When solving problems, like making predictions or choices, people often “sample” possibilities into mind. Here, we consider whether there is structure to the kinds of thoughts people sample by default—that is, without an explicit goal. Across three experiments we found that what comes to mind by default are samples from a probability distribution that combines what people think is likely and what they think is good. Experiment 1 found that the first quantities that come to mind for everyday behaviors and (...) events are quantities that combine what is average and ideal. Experiment 2 found, in a manipulated context, that the distribution of numbers that come to mind resemble the mathematical product of the presented statistical distribution and a (softmax-transformed) prescriptive distribution. Experiment 3 replicated these findings in a visual domain. These results provide insight into the process generating people’s conscious thoughts and invite new questions about the value of thinking about things that are both likely and good. (shrink)

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

Lloyd analyzes every proposed evolutionary explanation of female orgasm and argues that all but one suffers from serious evidential errors. Lloyd attributes these errors to two main biases: androcentrism and adaptationism. This paper begins by arguing that the explanation Lloyd favors—the by-product account—is guilty of the androcentrism which supposedly implicates the other explanations of female orgasm with numerous evidential discrepancies. This suggests that there is another error afflicting orgasm research in addition to the biases Lloyd identities. I attempt to diagnose (...) and characterize this additional error. In short, I think the error is using an imprecise definition of the trait in question. Further, Lloyd takes her analysis to support Longino’s contextual empiricist model of scientific objectivity. I consider what implications this analysis has for contextual empiricism. Finally, I argue that theorizing about female orgasm should be done from a conceptual engineering approach. (shrink)

This paper argues for two conclusions: (1) evaluating the success of engineered concepts necessarily involves empirical work; and (2) the Carnapian Explication criterion precision ought to be a methodological standard in conceptual engineering. These two conclusions provide a new analysis of the race and gender debate between Sally Haslanger and Jennifer Saul. Specifically, the argument identifies the resources Haslanger needs to respond to Saul’s main objections. Lastly, I contrast the methodology advocated here with the so-called “method of cases” and draw (...) out some general implications for how we should think about concepts. (shrink)

The concept of medical necessity is often used to explain or justify certain decisions—for example, which treatments should be allowed under certain conditions—as though it had an obvious, agreed-upon meaning as well as an inherent normative force. In introducing this special issue of Clinical Ethics on medical necessity, we argue that the term, as used in various discourses, generally lacks a definition that is clear, non-circular, conceptually plausible, and fit for purpose. We propose that future work on this concept should (...) address three main questions: what medical necessity is (i.e., what makes something medically necessary, as opposed to something else); what the concept does (what ‘work’ is it doing when invoked in different settings); and what should follow, normatively, from the fact that something is indeed medically necessary (on some plausible conception). (shrink)

This article surveys recent feminist contributions to moral philosophy with an emphasis on those works which engage with debates within mainstream ethics. The article begins by examining a tension said to arise from the two criteria a theory must meet if it is to count as feminist moral theory: the women's experience requirement and the feminist conclusion requirement. Subsequent sections deal with feminist relational theories of rights, feminist work on responsibility and feminist contractarian approaches to ethics. A final section looks (...) at the application of some feminist moral theories to the problem of abortion. (shrink)

This paper argues for two conclusions: (1) evaluating the success of engineered concepts necessarily involves empirical work; and (2) the Carnapian Explication criterion precision ought to be a methodological standard in conceptual engineering. These two conclusions provide a new analysis of the race and gender debate between Sally Haslanger and Jennifer Saul. Specifically, the argument identifies the resources Haslanger needs to respond to Saul’s main objections. Lastly, I contrast the methodology advocated here with the so-called “method of cases” and draw (...) out some general implications for how we should think about concepts. (shrink)

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

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

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

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

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

Paternalism is widely viewed as presumptively justifiable for children but morally problematic for adults. The standard explanation for this distinction is that children lack capacities relevant to the justifiability of paternalism. I argue that this explanation is more difficult to defend than typically assumed. If paternalism is often justified when needed to keep children safe from the negative consequences of their poor choices, then when adults make choices leading to the same negative consequences, what makes paternalism less justified? It seems (...) true that ordinary adults have capacities enabling them to promote their interests in ways most children lack. This can explain why paternalism is more often justified towards children than adults. What is not explained, however, is why paternalism would be justifiable for children, but not adults, when neither possess the relevant interest-promoting capacities—exactly the cases when paternalism towards adults might be considered. I argue that this dilemma undercuts capacities-based explanations for the belief that childhood is distinctively relevant for the permissibility of paternalism. I then address defenses of both consequentialist and deontological versions of the capacities-based explanation. Absent this capacities-based explanation, I argue that the intuition that less demanding justificatory standards apply to paternalism when directed at children than when directed towards adults presents unresolved problems for egalitarians. (shrink)

The essays in this book clarify the technical, legal, ethical, and social aspects of the interaction between eHealth technologies and surveillance practices. The book starts out by presenting a theoretical framework on eHealth and surveillance, followed by an introduction to the various ideas on eHealth and surveillance explored in the subsequent chapters. Issues addressed in the chapters include privacy and data protection, social acceptance of eHealth, cost-effective and innovative healthcare, as well as the privacy aspects of employee wellness programs using (...) eHealth, the use of mobile health app data by insurance companies, advertising industry and law enforcement, and the ethics of Big Data use in healthcare. A closing chapter draws on the previous content to explore the notion that people are 'under observation', bringing together two hitherto unrelated streams of scholarship interested in observation: eHealth and surveillance studies. In short, the book represents a first essential step towards cross-fertilization and offers new insights into the legal, ethical and social significance of being 'under observation'. (shrink)

Abstract‘Serendipity’ is a category used to describe discoveries in science that occur at the intersection of chance and wisdom. In this paper, I argue for understanding serendipity in science as an emergent property of scientific discovery, describing an oblique relationship between the outcome of a discovery process and the intentions that drove it forward. The recognition of serendipity is correlated with an acknowledgment of the limits of expectations about potential sources of knowledge. I provide an analysis of serendipity in science (...) as a defense of this definition and its implications, drawing from theoretical and empirical research on experiences of serendipity as they occur in science and elsewhere. I focus on three interrelated features of serendipity in science. First, there are variations of serendipity. The process of serendipitous discovery can be complex. Second, a valuable outcome must be obtained before reflection upon the significance of the unexpected observation or event in respect to that outcome can take place. Therefore, serendipity is retrospectively categorized. Third, the primacy of epistemic expectations is elucidated. Finally, I place this analysis within discussions in philosophy of science regarding the impact of interpersonal competition upon the number and significance of scientific discoveries. Thus, the analysis of serendipity offered in this paper contributes to discussions about the social-epistemological aspects of scientific discovery and has normative implications for the structure of epistemically effective scientific communities. (shrink)

Déjà vu and involuntary autobiographical memories (IAMs) are differentiated by a number of factors including metacognition. In contrast to IAMs, déjà vu activates regions associated with self-awareness including the right dorsolateral prefrontal cortex.

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

‘Serendipity’ is a category used to describe discoveries in science that occur at the intersection of chance and wisdom. In this paper, I argue for understanding serendipity in science as an emergent property of scientific discovery, describing an oblique relationship between the outcome of a discovery process and the intentions that drove it forward. The recognition of serendipity is correlated with an acknowledgment of the limits of expectations about potential sources of knowledge. I provide an analysis of serendipity in science (...) as a defense of this definition and its implications, drawing from theoretical and empirical research on experiences of serendipity as they occur in science and elsewhere. I focus on three interrelated features of serendipity in science. First, there are variations of serendipity. The process of serendipitous discovery can be complex. Second, a valuable outcome must be obtained before reflection upon the significance of the unexpected observation or event in respect to that outcome can take place. Therefore, serendipity is retrospectively categorized. Third, the primacy of epistemic expectations is elucidated. Finally, I place this analysis within discussions in philosophy of science regarding the impact of interpersonal competition upon the number and significance of scientific discoveries. Thus, the analysis of serendipity offered in this paper contributes to discussions about the social-epistemological aspects of scientific discovery and has normative implications for the structure of epistemically effective scientific communities. (shrink)

We have followed with interest the commentaries arising from Moore and Donnellys1 argument that authorities in charge of research ethics committees should focus primarily on establishing code-consistent reviews.1 We broadly agree with Savulescu’s2 argument that ethics committees should become more expert, but in a different way and for a different reason. We have recently been working with the UK Health Research Authority analysing the outcomes of their ‘Shared Ethical Debate’ exercises.3 Each ShED exercise involves the circulation of a single research (...) project to a number of RECs. The resulting minutes from each REC are compared along with the final decisions made by each REC on the project under consideration. This process was originally an administrative exercise designed to promote greater consistency among the 60 or so ethics committees that were brought under the HRA ) umbrella within the UK National Health Service. Over 20 ShEDs have been run, and although the process has significant weaknesses and has not always been run consistently, the results of the exercises are fascinating. Broadly speaking, NHS RECs have been getting more consistent over time in terms of their decision-making, but the reasons for the final decisions as described in the committee minutes continue to vary widely. Qualitative research now needs to be done to understand why different committees can have such different discussions in relation to exactly the same research project and yet come to essentially the same conclusion. As part of our analysis of the ShED data, we looked at …. (shrink)

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

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

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

This review seeks to evaluate and navigate the theoretical terrain in which author Nathalie Etoke engages new modes of reflection on old problems of anti-black violence and erasure. Melancholia Africana: The Indispensable Overcoming of the Black Condition is a fairly short and accessible text devoted to rethinking paradigms of subjectivity in ways that animate our individual and collective responsibility. She offers theoretical but practical interventions invigorated by the indisputable vitality of Black arts, particularly music and literature. She deftly combines rigorous (...) philosophical examinations of the self and the other with a praxis-oriented invitation to reconsider the pathological hierarchy of social relations since the trans-Atlantic slave trade and how we might best upend them. Etoke’s refreshing take is one of possibility and potential. (shrink)

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

It has become typical to read Kant and Merleau-Ponty as offering competing approaches to perceptual experience. Kant is interpreted as an ‘intellectualist’ who regards perception as conceptual ‘all the way out’, while Merleau-Ponty is seen as Kant’s challenger, who argues that perception involves non-conceptual, embodied ‘coping’. In this paper, however, I argue that a closer examination of their views of perception, especially with respect to the notion of ‘schematism’, reveals a great deal of historical and philosophical continuity between them. By (...) analyzing Kant’s theory of schematism, the interpretation of it by the Neo-Kantian Pierre Lachièze-Rey, and Merleau-Ponty’s theory of the body schema, we find that aspects of Merleau-Ponty’s theory of perception are better understood as a development of Kant’s theory of perception. (shrink)

We analyse how memes construct networks of feminist critique and response, mobilising the derisive laughter that energises current feminisms. Using the 2012 case of the ‘Binders Full of Women’ meme, we argue that feminist memes create online spaces of consciousness raising and community building. The timeliness, humorous affect and media techné of meme propagators become significant infrastructures for feminist critique, what we term ‘doing feminism in the network’. If the Internet is particularly good at facilitating the diffusion of feminist jokes, (...) as others argue, we illustrate how the networking and distribution capacities of social media platforms such as Tumblr, Facebook and the online shopping site Amazon.com also cultivate new modes of feminist cultural critique and models of political agency for practising feminism through meme production and propagation. (shrink)

Drawing on research in posthumanism, science and technology studies and biosemiotics, this essay analyses the challenges epigenetic processes pose for our understanding of embodied subjectivity. It uses the work of Charles Sanders Peirce to argue that epigenetic processes are indexical in their patterned logic, that they are meaning-making processes and that, consequently, they can be conceived as a form of attention. To conceive of bodies as paying attention through epigenetic processes is to rupture the distinction between matter and meaning that (...) governs many philosophical categories. This in turn invites us to recalibrate our conception of the relationship between self, body and world. (shrink)

In the Critique of the Power of Judgment, Kant offers a theory of artistic expression in which he claims that a work of art is a medium through which an artist expresses an ‘aesthetic idea’. While Kant’s theory of aesthetic ideas often receives rather restrictive interpretations, according to which aesthetic ideas can either present only moral concepts, or only moral concepts and purely rational concepts, in this article I offer an ‘inclusive interpretation’ of aesthetic ideas, according to which they can (...) present not only moral and purely rational concepts but also empirical concepts and emotions related to our ordinary experience. Although this latter class of experience-oriented aesthetic ideas has been neglected, I argue that recognizing the role it plays in Kant’s account is crucial for understanding his views not only of artistic production and our experience of art but also of the value he takes art to have for our ordinary experience of the world, others, and our own selves. What is more, insofar as the inclusive interpretation brings to light Kant’s acknowledgement of the close connection between experience and art, it reveals that his overall view of art is more plausible than is often thought, and recommends it as worthy of further consideration. (shrink)

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

There are two main approaches to how statistical patterns are extracted from sequences: The transitional probability approach proposes that statistical learning occurs through the computation of probabilities between items in a sequence. The chunking approach, including models such as PARSER and TRACX, proposes that units are extracted as chunks. Importantly, the chunking approach suggests that the extraction of full units weakens the processing of subunits while the transitional probability approach suggests that both units and subunits should strengthen. Previous findings using (...) sequentially organized, auditory stimuli or spatially organized, visual stimuli support the chunking approach. However, one limitation of prior studies is that most assessed learning with the two-alternative forced-choice task. In contrast, this pre-registered experiment examined the two theoretical approaches in sequentially organized, visual stimuli using an online self-paced task—arguably providing a more sensitive index of learning as it occurs—and a secondary offline familiarity judgment task. During the self-paced task, abstract shapes were covertly organized into eight triplets (ABC) where one in every eight was altered (BCA) from the canonical structure in a way that disrupted the full unit while preserving a subunit (BC). Results from the offline familiarity judgment task revealed that the altered triplets were perceived as highly familiar, suggesting the learned representations were relatively flexible. More importantly, results from the online self-paced task demonstrated that processing for subunits, but not unit-initial stimuli, was impeded in the altered triplet. The pattern of results is in line with the chunking approach to statistical learning and, more specifically, the TRACX model. (shrink)

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

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

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

This essay interweaves the narratives of Josephine Baker and Nora Holt in an exploration of African American women’s performance lives in jazz-age Paris. Baker landed in Paris by way of Harlem and...

In ambiguous situations, infants have the tendency to gather information from a social interaction partner to regulate their behavior [social referencing ]. There are two main competing theories concerning SR’s function. According to social-cognitive information-seeking accounts, infants look at social interaction partners to gain information about the ambiguous situation. According to co-regulation accounts, infants look at social interaction partners to receive emotional support. This review provides an overview of the central developments in SR literature in the past years. We focus (...) on the role of situational aspects such as familiarity of SR partners and situational threat, not only for SR, but also for subsequent behavioral regulation. As the competing accounts make different predictions concerning both contextual factors, this approach may reveal novel insights into the function of SR. Findings showed that a higher familiarity of SR partners consistently resulted in decreased looking and that higher threat remains largely understudied, but seemed to increase looking in the first few studies. Concerning behavioral regulation findings are mixed. We point out that moving toward a more complex situatedness may help to disentangle the heterogeneous results by considering the interaction between familiarity and threat rather than investigating the factors in isolation. From a general perspective, this review underlines the importance of situational factors and their interaction in eliciting a phenomenon, such as SR, but also in determining the nature of the phenomenon itself. (shrink)

In the Critique of Pure Reason, Kant describes schematism as a (A141/B180–1). While most commentators treat this as Kant's metaphorical way of saying schematism is something too obscure to explain, I argue that we should follow up Kant's clue and treat schematism literally as Kunst. By letting our interpretation of schematism be guided by Kant's theoretically exact ways of using the term Kunst in the Critique of Judgment we gain valuable insight into the nature of schematism, as well as its (...) connection to Kant's concerns in the third Critique. (shrink)

The lack of importance traditionally ascribed to human-nonhuman animal relationships in the social sciences has meant that while commercial sex in the human realm has been well documented, very few socio-cultural studies of commercial sex involving nonhuman animals have been undertaken to date. However, the growing recognition that nonhuman, as well as human, animals are “actors” means that their role in the sex trade, becomes problematic and eminently worthy of academic attention. This article considers a very particular instance of commercial (...) animal sex—that practiced on stud farms in West Wales, where the breeding of autochthonous Welsh cobs is of immense political, social, economic, and cultural significance. This study found that in this context Welsh cobs are expected to embody specific gender ideals in what is an inherently inter-subjective relationship. Through their animals' performances, human caregivers are able to negotiate their own ideas about gender roles, and these in turn determine those individual animals used for breeding and those not. (shrink)

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

This article focuses on practical, ethical and political issues that arise in the context of cetacean conservation. Our point of departure is the controversy surrounding plans to assist J50, an ailing member of the southern resident orca population, during the summer of 2018. A brief history of cetacean captivity provides context for the current backlash against captivity. We then argue that, in many cases, interventions aimed at capture, rehabilitation and release are practically feasible and that such interventions are ethically justifiable. (...) Moreover, the political context highlights the importance of engaging a broad range of stakeholders in conservation decision making. (shrink)