The diagnostic category of borderline personality disorder (BPD) has come under increasing criticism in recent years. In this paper, we analyze the role and impact of epistemic injustice, specifically testimonial injustice, in relation to the diagnosis of BPD. We first offer a critical sociological and historical account, detailing and expanding a range of arguments that BPD is problematic nosologically. We then turn to explore the epistemic injustices that can result from a BPD diagnosis, showing how they can lead to experiences (...) of testimonial injustice which impede patient engagement in meaning-making activities, thereby undermining standard therapeutic goals. We conclude by showing how our arguments bolster ongoing efforts to replace the diagnostic category of BPD with alternatives such as complex post-traumatic stress disorder. (shrink)

Questions about when to limit unhelpful treatments are often raised in general medicine but are less commonly considered in psychiatry. Here we describe a survey of U.S. psychiatrists intended to characterize their attitudes about the management of suicidal ideation in patients with severely treatment-refractory illness. Respondents (n = 212) received one of two cases describing a patient with suicidal ideation due to either borderline personality disorder or major depressive disorder. Both patients were described as receiving all guideline-based and plausible emerging (...) treatments. Respondents rated the expected helpfulness and likelihood of recommending each of four types of intervention: hospitalization, additional medication changes, additional neurostimulation, and additional psychotherapy. Across both cases, most respondents said they were likely to provide each intervention, except for additional neurostimulation in borderline personality disorder, while fewer thought each intervention would be helpful. Substantial minorities of respondents indicated that they would provide an intervention they did not think was likely to be helpful. Our results suggest that while most psychiatrists recognize the possibility that some patients are unlikely to be helped by available treatments, many would continue to offer such treatments. (shrink)

In this book we attempted to gather together a set of chapters that describe new ways of approaching questions about aesthetics and innovation. Rather than going over old ground, the chapters describe attempts to break out in new directions. The book begins with a description of von Ehrenfels development of a Gestalt theory of aesthetics so evocative of the Vienna of 1900 that readers will wish that they had been there to experience the intellectual excitement and ends with a survey (...) the very latest research on brain scan research on perception of art. In between, we encounter chapters as diverse as a description of cognitive effects on art perception and on the analogies between oscillations in art history and waves in the physical world. About half of the book contains chapters by well known western psychological aestheticians and half chapters by Russian scholars many of whom will be new to western readers. As well as describing new methods and results, the chapters by Russian scholars will be novel to most western readers, because the Russian perspective on aesthetics and innovation is rather different than the traditional western perspectives. Looking at phenomena from new viewpoints never hurts and very often helps in science. (shrink)

Tort law does many things—it determines substantive rights, decides what counts as violating these rights, recognizes rights of repair, and grants rights of redress. Two non-instrumentalist conceptions of tort law appear to dominate how we are supposed to understand and discharge these tasks. One conception takes tort law to be the law of wrongs, whereas the other conception identifies tort law with the law of victim recourse. I argue that both conceptions (including a combination of both) mischaracterize what tort law (...) does and what it should be doing. By contrast, the conception I shall defend—viz., the conflict theory of tort law—takes the basic task of tort law to be identifying the value of the conflict to which it responds (or which it shapes). In fact, there are three types of conflicts: inherently valuable, tolerably valuable, and valueless. Each type of conflict calls for a qualitatively different response by the law of torts. The conflict theory, I argue, changes the way we understand and determine the rights, duties, liabilities, and remedies that arise in and around tort law. I demonstrate this claim in connection with the tort of battery and then extend the analysis to capture the tort law of workplace and, in particular, trespass law as it applies to nonconsensual access to the workplace by organizers and by workers. (shrink)

The most powerful response to growing skepticism about the intelligibility of the idea of private ownership has been cast in terms of an owner's rights to the exclusive use of an object. In these pages, I argue that this response suffers from three basic deficiencies—rather than merely explanatory gaps—that render it unable to overcome the specter of skepticism. These deficiencies reflect a shared want of attention to the normative relationship that ownership engenders between owners and nonowners. In place of the (...) right to exclusive use, I set out to develop an account of private ownership that seeks to defeat skepticism concerning this idea. The proposed account insists that the idea of private ownership picks out a special authority relation between an owner and a nonowner involving the normative standing of the latter in relation to an object owned by the former. I further demonstrate the important place of this idea in shaping the contours of normative disagreements about the point of ownership rights and responsibilities. (shrink)

The two questions I seek to address in these pages are what is public property and why does it matter. Public property, like property more generally, is a powerful legal arrangement of allocating control and use rights with respect to resources. Unlike private property, public property does not establish normative powers with which private individuals can shape their practical affairs in and around social spheres such as housing, work, commerce, and worship. Rather, its distinctive value lies in extending autonomous agency (...) to the construction of public spaces and resources. Public property places individuals in a position of collective self-government, manifested in the following two particular ways: first, expressing the ideas and commitments that the political community as a whole affirms; and second, exerting control over the construction and direction of the resources that make up the environment they occupy. (shrink)

In a series of works published over a period of twenty five years, C.W. Huntington, Jr. has developed a provocative and radical reading of Madhyamaka inspired by ‘the insights of post- Wittgensteinian pragmatism and deconstruction’. This article examines the body of Huntington’s work through the filter of his seminal 2007 publication, ‘The Nature of the M?dhyamika Trick’, a polemic aimed at a quartet of other recent commentators on Madhyamaka who attempt ‘to read N?g?rjuna through the lens of modern symbolic logic’, (...) a project which is the ‘end result of a long and complex scholastic enterprise … [which] can be traced backwards from contemporary academic discourse to fifteenth century Tibet, and from there into India’ and which Huntington sees as distorting the Madhyamaka project which was not aimed at ‘command[ing] assent to a set of rationally grounded doctrines, tenets, or true conclusions’. This article begins by explicating some disparate strands found in Huntington’s work, which I connect under a radicalized notion of ‘context’. These strands consist of a contextualist/pragmatic theory of truth, a contextualist epistemology, and a contextualist ontology where entities are viewed as necessarily relational I then use these linked theories to find fault with Huntington’s own readings of Candrak?rti and N?g?rjuna, arguing that Huntington misreads the semantic context of certain key terms and fails to follow the implications of N?g?rjuna and Candrak?rti’s reliance on the role of the pram??as in constituting conventional reality. Thus, I find that Huntington’s imputation of a rejection of logic and rational argumentation to N?g?rjuna and Candrak?rti is unwarranted. Finally, I offer alternate readings of the four contemporary commentators selected by Huntington, using the conceptual apparatus developed earlier to dismiss Robinson’s and Hayes’s view of N?g?rjuna as a charlatan relying on logical fallacies, and to find common ground between Huntington’s project and the view of N?g?rjuna developed by Tillemans and Garfield as a thinker committed using reason to reach, through rational analysis, ‘the limits of thought.’. (shrink)

Written in an style intended to speak to both academics and a general audience, The Consequences of Rights addresses what it means to encounter the human rights concept and advocate for rights from the position of the university academic but in the face of the reality that rights are the ultimate "public topic"-a matter of "all members of the human family," as phrased in the Universal Declaration of Human Rights. The Consequences of Rights addresses three questions: how, in the face (...) of the notion that all ideas are historical (and hence norms change), can one justify defending human rights, what governmental systems might be suggested by human rights concepts-especially in view of the idea's universalism-and how might one "write," or communicate about, human rights concepts? Universal rights might be one of many ideas about social order we have maintained over history's course, rights may ask us to think past the nation in terms of governmental forms, and rights may challenge us to be plain in our language as we address their subject, which is all of us, in the end. In a personal yet academic style, The Consequences of Rights takes on these topics, inviting the public and scholars alike to consider their views on such problems. (shrink)

Este artículo estudia el uso de documentos de archivo en el arte chileno contemporáneo en un contexto social de demandas de acceso a los documentos de la dictadura en ese país. Partiendo del libro de poesía documental Chile Project: [Re-classified] (2013) que Carlos Soto Román realiza con los archivos desclasificados de la CIA, y poniéndolo en relación con la obra de Voluspa Jarpa y de Francisco Tapia Salinas, el artículo examina demandas artísticas y sociales de colectivización y desclasificación de archivos. (...) Mediante el análisis de los modos en que, en contra de la prohibición estatal que clasifica esos documentos hasta el año 2054, artistas y organizaciones independientes intentan acceder “desde abajo” e intervenir los archivos, se propone que estas iniciativas ponen en cuestión la monopolización de información pública por el Estado y la construcción de una “verdad de archivo”, planteando así el problema de la formación, acceso y destrucción de información y documentos históricos. Finalmente, el artículo plantea que el arte y la literatura muestran un nuevo poder de crítica y de intervención y, junto con propuestas sociales para un archivo colectivo descentralizado, disputan el poder monopólico del Estado sobre los archivos y la información pública. (shrink)

In this paper I examine two limit cases in which the body is threatened: the experience of emergency as described by Antoine de Saint-Exupéry’s Flight to Arras, and the experience of illness as described by Jean-Luc Nancy in his autobiographical essay The Intruder. In the first case, the everyday relationship to the body is revealed to be illusionary; the body becomes a powerful yet obedient machine. In the second case, the everyday relationship to the body is also suspended, but this (...) time in favor of a weak and objectified body. I argue that these apparently opposite experiences actually presuppose a similar notion of the everyday body, which I further conceptualize, through Merleau-Ponty and his analysis of the body, as deficient and therefore inherently repressed. The paper concludes with the suggestion that writing about one’s own body may be seen as a way to fight the everyday tendency towards repression, and I propose overwriting as a term that can capture this process. (shrink)

Contemporary discussions of private law theory have sought to divine the deep structure and content of private law by reference to two key distinctions. First, the distinction between private and criminal law has been utilized to flesh out the distinctively bipolar structure of private law. Second, the distinction between formal and distributive equality has served to highlight the special terms of interaction established in private law. In these pages, I take up the former distinction, arguing that its theoretical significance is (...) overdrawn. I argue that it does not succeed in identifying private law’s precise nature. (shrink)

In Plato’s dialogue Protagoras, the famous sophist recounts the myth of how mortal creatures were created. The gods, he says, gave the brothers Prometheus and Epimetheus the task to deal out to each creature the equipment of its proper faculty. Yet Epimetheus, literally the afterthinker, asked Prometheus, the forethinker, to distribute the qualities himself: “‘And when I have dealt,’ he said, ‘you shall examine’”. So Epimetheus distributed to each animal qualities according to a principle of equilibrium and compensation, each becoming (...) either swift or strong, skilled or large, and thereafter he provided all creatures with their appropriate food and clothing. Only then, however, did he realize that, lacking... (shrink)

Background Deep brain stimulation is approved for treating refractory obsessive-compulsive disorder in adults under the US Food and Drug Administration Humanitarian Device Exemption, and studies have shown its efficacy in reducing symptom severity and improving quality of life. While similar deep brain stimulation treatment is available for pediatric patients with dystonia, it is not yet available for pediatric patients with obsessive-compulsive disorder, although soon could be. The prospect of growing indications for pediatric deep brain stimulation raises several ethical concerns relating (...) to bodily integrity, the ability to offer informed assent, and the role pediatric patients play in the decision-making process. Objective The aim of this study is to solicit and assess the views of stakeholders (children, parents, clinicians) on pediatric assent, autonomy, and bodily integrity in the context of potential pediatric deep brain stimulation for obsessive-compulsive disorder. Methods Semi-structured interviews were conducted with pediatric obsessive-compulsive disorder patients ( n = 21), caregivers of pediatric obsessive-compulsive disorder patients aged 14–18 ( n = 19), and clinicians with experience treating refractory obsessive-compulsive disorder ( n = 25). Interviews were transcribed and coded in MAXQDA 2018 and 2020 software and processed for thematic content analysis to isolate and compare specific themes. Results A majority of respondents (74%, 48/65) across all three stakeholder groups voiced that the decision-making process should be collaborative and involve everyone (clinicians: 84% or 21/25, caregivers 71% or 15/21, and patients 63% or 12/19). We identified a split between respondents’ views on who should have the final say in the event of disagreement (38% or 25/65 favored the patient versus 35% or 23/65 favoring caregivers). A split between respondents also emerged concerning the maturity relevant for deep brain stimulation decision-making, with 45% (29/65) favoring developmental maturity (age/physiological development) and 45% (29/65) favoring decisional maturity (capacity to understand and weigh information). A majority of clinicians indicated that they would not move forward with deep brain stimulation without securing patient assent (80% or 20/25), with some stating the only exception is if patient quality of life was very poor and/or they lacked insight. Both caregivers and patients expressed a significant respect for the patient's right to bodily integrity, with 67% of caregivers (14/21) and 68% of patients (13/19) justifying patient involvement in decision-making specifically with reference to infringements of bodily integrity. Conclusion Our findings demonstrate that despite broad agreement across stakeholders that the decision-making process for pediatric deep brain stimulation for obsessive-compulsive disorder should be collaborative and somehow involve pediatric patients, there is disagreement about what this process entails and what factors determine patient involvement in the process. However, there is agreement that children have a right to bodily and brain integrity, which should only be infringed upon in rare circumstances. (shrink)

A highly original and interdisciplinary study of the philosophy of the everyday.

IntroductionDeep brain stimulation (DBS) is utilized to treat pediatric refractory dystonia and its use in pediatric patients is expected to grow. One important question concerns the impact of hope and unrealistic optimism on decision-making, especially in “last resort” intervention scenarios such as DBS for refractory conditions.ObjectiveThis study examined stakeholder experiences and perspectives on hope and unrealistic optimism in the context of decision-making about DBS for childhood dystonia and provides insights for clinicians seeking to implement effective communication strategies.Materials and MethodsSemi-structured interviews (...) with clinicians (n = 29) and caregivers (n = 44) were conducted, transcribed, and coded.ResultsUsing thematic content analysis, four major themes from clinician interviews and five major themes from caregiver interviews related to hopes and expectations were identified. Clinicians expressed concerns about caregiver false hopes (86%, 25/29) and desperation (68.9%, 20/29) in light of DBS being a last resort. As a result, 68.9% of clinicians (20/29) expressed that they intentionally tried to lower caregiver expectations about DBS outcomes. Clinicians also expressed concern that, on the flip side, unrealistic pessimism drives away some patients who might otherwise benefit from DBS (34.5%, 10/29). Caregivers viewed DBS as the last option that they had to try (61.3%, 27/44), and 73% of caregivers (32/44) viewed themselves as having high hopes but reasonable expectations. Fewer than half (43%, 19/44) expressed that they struggled setting outcome expectations due to the uncertainty of DBS, and 50% of post-DBS caregivers (14/28) expressed some negative feelings post treatment due to unmet expectations. 43% of caregivers (19/44) had experiences with clinicians who tried to set low expectations about the potential benefits of DBS.ConclusionThoughtful clinician-stakeholder discussion is needed to ensure realistic outcome expectations. (shrink)

Assumption of risk - the notion that one cannot complain about a harmful state to which one has willingly exposed oneself - figures prominently in our extra-legal lived experience. In spite of its deep roots in our common-sense morality, the tort doctrine of assumption of risk has long been discredited by many leading tort scholars, restatement reporters, courts, and legislatures. In recent years, however, growing concerns about junk food consumption, and about obesity more generally, have given rise to considerations that (...) are traditionally associated with the principles underlying the doctrine of assumption of risk. Against this backdrop, I shall advance two claims: one negative and the other affirmative. The negative claim is that the major objections to the doctrine of assumption of risk are either misplaced or overblown. And affirmatively, I argue that this doctrine can provide an illuminating framework with which to address pressing social concerns such as the one associated with junk food’s harmful side-effects. (shrink)

For private property to be legitimately recognized as a universal human right, its meaning should pass the test of self-imposability by an end. In this Essay, we argue, negatively, that the prevailing understanding of private property cannot plausibly meet this demanding standard; and develop, affirmatively, a liberal conception which has a much better prospect of meeting property’s justificatory challenge. Private property, on our account, is an empowering device, which is crucial both to people’s personal autonomy and to their relational equality. (...) The liberal conception of the human right to property has both vertical and horizontal significance — it implies respect from both the public authority and other individuals — which means that it is thoroughly political but not necessarily statist. Our account generates important implications, both domestic and transnational. Domestically, it implies that whereas some property rights should be subject to strong constitutional protection, state law should facilitate other types of private and non-private property institutions, and these property institutions may well be subject to non-owners’ claims to access and, more broadly, to being treated respectfully. Furthermore, our conception of the human right to property requires that everyone have the unusual authority typical of full-blown private ownership. Transnationally, our analysis highlights a freestanding dimension of relational justice, which is relevant across borders even given that our distributive obligations are statist. This injunction of relational justice in transnational interactions brings into question the adequacy of the current state of the law, according to which these interactions are mainly governed by choice-of-law rules that conceptualize them as wholly subsumed under the capacities of the parties as citizens of their respective polities. (shrink)

ABSTRACTThis article develops a theory of just contractual relationships for a liberal society. As a liberal theory, our account is premised on liberalism's canonical commitments to self-determination and substantive equality. As a theory of contract law, it focuses on the parties’ interpersonal interactions rather than on the justice of the social order as a whole.Normatively, the article claims that the rules governing cases where one party experiences harsh circumstances or vulnerability during the bargaining process or operates under significant informational disadvantage (...) must be guided by the commitment to relational justice, that is, to reciprocal respect for self-determination and substantive equality. Jurisprudentially, the article studies the systemic difficulties hindering the translation of these normative prescriptions into legal language and analyzes how they affect the form assumed by the law of precontractual justice and its institutional pedigree. (shrink)

According to the established orthodoxy, the law of private wrongs—especially common law torts—fails to map onto our moral universe. Four objections in particular have caught the imagination of skeptics about the moral foundations of tort law: They purport to cast doubt over the moral appeal of the duty of care element; they target the seemingly inegalitarian objective standard of care; they object to the morally arbitrary elements of factual causation and harm; and they complain about the unnecessary extension of liability (...) under the guise of the proximate cause element. Analyzing these four prevailing arguments concerning the a-moral (and, with regard to some interpretations, anti-moral) character of tort law, I shall seek to show that the normative structure of tort law can, nonetheless, be reconstructed so as to reflect, to an important extent, our considered judgments about basic moral principles. (shrink)

This essay addresses Georges Bataille as a historical thinker by concentrating on The Accursed Share (three volumes, 1949-54), the text Bataille took as his masterwork. An amalgam of cultural criticism, anthropological and sociological research, The Accursed Share reveals Bataille's temporalised vision of his four central ideas, excess, expenditure, sovereignty and transgression. Grappling with this vision is key for understanding Bataille's oeuvre as a whole because it brings the entirety of his assessments of Western and world culture under its heading.The aim (...) of the paper is to offer a sense, on one hand, of Bataille's dystopic heterology and, on the other hand, the unique formulation of the junctures between economics, power and morality that define him as important for the irruption of post-structural thought specifically, and indeed, the postmodern era as a whole. (shrink)

This paper aims to clarify the role the double plays in the constitution of identity, focusing on the movement between the individual and the collective level. Notably, the latter today is often considered through the lens of identity politics. The double, I argue, poses an alternative to this type of politics, by showing the interdependence of groups. As a case study, this paper focuses on the complex relationship between the anti-Semite and the Jew as depicted by Sartre. I begin with (...) a psychoanalytical examination of the figure of the double,follow on with an analysis of Sartre's work in the light of the double, and conclude with Girard's theory of mimetic desire. (shrink)

Warren's major contention is that judgments of subjective magnitude are not possible, and therefore subjects base such judgments upon physical correlates of the dimension in question. It would appear that Warren's theory will almost surely fail as a comprehensive model, even though it does provide a heuristic account of judgments of loudness and brightness. In order for the theory to succeed, Warren must specify a physical correlate for judgments ofeverysubjective attribute that has yielded orderly data with Stevens's scaling procedures.

Do we need a right to mental privacy? In an era of increasing sophistication in recording, interpreting, and directly intervening on our neural activity – not to mention efforts at combining neural...

Why it is that the principle of freedom of religion, rather than a more general principle such as liberty or liberty of conscience, figures so prominently in our lived experience and, in particular, in the constitutional commitment to the free exercise of religion? The Paper argues, negatively, that the most prominent answers offered thus far fall short; and positively, that the principle of freedom of religion arises out of a thicker understanding of the much neglected relationship between religious liberty and (...) democracy. Indeed, a proper account of the legitimacy of the democratic process. I argue, dissolves the mystery surrounding freedom of religion, and thus allows for an adequate justification of this principle. The thesis of this paper is that freedom of religion is a remedy that redresses the exclusion of certain religious arguments from the democratic process. The redress is grounded in a republican concern for political self-determination while exclusion is prescribed by a liberal ideal of political legitimation. (shrink)

In this paper I analyse the role of naturalism and objectivism in everyday life according to Husserl and Merleau-Ponty. Whereas Husserl attributes the naturalistic attitude mainly to science, he defines the objectivist attitude as a naiveté which equally applies to the natural attitude of everyday life. I analyse the relationship between the natural attitude and lived experience and show Husserl's hesitation regarding the task of phenomenology in describing the lived experience of everyday life, since he considers this experience to be (...) too objectivistic. I use Merleau-Ponty's work to argue that objectivism is an essential characteristic of lived experience and that phenomenology should therefore find ways to integrate it into its descriptions while simultaneously suggesting ways to overcome its rigidity in order to renew perception. I finally propose that the project of the naturalisation of phenomenology could be one of the ways to connect lived experience to the objectivism of everyday life. (shrink)