This essay presents an ideal for modern Western romantic love.The basic ideas are the following: people want to form a distinctive sort of plural subject with another, what Nozick has called a "We", they want to be loved for properties of certain kinds, and they want this love to establish and sustain a special sort of commitment to them over time.

Philosophers from Hart to Lewis, Johnston and Bennett have expressed various degrees of reservation concerning the doctrine of double effect. A common concern is that, with regard to many activities that double effect is traditionally thought to prohibit, what might at first look to be a directly intended bad effect is really, on closer examination, a directly intended neutral effect that is closely connected to a foreseen bad effect. This essay examines the extent to which the commonsense concept of intention (...) supports a reasonably consistent and coherent application of double effect. Two important conclusions are these: (1) a number of traditionally proscribed activities involve a kind of “targeting” of innocents that can be taken to exhibit a direct intention to harm them; (2) a direct intention to harm need not involve a desire to harm in any ordinary sense of the latter expression. (shrink)

This paper has two aims. First, I explore the scope and limitations of the doctrine of double effect (DOE) by focusing specifically on the notion of "effect classification." Turning my attention to some hard cases, I argue that the DOE has to be supplemented by additional principles that specify how effects are to be discriminated from one another and how the various aspects of the relevant actions are to be classified as intended or simply foreseen. Secondly, I draw some general (...) lessons from this specific investigation of the ODE bearing on the way in which moral principles of this sort can be seen to function helpfully in moral reflection. (shrink)

Abstract: This essay consists of some clarifying remarks on the doctrine of double effect (DDE). After providing a contemporary formulation of the doctrine we put special emphasis on the distinction between those aspects of an action plan that are intended and those that are merely foreseen (the I/F distinction). Making use of this distinction is often made difficult in practice because salient aspects of the action plan exhibit a felt “closeness” to one another that is difficult if not impossible to (...) articulate with the precision we might like. The essay goes on to examine an especially adroit criticism of DDE best articulated by J.J. Thomson. We conclude with a brand new double effect case (new to the philosophical literature anyway) taken from medicine and Roman Catholic pastoral ministry. (shrink)

The purpose of this note is to tidy up some matters concerning ascriptions of intention and the employment of the doctrine of double effect (henceforth DDE). I first argue that Jonathan Bennett’s efforts to show that DDE is a foolish doctrine are unsatisfactory. I then consider a puzzle of Mark Johnston’s that seems to pose a problem for the defender of DDE. I turn to possible solutions to the puzzle, criticize one, and then offer the one I find most appealing. (...) I then show how my proposal for employing DDE enables it to make some distinctions between courses of conduct without issuing foolish pronouncements about moral permissibility. (shrink)

This essay makes a number of distinctions between the motives of love and of duty, and argues that ideally they act in concert so as to generate constancy in loving relations. The essay revolves around a case in which a husband or wife is tempted to infidelity. It is argued that resistance to the temptation is optimally grounded in love for the spouse rather than simply in a duty to resist initiated perhaps through promise or vow. This is not, however, (...) to undermine altogether the significance of promises of this sort; it is rather to put a proper emphasis on the sentiment of love as an effective spring to action and to suggest that the sentiment itself ideally brings a past promise or vow of fidelity into present relief in a choice situation. (shrink)

This paper takes off from Allison and argues that our ability to distinguish events from objects shifts the burden (or “challenge”) back to Hume as regards our concept of causation.

Essays devoted to the work of the late Neil Wilson, Canadian philosopher and contributor to the field of semantic analysis that emerged from the fusion of logic, pragmatism, and ontology. Many of the essays in this volume take their initial inspiration from Wilson's seminal work Substances Without Substrata.

Awarding rights to rivers, forests, and other environmental entities (EEs) is a new and increasingly popular approach to environmental protection. The distinctive feature of such rights of nature (RoN) legislation is that direct duties are owed to the EEs. This paper presents a novel rebuttal of the strongest argument against RoN: the no interest argument. The crux of this argument is that because EEs are not sentient, they cannot possess the kinds of interests necessary to ground direct duties. Therefore, they (...) cannot be legitimate rights-bearers. After considering and rejecting standard responses to this argument, the paper challenges its fundamental assumption: that rights-correlative duties must be grounded in the interests of the rights-bearer. The paper then presents the RoN critic with a dilemma. The critic must either accept that EEs are legitimate rights-bearers, or delegitimise many well-established rights-bearers along with EEs. Either way, the no interest argument loses its force. (shrink)

In 1795 Jeremiah Aversham went to execution bearing a flower in his mouth. “He was afterwards hung in chains on Wimbledon common, and for several months,” it was reported, “thousands of the London populace passed their Sundays near the spot as if consecrated by the remains of a hero.” From the perspective of bourgeois morality this was an intolerable scandal. The display of the dead body had become one of those suspicious or ill-defined areas of life that were treated as (...) indecent or marginalised as offensive. The general rearrangement of values in the society transformed the body into an object of aversion as opposed to representation. The change of attitude made it impossible to continue inscribing the bodies of criminals with the degradation of public exposure. (shrink)

This philosophical and sociological look at friendship and happiness begins with a review of Aristotle's three categories of friendship--friends of utility, friends of pleasure and friends of the good. Modern variations--casual friends, close friends, best friends--are described, along with the growing phenomena of virtual friendships and cyber socialization in the Internet age. Inspired in part by Bertrand Russell's The Conquest of Happiness, the authors propose that conquering unhappiness is key to achieving the self-satisfaction Russell called zest and Aristotle called eudaimonia (...) or thriving by our own efforts. -Publisher description. (shrink)

One of the major contributions which Christopher Hookway has made to pragmatist epistemology is a critical exploration of the role that affective dispositions play in inquiry. According to Hookway, a well-functioning rational inquirer must rely upon a set of pre-reflective and affective dispositions which are not themselves fully available to rational evaluation. Despite their pre-reflective nature, on the pragmatist account these affective dispositions provide us with judgments and evaluations which are in many cases more reliable than those provided by explicit (...) rational reflection. -/- This chapter presents and defends Hookway’s account of the epistemic importance of our affective dispositions. The first section presents three roles which affective dispositions play within inquiry. The second section considers the concern that affective dispositions should be considered impositions upon our epistemic agency. In response, Hookway suggests that we must identify with our affective dispositions, and two interpretations of this claim are offered. The third section considers the possibility that the confidence we have in our affective dispositions might be appropriately shaken if we recognize that they are not shared by other inquirers. The chapter concludes by suggesting that Hookway’s position can overcome this worry by developing his notion of critical self-trust in three distinct ways. (shrink)

Given the tremendous proliferation of student plagiarism involving the Internet, the purpose of this study is to determine which theory of ethical reasoning students invoke when defending their transgressions: deontology, utilitarianism, rational self-interest, Machiavellianism, cultural relativism, or situational ethics. Understanding which theory of ethical reasoning students employ is critical, as preemptive steps can be taken by faculty to counteract this reasoning and prevent plagiarism. Additionally, it has been demonstrated that unethical behavior in school can lead to unethical behavior in business; (...) therefore, correcting unethical behavior in school can have a positive impact on organizational ethics. To meet this objective, a content analysis was conducted on the written records of students formally charged with plagiarizing at a large West Coast university. Each case was classified according to the primary ethical reasoning that the student used to justify plagiarism. Results indicate that students predominately invoke deontology, situational ethics, and Machiavellianism. Based on these findings, specific recommendations are offered to curb plagiarism. (shrink)

This Element explores what it means for two theories in physics to be equivalent, and what lessons can be drawn about their structure as a result. It does so through a twofold approach. On the one hand, it provides a synoptic overview of the logical tools that have been employed in recent philosophy of physics to explore these topics: definition, translation, Ramsey sentences, and category theory. On the other, it provides a detailed case study of how these ideas may be (...) applied to understand the dynamical and spatiotemporal structure of Newtonian mechanics - in particular, in light of the symmetries of Newtonian theory. In so doing, it brings together a great deal of exciting recent work in the literature, and is sure to be a valuable companion for all those interested in these topics. (shrink)

On his death in 2007, Richard Rorty was heralded by the New York Times as “one of the world’s most influential contemporary thinkers.” Controversial on the left and the right for his critiques of objectivity and political radicalism, Rorty experienced a renown denied to all but a handful of living philosophers. In this masterly biography, Neil Gross explores the path of Rorty’s thought over the decades in order to trace the intellectual and professional journey that led him to that (...) prominence. The child of a pair of leftist writers who worried that their precocious son “wasn’t rebellious enough,” Rorty enrolled at the University of Chicago at the age of fifteen. There he came under the tutelage of polymath Richard McKeon, whose catholic approach to philosophical systems would profoundly influence Rorty’s own thought. Doctoral work at Yale led to Rorty’s landing a job at Princeton, where his colleagues were primarily analytic philosophers. With a series of publications in the 1960s, Rorty quickly established himself as a strong thinker in that tradition—but by the late 1970s Rorty had eschewed the idea of objective truth altogether, urging philosophers to take a “relaxed attitude” toward the question of logical rigor. Drawing on the pragmatism of John Dewey, he argued that philosophers should instead open themselves up to multiple methods of thought and sources of knowledge—an approach that would culminate in the publication of Philosophy and the Mirror of Nature , one of the most seminal and controversial philosophical works of our time. In clear and compelling fashion, Gross sets that surprising shift in Rorty’s thought in the context of his life and social experiences, revealing the many disparate influences that contribute to the making of knowledge. As much a book about the growth of ideas as it is a biography of a philosopher, Richard Rorty will provide readers with a fresh understanding of both the man and the course of twentieth-century thought. (shrink)

Develops a logical analysis of dialogue in which two or more parties attempt to advance their own interests. It includes a classification of the major types of dialogues and a discussion of several important informal fallacies.

Introduction HLA Hart: A biographical sketch Jurisprudence is the theoretical study of a practical subject. Its object is to achieve a systematic and ...

The authors analyze results of a survey of members of the Columbia University Graduate School of Business classes of 1953–1987 in order to assess the potential effectiveness of firms' ethics training programs. Results suggest that such training has a positive effect, but that relatively few firms provide such programs (about one-third of the respondents worked for firms with such programs). Although the sample is not representative of American employees and managers generally, the results suggest that it may be worthwhile for (...) firms to provide formal ethics training to their employees. (shrink)

Neil E. Williams develops a systematic metaphysics centred on the idea of powers, as a rival to neo-Humeanism, the dominant systematic metaphysics in philosophy today. Williams takes powers to be inherently causal properties and uses them as the foundation of his explanations of causation, persistence, laws, and modality.

In Elements of Legislation, Neil Duxbury examines the history of English law through the lens of legal philosophy in an effort to draw out the differences between judge-made and enacted law and to explain what courts do with the laws that legislatures enact. He presents a series of rigorously researched and carefully rehearsed arguments concerning the law-making functions of legislatures and courts, the concepts of legislative supremacy and judicial review, the nature of legislative intent and the core principles of (...) statutory interpretation. (shrink)

A growth in consumer and media ethical consciousness has resulted in the need for organizations to ensure that members understand, share and project an approved and unified set of ethics. Thus understanding which variables are related to sharing and variation of ethical reasoning and moral intent, and the relative strength of these variables is critical. While past research has examined individual (attitudes, values, etc.), social (peers, significant others, etc.) and organizational (codes of conduct, senior management, etc.) variables, it has focused (...) on their influence on the individual – and not on their role in relation to patterns of group sharing and variation in an organization. Introduced as a new methodology to study ethics, microcultural analysis stipulates that to explain patterns of sharing and variation, one must understand how individual, social and organizational variables influence sharing and variation. Key hypotheses predict that managers who share in individual, social or organizational determinants will be more likely to share in ethical reasoning and moral intent. Qualitative and quantitative research supports the key hypotheses, finding social ties, personal moral intensity, Machiavellianism, locus of control and codes of ethics as significant determinants. Individuals who share in these determinants are more likely to share in ethical reasoning and moral intent. Additionally, regression analysis reveals social ties and personal moral intensity to be the strongest determinants. Based on these results, managerial recommendations focus on a holistic approach, manipulating these three determinants to cultivate a unified code of ethics within an organization. (shrink)

This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has (...) evolved as a collection of themes which reflects broader American intellectual and cultural concerns. (shrink)

We are constantly called upon to evaluate the evidential weight of testimony, and to balance its deliverances against our own independent thinking. ‘Intellectual autonomy’ is the virtue that is supposed to be displayed by those who engage in cognition in this domain well. I argue that this is at best a misleading label for the virtue, because virtuous cognition in this domain consists in thinking with others, and intelligently responding to testimony. I argue that the existing label supports an excessively (...) individualistic conception of good thinking, both within and outside philosophy. I propose replacing ‘intellectual autonomy’ with ‘intellectual interdependence’, which properly emphasises the depth of our reliance on one another, without suggesting we ought ever to be epistemically servile. (shrink)

Despite an extensive amount of research studying the influence of significant others on an individual's ethical behavior, researchers have not examined this variable in the context of organizational group boundaries. This study tests actual and perceptual sharing and variation in ethical reasoning and moral intent within and across functional groups in an organization. Integrating theory on ethical behavior, group dynamics, and culture, it is proposed that organizational structure affects cognitive structure. Departmental boundaries create stronger social ties within the group as (...) well as intergroup biases between the groups. Thus individuals will be more likely to share in ethical reasoning and moral intent with members of their own functional group (in-group) than with members of other functional groups (out-group). Additionally, they will perceive that they are more likely to share in ethical reasoning and moral intent with in-group members than with out-group members. Responding to two versions of two ethical scenarios, respondents contrasted their own ethical behavior to their expected ethical behavior of in-group and out-group members. Empirical results confirmed the hypotheses. Organizational group boundaries create actual as well as perceptual sharing and variation in ethical reasoning and moral intent. Furthermore, when comparing perceptual sharing to actual sharing, results show that individuals understate their sharing of ethical reasoning and moral intent with out-group members and overstate their sharing with in-group members. As organizational boundaries can create actual and perceived differences between groups that could lead to inter-group conflict, suggestions for management focus on removing or blurring inter-group boundaries. (shrink)

Chance inevitably plays a role in law but it is not often that we consciously try to import an element of randomness into a legal process. Random Justice: On Lotteries and Legal Decision-Making explores the potential for the use of lotteries in social, and particularly legal, decision-making contexts. Utilizing a variety of disciplines and materials, Neil Duxbury considers in detail the history, advantages, and drawbacks of deciding issues of social significance by lot and argues that the value of the (...) lottery as a legal decision-making device has generally been underestimated. The very fact that there exists widespread resistance to the use of lotteries for legal decision-making purposes betrays a commonly held belief that legal processes are generally more important than are legal outcomes. Where, owing to the existence of indeterminacy, the process of reasoning is likely to be excessively protracted and the reasons provided strongly contestable, the most cost-efficient and impartial decision-making strategy may well be recourse to lot. Aversion to this strategy, while generally understandable, is not necessarily rational. Yet in law, as Professor Duxbury demonstrates, reason is generally valued more highly than is rationality. The lottery is often conceived to be a decision-making device that operates in isolation. Yet lotteries can frequently and profitably be incorporated into other decision-frameworks. The book concludes by controversially considering how lotteries might be so incorporated and also advances the thesis that it may sometimes be sensible to require that adjudication takes place in the shadow of a lottery. (shrink)

This collection of essays analyzes relations of social inequality that appear to be logical extensions of a "natural order," and in the process demonstrates that a revitalized feminist anthropology of the 1990s has much to offer the field of feminist theory. Fashioned as a response to the lack of cultural analysis in feminist scholarship, the contributors question the category of gender within the inclusive context of the structural dynamics of inequality. They also examine how cultural identities, domains and institutions affect (...) our perception of gender in society. The first selection of essays addresses how ideas of family and kinship have fostered society's hierarchies and legitimized the status quo. In part two, the essays show how several dimensions of inequality are implicit in the construction of identities that are based upon ideas of social solidarity. Contributors: Susan McKinnon, University of Virginia; Kath Weston, Arizona State West; Rayna Rapp, New School for Social Research; Janet Dolgin, Hofstra University; Harriet Whitehead, Duke University; Carol Delaney, Stanford University; Brackette Williams, University of Arizona; Sylvia Yanagisako, Stanford University; Phyllis Chock, Catholic University; Sherry Ortner, University of Michigan; Anna Tsing, University of California, Santa Cruz. (shrink)

In recent years there has been an outpouring of work at the intersection of social movement studies and organizational theory. While we are generally in sympathy with this work, we think it implies a far more radical rethinking of structure and agency in modern society than has been realized to date. In this article, we offer a brief sketch of a general theory of strategic action fields (SAFs). We begin with a discussion of the main elements of the theory, describe (...) the broader environment in which any SAF is embedded, consider the dynamics of stability and change in SAFs, and end with a respectful critique of other contemporary perspectives on social structure and agency. (shrink)

This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has (...) evolved as a collection of themes which reflect broader American intellectual and cultural concerns. (shrink)

This controversial book explores the potential for the use of lotteries in social, and particularly legal, decision-making contexts. Utilizing a variety of disciplines and materials, the author considers in detail the history, advantages, and drawbacks of deciding issues of social significance by lot and argues that the value of the lottery as a legal decision-making device has generally been underestimated. The final chapter of the book considers how lotteries might be combined with other decision-mechanisms and suggests that it may sometimes (...) be sensible to require that adjudication takes place in the shadow of the lottery. (shrink)

Causal exclusion arguments are taken to threaten the autonomy of the special sciences, and the causal efficacy of mental properties. A recent line of response to these arguments has appealed to “independently plausible” and “well grounded” theories of causation to rebut key premises. In this paper I consider two papers which proceed in this vein and show that they share a common feature: they both require causes to be proportional to their effects. I argue that this feature is a bug, (...) and one that generalises: any attempt to rescue the autonomy of the special sciences, or the efficacy of the mental, from exclusion worries had better not look to proportionality for help. (shrink)

This chapter focuses on the view that diseases comprise natural kinds and how this view is in conflict with the essentialist picture of natural kinds as championed by Kripke and Putnam. This essentialist depiction of natural kinds contends that in order for a class of entities to be a natural kind, it is required that all and only members of the class instantiate very specific properties that explain the presence of any other properties typically associated with being a member of (...) the kind; these privileged properties constitute the “essence” of the kind. The problem is that the essentialist picture provides only two options, none of which is desirable: satisfy the essentialist desiderata by locating some etiological feature both necessary and sufficient for kind membership, or reject the thought that similarity between disease instances can be understood in terms of natural kinds. (shrink)

Are the objects and events that take place in Virtual Reality genuinely real? Those who answer this question in the affirmative are realists, and those who answer in the negative are irrealists. In this paper we argue against the realist position, as given by Chalmers (2017), and present our own preferred irrealist account of the virtual. We start by disambiguating two potential versions of the realist position—weak and strong— and then go on to argue that neither is plausible. We then (...) introduce a Waltonian variety of ictionalism about the virtual, arguing that this sort of irrealist approach avoids the problems of the realist positions, fits with a unifying theory of representational works, and offers a better account of the phenomenology of engaging in virtual experiences. (shrink)

In this paper, we make the case that a person who is considering or has already made a decision that appears seriously harmful to that person should in some cases be judged incapable of making that...

With aims to both increase organ supply and better reflect individual donation preferences, many nations worldwide have shifted from ‘opt‐in’ to ‘opt‐out’ systems for post‐mortem organ donation (PMOD). In such countries, while a prospective donor's willingness to donate their organs/tissues for PMOD was previously ascertained—at least partially—by their having recorded positive donation preferences on an official register prior to death, this willingness is now presumed or inferred—at least partially—from their not having recorded an objection to PMOD—on an official organ donation (...) register. Using evidence regarding the presence and prevalence of selective donation preferences, and via exploration of how appeals to donation preferences are used to both motivate and legitimate shifts to opt‐out frameworks, this paper draws attention to a set of previously unexplored problems for opt‐out organ donation arising in contexts where: (a) individuals demonstrate selective post‐mortem organ/tissue donation preferences, (b) legislation provides prospective donors with the opportunity to selectively permit/refuse the donation of certain organs/tissues in line with these preferences. While selective preferences pose few problems for opt‐in systems where a selective occasion is built into the process of signing the donor register, this is not the case for opt‐out systems. The loss of this selective occasion can cause significant problems where appeals to preferences motivate/legitimate shifts to opt‐out but evidence regarding variable preferences does not feed into determinations regarding organ/tissue exclusions. The nature of these problems depends on how the authorization aspect of ‘opt‐out’ systems is framed (e.g. as presumed consent, deemed consent or, given the role of familial consent in many jurisdictions as consent in name only). (shrink)

There is a significant debate over the moral status of human embryos. This debate has important implications for practices like abortion and IVF. Some argue that embryos have the same moral status as infants, children, and adults. However, critics claim that the frequency of pregnancy loss/miscarriage/spontaneous abortion shows a moral inconsistency in this view. One line of criticism is that those who know the facts about pregnancy loss and nevertheless attempt to conceive children are willing to sacrifice embryos lost for (...) the healthy children they ultimately have. I respond to this criticism and argue that on the most plausible accounts of well-being, these embryos are not made worse off and thus not “sacrifices.” I then make some more general remarks about what people’s typical views about pregnancy loss show about their views toward the moral status of embryos. (shrink)