The overall collection we present in Volume V constitutes a celebration of the approach and values embraced within previous volumes. While those acquainted with previous volumes of Ethics, Law & Society will note some marked differences in how we have gone about the work of editing, our hope is that the approach we bring is seen as enriching the work, and building on what has been a highly successful series. To a large degree, however, it has not been possible to (...) emulate what our rather formidable predecessors have achieved, even if many of the concerns which Jenny and Søren had embraced in previous volumes have continued purchase and find their natural home here too. Jenny and Søren, both prominent bioethicists, not only encouraged contributions which explored ethical and regulatory perspectives around the body, genetic technologies, life sciences and the life course, but also sought to embrace far broader concerns relating to the environment, conflict and war, and to issues which are every bit as crucial to our lived experience, such as the use and management of information. All of these concerns relate to our experience of being human and as such, it seems arbitrary – if one is genuinely concerned with social flourishing – to prioritize the kinds of concerns for inclusion in any given collection to specific themes. (shrink)

The emergence of environmental governance practices raises a fundamental question as to whether they are substantive or symbolic. Toward that end, we analyze the relationship between a firm’s environmental governance and its environmental management as reflected in its ultimate outcome, environmental performance. We posit that substantive practices would bring changes in organizations, most notably in terms of improved environmental performance, whereas symbolic practices would portray organizations as environmentally committed without making meaningful changes to their operations. Focusing on a sample of (...) environmentally sensitive firms, results are consistent with environmental governance mechanisms being predominantly part of a symbolic approach to manage stakeholder perceptions on environmental management, having little substantial impact on organizations. Statistical analyses show mostly that there is no relation between environmental governance mechanisms and environmental performance, measured in terms of regulatory compliance, pollution prevention, and environmental capital expenditures. However, there is some indication that environmental incentives are associated with pollution prevention. Interviews with corporate directors shed further light on these results by underlining that environmental governance mechanisms are employed at the board level to protect the organization from reputational and/or regulatory harm, but are not necessarily intended to proactively improve environmental performance. (shrink)

Joan Didion uses Biblical analogues in her novel Play It As It Lays (1970) to recount the American western myth she learned in her youth, “the story that the wilderness was and is redemptive” (“Thinking about Western Thinking” 14). Her use of scriptural analogues helps us to understand the moral themes in this novel. Situating her novel in America’s most disappointing frontier —Hollywood, Didion uses the Biblical metaphor of the desert to relate a tale of moral chaos illustrated by failed (...) marriages, sexual adultery, forsaken children, and suicide. In Didion’s scriptural analogues, we see, in this Hollywood story, a contemporary wilderness riven by spiritual despair and moral devastation, but a wilderness that can lead to deliverance. (shrink)

One of Fichte's most important ideas - that nature can place limits on our ability to govern ourselves, and that anyone who values autonomy is thereby committed to the value of basic research and of the development of autonomy-enhancing technologies - has received little attention in the interpretative literature on Fichte, and has little currency in contemporary ethics. This volume aims to address both deficits. Beginning from a reconstruction of Fichte's theory of rational agency, this volume examines his arguments for (...) the thesis that rational agency must have two constitutive ends: substantive and formal independence. It argues for a novel interpretation of Fichte's conception of substantive independence, and shows how Fichte's account of moral duties is derived from the end of substantive independence on that conception. It also argues for a new interpretation of Fichte's conception of formal independence, and explains why the usual understanding of this end as providing direct guidance for action must be mistaken. It encompasses a systematic reconstruction of Fichte's first-order claims in normative ethics and the philosophy of right. (shrink)

Prenatal genetic testing is becoming available for an increasingly broad set of diseases, and it is only a matter of time before parents can choose to test for hundreds, if not thousands, of genetic conditions in their fetuses. Should access to certain kinds of fetal genetic information be limited, and if so, on what basis? We evaluate a range of considerations including reproductive autonomy, parental rights, disability rights, and the rights and interests of the fetus as a potential future child. (...) We conclude that parents should be able to access information that could be useful during pregnancy, but that testing for non-medical information should be limited. Next, we argue that the government lacks a compelling state interest in regulating prenatal genetic testing and propose that regulation should occur through medical professional organizations. Finally, we present a framework for determining what testing physicians should recommend, offer neutrally, or not offer at all. (shrink)

Argues that the War on Drugs and policies that deny convicted felons equal access to employment, housing, education and public benefits create a permanent under-caste based largely on race. Reprint. 12,500 first printing.

What is given to us in conscious experience? The Given is an attempt to answer this question and in this way contribute to a general theory of mental content. The content of conscious experience is understood to be absolutely everything that is given to one, experientially, in the having of an experience. Michelle Montague focuses on the analysis of conscious perception, conscious emotion, and conscious thought, and deploys three fundamental notions in addition to the fundamental notion of content: the (...) notions of intentionality, phenomenology, and consciousness. She argues that all experience essentially involves all four things, and that the key to an adequate general theory of what is given in experience lies in giving a correct specification of the nature of these four things and the relations between them. (shrink)

Background: The ability to consent promotes children’s access to health services. Healthcare providers should assess and arrive at a clinical judgement about the child’s maturity and mental capacity to obtain valid consent. Research objective: The objective of the study was to determine practices employed by South African healthcare providers to obtain consent for treatment from children. Research design: A qualitative, explorative, descriptive research design was used and the study was contextual. Participants and research context: In all, 24 healthcare providers (professional (...) nurses and medical practitioners) were purposively sampled from a hospital and primary health clinics. Semi-structured interviews were used. Ethical consideration: Ethical approval was obtained from the Institutional Review Board and gatekeepers. Written informed consent was obtained from each participant. Findings: Healthcare providers’ current practices in obtaining consent from children revealed inconsistency in implementation as well as the yardstick used to determine children’s mental capacity. Building trust with children, sharing information and assessment were interlinked in obtaining consent. Discussion: The inconsistent practice has implications for children’s access to healthcare services. Conclusion: Inconsistent practices in the implementation of consent laws have the potential to violate children’s rights to bodily and psychological integrity, access to health services and having their opinions heard and be taken into consideration. Through uncovering the current perceptions and practices and a literature review, guidelines intended for use by the Department of Health could be developed. (shrink)

This rich and varied collection of essays addresses some of the most fundamental human questions through the lenses of philosophy, literature, religion, politics, and theology. Peter Augustine Lawler and Dale McConkey have fashioned an interdisciplinary consideration of such perennial and enduring issues as the relationship between nature and history, nature and grace, reason and revelation, classical philosophy and Christianity, modernity and postmodernity, repentance and self-limitation, and philosophy and politics.

My concern in this paper is with the intentionality of emotions. Desires and cognitions are the traditional paradigm cases of intentional attitudes, and one very direct approach to the question of the intentionality of emotions is to treat it as sui generis—as on a par with the intentionality of desires and cognitions but in no way reducible to it. A more common approach seeks to reduce the intentionality of emotions to the intentionality of familiar intentional attitudes like desires and cognitions. (...) In this paper, I argue for the sui generis approach. (shrink)

Traditionally economists have based their economic predictions on the assumption that humans are super-rational creatures, using the information we are given efficiently and generally making selfish decisions that work well for us as individuals. Economists also assume that we're doing the very best we can possibly do - not only for today, but over our whole lifetimes too. But increasingly the study of behavioural economics is revealing that our lives are not that simple. Instead, our decisions are complicated by our (...) own psychology. Each of us makes mistakes every day. We don't always know what's best for us and, even if we do, we might not have the self-control to deliver on our best intentions. We struggle to stay on diets, to get enough exercise and to manage our money. We misjudge risky situations. We are prone to herding: sometimes peer pressure leads us blindly to copy others around us; other times copying others helps us to learn quickly about new, unfamiliar situations. This Very Short Introduction explores the reasons why we make irrational decisions; how we decide quickly; why we make mistakes in risky situations; our tendency to procrastination; and how we are affected by social influences, personality, mood and emotions. The implications of understanding the rationale for our own financial behaviour are huge. Behavioural economics could help policy-makers to understand the people behind their policies, enabling them to design more effective policies, while at the same time we could find ourselves assaulted by increasingly savvy marketing. Michelle Baddeley concludes by looking forward, to see what the future of behavioural economics holds for us.ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable. (shrink)

This book develops an intersectional feminist approach to moral responsibility. It accomplisheses four main goals. First, it outlines a concise list of the main principles of intersectional feminism. Second, it uses these principles to critique prevailing philosophical theories of moral responsibility. Third, it offers an account of moral responsibility that is compatible with the ethos of intersectional feminism. And fourth, it uses intersectional feminist principles to critique culturally normative responsibility practices. -/- This is the first book to provide an explicitly (...) intersectional feminist approach to moral responsibility. After identifying the five principles central to intersectional feminism, the author demonstrates how influential theories of responsibility are incompatible with these principles. She argues that a normatively adequate theory of blame should not be preoccupied with the agency or traits of wrongdoers; it should instead underscore, and seek to ameliorate, oppression and adversity as experienced by the marginalized. Apt blame and praise, according to her intersectional feminist account, is both communicative and functionalist. The book concludes with an extensive discussion of culturally embedded responsibility practices, including asymmetrically structured conversations and gender- and racially biased social spaces. -/- An Intersectional Feminist Approach to Moral Responsibility presents a sophisticated and original philosophical account of moral responsibility. It will be of interest to philosophers working at the crossroads of moral responsibility, feminist philosophy, critical race theory, queer theory, critical disability studies, and intersectionality theory. (shrink)

Some critical philosophers of race have argued that whiteness can be understood as a technology of affect and that white supremacy is comprised partly of unconscious habits that result in racialized perception. In an effort to deepen our understanding of the affective and bodily dimensions of white supremacy and the ways in which affective habits are socially produced, I look to insights from situated affectivity. Theorists in this field maintain that affective experience is not simply a matter of felt inner (...) states, but rather socially and environmentally embedded and fundamentally relational. Jan Slaby presents the concept of an ‘affective arrangement’ as a way to approach affectivity in terms of relational dynamics unfolding within a particular setting. Applying this concept to the societal level, Paul Schuetze introduces the notion of ‘affective milieu.’ I argue that these notions of ‘affective arrangement’ and ‘affective milieu,’ together with an organicist account of habit, can help to illuminate the workings of white supremacy in the United States. My proposed account highlights the extent to which white supremacy is an affective, bodily phenomenon and how racist habits are formed over the course of learning and ongoing affective engagement, in the context of various social settings. Crucially, these affective habits are fully bound up with habits of appraisal, interpretation, and judgment, and therefore inseparable from how subjects come to see and understand their world. (shrink)

The purpose of this article is to transcend the assumption that stakeholder engagement is necessarily a responsible practice. Stakeholder engagement is traditionally seen as corporate responsibility in action. Indeed, in some literatures there exists an assumption that the more an organisation engages with its stakeholders, the more it is responsible. This simple 'more is better' view of stakeholder engagement belies the true complexity of the relationship between engagement and corporate responsibility. Stakeholder engagement may be understood in a variety of different (...) ways and from a variety of different theoretical perspectives. Stakeholder engagement may or may not involve a moral dimension and, hence, is primarily a morally neutral practice. It is therefore argued that stakeholder engagement must be seen as separate from, but related to, corporate responsibility. A model that reflects the multifaceted relationship between the two constructs is proposed. This model not only allows the coincidence of stakeholder engagement with corporate responsibility, but also allows for the development of the notion of corporate irresponsibility. (shrink)

In this paper we reflect upon our multi-year reading group as a site of decolonial feminist praxis that motivates reading in a different register from how we were trained to read as academics in the humanities. In collaborative study we willingly open ourselves to change, to being worked on by one another and by the texts we read. Our reading together has initiated the undoing of settler colonial academic subjectivity and the co-creation of new forms of scholarly subjectivity grounded in (...) relations of care, openness to transformation, and a growing commitment to epistemic justice. In giving an account of our group history and process we reflect on our complicities with settler-colonialism in the university and consider the ways that reading together has cultivated our capacities to listen to counter-narratives, formulate institutional and self critique, and engage in epistemic reparations. (shrink)

The idea for this special issue came from our mutual interest in research education and the development of future researchers. Our shared program of research has led us to discover the potentials, complexities, and dilemmas associated with research assistantships where newcomers assist more experienced researchers to conduct research projects. We considered a wide range of proposals and papers addressing different aspects of research assistantships. The resulting collection includes self-studies and analyses of others, as well as policy reviews and recommendations. The (...) pieces consider research assistantships involving bachelor's, master's, and doctoral students in four different countries (Canada, Denmark, South Africa, United States) and across a range of disciplines. (shrink)

Historians and philosophers of science have examined the relationship between language and practice for a long time. Scholars have made important contributions to the field by attending to the social, cultural and economic contexts in which scientific paradigms are created and re-created. However, this article posits that while it is true that scientific practice and the artifacts they generate are both socially and discursively constructed and therefore, inextricable from the human contexts that produce them, these artifacts are not only texts (...) to be deciphered, but material things. This essay shows that the recalcitrant material dimension of my case study, a robotic moth, shapes the results of an experiment into the laws of aerodynamics in ways incommensurate with exclusively textual and/or rhetorical critiques. (shrink)

Stories consist largely of representations of the human social environment. These representations can be used to influence the behavior of others (consider, e.g., rumor, propaganda, public relations, advertising). Storytelling can thus be seen as a transaction in which the benefit to the listener is information about his or her environment, and the benefit to the storyteller is the elicitation of behavior from the listener that serves the former’s interests. However, because no two individuals have exactly the same fitness interests, we (...) would expect different storytellers to have different narrative perspectives and priorities due to differences in sex, age, health, social status, marital status, number of offspring, and so on. Tellingly, the folklore record indicates that different storytellers within the same cultural group tell the same story differently. Furthermore, the historical and ethnographic records provide numerous examples of storytelling deliberately used as a means of political manipulation. This evidence suggests that storyteller bias is rooted in differences in individual fitness interests, and that storytelling may have originated as a means of promoting these interests. (shrink)

This chapter outlines Kierkegaard’s account of Christian belief and the foundations of Christian ethics, and his positive account of moral agency.

In the Second Treatise of Government, Locke clearly intends to construct a political order that limits the harm a tyrannical ruler can do, but his account of prerogative also effectively limits the good a ruler can do. If political and paternal power are distinct, then the standard for legitimate rule is not the public good but the good as the public understands it. The significance of this distinction becomes clear when we recognize Locke’s pessimism about our ability to adequately judge (...) the public good. Locke’s reliance on the public’s judgment as the final authority, despite his expectation that we will judge badly, can be explained in practical or pedagogical terms. He further suggests that the limits to a ruler’s power follow from inherent limits on what human beings can know about the good. (shrink)

Many assumed that the Obama administration would usher in a sea change from the previous administration by expanding NIH support for human embryonic stem cell (hESC) research and reducing the patchwork of state and federal regulations that currently governs it. This article examines the extent to which NIH’s new Guidelines are likely to accomplish these goals.

Building on contemporary research in embodied cognition, enactivism, and the extended mind, this book explores how social institutions in contemporary neoliberal nation-states systematically affect our thoughts, feelings, and agency. Human beings are, necessarily, social animals who create and belong to social institutions. But social institutions take on a life of their own, and literally shape the minds of all those who belong to them, for better or worse, usually without their being self-consciously aware of it. Indeed, in contemporary neoliberal societies, (...) it is generally for the worse. In The Mind-Body Politic, Michelle Maiese and Robert Hanna work out a new critique of contemporary social institutions by deploying the special standpoint of the philosophy of mind—in particular, the special standpoint of the philosophy of what they call essentially embodied minds—and make a set of concrete, positive proposals for radically changing both these social institutions and also our essentially embodied lives for the better. (shrink)

Embodied Selves and Divided Minds examines how research in embodied cognition and enactivism can contribute to our understanding of the nature of self-consciousness, the metaphysics of personal identity, and the disruptions to self-awareness that occur in case of psychopathology. The book reveals how a critical dialogue between Philosophy and Psychiatry can lead to a better understanding of important issues surrounding self-consciousness, personal identity, and psychopathology.

Paintings of music are a significant presence in modern art. They are cross-modal representations, aimed at representing music, say, musical works or forms, using colors, lines, and shapes in the visual modality. This article aims to provide a conceptual framework for understanding paintings of music. Using examples from modern art, the article addresses the question of what a painting of music is. Implications for the aesthetic appreciation of paintings of music are also drawn.

In this article, I address general jurisprudence's ‘dirty little secret' or its apparent tension with normative conceptions of democracy. I argue that this tension is not coincidental, but a histor...

Although mental health professionals traditionally have been viewed as sole experts and decision-makers, there is increasing awareness that the experiential knowledge of former patients can make an important contribution to mental health practices. I argue that current patients likewise possess a kind of expertise, and that including them as active participants in diagnosis and treatment can strengthen their autonomy and allow them to build up important habits and skills. To make sense of these agential benefits and describe how patients might (...) act as co-regulators of a therapeutic encounter, I look to the enactivist notion of “participatory sensemaking”. (shrink)

This volume is the first to bring together original work by leading philosophers and psychologists in an examination of the moral psychology of contempt.

O presente trabalho tem como objetivo aprofundar a compreensão sobre a importância da sensibilidade nas ações éticas, segundo a filosofia de Hans Jonas. A sensibilidade possui um lugar de destaque no pensamento de Jonas, já que o autor considera tanto o âmbito racional do ser humano quanto o sensível como essenciais à uma proposta ética que seja efetiva. Assim, para compreendermos de maneira mais apurada a relação da sensibilidade com a ética no pensamento do filósofo, faremos uma análise dos afetos (...) em O Princípio Responsabilidade com a finalidade de mapear as suas potencialidades e as conexões com a ética. (shrink)

On peut considérer que ce qui se produit dans le travail familial thérapeutique avec une famille dans une institution donnée est révélateur du fonctionnement de la famille tel que cette dernière le projette sur l’institution. Mais ce qui se passe dans cette thérapie peut aussi refléter le fonctionnement de l’institution à ce moment précis : ce qui se vit dans l’institution a souvent des répercussions sur les prises en charge thérapeutiques.