In contrast to those who trace civil society to “community” per se, Foucault is keen to locate this concept as it emerges at a particular moment in respect of specific exigencies of government. He suggests that civil society is a novel way of thinking about a problem, a particular problematization of government that emerges in the eighteenth century and which combines incommensurable conceptions of the subject as simultaneously a subject of right and of interests. This article takes up Foucault’s discussion (...) of the Scottish Enlightenment in The Birth of Biopolitics to trace the distinctiveness of his discussion of civil society, but also in order to suggest that we ought to pay closer attention to the tensions between commercial-civilizational and civic republican themes in the literature of the late eighteenth century than does Foucault. It is my tentative suggestion that Foucault’s account leaves out significant aspects of these debates that offer counter-valences to the dominant models of the subject available to contemporary political discourse. (shrink)

Abstract25.6 Million people in the United States have Limited English Proficiency (LEP), defined as insufficient ability to read, write, or understand English. We will (1) Delineate the merits of approaching language as a social determinant of health, (2) highlight pertinent public health values and guidelines which are most relevant to the plight of populations with LEP and (3) Use the COVID-19 pandemic as an example of how a breakdown in public health ethics values created harm for populations and patients with (...) LEP. We define a framework to tease out public health responsibilities given some populations’ limited proficiency in a society’s predominant language. The American Public Health Association (APHA) public health ethics core values serve as a framework to interrogate current practices. We use the COVID-19 case to illustrate gaps between health policy and healthcare disparities experienced by populations with LEP. (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)

Foucault contra Habermas is an incisive examination of, and a comprehensive introduction to, the debate between Foucault and Habermas over the meaning of enlightenment and modernity. It reprises the key issues in the argument between critical theory and genealogy and is organised around three complementary themes: defining the context of the debate; examining the theoretical and conceptual tools used; and discussing the implications for politics and criticism. In a detailed reply to Habermas' Philosophical Discourse of Modernity, this volume explains the (...) difference between Habermas' philosophical practice and Foucault's between the analytics of truth and the politics of truth. Many of the most difficult arguments in the exchange are subject to a detailed critical analysis. This examination also includes discussion of the ethics of dialogue; the practice of criticism; the politics of recognition, and the function of civil society and democracy. (shrink)

The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, ...

We speculate with Hegel about language, critiquing interpretations of Hegel’s views on language given by Jim Vernon, John McCumber, Stephen Houlgate, and Michael N. Forster, as well as defending Sophisticated Radical Whorfianism from the objections of Maria Francisca Reines and Jesse Prinz. Prior to discussing Forster, we explicate Hegel’s views on mechanical memory. We conclude by discussing why, although thought grows up, it does not move out.

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).

Aesthetic debates within contemporary art have been tangential to the debates in environmental aesthetics since the 1960s. I argue that these disciplines, having evolved separately in response to the limitations of traditional aesthetics, may now usefully inform each other. Firstly, the dematerialisation of art as the focus of aesthetic experience may have environmentally useful consequences. Secondly, Gablik's 'connective aesthetics ', like Berleant's ' aesthetics of engagement', folds aesthetic experience into the social as a kind of environmental aesthetics. Thirdly, contemporary art's (...) flexible readings of ' framing ' can respond to 'frameless' natural environments, and finally, Kester's 'dialogical aesthetics ' may be enriched by Berleant's systematic account of ' contextual aesthetics '. (shrink)

ABSTRACTThis article addresses the identity of the legitimate actors of international law-making from the perspective of democratic theory. It argues that both states or state-based international organisations, and civil society actors should be considered complementary legitimate actors of international law-making. Unlike previous accounts, our proposed model of representation, the Multiple Representation Model, is based on an expanded, democratic understanding of the principle of state participation: it is specifically designed to palliate the democratic deficits of more common versions of the Principle (...) of State Consent. Second, it endorses a qualified version of the Principle of Civil Society Participation, one that is much more restrictive and more critical of the democratic defects of civil society actors than most of its current supporters. Finally, it reveals how the democratic strengths and deficits of both models are best approached as mirroring one another and need to be combined in a complex ac... (shrink)

Recently, Kant’s account of aesthetic autonomy has received attention from those interested in a range of issues in aesthetics, including the subjectivity of aesthetic judgment, quasi-realism, aesthetic testimony, and aesthetic normativity. Although these discussions have shed much light on the implications of Kant’s account of aesthetic autonomy, the phenomenon of aesthetic autonomy itself tends to be under-described. Commentators often focus on the negative aspect of this phenomenon, i.e., the sense in which an aesthetic judgment cannot be grounded on the testimony (...) of others. However, on Kant’s view, autonomy is a positive phenomenon, something that involves self-determination and self-legislation. My aim in this paper is to clarify this positive aspect of Kantian aesthetic autonomy. In order to defend my interpretation of aesthetic autonomy, I appeal to another key concept in Kant’s aesthetics, viz., ‘common sense’. I claim that, for Kant, aesthetic common sense, which we acquire through aesthetic education, is what makes aesthetic self-determination and self-legislation, hence aesthetic autonomy, possible. (shrink)

Augustine of Hippo is notorious for arguing that evil is nothing more than a privation or lack of good. He also thinks that goodness is equivalent to existence and that there are degrees not only of goodness but also of existence. Critics have charged that such abstractions have no purchase in the concrete world of our experience. This article investigates what Augustine means by both goodness and existence in the illuminating context of his view that the world is a dependent (...) or derivative creation. It does so by showing how order (ordo) is a further correlate of both goodness and existence. Augustine points out the existence of two radically different realities: that which changes (creation) and that which is unchangeable (God the creator, identified as truth). For Augustine, the orderliness exhibited by the former constitutes both its dependence on the latter, and its goodness and existence: order is essentially an imitation of unchanging unity. This article therefore provides the framework for a more substantive and intelligible understanding of Augustine’s conception of evil, not only as lack but as disorder. More broadly, it shows that the idea of order is central to the metaphysics in which Augustine’s ethics is grounded. (shrink)

My aim in this paper is to offer a systematic analysis of a feature of Kant’s theory of perception that tends to be overlooked, viz., his account of how the imagination forms images in perception. Although Kant emphasizes the centrality of this feature of perception, indeed, calling it a ‘necessary ingredient’ of perception, commentators have instead focused primarily on his account of sensibility and intuitions on the one hand, and understanding and concepts on the other. However, I show that careful (...) attention to what he says about the nature of images, their connection to the imagination, and their role in perception in his Metaphysics Lectures, as well as in the Deduction and Schematism chapters of the first Critique reveals that Kant is working with a richer, more nuanced framework for perception than is often attributed to him. I contend that it is only once we have a revised framework for Kant’s theory of perception in place that we will be able to make further headway in debates, e.g., about whether or not he is a conceptualist about perception. (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)

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.

Ernst Cassirer (1874–1945) occupies a unique place in 20th-century philosophy. His view that human beings are not rational but symbolic animals and his famous dispute with Martin Heidegger at Davos in 1929 are compelling alternatives to the deadlock between 'analytic' and 'continental' approaches to philosophy. An astonishing polymath, Cassirer's work pays equal attention to mathematics and natural science but also art, language, myth, religion, technology, and history. However, until now the importance of his work has largely been overlooked. -/- In (...) this outstanding introduction Samantha Matherne examines and assesses the full span of Cassirer’s work. Beginning with an overview of his life and works she covers the following important topics: Cassirer’s neo-Kantian background; philosophy of mathematics and natural science, including Cassirer’s first systematic work, Substance and Function, and subsequent works, like Einstein’s Theory of Relativity; the problem of culture and the ground-breaking The Philosophy of Symbolic Forms; Cassirer’s ethical and political thought and his diagnosis of fascism in The Myth of the State; and Cassirer’s influence and legacy. -/- Including chapter summaries, suggestions for further reading, and a glossary of terms, this is an ideal introduction to Cassirer’s thought for anyone coming to his work for the first time. It is essential reading for students in philosophy as well as related disciplines such as intellectual history, art history, politics, and literature. (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)

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)

In this symposium response, I suggest that a key to thinking about the implications of Hobbes’s materialism for his arguments about ethics, politics, and law is to trace his efforts to defend complex causation. I suggest that when we read Hobbes as trying to hold onto complex causation as an ontological and epistemological fact, we have to rethink the relationship between freedom, reason, sovereignty, and the law.

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. Whereas in Part I, we developed a reconstruction of Schiller's view that aesthetic value is the only path to individual freedom, 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)

I'm going to focus my comments on a relatively small part of Joe Heath's book, the section on the household division of labour. Although it's a small piece of a much larger picture, I've chosen this area for two reasons: First, it connects with my own interests in issues of family justice. Second, I think for me it highlights a potentially larger problem concerning the relationship between justice and efficiency. When Heath puts the contrast between those who place rights before (...) efficiency in terms of a contrast between the US and Canadian health care systems, I find that I'm in agreement with the argument for efficiency. But when I think about the contrast in terms of the question of the gendered division of domestic labour, I'm less certain that I want to accord efficiency the kind of status it has according to Heath. (I must confess that I've always thought of Canada as the just society, rather than the efficient society. If it turns out.. (shrink)

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)

Perhaps the central focus of American bioethics has been to push against medical paternalism on the grounds that it impedes the autonomy of patients—that is, their ability to make choices of their...

Nature has been widely represented in literature and culture as healing, redemptive, unspoilt, and restorative. In the aftermath of the First World War, writers grappled with long cultural associations between nature and healing. Having survived a conflict in which relations between people, and the living environment had been catastrophically ruptured, writers asked: could rural and wild places offer meaningful sites of solace and recovery for traumatised soldiers? In Virginia Woolf’s Mrs Dalloway (1925), Rebecca West’s The Return of the Soldier (1918), (...) Nan Shepherd’s The Weatherhouse (1930) and Lewis Grassic Gibbon’s Sunset Song (1932), trauma severs emotional, social, and cultural relationships with the natural world. These interwar literatures offer counter-narratives to simplistic depictions of nature as a healing space and highlight the difficulties of returning to rural environments and ‘reconnecting’ with known and natural places. (shrink)

Despite numerous laws and religious tracts prohibiting homosexuality and the practise of same-sex activity in colonial North America, very few people were ever brought to trial – and even fewer found guilty – for engaging in such “unseemly practises.” Using both primary and secondary sources, this paper attempts to dissect the reasoning behind the relative lack of prosecutions of men thought to have participated in “sodomitical [sic] behaviour”. Issues of community, power, and religion as they related to sodomy will be (...) discussed. (shrink)

The niche is allegedly the conceptual bedrock underpinning the most prominent, and some would say most important, theorizing in ecology. We argue this point of view is more aspirational than veridical. Rather than critically dissect existing definitions of the concept, the supposedly significant work it is thought to have done in ecology is our evaluative target. There is no denying the impressive mathematical sophistication and theoretical ingenuity of the ecological modeling that invokes ‘niche’ terminology. But despite the pervasive labeling, we (...) demonstrate that niche talk is nothing more than a gloss on theory developed without it, that doesn’t need it, and that doesn’t benefit from it. (shrink)

ABSTRACT Philosophers of education have written about the moral, ethical, racial, and gendered dimensions of the hidden curriculum of what we eat, who we eat with, and the significance afforded this moment of the school day. To this body of literature, we add the observation that female bodies were positioned by Jean Jacques Rousseau as necessary food for the stuff of society. We trace the ways in which Rousseau’s rendering of the natural female body have followed us into our modern (...) educational systems such that any hopes for gender equality in our educational and social structures must attend to the pervasive naturalization of the bodies – human and nonhuman – that we are taught to milk for all that they are worth. (shrink)

Stakeholder theory is widely accepted but elementary aspects remain indeterminate as the term ‘stakeholder’ is an essentially contested concept, being variously describable, internally complex and open in character. Such contestability is highly problematic for theory development and empirical testing. The extent of essential contestability, previously unknown, is demonstrated in this paper through a bounded systematic review of 593 different stakeholder theory definitions. As an essentially contested concept, the solution does not lie in a universal stakeholder definition, but in debating the (...) boundaries of stakeholder identification. To this end, this paper presents the first major attempt at sorting, filtering and ordering stakeholder theory and stakeholder definitions to produce a comprehensive, multi-dimensional classification of stakeholder theory. The constructs of the classification model juxtapose existing stakeholder theories and contributions from across the multi-contextual applications of stakeholder theory, thereby providing an invaluable overview of what we know about stakeholder theory in one model. The classification model is then tested with positive results. The paper concludes with a comprehensive discussion of the implications of classification stakeholder theory definitions, which has for future research. (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.

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)

Is there tension in a view of the conditions of being in a proper position to make aesthetic evaluations that is committed to aesthetic autonomy and norms of exposure? I define ‘aesthetic autonomy’ in terms of the Kantian idea that in order to make a proper aesthetic evaluation, one must rely on oneself rather than on any outside source. I define ‘norms of exposure’ in terms of the Humean idea that practice and aesthetic education are conditions of proper aesthetic evaluation. (...) Prima facie, these two commitments point toward competing accounts of whether exposure is a condition of being in a position to make proper aesthetic evaluations. However, I argue that a closer look at the Kantian position reveals that aesthetic exposure is a condition of being able to make aesthetic evaluations in an autonomous way in the Kantian framework. (shrink)