This article charts the feminist perspectives that have come out of the author’s thinking on the dance performance text Human Sex and how this has informed her own feminism. In doing so, the author argues that a feminist agenda is shifting and dynamic but also reliant upon prior readings and interpretations that provide the point of reference for a departure to other readings and perspectives. Using autobiographical material, the author highlights the importance of considering the personal histories of subject-hood that (...) influence a feminist consciousness and how these are the condition of possibility for making other readings. To demonstrate the shifting character of identity over time, she engages in different readings of Human Sex through the work of feminist theorists Sara Ahmed, Judith Butler and Peggy Phelan. (shrink)

Increasing the number of Aboriginal students graduating from university is a goal of many Canadian universities. Realizing this goal may present challenges to the orientation and methodology of university curricula that have been developed without consideration of the traditional epistemologies of Aboriginal peoples. In this article, three scholars in the Faculty of Education at the University of Victoria take up this issue by dialoguing with each other about the possibilities of incorporating Aboriginal perspectives into their courses. These conversations are (...) woven together into the narrative form of a four-act play in which the authors caricature their personalities to highlight their initial resistances and eventual reconsiderations. As non-Aboriginal instructors from different cultural backgrounds, the authors confront issues of respect, responsibility, and (mis)representation as they struggle with the dilemmas involved in cross-cultural understanding. Through this journey they come to imagine a world where cultural differences, including the traditional epistemologies of Aboriginal peoples, present possibilities for greater understanding of each other and more authentic expressions of our humanity. (shrink)

Anthony Ellis attempts to offer a deterrence theory of punishment that overcomes a number of common criticisms of deterrence theories in general. While his discussion does suggest many interesting responses that proponents of deterrence theories might use, the theory he defends is problematic for several reasons.

This new second edition of Punishment includes a revised and expanded defence of the groundbreaking unified theory of punishment that brings together elements of retribution, deterrence and rehabilitation into a new coherent framework. Thom Brooks expands the chapter length case studies from capital punishment, juvenile offending, domestic violence and sex crimes to include new chapters on social media offences and corporate liability addressing some of today's most pressing issues in criminal justice.

This book recounts the remarkable history of efforts by significant medieval thinkers to accommodate the ontology of the Trinity within the framework of Aristotelian logic and ontology. These efforts were remarkable because they pushed creatively beyond the boundaries of existing thought while trying to strike a balance between the Church's traditional teachings and theoretical rigor in a context of institutional politics. In some cases, good theology, good philosophy, and good politics turned out to be three different things. The principal thinkers (...) discussed are Augustine, Boethius, Abélard, Gilbert of Poitiers, Bonaventure, Aquinas, Scotus, and Ockham. The aspects of Trinitarian doctrine dealt with are primarily internal ontological questions about the Trinity. The approach draws on history of theology and philosophy, as well as on the modern formal disciplines of set-theoretic semantics and formal ontology. Augustine inaugurated the project of constructing models of the Trinity in language drawn from Platonic and Aristotelian philosophy, especially the conceptual framework of Aristotle's Categories. He used the Aristotelian notions of substance and relation to set up a model whose aim was not so much to demystify the Trinity as to demonstrate the logical consistency of maintaining that there is one and only one God at the same time as maintaining that there are three distinct persons, each of whom is God. Standing against this tradition are various heretical accounts of the Trinity. The book also analyzes these traditions, using the same techniques. All these accounts of the Trinity are evaluated relative to the three constraints under which they were formed, bearing in mind that the constraints on philosophical theorizing are not limited to internal consistency but also take note of explanatory power. Besides analyzing and evaluating individual accounts of the Trinity, the book provides a novel framework within which different theories can be compared. (shrink)

Aristotle's modal syllogistic has been an object of study ever since the time of Theophrastus; but these studies have been somewhat desultory. Remarkably, in the 1990s several new lines of research have appeared, with series of original publications by Fred Johnson, Richard Patterson and Ulrich Nortmann. Johnson presented for the first time a formal semantics adequate to a de re reading of the apodeictic syllogistic; this was based on a simple intuition linking the modal syllogistic to Aristotelian metaphysics. Nortmann developed (...) an ingenious de dicto analysis. Patterson articulated the links between the modal syllogistic and the metaphysics, using an analysis which strictly speaking is neither de re nor de dicto. My own studies in this field date from 1976, when my colleague Peter Roeper and I jointly wrote a paper "Aristotle's apodeictic syllogisms" for the XXIInd History of Logic Conference in Krakow. This paper contained the disjunctive reading of particular affirmative apodeictic propositions, which I still favour. Nonetheless, I did not consider that paper's results decisive or comprehensive enough to publish, and my 1981 book The Syllogism contained no treatment of the modal syllogism. The paper's ideas lay dormant till 1989, when I read Johnson's and Patterson's initial articles. I began publishing on the topic in 1991. Gradually my thoughts acquired a certain comprehensiveness and systematicity, till in 1993 I was able to take a semester's sabbatical to write up a draft of this book. (shrink)

Punishment is a topic of increasing importance for citizens and policy makers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many others are addressed in this highly engaging guide. Punishment is a critical introduction to the philosophy of punishment offering a new and refreshing approach that will benefit readers of all backgrounds and interests. This is the first critical guide to examine all leading contemporary theories of punishment, (...) including the communicative theory of punishment, restorative justice, and the unified theory of punishment. There are also several case studies examined in detail including capital punishment, juvenile offending, and domestic abuse. -/- Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and groundbreaking. -/- Introduction; Retributivism; Deterrence; Rehabilitation; Restorative Justice; Rawls, Hart, and "mixed" theories; Expressivism; The Unified Theory; Capital Punishment; Juvenile Offending; Domestic Abuse; Sexual Crimes; Conclusion; Index. (shrink)

This manuscript reports on a landmark symposium on the ethical, legal and technical challenges of xenotransplantation in the UK. King’s College London, with endorsement from the British Transplantation Society (BTS), and the European Society of Organ Transplantation (ESOT), brought together a group of experts in xenotransplantation science, ethics and law to discuss the ethical, regulatory and technical challenges surrounding translating xenotransplantation into the clinical setting. The symposium was the first of its kind in the UK for 20 years. This paper (...) summarises the content of the expert lectures showcasing the progress which has been made in xenotransplantation including—the history of xenotransplantation, advances in gene edited animals and progress towards clinical xenotransplantation. We then set out the ethical and legal issues still to be resolved. Finally, we report the themes of the roundtable discussion highlighting areas of consensus and controversy. While the detail of the legal discussion was directed towards the UK, the principles and summary reported here are intended to be applicable to any jurisdiction seeking to implement clinical xenotransplantation. (shrink)

The punishment of criminals is a topic of long-standing philosophical interest since the ancient Greeks. This interest has focused on several considerations, including the justification of punishment, who should be permitted to punish, and how we might best set punishments for crimes. This entry focuses on the most important contributions in this field. The focus will be on specific theoretical approaches to punishment including both traditional theories of punishment (retributivism, deterrence, rehabilitation) and more contemporary alternatives (expressivism, restorative justice, hybrid theories, (...) unified theories) with an additional section on capital punishment, perhaps the particular form of punishment that has received the most sustained philosophical attention. These theories of punishment address two important questions: first, who should be permitted to punish and, secondly, who should be permitted to be punished. These questions then concern the justification of punishment and its distribution. While the majority today often identifies their theories as retributivist, there is a great diversity of theories defended. This entry will highlight the leading work for each view. (shrink)

This is an examination of the criteria for identifying, evaluating, and appreciating art forms that require performance for their full realization. Unlike his contemporaries, Paul Thom concentrates on an analytical approach to evaluating music, drama, and dance. Separating performance art into its various elements enables Thom to study its nature and determine essential features and their relationships. Throughout the book, he debates traditional thought in numerous areas of the performing arts. He argues, for example, against the invisibility of the performer (...) - "the vehicle of representation in performance" - then critiques Diderot's Paradox of Performance, calling it "the most extreme formulation of the traditional valorization," and declaring that such thinking must be abandoned. Developing several lines of reasoning regarding music, Thom considers questions of incompleteness and authenticity in relation to the score, the score's function, and the sense in which musical performances are interpreted, or are open to interpretation. It is this audience interpretation that is the final ingredient in the blending and interrelating of the performers, the performance, and the audience. Thom discusses the impact of music, drama, and dance performances on audiences, and evaluates their expectations, reception, and interpretations. He contends that audiences play an active role as interpreters, without becoming performers themselves. Author note: Paul Thom is head of the Philosophy Department, The Faculties, Australian National University. (shrink)

Parents appear to dominate their children in ways they cannot with other adults. While it might seem unavoidable, this issue raises important questions about whether children are unfree under parental authority. Republican theories of freedom, such as Philip Pettit’s influential account, look especially vulnerable. He claims that we are free only if non-dominated and so not under the arbitrary interference by others. Domination is a threat to freedom that republican freedom opposes for all. However, non-domination seems impossible to avoid for (...) everyone, most notably children, which is broadly accepted. If so, it is unclear why domination is permissible for some and not others if it is an evil for all to avoid. In this article, I argue that parental authority need not entail domination where it is subject to legitimacy constraints drawing on Pettit’s work on freedom and criminal justice that might also be endorsed by non-republicans. Republican children can enjoy non-domination from the cradle to the grave and this reveals how parental authority need not render children unfree for non-republicans as well. (shrink)

This compelling new book engages leading theorists to consider how cultivating emotions can impact on social justice. Although the presence of political emotions can appear counterproductive to stability and peace, there is an increasing recognition that emotions can be harnessed to empower community cohesion and social justice. Covering such key issues as adaptive preferences, capabilities, civil religion, compassion, conscience, dignity, feminism, imagination, multicultural citizenship, perfectionism, political liberalism, public sentiments, sympathy, Political Emotions challenges readers to explore the role emotions can and (...) should play in our modern society – and at a time when new ideas about how to foster a decent public sphere and overcome intolerance are urgently needed. Drawing particularly on the work of Martha C. Nussbaum, and including a chapter giving her personal response to the issues raised in the individual essays, this is a fascinating read for all of those interested in social and political philosophy today. (shrink)

Climate change confronts us with our most pressing challenges today. The global consensus is clear that human activity is mostly to blame for its harmful effects, but there is disagreement about what should be done. While no shortage of proposals from ecological footprints and the polluter pays principle to adaptation technology and economic reforms, each offers a solution – but is climate change a problem we can solve? In this provocative new book, these popular proposals for ending or overcoming the (...) threat of climate change are shown to offer no easy escape and each rest on an important mistake. Thom Brooks argues that a future environmental catastrophe is an event we can only delay or endure, but not avoid. This raises new ethical questions about how we should think about climate change. How should we reconceive sustainability without a status quo? Why is action more urgent and necessary than previously thought? What can we do to motivate and inspire hope? Many have misunderstood the kind of problem that climate change presents – as well as the daunting challenges we must face and overcome. Climate Change Ethics for an Endangered World is a critical guide on how we can better understand the fragile world around us before it is too late. This innovative book will be of great interest to students and scholars of climate change, climate justice, environmental policy and environmental ethics. "This book offers a rare combination of tough-mindedness, analytic rigor, and passion as it tackles the greatest challenge of our time―climate change. For Brooks, it’s past time to acknowledge that climate change cannot be solved though the careful selection of good polices. Climate change is an unavoidable tragedy that we must endure but may be able to survive. Offering a program that emphasizes flexibility and adaptation, Brooks brings original insights to a debate that too long has been bogged down in wishful thinking and empty scholasticism." Professor Eric Posner, Kirkland & Ellis Distinguished Service Professor of Law at the University of Chicago's Law School. (shrink)

Thom Brooks reviews two books by Theodor Adorno.

In recent years, a growing body of work has emerged in legal theory that focuses on the relationship between law and virtue. Part of this virtue jurisprudence literature deals with the role of virtue in adjudication and judicial decision-making, with leading authors claiming that virtue plays a central explanatory and normative role. This article engages with this literature on virtue in adjudication, and connects it with a contemporary phenomenon that poses a risk for courts and judges, namely the politicisation of (...) judiciaries. In particular, the question emerges whether virtue jurisprudence is able to provide practical guidance to judges and courts in order to help them avert such politicisation. I sketch the outlines of two contrasting answers to this question, by exploring two alternative approaches to understanding the politicisation of judiciaries from within a broadly virtue-ethical framework. On the first approach, it appears that judges may help prevent politicisation, by becoming more attentive to the tragic character of particular cases and by deciding as civic friends. However, on the other approach, which builds on Alasdair MacIntyre’s critique of modern moral discourse, politicisation appears to be intractable, and the practical recommendations following from the first perspective may even aggravate it. (shrink)

Widely hailed as one of the most significant works in modern political philosophy, John Rawls's _Political Liberalism_ defended a powerful vision of society that respects reasonable ways of life, both religious and secular. These core values have never been more critical as anxiety grows over political and religious difference and new restrictions are placed on peaceful protest and individual expression. This anthology of original essays suggests new, groundbreaking applications of Rawls's work in multiple disciplines and contexts. Thom Brooks, Martha Nussbaum, (...) Onora O'Neill, Paul Weithman, Jeremy Waldron, and Frank Michelman explore political liberalism's relevance to the challenges of multiculturalism, the relationship between the state and religion, the struggle for political legitimacy, and the capabilities approach. Extending Rawls's progressive thought to the fields of law, economics, and public reason, this book helps advance the project of a free society that thrives despite disagreements over religious and moral views. (shrink)

When can ever be justified in banning a religious practice? This paper focusses on Martha Nussbaum's capabilities approach. Certain religious practices create a clash between capabilities where the capability to religious belief and expression is in conflict with the capability of equal status and nondiscrimination. One example of such a clash is the case of polygamy. Nussbaum argues that there may be circumstances where polygamy may be acceptable. On the contrary, I argue that the capabilities approach cannot justify polygamy in (...) any circumstance. Her approach rules out polygamy, but may not rule out all non-monogamous relationships, such as polyamory. Finally, I conclude that the capabilities approach would benefit from a more robust understanding of recognition. (shrink)

A new edition of the first systematic reading of Hegel's political philosophy Elements of the Philosophy of Right is widely acknowledged to be one of the most important works in the history of political philosophy. This is the first book on the subject to take Hegel's system of speculative philosophy seriously as an important component of any robust understanding of this text. Key Features •Sets out the difference between 'systematic' and 'non-systematic' readings of Philosophy of Right •Outlines the unique structure (...) of Hegel's philosophical arguments •Explores key areas of Hegel's political philosophy: his theories of property, punishment, morality, law, monarchy, war, democracy and history This significantly expanded second edition includes: a more detailed explanation of Hegel's philosophical system, two new chapters on his theories of democracy and history and an appendix detailing the implications this work has for future interpretations of Hegel's philosophy. (shrink)

Review of Benjamin Yost's Against Capital Punishment by Thom Brooks.

René Thom scrute les propriétés qu'on peut assigner à tout lieu, et désigne la question de ses bords, celle des extrémités. Il s'interroge sur la théorie aristotélicienne des lieux que la transposition topologique éclaire. Des réflexions sur le lieu propre à un animal et des impressions de voyage de Marcel Proust étayent la construction.

Hegel’s project of reconciliation is central to his Philosophy of Right. This article argues that scholars have understood this project in one of two ways, as a form of rational reconciliation or a kind of endorsement. Each is incomplete and their inability to capture the kind of reconciliation Hegel has in mind is made apparent when we consider the kind of problem that the rabble creates for modern society, which reconciliation is meant to address. The article concludes that more than (...) mutual recognition is required and we should recognise the crucial role played by stakeholding, whereby citizens share a principled conviction about oneself and others. (shrink)

The future of philosophy is moving towards “global philosophy.” The idea of global philosophy is the view that different philosophical approaches may engage more substantially with each other to solve philosophical problems. Most solutions attempt to use only those available resources located within one philosophical tradition. A more promising approach might be to expand the range of available resources to better assist our ability to offer more compelling solutions. This search for new horizons in order to improve our clarity about (...) philosophical issues is at the heart of global philosophy. The idea of global philosophy encourages us to look beyond our traditions to improve our philosophical problem-solving by our own lights. Global philosophy is a new approach whose time is coming. This essay offers the first account of this approach and an assessment of its future promise. (shrink)

Moral enhancement techniques modifying brain processes to produce improved moral conduct present us with new challenges for how we grapple with the ethical questions raised. John Shook (2012) argues that we should greet these developments with some measure of skepticism and cynicism regarding their success and desirability. This commentary considers further Shook’s scepticism. It is argued that the issue of “moral enhancement” raises questions about which view(s) may benefit and the problems this poses for societies characterized by the fact of (...) reasonable pluralism. More importantly, it is further argued that moral enhancement runs into greater difficulties where enhancement is thought to contribute to alleviating illegal behavior. This is because law and morality are related imperfectly and, therefore, improved moral sensitivity may not translate into less illegality. Thus, moral enhancement techniques may create moral Frankensteins that (a) may undermine the existence of reasonable pluralism in modern liberal societies and (b) may fail to better achieve lawful behavior. (shrink)

Polygamy is a hotly contested practice and open to widespread misunderstandings. This practice is defined as a relationship between either one husband and multiple wives or one wife and multiple husbands. Today, “polygamy” almost exclusively takes the form of one husband with multiple wives. In this article, my focus will center on limited defenses of polygamy offered recently by Chesire Calhoun and Martha Nussbaum. I will argue that these defenses are unconvincing. The problem with polygamy is primarily that it is (...) a structurally inegalitarian practice in both theory and fact. Polygamy should be opposed for this reason. (shrink)

Trust is essential for our democracy. We trust our political leaders and institutions to put the public interest before their personal or partisan advantage. We trust each other to work and live together. No system is perfect and there is rarely one right answer to the big challenges faced, but we expect leaders to be honest, competent and compassionate – and punish any breaches harshly in the polls or the ballot box. But not any longer. Now is a time of (...) political crisis that’s fuelled by a lack of trust in government and the mainstream. This carries significant and damaging consequences for the future of our democracy fragmenting and polarising our communities. While election results from Brexit to Trump shocked political pundits on both sides of the Atlantic, the roots of an alienated and divided public who increasingly do not trust public figures to put the public interest first have root causes that run deep. The absence of trust creates a political shift akin to a new kind of revolution putting at risk our democracy’s future health. Awareness and action have never been needed more urgently. For over two decades, Thom Brooks has been a leading voice in exposing this crisis in trust and challenging its foundations. This provocative collection of new and recent reflections brings together his work as a freelance columnist and essayist covering Brexit, British values, citizenship and immigration, Scotland’s independence referendum, tackling the Covid-19 pandemic, education policy and legal reform. These essays highlight his substantial contributions to some of the leading political issues of our day. How deep is our current crisis – and what can we do about it to rebuild trust in our politicians, public institutions and each other? Brooks provides clear insights into these issues and more with his ‘realistic optimism’ for the future and why we can be the solution to our political crisis. (shrink)

This book explores noteworthy approaches to modal syllogistic adopted by medieval logicians including Abélard, Albert the Great, Avicenna, Averröes, Jean Buridan, Richard Campsall, Robert Kilwardby, and William of Ockham. The book situates these approaches in relation to Aristotle's discussion in the Prior and Posterior Analytics, and other parts of the Organon, but also in relation to the thought of Alexander of Aphrodisias and Boethius on the one hand, and to modern interpretations of the modal syllogistic on the other. Problems explored (...) include: Aristotle's doctrine of modal conversion, the pure and mixed necessity-moods, modal ecthesis, the pure and mixed contingency-moods, and Aristotle's use of counter-examples. Medieval logicians brought various concepts to bear on these problems, including the distinction between per se and per accidens terms, the notion of essential predication, the distinction between ut nunc and simpliciter propositions, the distinction between de dicto and de re modals, and the notion of ampliation. All these are examined in this book. (shrink)

This paper examines three recent discussions of Aristotle's system of syllogisms with apodeictic and assertoric premisses. Though they contain no cross-references, and though they arrive at disparate interpretations, all three pieces share a common aim. That aim is to construct an intuitively graspable interpretation of Aristotle's modal syllogistic which is based on metaphysical considerations. I argue that none of these authors has succeeded in this; nevertheless, I share their broad aim, and attempt to show that a more satisfactory interpretation can (...) be formulated by combining and developing elements drawn from all three. (shrink)

How should we determine which nations have a responsibility to remedy suffering elsewhere? The problem is pressing because, following David Miller, ‘[it] is morally intolerable if (remediable) suffering and deprivation are allowed to continue . . . where they exist we are morally bound to hold somebody (some person or collective agent) responsible for relieving them’. Miller offers a connection theory of remedial responsibilities in response to this problem, a theory he has been developing over the last decade. This theory (...) is meant to serve as a guide on how we can best determine which nations are remedially responsible for alleviating suffering and deprivation elsewhere. Miller’s theory entails our following a procedure in order to determine remedial responsibility for nations. The problem is that there is an important flaw in this procedure, a flaw that previous critiques have overlooked. This essay will explain this flaw and how Miller’s theory might be reformulated into a two-tiered procedure that would take better account of this problem. Keywords: Global justice; nationalism; Miller; identity; distributive justice; severe poverty (Published: 16 September 2011) Citation: Ethics & Global Politics, Vol. 4 , No. 3, 2011, pp. 195-202. DOI: 10.3402/egp.v4i3.7140. (shrink)