“Woke” and cancel culture have become mainstream methods for ideological leftists to express their sense of hopelessness and frustration. And while many agree that improving social harmony is an admirable goal, policing the use of pronouns while carefully maintaining the status quo of capitalism’s production, destruction and inequality does little to address the underlying structural problems that create the conditions for social disharmony. It is on this point that Žižek finds agreement with commentators on the ideological right. But at both (...) ends of the ideological spectrum we find little to hope for. This paper is about what happens when important discussions are hijacked by extremists on both ends of the political spectrum. Surely, there must be more than politically correct totalitarianism and the irrational outbursts of conspiratorial fanatics. As Žižek has long argued, we should, perhaps, hold out for the worst option in the hope that real change might still be possible. I make this case with reference to popular events and culture, and a wide array of Žižek’s scholarly and popular works. (shrink)

Žižek has asked us to consider when we should care about the _tyrant’s bloody robes_. He was asking whether we should show restraint in responding to terrible injustice. The unsettling depiction of ‘Joker’ in Todd Phillips’ (2019) film of the same name goes some way to answering this question. We witness in this film a Joker unlike the many others we had seen in the Batman cinematic universe. Arthur Fleck is not a villain, at least not when he sets out (...) to live in our world. In his own words, he is just a man with ‘nothing left to lose’ living a life that has become ‘nothing but a comedy’. He is not the chaos spreading sociopath depicted in _The Dark Knight_ (2008). He is a man with a mental health condition. An outcast. Pushed around by society until he decided to do something about it. But why is a vigilante in a bat mask acceptable, but one in clown make-up is not? Maybe our traditional understandings of “right” and “wrong” and our childish cultural tropes about “good” and “evil” no longer serve us as they should when our heroes are greedy corporatists and our villains are the marginalised, disabled and mentally ill. Could it be that the Batman stories we have heard since we were children are designed to make us fret about the tyrant’s bloody robes? In this paper I explore Žižek’s analysis of Joker alongside his accounts of surplus-enjoyment with particular reference to Arthur Fleck’s life whilst living with a disability. (shrink)

The problem of justifying legal punishment has been at the heart of legal and social philosophy from the very earliest recorded philosophical texts. However, despite several hundred years of debate, philosophers have not reached agreement about how legal punishment can be morally justified. That is the central issue addressed by the contributors to this volume. All of the essays collected here have been published in the highly respected journal Philosophy & Public Affairs. Taken together, they offer not only significant proposals (...) for improving established theories of punishment and compelling arguments against long-held positions, but also ori-ginal and important answers to the question, "How is punishment to be justified?" Part I of this collection, "Justifications of Punishment," examines how any practice of punishment can be morally justified. Contributors include Jeffrie G. Murphy, Alan H. Goldman, Warren Quinn, C. S. Nino, and Jean Hampton. The papers in Part II, "Problems of Punishment," address more specific issues arising in established theories. The authors are Martha C. Nussbaum, Michael Davis, and A. John Simmons. In the final section, "Capital Punishment," contributors discuss the justifiability of capital punishment, one of the most debated philosophical topics of this century. Essayists include David A. Conway, Jeffrey H. Reiman, Stephen Nathanson, and Ernest van den Haag. (shrink)

__Scientific Perspectives on Divine Action: Twenty Years of Challenge and Progress_ _is a collection of thirteen essays assessing the scholarly contributions to the _Scientific Perspectives on Divine Action_ series, which is comprised of five volumes resulting from international research conferences co-sponsored by the Vatican Observatory and the Center for Theology and the Natural Sciences between 1991 and 2000. The overarching goal of the series is to advance the engagement of constructive theology with the natural sciences with special attention to the (...) theme of divine action and to investigate the philosophical and theological elements within science. This volume is divided into three sections: In Section One, contributors review the history of the series and the development of new research methodology and discuss philosophical issues raised by the laws of nature and the limits of science; in Section Two, authors provide philosophical analysis of specific issues in the series; and in Section Three, contributors offer theological analyses of specific issues. The five volumes in the series include: _Quantum Cosmology and the Laws of Nature_ ; _Chaos and Complexity_ ; _Molecular and Evolutionary Biology_ ; _Neuroscience and the Person_ ; and _Quantum Mechanics _, and are distributed by University of Notre Dame Press. (shrink)

English and Australian judges have, over the past few decades, severely questioned the juridical distinctiveness and utility of the rule in Rylands v Fletcher. The popular assertion in this country has been that the rule is really only a sub-species of the law of private nuisance. By contrast, the Australian judiciary has abandoned the rule altogether, preferring to expand the law of negligence to capture the rule's former territory. This article seeks to defend the rule in Rylands v Fletcher. In (...) particular it asserts that, by reference to their historical origins, the rule in Rylands v Fletcher and the law of private nuisance can be seen to be quite different creatures. It also argues that there is strong case for the rule's continued vitality, and that it would be a grave mistake to abandon it in favour of a yet more expansive law of negligence. (shrink)

While nothing justifies atrocity, many perpetrators manifest cognitive impairments that profoundly degrade their capacity for moral judgment, and such impairments, we shall argue, preclude the attribution of moral responsibility.

This work serves as an introduction to both the theoretical and practical aspects of using computers to improve the delivery of social services. Though many practitioners believe that computerization dehumanizes clients and should be avoided, John Murphy and John Pardeck demonstrate how, through a holistic approach to computer use, this problem, and others like it, can be averted. By providing practitioners the opportunity to sharpen their conceptual skills in computer technology, this book promotes a rational understanding of (...) the possible uses and limitations of computers in social service agencies. Unlike other, technically-oriented works in this field, Murphy and Pardeck's work focuses on the philosophical justification of computer use, along with the conceptual or symbolic nature of computerization. They fully illustrate how to create the organizational conditions necessary for computers to improve social-service delivery, and they do so in a manner that is easily accessible for both general classroom and professional use. Among the topics addressed are the technological world-view, Western philosophy, and knowledge; computer mediated therapy; ethical issues related to computerized service delivery; and construction of a socially responsible technology. This work will be a unique and important resource for courses in computer applications, policy analysis, and social service administration, as well as a useful reference source for human service agencies and practitioners. Public and academic libraries will also find it to be a valuable addition to their collections. (shrink)

Reason and Rationality in Health and Human Services Delivery is the first book to discuss the topic of decisionmaking and services from a multidisciplinary approach. It uses theory and social considerations, not just technology, as a basis for improved services. Health and human service students and professionals will learn how to form rational and reasonable decisions that take their clients'cultural backgrounds into consideration when identifying an illness or appropriating any kind of intervention. With a particular emphasis on theories, models, organizational (...) settings, technologies, and practitioner training methods that lead to culturally sensitive decisions, Reason and Rationality will help you deliver efficient and improved medical and social services to clients from all ethnic backgrounds. Recognizing reason as the centerpiece of most of Western philosophy, this text reveals how our idea of truth, fact, and order are wrongly thought to be universal; yet, Western principles are continually used in the decision-making process for health and social services. Focusing on the policy implications of decisionmaking in medical and social service settings, this text works to incorporate a broad range of factors into the reasoning process, such as cultural traditions and beliefs, that will result in better treatment for patients. Giving you suggestions and strategies for upgrading reasoning and decision-making processes and applying them to every area of service, Reason and Rationality discusses different themes that will help you improve services to patients, such as: the rationale currently used to justify decision-making strategies concerning medical and human services using computer technology to make clinical assessments revising administrative structure, management theories, and organizational strategies so that decision-making processes enhance the overall quality of service delivery how the practitioner/patient relationship is important in choosing the proper treatment soliciting community-based input to assess the public's health and human service needs in order to lessen political involvement in decision-making stages In addition, Reason and Rationality provides information and examples that show why you should consider the "life-world"--the values, beliefs, and commitments of a culture's history-- as the key to understanding the powers of reasoning that specify parameters of health and illness. (shrink)

The positions which are offered for consideration in this paper may be summarized in the following four points: First , there is a civilized type of mind which may be clearly distinguished from a primitive type. Second , the civilized mind developed from the primitive under certain economic and ethnological conditions which are to be described. Third , this emergence of the civilized mind from the primitive took place at a fairly definite period and reached its height in the remarkable (...) efflorescence of genius between the ninth and fourth century b.c. , over an area from Egypt to China. This was the appearance in that period of a mind essentially one in character, with natural variations, in the Greek thinkers, the Hebrew prophets, the early Hindu mystical philosophers and the Buddha in India, and the ethical teachers of China of the Confucian school. Fourth , this type of mind with its characteristic powers was achieved once for all and was never lost. In spite of the decay of most of the ancient civilizations, the civilized mind has been transmitted, chiefly through the survival of Greek and Graeco-Hebraic thought, into science, philosophy, and theology to become the modern mind for the world of culture of to-day. (shrink)

The move to patient-centered medical practice is important for providing relevant and sustainable health care. Narrative medicine, for example, suggests that patients should be involved significantly in diagnosis and treatment. In order to understand the meaning of symptoms and interventions, therefore, physicians must enter the life worlds of patients. But physicians face high patient loads and limited time for extended consultations. In current medical practice, then, is narrative medicine possible? We argue that engaging patient perspectives in the medical visit does (...) not necessarily require a lengthy interview. Instead, a new orientation to this process that emphasizes dialogue between practitioners and patients should be considered. In this new model, the purpose of the visit is to communicate successfully and develop a mutual understanding of illness and care. (shrink)

In recent years, the role of self-tracking technologies has been investigated, debated and critiqued within qualitative research circles. The principal means by which self-tracking technologies seek to promote health-related behaviours and behaviour change is through the use of ‘nudges’. Despite the increasing prevalence of nudge-style modes of body-mind governance, there remains little in-depth qualitative research on people’s embodied responses to this form of behavioural management. The current study sought to address this lacuna by drawing on a form of empirical, sociological (...) phenomenology to investigate the lived experience of being ‘nudged’ by self-tracking technology. Our phenomenologically-inspired analysis revealed how nudges can be perceived as objectifying by rendering the user’s body the intentional object of awareness. Participants agentically engaged in a sense-making process, actively (re)interpreting the relevance of nudges and assessing critically the prescribed action in the context of their everyday life. Users expressed confidence in their own embodied sensory perceptions and assessment, and resisted having their bodily intuition displaced by ‘unbodied’ data. (shrink)

This article considers the way in which injunctions have generally been made more freely available in tort in connection with the protection of property and property-like interests. It argues that this prioritization of property can be viewed as undermining the generally accepted hierarchy of protected interests. It then argues that if negligence law were seen as a tort that embraces not just careless, but also deliberate and reckless conduct, it could be used as a basis for granting injunctions in a (...) number of important circumstances that would help to restore the right to bodily integrity to its rightful place at the top of the hierarchy of protected interests in tort law. (shrink)

This article explores the peculiarities of the tort of misfeasance in a public office from the perspective of two popular, contemporary theories of tort law: the rights-based theory of Robert Stevens, and the corrective justice theory of Ernest Weinrib. It identifies four significant problems of fit for these theories: viz, the fact that this tort does not protect a clearly defined private law right; the fact that its touchstones of liability include concepts that are highly unusual in tort law (such (...) as malice, recklessness and bad faith); the fact that it confounds the private/public law dichotomy envisaged by both authors, and the fact that it is both animated by, and makes ready use of, public policy considerations. It is nonetheless argued that these apparent oddities are not unique to this tort (each featuring elsewhere in tort law) and that, therefore, misfeasance in a public office is by no means as anomalous as these theories would lead us to believe. Having established that it is not a theoretical anomaly, the article goes on to suggest that this tort also serves a discrete and vital role in holding public officers to account thus rendering implausible any suggestion that it has very little to commend it in practical terms, or that it ought to be abolished. (shrink)

Social planners have begun to recognize that communities are an important resource for solving many problems. Understanding local norms and values is thought to provide insight into how issues are defined and what interventions might be considered practical. Communities in this framework are not just the physical locations at which programs are targeted, but are actively constructed spaces that must be properly understood. In many ways, the field of public health has been sensitive to this understanding and has elevated the (...) community in importance, thus emphasizing that significant features are variable and locally defined. Even in the new public health, however, empirical indicators are still often relied on, thereby leading to the increasing standardization of communities, rather than to openness to neighborhood particularities. For this reason, a community-based focus should guide future public health endeavors. Most important, this strategy underscores the importance of getting to know the communities in which symptoms, illness and care are defined, and allows for full participation by community members that make interventions both relevant and sustainable. (shrink)

The most important distinctively American contribution to philosophy is the pragmatist tradition. In this short, lucid, and completely convincing exposition, Professor John P. Murphy begins by exploring the roots of this tradition as found in the work of Peirce, James, and Dewey, demonstrating its power and originality. Historians of philosophy will appreciate the insight Murphy brings to these figures, but the special value of this book lies in his discussion of how the pragmatist spirit has flowered in (...) contemporary philosophy in the work of Quine, Rorty, and Davidson.Throughout, Murphy emphasizes the logic and structure of the views held by these six philosophers and what it is they have in common that makes their work especially “pragmatist.” There is no better introduction to this historical tradition and perhaps no better way into the philosophies of the contemporaries whom Murphy discusses.Interest in pragmatist ideas is undergoing a revival at present, and this book shows us why. It will be of interest to both historians of philosophy and students of contemporary philosophy. (shrink)

Professors Murphy and Choi use postmodern philosophy to expose an important source of racism and cultural domination. The metaphysics of domination is examined, along with institutions based on this foundation which they regard as repressive. Postmodernism is shown to be useful in conceptualizing and implementing a pluralistic polity.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Critical Theory is usually associated with an intellectual tradition which emerged from the work of a group of social philosophers who coalesced around the Institute for Social Research, established in Frankfurt in 1923. This tradition is now considered to have two major branches: the first related to the work of Theodor Adorno, Max Horkheimer, Herbert Marcuse, Erich Fromm, Leo Lowenthal, and Walter Benjamin, while the second pertains to the expansion of this original work which has been proffered by Jürgen Habermas, (...) Claus Offe, Niklas Luhmann, Karl-Otto Apel, and others. It should be immediately noted that Critical Theory does not form a unity, for it does mean different things to both its early and current adherents. Without overstating the case, however, the common theme which unites these theorists is a dislike for the types of determinism which saw socialism arising automatically from either appropriate social conditions or at the behest of elite party members. In each case the belief was inadvertently advanced that people do not make their own history. In line with the work of Lukács and Korsch, these critical theorists wanted to develop a more vital Marxist theory, one which understands human praxis to be at the center of social development and, thus, human liberation. (shrink)

This article examines the ethnographic case study in education in the context of policy making with particular emphasis on the practice of research and policy making. The central claim of the article is that it is impossible to establish a transcendental epistemology of the case study on instrumental rationality. Instead it argues for the notion of situated judgement that needs to be made by practitioners in context, practitioners being both researchers and policy makers. In other words, questions about the level (...) of confidence or warrant that can be placed in different sorts of research evidence and findings cannot be answered independently of forming a view about the appropriateness of the policy culture that shapes political decision-making. The article draws a distinction between the general, which is internal to the data as construed by a particular discipline, and the universal, which is the result of embedded human deliberation. This applies to all research findings and not only to case study, although since case study has long had to defend itself against accusations of the lack of generality, it can be a useful starting point for the discussion. This article is not meant to be yet another defence of the case study research genre, although a summary of other defences is offered. Rather it focuses on how use of the case study points to the limits of epistemology as rationality and offers a view of epistemology as ethics. (shrink)

Over the past few years postmodernism has been gaining popularity. Because the works of writers such as Jacques Derrida, Michel Foucault, Gilles Deleuze, Jacques Lacan, and Félix Guattari, for example, are now readily available to the English reader, a novel intellectual force is present that must be assessed (Hassan, 1985). Terms such as “mise en abîme”, “libido”, “schizo-analysis”, “undecidables”, and so forth must be explained and their relevance for social analysis deciphered. Furthermore, a conception of knowledge, a research methodology, and (...) an image of social order that are consistent with these somewhat odd ideas have been introduced, and thus must be evaluated with respect to their sociological importance. At first, due to the strange language that is adopted and the nature of the philosophy offered, postmodernism appears to the uninitiated as an attempt to subvert rational discussion. (shrink)