This fourth edition of Law in Context not only updates the text by reference to the latest thinking and developments in the broad area of 'law in context', but also introduces readers to the wider social, political and regulatory contexts of law.Bottomley and Bronitt, as in previous editions, expose readers to the multitude of contexts (some explicit, others implicit) that affect how law is made, broken and enforced by the state or individual citizens. The fundamental ideals of law - (...) such as the Rule of Law - rest on cherished liberal values, though the authors constantly encourage readers not to accept uncritically the rhetoric of law, but to test these assumptions through empirical eyes.This contextual and critical approach to law, laid out in Chapter 1 and 2, is further developed through specific studies of Gender and Race. Complementing these substantive critiques of law, later chapters examine some of the institutional limitation of law and justice through chapters on access to justice, the law-making process, and regulation. The final chapter, which serves as an epilogue, looks to the broader challenges for law in an age of globalisation through case studies on terrorism and global business regulation. (shrink)

No existing normative decision theory adequately handles risk. Expected Utility Theory is overly restrictive in prohibiting a range of reasonable preferences. And theories designed to accommodate such preferences (for example, Buchak's (2013) Risk‐Weighted Expected Utility Theory) violate the Betweenness axiom, which requires that you are indifferent to randomizing over two options between which you are already indifferent. Betweenness has been overlooked by philosophers, and we argue that it is a compelling normative constraint. Furthermore, neither Expected nor Risk‐Weighted Expected Utility Theory (...) allow for stakes‐sensitive risk‐attitudes—they require that risk matters in the same way whether you are gambling for loose change or millions of dollars. We provide a novel normative interpretation of Weighted‐Linear Utility Theory that solves all of these problems. (shrink)

Fanatics claim that we must give up guaranteed goods in pursuit of extremely improbable Utopia. Recently, Wilkinson has defended Fanaticism by arguing that nonfanatics must violate at least one plausible rational requirement. We reject Fanaticism. We show that by taking stakes-sensitive risk attitudes seriously, we can resist the core premises in Wilkinson’s argument.

This paper takes a recently published text and, in examining it closely, argues that it exemplifies trends within feminist scholarship in law, which might be characterised asestablishing a form of orthodoxy. The paper explores some of the ways in which thiso rthodoxy is constructed and presented, and argues that it is characterised by a commitment both to `grand theory' and Hegelian dialectics. The adoption of this model of work seems to offer a chance to hold together the triangular figure of (...) women/theory/law reform. The paper will argue that, whilst this model is clearly a valid choice, and attractive to feminist scholars in the promise it seems to hold, the model is not to be presumed but rather should be examined and considered in terms of its potential for feminist scholarship. Both within its own terms, and as part of the construction of an orthodoxy, the paper will argue that it is in fact problematic and that feminist scholarship would be better served by seeking an alternative theoretical model. An alternative is suggested, using the work of Deleuze, but it is acknowledged that this will require the acceptance of a very different theoretical configuration from that suggested by the triangular model of women/theory/lawreform. (shrink)

What potential can be found in the work of Deleuze and Guattari for critical legal scholarship? The authors argue that their work can be deployed to re-think ‘critique’ by directly addressing the place and role of the ‘critic’. It is argued that the continued commitment to a stance of ‘resistance’ in CLS is underpinned by never-ending dualisms which, if not confronted and replaced, can only make CLS ever more redundant. The authors ask: ‘what is critique beyond the dualism of power (...) and resistance, of state and nomad?’ This question arises from a belief that critique is still capable of being effective, but only if there is the courage to experiment, and to think creatively. In this sense, the ‘exhaustion’ of critique is framed as an opportunity to re-think and re-engage with the politics of law. The paper diagrams, through image and film, a critical thought: the potential of the artisan. Film is utilised not as representation, nor as illustration, but as a thinking mind in its own right, through which questions relating to the state, political action, and creative thinking can be framed. Such a re-framing is essential, it is argued, for an engagement with the emergence of societies of control. (shrink)

Drawing on the work of Paul Virilio, this paper addresses changes in the architectural and legal topography of the urban landscape through an examination of regulatory patterns, which increasingly intensify governance through, and as, ‘control’. Such regulation is ambivalent in that it cuts across many traditionally discrete regimes of power melding them into new forms with new effects; as a consequence it is no longer sufficient to think in terms of such distinctions as private/public, civil/criminal, and so on. This paper (...) argues that a concern with patterns of enclosure and privatisation in our urban centres must now be placed within the context of changes in architectural practice and technology, which the authors term ‘open architecture’, and the embedding of governance through partnership, which give particular emphasis to the use of dematerialised and diffused modes of control. The paper utilises Virilio’s history and image of the fortress, which he tracks from a material form to a dematerialised form, to envisage these developments and to provide the foundation for an understanding of the importance of the development of practices of surveillance into, what the authors term, ‘total registration’ as a feature and function of governance through ‘control’. (shrink)

Despite the tremendous promise offered by artificial intelligence (AI) for healthcare in South Africa, existing policy frameworks are inadequate for encouraging innovation in this field. Practical, concrete and solution-driven policy recommendations are needed to encourage the creation and use of AI systems. This article considers five distinct problematic issues which call for policy development: (i) outdated legislation; (ii) data and algorithmic bias; (iii) the impact on the healthcare workforce; (iv) the imposition of liability dilemma; and (v) a lack of innovation (...) and development of AI systems for healthcare in South Africa. The adoption of a national policy framework that addresses these issues directly is imperative to ensure the uptake of AI development and deployment for healthcare in a safe, responsible and regulated manner. (shrink)

Drawing on social exchange theory, this study examines a mechanism, namely organizational social capital, through which self-sacrificial leadership is related to two types of employee behaviours: organizational citizenship behaviours and counterproductive behaviours. The results of two different studies in Egypt showed that self-sacrificial leadership is positively related to OSC which, in turn, is positively related to OCBs and negatively related to CPBs. Overall, the findings suggest that self-sacrificial leaders are more likely to achieve desirable employee behaviours through improving the quality (...) of social relationships among employees. (shrink)

Following the U.K. Labour government commitment to marriage in the 1998 Green Paper ‘Supporting Families’, Barlow and Duncan produced a robust critique calling for ‘realism’ in recognising that many couples are now choosing not to marry, that too many do not make informed decisions as to whether to marry or not and that, on the basis of their survey, over 40% of respondents believed that some form of family law protection would be available to them, despite their lack of marital (...) status. When added to a concern that economically vulnerable cohabiting women do not receive adequate protection in property law, it seemed all too obvious that the government commitment to marriage should be challenged. In fact, government policy does seem to have shifted somewhat when, partly as a tactical manoeuvre to help the passage of the Civil Partnership Act 2004 and specifically recognising concerns with the needs of economically vulnerable parties, the issue was referred to the Law Commission for England and Wales. This places the ‘realism’ arguments firmly within the reform agenda. However, this article argues that there is a need to look more closely at the arguments used by the ‘realists’, in particular at the evocation of the figure of Mrs. Burns. The more contemporary case of Oxley v. Hiscock is used to both raise questions about the socio-economic profiles of cohabitants, as well to question the presentation of property law as failing women (and family law as offering the protection they need). I argue that feminists should take a cautious approach in relation to the seemingly compelling argument that cohabitants will benefit from the extension of aspects of marriage law to cover property issues at the end of a relationship. (shrink)

In late eighteenth-century West Africa, cycles of increasing violence and slave raiding sparked a desire for new modes of political organization. In the Sahel a.

Are there distinct roles for intention and motor representation in explaining the purposiveness of action? Standard accounts of action assign a role to intention but are silent on motor representation. The temptation is to suppose that nothing need be said here because motor representation is either only an enabling condition for purposive action or else merely a variety of intention. This paper provides reasons for resisting that temptation. Some motor representations, like intentions, coordinate actions in virtue of representing outcomes; but, (...) unlike intentions, motor representations cannot feature as premises or conclusions in practical reasoning. This implies that motor representation has a distinctive role in explaining the purposiveness of action. It also gives rise to a problem: were the roles of intention and motor representation entirely independent, this would impair effective action. It is therefore necessary to explain how intentions interlock with motor representations. The solution, we argue, is to recognise that the contents of intentions can be partially determined by the contents of motor representations. Understanding this content-determining relation enables better understanding how intentions relate to actions. (shrink)

What is knowledge? How hard is it for a person to have knowledge? Good Knowledge, Bad Knowledge confronts contemporary philosophical attempts to answer those classic questions, offering a theory of knowledge that is unique in conceiving of knowledge in a non-absolutist way.

Bernard Williams's motivational reasons-internalism fails to capture our first-order reasons judgements, while Derek Parfit's nonnaturalistic reasons-externalism cannot explain the nature or normative authority of reasons. This paper offers an intermediary view, reformulating scepticism about external reasons as the claim not that they don't exist but rather that they don't matter. The end-relational theory of normative reasons is proposed, according to which a reason for an action is a fact that explains why the action would be good relative to some end, (...) where the relevant end for any ascription of reasons is determined by the speaker's conversational context. Because these ends need not be the agent's ends, Williams is wrong to reject the existence of external reasons. But contra Parfit, a reason for action is only important for an agent if it is motivationally internal to that agent. (shrink)

The peculiar features of the climate change problem pose substantial obstacles to our ability to make the hard choices necessary to address it. Climate change involves the convergence of a set of global, intergenerational and theoretical problems. This convergence justifies calling it a 'perfect moral storm'. One consequence of this storm is that, even if the other difficult ethical questions surrounding climate change could be answered, we might still find it difficult to act. For the storm makes us extremely vulnerable (...) to moral corruption. (shrink)

This paper advances a reductive semantics for ‘ought’ and a naturalistic theory of normativity. It gives a unified analysis of predictive, instrumental, and categorical uses of ‘ought’: the predictive ‘ought’ is basic, and is interpreted in terms of probability. Instrumental ‘oughts’ are analyzed as predictive ‘oughts’ occurring under an ‘in order that’ modifer (the end-relational theory). The theory is then extended to categorical uses of ‘ought’: it is argued that they are special rhetorical uses of the instrumental ‘ought’. Plausible conversational (...) principles explain how this end-relational ‘ought’ can perform the expressive functions of the moral ‘ought’. The notion of an ‘ought-simpliciter’ is also discussed. (shrink)

Analyses of moral value judgements must meet a practicality requirement: moral speech acts characteristically express pro- or con-attitudes, indicate that speakers are motivated in certain ways, and exert influence on others' motivations. Nondescriptivists including Simon Blackburn and Allan Gibbard claim that no descriptivist analysis can satisfy this requirement. I argue first that while the practicality requirement is defeasible, it indeed demands a connection between value judgement and motivation that resembles a semantic or conceptual rather than merely contingent psychological link. I (...) then show how a form of descriptivism, the interest-relational theory, satisfies the requirement as a pragmatic and conversational feature of value judgement – thereby also accommodating its defeasibility. The word ``good'' is always indexed to some set of motivations: when this index is unarticulated in many contexts the speaker conversationally implicates possession of those motivations. (shrink)

The processes whereby our brains continue to learn about a changing world in a stable fashion throughout life are proposed to lead to conscious experiences. These processes include the learning of top-down expectations, the matching of these expectations against bottom-up data, the focusing of attention upon the expected clusters of information, and the development of resonant states between bottom-up and top-down processes as they reach an attentive consensus between what is expected and what is there in the outside world. It (...) is suggested that all conscious states in the brain are resonant states and that these resonant states trigger learning of sensory and cognitive representations. The models which summarize these concepts are therefore called Adaptive Resonance Theory, or ART, models. Psychophysical and neurobiological data in support of ART are presented from early vision, visual object recognition, auditory streaming, variable-rate speech perception, somatosensory perception, and cognitive-emotional interactions, among others. It is noted that ART mechanisms seem to be operative at all levels of the visual system, and it is proposed how these mechanisms are realized by known laminar circuits of visual cortex. It is predicted that the same circuit realization of ART mechanisms will be found in the laminar circuits of all sensory and cognitive neocortex. Concepts and data are summarized concerning how some visual percepts may be visibly, or modally, perceived, whereas amodal percepts may be consciously recognized even though they are perceptually invisible. It is also suggested that sensory and cognitive processing in the What processing stream of the brain obey top-down matching and learning laws that are often complementary to those used for spatial and motor processing in the brain's Where processing stream. This enables our sensory and cognitive representations to maintain their stability as we learn more about the world, while allowing spatial and motor representations to forget learned maps and gains that are no longer appropriate as our bodies develop and grow from infanthood to adulthood. Procedural memories are proposed to be unconscious because the inhibitory matching process that supports these spatial and motor processes cannot lead to resonance. (shrink)

The question I hope to answer is brief: What does every speaker of a natural language know? My answer is briefer still: Nothing, or at least nothing interesting. Explaining the question, and making the answer plausible, is a longer job.

Leibniz often refers to the Principle of Sufficient Reason (PSR) as something like a first principle. In some texts, however, he attempts to give positive arguments in its favor. I examine two such arguments, and find them wanting. The first argument has two defects. First, it is question-begging; and second, when the question-begging step is excised, the principle one can in fact derive is highly counter-intuitive. The second argument is valid, but has the defect of only reaching a nearly trivial (...) conclusion. (shrink)

This classic work of philosophy offers a rigorous and accessible introduction to the philosophy of science. Toulmin provides a careful analysis of the logic and methodology of scientific inquiry, and explores key debates in the field, such as the nature of scientific discovery and the role of experimentation. With clarity and precision, this book offers a compelling argument for the essential role of philosophy in understanding the nature of scientific knowledge.

ABSTRACT Imagine that you are given access to an AI chatbot that compellingly mimics the personality and speech of a deceased loved one. If you start having regular interactions with this “thanabot,” could this new relationship be a continuation of the relationship you had with your loved one? And could a relationship with a thanabot preserve or replicate the value of a close human relationship? To the first question, we argue that a relationship with a thanabot cannot be a true (...) continuation of your relationship with a deceased loved one, though it might support one’s continuing bonds with the dead. To the second question, we argue that, in and of themselves, relationships with thanabots cannot benefit us as much as rewarding and healthy intimate relationships with other humans, though we explain why it is difficult to make reliable comparative generalizations about the instrumental value of these relationships. (shrink)

'It is rare that a philosopher addresses a topic that is at once of vital interest to non-philosophers and philosophers alike.'-CONCERNED PHILOSOPHERS FOR PEACE NEWSLETTER.

The common assumption that the Transcendental Deduction aims to refute scepticism often leads interpreters to conclude that it fails and even that Kant is confused about what it is supposed to achieve. By examining what Kant himself says concerning the Deductions' relation to scepticism, this article seeks to determine what sort of scepticism he has in view and how he responds to it. It concludes that the Deduction aims neither to refute Cartesian, outer- world scepticism nor to refute Humean, empiricist (...) scepticism, and it outlines an alternative conception of the Deduction's task, as one of reconciling apparently conflicting claims of reason. (shrink)

This paper argues that calls for neurorights propose an overcomplicated approach. It does this through analysis of ‘rights’ using the influential framework provided by Wesley Hohfeld, whose analytic jurisprudence is still well regarded in its clarificatory approach to discussions of rights. Having disentangled some unclarities in talk about rights, the paper proposes the idea of ‘novel human rights’ is not appropriate for what is deemed worth protecting in terms of mental integrity and cognitive liberty. That is best thought of in (...) terms of Hohfeld’s account of ‘right’ as privilege. It goes on to argue that as privileges, legal protections are not well suited to these cases. As such, they cannot be ‘novel human rights’. Instead, protections for mental integrity and cognitive liberty are best accounted for in terms of familiar and established rational and discursive norms. Mental integrity is best thought of as evaluable in terms of familiar rational norms, and cognitive freedom is constrained by appraisals of sense-making. Concerns about how neurotechnologies might pose particular challenges to mental integrity and cognitive liberty are best protected through careful use of existing legislation on data protection, not novel rights, as it is via data that risks to integrity and liberty are manifested. (shrink)

Given the complexity of teams involved in creating AI-based systems, how can we understand who should be held accountable when they fail? This paper reports findings about accountable AI from 26 interviews conducted with stakeholders in AI drawn from the fields of AI research, law, and policy. Participants described the challenges presented by the distributed nature of how AI systems are designed, developed, deployed, and regulated. This distribution of agency, alongside existing mechanisms of accountability, responsibility, and liability, creates barriers for (...) effective accountable design. As agency is distributed across the socio-technical landscape of an AI system, users without deep knowledge of the operation of these systems become disempowered, unable to challenge or contest when it impacts their lives. In this context, accountability becomes a matter of building systems that can be challenged, interrogated, and, most importantly, adjusted in use to accommodate counter-intuitive results and unpredictable impacts. Thus, accountable system design can work to reconfigure socio-technical landscapes to protect the users of AI and to prevent unjust apportionment of risk. (shrink)

:Neuroprosthetic speech devices are an emerging technology that can offer the possibility of communication to those who are unable to speak. Patients with ‘locked in syndrome,’ aphasia, or other such pathologies can use covert speech—vividly imagining saying something without actual vocalization—to trigger neural controlled systems capable of synthesizing the speech they would have spoken, but for their impairment.We provide an analysis of the mechanisms and outputs involved in speech mediated by neuroprosthetic devices. This analysis provides a framework for accounting for (...) the ethical significance of accuracy, control, and pragmatic dimensions of prosthesis-mediated speech. We first examine what it means for the output of the device to be accurate, drawing a distinction between technical accuracy on the one hand and semantic accuracy on the other. These are conceptual notions of accuracy.Both technical and semantic accuracy of the device will be necessary for the user to have sufficient control over the device. Sufficient control is an ethical consideration: we place high value on being able to express ourselves when we want and how we want. Sufficient control of a neural speech prosthesis requires that a speaker can reliably use their speech apparatus as they want to, and can expect their speech to authentically represent them. We draw a distinction between two relevant features which bear on the question of whether the user has sufficient control: voluntariness of the speech and the authenticity of the speech. These can come apart: the user might involuntarily produce an authentic output or might voluntarily produce an inauthentic output. Finally, we consider the role of the interlocutor in interpreting the content and purpose of the communication.These three ethical dimensions raise philosophical questions about the nature of speech, the level of control required for communicative accuracy, and the nature of ‘accuracy’ with respect to both natural and prosthesis-mediated speech. (shrink)

Does A cause B simply if A prevents what would have prevented B? Such a case is known as double prevention: where we have the prevention of a prevention. One theory of causation is that A causes B when B counterfactually depends on A and, as there is such a dependence, proponents of the view must rule that double prevention is causation.<br><br>However, if double prevention is causation, it means that causation can be an extrinsic matter, that the cause and effect (...) need not be connected by a continuous chain of events, that there can be causation by absence, and that there can be causation at a distance. All of these implications jar with strong intuitions we have about the nature of causation. There is, on the other hand, a theory of causation based on an ontology of real dispositions, where causation involves the passing around of powers. This theory in contrast entails that double prevention is not causation and, on this issue, it can claim a victory over the counterfactual dependence account. (shrink)

Brain reading technologies are rapidly being developed in a number of neuroscience fields. These technologies can record, process, and decode neural signals. This has been described as ‘mind reading technology’ in some instances, especially in popular media. Should the public at large, be concerned about this kind of technology? Can it really read minds? Concerns about mind-reading might include the thought that, in having one’s mind open to view, the possibility for free deliberation, and for self-conception, are eroded where one (...) isn’t at liberty to privately mull things over. Themes including privacy, cognitive liberty, and self-conception and expression appear to be areas of vital ethical concern. Overall, this article explores whether brain reading technologies are really mind reading technologies. If they are, ethical ways to deal with them must be developed. If they are not, researchers and technology developers need to find ways to describe them more accurately, in order to dispel unwarranted concerns and address appropriately those that are warranted. (shrink)

Skeptical theism claims that the probability of a perfect God’s existence isn’t at all reduced by our failure to see how such a God could allow the horrific suffering that occurs in our world. Given our finite grasp of the realm of value, skeptical theists argue, it shouldn’t surprise us that we fail to see the reasons that justify God in allowing such suffering, and thus our failure to see those reasons is no evidence against God’s existence or perfection. Critics (...) object that skeptical theism implies a degree of moral skepticism that even skeptical theists will find objectionable and that it undermines moral obligations that even skeptical theists will want to preserve. I discuss a version of the first objection and defend a version of the second. (shrink)

Anyone who has ever walked, cooked or crafted with a friend is in a position to know that acting jointly is not just acting side-by-side. But what distinguishes acting jointly from acting in parallel yet merely individually? Four decades of philosophical research have yielded broad consensus on a strategy for answering this question. This strategy is \emph{mechanistically committed}; that is, it hinges on invoking states of the agents who are acting jointly (often dubbed ‘shared’, ‘we-’ or ‘collective’ intentions). Despite the (...) consensus, enduring disagreement remains. The disagreement may be a consequence of the strategy; at least this is plausible enough to motivate considering the prospects for an alternative. Our aim is therefore to draw attention to a coherent alternative that is present in the literature but often overlooked. This alternative is \emph{mechanistically neutral}: it avoids invoking states of agents. Implementing the alternative, we introduce the notion of a collective goal and a characterisation of acting jointly which meets criteria standardly used in evaluating other accounts and may have some advantages over those accounts. (shrink)

Contract theories – such as contractarianism and contractualism - seek to justify (and sometimes to explain) moral and political ideals and principles through the notion of “mutually agreeable reciprocity or cooperation between equals” (Darwall 2002). This chapter argues that such theories face fundamental difficulties in the intergenerational setting. Most prominently, the standard understanding of cooperation appears not to apply, and the intergenerational setting brings on a more severe collective action problem than the traditional prisoner’s dilemma. Mainstream contract theorists (such as (...) Gauthier and Rawls) have tried to overcome such difficulties by postulating some kind of chain of connection between generations. However, the chapter maintains that thus far such attempts have proven inadequate. Given this, it seems either that mainstream contract theory needs to be rethought, or that a new, specifically intergenerational, contract theory is needed. (shrink)