Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. Legal Republicanism is the first book to offer a comprehensive, critical survey of the potential for creating republican accounts of fundamental issues in law and legal theory.

This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There is (...) more to the rule of law than convergence and determinacy and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertaining to the nature and sources of disagreement, its extent and significance, as well as the procedural, institutional and substantive responses to disagreement in the law and their legitimacy, this book suggests the value of a comprehensive approach to thinking about conflict, which until recently has been analysed in a compartmentalized way. It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement. Developing such a global theory of disagreement in the law should be read in the context of the broader effort of reconstructing a complete account of democratic law-making in pluralistic societies. The book will be of value not only to legal philosophers and constitutional theorists, but also to political and democratic theorists, as well as to all those interested in public decision-making in conditions of conflict. (shrink)

_A compelling set of lectures on political obligation that contributes to ongoing debates in political theory and intellectual history_ This stimulating collection of lectures by the late Judith Shklar on political obligation is paired with a scholarly introduction that offers an overview of her life, illuminates the connections among her teaching, research, and publications, and explains why her lectures still resonate with us and contribute to current debates in political theory and intellectual history.

Claims that the self and experience in general are narrative in structure are increasingly common, but it is not always clear what such claims come down to. In this paper, I argue that if the view is to be distinctive, the element of narrativity must be taken as literally as possible. If we do so, and explore the consequences of thinking about our selves and our lives in this manner, we shall see that the narrative view fundamentally confusues art and (...) life. We learn from art itself that our selves and lives transcend narratives and that thinking in a narrative manner ignores the rich complexity of individual persons. Footnotes1 I am grateful to John Cottingham, Galen Strawson, Bart Streumer and Douglas Farland for helpful comments on an earlier draft of this paper. (shrink)

The ontologies of Slavoj Žižek and Gilles Deleuze are incommensurable. Rather than appropriate one at the expense of the other, this essay uses Žižek’s notion of parallax to think the two philosophers together, without mediation. Both Deleuze and Žižek provide mirrored philosophical images, with the point of divergence being absolute lack. Deleuze argues that lack, or the being of negation, is an error of representational understanding, while Žižek conceives his philosophy as being driven by absolute lack. A stark opponent of (...) Žižek’s precursor, Hegel, Deleuze rejects opposition as a constitutive feature of reality. However, Žižek mirrors Deleuze’s very concepts in his Lacanian reading of Hegel, while said concepts retain identical terms. For instance, Žižek calls l’objet petit a “difference,” while his term for absolute negation is “repetition,” and finally, he refers to his philosophical system as the “non-All”. These singular concepts in Žižek’s thought share an identical language with that of Deleuze. Deleuze’s philosophy is one of “difference,” while its mode of proliferation is “repetition,” and finally, he often refers to his philosophy as the “One-All”. Mapping these common terms that do not denote a common language, but incommensurable, inverse logics, it becomes evident that Deleuze and Žižek are mirror images of one another, infinitely fragmenting across the expanse of their respective positions. Thus, by triangulating ontology from their unique perspectives, a new ontological shift emerges—one that resists mediation and admixture. (shrink)

The authors consider the legal and ethical considerations of offering a time-limited trial of a potentially non-beneficial intervention in the setting of patient or surrogate requests to pursue aggressive treatment. The likelihood of an intervention’s success is rarely a zero-sum game, and an intervention’s risk-to-benefit ratio may be indiscernible without further information (often, a matter of time).

Steiner’s book is an engaging and challenging romp through important issues in rights theory, moral and economic reasoning, theories of freedom, and questions of justice. An Essay on Rights develops and connects themes pursued by Steiner in a series of articles written over the past two decades.

In this paper I explore the influence of Kant's theory of imagination on a specific aspect of Heidegger and Merleau-Ponty's thought, viz., their theories of understanding. 1 argue that the theories of Verstehen that Heidegger presents in Being and Time and of comprendre that Merleau-Ponty presents in Phenomenology of Perception can be helpfully read as elaborations of Kant's account of imagination.

Biases and misunderstanding stemming from pre-training in Generative Pre-Trained Transformers are more likely for users of underrepresented English varieties, since the training dataset favors dominant Englishes (e.g., American English). We investigate (potential) bias in GPT-4 when it interacts with Trinidadian English Creole (TEC), a non-hegemonic English variety that partially overlaps with standardized English (SE) but still contains distinctive characteristics. (1) Comparable responses: we asked GPT-4 18 questions in TEC and SE and compared the content and detail of the responses. (2) (...) Accurate translation: we assessed how accurate and authentic 29 TEC and 34 SE translations were. (3) Language knowledge and attitudes: we asked what language the prompts were written in and categorized the responses and examined any language attitudes that were exhibited. Content and detail in prompts were comparable. The model was proficient at translating TEC pronouns and many grammatical categories. It was weaker at processing spelling and vocabulary items. In addition, it produced several inauthentic features. Only 39% of TEC-generated sentences were fully grammatical. While GPT-4 was perfect at identifying SE, it was 21% accurate at identifying TEC, which it sometimes classified as English with “errors” and “corrected”. GPT-4’s scope of use is limited for non-hegemonic English users. It is problematic that some of its analyses perpetuate bias against underrepresented Englishes. Increased research on lesser-documented Englishes is necessary and we anticipate that this problem affects dialects of other languages. We intend to partner with Trinidadian stakeholders to train GPT-4 in the future. (shrink)

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In this unique volume, some of today's most eminent political philosophers examine the thought of John Rawls, focusing in particular on his most recent work. These original essays explore diverse issues, including the problem of pluralism, the relationship between constitutive commitment and liberal institutions, just treatment of dissident minorities, the constitutional implications of liberalism, international relations, and the structure of international law. The first comprehensive study of Rawls's recent work, The Idea of Political Liberalism will be indispensable for political philosophers (...) and theorists interested in contemporary political thought. (shrink)

Our attitude towards cynicism is ambivalent: On the one hand we condemn it as a character failing and a trend that is undermining political and social life; on the other hand, we are often impressed by the apparent realism and honesty of the cynic. My aim in this paper is to offer an account of cynicism that can explain both our attraction and aversion. After defending a particular conception of cynicism, I argue that most of the work in explaining the (...) fault of cynicism can be done by referring not to the cynic’s beliefs about humanity, but to the attitude cultivated as a response to that belief. This attitude is hostile to the virtues of faith, hope and charity, upon which relationships and our sense of moral community depend. In conclusion, I suggest that holding the cynical belief is itself immoral, and that cynicism is disrespectful and destructive of morality. (shrink)

What is the role of chance in scientific discovery? And, more to the point, if chance plays a key role in scientific discovery, what room is left for reason? These are grounding questions in the debates, for instance, over whether there is a distinction to be made between discovery and justification in science, and whether innate genius must play a role in discovery or if there exists some method that can be taught to anyone. While the role of chance has (...) been discussed throughout the history of science, it has resurfaced in recent debates over how science should be funded, and particularly in the field of biomedical research. The word serendipity, for example, has become increasingly... (shrink)

Samantha Matherne defends a systematic interpretation of the philosopher Immanuel Kants theory of imagination. In contrast with more traditional theories of imagination, as a kind of fantasy that we exercise only in relation to objects that are not real or not present, Matherne argues that Kant theorizes imagination as something that we exercise just as much in relation to objects that are real and present. In short, she attributes to Kant a view of imagining as something that pervades our (...) lives. In order to bring out this pervasiveness, Matherne offers an account of what kind of mental capacity Kant takes imagination to be in general. She then explores Kants picture of how we exercise our imagination in perception, ordinary experience, the appreciation of beauty and sublimity, the production of art, the pursuit of happiness, and the pursuit of morality. However, she makes the case that Kants analysis of this wide range of phenomena is underwritten by a unified theory of what imagination is, as a remarkably flexible cognitive capacity that we can exercise in constrained and creative, playful and serious ways. (shrink)

Background The review of human participant research by Research Ethics Committees or Institutional Review Boards is a complex multi-faceted process that cannot be reduced to an algorithm. However, this does not give RECs/ IRBs permission to be inconsistent in their specific requirements to researchers or in their final opinions. In England the Health Research Authority coordinates 67 committees, and has adopted a consistency improvement plan including a process called “Shared Ethical Debate” where multiple committees review the same project. Committee reviews (...) are compared for consistency by analysing the resulting minutes. Methods We present a description of the ShED process. We report an analysis of minutes created by research ethics committees participating in two ShED exercises, and compare them to minutes produced in a published “mystery shopper” exercise. We propose a consistency score by defining top themes for each exercise, and calculating the ratio between top themes and total themes identified by each committee for each ShED exercise. Results Our analysis highlights qualitative differences between the ShED 19, ShED 20 and “mystery shopper” exercises. The quantitative measure of consistency showed only one committee across the three exercises with more than half its total themes as top themes. The average consistency scores for the three exercises were 0.23, 0.35 and 0.32. There is a statistically significant difference between the ShED 19 exercise, and the ShED 20 and mystery shopper exercises. Conclusions ShED exercises are effective in identifying inconsistency between ethics committees and we describe a scoring method that could be used to quantify this. However, whilst a level of inconsistency is probably inevitable in research ethics committee reviews, studies must move beyond the ShED methodology to understand why inconsistency occurs, and what an acceptable level of inconsistency might be. (shrink)

The often‐posed dichotomy between the interest and choice theory of rights can obfuscate a proper understanding of children's rights. We need a gradualist model in which the grounds for attributing rights to a being change in response to the development of autonomy. Rights for children initially function to protect their interests but, as they develop into full‐fledged autonomous choosers, rights function to ensure that their choices, even those that do not serve their welfare, are respected.

Taking hunting as an example, an account of animal beauty as animation can be developed. Our delight in many kinds of animals is crucially a matter of an aesthetic property which can be called “the animate” or “animation.” A proper response to animate animal beauty is a virtuous character trait that hunters lack. The beauty of animals calls for particular responses from observers: it brings along certain duties and requires the cultivation of certain traits of character—ones that are incompatible with (...) hunting animals. An argument against hunting animals can move from aesthetic value to ethical value relying on the aesthetic notion of disinterestedness. (shrink)

In _Biocultural Creatures_, Samantha Frost brings feminist and political theory together with findings in the life sciences to recuperate the category of the human for politics. Challenging the idea of human exceptionalism as well as other theories of subjectivity that rest on a distinction between biology and culture, Frost proposes that humans are biocultural creatures who quite literally are cultured within the material, social, and symbolic worlds they inhabit. Through discussions about carbon, the functions of cell membranes, the activity (...) of genes and proteins, the work of oxygen, and the passage of time, Frost recasts questions about the nature of matter, identity, and embodiment. In doing so, she elucidates the imbrication of the biological and cultural within the corporeal self. In remapping the relation of humans to their habitats and arriving at the idea that humans are biocultural creatures, Frost provides new theoretical resources for responding to political and environmental crises and for thinking about how to transform the ways we live. (shrink)

Pure mathematics can play an indispensable role explaining empirical phenomena if recent accounts of insect evolution are correct. In particular, the prime life cycles of cicadas and the geometric structure of honeycombs are taken to undergird an inference to the best explanation about mathematical entities. Neither example supports this inference or the mathematical realism it is intended to establish. Both incorrectly assume that facts about mathematical optimality drove selection for the respective traits and explain why they exist. We show how (...) this problem can be avoided, identify limitations of explanatory indispensability arguments, and attempt to clarify the nature of mathematical explanation. (shrink)

In his Letters on the Aesthetic Education of Man, Friedrich Schiller draws a striking connection between aesthetic value and individual and political freedom, claiming that, ‘it is only through beauty that man makes his way to freedom’. However, contemporary ways of thinking about freedom and aesthetic value make it difficult to see what the connection could be. Through a careful reconstruction of the Letters, we argue that Schiller’s theory of aesthetic value serves as the key to understanding not only his (...) view of aesthetic engagement, but also his distinctive account of individual and political freedom. In Part I, we develop a reconstruction of Schiller's view that aesthetic value is the only path to individual freedom and in Part II we analyze how Schiller connects aesthetic value to political freedom. In the end, we show that Schiller defends a non-hedonic, action-oriented, communitarian theory of aesthetic value and a theory of freedom that makes the aesthetic not just supererogatory but fundamental for any fully autonomous life. Although we have lost touch with this way of thinking about aesthetic value and freedom, we submit that it is illuminating for contemporary thinking about both. (shrink)

Thomas Hobbes is an iconic figure who serves as an easy reference for pundits commenting on the brutality of war as well as for critics of a distinctly modern individualism in which calculating and rapacious self-interest is the cause of the violence, destruction, and exploitation endemic to the contemporary world. Frost's reading of Hobbes's philosophy shows us that underlying such visions of self and politics is another iconic figure: that of the Cartesian subject. What gives the iconic Hobbes his hardcore (...) individualism and its corollary accounts of instrumentalism, conflict, and absolutism is a Cartesian rendering of the self as split into mind and body. Carefully elaborating Hobbes's materialist ontology, _Lessons from a Materialist Thinker_ challenges both our implicit Cartesian assumptions about the self and the commonplace Hobbes that so readily figures violence in our political imagination. Through his materialism, Hobbes presents an alternative modern account of self-consciousness, reason, agency, power, freedom, and responsibility. In doing so, he shows that our fundamental intersubjectivity and interdependence require that we pursue peace above all else. (shrink)

In humans over 15% of X‐linked genes have been shown to ‘escape’ from X‐chromosome inactivation (XCI): they continue to be expressed to some extent from the inactive X chromosome. Mono‐allelic expression is anticipated within a cell for genes subject to XCI, but random XCI usually results in expression of both alleles in a cell population. Using a study of allelic expression from cultured lymphoblasts and fibroblasts, many of which showed substantial skewing of XCI, we recently reported that the expression of (...) genes lies on a contiunuum between those that are subject to inactivation, and those that escape. We now review allelic expression studies from mouse, and discuss the variability in escape seen in both humans and mice in genic expression levels, between X chromosomes and between tissues. We also discuss current knowledge of the heterochromatic features, DNA elements and three‐dimensional topology of the inactive X that contribute to the balance of expression from the otherwise inactive X chromosome. (shrink)

This is an essay in appreciation of The Abundant Herds, a study of the ama-Zulu's naming practices for their Nguni cattle. The book reveals an aesthetic vision in which contemplative and practical attention are intertwined and a complex classificatory system does not undermine an appreciation of the individuality of the cattle. The book and the practices it celebrates permit a richer account of the beauty of farm animals to the standard functionalist approach.

Arguments set out by Timothy Morton, Ted Toadvine, and J. Baird Callicott et al. suggest that the remedy to the dualistic account that places “human” in binary opposition to “nature” is not to deny difference, but to understand the process of differentiation in a way that recognizes our interdependence, and yet still leaves space for the unknowable “Otherness” of nature. Callicott et al. argue that Aldo Leopold’s land ethic authentically recognizes the difference and freedom of wild animal Others, arguing that (...) Levinas’ ethics of the Other is really a “same-based” ethics in disguise. Morton and Toadvine have considered ways in which another aspect of Levinas’ thought, the “il y a” (the “there is”), could be a means by which we might understand “wild” nature. A more metaphysical understanding of Levinas’ “face” recognizes the Other’s unknowability, but frames the ethical relation as external. Jean-Paul Sartre’s account of negation and human reality as “lack” frames this relation as one that arises internally, and thus can usefully inform the strand of environmental thought that is concerned with acknowledging the irreducible Otherness of nature. (shrink)

Since pragmatic arguments for agnostic religious commitment do not require one to believe on insufficient evidence, they avoid one of the moral objections to pragmatic arguments for belief in God: the objection that one should not believe on insufficient evidence. However, I will argue that pragmatic arguments for agnostic religious commitment must deal with two related moral objections. First, if we have a duty to investigate the truth in matters of importance to our behavior, then making such a commitment turns (...) out to conflict to some extent with that duty, though not, I think, to an unacceptable degree. Second, some people have a conception of God and the religious life such that making an agnostic religious commitment may interfere with the person's ability to reflect on moral matters and act on her conclusions, thus putting her at greater risk of doing the wrong thing. (shrink)

Ayn Rand's Atlas Shrugged is not just a fully actualized rendition of her Objectivist philosophy, but a symbol of the possibility of postfeminism in a postindustrial world. Rand's postfeminist signifier, Dagny Taggart, is able to attain this ideal of equality only through the catharsis of the physical relationships with men whom Dagny considers her spiritual equals. The men in Dagny's life each contribute a new awakening to her about herself as she, at the same time, awakens them.