Legitimate political authority is often said to involve a “right to rule,” which is most plausibly understood as a Hohfeldian moral power on the part of the state to impose obligations on its subjects (or otherwise to change their normative situation). Many writers have taken the state’s moral power (if and when it exists) to be a correlate, in some sense, of an obligation on the part of the state’s subjects to obey its directives. Thus legitimate political authority is said (...) to entail a general obligation to obey the law, and a general obligation to obey the law is said to entail legitimate political authority. With some version of this idea in mind, many writers attempt to establish full (or partial) legitimate political authority by first arguing for the intermediate conclusion that there exists a general (or partial) obligation to obey the law. This article argues that such a strategy is fundamentally mistaken, because while legitimate authority does indeed entail an obligation to obey the law, an obligation to obey the law does not, in and of itself, entail legitimate authority. This can be referred to as “the reverse entailment problem.” To avoid this problem, a theory of political authority must argue directly for the existence of the appropriate kind of moral power on the part of the state. This article argues for the “value-based” conception of a moral power, which states, very roughly, that one person holds a power over another if there is sufficient value in the former possessing the capacity intentionally to impose an obligation on the latter (or otherwise to change her normative situation). This seemingly simple understanding of a moral power gives rise to surprisingly strong adequacy conditions on what can count as an acceptable theory of legitimate political authority, and these conditions decisively rule out most of the standard theories in the literature. (shrink)

Confidentiality of health information is increasingly relevant in the era of electronic medical records. We discuss the case of a hospitalized patient who requested a neurology consultation for an episode he described as an “LSD-like” flashback. The patient expressed concern that the episode was a residual effect of past drug use, but subsequently requested that his drug use not be documented. Involved in a custody battle, he feared that if his records were released to the court he could lose custody (...) of his children. Ethical concerns arose with regards to the physician’s competing obligations with a duty to record information accurately and honestly, respect patient autonomy, and maintain patient confidentiality. We discuss the decision of the team to document the patient’s drug use by arguing that the obligation to maintain confidentiality did not supersede the primary role of the medical record as a complete and accurate account, which cannot be altered at a patient’s behest. (shrink)

To understand H.L.A. Hart's general theory of law, it is helpful to distinguish betweensubstantiveandmethodologicallegal positivism. Substantive legal positivism is the view that there is no necessary connection between morality and the content of law. Methodological legal positivism is the view that legal theory can and should offer a normatively neutral description of a particular social phenomenon, namely law. Methodological positivism holds, we might say, not that there is no necessary connection between morality and law, but rather that there is no (...) connection, necessary or otherwise, between morality and legal theory. The respective claims of substantive and methodological positivism are, at least on the surface, logically independent. Hobbes and Bentham employed normative methodologies to defend versions of substantive positivism, and in modern times Michael Moore has developed what can be regarded as a variant of methodological positivism to defend a theory of natural law. (shrink)

This chapter contains sections titled: Economic Theories: Internalization Economic Theories: Deterrence Economic Theories: Loss Spreading Rights‐Based Theories and Distributive Justice Rights‐Based Theories and Corrective Justice References.

When we mathematically model natural phenomena, there is an assumption concerning how the mathematics relates to the actual phenomenon in question. This assumption is that mathematics represents the world by “mapping on” to it. I argue that this assumption of mapping, or correspondence between mathematics and natural phenomena, breaks down when we ignore the fine grain of our physical concepts. I show that this is a source of trouble for the mapping account of applied mathematics, using the case of Prandtl’s (...) Boundary Layer solution to the Navier-Stokes equations. (shrink)

In this article I discuss a number of issues raised by Professor Jules Coleman's recent article "Beyond the Separability Thesis." I suggest, to begin, that Coleman is correct that neither a narrow nor a broad formulation of the separability thesis takes us very far towards a robust distinction between legal positivism and legal non-positivism. I then offer a brief discussion of methodology in jurisprudence, suggesting that Coleman accepts, at least implicitly, what I call a "methodology of necessary features." Since there (...) is reason to think that law possesses some necessary features that are non-normative (or descriptive) and others that are moral in character, the promise of this pluralistic approach is that it will be capable of bridging the gap between so-called "descriptive" and "normative" theories of methodology in jurisprudence. Since the distinction between descriptive and normative methodological theories is sometimes taken to be one way, among others, of drawing a distinction between positivist and non-positivist theories of law, the pluralism of the "methodology of necessary features" gives us yet one more reason to think that the distinction between positivism and non-positivism is not a theoretically fundamental one. Finally, I discuss Coleman's "moral semantics claim," i.e., the idea that "legal content is best understood as moral directives about what is to be done and who is to decide what is to be done." Coleman acknowledges that the moral semantics claim, when taken together with the social facts thesis, raises a well-known problem: How can social facts create content-independent reasons for action? I suggest that we are most likely to find the answer to this question by focusing directly on whether or not law's claimed moral authority—meaning its claimed moral power—can be justified, rather than by focusing indirectly, as many theorists have done, on the existence or non-existence of a general obligation to obey the law. (shrink)

Communication Theories for Everyday Life introduces readers to the complexities of theories in communication studies, mass communication, and public relations, emphasizing their connection to everyday life. Instead of utilizing a "theory-a-day" approach, this text cuts across content areas and clusters related theories, making them easier for readers to process and apply to real-life situations. Communication Theories for Everyday Life also addresses theories in emerging areas and growing fields, such as media research, organizational communication, and computer-mediated communication, while still featuring the (...) traditional theories that always have defined the field. Features: Contextualizes theory with an introductory chapter in each of the main content areas that introduces the theories and research in the field, showing students how the theories developed. Features new theories and subject areas not present in most traditional communication theory textbooks, including new interactive technologies, feminist scholarship, British cultural studies, semiotics, postmodernism, and critical race theory. Emphasizes the application of some theories across many subject areas through headings in the form of questions that encourage students to process material and explore for themselves how theories and content apply to their lives. Uses case-study chapters that demonstrate to students how each subject area would use theory to solve or understand issues in everyday life. Reviews theories for the three main genres of communication - communication studies, mass communication, and public relations - with balanced coverage, examining the unique contributions each area has made to the field of communication as a whole. Page 1 of 1. (shrink)

BackgroundThe sustained rise in negative mental health reports among university students is a source of continued global concern, and investigation continues into potential contributors to this rise. This includes the increased prevalence of risky sexual behaviors. Related is the increased prevalence of pornography use. Our study sought to explore the potential relationship between compulsive use of pornography and mental health in university students.MethodsOur sample consisted of university students from Franciscan University of Steubenville, Steubenville, Ohio. An anonymous survey was sent to (...) all students at the university over the age of 18. The survey was comprised of the following: demographic questions, questions on pornography use and perception, a modified version of the Compulsive Internet Use Scale assessing various factors associated with compulsive internet pornography use, questions assessing emotional and sexual states relative to pornography use, and the 21-question version of the Depression, Anxiety and Stress Scale.ResultsOur results indicate that 56.6% of those surveyed reported lifetime pornography use, with a significantly higher proportion of males than females reporting such use. The majority of students reported accessing pornography through internet-related technologies. Additionally, 17.0, 20.4, and 13.5% of students reported severe or extremely severe levels of depression, anxiety and stress, respectively, with compulsive pornography use significantly affecting all three mental health parameters in both sexes. Exploratory Factor Analysis identified three factors suggesting emotional coping, dependence and preoccupation for the mCIUS items and three factors reflecting interoceptive, impotent, and extrinsic characteristics for the EmSS items. Regression analysis indicated that various demographics, items pertaining to reduced control and social impairment, and other variables pertaining to pornography use predicted mental health outcomes. Faith, morals and personal motivation were the primary variables reported to help reduce pornography use.ConclusionOur analyses indicate a significant relationship between mental health and pornography use, including behaviors reflecting behavioral addictions, highlighting the necessity for a better understanding and consideration of the potential contribution of internet pornography to negative mental health among university students. (shrink)

As a leading measure of journal quality, acceptance rates of journals can influence faculty recruitment, salary, tenure and promotion decisions; subscription decisions; and authors’ intention to submit manuscripts. Recent literature from both the Communication and Hospitality Management disciplines suggests that there are wide differences in the formulas used by editors to calculate acceptance rates. Because differing methods of acceptance rate calculation potentially impact significant decisions, a universally accepted and applied standard could be developed. A normative standard, grounded in a specific (...) core ethical principle, is generally preferable to a nonfoundational approach. Two primary approaches to the study of ethics have prevailed through time, teleological ethics with a focus on consequences as represented by Mill’s Utilitarian ideals and deontological ethics with a focus on duty as represented by Kant’s Categorical Imperative. This analysis applies these two ethical frameworks, utility and duty, to the journal editors’ dilemma of finding a common, normative method to calculate acceptance rates. (shrink)

This article is a response to Stephen Law's article ‘The evil-god challenge’. In his article, Law argues that if belief in evil-god is unreasonable, then belief in good-god is unreasonable; that the antecedent is true; and hence so is the consequent. In this article, I show that Law's affirmation of the antecedent is predicated on the problem of good (i.e. the problem of whether an all-evil, all-powerful, and all-knowing God would allow there to be as much good in the (...) world as there is), and argue that the problem of good fails. Thus, the antecedent is unmotivated, which renders the consequent unmotivated. Law's challenge for good-god theists is to show that good-god theism is not rendered unreasonable by the problem of evil in the same way that evil-god theism is rendered unreasonable by the problem of good. Insofar as the problem of good does not render belief in evil-god unreasonable, Law's challenge has been answered: since it is not unreasonable to believe in evil-god (at least for the reasons that Law gives) it is not unreasonable to believe in good-god. Finally, I show that – my criticism aside – the evil-god challenge turns out to be more complicated and controversial than it initially appears, for it relies on the (previously unacknowledged) contentious assumption that sceptical theism is false. (shrink)

These excellent volumes show both the strengths and weaknesses of contemporary and serious Dworkin scholarship . Mostly the articles are new, although Susan Hurley's paper in the Hershowitz volume was first published in 1990. As to be expected with work on Dworkin, the division between political and legal theory is not distinct because – as is well-known – he integrates moral problems of politics both into the choice of legal theory and legal argument itself. But, some issues may be separated (...) and since there are excellent essays on both equality of resources and the relevance of ‘intrinsic’ values, I have separated my discussion into the two heads of ‘legal theory’ and ‘political theory’. Work on his political theory is not as advanced as it is on his legal theory and so I have largely directed my attention to the latter. I conclude that the most profitable work with Dworkin's legal theory lies in exploring the idea of the ‘interpretive concept’ and its connection with moral ideals, and in assessing the moral weight of integrity, particularly against the ideals of justice and fairness. Almost all the essays on legal theory show awareness of difficulties concerning these two issues although no one takes on interpretivism directly . However, Stephen Perry and Dale Smith in the Hershowitz volume and Sanford Levinson in the Ripstein volume push the boundaries some way with integrity. (shrink)

A wide-ranging, collection focusing on the practical philosophy of Williams, with many chapters on politically relevant themes and many trying to assess the importance and influence of Williams. With contributions by Roman Altshuler, Mathieu Beirlaen, Thom Brooks, Jonathan Dancy, Jennifer Flynn, Lorenzo Greco, Chris D. Herrera, James Kellenberger, Colin Koopman, Stephen Leach, Esther Abin, Nancy Matchett, Jeff McMahan, Sarah Pawlett, Jonathan Sands-Wise, Robert Talisse, and Owen Ware.

A Brief History of Time: From the Big Bang to Black Holes is a popular-science book on cosmology (the study of the origin and evolution of the universe) by British physicist Stephen Hawking. It was first published in 1988. Hawking wrote the book for readers who have no prior knowledge of the universe and people who are interested in learning.

A comprehensive reassessment of the concept of mimesis in the history of ancient Greek aesthetics and philosophy of art, with particular attention to Plato, Aristotle, Hellenistic philosophy, and neoplatonism. There is also a wide-ranging review of arguments pro and contra the idea of artistic mimesis from the Renaissance to modern literar theory. The book challenges standard accounts in numerous respects and builds a new dialectical model with which to make sense of the entire history of mimeticist thinking in aesthetics.

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)

Aboutness has been studied from any number of angles. Brentano made it the defining feature of the mental. Phenomenologists try to pin down the aboutness-features of particular mental states. Materialists sometimes claim to have grounded aboutness in natural regularities. Attempts have even been made, in library science and information theory, to operationalize the notion. But it has played no real role in philosophical semantics. This is surprising; sentences have aboutness-properties if anything does. Aboutness is the first book to examine through (...) a philosophical lens the role of subject matter in meaning. A long-standing tradition sees meaning as truth-conditions, to be specified by listing the scenarios in which a sentence is true. Nothing is said about the principle of selection--about what in a scenario gets it onto the list. Subject matter is the missing link here. A sentence is true because of how matters stand where its subject matter is concerned. Stephen Yablo maintains that this is not just a feature of subject matter, but its essence. One indicates what a sentence is about by mapping out logical space according to its changing ways of being true or false. The notion of content that results--directed content--is brought to bear on a range of philosophical topics, including ontology, verisimilitude, knowledge, loose talk, assertive content, and philosophical methodology. Written by one of today's leading philosophers, Aboutness represents a major advance in semantics and the philosophy of language. (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.

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)

In Return to Reason, Stephen Toulmin argues that the potential for reason to improve our lives has been hampered by a serious imbalance in our pursuit of ...

Stephen Hetherington's prominent career within epistemology has been a series of distinctive, bold, varied and provocative arguments and ideas. Bringing together Hetherington's unique body of writing for the first time, this collection features previously published as well as new material that link his approaches to key issues including knowledge, justification, fallibility, scepticism and the Gettier Problem. Advancing our understanding of the systemic nature of Hetherington's thinking, Stephen Hetherington on Epistemology presents his distinctive perspective on some of philosophy's central (...) questions about knowledge - an inviting blend of forensic detail and 'big picture' proposals. (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.

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

'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)