This paper explores how transformative experience generates decision-making problems of particular seriousness in medical settings. Potentially transformative experiences are especially likely to be encountered in medicine, and the associated decisions are confronted jointly by patients and clinicians in the context of an imbalance of power and expertise. However in such scenarios the principle of informed consent, which plays a central role in guiding clinicians, is unequal to the task. We detail how the principle’s assumptions about autonomy, rationality and information handle (...) transformative experiences poorly, appealing to several difficult cases for medical decision-making to illustrate the resulting problem, and we consider how the existing literature on complications with consent fails to offer a resolution. We argue that recognition of the problem has a role to play in achieving a more effective response to transformative decisions. In Sect. 1 we introduce several representative cases of challenging patient decision-making that clinicians might face. In Sect. 2 we detail how transformative experience has been analysed in the recent literature, before outlining in Sect. 3 the theoretical basis of the principle of informed consent, which plays a central role in how clinicians are expected to support decision-making. In Sect. 4, having laid the groundwork for a clear description, we return to the cases given in Sect. 1 to confirm how their transformative nature presents a problem: either clinicians treat the decisions faced by these patients as ‘normal’, encouraging them to focus on information provision that patients may be unable to act on, or they treat them as transformative, in which case they lack the resources to recognise whether they are helping patients make (subjectively) good decisions. In Sect. 5 we argue that the existing literature does not offer any escape from this problem. We close in Sect. 6 by noting the significant impact that appreciating the problem of transformative experience could have on supporting transformative decisions in medicine and briefly suggesting how we might aim to develop new approaches to dealing with these. (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)

According to the scientific image, aesthetic experience is constituted by private reverie or mindless gratification of some kind. This image fails to fully acknowledge the theoretical and hence cultural aspect of perception, which includes aesthetic experience. This chapter reframes aesthetic reflective judgment in terms of perceptual processes (section 2); intentional pleasure (section 3); non-perceptually represented perceptual properties (section 4); and intersubjectivity (section 5). By clarifying the relevant terms, the liberal naturalist account of the sublime provides the link between the sublime (...) and moral motivation (section 6). (shrink)

The standard cognitive theory of art claims that art can be insightful while maintaining that imagining is motivationally inert [Walton 1990] even when some epistemic advantage is claimed for it [Currie 1995]. However, if we assume art as art can be insightful, we also assume that the imagining it occasions has a lasting impact on belief. In this chapter, I argue that imagining of the kind occasioned by art can be held non-occurrently [Schellenberg 2013] without delusion and can motivate behaviour (...) [Gendler 2000, 2003, 2006a/b; Langland-Hassan 2016]. As such, certain features of imagination can be appreciated in a new light. (shrink)

The Pythagorean tradition dominates the understanding of beauty up until the end of the 18th Century. According to this tradition, the experience of beauty is stimulated by certain relations perceived to be between an object/construct's elements. As such, the object of the experience of beauty is indeterminate: it has neither a determinate perceptual analogue (one cannot simply identify beauty as you can a straight line or a particular shape) nor a determinate concept (there are no necessary and sufficient conditions for (...) beauty at the semantic level). By the 13th Century in the West, the pleasure experienced in beauty is characterized as disinterested. Yet, on the basis that all cultural manifestations of the pythagorean theory of beauty recognize that judgments of beauty are genuine judgments, we would want to say that judgments of beauty are lawful. In addition, from ancient times, up until after Kant, philosophers of beauty within this tradition recognize two kinds of beauty: a universal, unchanging beauty coexisting with a relative, dynamic beauty. These two kinds of beauty and the tensions discussed above, are reconciled and dissolved respectively, according to the metaphysical/religious commitments of the particular author. As yet, however, these features of beauty have not been reconciled within a physicalist worldview. This is what I set out to do. (shrink)

<The definitive version is available at www.blackwell-synergy.com > -- In this paper I carve out a space between the concept of "the object" and the seemingly endless ways in which "the object" can be represented pictorially. I will call the aspect of the pictorial representation which is made possible by this space, the pictorial representation's "style". I will explore this space by drawing upon theories of pictorial representation, leaving out, for the sake of my purposes here, a consideration of the (...) artist's intention. That an attribution of "style" can be comprehensive while leaving out a consideration of artists' intentions, I will argue by adopting the conceptual framework of Paul Thom's theory of interpretation. Before embarking on my project, I begin with a brief overview of the rather slippery notion of "style". (shrink)

The sublime is an aspect of experience that has attracted a great deal of scholarship, not only for scholarly reasons but because it connotes aspects of experience not exhausted by what Descartes once called clear distinct perception. That is, the sublime is an experience of the world which involves us in orientating ourselves within it, and this orientation, our human orientation, elevates us in comparison to the non-human world according to traditional accounts of the sublime. The sublime tells us something (...) about our relation to the world rather than anything about the world per se. Nonetheless there is an objective sense of the sublime in that the narratives involved are culturally endorsed rather than invented by an individual. This means that objects can be judged worthy or not of evoking experiences of the sublime. In other words, it is not an idiosyncratic matter. Immanuel Kant’s formulation of this involved explaining how such an experience is possible in terms of his system of the mind. Jane Forsey notes that Kant takes the features of the sublime as given and extrapolates from them certain features of the mind as if any concept of the sublime must implicate the mental architecture of his account (2007). Further to this she argues that in fact the concept of the sublime does implicate a particular system of the mind but neither Kant nor anyone else can successfully formulate it because the concept itself frames certain contradictions. According to Forsey, two consequences follow. First she argues that Kant’s system of the mind does not support the features of the sublime; and secondly that no system could as the very concept is incoherent. If Forsey can show that Kant was mistaken in presenting his account as coherent given his commitments, this would be of interest in its own right. However, her stronger claim is that we cannot separate any concept of the sublime out from Kant’s theoretical underpinnings. That the way the features of the mind are meant to operate in experiences of the sublime are contradictory simply points to the fatal flaws in the whole concept. Her conclusion is that there is no coherent account of the sublime available to us. I will argue that Forsey bases her reasoning on the assumption that a foundational empiricist or direct perception holds; and she interprets Kant’s notions of imagination, understanding and reason as though they are grounded in just such an account of perception. This is revealed in her interpretation of Kant’s phrase “beyond cognition”. Once this foundationalism is replaced with an account of perception more aligned with current research on perception, both philosophical and empirical, then an account of the sublime is available. Further to this however, I argue that what constitutes the narrative of the sublime is historically contingent. Before setting out my arguments, I consider Forsey’s argument in more detail. (shrink)

If we conceive of ourselves as animals, it might be accurate to call us visual animals. The visual cortex is much larger in us relative to the size of our brains than in other animals, and large relative to the parts of the cortex responsible for the transmission of signals emanating from the other perceptual transducers. Our ability to recall visual images, recombine them in imagination and enter imaginatively into narratives is linked to this evolved piece of brain architecture. However, (...) what this means within the context of human culture is not so clear. A large visual cortex might not necessarily translate into a heightened susceptibility for fine visual distinctions over auditory or kinetic distinctions, at least not in all cultural contexts. (shrink)

Beauty is evil, a surreptitious diversion of earthly delights planted by the devil, according to the third century theologian-philosopher Tertullian. Beauty is a manifestation of the divine on earth, according to another third century philosopher, Plotinus. Could these two really be talking about the same thing? That beauty evokes an experience of pleasure is probably the only point on which all participants in the continuing debate on beauty agree. But what kinds of pleasure one considers relevant to an experience of (...) beauty, is the crux of the problem of beauty. In ancient, medieval and eighteenth century philosophy, the problem of beauty was framed by the larger concern of what constituted a good life. The question regarding the nature of beauty was answered with a view to its role in achieving the good life for those who cultivated its apprehension. In the twentieth century, philosophers framed the problem of beauty as a problem for conceptual analysis. The questions asked were: Is beauty subjective or objective? Are there properties in the object that count towards beauty in all cases; that are sufficient or necessary for an object to be judged beautiful? What kind of pleasure is the pleasure we experience of beauty? I will examine how these questions can be seen to have been answered by earlier philosophical traditions and then I will use these questions as a guide to developing an explanatory theory of beauty based on contemporary theories of perception. (shrink)

Humean compatibilism is the combination of a Humean position on laws of nature and the thesis that free will is compatible with determinism. This article's aim is to situate Humean compatibilism in the current debate among libertarians, traditional compatibilists, and semicompatibilists about free will. We argue that a Humean about laws can hold that there is a sense in which the laws of nature are 'up to us' and hence that the leading style of argument for incompatibilism?the consequence argument?has a (...) false premiss. We also display some striking similarities between Humean compatibilism and libertarianism, an incompatibilist view. For example, standard libertarians face a problem about luck, and we show that Humean compatibilists face a very similar problem. (shrink)

This paper comments on an article by V.S. Ramachandran and William Hirstein (JCS,1999) in which they purport to be identifying the neurological principles of beauty. I draw attention to the way the problem of beauty is construed in the philosophical literature by Mary Mothersill (1984) and Immanuel Kant (Critique of Judgment). I argue that Ramachandran and Hirsteins' principles do not address the problem of beauty because they do not differentiate between the experience of beauty and other closely related phenomena. I (...) then show how one might address the problem of beauty within the framework that they have adopted. (shrink)

At a time when professional art criticism is on the wane, the ancient quarrel between art and philosophy demands fresh answers. Professional art criticism provided a basis upon which to distinguish apt experiences of art from the idiosyncratic. However, currently the kind of narratives from which critics once drew are underplayed or discarded in contemporary exhibition design where the visual arts are concerned. This leaves open the possibility that art operates either as mere stimulant to private reverie or, in the (...) more contentful cases, as propaganda. The ancient quarrel between art and philosophy is that art influences surreptitiously while philosophy presents reasons that invite rational scrutiny. As such, in contrast to philosophy, art would undermine our agency. In July 2017, a group of philosophers gathered at the Art Gallery of NSW (AGNSW), in Sydney, Australia, in the presence of two AGNSW curators to explore the basis of their own experiences of selected artworks. Here, those commentaries are reproduced. Each reveal that objective grounds for an experience of art can be based in the community from which one draws one’s terms of reference. In our commentaries we see the expertise of the respective philosophical communities but other communities of culture or expertise might serve the same purpose and hence resolve the ancient quarrel. Before hearing these commentaries, I explain what is at stake when the ancient quarrel between art and philosophy is understood in contemporary terms. This Issue of the Curator also includes an article on the community-based art criticism that emerges from these commentaries followed by an exhibition review which reveals the incorrigible impulse (also demonstrated in the commentaries) to find the basis for the most apt experience of an artwork. A response by the AGNSW curators completes this issue. (shrink)

Similarity and difference, patterns of variation, consistency and coherence: these are the reference points of the philosopher. Understanding experience, exploring ideas through particular instantiations, novel and innovative thinking: these are the reference points of the artist. However, at certain points in the proceedings of our Symposium titled, Next to Nothing: Art as Performance, this characterisation of philosopher and artist respectively might have been construed the other way around. The commentator/philosophers referenced their philosophical interests through the particular examples/instantiations created by the (...) artist and in virtue of which they were then able to engage with novel and innovative thinking. From the artists’ presentations, on the other hand, emerged a series of contrasts within which philosophical and artistic ideas resonated. This interface of philosopher-artist bore witness to the fact that just as art approaches philosophy in providing its own analysis, philosophy approaches art in being a co-creator of art’s meaning. In what follows, we discuss the conception of philosophy-art that emerged from the Symposium, and the methodological minimalism which we employed in order to achieve it. We conclude by drawing out an implication of the Symposium’s achievement which is that a counterpoint to Institutional theories of art may well be the point from which future directions will take hold, if philosophy-art gains traction. (shrink)

Aesthetics is not an area to which the Stoics are normally understood to have contributed. I adopt a broad description of the purview of Aesthetics according to which Aesthetics pertains to the study of those preferences and values that ground what is considered worthy of attention. According to this approach, we find that the Stoics exhibit an Aesthetic that reveals a direct line of development between Plato, the Stoics, Thomas Aquinas and the eighteenth century, specifically Kant’s aesthetics. I will reveal (...) an interpretation of the aesthetic of the Stoics which has more explanatory power for the history of aesthetic theory than a history of aesthetic theory which leaves out the Stoics. (shrink)

In this paper we analyse the ideas implicit in the style of exhibition favoured by contemporary galleries and museums, and argue that unless the audience is empowered to ascribe meaning and significance to artwork through critical dialogue, the power not only of the audience is undermined but also of art. We argue that galleries and museums preside over an experience economy devoid of art, unless (i) indeterminacy is understood, (ii) the critical rather than coercive nature of art is facilitated, and (...) (iii) the conditions for inter-subjectivity are met. (shrink)

This paper argues that public statues of persons typically express a positive evaluative attitude towards the subject. It also argues that states have duties to repudiate their own historical wrongdoing, and to condemn other people’s serious wrongdoing. Both duties are incompatible with retaining public statues of people who perpetrated serious rights violations. Hence, a person’s being a serious rights violator is a sufficient condition for a state’s having a duty to remove a public statue of that person. I argue that (...) this applies no less in the case of the ‘morally ambiguous’ wrongdoer, who both accomplishes significant goods and perpetrates serious rights violations. The duty to remove a statue is a defeasible duty: like most duties, it can be defeated by lesser-evil considerations. If removing a statue would, for example, spark a violent riot that would risk unjust harm to lots of people, the duty to remove could be outweighed by the duty not to foreseeably cause unjust harm. This would provide a lesser-evil justification for keeping the statue. But it matters that the duty to remove is outweighed, rather than negated, by these consequences. Unlike when a duty is negated, one still owes something in cases of outweighing. And it especially matters that it is outweighed by the predicted consequences of wrongful behaviour by others. (shrink)

In this paper I suggest ways in which vision theory and psychology of perception may illuminate our understanding of beauty. I identify beauty as a phenomenon which is (i) ineffable, (ii) subjectively universal (intersubjective), and (iii) manifested in objects as formal structure. I present a model of perception by which I can identify a representation whose underlying principles would explain these features of beauty. The fact that these principles underlie the representation rather than constitute the content of representation, provides an (...) explanation for the ineffability and subjective universality of the perception of beauty in the form of objects. In part one, I set out two models of perception conducive to this approach. In part two, I suggest how such theories can offer a way of explaining and understanding the experience of beauty. (shrink)

A discussion of the way the visual artists represented in Adelaide’s 2012 Biennale draw attention to new conceptions of place, time and self which highlight the contingent nature of the narratives that underlie our day to day existence. Disenchantment or re-enchantment are increasingly redundant conceptions. Such narratives are always fluid. Among the ebbs and flows, new conceptions emerge, providing in effect new ways of being in the world, and in turn prompting a reshuffling of what we thought we knew.

Aesthetic autonomy has been given a variety of interpretations, which in many cases involve a number of claims. Key among them are: (i) art eludes conventional conceptual frameworks and their inherent incompatibility with invention and creativity; and (ii) art can communicate aspects of experience too fine‐grained for discursive language. To accommodate such claims one can adopt either a convention‐based account or a natural‐kind account. A natural‐kind theory can explain the first but requires some special scaffolding in order to support the (...) second, while a convention‐based account accommodates the second but is incompatible with the first. Theodor W. Adorno attempts to incorporate both claims within his aesthetic theory, but arguably in his aesthetic theory each is cancelled out by the other. Art’s independence of entrenched conceptual frameworks needs to be made compatible with its communicative role. Jürgen Habermas, in contrast, provides a solution by way of his theory of language. I draw upon the art practice of the contemporary Icelandic‐Danish artist Olafur Eliasson in order to demonstrate this. (shrink)

This paper presents a dilemma which it has been alleged by Kim Frost must be faced by any defender of the notion of a two-way power and offers a solution to the dilemma which is distinct from Frost’s own. The dilemma is as follows: assuming that powers are to be individuated by what they are powers to do or undergo, then either there is a unified description of the manifestation-type which individuates the power, or there is not. If there is, (...) then two-way powers are revealed really to be one-way powers, after all. If there is not, then it is difficult to explain why the two-way power does not simply dissolve into a mere combination of two one-way powers. The paper offers an account of what a two-way power is that is distinct from the one Frost takes for granted, and argues that this different conception is the key to avoiding the dilemma. It is also argued that this alternative conception has several further advantages over its rival and also that it has no less of a claim than Frost’s notion to be prefigured in Aristotle’s original discussion. (shrink)

This paper argues, by attention to the category of sub-intentional agency, that many conceptions of the nature of agency are 'over-mentalised', in that they insist that an action proper must be produced by something like an intention or a reason or a desire. Sub-intentional actions provide counterexamples to such conceptions. Instead, it is argued, we should turn to the concept of a two-way power in order to home in on the essential characteristics of actions.

I identify two mutually exclusive notions of formalism in Kant’s Critique of Aesthetic Judgement: a thin concept of aesthetic formalism and a thick concept of aesthetic formalism. Arguably there is textual support for both concepts in Kant’s third critique. I offer interpretations of three key elements in the Critique of Aesthetic Judgement which support a thick formalism. The three key elements are: Harmony of the Faculties, Aesthetic Ideas and Sensus Communis. I interpret these concepts in relation to the conditions for (...) theoretical Reason, the conditions for moral motivation and the conditions for intersubjectivity, respectively. I conclude that there is no support for a thin concept of aesthetic formalism when the key elements of Kant’s Critique of Aesthetic Judgement are understood in the context of his broader critical aims. (shrink)

Plato conceived of the Form of Beauty as quite distinct from the Form of the Good. Beauty was a means to the Good. The ascent theory of the Symposium has suggested to some commentators that Plato envisaged two kinds of beauty, the sensuous and the intellectual, and that to reach the Good we must transcend our sensuous desires and cultivate an appreciation of intellectual beauty. However, in the Laws Plato presents us with a third notion of beauty, which is neither (...) sensuous nor intellectual. To experience beauty we need to cultivate our pleasure in harmonious forms. This is where we find a theory of beauty that resonates in Kant’s aesthetic theory. According to the latter, the feeling for beauty is a feeling for harmony that takes us beyond the confines of a world marked out by self-interest. I conclude that Plato’s aesthetic theory anticipates the role that aesthetic judgment would play in Immanuel Kant’s system of the mind. (shrink)

In her ‘Causality and Determination’, Anscombe argues for the strong thesis that despite centuries of philosophical assumption to the contrary, the supposition that causality and necessity have something essential to do with one another is baseless. In this paper, I assess Anscombe’s arguments and endorse her conclusion. I then attempt to argue that her arguments remain highly relevant today, despite the fact that most popular general views of causation today are firmly probabilistic in orientation and thus show no trace of (...) the assumptions Anscombe hoped to undermine. My suggestion is that Anscombe's interests in causality are distinct from those which mostly animate the modern debate about the general nature of causality and that in those specialized areas of philosophy in which those concerns still dominate, one can still see the effects of the fallacies and confusions to which she alerts us. I conclude by offering two possible complementary explanations of the tendency to suppose that causation is a variety of necessitation. (shrink)

Singularists about causation often claim that we can have experiences as of causation. This paper argues that regularity theorists need not deny that claim; hence the possibility of causal experience is no objection to regularity theories of causation. The fact that, according to a regularity theorist, causal experience requires background theory does not provide grounds for denying that it is genuine experience. The regularity theorist need not even deny that non-inferential perceptual knowledge of causation is possible, despite the fact that (...) such knowledge would sometimes allow us to make inferences about what happens in far-off places and times. (shrink)

This essay presents the nature of aesthetic judgment, the significance of aesthetic judgment and finally, the relevance of art to understanding aesthetic judgment.

Each chapter covers one topic and largely consists of brief summaries of arguments for and against various themes. The topic of the first chapter is whether and on what basis a film can be considered art. Photography is used as an analogy. The arguments range from considering the mechanical form of cinema as an obstacle to arthood to arguments considering cinema’s mechanical nature as essential to its arthood; the former by those who ground art in human agency, the latter by (...) those who ground art in some conception of verisimilitude. Those worried by the former argument, emphasize editing and montage effects as the essential aspects of cinema, the idea being that the less representational veracity a film presented, the more it could be classified as art. On the other hand, for those who equate the art of film with verisimilitude, it is argued that the realism of film is superior to the realism of the other representational arts due to film’s retrieval of images as opposed to merely representing them. (shrink)

In recent years, calls have been made to address the relative dearth of qualitative sociological investigation into the sensory dimensions of embodiment, including within physical cultures. This article contributes to a small, innovative and developing literature utilizing sociological phenomenology to examine sensuous embodiment. Drawing upon data from three research projects, here we explore some of the ‘sensuousities’ of ‘intense embodiment’ experiences as a distance-running-woman and a boxing-woman, respectively. Our analysis addresses the relatively unexplored haptic senses, particularly the ‘touch’ of heat. (...) Heat has been argued to constitute a specific sensory mode, a trans-boundary sense. Our findings suggest that ‘lived’ heat, in our own physical-cultural experiences, has highly proprioceptive elements and is experienced as both a form of touch and as a distinct perceptual mode, dependent upon context. Our analysis coheres around two key themes that emerged as salient: (1) warming up, and (2) thermoregulation, which in lived experience were encountered as strongly interwoven. (shrink)

In this paper Beebee argues that the problem of induction, which she describes as a genuine sceptical problem, is the same for Humeans than for Necessitarians. Neither scientific essentialists nor Armstrong can solve the problem of induction by appealing to IBE, for both arguments take an illicit inductive step.

Epistemic peer disagreement raises interesting questions, both in epistemology and in philosophy of science. When is it reasonable to defer to the opinion of others, and when should we hold fast to our original beliefs? What can we learn from the fact that an epistemic peer disagrees with us? A question that has received relatively little attention in these debates is the value of epistemic peer disagreement—can it help us to further epistemic goals, and, if so, how? We investigate this (...) through a recent case in paleoanthropology: the debate on the taxonomic status of Homo floresiensis remains unresolved, with some authors arguing the fossils represent a novel hominin species, and others claiming that they are Homo sapiens with congenital growth disorders. Our examination of this case in the recent history of science provides insights into the value of peer disagreement, indicating that it is especially valuable if one does not straightaway defer to a peer’s conclusions, but nevertheless remains open to a peer’s evidence and arguments. (shrink)

This paper considers the analogies and disanalogies between a certain sort of argument designed to oppose scepticism about free will and a certain sort of argument designed to oppose scepticism about the external world. In the case of free will, I offer the ancient Lazy Argument and an argument of my own, which I call the Agency Argument, as examples of the relevant genre; and in the case of the external world, I consider Moore’s alleged proof of an external world. (...) I draw attention to analogies and disanalogies between the arguments offered in each case in order to suggest that although the Agency Argument shares with its Moorean relative the unfortunate property of being dialectically ineffective against some of those it is mainly hoping to convince, it will not be dialectically ineffective against all of them. It is also argued that the Agency Argument is less vulnerable than Moore’s proof to worries about its justificatory structure. (shrink)

In a recent paper, Michael Huemer provides a new interpretation for ‘N’, the operator that occurs in Peter van Inwagen’s Consequence Argument, and argues that, given that interpretation, the Consequence Argument is sound. I have no quarrel with Huemer’s claim that the Consequence Argument is valid. I shall argue instead that his defense of its premises—a defense that allegedly involves refuting David Lewis’s response to van Inwagen—is unsuccessful.

According to common-sense morality, agents can become morally connected to the wrongdoing of others, such that they incur special obligations to prevent or rectify the wrongs committed by the primary wrongdoer. We argue that, under certain conditions, voluntary and unjustified observation of another agent’s degrading wrongdoing, or of the ‘product’ of their wrongdoing, can render an agent morally liable to bear costs for the sake of the victim of the primary wrong. We develop our account with particular reference to widespread (...) modern phenomena such as so-called ‘revenge porn’, ‘up-skirting’, and the online observation of sexual assault and murder. On our account, observation is not a sui generis basis of liability. Instead, observation grounds liability in virtue of manifesting three, more general, grounds of liability. First, observation can compound a primary wrong, making that wrong more harmful for the victim. Second, observation can constitute degrading treatment of the victim. Third, in certain cases observation can enable primary wrongdoing. We conclude by discussing the conditions under which observing degrading wrongs might be morally justified. (shrink)

Howard’s moral fortification theory of criminal punishment lends itself to justifying correction for children in schools that is supportive. There are good reasons to include other students in the learning opportunity occasioned by doing right in response to wrong, which need not exploit the wrongdoing student as a mere means. Care ethics can facilitate restorative and problem-solving approaches to correction. However, there are overriding reasons against doing so when this stigmatises the wrongdoing student, since this inhibits their learning. Responses that (...) avoidably stigmatise students impermissibly undermine both the developmental ethos of education, and students’ recognition and respect for each other as equals. (shrink)

Biological sex should be “acknowledged” and “accepted”—but which responses to gender dysphoria might this preclude? Trans-identified people may factually acknowledge their biological sex and regard transition as purely palliative. While generally some level of self-deception and even a high level of nonlying deception of others are sometimes justified, biological sex is important, and there is a nontrivial onus against even palliative, nonsexually motivated cross-dressing. The onus is higher against co-opting the body, even in a minor and/or reversible way, to make (...) a false communication concerning one’s sex. Hardest to defend is the destruction of sexual–reproductive functions and causally downstream functions such as lactation: due to the transcendent nature of sexual–reproductive functions, an appeal to the “principle of totality” here is misplaced. This is not to say that social, and milder medical, transition is absolutely excluded even for severe unmanageable dysphoria, nor that subsequent to any transition, detransition is necessarily required. (shrink)

The aim of this paper is to draw the attention of those conducting research on imagery to the different kinds of visual information deployed by expert drawers compared to non-expert drawers. To demonstrate this difference I draw upon the cognitive science literature on vision and imagery to distinguish between three different ways that visual phenomena can be represented in memory: structural descriptions, denotative descriptions, and configural descriptions. Research suggests that perception and imagery deploy the same mental processes and that the (...) drawing of one's imagery would require the simultaneous deployment of these very processes. I reason that drawing a picture of one's imagery is not possible. I hypothesize that when required to draw a picture from memory, both expert and non-expert drawers access their denotative description of the object rather than their imagery. I then suggest how my hypothesis could be tested and if accurate, how this finding would impact upon the design and interpretation of experiments on imagery when drawing is involved. I also suggest why the constraints that perception places upon the simultaneous deployment of imagery appear not to cause the same constraints in autistic savant drawers and visual agnosia patients. (shrink)

In this paper, I explore the question what a continuant is, in the context of a very interesting suggestion recently made by Rowland Stout, as part of his attempt to develop a coherent ontology of processes. Stout claims that a continuant is best thought of as something that primarily has its properties at times, rather than atemporally—and that on this construal, processes should count as continuants. While accepting that Stout is onto something here, I reject his suggestion that we should (...) accept that processes are both occurrents and continuants; nothing, I argue, can truly occur or happen, which does not have temporal parts. I make an alternative suggestion as to how one might deal with the peculiar status of processes without jettisoning a very natural account of occurrence; and assess the consequences for the category of continuant. (shrink)

The aim of this book is to promote understanding and enjoyment of the arts. With this aim in mind, Lyas introduces the key issues of philosophical aesthetics through examples drawn from high and popular culture, and from a variety of art forms, from music and painting to literature and poetry. The book is pitched as a springboard into undergraduate courses in aesthetics and as an introduction to philosophical aesthetics for the general reader. It is refreshing to read a book on (...) aesthetics written by someone for whom problems in aesthetics are more than just grist for the academic mill. That this is the case shows not only in his choice of examples but also in the perspective he brings to them. Lyas argues, for example, that one must feel the merit of the work for oneself; rather then simply, as he puts it, assuming 'that certain things are worth studying ("in the canon" as they put it)' and then performing 'various classificatory dances round them' (p.75). The question for appreciation, he reminds us, is why those things in the canon deserve to be there. According to Lyas, teaching aesthetics is not simply a matter of imparting a body of knowledge to the student. Instead, the teacher's role is to develop capacities in the student for an appreciative experiencing (p.131). (shrink)

The paper considers whether psychiatric kinds can be natural kinds and concludes that they can. This depends, however, on a particular conception of ‘natural kind’. We briefly describe and reject two standard accounts – what we call the ‘stipulative account’ (according to which apparently a priori criteria, such as the possession of intrinsic essences, are laid down for natural kindhood) and the ‘Kripkean account’ (according to which the natural kinds are just those kinds that obey Kripkean semantics). We then rehearse (...) a more permissive account: Richard Boyd’s ‘homeostatic property cluster’ (HPC) account. We argue that psychiatric kinds can in principle count as natural kinds on the HPC account. Moreover, specific psychiatric kinds (Tourette’s, schizophrenia, etc.) can be natural kinds even if the category psychiatric disorder is not itself a natural kind. (shrink)

According to ‘regularity theories’ of causation, the obtaining of causal relations depends on no more than the obtaining of certain kinds of regularity. Regularity theorists are thus anti-realists about necessary connections in nature. Regularity theories of one form or another have constituted the dominant view in analytic Philosophy for a long time, but have recently come in for some robust criticism, notably from Galen Strawson. Strawson’s criticisms are natural criticisms to make, but have not so far provoked much response from (...) regularity theorists. The paper considers and rebuts Strawson’s objections. For example, Strawson claims that if there were no necessary connections in nature, we ought continually to find the regularity of the Universe surprising. I argue that the fact that the Universe is regular is something we take ourselves (fallibly) to know, and hence, in the light of this knowledge, its continued orderliness is not at all surprising. -/- . (shrink)

In this paper, I consider whether an argument for compatibilism about free will and determinism might be developed from the thought that God’s agency seems consistent with the rational determination of at least some divine actions by the True and the Good. I attempt to develop such an argument and then consider how to respond to it from the point of view of my own position, which I call Agency Incompatibilism. I argue that a crucial premise in the argument is (...) ambiguous and offer responses to the argument on behalf of the Agency Incompatibilist, on each of the two disambiguations. (shrink)

Many criminal offenders come from disadvantaged backgrounds, which punishment entrenches. Criminal culpability explains some disadvantageous treatment in state-offender interactions; yet offenders remain people, and ‘some mother’s child’, in Eva Kittay’s terms. Offending behaviour neither erases needs, nor fully excuses our responsibility for offenders’ needs. Caring is demanded in principle, recognising the offender’s personhood. Supporting offenders may amplify welfare resources: equipping offenders to provide self-care; to meet caring responsibilities; and enabling offenders’ contribution to shared social life, by providing support and furthering (...) the choices of others seeking to engage with them. The desistance paradigm (viewing desistance from offending as a process, following from an offender’s active choice in the context of stabilising social structures and personal circumstances), implies that a supportive environment may facilitate reduced recidivism. While decisions about criminal culpability need justice, we may use state resources most effectively by also including care ethics in our thinking about punishment. (shrink)

The term “value of life” can refer to life’s intrinsic dignity: something nonincremental and time-unaffected in contrast to the fluctuating, incremental “value” of our lives, as they are longer or shorter and more or less flourishing. Human beings are equal in their basic moral importance: the moral indignities we condemn in the treatment of e.g. those with dementia reflect the ongoing human dignity that is being violated. Indignities licensed by the person in advance remain indignities, as when people might volunteer (...) their living, unconscious bodies for surrogacy or training in amputation techniques. Respect for someone’s dignity is significantly impacted by a failure to value that person’s very existence, whatever genuine respect and good will is shown by wanting the person’s life to go well. Valuing and respecting life is not, however, vitalism: there can be good and compelling reasons for eschewing some means of prolonging life. (shrink)