This essay on choice of law (private international law) appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of an entry on the same topic in the first edition of the book. The essay focuses on the epic battle over the course of the last century between two very different traditions - classical choice of law, articulated most completely by Joseph Beale in the 1930s, and (...) modernist choice of law, which inspired a massive and still controversial revolution in choice of law thinking. The essay isolates eight distinct jurisprudentially significant premises of classicism, including territorialism, a commitment to a regime of rules, and a conception of law and legal rights that I have called “vestedness.” It then discusses the modernist challenges to most, but significantly not all, of those premises. It also emphasize, however, the degree to which the eight pillars of the classical tradition are actually conceptually independent, and could, at least in principle, be mixed and matched in various combinations and in the service of very different account of choice of law enterprise. Finally, the essay turns to other debates, both within the classical and modernist traditions separately and transcending the differences between them. (shrink)

This essay on law and religion appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of a similar entry in the book’s first edition. The essay opens by broadly discussing the complex relationships between law and religion writ large as movements in human history – social, cultural, intellectual, and institutional phenomena with distinct but often overlapping logics and concerns. It then hones in on the efforts (...) of secular law to make sense of religion and determine its place in the civil state. The essay argues that, while the questions raised by the American Bill of Rights’ religion clauses connect in some important respects to broader constitutional principles such as free expression and equality, the most interesting and theoretically excruciating conundrums involving religion need to be approached on their own unique terms. Two useful rubrics for such understanding are “separation” and “deference.” Any honest account must also admit, however, that there is an “intractable residue,” questions in the relation of religion and law to which there simply is no determinate or completely satisfactory answer. Finally, the essay emphasizes that the full texture of the legal imagination’s effort to grapple with religion only becomes apparent in the wider range of subconstitutional and nonconstitutional contexts beyond the standard litany of constitutional discourse. (shrink)

The results of a survey of business professionals verified a relationship between perceptions of corporate citizenship and organizational commitment. More important, the results demonstrated that the relationship between corporate citizenship and organizational commitment was stronger among employees who believe highly in the importance of the social responsibility of businesses. The results also indicated that the ethical measure of corporate citizenship was a stronger predictor of organization commitment than the economic, legal, and discretionary measures. Last, the results revealed that the discretionary (...) measure was more strongly associated with organizational commitment among female employees. (shrink)

Normativism holds that there is a close conceptual link between disease and disvalue. We challenge normativism by advancing an argument against a popular normativist theory, Jerome Wakefield’s harmful dysfunction account. Wakefield maintains that medical disorders are breakdowns in evolved mechanisms that cause significant harm to the organism. We argue that Wakefield’s account is not a promising way to distinguish between disease and health because being harmful is neither necessary nor sufficient for a dysfunction to be a disorder. Counterexamples to the (...) harmful dysfunction account are considered, such as mild infections, perceptual deficits, and beneficial illnesses. Then we consider two ways of amending the harmful dysfunction account to address these cases and argue that the proposed amendments raise even more serious problems for this account. These problems apply generally to any normativist theory and raise doubts about the entire normative approach to the philosophy of health and disease. (shrink)

During a period of great religious upheaval Anglican philosopher and ecclesiastic Henry Longueville Mansel (1820-1871) became famous for his 1858 Bampton Lectures, which sought to defend traditional faith by employing a skeptical philosophy. Understanding Mansel and the passionate debate that surrounded his career provides insight into the current struggle for ancient religions to articulate their traditions in a modern world. In Scripture, Skepticism, and the Character of God Dane Neufeld explores the life and thought of the now forgotten nineteenth-century (...) theologian. Examining the ideological differences between this philosopher and his contemporaries, Neufeld makes a case for the coherence of Mansel's position and traces the vestiges of his thought through the generations that followed him. Mansel found himself at the centre of an explosive debate in the church, concerning the Christian scriptures and the moral character of the God they described. Though the rise of science is often credited with provoking a crisis of doubt in the nineteenth century, shifting ideas about humanity and God were just as central to the spiritual unrest of the era. Mansel's central argument, that the entire Bible must be read as a unified witness to the reality of God, provoked disagreement among theologians, churchmen, and free thinkers alike who were uncomfortable with certain aspects of the scriptural portrayal of God's activity and character. Mansel's attempt to reconcile theological skepticism with scripturalism was misunderstood. He was branded a hopeless fideist by the free thinkers and a dangerous skeptic by high, broad, and evangelical churchmen alike. Many of the controversies in contemporary Christianity concern the collision between modern morality and biblical renderings of God. Neufeld argues that Henry Mansel, while a deeply polarizing figure, brought clarity and precision to this debate by exposing what was at stake for Christian belief and biblical interpretation in the Victorian period. (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)

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)

Perhaps due to the numerous community and company benefits associated with corporate volunteer programs, an increasing number of national and international firms are adopting such programs. A major issue in organizing corporate volunteer programs concerns the strategies that are most effective for recruiting employee participation. The results of this study suggest that the most effective strategies for initiating participation in volunteer programs may not be the same as the strategies that are most effective in terms of maximizing the number of (...) volunteer hours contributed by employees. More importantly, the results suggest that the most effective recruitment strategies depend on the age of the employee. The results were discussed in terms of matching the recruitment strategies with the characteristics of the potential volunteers and the nature of the volunteer project. (shrink)

Buddhism comes up several times in The Good Place. According to Buddhism, what we think of as a “self” or “soul” is merely a convenient designator, a useful fiction, that doesn't correspond to any actual thing in the world. In The Good Place, Eleanor's entire journey to becoming a better person is predicated on the belief that she can indeed change herself for the better. If change is possible, it is because that part of the self is capable of change. (...) Buddhist equanimity does not involve ignoring the suffering of others. In fact, compassion is one of the chief virtues of Buddhism. Over the course of The Good Place, the characters transform from self‐obsessed people who don't understand the amount of harm they are causing to themselves and others into people who have come to grips with the consequences of their past deeds. (shrink)

This chapter contains sections titled: Nietzsche and the Bachar‐Yerian To Bolt or Not to Be and John Stuart Mill Coda: Taylor and The Path Notes.

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.

A common tactic in public debates over science and technology is to dismissively label innovations as mere technological fixes. This tactic can be readily observed in the long debate over agricultural biotechnology. While these criticisms are often superficial rhetorical tactics, they point to deeper philosophical disagreements about the role of technology in society. Examining the technological fix criticism can clarify these underlying philosophical disagreements and the debate over biotechnology. The first part of this essay discusses the origins of the notion (...) of a technological fix and distinguishes two types of technological fix criticisms, philosophical and practical. These distinctions are then applied to clarify and evaluate arguments for and against agricultural biotechnology. This analysis should clarify the debates over agricultural biotechnology and bring to light fundamental philosophical differences over the role of technology in agriculture. (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)

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)

In Contingency, Irony, and Solidarity, Richard Rorty courageously takes a stand against the public dissemination of ironist philosophical theory, such as that produced by Nietzsche, because he sees it as being socially undermining and irreconcilable in theoretical terms with liberal democratic values. And yet, the intellectuals in his ideal society would, privately, share many of the same views from which Rorty would desire that the general public be protected. Thus Rorty would appear to trade tensions between the individual and the (...) state for tensions between the intellectual and the nonintellectual---a dubious improvement. By redescribing both the motives of the typical ironist theorist and his basic view of large-scale, sociopolitical structure I will try to reinstate the social value of ironist theory. Throughout the paper I will fomlulate perspectives and raise questions illustrative of such theory and aimed at trying to maintain as full and open a communication as possible between the individual, whether intellectual or not, and the sociopolitical structures within which he finds himself. (shrink)

In cases in which we must choose between either (i) preventing a woman from remaining unwillingly pregnant or (ii) preventing a fetus from being killed, we should prevent the fetus from being killed. But this suggests that in typical cases abortion is wrong: typical abortions involve preventing a woman from remaining unwillingly pregnant over preventing a fetus from being killed. So abortion is typically wrong—and this holds whether or not fetuses are persons.

Scholars and experts focus on the larger moral context around the controversies over scientific research and technological innovations with accessible essays, original to this volume, which emphasize ethical deliberation rather than adversarial debate.

In my article "Even if the fetus is not a person, abortion is immoral: The impairment argument" (this journal), I defended what I called “The impairment argument” which purports to show that abortion is immoral. Bruce Blackshaw (2019) has argued that my argument fails on three accounts. In this article, I respond to his criticisms.

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)