Max Weber's fragmentary writings on social status suggest that differentiation on this basis should disappear as capitalism develops. However, many of Weber's examples of status refer to the United States, which Weber held to be the epitome of capitalist development. Weber hints at a second form of status, one generated by capitalism, which might reconcile this contradiction, and later theorists emphasize the continuing importance of status hierarchies. This article argues that such theories have missed one of the most important forms (...) of contemporary status: celebrity. Celebrity is an omnipresent feature of contemporary society, blazing lasting impressions in the memories of all who cross its path. In keeping with Weber's conception of status, celebrity has come to dominate status “honor,” generate enormous economic benefits, and lay claim to certain legal privileges. Compared with other types of status, however, celebrity is status on speed. It confers honor in days, not generations; it decays over time, rather than accumulating; and it demands a constant supply of new recruits, rather than erecting barriers to entry. (shrink)

For more than twenty years, Opinion 6.01 of the American Medical Association's Code of Medical Ethics has specified that “a physician's fee for medical services should be based on the value of the service provided by the physician to the patient.” In 1994, the AMA amended Opinion 6.01, adding a new statement that “a physician's fee should not be made contingent on the successful outcome of medical treatment.”We believe that the amendment is wholly indefensible. Therefore, in this essay, we argue (...) that the AMA should lift this prohibition and encourage the use of result-based compensation for medical services in appropriate circumstances.The 1994 amendment dramatically changed the significance and scope of Opinion 6.01. Result-based compensation arrangements clearly satisfy the original version of Opinion 6.01 because they base compensation on the “value of the services provided … to the patient.” Yet, it is equally clear that result-based compensation arrangements violate the amended version of Opinion 6.01 because they necessarily make compensation “contingent on the successful outcome of medical treatment.”. (shrink)

In his essay, “Negative and Positive Positivism,” Jules L. Coleman extends in two important ways the Legal Positivism of H. L. A. Hart. First, he shows that the “separability thesis”—the claim that no necessary or constitutive relationship exists between law and morality—to which Positivists are wedded does not entail the view, attributed by Ronald Dworkin to Legal Positivists, that law consists in “hard facts.” Instead, the separability thesis requires only the possibility of deciding the truth of propositions of law. This (...) weaker requirement can be met by rules of recognition that are semantically adequate but that fail to set out tests by means of which the legal status of rules and norms may be verified. Second, Coleman argues that one can subscribe to the separability thesis and still maintain that judges may have a legal duty to couch decisions in moral terms whenever the “content or proper formulation of [a] rule of recognition” is in dispute. Such a legal duty may exist in virtue of a convergent practice “among judges of resolving the controversy in a particular way”. (shrink)

INTRODUCTION In any society relatively few disputes are brought to judges for resolution. Most are handled informally or forgotten. Fewer still are cases that go to trial. Most are settled. Compromises are reached even in cases where issues are hotly contested and where millions or billions of dollars in damages are claimed. Recently, for example, one of the most controversial lawsuits of our time, the Agent Orange case, was settled. In that case, veterans of the Vietnam War, their spouses, and (...) their children alleged that a defoliant — Agent Orange – used in Southeast Asia contained dioxin and was responsible for deaths, debilities, miscarriages, and birth defects suffered by members of the plaintiff class. Class members argued that the manufacturers of the defoliant, seven major chemical companies, knew that it was tainted and should be made to compensate them for their injuries, claiming billions of dollars in damages. The case received national exposure and became a rallying point for veterans, a means they hoped to use to publicize their plight and to spur Congress to come to their aid. On the eve of trial, the case was settled. The defendants, who denied liability throughout the pretrial period, agreed to pay the veterans $180 million. In turn, the plaintiff class agreed to drop the suit. Thus ended a controversy which not only presented novel legal issues and tested the ability of the federal courts to handle complex lawsuits, but concerned the well-being of a large number of veterans, their spouses, and their handicapped children as well. (shrink)

I have argued that Legal Positivism can accommodate the existence oftheoretical disagreements in law and that Ronald Dworkin is wrongto claim otherwise. As far as Legal Positivists are concerned, evenjudges who differ over both the truth of propositions of law and thegrounds or sources of law can have a legal duty to resolve their dis-agreements on the basis of legal arguments. The duty exists whenconventional legal practice creates it. Moreover, all Anglo-Americanlegal systems impose the duty on judges because all such (...) systemscontain legal practices of the right sort: practices creating expectationsthat cases will be decided on the law even when they raise doubtsabout the content or proper formulation of a rule of recognition.Thus, Elmer's Case poses no threat to Legal Positivism. To the con-trary, it reveals the richness of that theory as few other cases can.Only if Elmer's Case is detached from the context of Anglo-American adjudication can it be said to undermine Legal Positivism.But then no theory of positive law could withstand its challenge. (shrink)

The wages of Dexios. The new Amphictyonic coinage reconsidered In Spring 336 BCE, the Delphic Amphictyony decided to create a full-weight Aeginetic coin-age : the “ new Amphictyonic”. A re-examination of the preliminary estimate of the minting (CID II 75, col. I, l. 46-56) allows us to establish that the minter was paid at a rate of 9 Amphictyonic obols per delivered mina, and had a margin of a sixtieth (1.67%) of the total silver mass, in order to cover (...) the losses in melting. An allowance for those two expenses, as well as the actual weight shortage of the different lots of coins intended for the melting pot, were entered in the account of the global ajpousiva (l. 48-49). Such a complex calculation fits perfectly with the practices of Greek goldsmiths. In Spring 335 BCE, the experiment of the new Amphictyonic was brutally interrupted, while about 46 talents of metal were still to be struck. This raw silver mass, intended to produce 44.31 talents of Amphictyonic coins, was exchanged for 45.31 talents of Attic coins – which meant a saving of a little more than a talent (CID II 76, col. III, l. 38-42). (shrink)

This article concerns a silver beaker (now at the Residenzmuseum, Munich) decorated with scenes which seem to be related to the Spanish conquest of Mexico. On the basis of stylistic, iconographic and archival evidence the silversmith is here tentatively identified with an Italian-born artist, Stefano Capello, who is thought to have added a decoration to a pre-existing beaker on the eve of the treaty of Cambrai (3 August 1529). Margaret of Austria, aunt of the emperor Charles V, might (...) have given the beaker as a gift to Louise of Savoy, mother of Francis I, king of France. The article argues, relying upon Warburg’s notion of Pathosformeln (formulas of emotion), that in the early 16th century the New World was perceived and made familiar through an Old World idiom, based on visual formulas taken from classical antiquity and mediated by the Italian Renaissance. (shrink)

Strategies are mentioned across a variety of domains, from business ethics, to the philosophy of war, philosophy of sport, game theory, and others. However, despite their wide use, very little has been said about how to think about what strategies are or how they relate to other prominently discussed concepts. In this article, I probe the close connection between strategies and plans, which have been much more thoroughly characterized in the philosophy of action. After highlighting the challenges of analyzing strategies (...) in terms of plans, I show how the work done on the connection between plans and intentions can inspire further questions about the nature of strategy. I conclude by showing how one particular innovation in the understanding of plans—how they can be more or less partial—can be used to help us to mark what makes for a good strategy. (shrink)

In The Origin of Species (1859) Darwin challenged many of the most deeply-held beliefs of the Western world. Arguing for a material, not divine, origin of species, he showed that new species are achieved by "natural selection." The Origin communicates the enthusiasm of original thinking in an open, descriptive style, and Darwin's emphasis on the value of diversity speaks more strongly now than ever. As well as a stimulating introduction and detailed notes, this edition offers a register of the many (...) writers referred to by Darwin in the text. (shrink)

Respondeat superior is a legal doctrine conferring liability from one party onto another because the latter stands in some relationship of authority over the former. Though originally a doctrine of tort law, for the past century it has been used within the criminal law, especially to the end of securing criminal liability for corporations. Here, I argue that on at least one prominent conception of criminal responsibility, we are not justified in using this doctrine in this way. Firms are not (...) answerable for the crimes committed by their employees, because firms cannot answer as to why the crime was committed; they lack the authority to offer the employee’s reasons for action. Though this rules out respondeat superior as a general principle, I show contexts in which vicarious liability is still appropriate in the criminal law, and I respond to a number of other concerns raised by this picture. (shrink)

Over 5 million college students in the United States – nearly one-in-three students currently enrolled – are of immigrant origin, meaning they are either the children of immigrant parents or guardians and/or immigrants themselves. These students accounted for almost 60% of the growth in higher education enrolment in the 21st century. Nevertheless, there is very little research dedicated to this student population's specific experiences of postsecondary education, with similar absences discernible within the realms of higher education policy and practice. Although (...) college campuses are making important progress in building more inclusive spaces, conversations about climate and student care rarely account for the journeys of students of immigrant origin. Featuring 20 chapters written by more than 50 contributors, this book addresses this glaring omission. The authors examine how students of immigrant origin experience the road to, through, and beyond higher education, while, simultaneously, speaking to evidence-based implications for policy, research, and practice. (shrink)

This paper (i) offers an interpretation of some central aspects of Jeremy Bentham’s philosophy of language, (ii) challenges the received view of its relation to analytic philosophy, and (iii) seeks to show that this investigation into the prehistory of analytic philosophy sheds light on its history proper. It has been often maintained, most notably by Quine, that Bentham anticipated Frege’s context principle and the use of contextual definition. On these bases, Bentham has been presented as one of the initiators of (...) a tradition that shares a common commitment to the “semantic priority of sentences” and that includes authors as otherwise diverse as Frege, Russell, and Wittgenstein. In opposition to this narrative, I argue that Bentham did indeed anticipate the use of contextual definition, but was not a forerunner of Frege’s context principle. The two issues should be sharply distinguished. I show that Bentham’s philosophy of language is informed by a set of empiricist assumptions that Frege’s contextualism was centrally meant to oppose. I conclude that with respect to the question of the relation between propositional and sub-propositional meaning, we should distinguish two opposed strands in the history of analytic philosophy: an empiricist strand anticipated by Bentham, represented most notably by Russell, and an anti-empiricist strand, represented most notably by Frege and Wittgenstein. (shrink)

The present edition provides a detailed and accessible discussion ofhis theories and adds an account of the immediate responses to the book on publication.

It is almost universally accepted that the Frege–Geach Point is necessary for explaining the inferential relations and compositional structure of truth-functionally complex propositions. I argue that this claim rests on a disputable view of propositional structure, which models truth-functionally complex propositions on atomic propositions. I propose an alternative view of propositional structure, based on a certain notion of simulation, which accounts for the relevant phenomena without accepting the Frege–Geach Point. The main contention is that truth-functionally complex propositions do not include (...) as their parts truth-evaluable propositions, but their simulations, which are neither forceful nor truth-evaluable. The view makes room for the idea that there is no such thing as the forceless expression of propositional contents and is attractive because it provides the resources for avoiding a fundamental problem generated by the Frege–Geach Point concerning the relation between forceless and forceful expressions of propositional contents. I further argue that the acceptance of the Frege–Geach Point mars Peter Hanks’ and François Recanati’s recent attempts to resist the widespread idea that assertoric force is extrinsic to the expression of propositional contents. Rejecting this idea, I maintain, requires a deeper break with the tradition than Hanks and Recanati have allowed for. (shrink)

Should engineering ethics be taught? Despite the obvious truism that we all want our students to be moral engineers who practice virtuous professional behavior, I argue, in this article that the question itself obscures several ambiguities that prompt preliminary resolution. Upon clarification of these ambiguities, and an attempt to delineate key issues that make the question a philosophically interesting one, I conclude that engineering ethics not only should not, but cannot, be taught if we understand “teaching engineering ethics” to mean (...) training engineers to be moral individuals (as some advocates seem to have proposed). However, I also conclude that there is a justification to teaching engineering ethics, insofar as we are able to clearly identify the most desirable and efficacious pedagogical approach to the subject area, which I propose to be a case study-based format that utilizes the principle of human cognitive pattern recognition. (shrink)

This paper argues that Wittgenstein opposed theories of meaning, and did so for good reasons. Theories of meaning, in the sense discussed here, are attempts to explain what makes it the case that certain sounds, shapes, or movements are meaningful linguistic expressions. It is widely believed that Wittgenstein made fundamental contributions to this explanatory project. I argue, by contrast, that in both his early and later works, Wittgenstein endorsed a disjunctivist conception of language which rejects the assumption underlying the question (...) that such theories seek to answer—namely, the assumption that the notion of a meaningful linguistic expression admits of non-circular analysis. Moreover, I give two arguments in favor of the view I ascribe to Wittgenstein: one based on later Wittgenstein's discussion of meaning skepticism and one based on considerations concerning the identity of linguistic expressions. (shrink)

The essays collected in this volume all explore the problem of the relation between moral philosophy and modernity. Charles Larmore addresses this problem by attempting to define the way distinctive forms of modern experience should orientate our moral thinking. Charles Larmore wonders whether the dominant forms of modern philosophy have not become blind to important dimensions of the moral life. The book argues against recent attempts to return to the virtue-centered perspective of ancient Greek ethics. As well as (...) exploring the differences between ancient and modern ethics, the author examines such topics as the roles of reason and history in our moral understanding, the inadequacy of philsophical naturalism, and the foundations of modern liberalism. There are also extended discussions of a number of leading contemporary philosophers: Rawls, Habermas, Williams and Rorty. (shrink)

Friederike Moltmann has recently proposed an account of truth-bearers that draws on Kazimierz Twardowski’s action/product distinction. Her account is meant to provide a third way between the dominant view of primary truth-bearers as mind-independent entities and the recently revived construal of them as mental or linguistic acts. This paper argues that there is no room for Twardowskian accounts because they are based on a notion of “nonenduring product” that defies comprehension, and no need for them because the linguistic data that (...) Twardowskians take to refute the act-theoretic approach can, in fact, be handled by that approach. (shrink)

This book proposes a new paradigm for the interpretation of Plato's early and middle dialogues. Rejecting the usual assumption of a distinct 'Socratic' period in the development of Plato's thought, this view regards the earlier works as deliberate preparation for the exposition of Plato's mature philosophy. Differences between the dialogues do not represent different stages in Plato's own thinking but rather different aspects and moments in the presentation of a new and unfamiliar view of reality. Once the fictional character of (...) the Socratic genre is recognised, there is no reason to regard Plato's early dialogues as representing the philosophy of the historical Socrates. The result is a unified interpretation of all of the dialogues down to the Republic and the Phaedrus. (shrink)

In Philosophy as Frustration: Happiness Found and Feigned from Greek Antiquity to Present Bruce Silver argues that traditional philosophical views of happiness, as well as recent psychological theories of happiness, are at odds with themselves and with important accounts of a truly happy life.