This collection of essays forms a lively debate over the fundamental characteristics of legal and moral rights. The essays examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices.

In lieu of an abstract, here is a brief excerpt of the content:Historical Narratives and the Meaning of NationalismLloyd KramerThe vast, expanding literature on nationalism may well defy every generalization except a familiar, general theme of intellectual history: texts about nationalism have always drawn their perspectives and passions from the evolving political and cultural contexts in which their authors have lived. Modern accounts of nationalism show the unmistakable traces of political, military, and cultural conflicts in every decade of the twentieth (...) century—from the era of nationalist rivalries before World War I to the redefinitions of gender, literature, and history that have emerged in contemporary postmodernism, postcolonialism, and multiculturalism.This connection between the texts of nationalist scholarship and the modern contexts of politics and culture suggests why historical narratives of nationalism have become part of the history of nationalism itself. Nationalism’s scholarly interpreters cannot easily separate themselves from the objects of their analysis, and their interpretations are often as diverse and fragmented as the nations they describe. This essay enters the debate on nationalism, describes recurring themes in the historical literature, and replicates a key characteristic of the historiography by stressing that the complexity of nationalism and its interpreters resists every simplifying, comprehensive definition. Histories of nationalism provide a striking example of how the history of ideas never reaches a point of uncontested closure and never finally escapes the political and cultural contexts in which all historical narratives are produced.Like most analysts of nationalism, I assume that it is one of the decisive forces in modern history and that its significance demands careful, critical analysis. It also calls for always incomplete definitions, one of which can be drawn from the German historian Peter Alter. Nationalism is “both an ideology and a political movement which holds the nation and sovereign nation-state to be crucial indwelling values, and which manages to mobilize the political will of [End Page 525] a people or a large section of the population.”1 Nationalist ideas are thus a distinctive form of modern thought that shapes the political actions and cultural identities of individuals as well as groups. The meanings of nationalism and national identity typically depend on various dichotomies that define the nation in terms of its differences from other places or people—the dynamic process of identity formation that has received wide attention in contemporary cultural studies. My own view of the “oppositional” structures in nationalist thinking coincides with the concise description by Peter Sahlins: “National Identity is a socially constructed and continuous process of defining ‘friend’ and ‘enemy’.... National identities... do not depend on the existence of any objective linguistic or cultural differentiation but on the subjective experience of difference.”2 Sahlins thus assumes that something called national identity is “there,” but he also insists that national consciousness is a “constructed” identity. Nationalism, in short, does not express or reflect a natural, primordial reality.The assumption that nationalisms are historical rather than natural phenomena shapes most of the scholarly literature, so that the study of nationalism leads to historical analysis rather than to biology or physical geography. Although there have been countless historical studies of nationalism in different periods, cultures, and conflicts,3 my discussion will refer to a small number of narratives that have made especially significant theoretical claims about the nature of nationalism. There is of course no way to analyze such theories without exclusions and generalizations, which I shall provide by focusing mostly on works about Europe and dividing the patterns of historical analysis into the following broad categories: (1) the description of nationalism as a central component of modernization, reflecting and also shaping intellectual, cultural, economic, social, and political transitions from premodern to modern history; (2) the claim that nationalisms are modern religious movements, related to but also displacing earlier religions; (3) the argument that nationalism is a linguistic, literary construction that depends on new forms of communication, intellectuals, and narratives; (4) the description of nationalism as a discourse of gender and ethnicity that shapes individual identities and also expresses anxieties about sexuality, culture, and respectability; and (5) the argument that nationalisms can be divided into categories (good/bad, Western/Eastern, [End Page 526] political/cultural) and phases that represent sharp differences in the development of modern... (shrink)

Brain-computer interfaces allow agents to control computers without moving their bodies. The agents imagine certain things and the brain-computer interfaces read the concomitant neural activity and operate the computer accordingly. But the use of brain-computer interfaces is problematic for criminal law, which requires that someone can only be found criminally responsible if they have satisfied the actus reus requirement: that the agent has performed some (suitably specified) conduct. Agents who affect the world using brain-computer interfaces do not obviously perform any (...) conduct, so when they commit crimes using brain-computer interfaces it is unclear how they have satisfied actus reus. Drawing on a forthcoming paper by Allan McCay, I suggest three potential accounts of the conduct that satisfies actus reus: the agent’s neural firings, his mental states, and the electronic activity in his brain-computer interface. I then present two accounts which determine how actus reus may be satisfied – one a counterfactual and the other a minimal sufficiency account. These accounts are lent plausibility because they are analogous to the but-for and NESS (Necessary Element in a Sufficient Set) tests for causation which are generally accepted tests for causation in legal theory. I argue that due to the determinations of these accounts and considerations regarding the relationship between the mind and brain, actus reus is satisfied by either the agent’s neural activity or brain-computer interface electrical activity. Which of these satisfies actus reus is determined by how well the brain-computer interface is functionally integrated with the agent. (shrink)

Many reviewers of applications for ethical approval of research at universities struggle to understand what is considered ethical conduct in community-based research (CBR). Their difficulty in understanding CBR and the ethics embedded within it is, in part, due to the exclusion of CBR from researchers’ mandatory research ethics training. After all, CBR challenges both pedagogically and epistemologically the dominant paradigm/s whose worldviews, values and inherent structures of power help sustain the status quo within academic institutions at large. Consequently, CBR ethics (...) applications are often prolonged due to back-and-forth rebuttals. In this article, we analyse our experiences in a South African institution of the ethics approval process for our various CBR projects over the past couple of years. Data for this purpose was generated from analysis of our reflexive dialogues as well as our responses to feedback from the ethics review boards. To help support the trustworthiness of the study, we invited critical friends to a workshop to engage with our findings. We identified three main themes all associated with how the values, worldviews and approaches of CBR differ from those of the dominant research paradigm/s, that impeded on the progress of our applications through the ethics approval process. On the basis of our analysis, we offer guidelines and a participatory research checklist for university ethics review panels to help inform their evaluation of applications concerning CBR. While universities now actively promote community engagement initiatives, and since CBR is an efficacious approach to that end, we advocate for inclusion of CBR ethics in universities’ mandatory ethics training, to help address ethical concerns that impede CBR research. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Republicanism, Religion, and Machiavelli’s Savonarolan MomentMarcia L. ColishMachiavelli’s readers often take at face value his claim that Christianity has weakened Italy’s civic spirit and martial valor, leaving it open to priestcraft and foreign invasion. Some scholars see this critique of Christianity as an expression of the irreligious, immoral, neopagan, or scientific Machiavelli, making it the chief index of his modernity. 1 One subset within this group treats Machiavelli’s [End (...) Page 597] anthropology as a secularized version of Augustine on original sin, absent an Eden behind it and a redemption before it. 2 Another view of Machiavelli on religion sees him as treating religion, whatever its teachings, functionally, as an instrument promoting desirable political behavior. 3 This is why they regard [End Page 598] Machiavelli as original and modern; although Maury D. Feld notes rightly that Machiavelli is here simply imitating the ancient Roman historians, who all treat religion in just this way. 4 For some proponents of the functionalist interpretation, it does not preclude Christian belief on Machiavelli’s part. For them his brief is not against Christianity itself but against clericalism, the papacy, and Christianity as it is currently interpreted. 5 Still others recognize Machiavelli’s acceptance of signs and portents, saintly behavior and miracles, and other indices of God’s existence and action in human history. They also note Machiavelli’s praise of biblical leaders seen as divinely inspired and his inclusion of them among the founders of religions and states who head his list of heroes. 6 Going farther, some scholars argue that Machiavelli was a conventional, if not an ardent or impeccable, Christian, who joined a religious confraternity before which he preached his Exhortation to Penitence, and the apparent recipient of the last rites of his church after a deathbed confession. 7 [End Page 599]Can these conflicting assessments of Machiavelli and religion be integrated? To some extent, yes. Once, that is, we consider a number of issues not always brought to bear on this question. Machiavelli recognizes that the foreigners who have overrun Italy and deprived Florence of the republic he had served are as Christian as the Italians. At home and abroad, their Christianity has not undermined their military strength or the civic virtue Machiavelli associates with republics. Within contemporary Florence there were three kinds of republicanism on offer, for those unhappy with the Medici restoration of 1512. One group sought to restore the pre-Medici governo stretto constitution dominated by the ottimati. Their opponents defended governo largo republicanism. Machiavelli advocated this type of polity, informed by his reading of ancient history and his assessment of human nature. But another, competing version of governo largo was put forth by Girolamo Savonarola during the Dominican friar’s stormy career as de facto head of the Florentine state from 1494 to 1498. Savonarola’s republican theory combined a number of ideas that Machiavelli loathed: the appeal to the Venetian Great Council as a model, the wish to purge Florence of her sins so that she could serve as the New Jerusalem in the coming apocalypse, and the notion that governo largo was a means to these religious ends, since the more broad-based the government, the more readily could it legislate and enforce moral reform. And, far from self-destructing after the friar’s ashes had been strewn on the Arno, Savonarolan republicanism continued to draw support from a diverse and substantial group of Florentines. Equally alarming, the agents [End Page 600] of this protracted Savonarolan moment seemed to have preempted Machiavelli’s own anticlerical, antipapal, antioligarchic, and antiMedicean positions, as well as a theory of governo largo. If we foreground Machiavelli’s desire to defend his own version of republicanism by undermining the Savonarolan alternative and if we recall that he treats Christianity positively in other contexts, it becomes possible to read those passages where he criticizes Christianity as practiced in Italy as texts with an antiSavonarolan subtext. Read this way, they are not incompatible with his acceptance of Christianity as true or as politically constructive elsewhere. In approaching this topic, we should also remember the longstanding associations that bound Christianity to politics and warfare.Addressing this last point... (shrink)

Preview: 2020, the year the coronavirus pandemic spread globally, marked the twenty-fifth year since the publication of Pierre Hadot’s work Philosophy as a Way of Life. In that time, what began as the research specialization of just a few scholars has become a growing area of philosophical and metaphilosophical inquiry, bringing together researchers from around the globe. Hadot’s key ideas of spiritual exercises, and the very idea of PWL, have been applied to a host of individual thinkers from across the (...) history of philosophy: from the Hellenistic and Roman-era philosophers of direct concern to Hadot, through renaissance thinkers like Petrarch, Lipsius, Montaigne, Descartes, or Bacon, into nineteenth-century thinkers led by Schopenhauer, Kierkegaard, and Nietzsche.In more recent years, more global reflections on the “very idea” of PWL have begun to emerge, as well as dedicated journal editions. In these more recent PWL studies, some of the manifold research questions have begun to be explored, which were opened up by the studies of Pierre and Ilsetraut Hadot, as well as its reception in Michel Foucault’s later work. What implications, after all, does understanding the history of PWL, and the predominance of this metaphilosophical conception in the history of Western thought, have for how we understand the practice of philosophy today? Does recovering the alternative understandings of philosophy as a practice in history necessarily lead to a criticism of contemporary, solely academic or theoretical modes of philosophizing, or is the idea of PWL one which has only historiographical force? (shrink)

Based on its prevalence, there is an urgent need to better understand the mechanisms, opportunities and risks of sexual interaction in digital contexts that are related with sexual arousal. While there is a growing body of literature on SIDC, there is also a lack of conceptual clarity and classification. Therefore, based on a conceptual analysis, we propose to distinguish between sexual interaction through, via, and with digital technologies. Sexual interactions through digital technologies are face-to-face sexual interactions that have been started (...) digitally or are accompanied by digital technology. Sexual interactions via digital technology are technology-mediated interpersonal sexual interactions. Sexual interactions with digital technology occur when the technology itself has the role of an interaction partner. The three types of SIDC and their respective subtypes are explained and backed up with empirical studies that are grouped according to two major mediators: consent and commerce. Regarding the causes and consequences of the three types of SIDC we suggest a classification that entails biological, psychological, social, economic, and technological factors. Regarding implications of SIDC we suggest to focus on both opportunities and risks for sexual health. The proposed conceptual framework of SIDC is meant to inform future research. (shrink)

Research in face recognition has tended to focus on discriminating between individuals, or “telling people apart.” It has recently become clear that it is also necessary to understand how images of the same person can vary, or “telling people together.” Learning a new face, and tracking its representation as it changes from unfamiliar to familiar, involves an abstraction of the variability in different images of that person's face. Here, we present an application of principal components analysis computed across different photos (...) of the same person. We demonstrate that people vary in systematic ways, and that this variability is idiosyncratic—the dimensions of variability in one face do not generalize well to another. Learning a new face therefore entails learning how that face varies. We present evidence for this proposal and suggest that it provides an explanation for various effects in face recognition. We conclude by making a number of testable predictions derived from this framework. (shrink)

ABSTRACTIn clinical circles, the concept of “moral injury” has rapidly gained traction. Yet, from a moral philosophical point of view the concept is less clear than is suggested. That is, in current conceptualizations of moral injury, trauma’s moral dimension seems to be understood in a rather mechanistic and individualized manner. This article makes a start in developing an adequately founded conceptualization of the role of morality in deployment-related distress. It does so by reviewing and synthesizing insights from different disciplines into (...) morality and trauma. This discussion will lead to three positions: values and norms are by definition characterized by conflict, moral conflict may entail important social dimensions, and moral conflict may lead to altered beliefs about previously held values. These insights provide important steps in further developing conceptions of the role of morality in deployment-related suffering. (shrink)

Throughout the English-speaking world, and in the many other countries where analytic philosophy is studied, Hillel Steiner is esteemed as one of the foremost contemporary political philosophers. This volume is designed as a festschrift for Steiner and as an important collection of philosophical essays in its own right. The editors have assembled a roster of highly distinguished international contributors, all of whom are eager to pay tribute to Steiner by focusing on topics on which he himself has concentrated. Some of (...) the contributors engage directly with Steiner's work, whereas others focus not directly on his writings but instead grapple with issues that have figured prominently therein. Each essay seeks to advance the debates in which Steiner himself has so notably participated. The study concludes with a response by Steiner himself. (shrink)

The edited collection Rorty and Beyond assesses and moves beyond Rorty’s legacy, bringing together leading international philosophers. The collection covers diverse territory, from his views about what we may hope for to his personal character, and everything in between.

Current orthodoxy in modal logic and metaphysics has it that actuality is non-contingent in the following sense: for all p, if actually, p, then necessarily, actually, p. Call this thesis (Actuality) Necessitism and its negation (Actuality) Contingentism. Thus, according to Contingentism, there is at least one proposition p which is actually true but which could have been actually false. In another paper, one of us (Glazier 2023) has recently defended Contingentism. The present paper explores the logic of actuality under Contingentism. (...) After informally introducing Contingentism and outlining what we take to be the main motivations for accepting it, we consider how contingent actuality should be taken to be. We argue that the nature, or essence, of actuality imposes certain limits on the extent to which actuality could have been different, and these then inform our view of the logic of actuality. Turning to the formal study of the logic of contingent actuality, we specify a formal language and a possible world semantics for that language and distinguish a number of natural notions of validity and consequence to which it gives rise. We present axiomatizations of the different resulting logics and examine the variety of iterated modalities in our systems. We establish soundness and completeness results. (shrink)

Some screening tests for donor blood that are used by blood services to prevent transfusion-transmission of infectious diseases offer relatively few health benefits for the resources spent on them. Can good ethical arguments be provided for employing these tests nonetheless? This paper discusses—and ultimately rejects—three such arguments. According to the ‘rule of rescue’ argument, general standards for cost-effectiveness in healthcare may be ignored when rescuing identifiable individuals. The argument fails in this context, however, because we cannot identify beforehand who will (...) benefit from additional blood screening tests. On the ‘imposed risk’ argument, general cost-effectiveness standards do not apply when healthcare interventions impose risks on patients. This argument ignores the fact that imposing risks on patients is inevitable in healthcare and that these risks can be countered only within reasonable limits. Finally, the ‘manufacturing standard’ argument premises that general cost-effectiveness standards do not apply to procedures preventing the contamination of manufactured medical products. We contend that while this argument seems reasonable insofar as commercially manufactured medical products are concerned, publicly funded blood screening tests should respect the standards for general healthcare. We conclude that these particular arguments are unpersuasive, and we offer directions to advance the debate. (shrink)

It has been argued that numbers are spatially organized along a "mental number line" that facilitates left-hand responses to small numbers, and right-hand responses to large numbers. We hypothesized that whenever the representations of visual and numerical space are concurrently activated, interactions can occur between them, before response selection. A spatial prime is processed faster than a numerical target, and consistent with our hypothesis, we found that such a spatial prime affects non-spatial, verbal responses more when the prime follows a (...) numerical target (backward priming) then when it precedes it (forward priming). This finding emerged both in a number-comparison and a parity judgment task, and cannot be ascribed to a "Spatial-Numerical Association of Response Codes" (SNARC). Contrary to some earlier claims, we therefore conclude that visuospatial-numerical interactions do occur, even before response selection. (shrink)

Edited by leading contributors to the literature, Freedom: An Anthology is the most complete anthology on social, political and economic freedom ever compiled. Offers a broad guide to the vast literature on social, political and economic freedom. Contains selections from the best scholarship of recent decades as well as classic writings from Hobbes, Locke, Rousseau and Kant among others. General and sectional introductions help to orient the reader. Compiled and edited by three important contributors to the field.

This volume collects essays by leading criminal law theorists to explore the principal themes in his work.