Collecting information that one expects to be useful is a powerful way to facilitate learning. However, relatively little is known about how people decide which information is worth sampling over the course of learning. We describe several alternative models of how people might decide to collect a piece of information inspired by “active learning” research in machine learning. We additionally provide a theoretical analysis demonstrating the situations under which these models are empirically distinguishable, and we report a novel empirical study (...) that exploits these insights. Our model-based analysis of participants' information gathering decisions reveals that people prefer to select items which resolve uncertainty between two possibilities at a time rather than items that have high uncertainty across all relevant possibilities simultaneously. Rather than adhering to strictly normative or confirmatory conceptions of information search, people appear to prefer a “local” sampling strategy, which may reflect cognitive constraints on the process of information gathering. (shrink)

How can a just peace be built in sites of genocide, massive civil war, dictatorship, terrorism, and poverty? In Strategies of Peace, the first volume in the Studies in Strategic Peacebuilding series, fifteen leading scholars propose an imaginative and provocative approach to peacebuilding. Today the dominant thinking is the "liberal peace," which stresses cease fires, elections, and short run peace operations carried out by international institutions, western states, and local political elites. But the liberal peace is not enough, the authors (...) argue. A just and sustainable peace requires a far more holistic vision that links together activities, actors, and institutions at all levels. By exploring innovative models for building lasting peace-a United Nations counter-terrorism policy that also promotes good governance; coordination of the international prosecution of war criminals with local efforts to settle civil wars; increasing the involvement of religious leaders, who have a unique ability to elicit peace settlements; and many others--the authors advance a bold new vision for peacebuilding. (shrink)

In recent years several philosophers have argued that there is an irreducibly interpersonal dimension to the epistemology of testimony. I here revisit the account of testimony that I offered in Testimony, Trust, and Authority and explore some of its broader ethical and political implications. On the account that I propose, there is a deep parallel between the way in which the testimony of epistemic authorities impacts on the agency that we exercise in settling theoretical questions and the way in which (...) the directives of practical authorities impact on the agency that we exercise in settling practical questions. This sheds light both on the way in which the testimony of victims of violence, oppression, and discrimination can have a reparative power that outstrips its probative value and on the anxiety that victims can feel about the very possibility of being believed. To be believed is to be granted the power to settle theoretical questions for others, a power that can restore a sense of agency that was damaged by violence or oppression. But in the wake of the dehumanizing effects of such oppression, this is a power that victims can feel unable to exercise, especially when their testimony concerns events that are difficult for their addressees to face or comprehend. In such cases, even non-culpable lack of comprehension from addressees can render victims unable to exercise a basic form of human agency. (shrink)

결정론자는 행위자의 선택이 인과적으로 결정되어 있다고 믿는 반면 자유주의자는 그렇지 않다고 믿는다. 이 글은 자유주의에 대한 한 가지 비판을 다룬다. 세스 샤보(S. Shabo)는 「자유의지와 미스터리: 『마인드』주장을 넘어서」에서 반 인와겐(P. van Inwagen)의 역행 논증을 정교화하면서 자유주의에 대한 반론을 펼친다. 샤보는 어떻게 행위자가 인과적으로 비결정적인 두 가지 가능한 미래상황을 하나의 실제적 미래상황이 되도록 이끄는 결정력(the power to settle)을 가질 수 있는지에 대해 자유주의자가 설명해야 한다고 주장한다. 필자는 이 결정력에 대한 샤보의 비판을 반박하며 어떤 차원에서 행위자가 그것을 소유할 수 있는지에 대한 (...) 해명을 시도한다.BR 필자는 2장과 3장에서 역행 논증과 더불어 결정력에 대한 샤보의 논증을 제시한다. 4장에서는 자유주의자에게 결정력을 설명하도록 요구하는 샤보의 주장이 왜 부당한지를 해명한다. 5장에서는 행위자의 선택이 어떤 점에서 행위자 자신에게 달려 있는 사안일 수 있는지에 대한 해명을 시도한다. 6장에서 필자는 역행 논증의 핵심을 재정립하고 그러한 재정립 후에도 여전히 그것이 자유주의를 무력화하기에는 역부족임을 논증한다. (shrink)

ABSTRACTThere is only one reference to art in Heidegger’s Being and Time but art is to the fore in his later writings. In this article the path from the earlier to the later writings is traced such that two surprising conclusions can be drawn: first, that Heidegger’s later thinking about art is powerfully pre-figured in the single reference to poetry in Being and Time; and, second, that Heidegger’s later thinking about art does not develop a new discourse on aesthetics but, (...) rather, a discourse that re-visions our self-understanding by elaborating an essential tie—already stressed in Being and Time—between our Being and dwelling. The discussion of Heidegger’s philosophy of art as a philosophy of settlement is developed through a renewed assessment of Heidegger’s famous interpretation of Van Gogh’s picture of a pair of old shoes. It is argued that the picture plays a twin role in Heidegger’s analysis: drawing together the threads of Heidegger’s engagement with our time as belonging to the technological age, while also illustrating Heidegger’s conception of the creation of art not as the production of an object but as involved in the opening up of a world. Together these threads invite us to reflect that, even though the “old rootedness” is being lost in this age, art might still contribute to creating a new settlement in our time—with technology. (shrink)

Causal powers, say, an electron’s power to repel other electrons, are had in virtue of having properties. Electrons repel other electrons because they are negatively charged. One’s views about causal powers are shaped by—and shape—one’s views concerning properties, causation, laws of nature and modality. It is no surprise, then, that views about the nature of causal powers are generally embedded into larger, more systematic, metaphysical pictures of the world. This dissertation is an exploration of three systematic metaphysics, Neo-Humeanism, Nomicism (...) and Neo-Aristotelianism. I raise problems for the first two and defend the third. A defense of a systematic metaphysics, I take it, involves appealing to pre-theoretical commitments or intuitions, and theoretical issues such as simplicity or explanatory power. While I think that Neo-Aristotelianism is the most intuitive of the available general metaphysical pictures of the world, these kinds of intuitions do not settle the matter. The most widely held of the alternative pictures, Neo-Humeanism, is accepted in great part because of its theoretical power. In contrast, a systematic Neo-Aristotelian metaphysic is, at best, nascent. The way forward for the Neo-Aristotelian, therefore, is a contribution to an ongoing research program, generating Neo-Aristotelian views of modality, causation and laws of nature from the Neo-Aristotelian understanding of causal powers. The central argument of this dissertation is that such views are defensible, and so the Neo-Aristotelian metaphysic ought to be accepted. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response to Elvira Panaiotidi, “The Nature of Paradigms and Paradigm Shifts in Music Education”Carlos Xavier RodriguezElvira Panaiotidi has delivered a very useful and appealing paper on the topic of how the music education community decides it is time to change the way it thinks and acts. Her primary focus is whether the concept of "paradigms" proposed by Thomas Kuhn in The Structure of Scientific Revolutions reasonably explains how change (...) occurs in music education theory and practice and, if not, whether it can be modified so that it does. Following Peter Abbs' account of paradigm shifts in arts education, she proposes that paradigm shifts occur when methods of inquiry change even if what is being analyzed does not change. More specifically, paradigm shifts involve gradual transformations such that certain principles and terminology are carried over from the previous paradigm to the new one, and change at a slower rate than the methodologies adopted to make sense of them. Such discrepancy creates the kind of communicative discord she alludes to in her introduction: the aesthetic/praxial debate. Her further analysis of Abbs' argument leads her to conclude that the paradigm shifts he describes in arts education are different in kind from those intended by Kuhn. They apparently lack conceptual modification, or "conversion experience," and seem motivated by the need for increasingly comprehensive explanations of artistic behavior and thinking.Panaiotidi's synopsis of Kuhn's original criteria for paradigms reminded me [End Page 108] that his Structure of Scientific Revolutions as my first college textbook, exerted a powerful influence on me by its power to explain how humans formulate and react to new and better ideas. Panaiotidi seems to share this feeling, and scrutinizes Kuhn's original intention to use paradigms as a way of delineating the natural sciences from the humanities. Kuhn himself cautioned that his characterization of change and progress in science is not readily applicable to the arts and, more importantly, that interpretive frameworks for understanding art are not paradigms because paradigms are not theories, a distinction he echoed throughout his career. I argue that Kuhn would not consider the aesthetic and praxial approaches to music education paradigms at all; rather they are more a search for "a more inclusive theory" as Panaiotidi states. However, the ready applicability of Kuhn's criteria for paradigms to the work of music education philosophers is apparent. Their writings have been "sufficiently unprecedented to attract an enduring group of adherents away from competing modes of scientific activity." They have become associated with new methodological strategies because their writings are "sufficiently open-ended to leave all sorts of problems for the redefined group of practitioners to solve."There is, however, quite a difference in the way that science and art communities function. As Ted Gracyk writes in his book, I Wanna Be Me: Rock Music and the Politics of Identity:Where a scientific community singles out one paradigm as the foundation for further research, artistic communities do not. Once Newtonian mechanics was accepted as a scientific paradigm, no other approach to mechanics counted as a rational basis for mechanics. "Unlike art," Kuhn observes, "science destroys its past." The artworld can admire multiple paradigms, representing different periods in art history, without risking incoherence: Picasso's success did not lead museums to put their Rembrandts into storage."1Perhaps, then, the discord noted by Panaiotidi between "aestheticians" and "praxialists" arises not from a shortcoming of music education theory to provide what she calls "tenacious theoretical footing which could help settle the dispute," but from a too-literal interpretation of Kuhn's original criterion that applies to the natural sciences: new paradigms must necessarily refute those that have preceded them. Indeed, the music education research community has grappled with this very issue in its polarized views of acceptable research practice, which is perhaps more fundamentally a misunderstanding regarding the nature of the sciences versus the nature of the humanities. We in arts education have long admired scientific inquiry for its relative stability, what Kuhn calls a "normal" versus "revolutionary" mode of activity. However, as Panaiotidi explains, "Normal science [End Page 109] is characterized by a broad consensus of the specialists and is not by its nature... (shrink)

In the mid-1800s, there was much debate about the origin or 'exciting cause' of cholera. Despite much confusion surrounding the disease, the so-called miasma theory emerged as the prevalent account about cholera's cause. Going against this mainstream view, the British physician John Snow inferred several things about cholera's origin and pathology that no one else inferred. Without observing the vibrio cholerae, however,-data unavailable to Snow and his colleagues-, there was no way of settling the question of what exactly was causing (...) cholera and how, or if, it was passed on. The question then arises as to how Snow arrived at conclusions so systematically different from those of his opponents. In this paper, I want to look at Snow's reasoning in some detail, and show that there were certain principles, explanatory power in particular, that were epistemologically important to Snow in their own right. I will show that Snow himself takes explanatory power to be an epistemic property, and makes explicit links between explanatory power and confirmation. Systematically juxtaposing Snow's claims and his opponents', I will show that Snow was right to tout the explanatory power of his theory, and that his conclusions about the epistemic superiority of his theory over that of the miasmatists' were justified. (shrink)

Based on an ethnographic study of women's social groups and networks in a community of Vietnamese immigrants recently settled in the United States, this article explores the effects of migration on gender roles and power. The women's groups and networks play an important role in the exchange of social and economic resources among households and in the mediation of disputes between men and women in the family. These community forms are an important source of informal power for women, (...) enabling them to cope effectively with male authority in the family. Yet, despite their increased power and economic resources, these women supported a patriarchal social structure because it preserved their parental authority and promised greater economic security in the future. (shrink)

Riječ je o socijalno-epistemologijskoj kritici globalizacije koja funkcionira kao povlaštena slika svijeta, povlaštena znanstvena paradigma. Odnos između globalizacije i moći, globalizacije i politike znanja, u radu se analizira polazeći od krize legitimiteta znanja – krize smisla, uloge i društvene funkcije univerziteta kao najviše institucije znanja. Na početku modernosti znanje je označeno kao moć. Na kraju modernosti, u globalnom društvu znanja, sama moć – moć nametanja znanja u liku tehnoznanosti – određuje što može biti tretirano, testirano i priznato kao znanje. Jedanaest (...) ključnih stavova o globalizaciji iskazuju se u obliku gramatologijski nadopunjujućih antiteza o proturječnoj dinamici stvorenoj međusobnim preplitanjem politike znanja, moći i ideologije tržišnog fundamentalizma. Većina antiteza nastaje iz promišljenog suprotstavljanja hiperkapitalističkoj ideologiji tržišnog fundamentalizma. Ta ideologija nalazi se u osnovi dominantne ekonomske predstave o globalizaciji. Cilj rada je kritički preispitati raširenu popularnost pozitivističke naracije o globalizaciji, posebno o ‘globalnom društvu znanja’ i ‘novoj ekonomiji znanja’ . Problem je što dominantna ekonomimetička koncepcija globalizacije potpuno nekritički pretpostavlja da je pozitivirajuća upotreba pojma globalizacije samorazumljiva, koherentna, neproblematična, legitimna i opravdana. Suprotno tomu, pokazuje se da ‘globalizacija’ nije jasan nego da je veoma nejasan »pojam« , »koncept« , »paradigma « itd. Rad nastaje iz uvjerenja da globalizaciju nije moguće znanstveno legitimirati kao novu znanstvenu paradigmu. Činjenica da globalizacija unutar glavnih tokova znanosti ima ogromnu snagu, predstavlja stoga svojevrsni autoreferencijalni paradoks. Današnja ekonomska globalizacija rezultat je udruženog djelovanja znanstvene, tehničko-tehnološke, simboličke i realne nadmoći ekonomiziranog globalizacijskog diskursa, globaliziranih institucija znanja i drugih mehanizama. Ti mehanizmi globalizaciju i tržišni fundamentalizam nameću, promiču, kreiraju, rekreiraju i podržavaju kao jedinstven projekt koji se provodi u ime stvaranja novog »globalnog društva znanja«. This work is about social and epistemological criticism of globalization that functions as a privileged image of the world or a privileged paradigm. The relationship between globalization and power, and/or globalization and knowledge policy is analyzed in this work by proceeding from the crisis of knowledge legitimacy – the crisis of the purpose, role and social function of university as the highest institution of knowledge. At the beginning of modernity, knowledge was designated as power. At the end of modernity, in the global society of knowledge, the very power – the power of imposing knowledge in the form of technical science – prescribes what is to be treated, tested and acknowledged as knowledge itself. Eleven crucial statements on globalization are expressed in the form of grammatologically supplementing antitheses on the contradictory dynamics created by mutual interweaving of the knowledge policy, power and the market fundamentalism ideology. Most of these antitheses result from a deliberate opposition to the hyper capitalist ideology of market fundamentalism. This ideology is settled in the very basis of the predominant economical notion on globalization. The aim of this work is to re-examine critically the widespread popularity of the positivist narration on globalization, especially when related to “global society of knowledge” and “new economy of knowledge”. The problem is that the dominant economic-mimetic conception of globalization presumes in a highly uncritical way that the positivist use of the term globalization is self-understandable, coherent, uncomplicated, legitimate and justified. On the contrary, globalization does not appear as a clear, but a very ambiguous “term”, “concept”, “paradigm” etc. Our work results from the conviction that it is not possible to legitimate globalization scientifically as a new scientific paradigm. Therefore, the fact that globalization gathers enormous power within the main streams of science represents a special auto-referential paradox. The contemporary economical globalization is a result of mutual activities in the form of a scientific, technical-technological, symbolical and real predominance of a certain commercializing and globalizing discourse, globalizes institutions of knowledge and other mechanisms. These mechanisms impose, promote, create, re-create and support globalization as a unique project carried out in the name of establishing a new “global society of knowledge”. (shrink)

abstract As history shows, some human beings are capable of acting very immorally. 1 Technological advance and consequent exponential growth in cognitive power means that even rare evil individuals can act with catastrophic effect. The advance of science makes biological, nuclear and other weapons of mass destruction easier and easier to fabricate and, thus, increases the probability that they will come into the hands of small terrorist groups and deranged individuals. Cognitive enhancement by means of drugs, implants and biological (...) (including genetic) interventions could thus accelerate the advance of science, or its application, and so increase the risk of the development or misuse of weapons of mass destruction. We argue that this is a reason which speaks against the desirability of cognitive enhancement, and the consequent speedier growth of knowledge, if it is not accompanied by an extensive moral enhancement of humankind. We review the possibilities for moral enhancement by biomedical and genetic means and conclude that, though it should be possible in principle, it is in practice probably distant. There is thus a reason not to support cognitive enhancement in the foreseeable future. However, we grant that there are also reasons in its favour, but we do not attempt to settle the balance between these reasons for and against. Rather, we conclude that if research into cognitive enhancement continues, as it is likely to, it must be accompanied by research into moral enhancement. (shrink)

Some philosophers working on the metaphysics of agency argue that if agency is understood in terms of settling the truth of some matters, then the power required for the exercise of intentional agency is an irreducible two-way power to either make it true that p or not-p. In this paper, the focus is on two-way powers in decision-making. Two problems are raised for theories of decision-making that are ontologically committed to irreducible two-way powers. First, recent accounts lack an (...) adequate framework for explaining decisions by the reasons of agents. Second, accepting ontologically irreducible two-way powers into one’s metaphysic of agency implies an ontological commitment to substance dualism. An ontologically less-costly alternative to irreducible two-way powers is offered. It is argued that a reductive account of two-way powers in terms of what George Molnar called “derivative powers” should be accepted. The reductive account can provide us with the truthmakers for talk about two-way powers. Moreover, the reductive account does not share the liabilities of accepting irreducible two-way powers. (shrink)

Many philosophers have considered logical reasoning as an inborn ability of mankind and as a distinctive feature in the human mind; but we all know that the distribution of this capacity, or at any rate its development, is very unequal. Few people are able to set up a cogent argument; others are at least able to follow a logical argument and even to detect logical fallacies. Nevertheless, even among educated persons there are many who do not even attain this relatively (...) modest level of development. According to my personal observations, lack of logical ability may be due to various circumstances. In the first place, I mention lack of general intelligence, insufficient power of concentration, and absence of formal education. Secondly, however, I have noticed that many people are unable, or sometimes rather unwilling, to argue ex hypothesi; such persons cannot, or will not, start from premisses which they know or believe to be false or even from premisses whose truth is not, in their opinion, sufficient ly warranted. Or, if they agree to start from such premisses, they sooner or later stray away from the argument into attempts first to settle the truth or falsehood of the premisses. Presumably this attitude results either from lack of imagination or from undue moral rectitude. On the other hand, proficiency in logical reasoning is not in itself a guarantee for a clear theoretic insight into the principles and foundations of logic. (shrink)

The evidence from randomized controlled trials (RCTs) is widely regarded as supplying the ‘gold standard’ in medicine—we may sometimes have to settle for other forms of evidence, but this is always epistemically second-best. But how well justified is the epistemic claim about the superiority of RCTs? This paper adds to my earlier (predominantly negative) analyses of the claims produced in favour of the idea that randomization plays a uniquely privileged epistemic role, by closely inspecting three related arguments from leading (...) contributors to the burgeoning field of probabilistic causality—Papineau, Cartwright and Pearl. It concludes that none of these further arguments supplies any practical reason for thinking of randomization as having unique epistemic power. IntroductionWhy the issue is of great practical importance—the ECMO casePapineau on the ‘virtues of randomization’Cartwright on causality and the ‘ideal’ randomized experimentPearl on randomization, nets and causesConclusion. (shrink)

Hobbes would say that this level of apprehension is inevitable in any society that isn't governed by a sufficiently powerful central ruler. Just as in our world, some people or groups would have more power than others, and some of these might have more power than most. The Emperor would still be subject to the demands of the Spacing Guild, for example, while the Spacing Guild would still need to be on good terms with the governor of Arrakis (...) because of the Guild's absolute dependence upon spice. In a world like this, it would be difficult not to see potential threats around every corner, and with good reason. And in this state of wariness, political and social stability will be tough to attain. Hobbes had seen firsthand the terrible destruction that civil war could unleash, the horrific loss of life and destruction of security. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:An Invitation to Play:A Response to Patrick Schmidt's "What We Hear is Meaning Too:Deconstruction, Dialogue, and Music"Patrice Madura Ward-SteinmanThe aims of dialogue-as-deconstruction, as described by Patrick Schmidt, are concepts I have pondered as a result of a five-week sabbatical visit to Melbourne, Australia. My research focus there was improvisation, and early in my visit I attended two concerts at the premier jazz club, Bennett's Lane. There I heard twelve (...) improvisers in a variety of ensembles, all in celebration of the seventieth birthday of their mentor, Tony Gould, who also performed. Gould is cited by John Whiteoak and Aline Scott-Maxwell as an "outstanding player who has never ceased to develop as an improviser" and who "as a pianist, records prolifically across a wide musical spectrum."1While the music was jazz, it was freer and fresher than usual. There was striking interaction among the musicians, including facial expressions that reflected genuine ecstasy, and body movement that was naturally "in sync" with the music. I began to ask many questions, including: Is Australia's jazz different from that [End Page 82] in the U.S.? Is Tony Gould's influence as a teacher the reason for the difference? What accounts for the sensation of "freshness" in this music? And why is this musical experience so gripping, both aurally and visually? Serendipitously, I discovered answers through the opportunity to respond to Schmidt's aims of dialogue-of-deconstruction. I shall illustrate how those aims, namely decentralized power and conflict, multiplicity and meaning, and mis-listening may be met in the improvising music ensemble.Decentralized Power and ConflictThe lifeblood of "free jazz" and "free improvisation" ensembles is de-centralized musical interaction, which may be considered a metaphor for dialogue-as-deconstruction. Case in point: the Tony Gould Quartet was an improvising unit with each musician contributing to the musical whole. The air was electric with each musician poised in both the anticipation of what the other might play and in the moment of creation.A recent trend in studies of organizational behavior is on "self-directed" or "self-managed" groups, as identified by Keith R. Sawyer.2 David Borgo3 explains that the characteristics of these "self-organizing systems" or "SOSs" are threefold: they operate without centralized control, they "exhibit both complex and adaptive dynamics," and they are comprised of autonomous individuals who demonstrate a high degree of connectivity. Both authors assert that an ideal SOS is the free improvising ensemble, where musical ideas are allowed to emerge and adapt, and even musical "mistakes" may be manipulated into the context, thus creating new directions in dialogue.However, SOSs have some inherent problems. For example, they are "slow to emerge.... The more complex they are, the longer it may take them to warm up: hierarchical layers have to settle down... and individual(s) have to acquaint themselves with one another."4 Borgo explained that even advanced improvisers often need to pursue a musical idea for a long while for it to achieve coherence. Philip Alperson adds: "As the number of designing intelligences increases, the greater is the difficulty in coordinating all the parts; the twin dangers of cacophony and opacity lurk around the corner."5It seems that "interactional synchrony"6 can develop among musicians who have "good chemistry" after a warm-up period, but those with conflicting personalities, aesthetic dispositions, or musical styles may have a more difficult time of it. When members of the Tony Gould Quartet were asked how they are able to achieve musical unity, they explained that they have played together for many years, they "hang out and drink together" when not on the bandstand, and they trust each other. Even when one of the members feels "out of sorts," their improvisations are respected as authentic expressions. Others' differences are honored, [End Page 83] rather than felt in opposition to one's self.7 Ingrid Monson8 quotes several musicians who use the metaphor of marriage to describe the musical relationship during a peak performance; on the other hand, jealousy, competition, and even hostility on the bandstand are not uncommon and can destroy an ensemble. So, it appears... (shrink)

The problem of pursuing and achieving justice in a free society involves three different areas of analysis. First, the types of acts that are to be proscribed must be specified. Part of this analysis is methodological, requiring us to settle on the way in which such questions are to be decided. Second, once an offense has been defined, the remedy for its commission must be determined in a manner that is consistent with the theory of justice that defined the (...) criminal act. Finally, the structure of the legal order that will efficiently enforce these principles and at the same time not violate them must be explored. (shrink)

Among challenges to libertarians, the _Mind_ Argument has loomed large. Believing that this challenge cannot be met, Peter van Inwagen, a libertarian, concludes that free will is a mystery. Recently, the _Mind_ Argument has drawn a number of criticisms. Here I seek to add to its woes. Quite apart from its other problems, I argue, the _Mind_ Argument does a poor job of isolating the important concern for libertarians that it raises. Once this concern has been clarified, however, another argument (...) serves to renew the challenge. The Assimilation Argument challenges libertarians to explain how ostensible exercises of free will are relevantly different from other causally undetermined outcomes, outcomes that nobody would count as exercises of free will. In particular, libertarians must explain how agents can have the power to settle which of two causally possible futures becomes the actual future. This will require them to distinguish cases where this power is supposedly present from similar cases where it’s clearly absent. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Will to Nothingness: An Essay on Nietzsche's by Bernard ReginsterRobert GuayBernard Reginster, The Will to Nothingness: An Essay on Nietzsche's On the Genealogy of Morality New York: Oxford University Press, 2022. viii + 202 pp. isbn: 978-0-19-886890-3. Cloth, $80.00.One might imagine making a rough division between two different modes of modern European philosophy. In one, the way that the world seems to proceed belies the actual ground (...) of things; the task of philosophy is to uncover the sources of our misunderstanding and identify the categories that account for genuinely real processes. The other mode of philosophy questions the determinacy and stability of the categories through which we make sense of the world. Here the task of philosophy is not to settle on the right categories or the actual ground, but to gain some purchase on our confusions and self-deceptions when we try to make sense of things. There may be some philosophers (Hegel and Wittgenstein, perhaps) who try to straddle the divide here. But in general the divide is great enough that if an interpreter mistakes one mode for the other it would be costly: no matter how circumspect the particular claims are, all the interpretive results will be misguided. Something like this, I want to claim, is the case with Bernard Reginster's The Will to Nothingness.There are many detailed discussions in Reginster's book. For the purpose of this review, however, I want to focus on the general critical argument, [End Page 104] in part because there is already at least one excellent review of the book (Mark Migotti's in Notre Dame Philosophical Reviews, June 1, 2022), and in part because I think it goes wrong at the level of its entire approach. On Reginster's account GM is composed of a series of "psychological studies" (3) of a version of Christian morality and its central aspects. These psychological studies treat moral judgments as symptoms of affective states, and in this way uncover the functional role that moralities play in the affective lives of agents. Moralities are "designed" (12), as it were, for emotional regulation. Christian morality, in particular, expresses the ressentiment of those beset by feelings of impotence and serves their will to power. Genealogical critique proceeds by uncovering the actual function of morality and then showing how well (or rather poorly) morality fulfills its proper function. Moral beliefs are supposed to enhance the agents' feeling of power, but instead work to sicken and enervate them, and indeed morality "incites" (46) such a pernicious functioning.While I am sympathetic to the idea that genealogy offers a functional assessment of morality, I think that Reginster has taken the wrong approach here. So now I want to draw a broad contrast between Reginster's approach and an alternative one, and then offer six sets of reasons for favoring the alternative approach.On Reginster's account, Nietzsche is interested in specifying and analyzing a precise conception of morality, with all of its attendant normative judgments, metaethical commitments, characteristic beliefs about moral psychology, and so on. These features were all, as constitutive of the morality in question, familiar to the believers in that morality. The purpose, then, of a historical account of origins is to give a unitary explanation for the adoption of the morality in terms of a single underlying affective condition and drive. Agents adopt moralities because, whether they realize it or not, holding moral beliefs facilitates a form of emotional self-regulation. To criticize these beliefs Nietzsche makes a sort of inverted teleological argument. He identifies the essential function of the beliefs and shows that they work against the fulfillment of their own function.Here, by contrast, is a different way of thinking about what Nietzsche is doing. He is not interested in explaining the moral beliefs of reflective, fully developed agents. Instead, he wants to explain how the semantic resources that contribute to morality could have become available at all. The puzzle, for Nietzsche, is how the basic terms of morality could ever even seem to make sense. So the historical account of genealogy is meant to suggest [End Page 105] social... (shrink)

Attempting to settle various debates from recent literature regarding its precise nature, I offer a detailed conceptual analysis of toleration. I begin by isolating toleration from other notions; this provides us some guidance by introducing the eight definitional conditions of toleration that I then explicate and defend. Together, these eight conditions indicate that toleration is an agent’s intentional and principled refraining from interfering with an opposed other (or their behavior, etc.) in situations of diversity, where the agent believes she (...) has the power to interfere. This non-normative definition can serve as a preliminary to normative discussions of toleration. (shrink)

The theories of Locke, Hume and Kant dominate contemporary philosophical discourse on property rights. This is particularly true of applied ethics, where they are used to settle issues from biotech patents to managerial obligations. Within these theories, however, the usual criticisms of private property aren’t even as much as intelligible. Locke, Hume and Kant, I argue, develop claims about property on a model economy that I call “Frontier Town.” They and contemporary authors then apply these claims to capitalist economies. (...) There are two problems with this application: First, we’ll be considering the wrong kind of property: The only property in Frontier Town are means of life. Critics, however, object to property in concentrated capital because they associate only this kind of property with economic coercion and political power. Second, the two economies differ in central features, so that very different claims about empirical consequences and hence about fairness and merit will be plausible for each. This second problem, I argue, is a consequence of the first. I conclude that Frontier Town theories are more likely to distort than to illuminate property issues in capitalist economies. (shrink)

One of Weatherson's main goals is to drive home a methodological point: We shouldn't be looking for deductive arguments for or against relativism – we should instead be evaluating inductive arguments designed to show that either relativism or some alternative offers the best explanation of some data. Our focus in Chapter Two on diagnostics for shared content allegedly encourages the search for deductive arguments and so does more harm than good. We have no methodological slogan of our own to offer. (...) Part of what we were trying to do was to clearly articulate what the relevant issues even are. Often relativism is characterized in a way that is offhand and sloppy. The relativist, we are told, accepts 'disquotational truth' for various kinds of claims but denies that they are 'true simpliciter'. What exactly is going on here? Do the relevant distinctions even make sense? Before engaging in various abductive manoevers we need to get much clearer about what it is that we are trying to argue for and against. That said we are perfectly happy with the kind of inductive enterprise that Weatherson sketches. For our part, we were fully aware (and indeed explicit) that the 'agreement' diagnostic does not ‘deductively’ settle all of the relevant disputes. A significant part of Chapter Four is dedicated to something in the vicinity of Weatherson's project. Note, indeed, that our diagnostics are even stated using the ideology of 'providing evidence' – hardly the basis for a straightforwardly deductive argument for or against relativism. Finally, though, we should point out that we are not hostile to deductive arguments against relativism. A philosopher's evidence is theory-laden and in part owes itself to epistemic powers that his or her opponents may not acknowledge. In short, their evidence may not always have the hallmarks of 'evidence neutrality' --- evidence that their opponents would recognize as such. We are perfectly open to there being compelling deductive arguments against relativism from such evidence.. (shrink)

At first I thought Richard Berrong’s claim was only that I had misread Rabelais. My main point was not about Rabelais but about how, in general, we might deal with sexist classics. But it remains true that if Berrong has caught me misreading—and then condemning—“bits” torn from their context, I have violated my own professed standards. He and I both see Rabelais as a very great author, and we both hope to avoid the pointlessness of judging works, great or small, (...) for faults that they do not exhibit. But I am not certain whether we agree that when, after careful reading, we find that a beloved author is in some way insensitive or unjust, we will want somehow to include that judgment in what we say about the author’s genius. When I consider his conclusion closely, I begin to suspect that we are engaged in a dispute not about Rabelais but about whether we are free to appraise a literary work in terms other than “its own.”I shall not attempt a detailed answer to the claim that I have misread Rabelais. Even if I chanced to persuade Berrong—an unlikely outcome now, since my long article failed to win him—we can be sure that many other modern readers would rise up to call Rabelais inoffensive. Disputes about his treatment of women have continued for more than four centuries, and they are not likely ever to be finally settled. So I shall just touch on four of our contrasting readings and then turn to the more important matter of how we view ethical criticism. Wayne Booth’s most recent book is Critical Understanding: The Powers and Limits of Pluralism. A version of his critique of Rabelais will appear this year in The Company We Keep: Ethical Criticism and the Ethics of Reading. (shrink)

Historiography realized that the Middle Ages were not the “dark ages” of the European civilization. On the contrary, the period generated a series of ideas and phenomena that are associated with the modern period. At the beginning, the first chiefs of states started by establishing connections with the church authority (through the rituals of crowning, anointing, or through the magic powers attributed to the king’s touch). Gradually, and due to the contribution of some important thinkers (such as Thoma d’Aquino, Dante (...) or Marsilio di Padova), the fundaments of the rational concept of the state organization were settled, in the transition period of the XIIIth- XIVth centuries. The author discusses these ideas (of the natural rights, of the conciliar doctrine) underlining their importance in the formation of the modern paradigm. (shrink)

The following pages sketch the outlines of “a Canaanite reading” of the health system. Beginning with the Black person—African, Afro-diasporic, Aboriginal, and Torres Strait Islander—who is seen by a health professional, the functions and effects of the racializing gaze are examined. I wrestle with Al Saji’s understanding of “colonial disregard,” Whittaker’s insights into the extractive disposition of settler institutions vis-à-vis Indigenous peoples, and Saidiya Hartman and Fred Moten’s struggle with the spectacular. This leads me to conclude that the situation of (...) the Black within the health system is a tragic one. The prescription for the path out of this tragedy that I settle on, responding to Okiji’s opening call, is found in Vernon Ah Kee’s “Unwritten” series. (shrink)

Contractarian theories are meant to settle the issue of when political authority meets the conditions of rational legitimacy. The author addresses the same issue, but using different premises and a different conceptual frame. He takes as his point of departure the two basic problems which rational collective will‐formation refers to ‐ conflict‐resolution and goal attainment. He then introduces the codes of law and power, with which such will‐formation can be institutionalized. The legitimation gap that then still remains open (...) can be filled by a practical reason which is not limited simply to morality but also permeates the procedures of law application, policy‐formation and legislation. These preliminary considerations remain within the limits of a thought‐experiment. (shrink)

Kant’s attempts to formulate a conception of the harmony of nature and freedom have two logical presuppositions. The first presupposition is separation of ought and is, which provides a logical formulation of the separation of freedom and nature. Kant might well have settled on the view that the separation between nature and freedom cannot be bridged. Why did Kant attempt to overcome said separation? The second presupposition of Kant’s project to bridge nature and freedom involves an ought→can inference, stating that (...) moral obligation implies the possibility of its fulfillment. There are at least two ways this inference can be understood. There is a weak sense of the inference, stating that no one is obliged to do the impossible. There is also a very strong sense of the inference, stating that if a moral obligation is found to obtain, it must then be possible to fulfill it. Kant interprets the ought→can inference in this strong as well as in the weak sense. Nature, the law-governed totality of what exists, must be understood as able to provide a suitable field for moral realization. The isomorphism between the lawfulness of nature and that of moral freedom animate Kant’s account of moral judgment, and will provide the main focus of the current investigation. Kant conceives of nature and freedom as twin kingdoms, thus providing a theoretical model validating this ought→can inference. The weaker sense of this ought→can inference does justice to moral judgment without requiring the awesome task of bridging nature and freedom. Why, then, should we maintain the strong ought→can inference in our post-Kantian situation? I suggest that Kant’s insistence on the strong ought→can inference may yield an ethical approach to the ever more powerful ways in which human beings technologically transform nature, including human nature itself. (shrink)

This paper explores the significance of the concept of power/knowledge in educational theory. The argument proceeds in two main parts. In the first, I consider aspects of Stephen J. Ball’s highly influential work in educational theory. I examine his reception of Foucault’s concept of power/knowledge and suggest that there are problems in his adoption of Foucault’s thought. These problems arise from the way that he settles interpretations into received ideas. Foucault’s thought, I try to show, is not to (...) be seen in a confined way. In the second part, I seek a different reading of Foucault’s notion of power/knowledge in order to break with this tendency to confine, referring to the work of Gilles Deleuze. I draw particularly on Deleuze’s thought of the outside as a means of manifesting the significance of power/knowledge in relation to processes of subjectification. At the end of the paper, I suggest how educational theory might be reconceived in the light of potencies of power/knowledge that the paper has demonstrated. (shrink)

The central fact underlying all relations is the question of power and how it can be used to get one's way. When power does not work, we move to compromise. This paper questions the validity of compromise as an effective means of settling differences. My standpoint is that compromise debases relationships, is wrong in principle and does not work in practice either. There is a better strategy: integration, when the contending parties find the wider solution that includes both (...) their interests. Ethically right, integration also works better in practice, for it leads to longer-term, more productive and happier relations. (shrink)

According to classical molecular chemistry, molecules have a structure, that is, they are sets of atoms with a definite arrangements in space and held together by chemical bonds. The concept of molecular structure is central to modern chemical thought given its impressive predictive power. It is also a very useful concept in chemistry education, due to its role in the rationalization and visualization of microscopic phenomena. However, such a concept seems to find no place in the ontology described by (...) quantum mechanics, since it appeals to classical notions such as the position of the atomic nuclei or the individuality of electrons. Although this problem has attracted the attention of several authors, the discussion is far from settled. Some authors adopt an explicitly reductionist position and advocate to reconstruct the concept of molecular structure within the framework of the quantum theory. Others, although acknowledging the conceptual discontinuity between quantum mechanics and molecular chemistry, keep the hope of future reduction alive. From an explicitly non-reductionist position, on the contrary, others authors conceive molecular structure as an emergent phenomenon. The purpose of this article is to propose a different line of argumentation to address this problem. By contrast to reduction and emergence, the admission of a multiplicity of ontologies, not necessarily linked by hierarchical connections, cancels the need of finding a relation of dependence between the molecular level and the quantum level. This ontologically pluralist position can be applied to the issue of molecular structure, in order to argue that it is possible to admit the existence of structure in the ontology of molecular chemistry, in spite of the fact that it does not exist in the quantum world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:418 Feminist Studies 43, no. 2. © 2017 by the estate of tatiana de la tierra. Ode to Unsavory Lesbians i love an ugly lesbian one who walks with a limp talks with a lisp leaves her dentures out overnight by the bathroom sink wears polyester pants and men’s cologne, the cheap kind has a beard so long she steps on it sprouts warts on her toes, all twelve (...) of them carries a spittoon in her breast pocket chortles at church people i dream of a lesbian who’s always broke she doesn’t own a car, walks streets barefoot, near and far washes all her clothes by hand steals from walmart scams the business-suited man lights matches on her wooden leg barbeques freshly plucked birds on her shopping cart seasons them with salt, that’s all licks her fingers in the moonlight i crave a lesbian who’s fat and fleshy so big she can’t fit through the door at starbucks and they set up an outdoor café just for her so fat she wears bangles on her fingers her belly is a boom box her stretch marks are hieroglyphic etchings she’s so heavy, tectonic plates shift beneath her feet so huge, lake erie is her bathtub tatiana de la tierra tatiana de la tierra   419 i lust after an unsavory lesbian she blows away my lackluster day leads me in a lambada, lights lantern between my legs lays my head down on lace pillows humps me like a lamppost lacerates me with leather lust lacquers my body with blue latex paint logs the forest for prime wood builds me lakeside throne sets me there and worships me —goddess in blue— lines my path with lady slippers ravishes me with sex words pets me like a little lamb wins me by a landslide To My Kidneys i had no inkling of your existence those summers when i swam in waters at the turkey point nuclear power plant a mile from home was proud of the organic salad tomatoes and the steaming peppermint tea that came from backyard garden a block from the rex chemicals plant life at 29822 SW 147th avenue in leisure city was anything but leisurely 420 tatiana de la tierra it was all screaming and fighting and cursing hijueputa this and hijueputa that poverty pissed me off i drank too much high fructose corn syrup not enough purified water snorted cocaine smoked dope lived all toughed out while you worked silently on my behalf filtering purifying regulating i was an angry girl but i blew up no buildings killed no one i was all hot air exploding inside letting carnage settle harden at twenty-nine something was wrong the damage was done your tubules were atrophying glomeruli were dead and dying you were inflamed and irate i had twenty-four grams of protein in the urine all swollen and freakishly feverish pouring my fluids into vials and beakers tried to recollect every sun burn those little red dots on my childhood skin tatiana de la tierra   421 i was a medical mystery for months until the day doctors made a diagnosis: lupus-mediated membranous glomerulonephritis now, eighteen years later you’re all i’ve got my future is in the capillaries of your glomeruli i’ve taken pills done prayers of all kinds even injected myself with german baby’s umbilical cord to keep you going yet you falter healers put the blame on all kinds of things deep-seated fears petrochemicals lead cadmium karma white flour self-hatred seriousness we’re in this together, you and i let’s go get sunshine drink green tea grow tall and strong wade in waters up to our knees like the cypress in the florida swamps gracing riverbanks and wetlands roots filtering flowing waters branches stretching to the skies with their durable and eternal woods 422 tatiana de la tierra Topanga Canyon i had forgotten trees how they claim earth and sky a herd of elephants standing in place reaching up with their trunks carrying torches of green leaves that breathe after death crushed at my feet trees splayed out like spent lovers legs open... (shrink)

PHOTO ID 121339257© Designer491| Dreamstime.com ABSTRACT When physicians use their clinical knowledge and skills to advance the well-being of their patients, there may be apparent conflict between patient autonomy and physician beneficence. We are skeptical that today’s medical ethics education adequately fosters future physicians’ commitment to beneficence, which is both rationally defensible and fundamentally consistent with patient autonomy. We use an ethical dilemma that was presented to a group of third-year medical students to examine how ethics education might be causing (...) them to give undue deference to autonomy, thereby undermining their commitment to beneficence. INTRODUCTION The right of patients to choose which treatments they prefer is rooted in today’s social mores and taught as a principle of medical ethics as respect for autonomy. Yet, when physicians use their clinical knowledge and skills to advance the well-being of their patients, there may be a conflict between patient autonomy and physician beneficence. We are skeptical that today’s medical ethics education adequately fosters a commitment to beneficence, which is both rationally defensible and fundamentally consistent with patient autonomy. I. An Ethical Dilemma The impetus for this paper arose when students who were completing their third clinical year discussed a real-life ethical dilemma. A middle-aged man developed a pulmonary hemorrhage while on blood thinners for a recently placed coronary stent. The bleeding was felt to be reversible, but the patient needed immediate intubation or he would die. The cardiologist was told that the patient previously expressed to other physicians that he never wanted to be intubated. However, the cardiologist made the decision to intubate the patient anyway, and the patient eventually recovered.[1] Students were asked if they believed that the cardiologist had acted ethically. Their overwhelming response was, “No, the patient should have been allowed to die.” We looked into how students applied ethical reasoning to conclude that this outcome was ethically preferred. To explore how the third-year clinical experience might have formed the students’ judgment, we presented the same case to students who were just beginning their third year. Their responses were essentially uniform in recommending intubation. While there is likely more than one reasonable view in this case, we agree with the physician and the younger medical students that intubation was the ethically appropriate decision and will present an argument for it. But first, we explain the reasoning behind the more advanced medical students’ decision to choose patient autonomy at the expense of beneficence. II. Medical Ethics Education and the Priority of Autonomy Beauchamp and Childress’s Principles of Biomedical Ethics, first published in 1979 and now in its 8th edition, is a significant part of the formal ethics education in medical school.[2] Students learn an ethical decision-making approach based on respect for four ethical principles: autonomy, beneficence, nonmaleficence, and justice. While Beauchamp and Childress officially afford no prima facie superiority to any principle, the importance of respect for patient autonomy has increased through the editions of their book. For example, early editions of their book opposed the legalization of physician-assisted death compared to recent editions that defended it.[3] As another example, Beauchamp and Childress make paternalism harder to justify by adding an autonomy-protecting condition to the list of conditions for acceptable paternalism.[4] Authority, they contend, need not conflict with autonomy—provided the authority is autonomously chosen.[5] “The main requirement,” they write, “is to respect a particular patient’s or subject’s autonomous choices, whatever they may be.[6] In the principlism of Beauchamp and Childress, autonomy now seems to have a kind of default priority.[7] However, the bioethics discourse has strong counternarratives, noting some movement to elevate the role of beneficence and to respect the input of stakeholders, including the family and the healthcare team. Ethics education achieves particular relevance in the third clinical year when students become embedded in the care of patients and learn from what has been called the informal curriculum. They observe how attending physicians approach day-to-day ethical problems at the patient’s bedside. In this context, students observe the importance of informed consent for serious treatments or invasive procedures, a practice that highlights the principle of patient autonomy. In both the formal and informal curriculum, medical students observe how, in the words of Paul Wolpe, “patient autonomy has become the central and most powerful principle in ethical decision-making in American medicine.”[8] In short, students appear to learn a deference for patient autonomy. This curricular shift in favor of autonomy coincides with legal developments that protect patients’ rights and decision-making with respect to their healthcare choices. The priority of autonomy in medicine benefits patients by reflecting their choices and, in some cases, their fundamental liberty. III. The Practice of Medicine and the Commitment to Beneficence There are many critiques of the dominant place that autonomy has in biomedical ethics,[9] especially considering that autonomy seems to be biased toward individualistic, Western, and somewhat American culture-driven values.[10] In addition, many bioethical dilemmas are cast as a conflict between autonomy and beneficence. Our point is that medical students bring to their study of medicine a commitment to beneficence that seems to be suppressed by practical ethics education. We think this commitment is rationally defensible and should be nurtured. It is striking that young medical students have a pre-reflective commitment to beneficence at all. For, as we mentioned, it is not just medicine but Western culture generally that prioritizes autonomy in settling ethical dilemmas. In wanting to act for the good of others (rather than simply agreeing to what others want), physicians are already swimming somewhat against the cultural tide.[11] However, doing so makes sense, given the nature of medicine and the profession of healing. When prospective medical students are asked why they wish to become physicians, the usual answer is some variation on caring for the sick and preventing disease. It is unlikely that a reason to become a physician is to respect a patient’s autonomy. It would be easy to dismiss medical students’ commitment to beneficence as a mere intuition and contrary to a more reasoned and deliberative approach. Beauchamp and Childress seem to minimize the value of physician intuition, stating that justifications for certain procedures are “…supported by good reasons. They need not rest merely in intuition or feeling.”[12] Henry Richardson writes that “situational or perceptive intuition…leaves the reasons for decision unarticulated.”[13] We think this is a crude and rather thin way of understanding intuition. Some bioethicists have defended intuition as essential to the practice of medicine and not something opposed to reason.[14] In the case we describe, we believe the ethical justifications s for the patient’s intubation are fundamentally sound: the patient did not have a “do not intubate” order written in the chart, the emergency intubation had not been foreseen, so the patient did not have the opportunity to consent to or reject intubation; the patient had consented to the treatment for his cardiac disease so his consent for intubation could have been assumed;[15] and the consequences of respecting his autonomy did not justify allowing him to die.[16] While it is possible to have more than one reasonable view on this case, we think the case for beneficence is strong and certainly should not be dismissed out of hand. We do not deny that if a patient makes a clearly documented, well-informed decision to forgo intubation that this decision ought to be respected by the physician (even if the physician disagrees with the patient’s decision). But, in this situation, as in many others in the practice of medicine, the patient’s real wishes and preferences are not well-articulated in advance. There are many cases where a physician acts based on what she believes the patient, or the surrogate, would want, sometimes in situations that do not allow much time for reflection. An example might be resuscitation of a newborn at the borderline of viability. In their ethics education, beneficence would mean acting first to save a life. If the patient or surrogate makes an informed decision to the contrary, a beneficent physician respects that autonomous decision. In the case presented, the patient expressed gratitude to the cardiologist when extubated. But what if he had expressed anger at the physician for violating his autonomy? There are those who could argue that not only was intubation ethically wrong but that the cardiologist put himself in legal jeopardy by his actions (especially if there had been a written refusal applicable to the specific situation). In the example we use, we point out that the cardiologist may not have escaped a lawsuit if the patient had died without intubation. His family, when hearing the circumstances, may have sued for failure to act and dereliction of the cardiologist’s duty to save him. Beyond a potential legal challenge for either action or inaction, there is an overriding ethical question the cardiologist had to address: what course would be most satisfying to his conscience? Would he rather allow a patient to die for fear of recrimination, or act to save his life, regardless of the personal consequences? In the absence of real knowledge about the patient’s considered wishes, it is most reasonable to err on the side of promoting patient well-being. A physician’s commitment to beneficence is not necessarily a way of undermining a patient’s autonomy. In acting for the patient's good, physicians are also acting on what it is reasonable to believe a patient (or most patients, perhaps) would want, which is obviously connected to what a patient does want. Pellegrino and Thomasma argue that beneficence includes respect for a patient’s autonomy since “the best interests of the patient are intimately linked with their preferences.”[17] Instead of conceptualizing ethical dilemmas in medicine as conflicts between autonomy and beneficence, it is possible that medical schools could teach students that truly practicing beneficence is a way of valuing patient autonomy, especially when the patient’s wishes are not specific to the situation and are not clearly expressed. CONCLUSION It is important for students and practicing physicians to understand the principle of respect for patient autonomy in a pluralistic society that demands personal self-determination. However, the role of the physician as a beneficent healer should not be diminished by this respect for autonomy. Respecting a patient’s autonomy is grounded in and manifested by physician beneficence.[18] That is, seeking what is good for the patient can only be good if it respects their personhood and dignity. We propose that a commitment to beneficence, incipient in young medical students, should be developed over time with their other clinical reasoning skills. Such a commitment need not be sacrificed on the altar of patient autonomy. Beneficence needs greater relative moral weight with students as they proceed in their ethics education. - [1] S. Jauhar, “When Doctors Need to Lie,” New York Times, February 22, 2014, https://www.nytimes.com/2014/02/23/opinion/sunday/when-doctors-need-to-lie.html. [2] T. L. Beauchamp and James F. Childress, Principles of Biomedical Ethics, 8th ed. (New York, NY: Oxford University Press, 2019). [3] Louise A. Mitchell, “Major Changes in Principles of Biomedical Ethics,” The National Catholic Bioethics Quarterly 14, no. 3 (2014): 459–75, https://doi.org/10.5840/ncbq20141438. [4] Tom L. Beauchamp and James F. Childress, Principles of Biomedical Ethics, 8th ed. (New York, NY: Oxford University Press, 2019), 238. [5] Beauchamp and Childress, 103. [6] Beauchamp and Childress, p. 108. [7] For other accounts that prioritize autonomy, see e.g. Allen E. Buchanan and Dan W. Brock, Deciding for Others: The Ethics of Surrogate Decision Making (Cambridge University Press, 1989), 38–39; R Gillon, “Ethics Needs Principles—Four Can Encompass the Rest—and Respect for Autonomy Should Be ‘First among Equals,’” Journal of Medical Ethics 29, no. 5 (October 2003): 307–12, https://doi.org/10.1136/jme.29.5.307. For examples of critiques of these accounts, see footnote 9. [8] P. R. Wolpe, “The Triumph of Autonomy in American Bioethics: A Sociological View,” in Bioethics and Society: Constructing the Ethical Enterprise, p. 43. [9] V. A. Entwistle et al., “Supporting Patient Autonomy: The Importance of Clinician-Patient Relationships,” Journal of General Internal Medicine 25, no. 7 (July 2010): 741–45; C. Foster, Choosing Life, Choosing Death: The Tyranny of Autonomy in Medical Ethics and Law, 1st ed. (Oxford ; Hart Publishing, 2009); O. O’Neill, Autonomy and Trust in Bioethics, The Gifford Lectures, University of Edinburgh 2001 (Cambridge, UK: Cambridge University Press, 2002). [10] P. Marshall and B. Koenig, “Accounting for Culture in a Globalized Bioethics,” The Journal of Law, Medicine & Ethics: A Journal of the American Society of Law, Medicine & Ethics 32, no. 2 (2004): 252–66; R. Fan, “Self-Determination vs. Family-Determination: Two Incommensurable Principles of Autonomy,” Bioethics 11, no. 3–4 (1997): 309–22. [11] Arguments stressing the importance of beneficence, as ours does here, certainly approach paternalistic arguments. We set aside the complex issue of paternalism for purposes of this paper and simply note that the principle of beneficence as such does not say anything specifically about acting against the patient’s will. In the case study that focuses this paper, we do not believe the patient’s will or wishes were clearly indicated. [12] Beauchamp and Childress, Principles of Biomedical Ethics, p. 20, see note 2 above. [13] H. S. Richardson, “Specifying, Balancing, and Interpreting Bioethical Principles,” The Journal of Medicine and Philosophy: A Forum for Bioethics and Philosophy of Medicine 25, no. 3 (January 1, 2000): 285–307, p. 287. [14] H. D. Braude, Intuition in Medicine a Philosophical Defense of Clinical Reasoning (Chicago ; University of Chicago Press, 2012). [15] R. Kukla, “Conscientious Autonomy: Displacing Decisions in Health Care,” The Hastings Center Report 35, no. 2 (2005): 34–44. [16] M. Schermer, The Different Faces of Autonomy: Patient Autonomy in Ethical Theory and Hospital Practice, vol. 13, Library of Ethics and Applied Philosophy (Dordrecht: Springer Netherlands, 2002). [17] E. D. Pellegrino and D. C. Thomasma, For the Patient’s Good - the Restoration of Beneficence in Health Care (New York, NY: Oxford University Press, 1988), p. 29. [18] Pellegrino and Thomasma, For the Patient’s Good. 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It can seem obvious that we live in a world governed by laws of nature, yet it was not until the seventeenth century that the concept of a law came to the fore. Ever since, it has been attended by controversy: what does it mean to say that Boyle's law governs the expansion of a gas, or that the planets obey the law of gravity? Laws are rules that permit calculations and predictions. What does the universe have to be like, (...) if it is to play by them? This book sorts the most prominent answers into three families. Laws first arose in a theological context; they govern events only because God enforces them. Those wishing to reverse the order of explanation, and argue that the powers of objects fix the laws, struggled to claim for themselves the results of new science. The stand-off between these two families bred a third which rejects any kind of enforcer for the laws. On this view, laws summarize events; they do not govern anything. This book traces the fortunes of the three families, from their origins to the present day. It uses objections - and the revisions needed to answer them - to produce the best representative of each. Along the way, it tries to settle the rules of this game, the debate over laws of nature. What should we expect from an account of laws? The book aims to help readers develop their own desiderata and judge the merits of the competing positions. (shrink)

In this work I reconstruct the physical and mental descriptions of perception in Aristotle. I propose to consider the thesis that αἴσθησις is a μεσότης (DA II 11) as a description of the physiological aspect of perception, meaning that perceiving is a physical act by which the sensory apparatus homeostatically counterbalances, and thence measures, the incoming affection produced by external perceptible objects. The proposal is based on a revision of the semantics of the word mesotês in Plato, Aristotle and later (...) Greek mathematicians (mostly Nicomachus of Gerasa). I show how this interpretation fits the text, and how it solves problems that afflict the rival interpretations. I further develop a ‘non-dephysiologizing’ spiritualist reading of the additional description of perception as reception of forms without the matter (DA II 12). I show that Aristotle uses the expression ‘forms without matter’ to describe actually abstracted items in one’s mind rather than the way in which the form are received. In opposition to forms-in-matter, such items are causally powerless and metaphysically sterile: an F-without-matter somewhat determines the subject it is in (one’s mind content F) without qualifying or identifying it as an F-subject. Thus, we have a second ‘mental’ description of perception. Further parts of the thesis are devoted to settle interpretive questions raised by controversial statements about perception found in De Anima II 5 and III 2, and to discuss the question of how the mental and physiological descriptions of perception Aristotle offers are related. My conclusion is that Aristotle’s views combines a form of quasi-dualist vitalism about powers (the faculty of perception, and more generally the soul, are not just irreducible to matter, but also primitive and non-supervenient) which is nonetheless compatible with hylomorphism, and a form of epiphenomenalism (and thence the ‘bottom-up’ determination typical of modern supervenience) with regard to perceptual events (i.e., the activity of perceiving). (shrink)

The conscientious are morally conflicted when their moral dilemmas or incommensurabilities, real or apparent, have not been resolved. But such doublemindedness need not lead to ethical disintegration or moral insensitivity. For one may develop the moral virtue of doublemindedness, the settled power to deliberate and act well while morally conflicted. Such action will be accompanied by both moral loss (perhaps ‘dirty hands’) and ethical gain (salubrious agental stability). In explaining the virtue's moral psychology I show, among other things, its (...) consistency with wholeheartedness and the unity of the virtues. To broaden its claim to recognition, I show the virtue's consistency with diverse models of practical reason. In conclusion, Michael Walzer's interpretation of Hamlet's attitude toward Gertrude exemplifies this virtue in a fragmentary but nonetheless praiseworthy form. (shrink)

Berkeley writes in his ThreeDialogues Between Hylas and Philonous that he “acknowledge[s] a twofold state of things, the one ectypal or natural, the other archetypal and eternal[.] The former was created in time; the latter existed from everlasting in the mind of God”. On a straightforward reading of this passage, it looks as though Berkeley is an indirect perception theorist, who thinks that our sensory ideas are copies or resemblances of archetypal divine ideas. But this is problematic because Berkeley’s rejection (...) of scepticism seems partly to rest on a rejection of indirect perception. In this paper, I consider, and reject, three different approaches to solving this problem: that Berkeley’s remarks on archetypes are unrepresentative; that Berkeley is indeed committed to divine archetypal ideas ; and that Berkeley thinks divine archetypal ideas are identical to human ideas. I finally settle on a fourth strategy, which involves reading Berkeley’s archetypes as divine powers to produce ideas. I claim that this reading is consistent with the texts, that it has an etymological basis and philosophical precedent, and that it resolves the problems associated with the other three approaches to archetypes. (shrink)

Should significant enhancement of human capacities using genetic technologies become possible, each generation will have an unprecedented power over the next. I argue that it is implausible to leave decisions about the genetic traits of children entirely up to individuals and that communities will sometimes be justified in intervening to protect the interests of children against their parents. While a number of influential authors have suggested that the primary interest that the community should aim to protect is the child’s (...) right to “an open future”, when we examine closely what we desire for our children, it is clear that sometimes we have good reasons to try to restrict their opportunities to pursue dangerous, corrupting, or meaningless projects. Rather than maximise the openness of their future, then, we should strive to ensure that children have access to sufficient opportunities to make available a reasonable range of valuable life-choices. Importantly, both the assessment of what counts as a reasonable range and our judgements about which forms of life are valuable must inevitably make reference to substantive notions about the nature of human flourishing. A more appropriate formulation, then, of what should be protected by law and/or regulation, is the child’s right to a “decent future”, understood as a future which promises a reasonable range of opportunities to lead a life of human flourishing. I then proceed to highlight the challenge posed by the task of settling upon an idea of what counts as a decent future, for multicultural societies wherein ideas about the standards against which we should evaluate human flourishing are likely to be highly contested. (shrink)

This paper interprets and extends Maurice Merleau-Ponty’s unfinished ontology of flesh in order finally to settle accounts with the Cartesian legacy that has hungover Western metaphysics for the last three centuries. The essay does this by advancing Merleau-Ponty’s discussion of two closely intertwined topics—the relationship of consciousness and Nature and the meaningfulness of Nature itself. Among other things, the essay seeks to explain the emergence of consciousness from Nature and defends a view of consciousness as the mobilization of the (...) powers of corporeity—including intercorporeity—to investigate, articulate, and creatively adumbrate Nature and Being as such. It does so by responding to natural resonances and rhythms, through intensities of feeling andthe perception of possibilities. (shrink)

Today there is a great deal of discussion about human rights. We speak of them in reference to totalitarian regimes but also in reference to Western democracies, which is a sign, it seems, of a reconsideration of the legitimacy of the power of the State and the conception of law on which this legitimacy rests. However, we had thought this question had been settled for a long time, at least in democratic countries: a legitimate government is one elected by (...) the people, whose sovereign will it expresses through elected representatives, retained or replaced periodically, who make the laws. In other words, the people are sovereign, and the exercise of this sovereignty is governed by a constitution, according to laws that permit the legitimacy of the State (Rechtsstaat) to be expressed concretely. The doubts that arise concerning human rights in many areas of the world would thus be signs of either a rupture between the sovereign people and the executive or legislative power, to which the people delegate the care of their interests and will, or of a resignation of the popular will, reduced to the condition of a sort of do-nothing king, doubting his own legitimacy and handing his power over to his clerks. In both cases, there is a crisis of confidence and perhaps more: a fundamental skepticism toward the very notion of legitimacy as it is usually presented, that is, as the expression of the will of the people: a capricious will, sometimes docile and sometimes rebellious, of an amorphous sovereign (rex otiosus) that it is difficult to identify in the features of its representatives, (congress, parliament or national assembly) or in the form of a ballot. In any case, the citizen, holder of a small particle of popular sovereignty, feels alienated from the State and its institutions, contrary to what we find in texts before the 18th century, when institutions were surrounded by an apparent, if not always sincere, respect and when the social hierarchy was accepted as a matter of fact. (shrink)

Feet play a crucial role in migration, and experiences of death and hopes for new life are etched into migrants’ soles. In the face of complex and fraught ethical debates that have largely been deontological and teleological in tone, this article employs feet and footwashing as heuristic devices to suggest the need for receiving communities to develop a multi-textured virtue-based response alongside these. Cultivation of a habitus rooted in attention to bodies, service, power subversion, mutuality and confession could lead (...) to new life both for those in migration and those long settled. (shrink)

Na obra Politische Theologie, Carl Schmitt proclama duas teses centrais no seu pensamento político: 1) Soberano é quem decide sobre o estado de excepção e 2) Todos os conceitos políticos significativos são conceitos teológicos secularizados. Apesar de não estarem relacionadas imediatamente, tem de haver uma conexão entre as duas teses. É o estabelecimento desta conexão que constitui o propósito deste artigo. Na primeira tese, Schmitt defende, contra o normativismo, que o direito não pode ser considerado autonomamente, mas deve sempre remeter (...) para um poder político juridicamente ilimitado. O autor do artigo defende que a segunda tese apresenta a justificação racional do poder político ilimitado: este é considerado por Schmitt como a mediação política e institucional da teologia, a qual, sem a mediação política, resultará em fanatismo, irracionalidade, ódio e guerra total /// In the work Politische Theologie, Carl Schmitt proclaims two main theses of his political thought: 1) Souverän ist, wer über den Ausnahmezustand entscheidet and 2) Alle prägnanten Begriffe der modernen Staatslehre sind säkularisierte theologische Begriffe. Although the two theses are not immediately related, a connection must be established between them. To settle such a connection is the aim of the present article. In the first of his thesis, Schmitt sustains against normativism that Law cannot be considered only by itself, but must always refer to a juridically unlimited political power. The author of the article argues that the second thesis presents the rational justification of unlimited political power: this political power is considered by Schmitt as the political and institutional mediation of theology, which, without political mediation, will end in fanaticism, irrationality, hatred and total war. (shrink)

In the aftermath of World War II, U.S. policy toward the Asian colonies of the European powers followed a simple rule: where the nationalists in a territory were leftist (as in Vietnam), Washington would support the re imposition of European colonial rule, while in those places where the nationalist movement was safely non leftist (India, for example), Washington would support their independence as a way to remove them from the exclusive jurisdiction of a rival power. At first, Indonesian nationalists (...) were not deemed sufficiently pliable, so U.S. armed British troops (assisted by Japanese soldiers) went into action against the Indonesians to pave the way for the return of Dutch troops, also armed by the United States. In 1948, however, moderate Indonesian nationalists under Sukarno crushed a left wing coup attempt, and Washington then decided that the Dutch should be encouraged to settle with Sukarno, accepting Indonesian independence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 11.1 (2004) 55-64 [Access article in PDF] Delusions and Discourse:Moving beyond the Constraints of the Modernist Paradigm David J. Harper This special issue provides a good opportunity to reflect on the range of views about delusions,1 and it is good to see all the authors taking the issue of how to approach this topic seriously. Here I wish to argue that the traditional psychiatric view (...) of delusions is problematic. In the first half of this article I will group my comments on the issues raised by the papers by Klee and Bayne and Pacherie together as I think that, for their differences, they share modernist philosophical assumptions. I will argue that the modernist paradigm runs into considerable problems in considering beliefs felt by some to be unusual and I will go on to argue that we need to move beyond this paradigm and embrace different approaches, of which the work by Georgaca is an exemplar. The Trouble with (traditional Views of) Delusions The traditional psychiatric view of delusion has come under increasing attack over recent years. As Georgaca has noted, a number of problems with the assumptions in definitions of delusion can be identified when they are viewed from a social constructionist perspective (Georgaca 2000, 2004; Harper 1992, 1996; Heise 1988). For convenience I will group these under four main headings. They Are Based on a Naively Realist View of the World The criterion of inaccuracy or falsity implies that deciding on the veracity of a belief is a relatively unproblematic matter. However, the reality of claims does not always seem so important in judgments about whether a belief is delusional or not. For example, there is little evidence that mental health professionals systematically investigate the basis for people's beliefs; rather, they decide whether a belief is plausible. Thus Maher has argued that the assessment of the plausibility of beliefs is "typically made by a clinician on the basis of "common sense," and not on the basis of a systematic evaluation of empirical data" (1992, 261). He notes that it is not "customary to present counterevidence to the patient; it is not even common to present vigorous counterargument" (1992, 261) and there appears to be some empirical evidence of this (McCabe et al. 2002). Here then, we begin to see [End Page 55] how psychiatry, while claiming to have the power to judge the truth of beliefs on the basis of its status as an empirical scientific discipline, can be seen to make judgments on the basis of common sense and taken-for-granted social and cultural assumptions.Some commentators have suggested that delusions should be identified less by whether they seem to accord with reality but more by whether a person gives evidence for their belief (Gillett 1995; Spitzer 1990). However, this seems to be based on an idealized view of how people manage their beliefs in everyday life. For example, I would question how many of us have evidence for many of the beliefs (e.g., political, ethical, religious, etc.) we hold dear; indeed it would be hard to think of what evidence we could have for some of them (e.g., religious and ethical beliefs). Some recent work has suggested that the diagnosis of delusion is made on the basis of how people with delusions talk and interact; for example, some have argued that they do not appear to appreciate the hearer's point of view (Palmer 2000). However, here and in previous work, Georgaca (2000, 2004) has shown that people with delusions are able to talk about and negotiate disagreements about their beliefs and that many disputes of fact cannot be settled in conversation. People Said to Have Delusions Are Seen to Vary in the Conviction With Which Those Beliefs Are Held There is evidence that people considered to be deluded vary in the conviction with which they hold beliefs (Garety 1985) and can also be persuaded to modify their beliefs if this is conducted in a sensitive and collaborative manner (e.g., Chadwick, Birchwood, and Trower 1996). This... (shrink)

The overriding concern of theRepublicis the relation between morally right action and happiness. To settle the matter Plato says he must first discover the formula for politically just action for individuals, and that it will be easier to do this if we first take justice to be a virtue of a city as a whole. He develops a model of an ideal city, hardly mentioning justice and the other cardinal virtues, and then looks to that model to individuate them.Here (...) I shall first discuss the defense of his portrait of an ideal city. Second, the logic of virtueis considered, in two steps. It is argued that judgments of virtue are to be split into those of functionand power.Then there is a brief consideration of each half. Third, the implications of this for understanding and threefold classification of goods are drawn. Finally, there is a discussion of the formula for each of the cardinal virtues of a city. (shrink)

This piece, included in the drift special issue of continent. , was created as one step in a thread of inquiry. While each of the contributions to drift stand on their own, the project was an attempt to follow a line of theoretical inquiry as it passed through time and the postal service(s) from October 2012 until May 2013. This issue hosts two threads: between space & place and between intention & attention . The editors recommend that to experience the (...) drifiting thought that attention be paid to the contributions as they entered into conversation one after another. This particular piece is from the BETWEEN INTENTION & ATTENTION thread: Jeremy Fernando, Sitting in the Dock of the bay, watching... * R.H. Jackson, Reading Eyes * Gina Rae Foster, Nyctoleptic Nomadism: The Drift/Swerve of Knowing * Bronwyn Lay, Driftwood * Patricia Reed, Sentences on Drifitng * David Prater, drift: a way * * * * * Australia, Summer, 2012. …. essential humanity exists, and runs its course, within a system whose first principle is the preservation of balance. And arching over it all, is the logos of The Dreaming. How shall we state this when we fully understand it I do not know, but I should think we are more likely to ennoble it than not. Equilibrium ennobled is abidingness.” 1 On return to birthplace I write. Caught between jetlag and surprise, a relentless sun cracks my skin. Upright words fall under cockatoo roars. The attempt to settle, to be attentive, is shaken. Some kind of Dreaming surrounds and elements intrude without consent. Homeless at home. Exhausted, I fight sleep’s hard currents. Their victory would confuse the body clock, so the in-between wins. Half-there — half-awake — here in this place — I am driftwood. Driftwood: wood floating in or washed ashore by a body of water. A severed limb set adrift from the birthing body. Tossed from home it’s cast into processes of wind, water, sand, bacteria, decay and movement. Driftwood is orphaned members at the mercy and agency of weather, currents, submersion, and being thrown into dry world. Driftwood — singular plural. White man got no dreaming. Him go ‘nother way. White man, him go different Him got road belong himself. 2 photo: Bronwyn Lay The old man comes from the northern rivers. A while ago, he could no longer pay attention to wage slavery, so retreated north to be with dead redgum that lay abandoned in dry riverbeds. Derived from driftwood peoples tossed here by the sea, he followed the fragile river veins of his birth. He walked along water bodies and through country’s lungs. Some kind of displaced ancestral song compelled his leathered hands to pick up centuries old driftwood from flood plains. It emerged from under muddy creeks, was flung up by salt soaked coves, pushed underground by cracks in the claypan and lay embedded in mud and salinized soil. Smoothed and grooved in equal measure, the branches were marked by an organic alphabet that preceded him. As he held the wood, he touched decomposing circles that started with a blast and never ceased writing into abandoned flesh. When the ute was full the old man returned home having been away with the stuff that ‘growed him up’. His shed filled with red sawdust and the sound of tools at labour. His hands sculptured driftwood. History carved into itinerant skin. I sit opposite the old man. His body no longer holds the repetition of carpentry. He can no longer gift driftwood its detail. Outside redgum bits lie scattered around the fence line and beside the dam. He crouches over an unreliable computer researching the massacres of indigenous peoples that occurred along the same river veins that ‘growed him up’ long ago. Staring into the remnants of frontier resistance that he and I inherit, his eyes nurture fire. He discovers severed limbs and the slicing of tribes. In the ashes of sentences he sifts the lies that smoulder into our histories. In the 30’s the anthropologist Stanner said that due to certain factors — lack of change and isolation — the ideal and real come very close together in indigenous Dreaming. They are a people who were able to defeat history. 3 “If the Ideal and the Real drift too far away from one another (as they did at the end of the middle ages and seem increasingly to do this century) men face some difficult options. They have to change their way of life, or their philosophy, or both, or live unhappily somewhere in-between.” 4 Stanner says Indigenous Dreaming is blackfella thinking. 5 Dreamtime is not ethereal, not utopic, or otherworldly. It’s fused with the real and it’s not mine. I might never understand, but it’s the substance of my home. This here place ‘growed me up’. Is driftwood the unhappy in-between? Is it a radical itinerant written upon by currents? Where are we? The settler restless? photo: Alison Pouliot I return to the bush late one night, tired from high talk in city cafes, to find the old man at his computer. He’s either researching his white farming ancestors, or tracing unrecorded massacres of blackfellas. I laugh, “You know Dad, if you were indigenous you might go out by the dam and sing up your ancestors rather than try find them on a screen.” He peers over his glasses. His stare delivers an ancestral scold. He’s white man. Of course he archives. This is our way. One may see that, like all men, he is a metaphysician in being able to transcend himself. With the metaphysician goes a mood and spirit, which I can only call a mood or spirit of assent, neither despair nor resignation, optimism not pessimism, quietism nor indifference. The mood, and the outlook beneath it, make him hopelessly out of place in a world in which the renaissance has triumphed only to be perverted, and in which the products of secular humanism, rationalism and science challenge their own hopes, indeed their beginnings.” 6 The clinamen sometimes comes abstract — the rarefied swerve of possibility. But in the place we gather &mdash where this text has landed — in the heart of settler colony denial — the clinamen reminds of familiar violence and goes maximum. The earth’s swerve. Topography’s tip. Physics gone violent. Here, drift is initiated by the tear of flesh, scurvy voyages, frontier blood and the deracination from belonging. Here, war precedes drift. We all got tossed. Here. Pay attention. The country has its own gaze. ‘Lest we forget’. The seasonal turn on aborescent substances starts with a fall, an upwards rupture, a drop, a cut, a storm, a violence, a loss, forced migration, refugees, agricultural imperialism, settler wheat and poisoned rations. Pay attention to aftermath debris. Don’t drift too far from the real. History hasn’t settled into the water. It still tosses limbs back and forth. Surrounded by the backdrop of Dreaming country the old man archives and dreams. Both ways of settling into the real. But lest we forget, time, in this place, has no textual tick — tock. Our bodies know this, even though we persist with shipwreck illusions. It’s difficult being here. Here. Pay inattention. I walk through eucalyptus, over dried out clay pans and under kookaburras. It’s been two years in-between. This time country speaks strong underfoot. Forget books, forget texts, forget other lands and times, beginning and end. Be here. All falls raw. Leaves drop and refuse to compost. Bark untethers quick. Light denudes worlds. The heated horizon melts monoliths. It’s enough to make Cartesians shiver. Awake. Refuse the temptation to run. Have enough courage to drift into here. Love with a gum tree. Stand with her whole and dissolving. She moves light between our limbs, tossing them to wind. She — the original romance — is the dream that dares touch flesh and reaches over nightmares with elemental desire. I gaze and lose me. There’s no distance. The land that ‘growed me up’ speaks with symbiotic breath. There’s no division, no separation, no other. The gum is plastic arborescence. You be my body for me, always were. …..but I wake to driftwood histories and recall slaughters. Drifted, wicked fellow citizen — the other is someone else’s blind sleep. Betrayal maintains the other as mine. Archives reveal this place doesn’t belong to me. Body articulates that it became here. Gumtree cares not………her arms take me in anyway. “Like all men he is a philosopher in being able to use his power of abstract reason. His genius, his metier, and in some sense — his fate is that because of endowment and circumstance this power has channelled itself mainly into one activity, making sense out of social relations among men living together.” 7 The old man excavates seven generations of settler ancestors. They’re an ordinary lot with written-upon skin. He records genocides that occurred alongside his peoples fertility. Bodies rise from riverbeds like sovereign sacrifices. It hurts. It disrupts. He labours at the past with gestures that might go unnoticed in a country suffocated by rich amnesia. Inside walls, he seems attentive to historical details. Outside he seems inattentive to time, lost to us and embedded in a family of active matter — the bush. His driftwood skin appears around my eyes - grooves of experience, the rush of cruel sun, the push of blind winds, and the love of everything. The sovereign’s reluctant children are thrown here by, with and through blood, but country gets in and sculpts us here. photo: Chris Corrigan “But his abstractions do not put him at war with himself.” 8 The kangaroo family appears at dusk. When the sun is soft I follow the old man into the back paddock. Children skip behind us. In-between generations, I step into the old man’s driftwood leanings. My feet find traces of his understanding – the archivist that reads trees. Here, on home dirt, inattention and attention collapse as we wander into where we are. The roo family gaze at us. Through the grass the old man’s wooden finger articulates kin’s details. He points to the head male, the mother holding a joey in pouch and the young warriors side by side. My children, quieter than ever, meet the laser - eyed silence of another family. In half-light Dad, me, and the kids mirror the kangaroo constellation and stand gentle together. At the bushblock’s limit we encounter ancestral desires. White peoples are subject to driftwood histories. We’re severed limbs attempting to fuse here now, with what was, only to discover our skin becomes racked and embedded with the weather. Into the shelter and fissures of this difficult and ambiguous inheritance, I fall into dream light until balance saturates. Light breaks when the kangaroos move. They bounce someplace else without effort or impact. We turn and tread through the dark towards home. It’s time to sleep. Driftwood skin covers the country. Dreaming is still. photo: Bronwyn Lay NOTES W.E.H. Stanner, The Dreaming and Other Essays , (Melbourne: Black Inc. Agenda, 2009), 72. Ibid., 56. Stanner is recalling one intelligent old man who said to him, “with a cadence almost as though he had been speaking in verse.” Ibid., 60. Ibid., 69. Ibid., 58. Ibid., 67. Ibid., 68. Ibid., 59.  . 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What moral claims do undocumented immigrants have to membership? Joseph Carens has argued that illegal migrants with long-term residence have a claim to national membership because they already are de facto members of local communities. This article builds on the linkage between illegality, residence, and rights, but shifts the focus from the migrant to the state, and from membership-based arguments to the rule of law. I argue that the rule of law, as expressed in the principle of legal certainty, provides (...) an alternative justification for the regularization of resident undocumented migrants. The principle of legal certainty recognizes the right of individuals to make long-term plans for their lives by requiring that state action be reasonably predictable and nonarbitrary. Thus, as an expression of legal certainty, both civil and criminal codes have statutes of limitation that place a time limit beyond which most crimes and misdemeanors can no longer be prosecuted, and individuals can move on with their lives. Not only do these statutes recognize the individual’s right to be free from arbitrary state control, they also demand that the state cut its losses and accept the consequences of its failure to act in a timely manner. I contend that, in the absence of a statute of limitation on illegal entry, the deportation of settled migrants constitutes an arbitrary act of state power. The article explores a number of judicial rulings to illustrate the argument’s normative logic. (shrink)

Modern contract law is characterized by a certain kind of unity and multiplicity. On the one hand, it establishes fundamental principles that apply to all contracts in general. But at the same time, it specifies further principles and rules for particular kinds of contracts or transaction-types that mark out their distinctive features, incidents and effects. Clearly, a viable theory of contract law should be able to provide a suitable account of both aspects. The central critical contention of The Choice Theory (...) of Contracts is that all prior approaches, in particular rights-based theories, have failed to do so. Indeed, Dagan and Heller argue that only a theory that explains the settled rules of contract law as teleologically oriented toward facilitating individuals’ pursuit of their different substantive goods, and thus as primarily power-conferring in this particularly robust sense, can provide the needed account. Such a theory, they believe, would be not only interpretatively accurate with respect to the actual law but also fully acceptable as a liberal view of contract. This Article challenges the core contentions of choice theory, suggesting why it may be unable to meet its own goal of explaining how contract law coherently specifies and integrates the general and specific dimensions of enforceable agreements. The Article looks into basic contract doctrines in order to specify a general conception of the contractual relation that can meet this desideratum and it sketches how, beginning with that conception, contract law unfolds a rich multiplicity of transaction-types. The resulting view is liberal but rights-based rather than teleological, and it proposes an alternative understanding of how the rules of contract law are power-conferring as well as duty-imposing. (shrink)

Investor-state-dispute-settlement is an arbitration mechanism to settle disputes between foreign investors and host-states. Seemingly a technical issue in private international law, ISDS procedures have recently become a matter of public concern and the target of political resistance, due to the power they grant to foreign investors in matters of public policies in the countries they invest in. This article examines the practice of ISDS through the lenses of liberal-statist theories of international justice, which value self-determination. It argues that (...) the investor-state arbitration system illustrates how liberal-statist theories of international distributive justice ought to care about relative socioeconomic disadvantage, contra the sufficiency principle that they typically defend. The sufficiency principle draws on a questionable conception of the freedom that self-determination consists in. (shrink)

England, known as “the empire without sun settling down” and being among the final winners of the World War I (1914-1918), had one of the heaviest defeats of its history against the Ottoman Empire in the Kut al-Amara, which happened on 29 April 1916 close to Baghdad. Following the defeat of Kut al-Amara, which was the most important war trauma for England during the World War I, the Turks and Germans, as winner side of the battle were evaluated by British (...) prisoners from military, political, cultural and socio-psychological aspects in their memories. Content analysis method is used in the article for qualitative evalution of the data related to the Turkish and German image reflected in the memories of British prisoners after the siege of Kut al-Amara. The alliance between Turks and Germans is regarded as contrast in terms of important elements as national and ethnic identity, language, religion and culture in the main sources of the research as My Compain by Charles Townshend, Besieged in Kut and After by Barber, A Kut Prisoner by Bishop, In Kut and Captivity with the Sixth Indian Division by Sandes, The Secrets of a Kuttite by Mousley which occationally use exaggerated language and the subjective information due to the impact of traumatic defeat.Summary: Being a heroic epic in the war history of Turkey, Kūt al-‘Amāra has been the subject of very fewer researches until recently, despite its importance in Turkey’s history. This argument is supported by the fact that the memoirs by Ottoman soldiers related to the WWI, which also encompass information about Kūt al-‘Amāra, were published half a century after the war at the earliest. Unlike the records of Turkish soldiers participating in Kūt al-‘Amāra, the memoirs and the war diaries of British soldiers were published shortly after the war, as early as possible, between the years of 1918-1921. The authors of these memoirs and war diaries informed the public on the reasons for the defeat of Kūt al-‘Amāra on the one hand, and on the other hand created the Ottoman and Turkish image which was concidered differently in the British society in terms of culture and civilization. They also strengthened this image over that of German’s, with whom they shared many common values despite the fact that they represented the opposite fronts of the war.It is worthy mentioning that the role of the Ottoman army in the victory of Kūt al-‘Amāra was highly underestimated by the memoirs of the British prisoners. According to the authors, it is not the Turkish army that has achieved real victories over the British, but Germany’s support, notably General von der Goltz, the great strategist of Europe. The effects of bad weather conditions and geographical situation are also emphasized among the reasons of the defeat of Kūt al-‘Amāra. Consequently, the success of the Turkish army in the victory of Kūt al-‘Amāra was ignored, except for the role of Halil Pasha. The image of an army that knows the trench and defence techniques well, but fails to attack is one of the prominent evaluations in the memoirs related to the Turkish military characteristics.The British prisoners of war, who evaluate the Turkish and German image through the economic and political situation, draw a very desperate picture of the situation of the Turks in the mentioned areas. According to this image, corruption and bribery prevails at every stage of the Turkish government. The Turks are unable to repay their dept to Germany, which dominates the economy of the country completely. According to these records, besides ordinary people, the army is also facing great difficulties in meeting basic requirements. To convert the Ottoman Empire into their own property and keep the Turks under their control in military, economic and political spheres, the Germans lend a high amount of money.On the basis of Turkish soldiers encountered in Kūt al-‘Amāra, the British prisoners characterizes the Turks as physically large, hard and strong-bodied people. The authors also note that the Turks are not as cold-blooded, calm and obedient as they seem at first sight, rather they become rude people when they get angry. Another feature that British prisoners evaluate as a potential of the Turks, is their childish spirit. In as much as they are happy with small things and can be offended by small things. According to the memoirs, the Germans should not be allowed to benefit from these characteristics of the Turks, but the British should take the advantage of their potential power.The moral characteristics of the Turks and the Germans are among the most emphasized subjects. Written in exceptional time such as war, sometimes the diaries include exaggerated and sentimental phrases related to the moral attitudes enemy soldiers exhibited during siege, as well as captivity. Turks are regarded as negligent and careless rather than cruel or ruthless. They owe these characteristics to their Eastern identity, which is different from the Europeans having virtues such as task responsibility and diligence. The moral characteristic of the Turks regarding the duty, responsibility and kindness is evaluated comparatively with the civilized and humanistic behaviors of the Germans towards the prisoners. Being Europeans, the Germans often come to the fore because of their more polite treatment towards the British prisoners. Although the Germans as an enemy fought against the British on the front, they were kind to them in the Ottoman territories as the only civilized people among the barbarian peoples of the East.The Turks and the Germans are compared in the field of education, as well as other areas of development. The authors emphasize that the education level of the Turks is very low; Armenian and Greek subjects of the Empire are its brain and financial resources, which is the reason why the Turks are anxious about them. The Germans have the superiority in both transportation and communication technology in the Ottoman territories. One of the reasons they had a huge investment on the Ottoman territories is the Berlin-Istanbul-Baghdad-Basra railway. The British prisoners give details on the German communication technology they encountered during both the battle and the captivity days in Anatolia. In addition to the transport and communication technology, they also record much German-made military equipment, from weapons to maps.Evaluating the Turks and the Germans as opposites, the British prisoners draw an image for the latter, with whom they share a common cultural legacy, as a fully equipped enemy in terms of technology and strategy on the front, and the civilized Europeans characterized with their virtue in non-war situations. On the contrary, the Turks are described as a strong defender and daredevil soldiers on the front line, but strategically weak on the front. In terms of duties and responsibilities, the Turkish soldiers are presented with negligent and irresponsible approach towards their prisoners. The images of the Turks and the Germans, which are compared by the British prisoners, are often based on their Eastern and Western identity. The Turks symbolize the East with economic, political and cultural backwardness, yet quite the contrary, the Germans symbolize the West in terms of development, modernity and civilization. The British prisoners sometimes used exaggerated expressions in their approaches regarding both sides, as well as different details in terms of information and interpretation about the same event, due to the trauma of defeat. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Learning Through ServingDanny ReedI am a male CNA currently registered in Wisconsin since 1991, having worked as such since 1980 when I left high school. I have worked with ten different employers and many precious people I remember very well.I remember virtually everyone I have cared for in my over 30 years of work and yet there is not one person, place or moment that characterizes them all except (...) perhaps, May. She died within 24-hours of admission and we never spoke, except with the eyes. May had end-stage nerve and muscle wasting disease that left her mind intact but her body immobile and in pain. Her boyfriend brought her in after taking care of her at home, but he was wasted on some kind of drug, maybe her pain medication, feeling he needed it more than her. We ordered morphine and got her settled and she finally relaxed. She was gone by morning.May reminded me of Mary, another woman with a similar disease. Mary's husband Harold came to visit drunk. She could just point to a letter board similar to an Ouija board and spell out words and phrases with her right hand and then use her eyes to indicate if we were correct. Mary was a refined woman but very patient with me because I was an 18-year-old boy trying to be a man, sensitive but having a lot to learn. Mary taught me how to communicate without words—just using the eyes.These women are the core of understanding the meaning of what I have done for 30 years. Whether imprisoned by hearing loss, loss of sight or mobility, failing bodies and minds or simply being alone—the challenge was the same, to know when to reach into another's soul and touch them, to stay out of the way, and have the good sense to know the difference. Can I honestly say I fell in love with the woman that quietly said, "I'm tired of being old?" These were largely rhetorical questions without an answer.The men and women of this generation were far superior to me. I could only stand by and watch them die. Oh, I did the necessary things like I was paid to do, trained to do, but they were the ones patiently trying to teach me. I will spend the rest of my life trying to decipher their encrypted message because I am trapped here, too. Imprisoned by the ignorance of believing I understand what my eyes have seen, what I have heard, and experienced. That it can all be regulated and catalogued in journals of medicine.Is it not ironic that primary caregivers struggle to stay alive while money movers make millions, even billions tax free, moving money from here to there and acquiring the power and influence to change the world, but will not lift a finger unless they can make more money doing it? Ironic because I have taken care of them in their final hours and they would give me it all had I the power to give them more life. Yes, I have turned down a fortune because in their grief they wanted to pay me money for an hour of genuine kindness that in reality they could not afford. If you must ask how much it is worth you cannot afford it. Sincere kindness is priceless so I don't charge for it.It is not my intent to humiliate the achievements and status of professionals and others fallen upon hard times due to aging and disease because no one deserves these indignities. Indeed, I delight in restoring dignity to every human in need of it regardless of cause. I do not wish such suffering upon my worst enemy. Bill wanted one more hour. The cancer was sudden, painful, and terminal. Being sidetracked into a cozy hospice in the country is hardly comforting when given less than six months to live just when retirement promised the rewards earned from a life of hard work and sacrifice. Bill had spirituality and strong beliefs but it seemed to make matters worse because he cried every day begging God... (shrink)