Existing metasemantic projects presuppose that word- (or sentence-) types are part of the non-semantic base. We propose a new strategy: an endogenous account of word types, that is, one where word types are fixed as part of the metasemantics. On this view, it is the conventions of truthfulness and trust that ground not only the meaning of the words (meaning by convention) but also what the word type is of each particular token utterance (words by convention). The same treatment extends (...) to identifying the populations through which the conventions prevail. We consider whether this proposal leads to new underdetermination challenges for metasemantics, and make a case that it does not. (shrink)

First part of the translation into Spanish of David Lewis' "New Work for a Theory of Universals", corresponding to the introduction and the first two sections of the original paper. || Primera parte de la traducción al español del trabajo de David Lewis "New Work for a Theory of Universals", correspondiente a la introducción y las dos primeras secciones del artículo original. Artículo original publicado en: Australasian Journal of Philosophy, Vol. 61, No. 4, Dec. 1983, pp. 343-377.

Second part of the translation into Spanish of David Lewis' "New Work for a Theory of Universals", corresponding to the last sections of the original paper. || Segunda parte de la traducción al español del trabajo de David Lewis "New Work for a Theory of Universals", correspondiente a últimas secciones del artículo original. Artículo original publicado en: Australasian Journal of Philosophy, Vol. 61, No. 4, Dec. 1983, pp. 343-377.

The paper explores the methodology and goals of H. Odera Oruka’s sage philosophy project. Oruka interviewed wise persons who were mostly illiterate and from the rural areas of Kenya to show that a long tradition of critical thinking and philosophizing exists in Africa, even if there is no written record. His descriptions of the role of the academic philosopher turned interviewer varied, emphasizing their refraining from imposition of their own views (the social science model), their adding their own ideas (like (...) Plato), or their midwifery in helping others give birth to their own ideas (like Socrates). The accuracy and consistency of the various metaphors used by Oruka is the main focus of the article’s analysis. The article sums up the shortcomings of Oruka’s method as well as its strengths and concludes with Oruka’s challenge to academic philosophers to rethink their own roles in society. (shrink)

The article examines the role of ethnic favoritism in maldistribution of national resources in Kenya and discusses two broad proposals for attacking such corruption. Evidence drawn from research in Kenya disproves the view of Chabal and Daloz, who argue that Africans prefer to distribute goods according to ethnic ties, and shows that frustration with the lack of alternatives to such a system, rather than enthusiasm for it, drives cooperation with corrupt maldistribution. One solution to the problem is to decentralize government (...) so that resources are retained locally. A second solution is to attack the culture of appropriation and push for a fair evaluation of needs and the equitable distribution of national resources to where they are needed most. Drawing on the ideas of Hannah Arendt, the article proposes a modified federalism where government is small enough to enlist the help and support of locals but powerful enough to provide funds to impoverished sectors of the country. (shrink)

This volume in the Oxford Readings in Philosophy looks at central areas in Plato's philosophy: ethics, politics, religion, and the soul. It includes essays on virtue, knowledge, and happiness; justice and happiness; pleasure; Platonic love; feminism; the ideally just state, democracy and totalitarianism; and the nature of the soul and moral motivation.

The editor's introduction discusses Clarence I. Lewis's conceptual pragmatism when compared with post-empiricist epistemology and argues that several Cartesian assumptions play a major role in the work, not unlike those of Logical Positivism. The suggestion is made that the Cartesian legacy still hidden in Logical Positivism turns out to be a rather heavy ballast for Lewis’s project of restructuring epistemology in a pragmatist key. More in detail, the sore point is the nature of inter-subjectivity. For Lewis, no (...) less than for the Logical Positivists at the time of the Protocols Controversy and Husserl in the Cartesian Meditations, this is a problem without a solution. The reason is that all these philosophers are apparently unable to realize that the existence of a plurality of knowing subjects cannot be treated at once both as a speculative problem and a methodological one. Lewis, thanks to his pragmatist approach both comes closer to the right answer and offers an even more naïve unsatisfactory solution to the pseudo-problem under discussion. The fact that he has clear in mind that inter-subjectivity means not only a plurality of linguistic utterances but also a co-existence of different kinds of practical behaviour. Eventually, the very idea of mind, the key-idea in the book, suffers from the above mentioned tension. In fact, if inter-subjective communication and action is considered at a methodological level, the very idea of mind would not need an analysis, and no kind of ‘reflexive’ analysis. Methodology might be limited to a ‘naïve’ level where the existence of the world and a plurality of subjects be taken as a bedrock of uncritically accepted evidence. Philosophical reflection on ultimate evidence, instead, would take a different approach, maybe the one Wittgenstein was putting into practice in the same years when Mind and the world order was written, namely it would be bound to question the very meaning of the idea of ‘mind’ as an undue fiction – the same carried out by Descartes – when he assumed the Cogito to be at once a body of self-evident truths and a thing or substance, the familiar Platonic idea of psyche or soul. (shrink)

This article reviews the recent crisis in Detroit focusing on the placement of an Emergency Manager in charge of financial decisions, and a bankruptcy process. This political disenfranchisement harmed the pensions of city employees and offered valuable real estate to investors at low prices. While the crisis was long in the making, with deindustrialization and residential segregation beginning in the 1950s, the crisis was exacerbated in 2008 with the mortgage crisis and with water shut-offs to residences. The greatest harms were (...) felt by African American families in the city. The article takes toll of the harms suffered and chronicles movements of resistance against Emergency Management and community organizing efforts. (shrink)

It is worth exploring the longstanding preoccupation with the future that can be found throughout H. Odera Oruka's writings, especially the writings to be found in a retrospective collection of his essays on which he was working at the time of his death, Practical Philosophy: In Search of An Ethical Minimum. This practice of tracing the future results of actions of which people are presently engaged, in order to determine whether a change of course is needed, is not something that (...) Odera Oruka had to go to a university to learn. When Odera Oruka takes up Futures Studies, it is not to embrace a foreign way of thinking, but to find the international complement to the local approach well known and practiced by Africans. (shrink)

The paper applies insights from Axel Honneth's recent book, The Struggle for Recognition, to the South African situation. Honneth argues that most movements for justice are motivated by individuals' and groups' felt need for recognition. In the larger debate over the relative importance of recognition compared with distribution, a debate framed by Taylor and Fraser, Honneth is presented as the best of both worlds. His tripartite schema of recognition on the levels of love, rights and solidarity, explains how concerns for (...) equality and difference are two separate needs, even though both must be satisfied. Past and ongoing struggles in South Africa can be understood as struggles for recognition. The African Renaissance itself, to be successful, must address economic and recognition issues simultaneously. (shrink)

Compared to other ethnic groups in Kenya, the Maasai resisted working wage labor jobs, preferring to continue pastoral practices, even though “development” experts and Kenyans from other ethnic groups derided them as being “backward” and holding back the progress of the country. The phenomenon of Maasai reluctance to adapt to wage labor has been called a "conservative" trend by some, and a radical resistance by others. The British during colonialism seemed irritated and impatient with Maasai for their refusal to work (...) as day-laborers. Rigby agrees that Maasai resisted capitalist wage labor, and he thinks they did so for good reasons (not due to stubbornness or inability to change). This paper explores, and attempts to evaluate the Maasai resistance to Western, colonial cultural influences. It will argue that the Maasai avoided many problems that come with forced change or assimilation. Foucault's description of the disciplinary society, and its organization of work, will be drawn upon to make the argument that some of the new economic opportunities open to the Maasai were greatly unattractive. Maasai work lifestyle gives room for freedom of movement and individual volition to an extent no longer possible in many jobs in the West. Maasai found their own labor setup to be more satisfactory, because it is more in tune with their own concept of personhood. (shrink)

In Gandhi's Printing Press, Isabel Hofmeyr introduces readers to the nuances of the newspaper in a far-flung colony in the age when mail and news traveled by ship and when readers were encouraged by Gandhi to read slowly and deeply. This article explores the ways in which Thoreau's concept of slow reading influenced Gandhi and Hofmeyr herself. She discusses the community that surrounded Gandhi and the role it played in supporting the newspaper. Yet, I argue, the role of women of (...) all races as well as Coloured and black South African men in leading, modeling, and shaping the movement of resistance to pass laws and other racist legislation might have been integrated more into the main narrative. Gandhi's newspaper, Indian Opinion, reported on the pass law protests of the African women of Bloemfontein, and Abdurahman's APO newspaper (popular in the Coloured community) reported on Gandhi's protests. Indian Opinion included speeches given by John Dube, and it often praised Dube and the work at Ohlange and reprinted stories from the black press. I offer these remarks to supplement Hofmeyr's fascinating account by providing additional information in portraying the newspaper in its historical and social context. (shrink)

This article provides an overview of the contributions to philosophy of Nigerian philosopher Sophie Bọ´sẹ`dé Olúwọlé. The first woman to earn a philosophy PhD in Nigeria, Olúwọlé headed the Department of Philosophy at the University of Lagos before retiring to found and run the Centre for African Culture and Development. She devoted her career to studying Yoruba philosophy, translating the ancient Yoruba Ifá canon, which embodies the teachings of Orunmila, a philosopher revered as an Óríṣá in the Ifá pantheon. Seeing (...) his works as examples of secular reasoning and argument, she compared Orunmila's and Socrates' philosophies and methods and explored similarities and differences between African and European philosophies. A champion of African oral traditions, Olúwọlé argued that songs, proverbs, liturgies, and stories are important sources of African responses to perennial philosophical questions as well as to contemporary issues, including feminism. She argued that the complementarity that ran throughout Yoruba philosophy guaranteed women's rights and status, and preserved an important role for women, youths, and foreigners in politics. (shrink)

The paper evaluates the claims of Kwame Gyekye and Kwasi Wiredu that the Akan traditional governance structures are just as democratic or even more democratic that Western style representative democracies.

A co-founder of the Catholic Worker Movement, its newspaper, and hospitality houses, the writer Dorothy Day promoted public peace nationally and internationally as a journalist, an organizer of public protests, and a builder of associational communities. Drawing upon Hannah Arendt’s conceptions of the role of speech and action in creating the public realm, this paper focuses on several of Day’s most controversial public positions: her leadership of non-cooperation against Civil Defense drills intended to prepare New York City residents to survive (...) a nuclear war; her urging of Catholics to find common cause with the Cuban revolutionary government; and her support for interracial farming communities in the Southern United States. As Arendt asserts about Rahel Varnhagen’s salon in Berlin, by being public meeting spaces hosted in private houses, Catholic Worker communities fostered egalitarian rather than “agonal” politics. Like Gandhi’s newspapers and ashrams as well as “Occupy” communities such as Zuccotti Park, Day’s newspaper was a center for incubating and implementing social reform. The Catholic Worker provided a place where writers could question the official rhetoric of such conflicts as World War II and the Cold War, put forward different interpretations of unfolding events, and chart possible alternatives to establishment agendas. (shrink)

A constant question that arises when study in H. Odera Oruka's sage philosophy project is, who is a sage? What attributes are necessary? While Oruka tried to provide criteria for categorization of folk and philosophical sages, some critics note that the criteria is not clear, or not clearly applied. This paper focuses on Elijah Masinde, a Kenyan prophet who agitated against British colonialism in Kenya. The question of whether or not Masinde was a sage was debated by H. Odera Oruka (...) and Chaungo Barasa in Oruka's book on sage philosophy. I will suggest that Masinde more closely mirrors the philosophical ideologue as in the Socrates of Plato's Republic who criticizes the present regime by constructing a radically different ideal society. Also, Masinde is an orator and a "gadfly" of sorts, as Socrates is portrayed in the Apology. Masinde is not, however, the empty-handed questioner who claims to have no position. Masinde most often speaks as a prophet who has received a revelation. So, his philosophy must be inferred from these public statements. (shrink)

The paper traces the parallel paths and mutual influences of these three activists in South Africa. The paper points out that Gandhi often took steps in building his movement that echoed some of the same steps that Dube had done just before him. Also, Abdurahman, who had become Gandhi's friend in 1909, advocated for involving women in nonviolent action, and advocated the use of general strike, shortly before Gandhi incorporated both methods in his movement.

This paper will highlight Maathai’s insights regarding empowerment, tracing several important themes in her approach, namely, empowerment’s relationship to self esteem, teamwork, and political action, its ambivalent relationship to formal education, and the role of cultural traditions in providing alternatives to colonial-era cultural impositions and current exploitative effects of neo-liberal capitalism. After reviewing Maathai’s thoughts on each of these topics, I will briefly draw upon other East African thinkers and Africanists’ studies of East African communities to present corroborating evidence for (...) Maathai’s views or for challenges to her position. Listening to the perspectives of Maathai and other East Africans provides several important correctives to current popular uses of the term “empowerment.”. (shrink)

The paper is about H. Odera Oruka's Sage Philosophy project. Oruka interviewed rural sages of Kenya, saying that like Socrates, these wise elders had been philosophizing without writing anything down. Paulin Hountondji (at the time) criticized efforts of oral philosophizing, saying that Africa needed a written tradition of philosophizing. Some philosophers were representatives of an "individualist" position which says that philosophical ideas must be attributed to specific named individuals. Kwame Gyekye instead argued that anonymous community wisdom of Africans had indeed (...) been created by individuals, but individual names were not important to Africans at the time they created the wisdom. The paper then argues that hearing a certain bit of wise philosophy coming from a particular person in an interpersonal oral communication at a certain time and in a certain context can impress an idea upon this listener, commanding their attention in a way that a written text does not, due to the importance of presence in interpersonal communication. Respect for the speaker, and the way in which the speaker uses voice inflection and facial and bodily expressions while communicating all play a role in the message's reception. The paper does not argue that written philosophy or oral philosophy are superior to each other in all ways; rather, each has a strength that the other does not have. (shrink)

The IMF, World Bank, and former colonial powers have put pressure on African countries to adopt multiparty democracy. Because of this pressure, many formerly one‐party states as well as some military dictatorships have embraced Western and Parliamentarian democratic forms. But does this mean that democracy has succeeded in Africa? Ernest Wamba‐dia‐Wamba of the University of Dar‐es‐Saalam and CODESRIA argues that embracing Western paradigms in an unthinking fashion will not bring real democracy, i.e. people's liberation. He advances criticisms of party politics (...) and statism, and suggests that African palaver and people's movements are a surer site of political action. In his criticisms of representative government he parallels the thoughts and criticism of Hannah Arendt. Arendt advocated a council system that shares many of the attributes of African palaver communities. By consulting the criticisms of Arendt and Wamba‐dia‐Wamba, we can see that an easy optimism about the multiparty system is unfounded. (shrink)

Soon after taking power, three leaders of nonviolent African independence movements, Kwame Nkrumah of Ghana, Julius Nyerere of Tanzania, and Kenneth Kaunda of Zambia immediately turned to violent means to suppress internal opposition. The paper examines the reasons for the success of their Gandhian nonviolent tactics in ousting British colonial governments and argues that these new heads of state lost confidence in nonviolence due to a mixture of self-serving expediency, a lack of understanding of nonviolence's many different forms, and the (...) constraints of inheriting a state already dependent on the use of force. (shrink)

Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.

I argue that Oruka’s sages, half of whom were described as arbiters and judges called upon to solve disputes, fulfill Plato’s ideal of a philosopher as a respected, wise thinker who works for the betterment of society. Although the sage has been sidelined in modern academia, even in Africa, Oruka suggests that twentieth-century rural Kenyan sages, with their devotion to community benefit and conversation about practical concerns, are role models for modern Western philosophy, because philosophers everywhere have a duty to (...) warn people about the implications of their actions. (shrink)

Although Hannah Arendt is not known as an advocate of nonviolence per se, her analysis of power dynamics within and between groups closely parallels Gandhi’s. The paper shows the extent to which her insights are compatible with Gandhi’s and also defends her against charges that her description of the world is overly normative and unrealistic. Both Arendt and Gandhi insist that nonviolence is the paradigm of power in situations where people freely consent to and engage in concerted action, and both (...) argue that power structures based on violence and coercion will ultimately fail, because the resort to violence implies an inability to gain free consent or cooperation. Any gains from violence are temporary, since agents will express themselves freely as soon as force is withdrawn. Arendt argues that dominating powers know this, and therefore rely on manipulation, propaganda, and outright lies to win people’s consent, an analysis which can be used to explain some current social dynamics. (shrink)

In the debates regarding the ethics of human enhancement, proponents have found it difficult to refute the concern, voiced by certain bioconservatives, that cognitive enhancement violates the autonomy of the enhanced. However, G. Owen Schaefer, Guy Kahane and Julian Savulescu have attempted not only to avoid autonomy-based bioconservative objections, but to argue that cognition-enhancing biomedical interventions can actually enhance autonomy. In response, this paper has two aims: firstly, to explore the limits of their argument; secondly, and more importantly, to develop (...) a more complete understanding of autonomy and its relation to cognitive enhancement. By drawing a distinction between the capacity for autonomy and the exercise and achievement of autonomy and by exploring the possible effects of cognitive enhancement on both competence and authenticity conditions for autonomy, the paper identifies and explains which dimensions of autonomy can and cannot, in principle, be enhanced via direct cognitive interventions. This allows us to draw conclusions regarding the limits of cognitive enhancement as a means for enhancing autonomy. (shrink)

The paper discusses the concept of "crisis" in the context of the city of Detroit's bankruptcy under the rule of the Governor-appointed Emergency Manager. In their recent book, Judith Butler and Athena Athanasiou discuss the concept of dispossession in all its complexity, in the context of enforced austerity measures in Europe and a global Occupy movement. The concept of “dispossession” clarifies how we actually depend on others in a sustained social world, that in fact the self is social. I will (...) use their reflections as a springboard for analysis of the imposition of an emergency manager on the City of Detroit and the subsequent bankruptcy hearings for the city, which along with the mortgage and foreclosure crisis and now recent water shut-offs have resulted in dispossessing the poorest of the poor from their modest possessions. However Detroit is also the scene of a robust response, as people take to the streets in acts of solidarity to demand their city back. As Athena and Butler caution, activists should not fall into reinforcing the disastrous concept of personhood reinforced by possession. There are other ways of engaging with each other politically to forge a common cause that escape the negative aspects of “possession.” The project of getting people together at the grassroots, knowing each other, finding strength in leaning on each other, finding confidence to challenge the status quo that is tearing communities apart – that is the activism that is ongoing in Detroit. (shrink)

Recent work takes both philosophical and scientific progress to consist in acquiring factive epistemic states such as knowledge. However, much of this work leaves unclear what entity is the subject of these epistemic states. Furthermore, by focusing only on states like knowledge, we overlook progress in intermediate cases between ignorance and knowledge—for example, many now celebrated theories were initially so controversial that they were not known. -/- This paper develops an improved framework for thinking about intellectual progress. Firstly, I argue (...) that we should think of progress relative to the epistemic position of an intellectual community rather than individual inquirers. Secondly, I show how focusing on the extended process of inquiry (rather than the mere presence or absence of states like knowledge) provides a better evaluation of different types of progress. This includes progress through formulating worthwhile questions, acquiring new evidence, and increasing credence on the right answers to these questions. I close by considering the ramifications for philosophical progress, suggesting that my account supports rejecting the most negative views while allowing us to articulate different varieties of optimism and pessimism. (shrink)

I argue that traditional views on which beliefs are subject only to purely epistemic assessment can reject demographic profiling, even when based on seemingly robust evidence. This is because the moral failures involved in demographic profiling can be located in the decision not to suspend judgment, rather than supposing that beliefs themselves are a locus of moral evaluation. A key moral reason to suspend judgment when faced with adverse demographic evidence is to promote social equality—this explains why positive profiling is (...) dubious, along with more familiar cases of negative profiling, and why profiling is suspect even when no particular action is at stake. My suspension-based view, while compatible with revisionary normative positions, does not presuppose them. Philosophers of all stripes can reject demographic profiling both in thought and deed. (shrink)

This piece lays out the framework for a special issue on the topic of "Fits and Misfits," published as volume 7, issue 1 of Puncta: A Journal of Critical Phenomenology. We discuss the relationship between the concept of misfitting, coined by Rosemarie Garland-Thomson, and debility, coined by Jasbir Puar, in relationship to scholarship on Merleau-Ponty. We then introduce each of the eight articles in the special issue: Rosemarie Garland-Thomson's "What Misfitting Makes," Susan Bredlau's "Conversational Accessibility: Healthcare, Community, and the Ethics (...) of Everyday Encounters," Helen A. Fielding's "Being Touched by Wellness: Merleau-Ponty, Nancy, and the Intensive Care Unit," Ann Murphy's "The Spirited Interworld: Caregiving and the Liminal Phenomenology of Dementia," Rachel Elliott's "Sharing Time with Misfits: We-Experience across Bodily Difference," David Morris's "An-Archic Time: Melting the Clock as Hypernorm of the I Can -- and Philosophy," Rebecca Longtin's "Merleau-Ponty's Cézanne as Misfit Artist," and, finally, Laura McMahon's "The Politics of Vulnerability and the School for Peace: Insights from Butler, Merleau-Ponty, and Family Systems Theory.". (shrink)

Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms that (...) apply to individual inquirers. My aim in this paper is to rehabilitate purely statistical evidence by arguing that, given the broader aims of legal systems, there are scenarios in which relying on such evidence is appropriate. Along the way I explain why popular arguments appealing to individual epistemic norms to reject legal reliance on bare statistics are unconvincing, by showing that courts and individuals face different epistemic predicaments (in short, individuals can hedge when confronted with statistical evidence, whilst legal tribunals cannot). I also correct some misconceptions about legal practice that have found their way into the recent literature. (shrink)

I insist that I was able to raise my hand, and I acknowledge that a law would have been broken had I done so, but I deny that I am therefore able to break a law. To uphold my instance of soft determinism, I need not claim any incredible powers. To uphold the compatibilism that I actually believe, I need not claim that such powers are even possible. My incompatibilist opponent is a creature of fiction, but he has his prototypes (...) in real life. He is modeled partly after Peter van Inwagen and partly on myself when I first worried about van Inwagen's argument against compatibilism. (shrink)

This series aims to bring together important recent writing in major areas of philosophical inquiry, selected from a variety of sources. The editor of each volume contributes an introductory essay on the items chosen and on the questions with which they deal. A selective bibliography is appended as a guide to further reading.

Hannah Arendt argues that a revolution must not only tear down, but build up a new government. That new government needs authority and it gets its authority from its founding moment, when peers come together in mutual promise, agreeing to treat each other as equals and obeying laws which they legislate for themselves. The paper then looks at the recent attempts of the U.S. government and its allies to bring democracy to Iraq. The paper argues that given the dynamics necessary (...) at the founding moment, U.S. heavy-handedness in setting up Iraq's new government was counterproductive. Also, while the U.S., through subcontracting with Research Triangle Institute, hoped to give Iraq a pyramid-shaped local governance structure, its diversions from Arendt's model make its success unlikely. (shrink)

The what next question for moral error theorists asks: if moral discourse is systematically error-ridden, then how, if at all, should moral error theorists continue to employ moral discourse? Recent years have seen growing numbers of moral error theorists come to endorse a wider normative error theory according to which all normative judgements are untrue. But despite this shift, the what next question for normative error theorists has received far less attention. This paper presents a novel solution to this question: (...) revolutionary normative subjectivism. Along the way, two primary contributions are advanced. First, a non-normative methodology for answering the normative error theoretic what next question is developed. Second, revolutionary normative subjectivism is presented and defended in accordance with the proposed methodology. (shrink)

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...) instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

“Bodily autonomy” has received significant attention in bioethics, medical ethics, and medical law in terms of the general inviolability of a patient’s bodily sovereignty and the rights of patients to make choices (e.g., reproductive choices) that concern their own body. However, the role of the body in terms of how it can or does contribute to a patient’s capacity for, or exercises of their autonomy in clinical decision-making situations has not been explicitly addressed. The approach to autonomy in this paper (...) is aligned with traditional theories that conceive autonomy in terms of an individual’s capacities for, and exercises of rational reflection. However, at the same time, this paper extends these accounts by arguing that autonomy is, in part, embodied. Specifically, by drawing on phenomenological conceptions of the experience of autonomy, we argue that, in principle, the body is a necessary component of the capacity for autonomy. Secondly, through the presentation of two different cases, we highlight ways in which a patient’s body can contribute to the autonomy of treatment choices. Ultimately, we hope to encourage others to explore additional conditions under which a concept of embodied autonomy should be employed in medical decision making, how its underlying principles might be operationalised in clinical situations, and its consequences for approaches to patient autonomy in healthcare practice, policy, and law. (shrink)

This paper is about the similarity between the appreciation of a piece of art, such as a cherished music album, and the loving appreciation of a person whom one knows well. In philosophical discussion about the rationality of love, the Qualities View (QV) says that love can be justified by reference to the qualities of the beloved. I argue that the oft-rehearsed trading-up objection fails to undermine the QV. The problems typically identified by the objection arise from the idea that (...) love-worthy qualities could be coarse-grained, when in fact they must be fine-grained. The analogy with appreciation of aesthetic qualities helps to draw out this point. Once the fine-grained nature of love-worthy qualities is properly understood, it is clear that critics of the QV cannot rely on the trading-up objection to motivate its rejection. Moreover, the paper’s core argument helps to illuminate the persistently aesthetic nature of interpersonal affections. (shrink)

Phenomenology gives rise to certain ontological considerations that have far-reaching implications for standard conceptions of patient autonomy in medical ethics, and, as a result, the obligations of and to patients in clinical decision-making contexts. One such consideration is the phenomenological reduction in classical phenomenology, a core feature of which is the characterisation of our primary experiences as immediately and inherently meaningful. This paper builds on and extends the analyses of the phenomenological reduction in the works of Husserl, Heidegger, and Merleau-Ponty (...) in order to identify and explain its implications for our current understanding of the principle of respect for patient autonomy and the norms of clinical decision making. (shrink)

ABSTRACT A thriving project in contemporary epistemology concerns identifying and explicating the epistemic virtues. Although there is little sustained argument for this claim, a number of prominent sources suggest that curiosity is an epistemic virtue. In this paper, I provide an account of the virtue of curiosity. After arguing that virtuous curiosity must be appropriately discerning, timely and exacting, I then situate my account in relation to two broader questions for virtue responsibilists: What sort of motivations are required for epistemic (...) virtue? And do epistemic virtues need to be reliable? I will sketch an account on which curiosity is only virtuous when rooted in a non-instrumental appreciation of epistemic goods, before arguing that curiosity can exhibit intellectual virtue irrespective of whether one is reliable in satisfying it. (shrink)

This paper defends the heretical view that, at least in some cases, we ought to assign legal liability based on purely statistical evidence. The argument draws on prominent civil law litigation concerning pharmaceutical negligence and asbestos-poisoning. The overall aim is to illustrate moral pitfalls that result from supposing that it is never appropriate to rely on bare statistics when settling a legal dispute.

In the debates regarding the ethics of human organoid biobanking, the locus of donor autonomy has been identified in processes of consent. The problem is that, by focusing on consent, biobanking processes preclude adequate engagement with donor autonomy because they are unable to adequately recognise or respond to factors that determine authentic choice. This is particularly problematic in biobanking contexts associated with organoid research or the clinical application of organoids because, given the probability of unforeseen and varying purposes for which (...) a donor’s organoids could be employed and given the different ways in which a donor can relate to her biospecimens, a donor can value her organoids differently in different contexts and her reasons for autonomously permitting use of her cells and tissues in one case may not support an autonomous decision in another. In response, this paper has three aims: firstly, to make the case for why organoid biobanks ought to respect donor autonomy conceived as authentic choice; secondly, to explore the autonomy-respecting limits of established and widely prevalent models of biobank consent; and thirdly, to propose certain conditions that organoid biobanks ought to support or facilitate in order to respect donor autonomy. (shrink)

The High Court continues to exercise its inherent jurisdiction to make declarations about interventions into the lives of situationally vulnerable adults with mental capacity. In light of protective responses of health care providers and the courts to decision-making situations involving capacitous vulnerable adults, this paper has two aims. The first is diagnostic. The second is normative. The first aim is to identify the harms to a capacitous vulnerable adult’s autonomy that arise on the basis of the characterisation of situational vulnerability (...) and autonomy as fundamentally opposed concepts or the failure to adequately acknowledge the conceptual relationship between them at common law. The second part of this aim is to draw upon developments in analytic feminist philosophy to illustrate how standard approaches to autonomy are ill-equipped to capture the autonomy issues of capacitous vulnerable adults when their decisions regarding care and treatment are at stake. The second (normative) aim is to develop an account of self-authorised, intersubjective autonomy on the basis of analytic feminist insights into the relational practices of recognition. This account not only attempts to capture the autonomy of capacitous vulnerable adults and account for the necessary harms to their autonomy that arise from standard common law responses to their situational vulnerability, it is also predicated on the distinctions between mental capacity, the satisfaction of conditions for informed consent and the exercise of autonomy, meaning that it is better placed to fulfil the primary aim of the inherent jurisdiction – to facilitate the autonomy of vulnerable adults with capacity. (shrink)

Smajdor argues that “recognition” is the solution to the “reifying attitude” that results from “the urge to protect ‘vulnerable’ people through exclusion from research”. Drawing on theories of reification, we argue that it is the concepts of autonomy and vulnerability themselves that have been reified, resulting in the impoverishment of approaches to autonomy at law and in research ethics. Overcoming such reification demands a deeper consideration of the grounds on which vulnerable individuals are owed recognition and thereby the forms such (...) recognition should take. Smajdor argues for a recognition that appeals to autonomy and that manifests in providing vulnerable individuals with the opportunity to assent. The problem is that this kind of recognition is dependent on a more fundamental kind. It is this second form of recognition that would need to do the heavy lifting for assent-based frameworks to avoid the same problems we find with consent. (shrink)

This paper focuses on evaluating Odera Oruka’s role as an expert witness in customary law for the Luo community during the Nairobi, Kenya-based trial in 1987 to decide on the place of the burial of S.M. Otieno. During that trial, an understanding of Luo burial and widow guardianship (ter) practices was essential. Odera Oruka described the practices carefully and defended them against misunderstanding and stereotype. He revisited related topics in several delivered papers, published articles, and even interviews and columns in (...) the Kenyan newspapers. The paper will raise the questions: How does Odera Oruka’s role as expert on Luo customs fit in with his sage philosophy project? In his testimony at the trial and subsequent public addresses and published work, does he accomplish two important goals, the first being defending African traditions against prejudice and anti-African bias, and secondly, does he champion reform of traditions when reform is needed? And, can Odera Oruka’s participation in the famous trial avoid seeming ethnic chauvinism and marginalization of women? My conclusion is that he achieves the first goal, but some problems remain in the achievement of the other goals. While he often asserted the need to evaluate traditions and to jettison those that have become unhelpful, in this context he evaluated traditions so strongly that the need for evaluation and possible change was muted. (shrink)

A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are multiple sources of (...) incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (shrink)