Engaging a broad range of Platonic dialogues, this collection of essays by distinguished scholars in political theory and philosophy explores the relation of Socratic philosophizing to those activities with which it is typically opposed—such as tyranny, sophistry, poetry, and rhetoric. The essays show that the harder one tries to disentangle Socrates’ own activity from that of its apparent opposite, the more entangled they become; yet, it is only by taking this entanglement seriously that the distinctive character of Socratic philosophy emerges. (...) The collection sheds new light on the ways in which Plato not only represents philosophy in relation to what it is not, but also makes it “strange” to itself. (shrink)

At a time when some are questioning the relevancy of business education in general, others are now asking whether MBA programs should be blamed for society’s declining trust in business and the numerous corporate ethical failures of recent decades. Whether the full blame lies with business schools or not, MBA instructors are actively seeking more effective ways to help students adopt more practical and ethical managerial paradigms. Because trust theory is simple and robust and outlines the basic mental processes that (...) drive economic exchange while simultaneously prioritizing ethical behavior, in this article, we argue that it is distinctively suited to operationalize stakeholder theory in the classroom, providing MBA students with both a principled and a practical foundation or thematic platform for their MBA coursework and subsequent careers. We also discuss potential challenges and limitations and provide recommendations for future research. (shrink)

This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of public health legal preparedness: laws and legal authorities; competency in using those laws; coordination of law-based public health actions; and information. Options presented in this paper are for consideration by (...) policy makers and practitioners — in all jurisdictions and all relevant sectors and disciplines — with responsibilities for all-hazards emergency preparedness.Advancing and protecting the public's health depends upon the coordination of actions by many, diverse partners. For effective public health preparedness, there must be effective coordination of legal tools and law-based strategies across local, state, tribal, and federal jurisdictions, and also across sectors such as public health, health care, emergency management, education, law enforcement, community design, and academia. (shrink)

This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of public health legal preparedness: laws and legal authorities; competency in using those laws; coordination of law-based public health actions; and information. Options presented in this paper are for consideration by (...) policy makers and practitioners — in all jurisdictions and all relevant sectors and disciplines — with responsibilities for all-hazards emergency preparedness.Advancing and protecting the public's health depends upon the coordination of actions by many, diverse partners. For effective public health preparedness, there must be effective coordination of legal tools and law-based strategies across local, state, tribal, and federal jurisdictions, and also across sectors such as public health, health care, emergency management, education, law enforcement, community design, and academia. (shrink)

In this major new work, Matthew Kramer seeks to establish two main conclusions. On the one hand, moral requirements are strongly objective. On the other hand, the objectivity of ethics is itself an ethical matter that rests primarily on ethical considerations. Moral realism - the doctrine that morality is indeed objective - is a moral doctrine. Major new volume in our new series _New Directions in Ethics_ Takes on the big picture - defending the objectivity of ethics whilst rejecting (...) the grounds of much of the existing debate between realists and anti-realists Cuts across both ethical theory and metaethics Distinguished by the quality of the scholarship and its ambitious range. (shrink)

During the past several decades, political philosophers have frequently clashed with one another over the question whether governments are morally required to remain neutral among reasonable conceptions of excellence and human flourishing. Whereas the numerous followers of John Rawls have maintained that a requirement of neutrality is indeed incumbent on every system of governance, other philosophers -- often designated as 'perfectionists' -- have argued against the existence of such a requirement. Liberalism with Excellence enters these debates not by plighting itself (...) unequivocally to one side or the other, but instead by reconceiving each of the sides and thus by redirecting the debates that have occurred between them. On the one hand, the book rejects the requirement of neutrality by contending that certain subsidies for the promotion of excellence in sundry areas of human endeavour can be proper and vital uses of resources by governments. Advocating such departures from the constraint of neutrality, the book presents a version of liberalism that can rightly be classified as 'perfectionist'. On the other hand, the species of perfectionism espoused in Liberalism with Excellence diverges markedly from the theories that have usually been so classified. Indeed, much of the book assails various aspects of those theories. What is more, the aspirational perfectionism elaborated in the closing chapters of the volume is reconcilable in most key respects with a suitably amplified version of Rawlsianism. Hence, by reconceiving both the perfectionist side and the neutralist side of the prevailing disputation, Liberalism with Excellence combines and transforms their respective insights. (shrink)

Philosophers have long been interested in a series of interrelated questions about natural kinds. What are they? What role do they play in science and metaphysics? How do they contribute to our epistemic projects? What categories count as natural kinds? And so on. Owing, perhaps, to different starting points and emphases, we now have at hand a variety of conceptions of natural kinds—some apparently better suited than others to accommodate a particular sort of inquiry. Even if coherent, this situation isn’t (...) ideal. My goal in this article is to begin to articulate a more general account of ‘natural kind phenomena’. While I do not claim that this account should satisfy everyone—it is built around a certain conception of the epistemic role of kinds and has an obvious pragmatic flavour—I believe that it has the resources to go further than extant alternatives, in particular the homeostatic property cluster view of kinds. (shrink)

The authors of this book engage in essay form in a lively debate over the fundamental characteristics of legal and moral rights. They examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices. In the course of this debate the authors address many questions through which they clarify, though not finally resolve, a number of controversial present-day political debates, including those over abortion, euthanasia, and animal rights.

This book is an uncompromising defense of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets. The book concludes with a detailed discussion of the obligation to obey the law--a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.

This book brings together contributions from seventeen of the world's foremost legal and political philosophers to examine the lasting influence of H.L.A. Hart. The essays explore the major subjects of Hart's work: general jurisprudence, criminal responsibility, rights, justice, causation and the foundations of liberalism.

What are species? Are they objective features of the world? If so, what sort of features are they? Do everyday intuitions that species are real stand up to philosophical and scientific scrutiny? Two rival accounts of species' reality have dominated the discussion: that species are natural kinds defined by essential properties and that species are individuals. Unfortunately, neither account fully accommodates biological practice. In Are Species Real?, Slater presents a novel approach to this question aimed at accommodating the attractions to (...) both realism and antirealism about species. (shrink)

This chapter contains sections titled: Categorical Prescriptiveness Uniformity as a Moral Matter Uniformity Contrasted with Neutrality The Overridingness of Moral Principles.

In his provocative book Matthew Kramer offers a systematic theory of freedom that challenges most of the other major contemporary treatments of the topic.

This paper seeks to clarify and defend the proposition that moral realism is best elaborated as a moral doctrine. I begin by upholding Ronald Dworkin’s anti-Archimedean critique of the error theory against some strictures by Michael Smith, and I then briefly suggest how a proponent of moral realism as a moral doctrine would respond to Smith’s defense of the Archimedeanism of expressivism. Thereafter, this paper moves to its chief endeavor. By differentiating clearly between expressivism and quasi-realism, the paper highlights both (...) their distinctness and their compatibility. In so doing, it underscores the affinities between Blackburnian quasi-realism and moral realism as a moral doctrine. Finally, this paper contends—in line with my earlier work on these matters—that moral realism as a moral doctrine points to the need for some reorienting of meta-ethical enquiries rather than for the abandoning of them. (shrink)

Taking a fresh look at a central controversy in criminal law theory, The Ethics of Capital Punishment presents a rationale for the death penalty grounded in a theory of the nature of evil and the nature of defilement. Original, unsettling, and deeply controversial, it will be an essential reference point for future debates on the subject.

The morality of interrogational torture has been the subject of heated debate in recent years. In explaining why torture is morally wrong, Kramer engages in deep philosophical reflections on the nature of morality and on moral conflicts.

Some important recent articles, including one in this journal, have sought to devise theories of rights that can transcend the longstanding debate between the Interest Theory and the Will Theory. The present essay argues that those efforts fail and that the Interest Theory and the Will Theory withstand the criticisms that have been levelled against them. To be sure, the criticisms have been valuable in that they have prompted the amplification and clarification of the two dominant theories of rights; but (...) their upshot has been to reveal the need for the improvement, rather than the abandonment, of those theories. (shrink)

How are law and morality connected, how do they interact, and in what ways are they distinct? In Part I of this book, Matthew Kramer argues that moral principles can enter into the law of any jurisdiction. He contends that legal officials can invoke moral principles as laws for resolving disputes, and that they can also invoke them as threshold tests which ordinary laws must satisfy. In opposition to many other theorists, Kramer argues that these functions of moral principles (...) are consistent with all the essential characteristics of any legal system. Part II reaffirms the legal positivist argument that law and morality are separable, arguing against the position of natural-law theory, which portrays legal requirements as a species of moral requirements. Kramer contends that even though the existence of a legal system in any sizeable society is essential for the realization of fundamental moral values, law is not inherently moral either in its effects or in its motivational underpinnings. In the final part, Kramer contests the widespread view that people whose conduct is meticulously careful cannot be held morally responsible for harmful effects of their actions. Through this argument, he reveals that fault-independent liability is present even more prominently in morality than in the law. Through a variety of arguments, Where Law and Morality Meet highlights both some surprising affinities and some striking divergences between morality and law. (shrink)

Science communication via testimony requires a certain level of trust. But in the context of ideologically-entangled scientific issues, trust is in short supply—particularly when the issues are politically ‘entangled’. In such cases, cultural values are better predictors than scientific literacy for whether agents trust the publicly-directed claims of the scientific community. In this paper, we argue that a common way of thinking about scientific literacy—as knowledge of particular scientific facts or concepts—ought to give way to a second-order understanding of science (...) as a process as a more important notion for the public’s trust of science. (shrink)

Michael Ghiselin and David Hull’s individuality thesis is that biological species are individuals. Philosophers often treat the term “individual” as synonymous with “mereological sum” and characterize it in terms of mereology. It is easy to see how the biological project has been interpreted as a mereological one. This chapter argues that this is a mistake, that biological part/whole relations often violate the axioms of mereology. Conflating these projects confuses the central issues at stake in both, and makes the job of (...) evaluating either unnecessarily burdensome. Clarifying this helps identify the genuine metaphysical implications of the individuality thesis, which serves as an exemplar of scientifically informed metaphysics. (shrink)

In Albert Camus and the Political Philosophy of the Absurd: Ambivalence, Resistance, and Creativity, Matthew H. Bowker takes an interdisciplinary approach to Albert Camus’ political philosophy by reading absurdity itself as a metaphor for the psychosocial dynamics of ambivalence, resistance, integration, and creativity. Decoupling absurdity from its ontological aspirations and focusing instead on its psychological and phenomenal contours, Bowker discovers an absurdist foundation for ethical and political practice.

This essay argues against the commonly held view that "ought" implies "can" in the domain of morality. More specifically, I contest the notion that nobody should ever be held morally responsible for failing to avoid the infliction of any harm that he or she has not been able to avoid through all reasonably feasible precautions in the carrying out of some worthwhile activity. The article explicates the concept of a moral right in order to show why violations of moral rights (...) can occur even when no one has acted wrongfully in any fashion. In so doing, it will effectively be maintaining that strict liability (i.e., liability irrespective of the presence or absence of culpability) exists in morality as well as in law. When we take account of the distinction between exoneration and extenuation, we can see that scrupulously thorough precautions are never sufficient to constitute an excuse in morality. Having made that point with some extended examples, the article goes on to consider a number of possible objections - objections that lead into discussions of some basic distinctions within moral philosophy and some central principles within deontic logic. (shrink)

In Legality Scott Shapiro seeks to provide the motivation for the development of his own elaborate account of law by undertaking a critique of H.L.A. Hart's jurisprudential theory. Hart maintained that every legal system is underlain by a rule of recognition through which officials of the system identify the norms that belong to the system as laws. Shapiro argues that Hart's remarks on the rule of recognition are confused and that his model of lawis consequently untenable. Shapiro contends that a (...) new approach is vital for progress in the philosophy of law and, with his lengthy presentation of his own Planning Theory of Law, he aspires to pioneer just such an approach. Except for a very terse observation in the final main section, this article does not directly assess the strengths and shortcomings of Shapiro's piquant planning theory. Instead, I defend Hart against Shapiro's charges and thereby undermine the motivation for the development of the planning theory. (shrink)

This chapter contains section titled: The Obligation‐to‐Obey‐the‐Law What the Law Claims Matters of Form References Further Reading.

Achille Varzi [2000] has suggested a nice response to the familiar argument purporting to establish the existence of perfectly coinciding objects ‐ objects which, if they existed, would trouble mereological extensionality and the “Minimalist View” of ontology. The trick is to defend Minimalism without tarnishing its status as a meta‐principle: that is, without making any first‐ order ontological claims. Varzi's response, though seeming to allow for a comfortable indifference about metaphysical matters peripheral to Minimalism, is not general enough to stave (...) off attacks on extensionality from more sophisticated corners. However, Varzi's argument bears a kinship with a more general argument against coincident objects. I consider how such an argument sits with the meta‐doctrinal status of Minimalism. (shrink)

I spell out and update the individuality thesis, that species are individuals, and not classes, sets, or kinds. I offer three complementary presentations of this thesis. First, as a way of resolving an inconsistent triad about natural kinds; second, as a phylogenetic systematics theoretical perspective; and, finally, as a novel recursive account of an evolved character. These approaches do different sorts of work, serving different interests. Presenting them together produces a taxonomy of the debates over the thesis, and isolates ways (...) it has been productive. This goes to the larger point of this paper: a defense of the individuality thesis in terms of its utility, and an update of it in light of recent theoretical developments and empirical work in biology. (shrink)

John Locke's labor theory of property is one of the seminal ideas of political philosophy and served to establish its author's reputation as one of the leading social and political thinkers of all time. Through it Locke addressed many of his most pressing concerns, and earned a reputation as an outstanding spokesman for political individualism - a reputation that lingers widely despite some partial challenges that have been raised in recent years. In this major new study Matthew Kramer offers (...) an extensive critique of the labor theory and investigates the consequences of its downfall. With incisive analyses of the merits and failings of many aspects of Locke's political thought, Kramer advances a powerful challenge to Locke's image as an individualist. Employing a rigorously philosophical methodology, but remaining aware of the insights generated by historical approaches to Locke, Kramer concludes that Locke's political vision was in fact profoundly communitarian. (shrink)