Applying Fineman’s vulnerability theory, this paper will explore the role of emotions within the legal profession and the specific vulnerabilities that arise from their traditional and contemporary treatment within law. It will consider how the notion of professionalism in law has traditionally disregarded or excluded emotions as irrelevant or even dangerous in a manner which is philosophically and psychologically flawed as well as damaging to mental health and wellbeing. This approach has created longstanding unacknowledged vulnerabilities for the profession as a (...) whole and individual practitioners. It will then explore how the shifting legal services landscape, and the resultant evolution of the profession, has led to a growing contemporary interest in the use of emotional competencies (often characterised as ‘soft skills’ or ‘emotional intelligence’). These are now increasingly exploited as tools to enhance profitability. However, this leads to a dichotomy as, despite their increasing utilisation, emotions are still not fully acknowledged or incorporated within law’s core professional values. This generates further individual and institutional vulnerabilities around mental health and wellbeing which require urgent attention to ensure the health of the contemporary profession. The paper concludes with suggestions for reforms to alleviate these vulnerabilities and promote greater future resilience within law. (shrink)

Blackshaw and Hendricks have recently developed and defended the impairment argument against abortion, arguing that the immorality of giving a child fetal alcohol syndrome (FAS) provides us with reason to believe that abortion is immoral. In this paper, we forward two criticisms of the impairment argument. First, we highlight that, as it currently stands, the argument is very weak and accomplishes very little. Second, we argue that Blackshaw and Hendricks are fundamentally mistaken about what makes giving a child FAS immoral. (...) Once we acknowledge this, it is clear that our intuitions about giving a child FAS provide no support for the supposed immorality of abortion. (shrink)

Sujetos y subjetividad en la construcción metodológica / Hugo Zemelman / - El magma constitutivo de la historicidad / Emma León / - Trabajo y mundo de vida / Enrique de la Garza Toledo / - Subjetividades emergentes, psiquismo y proyecto colectivo / Lidia Fernández / - Hacia una sociedad del sujeto : democracia y sociedad civil / Carlos Guerra Rodríguez / - Medios de comunicación, gobierno de la población y sujetos / María del Carmen de la Peza C. (...) / - El espacio íntimo en la construcción intersubjetiva / Medardo Tapia Uribe. (shrink)

This chapter explores the concept of knowing as a contested terrain within the education. It takes, as its starting point, the classical philosophical distinction between knowing how, knowing that and the lesser-attended-to notion of knowing by acquaintance. Charting key historical debates pertaining to knowing that and knowing how, the chapter considers the extent to which conceptions of these forms of knowing evident in educational policy and practice are often limited and reductive. The chapter then explores how contemporary work within the (...) philosophy of education has served to challenge too-stringent conceptions of propositional and practical knowledge – often by reference to the Aristotelian conception of phronesis. With a view to building on this literature and taking it in a new direction, the chapter ends by exploring what might need to be at stake in a richer conception of knowledge for education. In connection with this, it offers a sketch of a renewed account of knowing by acquaintance, developed in relation to the phenomenological philosophy of Martin Heidegger. (shrink)

This thesis examines the claim that the sciences are disunified. Chapter 1 outlines and introduces different accounts of the stratification of the sciences in the literature, in particular, Unificationism, Disunificationism, Eliminativism and Human Science Disunificationism. I argue that all of these competing views are informed by an ideal model for successful science. In particular, all of the views discussed are committed to the claim that a science requires laws to be considered scientifically legitimate. At the end of this chapter, the (...) narrower topic of the thesis is revealed: do the special sciences have real legitimate ceteris paribus laws? (shrink)

Scientists, philosophers, and policymakers disagree about how to define microaggression. Here, we offer a taxonomy of existing definitions, clustering around (a) the psychological motives of perpetrators, (b) the experience of victims, and (c) the functional role of microaggression in oppressive social structures. We consider conceptual and epistemic challenges to each and suggest that progress may come from developing novel hybrid accounts of microaggression, combining empirically tractable features with sensitivity to the testimony of victims.

This chapter examines the way the two main philosophies of Heidegger and Derrida, come into critical contact with each other. Derrida represents his own thinking as a development of Heideggerian thought. The chapter discusses Derrida's engagement with Heidegger spanned nearly his entire philosophical career. Derrida's exploration of Heidegger's spiritual idiom, while somewhat unusual, is not unconnected with his other writings on Heidegger. Through tracing Heidegger's spiritual idiom, Derrida seeks to bring out what is at stake in those aspects of Heidegger's (...) thought he finds uncertain or, to put it more bluntly, questionable. In tracing Derrida's reading of Heidegger in Of Spirit, then, one shall in effect be crossing two pathways. One uses the medium of spirit to introduce certain critical questions for Heideggerian philosophy, specifically questions that relate to the political and geo political aspects of Heidegger's work. (shrink)

In this article, we aim to map out the complexities which characterise debates about the ethics of vaccine distribution, particularly those surrounding the distribution of the COVID-19 vaccine. In doing so, we distinguish three general principles which might be used to distribute goods and two ambiguities in how one might wish to spell them out. We then argue that we can understand actual debates around the COVID-19 vaccine – including those over prioritising vaccinating the most vulnerable – as reflecting disagreements (...) over these principles. Finally, we shift our attention away from traditional discussions of distributive justice, highlighting the importance of concerns about risk imposition, special duties, and social roles in explaining debates over the COVID-19 vaccine. We conclude that the normative complexity this article highlights deepens the need for decision-making bodies to be sensitive to public input. (shrink)

Minimal Semantics asks what a theory of literal linguistic meaning is for - if you were to be given a working theory of meaning for a language right now, what would you be able to do with it? Emma Borg sets out to defend a formal approach to semantic theorising from a relatively new type of opponent - advocates of what she call 'dual pragmatics'. According to dual pragmatists, rich pragmatic processes play two distinct roles in linguistic comprehension: as (...) well as operating in a post-semantic capacity to determine the implicatures of an utterance, they also operate prior to the determination of truth-conditional content for a sentence. That is to say, they have an integral role to play within what is usually thought of as the semantic realm. Borg believes dual pragmatic accounts constitute the strongest contemporary challenge to standard formal approaches to semantics since they challenge the formal theorist to show not merely that there is some role for formal processes on route to determination of semantic content, but that such processes are sufficient for determining content. Minimal Semantics provides a detailed examination of this school of thought, introducing readers who are unfamiliar with the topic to key ideas like relevance theory and contextualism, and looking in detail at where these accounts diverge from the formal approach. Borg's defence of formal semantics has two main parts: first, she argues that the formal approach is most naturally compatible with an important and well-grounded psychological theory, namely the Fodorian modular picture of the mind. Then she argues that the main arguments adduced by dual pragmatists against formal semantics - concerning apparent contextual intrusions into semantic content - can in fact be countered by a formal theory. The defence holds, however, only if we are sensitive to the proper conditions of success for a semantic theory. Specifically, we should reject a range of onerous constraints on semantic theorizing (e.g., that it answer epistemic or metaphysical questions, or that it explain our communicative skills) and instead adopt a quite minimal picture of semantics. (shrink)

Nietzsche was struck by the similarities between Greek and Indian philosophy. From the perspective elaborated in On the Genealogy of Morality - in which values are derived from the physiological, psychological, and social domains - we would expect the similarities of thought to derive from similarities in the conditions of the two cultures. A role is played here by the agonal spirit manifest in the Iliad, Hesiod, and Heraclitus as well as in Indian philosophy and in the Mahabharata and Ramayana. (...) Nietzsche found in both cultures viable models of self and state, born from an agonal context, that provided for him modes of being alternative to the Christian slave morality that he despised. (shrink)

This paper examines the concept of medical necessity as it relates to mental health care rationing, arguing that the normal functioning model of medical necessity is insufficient because it fails to cohere with an important aim and function of mental health care, which is to provide support for individuals in abusive or otherwise difficult personal relationships.

Understanding in Epistemology Epistemology is often defined as the theory of knowledge, and talk of propositional knowledge has dominated the bulk of modern literature in epistemology. However, epistemologists have recently started to turn more attention to the epistemic state or states of understanding, asking questions about its nature, relationship … Continue reading Understanding in Epistemology →.

This Introduction has two foci: the first is a discussion of the motivation for and the aims of the 2014 conference on New Thinking about Scientific Realism in Cape Town South Africa, and the second is a brief contextualization of the contributed articles in this special issue of Synthese in the framework of the conference. Each focus is discussed in a separate section.

Microaggressions are seemingly negligible slights that can cause significant damage to frequently targeted members of marginalized groups. Recently, Scott O. Lilienfeld challenged a key platform of the microaggression research project: what’s aggressive about microaggressions? To answer this challenge, Derald Wing Sue, the psychologist who has spearheaded the research on microaggressions, needs to theorize a spectrum of aggression that ranges from intentional assault to unintentional microaggressions. I suggest turning to Bonnie Mann’s “Creepers, Flirts, Heroes and Allies” for inspiration. Building from Mann’s (...) richer theoretical framework will allow Sue to answer Lilienfeld’s objection and defend the legitimacy of the concept, ‘microaggression’. (shrink)

In this study, we analyzed the academic integrity policies of colleges in Ontario, Canada, casting a specific lens on contract cheating. We extracted data from 28 individual documents from 22-publicly-funded colleges including policies and procedures (n = 27) and code of conduct (n = 1). We analyzed the characteristics of the documents from three perspectives: (a) document type and titles; (b) policy language; and (c) policy principles. Then we examined five core elements of the documentation including (a) access; (b) approach; (...) (c) responsibility; (d) detail; and (e) support. Key findings revealed that specific and direct language pertaining to contract cheating was largely absent from the policy documents, that underlying policy principles lacked clear definition, and that exemplary policy has yet to be developed in this context. We conclude with recommendations for increased policy research in the area of academic integrity and a call for policy revision in Canadian higher education institutions to more explicitly address the issue of contract cheating, as well as provide more support to students and other campus stakeholders to better understand how contract cheating impacts and impedes teaching and learning. (shrink)

At first glance, hate speech and microaggressions seem to have little overlap beyond being communicated verbally or in written form. Hate speech seems clearly macro-aggressive: an intentional, obviously harmful act lacking the ambiguity (and plausible deniability) of microaggressions. If we look back at historical discussions of hate speech, however, many of these assumed differences turn out to be points of similarity. The harmfulness of hate speech only became widely acknowledged after a concerted effort by critical race theorists, feminists, and other (...) activists. Before the 1990s, slurs were widely considered socially acceptable behavior: mere jokes that weren’t intended to be harmful. Authors like Richard Delgado, Mari Matsuda, and Charles Lawrence pushed back against this dismissal. In this chapter, I show that their arguments for the serious harmfulness of hate speech prefigure and provide support for current debates about the serious harmfulness of microaggressions. Exploring resonances with the 1980s hate speech debate will allow us to explain why microaggressions fall below the cutoff for legal liability but remain apt targets for moral blame. (shrink)

While human genetic research promises to deliver a range of health benefits to the population, genetic research that takes place in Indigenous communities has proven controversial. Indigenous peoples have raised concerns, including a lack of benefit to their communities, a diversion of attention and resources from non-genetic causes of health disparities and racism in health care, a reinforcement of “victim-blaming” approaches to health inequalities, and possible misuse of blood and tissue samples. Drawing on the international literature, this article reviews the (...) ethical issues relevant to genetic research in Indigenous populations and considers how some of these have been negotiated in a genomic research project currently under way in a remote Aboriginal community. We consider how the different levels of Indigenous research governance operating in Australia impacted on the research project and discuss whether specific guidelines for the conduct of genetic research in Aboriginal and Torres Strait Islander communities are warranted. (shrink)

Environmental epigenetics is increasingly employed to understand the health outcomes of communities who have experienced historical trauma and structural violence. Epigenetics provides a way to think about traumatic events and sustained deprivation as biological “exposures” that contribute to ill-health across generations. In Australia, some Indigenous researchers and clinicians are embracing epigenetic science as a framework for theorising the slow violence of colonialism as it plays out in intergenerational legacies of trauma and illness. However, there is dispute, contention, and caution as (...) well as enthusiasm among these research communities.In this article, we trace strategies of “refusal” (Simpson, 2014) in response to epigenetics in Indigenous contexts. Drawing on ethnographic fieldwork conducted in Australia with researchers and clinicians in Indigenous health, we explore how some construct epigenetics as useless knowledge and a distraction from implementing anti-colonial change, rather than a tool with which to enact change. Secondly, we explore how epigenetics narrows definitions of colonial harm through the optic of molecular trauma, reproducing conditions in which Indigenous people are made intelligible through a lens of “damaged” bodies. Faced with these two concerns, many turn away from epigenetics altogether, refusing its novelty and supposed benefit for Indigenous health equity and resisting the pull of postgenomics. (shrink)

Emma Borg examines the relation between semantics and pragmatics, and assesses recent answers to fundamental questions of how and where to draw the divide between the two. She argues for a minimal account of the interrelation between them--a 'minimal semantics'--which holds that only rule-governed appeals to context can influence semantic content.

In Utopophobia: On the Limits (If Any) of Political Philosophy, David Estlund defends against utopophobia in political philosophy. Estlund claims that it is no defect in a theory of justice if it sets a high standard that has little chance of being achieved by any society. The book does not, however, give similar permission to argue for unrealistically optimistic political proposals. Going beyond Estlund, I consider the possibility that some utopian thinking is warranted not just in the context of formulating (...) a theory of justice, but in the practical context, too. Sometimes theorizers ought to argue for and pursue political proposals that seem unrealistically optimistic. (shrink)

Starting with service robotics and industrial robotics, this paper aims to suggest philosophical reflections about the relationship between body and machine, between man and technology in our contemporary world. From the massive use of the cell phone to the robots which apparently “feel” and show emotions like humans do. From the wearable exoskeleton to the prototype reproducing the artificial sense of touch, technological progress explodes to the extent of embodying itself in our nakedness. Robotics, indeed, is inspired by biology in (...) order to develop a new kind of technology affecting human life. This is a bio-robotic approach, which is fulfilled in the figure of the cyborg and consequently in the loss of human nature. Today, humans have reached the possibility to modify and create their own body following their personal desires. But what is the limit of this achievement? For this reason, we all must question ourselves whether we have or whether we are a body. (shrink)

_Antisemitism, Islamophobia, and Interreligious Hermeneutics: Ways of Seeing the Religious Other_ examines the hermeneutics of interreligious encounter, investigating the implicit judgments of Judaism and Islam that often arise in contexts of conflict.

This chapter offers a brief analysis of the problems facing Bonnett's attempt to articulate a richer conception of thinking. Bonnett states, authentic thinking and understanding require that one become the originators and authors of their own thinking, as against merely reflecting the thoughts of others. In order to deflect the criticism that the account is promoting a self‐centred view of thinking, Bonnett introduces the concept of self referencing, which he describes as the determination to understand what one learns in terms (...) of one's own experiences. Bonnett states, the discipline and rigour of poetic thinking are rooted in the underlying sense of personal responsibility. One of the main flaws with Bonnett's account is that he simply does not engage in a careful enough reading of the philosophical accounts of thinking he draws upon, especially the Heideggerian accounts of being in the world and truth. (shrink)

This chapter explores the similarities that exist between two accounts of thinking presented by philosophers who are usually held to belong to differing, even conflicting, philosophical traditions. These are the accounts of Gilbert Ryle and Martin Heidegger. By situating Ryle in relation to Heidegger, the chapter seeks to show that there is an alternative reading of Ryle and one that problematises any straightforward understanding of him as a partisan of the rationalistic account. Ryle's first criticism takes issue with the way (...) Heidegger turns knowledge into a derivative mode of experience through his account of being in the world. According to Ryle, Heidegger is fundamentally mistaken in doing so, quite simply because knowledge is in fact a precondition for having a relation to things in the world in the first place. Heidegger draws a distinction between two differing conceptions of truth: aletheia and adequatio. (shrink)

This chapter demonstrates how Heidegger's philosophy works to disrupt in a radical sense, the assumptions of traditional philosophy. It seeks to attend to the way Heidegger's later thought (that is, his writings from 1930 onwards) works to develop the reconceptualization of thinking and human existence that was instigated by his early philosophy. The more direct attention Heidegger gives to the nature of language allows a concrete and robust account of the conditions of thought to come to the fore and one (...) that moves us more radically beyond the model of the active, towards a conception of human existence. The duality of concealing, revealing, and the historical nature of language, is a condition of language doing the work it does in the first place. Through Heidegger's account of language, then, one can able to understand something important about the conditionality of human experience that Heidegger gestures towards in his earlier work. (shrink)

This chapter discusses the predominant picture of thinking in education, rationalistic conception. It combines the author's practical analysis of current thinking education with the philosophical account. Certain standards for thinking education are set on the basis of a certain understanding of thinking‐ hence; the two mutually reinforce each other. In questioning the rationalistic account of thinking one can question the current aims of thinking education and many of the educational discourses that go hand in glove with such aims. The rationalistic (...) account is rooted in the assumption that the self‐sufficient, autonomous human being who independently ‘deals’ with problems is both possible and desirable. The particular reason for invoking Derrida was that, he was a thinker profoundly influenced by Heideggerian thought and its attempt to think outside metaphysics and the conceptual categories of the ‘thinking subject’. (shrink)

This chapter considers a thinker Jacques Derrida, who in some ways inherits the Heideggerian legacy and yet also problematises and puts it to work in new ways. Like Heidegger, the insights raised by Derrida's philosophy in respect to the nature of human thinking come by way of his exploration of the relation between thought and language. Derrida in many ways comes close to one of the key accounts of language afforded by Ordinary Language philosophy, namely that of John Austin. The (...) chapter shows how Derrida's own account of language enables such a surpassing and demonstrates that this is not by way of any bizarre, farfetched man oeuvres but is rather the result of a commitment to remaining faithful and attentive to the actual workings of language. It explores Derrida's account of signification as it develops from his critical confrontation with structuralism and De Saussure. (shrink)

This chapter addresses the kind of thinking that is currently being fore grounded in education, the rationalistic conception. It also examines some of the recent ways in which thinking education has been approached in the British curriculum. To be more specific, one might say that the predominant view of thinking has arisen as a result of the foregrounding of a particular type of thinking, which has in turn been made possible on the basis of a certain representation of both thinking (...) and the thinking subject. The chapter provides some indicative examples from three of the main sources contributing to the theory of thinking education which includes the philosophical literature on critical thinking, thinking skills, and philosophy for children. One of the major areas of theoretical work on thinking education has come from the critical thinking movement. (shrink)

This chapter considers certain key features of Austin's philosophy. It discusses the under recognised affinities that exist between the work of Derrida and Austin, particularly concerning their philosophical methods and their respective attempts to work against the traditional, representation list account of language. The chapter exemplifies the manner in which Derrida nevertheless presents himself as going beyond Austin's philosophy in certain crucial ways, by attending to the criticisms he levels at Austin in his paper ‘Signature Event Context’. It describes Derrida's (...) account by assessing whether his critique of Austin holds, a task that is aided by an exploration of Stanley Cavell's critique of Derrida's reading of Austin. Finally, through appraising Cavell and Derrida's readings of Austin, the chapter argues that Derrida's critique can in fact be defended and in a manner that serves understand Derrida's account of language and thought in certain significant ways. (shrink)

ABSTRACT With a particular focus on the experience of young people in higher education, this paper turns to the philosophical work of Cora Diamond to open up new ways of conceptualising mental health. We claim that Diamond offers a compelling insight into that experience of human difficulty so often subsumed by a medicalised vocabulary. We propose that she offers philosophically astute perceptions of the related human attempts at deflection. And we situate this reading of Diamond against a broader understanding of (...) the contemporary university as a place of institutional darkness. In developing this general discussion, we place ourselves within a very particular context. We draw on the narratives of a number of third-level students in Ireland, who shared their experiences as part of a hermeneutic phenomenological study into the lived experience of mental health difficulties. (shrink)

This edited collection draws on a range of disciplines in exploring the central place of narrative in social inquiry and understanding the ethical life. It provides scholarly and practical insights into the rewards and potential pitfalls of working in, and with narrative. It offers readers a broad range of carefully considered examples; the use of art in enhancing insight into the plights of rural communities in Australia; the use of illness narratives in medical education; applying narratives of torture survivors and (...) torturers in shaping humane political response and policy in the face of terrorism, and the place of the music, as a vehicle of story telling and moral growth. This volume illuminates the explicit links between the importance of narrative, that is, the telling of stories to create shape and meaning in our lives, and ethical engagement so critical to the achievement of a good life. (shrink)

While the agricultural knowledges and practices of Black, Indigenous, and People of Color and women have shaped agriculture in the US, these knowledges have been colonized, exploited, and appropriated, cleaving space for the presently dominant white male agricultural narrative. Simultaneously, these knowledges and practices have been transformed to fit within a society that values individualism, production, efficiency, and profit. The authors use a decolonial Feminist Political Ecology framework to highlight the ways in which the knowledges of Indigenous, Black, and women (...) farmers have been and are being colonized; a tradition that makes alternative agriculture a predominantly white space. The authors interviewed 10 BIPOC and women farmers in Colorado to understand what values and knowledges were shaping their often-appropriated agricultural practices. Three themes emerged: people, place, and patterns. By centering these values, farmers create relational agricultural practices that support the well-being of human and more-than-human beings. To support the widespread implementation of these practices, food systems practitioners must elevate the voices and knowledges of historically excluded farmers. Only then can truly just and equitable alternative agricultural practices be realized in the US. (shrink)

In Searle’s social ontology, collective intentionality is an essential component of all institutional facts. This is because the latter involve the assignment of functions, namely "status functions," on entities whose physical features do not guarantee their performance, therefore requiring our acceptance that it be performed. One counter-example to that claim can be found in Carl Menger’s individualistic account of the money system. Menger’s commitment to the self-interest assumption, however, prevents him from accounting for the deontic dimensions of institutional facts.

This article advances the idea that shareholders who seek to influence corporate behaviour can be understood analytically as norm entrepreneurs. These are actors who seek to persuade others to adopt a new standard of appropriateness. The article thus goes beyond studies which focus on the influence of shareholder activism on single instances of corporate conduct, as it recognises shareholders' potential as change agents for more widely shared norms about corporate responsibilities. The article includes the empirical example of US internet technology (...) companies who, in their Chinese operations, face conflicts of norm systems in regard to freedom of expression on the internet. Shareholders have been active in seeking to persuade these companies to adopt a norm of adhering to global standards for human rights over restrictions implied by authoritarian regimes to which they deliver services. (shrink)

European Journal of Philosophy, Volume 29, Issue 1, Page 74-89, March 2021.