ABSTRACT This essay advances several interrelated arguments concerning the proper role of the state with regard to marriage and divorce but my main contention is that ‘pure’no‐fault divorce laws are unjust—or, at least, they are unjust if marriage involves a genuinely contractual element, and there seems to be very little doubt that it does. Locke, Kant and Hegel are three eminent thinkers who are alike in viewing marriage as a contract and in the first two sections of the essay I (...) consider their views on the role of contract in marriage. Whilst holding that marriage is more than a contract, I also hold that it is not less than a contract. In section three I consider the implications of this ‘not less than’, the most important one being that ‘pure’no‐fault divorce laws are unjust. I shall contend that whilst the irretrievable breakdown of marriage may be regarded as a suitable ground for divorce, it simply cannot, and certainly ought not to, be regarded as a justificatory basis for the laying aside of rights acquired by individuals as a result of their having entered into a marital contract. However minimal one might wish the role of the state to be, or however averse one might be from allowing the state any role at all in purely personal and confidential relationships, yet to allow the expression ‘the irretrievable breakdown of marriage’to be employed as a olanket to cover over the infringement of personal, contractually engendered and civilly recognised rights, is not to exercise commendable restraint but is, rather, to condone what is simply an abnegation by the state of its basic responsibility to ensure that justice prevails. (shrink)

In this article I argue against the view, recently espoused by several authors, that the `incommensurability of values' and `political pespectivism' offer us decisive reasons as to why we should break the link between representation and (the quest for) unity. I hold that it is of paramount importance to retain this essential link. Since Sir Isaiah Berlin has played a major (and in my view unfortunate) role in linking `politics as the quest for unity and the common good' with the (...) `totalitarian temptation', I proceed to show how it is possible to have an understanding of politics as precisely such a quest, but without succumbing to the temptation to totalitarianism that Berlin alerts us to. I then take issue with Chantal Mouffe's view that the tendency to antagonism, rather than the quest for unity and rational consensus, is `the essence of the political'. (shrink)

In this article I argue that the kind of ethical-metaphysical theory of the state that we broadly associate with idealist political philosophy provides us with a theoretical account of the state that is both sound and insightful and that, far from having been consigned to the dustbin of history by the hostile criticisms to which it has been subjected in the 20th century , it still remains the most profound and powerful account of the state available to the political science (...) community today. It is extremely important, I contend, in helping us to understand the state’s vital function as the font of emancipatory political criticism. I also suggest that the ethical-metaphysical theory of the state has the distinct advantage of providing us with a genuine ‘theory of the state’, for it alone wholeheartedly subscribes to the view that the state is the inner core or substance of political life, whereas its critics generally hold that the state is a dangerous illusion. (shrink)

In this article I argue that the kind of ethical-metaphysical theory of the state that we broadly associate with idealist political philosophy provides us with a theoretical account of the state that is both sound and insightful and that, far from having been consigned to the dustbin of history by the hostile criticisms to which it has been subjected in the 20th century, it still remains the most profound and powerful account of the state available to the political science community (...) today. It is extremely important, I contend, in helping us to understand the state’s vital function as the font of emancipatory political criticism. I also suggest that the ethical-metaphysical theory of the state has the distinct advantage of providing us with a genuine ‘theory of the state’, for it alone wholeheartedly subscribes to the view that the state is the inner core or substance of political life, whereas its critics generally hold that the state is a dangerous illusion. (shrink)

In this article I consider Foucault's credentials as a postmodern `champion' of the `politics of difference'. First, however, I note that the familiar expression `the postmodern politics of difference' is in fact self-contradictory, or at least it is a contradiction in terms (1) if we concede that the ongoing ethical/normative task confronting politics is the unifying or synthesizing of differences and (2) if we accept, with pleasure or dismay, that postmodernism exhibits a profoundly suspicious attitude towards this ethical task and (...) towards moral principles and normative positions generally. I then ask whether or not Foucault adopted a normative position that could provide the necessary ethical support for a `politics of difference'. I argue that it is possible to find an element of genuine normativity in Foucault's work (of the kind required for a `politics of difference') by considering his views on the role of the intellectual, on the font of legitimacy, on grand theory and on essence. I also consider the work of some well-known recent commentators on Foucault (Judith Butler, William Connolly and John Ransom) who discuss this normative/political dimension of his work. (shrink)

In this article I argue against the view, recently espoused by several authors, that the `incommensurability of values' and `political pespectivism' offer us decisive reasons as to why we should break the link between representation and (the quest for) unity. I hold that it is of paramount importance to retain this essential link. Since Sir Isaiah Berlin has played a major (and in my view unfortunate) role in linking `politics as the quest for unity and the common good' with the (...) `totalitarian temptation', I proceed to show how it is possible to have an understanding of politics as precisely such a quest, but without succumbing to the temptation to totalitarianism that Berlin alerts us to. I then take issue with Chantal Mouffe's view that the tendency to antagonism, rather than the quest for unity and rational consensus, is `the essence of the political'. (shrink)

In this article, I wish to suggest that the relationship of social work and social policy to “Truth” is of crucial importance for sound professional practice, and I attempt to substantiate this claim by analyzing and highlighting the very harmful consequences of ignoring, dismissing or distorting this relationship. I will show that these very definite and deleterious consequences inevitably arise as soon as Foucauldian postmodernists attempt to cut the link between professional practice in social work and social policy, and the (...) ongoing quest for the “Truth” of our humanity. I then suggest that if Foucault, taken as representative of contemporary postmodernism, is the “problem,” then the solution lies in the work of a theorist such as Bosanquet, taken as representative of traditional social philosophy and political theory. I conclude with an investigation into the role of what I call “ethico-political consciousness” in both the civic and professional pursuit of Truth in social life. (shrink)

In this article, I speak self-consciously as a man of faith addressing both believers and non-believers, but with the latter especially in mind. I suggest that we are currently witnessing (i) a highly significant departure from the ‘old’ model of liberal society that championed a sacred-secular divide, where the state was (only) a neutral umpire with a deliberately cultivated attitude of ‘studied public indifference’ to the ‘inner life’ of the vast host of (private) associations that itwas obliged to impartially regulate, (...) and (ii) a transition to a ‘new’ post-secular model of liberal society that champions and promotes a sacred-secular distinction (a complementary unity of distinct aspects), where the state is obliged to rethink itself and become (also) the state of its society. In this respect, it resembles the state in the era of Christendom. I hold that Rawls and Habermas are handicapped in their efforts to theorise post-secular society as a result of their strong anti-metaphysical posture. (shrink)

In this article I argue that Jacques Derrida is correct in holding that the law is always an authorized force but that he is mistaken in suggesting that its ultimate font or origin (what he calls the ‘mystical foundation of authority’) is an originary or ‘foundationalional’ act of violence. I suggest that Derrida and, more recently, Jens Bartelson fall prey to a curious, one-sided narrow view of ‘foundationalism’ and contrast their overly ‘architecturalized’ image of the ‘foundation’ of authority with the (...) foundationalism of Thomas Hobbes which is, I shall argue, architectural only as and when appropriate. I also suggest that Hobbes helps us to see that the state, strictly speaking, does not ‘have’ or ‘exercise’ authority but that it is, rather, the font or source of the authority wielded by its (empirical) government. Key Words: Jens Bartelson • Jacques Derrida • Thomas Hobbes • justice • Immanuel Kant • law • Michel de Montaigne • Blaise Pascal • violence. (shrink)

ABSTRACTRational agents have consistent beliefs. Bayesianism is a theory of consistency for partial belief states. Rational agents also respond appropriately to experience. Dogmatism is a theory of how to respond appropriately to experience. Hence, Dogmatism and Bayesianism are theories of two very different aspects of rationality. It's surprising, then, that in recent years it has become common to claim that Dogmatism and Bayesianism are jointly inconsistent: how can two independently consistent theories with distinct subject matter be jointly inconsistent? In this (...) essay I argue that Bayesianism and Dogmatism are inconsistent only with the addition of a specific hypothesis about how the appropriate responses to perceptual experience are to be incorporated into the formal models of the Bayesian. That hypothesis isn't essential either to Bayesianism or to Dogmatism, and so Bayesianism and Dogmatism are jointly consistent. That leaves the matter of how experiences and credences are related, a... (shrink)

If the rhetorical and economic investment of educators, policy makers and the popular press in the United States is any indication, then unbridled enthusiasm for the introduction of computer mediated communication (CMC) into the educational process is wide-spread. In large part this enthusiasm is rooted in the hope that through the use of Internet-based CMC we may create an expanded community of learners and educators not principally bounded by physical geography. The purpose of this paper is to reflect critically upon (...) whether students and teachers are truly linked together as a``community'' through the use of Internet-based CMC. The paper uses the writings of Kierkegaard, and Hubert Dreyfus's exploration of Kierkegaardian ideas, to look more closely at the prospects and problems embedded in the use of Internet-based CMC to create "distributed communities" of teachers and learners. It is argued that from Kierkegaard's perspective, technologically mediated communications run a serious risk of attenuating interpersonal connectivity. Insofar as interpersonal connectivity is an integral component of education, such attenuation bodes ill for some, and perhaps many instances of Internet-based CMC. (shrink)

A comment on “Editorial 37” Content Type Journal Article Pages 93-95 DOI 10.1007/s10698-011-9110-4 Authors Brian T. Sutcliffe, Laboratoire de Chimie quantique et Photophysique, Université Libre de Bruxelles, B-1050 Bruxelles, Belgium R. Guy Woolley, School of Biomedical and Natural Sciences, Nottingham Trent University, Nottingham, NG11 8NS UK Journal Foundations of Chemistry Online ISSN 1572-8463 Print ISSN 1386-4238 Journal Volume Volume 13 Journal Issue Volume 13, Number 2.

There is a growing interest among scientists and the lay public alike in using the South American psychedelic brew, ayahuasca, to treat psychiatric disorders like depression and anxiety. Such a practice is controversial due to a style of reasoning within conventional psychiatry that sees psychedelic-induced modified states of consciousness as pathological. This article analyzes the academic literature on ayahuasca's psychological effects to determine how this style of reasoning is shaping formal scientific discourse on ayahuasca's therapeutic potential as a treatment for (...) depression and anxiety. Findings from these publications suggest that different kinds of experiments are differentially affected by this style of reasoning but can nonetheless indicate some potential therapeutic utility of the ayahuasca-induced modified state of consciousness. The article concludes by suggesting ways in which conventional psychiatry's dominant style of reasoning about psychedelic modified states of consciousness could be reconsidered. (shrink)

Levinas distances himself from Kierkegaardian analyses by suggesting that It is not I who resist the system, as Kierkegaard thought; it is the other. This seems an obvious misreading of Kierkegaard. Resistance, for Kierkegaard, never legitimately arises from the I, but from a God-relationship that breaks through the sphere of immanence and disturbs the system. But, for Levinas it is problematic to suggest a God-relationship distinct from interhuman relationships. Transcendent interhuman relations, Levinas contends, give theological concepts [their] sole signification. Yet, (...) similarities in their accounts of ethical subjectivity and conscience may tempt one to suggest, as a recent commentator does, that appropriation of the Kierkegaardian framework by Levinas is problematic insofar as it is misapplied to interhuman relationships... .; I resist this understanding of the problem. Levinas is not only concerned with denying the interlocutor (i.e., God) in Kierkegaard's description of the transcendent awareness that grounds conscience. Levinas also questions the nature of interlocution implied by Kierkegaard. Levinas' criticisms of Kierkegaard set an important agenda for the study of Kierkegaard by demanding that one address the difficulties that the problematics of hearing raise for Kierkegaard's account of conscientious subjectivity. His challenge could profoundly affect and, in my opinion, enrich the Kierkegaardian account. (shrink)

The principle of proportionate causality is often cited as a cause for concern that Thomistic metaphysics may be irreconcilable with a theory of biological evolution. St. Thomas does hold that for the generation of what he calls perfect animals, a generator of the same species is required. This study clarifies what the proportionate causes of generated organisms are for Thomas, examining his views about spontaneous generation, reproductive generation, and hybridization, while also articulating the roles of both the heavenly bodies and (...) their separate movers as universal causes of generation. This study establishes that Thomas’s assertion of the need for a univocal generator for perfect animals is grounded not in the principle of proportionate causality, but rather in physical and biological doctrines received from Aristotle and in a causal principle that seems reconcilable with biological evolution, namely, that a remote universal cause requires more mediating causes to produce more powerful effects. (shrink)

As I head home from work, I’m not sure whether my daughter’s new bike is green, and I’m also not sure whether I’m on drugs that distort my color perception. One thing that I am sure about is that my attitudes towards those possibilities are evidentially independent of one another, in the sense that changing my confidence in one shouldn’t affect my confidence in the other. When I get home and see the bike it looks green, so I increase my (...) confidence that it is green. But something else has changed: now an increase in my confidence that I’m on color-drugs would undermine my confidence that the bike is green. Jonathan Weisberg and Jim Pryor argue that the preceding story is problematic for standard Bayesian accounts of perceptual learning. Due to the ‘rigidity’ of Conditionalization, a negative probabilistic correlation between two propositions cannot be introduced by updating on one of them. Hence if my beliefs about my own color-sobriety start out independent of my beliefs about the color of the bike, then they must remain independent after I have my perceptual experience and update accordingly. Weisberg takes this to be a reason to reject Conditionalization. I argue that this conclusion is too pessimistic: Conditionalization is only part of the Bayesian story of perceptual learning, and the other part needn’t preserve independence. Hence Bayesian accounts of perceptual learning are perfectly consistent with potential underminers for perceptual beliefs. (shrink)

Seeing a red hat can (i) increase my credence in the hat is red, and (ii) introduce a negative dependence between that proposition and po- tential undermining defeaters such as the light is red. The rigidity of Jeffrey Conditionalization makes this awkward, as rigidity preserves inde- pendence. The picture is less awkward given ‘Holistic Conditionalization’, or so it is claimed. I defend Jeffrey Conditionalization’s consistency with underminable perceptual learning and its superiority to Holistic Conditionalization, arguing that the latter is merely (...) a special case of the former, is itself rigid, and is committed to implausible accounts of perceptual con- firmation and of undermining defeat. (shrink)

We investigate the role of legitimacy in setting organizational goals as a way to address the potential “dark,” unethical side of organizational goal setting. Coupling qualitative and quantitative research methods to better understand legitimacy in goal setting, we first induce novel hypotheses based on observed practice and then provide survey evidence to test the performance implications. Study 1 reports findings based on interviews with twenty-two company executives. We identify attention to goal credibility, prioritization of stakeholders directly involved in the goal’s (...) attainment when setting goals, and communication openness regarding goals, as well as their combination, as being important to organizational performance outcomes. Study 2 determines whether these three practices and their interaction predict performance using a survey conducted with 522 companies across four countries. Among other findings, we contribute to the organizational goal setting literature by showing that higher organizational performance is associated with the amount of priority given to the key actors (typically employees) directly involved with the goal’s attainment. We also find a positive interaction between attention to goal credibility, key actor (employee) importance, and communication openness on financial performance and non-financial goal attainment. Our work takes an initial step toward understanding how organizations can better shape the legitimacy of organizational goals for improved organizational performance and reduced unethical behavior. (shrink)

In the United States, there has been tremendous growth in a form of third-party litigation financing where investors buy pieces of lawsuits from plaintiffs. Many scholars believe that this new financing helps to balance the risk tolerance of plaintiffs and defendants and thereby facilitates the resolution of litigation in a way that more closely tracks the goals of the substantive law. In this Article, I ask whether these risk-balancing virtues of claim investing carry over into class action cases. This is (...) a question that has not yet been addressed by scholars because many think it is not possible for financiers to buy pieces of class action lawsuits in the United States. But I show that such investments are neither impractical nor unethical; indeed, it appears that they are already here. It is therefore worth considering whether the investments confer the same social benefits they do in other cases. I argue that although class members do not need a risk transfer device in class action cases because they are almost always risk-neutral in light of their small losses, their lawyers do need such a device. Although this does not necessarily mean that claim investing is socially desirable overall in class actions, the social costs that have thus far been identified with claim investing seem modest compared to the benefits. (shrink)

Interpreters of Aquinas tend to posit a seamless transition from knowledge of the transcendentals in the abstract to naming God as one, true, and good. Some even suggest that the convertibility of the transcendentals with being implies the unity, truth, and goodness of esse divinum. Others hold simply that the meaning and order of these divine names is founded upon the meaning of the transcendentals. This study: (1) explains why Aquinas avoids “transcendental arguments” for these divine names; (2) argues that (...) truth and goodness, as divine names, are derived not only from the transcendental meanings of these terms but also from specific perfections: namely, truth of intellect and moral goodness; (3) shows that the order of these divine names in the two Summae (being, good, one, true) better reflects the order of the transcendentals as received perfections than their more familiar order in the abstract (being, one, true, good). (shrink)

Interpreters of Aquinas tend to posit a seamless transition from knowledge of the transcendentals in the abstract to naming God as one, true, and good. Some even suggest that the convertibility of the transcendentals with being implies the unity, truth, and goodness of esse divinum. Others hold simply that the meaning and order of these divine names is founded upon the meaning of the transcendentals. This study: explains why Aquinas avoids “transcendental arguments” for these divine names; argues that truth and (...) goodness, as divine names, are derived not only from the transcendental meanings of these terms but also from specific perfections: namely, truth of intellect and moral goodness; shows that the order of these divine names in the two Summae better reflects the order of the transcendentals as received perfections than their more familiar order in the abstract. (shrink)

Public trust in business is one of the most important but least understood issues for business leaders, public officials, employees, NGOs and other key stakeholders. This book provides much-needed thinking on the topic. Drawing on the expertise of an international array of experts from academic disciplines including business, sociology, political science and philosophy, it explores long-term strategies for building and maintaining public trust in business. The authors look to new ways of moving forward by carefully blending the latest academic research (...) with conclusions for future research and practice. They address core drivers of public trust, how to manage it effectively, the consequences of low public trust, and how best to trust challenges and restore trust when it has been lost. This is a must-read for business practitioners, policy makers and students taking courses in corporate social responsibility or business ethics. (shrink)

When the Norwegian Nobel Committee announced United States of America President Barack Obama as the recipient of the 2009 Nobel Peace Prize, manycommentators quickly questioned the choice. Conservatives in particular argued that Obama had not yet accomplished anything to warrant such recognition. Such remarks promoted a perspective that creates a dichotomy between words and action, between rhetoric and policies. However, this rhetorical analysisconsiders four important rhetorical acts by Obama that involved more than just words but actual progress toward peace. The (...) four speeches by Obama analyzedare his inaugural address, his address in Prague on nuclear weapons, his speech at Cairo University, and his speech to the United Nations. Implications areconsidered concerning the importance of scholars examining peace rhetoric. (shrink)

When the Norwegian Nobel Committee announced United States of America President Barack Obama as the recipient of the 2009 Nobel Peace Prize, manycommentators quickly questioned the choice. Conservatives in particular argued that Obama had not yet accomplished anything to warrant such recognition. Such remarks promoted a perspective that creates a dichotomy between words and action, between rhetoric and policies. However, this rhetorical analysisconsiders four important rhetorical acts by Obama that involved more than just words but actual progress toward peace. The (...) four speeches by Obama analyzedare his inaugural address, his address in Prague on nuclear weapons, his speech at Cairo University, and his speech to the United Nations. Implications areconsidered concerning the importance of scholars examining peace rhetoric. (shrink)

Classical embryological studies have provided a great deal of information on the autonomy and stability of cell fate determination in early sea urchin embryos. However, these studies were limited by the tools available at the time, and the interpretation of the results of these experiments was limited by the lack of information available at the molecular level. Recent studies which have re‐examined classical experiments at the molecular level have provided important new insights into the mechanism of determination in sea urchins, (...) and require us to re‐evaluate some long standing theories on the process of differentiation. (shrink)

In the past few years, a second phase of biomedical ethics in Japan has begun to surface with a succession of governmental guidelines and laws regulating biomedical technology. Although this rush of guidelines exemplifies a heightened awareness concerning ethical standards for healthcare research, it also invites several practical, political, and procedural problems.

BackgroundMost medical schools in Japan have incorporated mandatory courses on medical ethics. To this date, however, there is no established means of evaluating medical ethics education in Japan. This study looks 1) To develop a brief, objective method of evaluation for moral sensitivity and reasoning; 2) To conduct a test battery for the PIT and the DIT on medical students who are either currently in school or who have recently graduated (residents); 3) To investigate changes in moral sensitivity and reasoning (...) between school years among medical students and residents.MethodsQuestionnaire survey: Two questionnaires were employed, the Problem Identification Test (PIT) for evaluation of moral sensitivity and a portion of the Defining Issues Test (DIT) for moral reasoning. Subjects consisted of 559 medical school students and 272 residents who recently graduated from the same medical school located in an urban area of Japan.ResultsPIT results showed an increase in moral sensitivity in 4th and 5th year students followed by a decrease in 6th year students and in residents. No change in moral development stage was observed. However, DIT results described a gradual rising shift in moral decision-making concerning euthanasia between school years. No valid correlation was observed between PIT and DIT questionnaires.ConclusionThis study's questionnaire survey, which incorporates both PIT and DIT, could be used as a brief and objective means of evaluating medical students' moral sensitivity and reasoning in Japan. (shrink)

In Japan, modern biomedical ethics emerged in the early 1980s. One of the main triggers was the nationwide debate on organ transplantation and brain death. A lengthy process of academic, religious, and political discussion concerning organ transplantation, lasting well over a few decades, resulted in the enactment of the Organ Transplantation Law in 1997.1 The defining of death and other bioethical issues, including death with dignity and euthanasia, were also stimulating topics throughout the latter end of the twentieth century. For (...) instance, the death-with-dignity movement, which started around the late 1960s, developed into a hospice/palliative-care movement by the end of the 1980s. (shrink)

Background Ethics committees and their system of research protocol peer-review are currently used worldwide. To ensure an international standard for research ethics and safety, however, data is needed on the quality and function of each nation's ethics committees. The purpose of this study was to describe the characteristics and developments of ethics committees established at medical schools and general hospitals in Japan. Methods This study consisted of four national surveys sent twice over a period of eight years to two separate (...) samples. The first target was the ethics committees of all 80 medical schools and the second target was all general hospitals with over 300 beds in Japan (n = 1457 in 1996 and n = 1491 in 2002). Instruments contained four sections: (1) committee structure, (2) frequency of annual meetings, (3) committee function, and (4) existence of a set of guidelines for the refusal of blood transfusion by Jehovah's Witnesses. Results Committee structure was overall interdisciplinary. Frequency of annual meetings increased significantly for both medical school and hospital ethics committees over the eight years. The primary activities for medical school and hospital ethics committees were research protocol reviews and policy making. Results also showed a significant increase in the use of ethical guidelines, particularly those related to the refusal of blood transfusion by Jehovah's Witnesses, among both medical school and hospital ethics committees. Conclusion Overall findings indicated a greater recognized degree of responsibilities and an increase in workload for Japanese ethics committees. (shrink)