This book brings together essays on themes of human rights and legal history, reflecting the long and distinguished career as academic writer and human rights activist of Brian Simpson. Written by colleagues and friends in the United States and Britain, the essays are intended to reflect Simpson's own legal interests. The collection opens with biography of Simpson's academic life which notes his major contribution to legal thought, and closes with an account of his career in the United (...) States and a bibliography of his writings. As a tribute to Simpson's varied interests in the law, the collection is grouped around themes in human rights, legal philosophy, and legal history. The human rights papers are concerned with the history of the right of individual petition to the European Court of Human Rights, and recent successes in which Brian Simpson played a part; the evolution of a transnational common law of human rights; the United Nations Convention on the Rights of the Child and the interpretation of the provisions on identity in France and England; the suspension of human rights which would have occurred, had the emergency War Zone Courts scheme been brought into effect during wartime; historical resistance to colonial laws in Papua New Guinea; and the ratio decidendi of the story of the Prodigal Son. Historical themes are found in essays concerned with three nineteenth-century Lord Chancellors; in two essays relating to the fate of the civil jury on either side of the Atlantic which provide a fascinating comparison; in the 'battle of the books' which led to changes in eighteenth-century copyright law; and judicial rivalry between King's Bench and Common Pleas in the early modern period. (shrink)

The Sentimental Life of International Law is about our age-old longing for a decent international society and the ways of seeing, being, and speaking that might help us achieve that aim. This book asks how international lawyers might engage in a professional practice that has become, to adapt a title of Janet Malcolm's, both difficult and impossible. It suggests that international lawyers are disabled by the governing idioms of international lawyering, and proposes that they may be re-enabled by speaking different (...) sorts of international law, or by speaking international law in different sorts of ways. In this methodologically diverse and unusually personal account, Gerry Simpson brings to the surface international law's hidden literary prose and offers a critical and redemptive account of the field. He does so in a series of chapters on international law's bathetic underpinnings, its friendly relations, the neurotic foundations of its underlying social order, its screened-off comic dispositions, its anti-method, and the life-worlds of its practitioners. Finally, the book closes with a chapter in which international law is re-envisioned through the practice of gardening. All of this is put forward as a contribution to the project of making international law, again, a compelling language for our times. (shrink)

A collection of essays with themes in human rights and legal history, spanning several centuries, containing a tribute to one of the most remarkable jurists of our time. Linked by an historical and contextual approach, these essays add to knowledge of legal history and human rights and provide a reference point for future research.

The Current Legal Problems lecture series and annual volume was established around sixty years ago at the Faculty of Laws, University College London and has long been recognized as a major reference point for legal scholarship. The continuing strength of Current Legal Problems is its representation of a broad range of legal scholarship opinion, theory, methodology, and subject matter, with an emphasis upon contemporary developments of law. Contributions to the 61st volume in the series include an analysis of war as (...) crime by Professor Gerry Simpson, an assessment of the problems in building a realistic climate change regime by Professor Daniel Cole, and an exploration of the problems of character evidence by Dr Mike Redmayne. (shrink)

Women are often viewed as more romantic than men, and romantic relationships are assumed to be more central to the lives of women than to those of men. Despite the prevalence of these beliefs, some recent research paints a different picture. Using principles and insights based on the interdisciplinary literature on mixed-gender relationships, we advance a set of four propositions relevant to differences between men and women and their romantic relationships. We propose that relative to women: (a) men expect to (...) obtain greater benefits from relationship formation and thus strive more strongly for a romantic partner, (b) men benefit more from romantic relationship involvement in terms of their mental and physical health, (c) men are less likely to initiate breakups, and (d) men suffer more from relationship dissolution. We offer theoretical explanations based on differences between men and women in the availability of social networks that provide intimacy and emotional support. We discuss implications for friendships in general and friendships between men and women in particular. (shrink)

This paper explores sustainable fashion choices from a Stoic philosophical perspective. Ancient Stoic teachings can help us reexamine our relationship with clothes in the 21st century and provide direction for the considerable number of people that are influenced by contemporary Stoicism. Stoicism provides a clear justification for sustainable living, given its call to live in harmony with Nature. Given the environmental facts, contemporary Stoics would do well to reduce the size of their wardrobe to what is necessary and functional. They (...) should mindfully select clothing made of organic natural fibers, which are of sufficient quality as to reduce wasteful practices. (shrink)

This paper explains how the practice of ‘no platforming’ can be reconciled with a liberal politics. While opponents say that no platforming flouts ideals of open public discourse, and defenders see it as a justifiable harm-prevention measure, both sides mistakenly treat the debate like a run-of-the-mill free speech conflict, rather than an issue of academic freedom specifically. Content-based restrictions on speech in universities are ubiquitous. And this is no affront to a liberal conception of academic freedom, whose purpose isn’t just (...) to protect the speech of academics, but also to give them the prerogative to determine which views and speakers have sufficient disciplinary credentials to receive a hearing in academic contexts. No platforming should therefore be acceptable to liberals, in principle, in cases where it is used to support a university culture that maintains rigorous disciplinary standards, by denying attention and credibility to speakers without appropriate disciplinary credentials. (shrink)

Some authors claim that hate speech plays a key role in perpetuating unjust social hierarchy. One prima facie plausible hypothesis about how this occurs is that hate speech has a pernicious influence on the attitudes of children. Here I argue that this hypothesis has an important part to play in the formulation of an especially robust case for general legal prohibitions on hate speech. If our account of the mechanism via which hate speech effects its harms is built around claims (...) about hate speech’s influence on children, then we will be better placed to acquire evidence that demonstrates the processes posited in our account, and better placed to ascribe responsibility for these harms to individuals who engage in hate speech. I briefly suggest some policy implications that come with developing an account of the harm of hate speech along these lines. (shrink)

In this empirical paper, we present a model of the dynamic legitimizing processes involved in the receiving and giving of compassion. We focus on the idea of being ‘worthy of compassion’ and show how ideas on giving and receiving compassion are highly contestable. Recognition of a worthy recipient or giver of compassion constitutes a socially recognized claim to privilege, which has ethical managerial and organizational implications. We offer a model that assists managers in fostering ethical strength in their performance by (...) encouraging reflection on the ethical complexity involved in compassion relations. The model emphasizes the dynamics of both the givers and receivers of compassion and so can also be used by organizations to both assess how others may view the legitimacy of their compassion relations and also to develop a positive organizational ethic of compassionate conduct. (shrink)

Let CKDT be the assertion that for every countably infinite bipartite graph G, there exist a vertex covering C of G and a matching M in G such that C consists of exactly one vertex from each edge in M. (This is a theorem of Podewski and Steffens [12].) Let ATR0 be the subsystem of second-order arithmetic with arithmetical transfinite recursion and restricted induction. Let RCA0 be the subsystem of second-order arithmetic with recursive comprehension and restricted induction. We show that (...) CKDT is provable in ART0. Combining this with a result of Aharoni, Magidor, and Shore [2], we see that CKDT is logically equivalent to the axioms of ATR0, the equivalence being provable in RCA0. (shrink)

Should we implement epistemically paternalistic measures outside of the narrow range of cases, like legal trials, in which their benefits and justifiability seem clear-cut? In this chapter I draw on theories of student-led pedagogy, and Jane Friedman’s work on norms of inquiry, to argue against this prospect. The key contention in the chapter is that facts about an inquirer’s interests and temperament have a bearing on whether it is better for her to, at any given moment, pursue epistemic goods via (...) outward-facing evidence-acquisition, or in a more introspective, ratiocinative fashion. This makes problems for any non-consultative approach to assisting people in inquiry, and speaks in favor of approaches which, as with student-led pedagogy, aim to ‘tap into’ the inquirer’s interests and temperament in helping them to learn. (shrink)

This conceptual paper argues for the reconfiguring of Intercultural Communication Education (ICE) through a dialogical engagement with Istina (Truth) and Pravda (Truth in Justice). The paper argues that the field of ICE is predominantly characterised by normative conceptualisations of truth (e.g., characterised by fixed or ‘objective’ interpretations of language and culture) or hyper-relativist post-truth conceptualisations (e.g., non-essentialist approaches to ICE). This conceptual paper, therefore, addresses the following research question: To what extent can a dialogical approach to truth address and redress (...) epistemic power imbalances in ICE? Through engaging with Russian language and the dialogical approach of Mikhail Bakhtin a non-normative approach for ICE is proposed. The paper conceptually argues in moving beyond the binary of normative and post-truth interpretations in ICE through dialogism. The paper serves at an important juncture amidst calls that the field of ICE is characterised by epistemic violence and epistemic power imbalances. The proposed dialogical approach to truth in ICE aims to redress epistemic imbalances in arguing for a form of non-normative dialogical ethics. (shrink)

Despite the growing interest in Aristotelian approaches to contemporary philosophy of science, few metaphysicians have engaged directly with the question of how a neo-Aristotelian metaphysics of nature might change the landscape for theological discussion concerning theology and naturalism, the place of human beings within nature, or the problem of divine causality. The chapters in this volume are collected into three thematic sections: Naturalism and Nature, Mind and Nature, and God and Nature. By pushing the current boundaries of neo-Aristotelian metaphysics to (...) recover the traditional notion of substantial forms in physics, reframe the principle of proportionality in biology, and restore the hierarchy of being familiar to ancient philosophy, this book advances a metaphysically unified framework that accommodates both scientific and theological knowledge, enriching the interaction between science, philosophy and theology. Neo-Aristotelian Metaphysics and the Theology of Nature will be of interest to scholars and advanced students working in metaphysics, philosophy of science, natural theology, philosophical theology, and analytic theology. (shrink)

Medieval interpretations of hylomorphism, in which substances are conceived as metaphysical composites of prime matter and substantial form, are receiving attention in contemporary philosophy. It has even been suggested that a recovery of Aquinas's conception of prime matter as a ‘pure potentiality’, lacking any actuality apart from substantial form, may be expedient in hylomorphic interpretations of quantum mechanics. In this paper, we consider a recent hylomorphic interpretation of non-relativistic quantum mechanics, the theory of Cosmic Hylomorphism, which does not explicitly invoke (...) any notion of prime matter in its original formulation. We argue that prime matter does in fact play a role in constituting and individuating particles in this theory. However, we demonstrate that the notion of prime matter which features in the extended version of Cosmic Hylomorphism that we propose here is distinct from Aquinas's conception of prime matter, inasmuch as it has discrete metaphysical parts. (shrink)

Many theorists understand human rights as only aiming to secure a minimally decent existence, rather than a positively good or flourishing life. Some of the theoretical considerations that support this minimalist view have been mapped out in the philosophical literature. The aim of this paper is to explain how a relatively neglected theoretical desideratum – namely, determinacy – can be invoked in arguing for human rights minimalism. Most of us want a theory of human rights whose demands can be realized, (...) and which is acceptable to a range of worldviews. But we might also expect our theory to provide determinate answers to questions of scope (i.e. which putative rights are bona fide human rights?) and practical implementation (i.e. what concrete duties are generated by which rights?). A minimalist view of human rights makes it is easier to jointly fulfil all of these desiderata. (shrink)

Joel Feinberg’s Offense to Others is the most comprehensive contemporary work on the significance of offense in a liberal legal system. Feinberg argues that being offended can impair a person’s liberty, much like a nuisance, and that it is therefore legitimate in principle to regulate conduct because of its offensiveness. In this article, I discuss some overlooked considerations that give us reason to resist Feinberg’s conclusion, even while granting this premise. My key claim is that the regulation of offense can (...) inadvertently increase the incidence of offense, by nurturing offense-taking sensibilities. In the course of defending this claim and spelling out its implications, I explain why concerns about the inadvertent nurturing of offense are now more pressing, given the identity–political character of contemporary offense-based social conflicts, and I discuss why a reluctance to legally regulate offensive conduct need not be insensitive to the identity–political issues that animate those conflicts. (shrink)

Blood is now essential for a widening repertoire of therapies and with this comes new forms of regulation and governmentality focused on the collection, use and storage of blood. Here blood begins to lose its `natural' underpinnings as it is drawn into the realms of the synthetic and the scientific. However, this change in theoretical lens obscures the ways that, in practice, constructing a `modern' blood compatible with the demands of the global biopolis is elided with prosaic uses of blood (...) donation that convey powerful cultural and political messages at the local level. In a setting where, in recent decades, war, violence and the threat of social disintegration have been woven into the project of development and modernity, attempts at an alignment, or what might be characterized as the haemato-global assemblage, reveal significant tensions. The main one that I explore in this article is that between the aspiration to create an international blood donation service in which ideas of citizens and national solidarity are articulated through freely and altruistically gifted blood on the one hand and, on the other, the more potent and symbolically loaded ideas of blood, which come to the fore when connection and identity are threatened. (shrink)

Several themes can be identified in the commentaries. The first is that the climbing fibers may have more than one function; the second is that the climbing fibers provide sensory rather than motor signals. We accept the possibility that climbing fibers may have more than one function consequence(s)’ in the title. Until we know more about the function of the inhibitory input to the inferior olive from the cerebellar nuclei, which are motor structures, we have to keep open the possibility (...) that the climbing fiber signals can be a combination of sensory and motor signals. (shrink)

Objectivity in evaluation can be understood either in terms of satisfaction of certain formal criteria or in terms of correspondence to facts of a certain kind. Morality includes metaphysical claims which distinguish arbitrary wants from rational ends, but the weakness of the interpretation of such claims within formalist liberal views results in the collapse of that distinction and in mistaking moral ignorance for moral freedom. Only by showing that respect for persons is justified by the metaphysics of human nature - (...) by the fact of human equality - can claims of moral objectivity be defended. For that defense one must look to the socialist tradition. (shrink)

In a recent article in this journal, Calum Miller skillfully and creatively argues for the counterintuitive view that there aren’t any good reasons to believe that non-human animals feel pain in a morally relevant sense. By Miller’s lights, such reasons are either weak in their own right or they also favor the view that non-human animals don’t feel morally relevant pain. In this paper, I explain why Miller’s view is mistaken. In particular, I sketch a very reasonable abductive argument for (...) the conclusion that non-human animals feel morally relevant pain. This argument shows that, even in the face of Miller’s moderate skepticism about whether non-human animals feel pain in a morally relevant sense, it’s still more epistemically reasonable to believe that non-human animals feel pain in a morally relevant sense than not. In which case, I conclude that Miller has failed to show that there aren’t any good reasons to believe that non-human animals don’t feel pain in a morally relevant sense that don’t also count in favor of the view that non-human animals don’t feel morally relevant pain. (shrink)

This essay explores the intersections of religious ethics and American religious history and advocates for a transdisciplinary approach to scholarship in both disciplines. Four books, each published within the last 4 years, form the foundation of this discussion by modeling distinctive elements of transdisciplinary scholarship: Heathen: Religion and Race in American History by Kathryn Gin Lum; Make Yourselves Gods: Mormons and the Unfinished Business of American Secularism by Peter Coviello; Peaceful Families: American Muslim Efforts Against Domestic Violence by Juliane Hammer; (...) and The Sex Obsession: Perversity and Possibility in American Politics by Janet R. Jakobsen. Each of these texts raises questions that hover at the intersections of religious ethics and American religious history, demonstrating how scholarship in both areas can be strengthened through a destabilization of the disciplines themselves. (shrink)

Some characteristics of two species of singular reference are described and a complexity of mention vis-a-vis designation illustrated by means of special quotation devices. It is pointed out that the use/mention distinction is more complex and less absolute than sometimes realized.

This volume is based upon the sixth series of lectures delivered at Yale University on the Foundation established by the late Dwight H. Terry of Plymouth, Connecticut, through his gift of an endowment fund for the delivery and subsequent publication of "Lectures on Religion in the Light of Science and Philosophy." The deed of gift declares that "the object of this Foundation is not the promotion of scientific investigation and discovery, but rather the assimilation and interpretation of that which has (...) been or shall be hereafter discovered, and its application to human welfare, especially by the building of the truths of science and philosophy into the structure of a broadened and purified religion. (shrink)

Gandhi’s example has inspired countless political struggles worldwide over the past century. We might then ask how his thought has been transferred and translated when taken out of the particular historical and geographic context in which he lived. How have Gandhi’s ideas been changed or altered when adopted in different contexts? Which aspects of Gandhi’s thinking remain most relevant to struggles for social and environmental justice today? These are just a few of the questions that were discussed at the “Perspectives (...) on Gandhi’s Significance Workshop” hosted by Reed College in Portland Oregon, on April 16th, 2016. (shrink)

Is there a public good? A prevalent view in political science is that democracy is unavoidably chaotic, arbitrary, meaningless, and impossible. Such scepticism began with Condorcet in the eighteenth century, and continued most notably with Arrow and Riker in the twentieth century. In this powerful book, Gerry Mackie confronts and subdues these long-standing doubts about democratic governance. Problems of cycling, agenda control, strategic voting, and dimensional manipulation are not sufficiently harmful, frequent, or irremediable, he argues, to be of normative (...) concern. Mackie also examines every serious empirical illustration of cycling and instability, including Riker's famous argument that the US Civil War was due to arbitrary dimensional manipulation. Almost every empirical claim is erroneous, and none is normatively troubling, Mackie says. This spirited defence of democratic institutions should prove both provocative and influential. (shrink)

In Sri Lanka, termination of pregnancy, other than in extreme circumstances, is strictly illegal. Among the public and large sections of the medical community there is widespread support for some degree of liberalization of the law, particularly where this relates to serious genetic conditions which can be identified prenatally. Tension emerges out of a publicly maintained conservatism on issues of abortion on the one hand and a growing disconnection from unregulated practices of termination in the private sector on the other. (...) Social science approaches have much to contribute when understanding the ‘therapeutic gap’ that opens up and, in particular, the way that local ideas of fate, destiny and how suffering might be ameliorated become blended with the predictive power of genetic testing. (shrink)

This is a review of a long, comprehensive, and mostly very good collection of philosophical essays on human rights. I briefly summarise the main ideas put forward in some of the essays that I most admired in the collection. While the collection includes essays from proponents of a wide range of theoretical and methodological perspectives, I suggest in my review that the collection's overall function is to serve as a kind of demonstrative rejoinder to those philosophers, like Raz, who argue (...) that we can and should theorise human rights without trying to furnish them with philosophical foundations. (shrink)

Andrew Bowie's translation of On the History of Modern Philosophy, which works from the accepted German edition of Schelling's lectures delivered at the University of Munich during the 1830s, presents one of the more complex figures in the history of philosophy in an appropriately complex struggle to define his place in modern thought. Although Bowie contends that the lectures make accessible the later period of Schelling's work, Schelling's readings are typically informed and accompanied by densely-argued claims about the nature of (...) immediacy, originality, and the absolute. Bowie's introductory essay works hard to prepare the reader, organizing Schelling's thought historically, thematically, and chronologically, but there is a lot of ground to cover. (shrink)