In a celebrated article, published nearly a century ago, Wesley Newcomb Hohfeld endeavored to elucidate the various types of jural relations. Hohfeld’s scheme has been justly regarded as a seminal contribution to analytical jurisprudence, and has stimulated lively debate since. This Essay aims to refute one of Hohfeld’s fundamental and most influential theses: the axiom of right–duty correlativity. To do so, it employs the simplest refutation strategy in first-order logic, namely providing a valid counterexample. Part I discusses earlier attempts to (...) do likewise, and explains why they failed. For the most part, previous illustrations of ostensibly standalone rights or standalone duties neglected relevant parties who could owe the correlative duties or hold the correlative rights, respectively. Part II puts forward a simple argument: There are abstract duties in private law that ban certain types of conduct without reference to specific victims. Those duties are not necessarily correlative with rights, although their breach may generate secondary duties with corresponding rights. In particular, tort law allows plaintiffs to recover for harm caused by breach of duty that occurred before they acquired legal personality. This is tantamount to recognizing duties that are not correlative with rights, and therefore invalidates the correlativity axiom. (shrink)

Adam and Eve have the same record yet receive different punishments. Adam receives the punishment that they both deserve, whereas Eve receives a more lenient punishment. In this article, we explore whether a deserved-but-unequal punishment, such as what Adam receives, can be just. We do this by explicating the conceptions of retributive justice that underlie both sides of the debate. We argue that inequality in punishment is disturbing mainly because of the disrespect it often expresses towards the offender receiving the (...) harsher treatment, and also because it casts doubt on whether Adam got what he deserved. We suggest that when no disrespect is involved and when it is clear that the criminal got what he deserved, inequality is not worrisome. (shrink)

The Approach to Philosophy By Prof. Ralph Barton Perry Introduction and Approach to Basic Philosophy Brand New Copy Includes The Free Man and The Soldier The Moral Economy The Approach to Philosophy In an essay on "The Problem of Philosophy at the Present Time," Professor Edward Caird says that "philosophy is not a first venture into a new field of thought, but the rethinking of a secular and religious consciousness which has been developed, in the main, independently of philosophy." (...) If there be any inspiration and originality in this book, they are due to my great desire that philosophy should appear in its vital relations to more familiar experiences. If philosophy is, as is commonly assumed, appropriate to a phase in the development of every individual, it should grow out of interests to which he is already alive. And if the great philosophers are indeed never dead, this fact should manifest itself in their classic or historical representation of a perennial outlook upon the world. I am not seeking to attach to philosophy a fictitious liveliness, wherewith to insinuate it into the good graces of the student. I hope rather to be true to the meaning of philosophy. For there is that in its stand-point and its problem which makes it universally significant entirely apart from dialectic and erudition. These are derived interests, indispensable to the scholar, but quite separable from that modicum of philosophy which helps to make the man. The present book is written for the sake of elucidating the inevitable philosophy. It seeks to make the reader more solicitously aware of the philosophy that is in him, or to provoke him to philosophy in his own interests. To this end I have sacrificed all else to the task of mediating between the tradition and technicalities of the academic discipline and the more common terms of life. (shrink)

This paper questions the fairness of our current tort-law regime and the philosophical underpinnings advanced in its defense, a theory known as corrective justice. Fairness requires that the moral equality and responsibility of persons be respected in social interactions and institutions. The concept of luck has been used by many egalitarians as a way of giving content to fairness by differentiating between those benefits and burdens that result from informed choice and those that result from fate or fortune. We argue (...) that the theory of corrective justice, along with its institutional embodiment of tort law, is at odds with an egalitarian commitment to fairness because it allows luck an unjustifiable role in determining dissimilar liability for similar wrongs and dissimilar compensation for similar losses to bodily integrity. Many egalitarian political theorists have also recognized, if not defended, the notion of distinct forms of justice, namely corrective, retributive, and distributive. Although theorists of these different forms of justice have been concerned with negating unfair luck inside the operations of each form of justice, there has been little attention to the way in which luck operates to sort cases into each form of justice. We claim that there is a significant way in which luck operates to subject different people to principles of corrective, retributive, and distributive justicewhich flies in the face of the egalitarian value of fairness. After surveying the arguments put forward by theorists defending a categorical distinction between corrective justice and retributive and distributive principles, we argue that although analytical distinctions can be made between different forms of justice (although, we also suggest that the distinctions are not as sharp as some commentators suggest), there is no good reason to defend an acoustic separation between these forms of justice when doing so creates unfair outcomes. (shrink)

Social organization in microcosm : anomalies and ritual concentrate conflict -- Comparing on a grand scale : elementary forms do the organizing -- Building fundamental explanations : rituals do the institutionalizing, and institutions make change -- Analytic method is also ritual peacemaking : thinking in circles helps to defuse conflict -- Douglas's contribution to understanding human thought and conflict.

Nearly forty percent of the world’s financial assets are located in loosely defined British Empire city-state jurisdictions. This article seeks to provide an explanation for this odd development. My explanation of the rise of such a British Empire-centered economy links the development of the Euromarket, or the offshore financial market, to three sets of theories. The first is the hinterland theory that explains why small city-state types of jurisdictions are in an advantageous position when it comes to trading in Euromarket (...) financial assets in comparison to other states. Second is the dependent jurisdictions theory, which suggests that dependent jurisdictions are perceived as safer locations for investment than independent islands, in addition to which they are able to offer better treatment of nonresident capital because they are subsidized by the motherland. As the British Empire was the largest Empire the world has ever seen, it is perhaps not surprising that the British state has inherited the greatest number of such dependent jurisdictions, and that they, in turn, have taken advantage of their "Britishness" to develop their financial centers. Third, I advance a related argument that suggests that the hegemonic position of the British Empire in the world economy prior to the rise of the United States was an important factor as well. Here, I draw on the idea that city-states and, more generally, trading centers tend to be dominated by commercially outward-oriented elites. (shrink)

This chapter examines the reliability of using the tosefta for historical research. It explains that the tosefta is a compilation of early rabbinic legal traditions which date from the first to the early third century CE. It discusses the different manuscripts, editions and translations of the tosefta. It concludes that the narratives or case stories in the tosefta possess significance for historical research and their relevance ranges from an increased understanding of the daily life of the Jews in Palestine and (...) the activity of the rabbis in society to the more precise determination of their power and position within society. (shrink)

Employing a time-lagged sample of 371 North American individuals working full time in a wide range of industries, occupations, and levels, we contribute to research on employee outcomes of corporate social responsibility attributions as substantive or symbolic. Utilizing a mediated moderation model, our study extends previous findings by explaining how and why CSR attributions are related with work-related attitudes and subsequent individual performance. In support of our hypotheses, our findings indicate that the relationships between CSR attributions and individual performance are (...) mediated through person–organization fit and work-related attitudes. Additionally, when CSR is perceived as important, substantive CSR is positively related to, and symbolic CSR is negatively related to, perception of fit with the organization. These findings contribute toward our understanding of the complex effect CSR has on employees’ work outcomes. Practical implications and future research directions are discussed. (shrink)

This book closely examines our commonly held beliefs about human suffering, and offers unique insights into God's role in why we suffer. Dr. Perri critically examines what it means to be human from a Judeo-Christian perspective, and extrapolates from the work of Carl Gustav Jung showing a deeply complex development of human transcendence in human suffering. On an interpersonal level, Dr. Perri elaborates on the work of Martin Buber and Emanuel Levinas and shows how our suffering can be shared and (...) lessened by our unconditionality and presence for the other. Scriptural passages are quoted from both the Hebrew and New Testament texts, and are used to depict the suffering of humankind as seen in the face of Job. It was this face, according to Perri, that Jesus saw in the faces of those He came to redeem, and that ultimately brought Him to the crucifix of redemption. Dr. Perri challenges Sartre's position that our existence precedes our essence, and draws on the work of Abraham Joshua Heschel and Christian theology in this regard. He further elaborates a neurodevelopmental paradigm that creates essence as the basis of our freedom to choose. This book can be read and studied by both professionals in the helping and healing professions, and lay persons seeking to better understand our suffering, and how to better help those who suffer. Dr. Perri offers specific ways in how to be present for those who suffer, how to read and receive the hidden language of human suffering, and how to use silence as a communication skill. (shrink)

This article addresses the question of what history an obstacle that stands in the way of our performing a certain action must have in order to render us socially unfree to x. The most promising view on this question is the moral responsibility view, according to which such an obstacle renders us socially unfree to x, if and only if another person is morally responsible for its existence. The main challenge of this view is to identify a serviceable test for (...) establishing when someone is morally responsible for the existence of an obstacle. Numerous attempts to do so have been made over the years, but none of them proved to be successful. In my discussion of the moral responsibility view I will expose the failure of the most recent and powerful attempt to identify such a test. Then I will suggest a more plausible test and defend it from a few possible objections. Before discussing the moral responsibility view I will discuss its main rivals and show why it is superior to them in the first place. (shrink)

:We propose to strengthen Popper’s notion of falsifiability by adding the requirement that when an observation is inconsistent with a theory, there must be a ‘short proof’ of this inconsistency. We model the concept of a short proof using tools from computational complexity, and provide some examples of economic theories that are falsifiable in the usual sense but not with this additional requirement. We consider several variants of the definition of ‘short proof’ and several assumptions about the difficulty of computation, (...) and study their different implications on the falsifiability of theories. (shrink)

For readers engaged in intellectual struggle, ethical thinking, and trying to figure out how to live a purposeful, fulfilling life, here is a critical and accessible approach to ethics. Moral dilemmas challenge us to think through sticky situations and lead us to look for moral grounding. Following Cicero and other ancient philosophers, the author views ethics in terms of the question of who and what sort of person one ought to be, without relying on religion or any other prescriptions.

Hillel Steiner’s left-libertarian theory of justice is the most serious recent attempt to reconcile the ideals of equality and freedom. This attempt consists in an argument that a universal right to equal freedom, which in Steiner’s view means also a universal right to maximal freedom, implies a universal right to self-ownership and to an egalitarian share of the world’s natural resources. In this article, I argue that this argument fails on Steiner’s own terms. I argue that, on Steiner’s conceptions of (...) freedom, self-ownership, and an egalitarian share of the world’s natural resources, insofar as the right to equal freedom implies the right to self-ownership and to an egalitarian share of the world’s natural resources, it is incompatible with equality. (shrink)

A new collection of John Perry's work celebrating his contributions to the philosophy of language.

In 1939 Sigmund Freud published his latest book, Moses and Monotheism, which is his most unusual and problematic work. In Moses Freud offers four groundbreaking claims in regard to the biblical story: [a] Moses was an Egyptian [b] The origin of monotheism is not Judaism [c] Moses was murdered by the Jews [d] The murder sparked a constant sense of unconscious guilt, which eventually contributed to the rational and ethical development of Jewish monotheism. As is well known, Freud’s Moses received (...) extremely negative reviews from Jewish thinkers. The social psychoanalyst, Erich Fromm, who wrote extensively on Freud as well as on Judaism and the biblical narrative, did not explicitly express his position on Freud’s latest work. This paper offers explanations for Fromm’s roaring silence on Freud’s Moses. (shrink)

This paper discusses Franz Rosenzweig’s use of the term “the unconscious” (das Unbewußte) and possible influences on his understanding of it. I claim that for Rosenzweig, it is through the unconscious that the individual becomes aware of himself and becomes capable of fulfilling his longing to achieve self-fulfillment and eventually to take part in a collective redemption. The unconscious is often perceived as the mental sphere related to trauma and repression in which defense mechanisms and fantasies are evolved. Fantasies are (...) psychological tools that allow the individual to cope with trauma, but they are also “layers of enclosedness,” illusions that should be dissolved. Hence, in the unconscious, we find a possibility of liberation. (shrink)

'100 Conversations You Need to Have' is an accessible and thought-provoking collection of life's big questions and corresponding answers from some of history's greatest philosophers. Readers are provided with the opportunity to answer each question, turn the page and receive a short piece of advice from thinkers on topics that include happiness, friendship, discipline, patience, the meaning of life and death, and other essential topics. The list of philosophers that are featured in each notebook is very multicultural. It includes both (...) men and women and spans across time, including, among others, Aristotle, Seneca, Simone de Beauvoir, Lao Tzu, Dr. Martin Luther King Jr., Alfarabi, Jean-Paul Sartre and Pema Chodron. These notebooks duplicate the Socratic dialogue method and embody the idea of philosophy being a pathway to a more fulfilling life by creating 100 meaningful dialogues between the reader and a diverse array of interlocutors who will guide them on their journey to crafting a good life. (shrink)

Much of the discussion surrounding the ethics of abortion has centered around the notion of personhood. This is because many philosophers hold that the morality of abortion is contingent on whether the fetus is a person - though, of course, some famous philosophers have rejected this thesis (e.g. Judith Thomson and Don Marquis). In this article, I construct a novel argument for the immorality of abortion based on the notion of impairment. This argument does not assume that the fetus is (...) a person - indeed, I concede (for the sake of argument) that the fetus is not a person - and hence the morality of abortion is not contingent on whether the fetus is a person. I finish by answering a plethora of objections to my argument, concluding that none of them are successful. (shrink)

The objective of this survey was to assess the extent to which nurses encounter and identify dilemma-generating situations in the light of the publication and circulation of the Israeli code of ethics for nurses in 1994. The results are being used as a basis for a programme aimed at promoting nurses' decision-making skills in coping with ethical dilemmas. In this era of major advances in medicine, the nurse's role as the protector of patient rights may bring about conflicts with physicians' (...) orders, with institutional policies, or with patients' families. Nurses will then become confronted with ethical and moral dilemmas. A nationwide survey was carried out to identify and describe the ethical conflicts with which nurses in Israel are confronted in the course of their work. A third of the enumerated dilemmas were encountered by more than 50% of the nurses. The major determinant influencing encounters with dilemmas, as perceived by the participating nurses, was their work setting, namely, the hospital versus the community. It was shown that nurses seek support mainly among their peers, they are barely familiar with the Israeli Code, and they consider their own families as the predominant factor in shaping their ethical attitudes. (shrink)

In this book, renowned philosopher John Perry addresses critiques of his work on the essential indexical.

It is often assumed that if the fetus is a person, then abortion should be illegal. Thomson1 laid the groundwork to challenge this assumption, and Boonin2 has recently argued that it is false: he argues that abortion should be legal even if the fetus is a person. In this article, I explain both Thomson’s and Boonin’s reason for thinking that abortion should be legal even if the fetus is a person. After this, I show that Thomson’s and Boonin’s argument for (...) legalised abortion fail; they have not given us good reason for thinking abortion should be legal.1 Finally, I argue that—if we play Boonin’s game—abortion should be illegal. When discussing the ethics and politics of abortion, whether the fetus is a person is usually central.3 4.2 However, Thomson1 long ago challenged this view. She argued that abortion is permissible even if the fetus is a person. To do so, she asks us to consider a case in which you are non-consensually taken to a hospital and hooked up to a famous violinist. The violinist, if he is to survive, needs to filter his blood through your body. After 9 months, he will be fine and you can unplug yourself and go on your way. If you unplug yourself prior to this, however, he will die. Is it permissible to unplug yourself? Thomson thinks the answer is ‘yes’. And this, she thinks, shows that abortion is permissible even if the fetus is a person. While the majority of her article focuses on the ethics of abortion, it is clear that she also aims to show that abortion should be legal if the fetus is a person; she would no doubt reject the view that the state is right to coerce you into …. (shrink)