifying a vice as a ‘moral’ vice; (3) what is involved in an agent manifesting ‘insufficient care and concern’ for the interests of others; and (4) whether the account is an account of culpability generally, or is instead an account of criminal culpability, i.e., the (...) type of culpability necessary for criminal conviction. (shrink)

Spinoza once remarked in a letter to his friend Hugo Boxel: “To me the authority of Plato, Aristotle, and Socrates is not worth much.”1 The clarity of this statement has not deterred even experienc...

Joseph Fins's book Rights Come to Mind: Brain Injury, Ethics, and the Struggle for Consciousness is a considerable addition to the literature on disorders of consciousness and the murky area of minimally conscious states. Fins brings to this fraught area of clinical practice and neuroethical analysis a series of stories and reflections resulting in a pressing and sustained ethical challenge both to clinicians and to health care systems. The challenge is multifaceted, with diagnostic and therapeutic demands to be met by (...) clinicians and a mix of moral, scientific-economic, and political resonances for health care analysts. Everything in the book resonates with my own clinical experience and the often messy and emotionally wrenching business of providing ongoing care for patients with severe brain injuries and disorders, people who frequently resist the categorizations that well-organized health care systems prefer and that can dictate terms of patient management. (shrink)

The idea that there is an inherent incentive in moral judgment or, in Classical terms, that there is an essential relationship between virtue and well?being is sharply criticized in contemporary moral theory. The associated theses that there is a way of living which is objectively good for human beings and that living that way is part of understanding moral truth are equally problematic. The Aristotelian argument proceeded via the premise that a human being was a rational social being. The present (...) reworking of that thesis builds on the internal connection between rationality and concept use. Moral judgment is linked to the grasp of moral concepts and thereby to an appreciation of how it is with other persons. The judgment that another person instances a morally relevant ascription is grounded on an empathic grasp of how it is with that person and thus tied to the thought that one ought to act in such and such a way or. in other words, to a disposition to act. Because the empathically grasped content of moral concepts is related to a number of mental ascriptions and reactive attitudes, the grasp of that content is interwoven deeply in the structure of human mental life and any attempt systematically to devalue or undermine it is threatening to one's mental integrity as a rational social being. Thus there is a deep link between moral sense or the disposition to act morally and an adequately grounded conception of human well?being. (shrink)

This chapter contains sections titled: Coercion Law References.

The rejection of liberal universalism originally arose from the political right. Edmund Burke, Joseph de Maistre and other conservatives poured their scorn on the “Rights of Man” that the Enlighten...

The purpose of this book is to make “a case for nationalism, highlighting the ways it shaped public policy and made the years between the end of the world wars and the eruption of neoliberal global...

The Italian Republic was created at the close of World War II by the political forces that had taken part in the Resistance, with an explicitly anti-fascist ideological foundation. However, the official commitment to anti-fascism and democracy was belied by the continuing role of neo-fascist parties and organizations in the political system. This role was firstly as a potential alternative source of support for the ruling Christian Democrats, and secondly as the key element of a hidden network ready to use (...) violent and undemocratic means to condition the normal political process. This network moved into action at the height of the “strategy of tension” (1969–80). Analysis of this period leads us to reassess the nature of postwar Italian democracy. In the “Second Republic” (post-1994) Silvio Berlusconi has promoted a revisionist approach to Fascism and the Resistance as part of his own strategy to maintain himself in power, while also espousing a plebiscitarian conception of democracy that presents certain analogies with the methods and style of the Fascist regime. (shrink)

A radical opponent of Western higher education asserts that its pedagogy and content depend on belief in objective truth and knowledge. This epistemology and education are attacked as exclusive and domineering toward women, minorities, and non-Westerners. The critic puts forward a pragmatist epistemology, leading to multi-cultural education aimed at social criticism and personal autonomy. The critic's dialogue with a defender of traditional epistemological ideas provides a critical introduction to the claims justifying many radical criticisms of Western curricula and pedagogy.