One of HLA Hart's main contributions to jurisprudence is his theory of social rules. Hart said, essentially, that a social rule exists if the members of a society act in some way and have a certain attitude. Most legal philosophers think that Hart's account of this attitude is too general, however, and that his theory is overinclusive as a result. In this article, I draw on recent work in the philosophy of action to propose a more precise account of the (...) relevant attitude, and a revised version of Hart's theory. I claim that a social rule exists if the members of a society act in some way and ‘accept’ they ought to act this way, independent of their beliefs about the matter. One of the implications of this idea is that the attitude that underlies a social rule is closely analogous to a presumption or fiction about what ought to be done. -/- . (shrink)

Legal discourse consists largely of legal claims. These are claims that there is a legal obligation, legal right, or other legal incident. What is the meaning of “legal obligation”, “legal right” and so on in legal claims? The standard view among philosophers of law is that “legal” indicates that, according to law, there is a moral obligation, moral right or other moral incident. Here I set out a new objection to the standard view. The objection is that the standard view (...) is unable to account for the use of legal claims in some common forms of logically complex arguments. (shrink)

We reflect on our experience co-teaching a medical humanities elective, “Pandemics and Plagues,” which was offered to undergraduates during the Spring 2021 semester, and discuss student reactions to studying epidemic disease from multidisciplinary medical humanities perspectives while living through the world Covid-19 pandemic. The course incorporated basic microbiology and epidemiology into discussions of how epidemics from the Black Death to HIV/AIDS have been portrayed in history, literature, art, music, and journalism. Students self-assessed their learning gains and offered their insights using (...) the SALG, describing how the course enhanced their understanding of the current pandemic. In class discussions and written assignments, students paid particular attention to issues of social justice, political context, and connections between past pandemics and Covid-19. Student responses indicate enhanced understanding of the scientific and medical aspects of epidemics and also increased appreciation of the insights to be gained from the medical humanities. We discuss co-teaching the class during a real-time, twenty-four-hour-news-cycle pandemic, and the ways in which that experience underlines the value of a “critical medical humanities” approach for undergraduates. (shrink)

Trading on non-public material information is fertile ground for a discussion of ethical behavior. The long-running legal tug-of-war over what constitutes illegal insider trading delivers challenges to regulatory authorities charged with detecting and enforcing the law, and is likely one of the reasons that prosecution of insider trading events remains rather uncommon. One can observe both increased volume in the equity and option markets and run-ups in the stock price prior to the announcement of the acquisitions; however, the detection of (...) illegal or unethical insider trading can be difficult. Given the legal uncertainty around insider trading and the circumstantial evidence from the trading activity, it is almost impossible to identify unethical insider trades unless there is a whistleblower or trades are large in size and impeccable in timing. Using call option trading around two merger announcements with similar firms that resulted in different ultimate treatment from the SEC, we illustrate the struggle regulators and prosecutors have with identifying and enforcing unethical insider trades. (shrink)

A pardon is an act of mercy according to the law, but is a pardon mercy in an ordinary or genuine sense? What distinguishes a pardon from a lenient judicial sentence, which is not mercy by the law’s lights? These are questions about what mercy as it is understood in law has to do with mercy as it is understood outside of law, and about who in government acts mercifully and when, if indeed anyone in government ever does. Here I (...) propose a general analysis of mercy, then bring that analysis to bear on government action. Three features of my analysis are noteworthy. First, almost all existing analyses say that mercy is unconstrained in a normative sense, but I argue that mercy is unconstrained in the way that arbitrary power is unconstrained. Second, although it’s often assumed that mercy must be motivated by compassion, I show that mercy only requires acting with the intention to benefit the recipient. Third, my analysis says that mercy requires the giver of mercy to overcome a motivation to treat the recipient harshly. Given this analysis, few government acts are merciful, but pardon is an institutional approximation or analog of mercy. -/- . (shrink)

This article addresses a stated need within the food justice movement scholarship to increase the attention paid to the political socialization of hired farm hands in industrial agriculture. In Canada, tackling the problem of farm worker equity has particular social and political contours related to the Canadian horticultural industry’s reliance on a state-managed migrant agricultural labour program designed to fill the sector’s labour market demands. As Canada’s Seasonal Agricultural Worker Program produces relations of ‘unfree labour’, engaging migrant farm workers in (...) social movement initiatives can be particularly challenging. Critical educational interventions designed to encourage migrant farm workers’ contribution to contemporary social movements in Canada must therefore confront the socio-cultural obstacles that constrict migrant farm workers’ opportunities to participate as full members of their communities. In this article, I argue that social justice oriented approaches to community-based arts can provide a means for increasing the social movement contributions of farm workers employed through managed labour migration schema such as Canada’s SAWP. (shrink)

Pardon powers are common but difficult to justify. A pardon power is, roughly, a power that is (a) possessed by a non-judicial official, (b) used to cancel legal liability to a criminal sanction in a particular case without thereby altering the law, and (c) unconstrained by law. So defined, pardon powers seem to be at odds with two constitutional principles. Contrary to the separation of powers, the pardon power gives to someone other than a judge a decisive role in determining (...) criminal liability in particular cases. Contrary to the rule of law, the pardon power is neither constrained nor ruled by law. -/- Here I provide a novel defence of pardon powers, in three steps. First, even an optimal legal code requires suboptimal results in some cases. In such cases there is a “gap” between what is required by the code we should have and what we should do absent that code. Adhering to the code in every gap case is undesirable: while it would avoid suboptimal results, it would create too much unpredictability. Deviating from the code in every gap case is also undesirable: while it would ensure predictability, it would produce too many suboptimal results. The best strategy is to adhere in some cases and to deviate in others, that is, to selectively deviate. The most important thing about selective deviation is that it leads to like cases being treated differently. This is the second step in the argument. Third, pardon powers are an appropriate vehicle for selective deviation. Selective deviation calls for a power that can be used to set aside the code without changing it. It calls for a power that can be used inconsistently. Moreover, it calls for a power that is not in the hands of a body institutionally disposed towards consistency in decision-making, such as the judiciary. That is, it requires a power with features (a)-(c) – a pardon power. -/- This argument overcomes the various objections to pardon powers. Contrary to the objection from the separation of powers, selective deviation is a task better carried out by non-judicial officials. Contrary to the objection from the rule of law, a power of selective deviation must be unconstrained to preserve the law’s guiding function. Overall, the features of pardon powers that seemed to be in tension with the separation of powers and the rule of law turn out to be favoured by those same principles. (shrink)

Courts in common law systems decide cases as they decided like cases in the past—even if they believe they decided those past cases wrongly. What, if anything, justifies this practice? I defend two main claims. The first is that fairness favors treating like cases alike if that means treating them correctly. The second is that, in general, a court is as likely to decide an instant case correctly as it was to decide a previous and like case correctly. Together, these (...) claims tell us that departing from and following precedent are equally likely to yield a correct decision, whereas following precedent may also yield a fair decision. Adhering to precedent is the dominant alternative, as a result. Fairness therefore justifies the practice of precedent. While this conclusion is not original, my argument for it is. (shrink)

The norms of a legal system are relevant in deciding on people's rights and duties within that system. Some norms that are not part of a legal system are also relevant within it: norms of foreign legal systems, games, clubs, contracts, grammar, and so on. What distinguishes the norms of a legal system from the norms merely relevant within it? Where, in other words, are law's boundaries? There are three existing answers in the literature, from Kramer, Shapiro, and Raz. None (...) succeed. A better answer starts with a distinction between two types of legal relevance: direct and indirect. Norms of a legal system are directly relevant within it. Norms that are not part of a legal system are at most indirectly relevant within it. Thus, the two types of norms are distinguished by the directness of their relevance. (shrink)

This paper traces the application of information theory to philosophical problems of mind and meaning from the earliest days of the creation of the mathematical theory of communication. The use of information theory to understand purposive behavior, learning, pattern recognition, and more marked the beginning of the naturalization of mind and meaning. From the inception of information theory, Wiener, Turing, and others began trying to show how to make a mind from informational and computational materials. Over the last 50 years, (...) many philosophers saw different aspects of the naturalization of the mind, though few saw at once all of the pieces of the puzzle that we now know. Starting with Norbert Wiener himself, philosophers and information theorists used concepts from information theory to understand cognition. This paper provides a window on the historical sequence of contributions made to the overall project of naturalizing the mind by philosophers from Shannon, Wiener, and MacKay, to Dennett, Sayre, Dretske, Fodor, and Perry, among others. At some time between 1928 and 1948, American engineers and mathematicians began to talk about `Theory of Information' and `Information Theory,' understanding by these terms approximately and vaguely a theory for which Hartley's `amount of information' is a basic concept. I have been unable to find out when and by whom these names were first used. Hartley himself does not use them nor does he employ the term `Theory of Transmission of Information,' from which the two other shorter terms presumably were derived. It seems that Norbert Wiener and Claude Shannon were using them in the Mid-Forties. (shrink)

According to Federalist President John Adams, the legislative assembly “should be an exact portrait, in miniature, of the people at large, as it should think, reason and act like them.” It is one thing to have the legislative assembly reflect the true composition of the people at large and quite another to prearrange the voting districts so as to better ensure the desired assembly, irrespective of the verisimilitude between the composition of the people and the assembly. In such district-engineered elections, (...) the legislative assembly may not reflect the true complexion of the people as a whole but rather the complexion the engineers ideally desire the people as a whole to have. Politically inspired district drawing, unlike its racially motivated counterpart is deemed constitutionally acceptable, save at extremes, by most members of the United States Supreme Court and non-justiciable by some members thereof. There are powerful and complex arguments investigated supporting both positions. (shrink)

In this essay, I sketch a preliminary account of philosophical curiosity. Drawing on philosophy of curiosity, philosophy of education, and philosophical pedagogy, I argue first that philosophical curiosity is a set of investigative practices and affects that engage philosophical content and philosophical skills. Turning to critical pedagogy and meta-philosophy, especially via Paulo Freire and Kristie Dotson, I then supplement the preliminary account by arguing that philosophical curiosity is also rooted in existential exploration and communal inquiry. I argue for the necessity (...) of this supplement by showing that, in failing to account for what and who philosophical curiosity is for, we risk excluding diverse practitioners and phenomena from the philosophical enterprise. I then evaluate two pedagogical exercises in philosophical curiosity—the Freedom Schools’ citizenship curriculum and Melissa Shew’s Curiosity Project—in light of this account. I close by considering some objections and implications. (shrink)

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

The first of the new Theory and History series, Matt Perry's punchy andaccessible volume examines Marxism's enormous impact on the way historians approach their subject. Perry offers both a concise introduction to the Marxist view of history and Marxism historical writing, and a guide to its relevance to students' own work.

The foundation for a system of morals, this 1749 work is a landmark of moral and political thought. Its highly original theories of conscience, moral judgment, and virtue offer a reconstruction of the Enlightenment concept of social science, embracing both political economy and theories of law and government.

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. And so abortion is typically wrong—and this holds whether or not fetuses are persons.

The Significance Argument (SA) for the irreducibility of consciousness is based on a series of new puzzle-cases that I call multiple candidate cases. In these cases, there is a multiplicity of physical-functional properties or relations that are candidates to be identified with the sensible qualities and our consciousness of them, where those candidates are not significantly different. I will argue that these cases show that reductive materialists cannot accommodate the various ways in which consciousness is significant and must allow massive (...) vagueness in conscious experience. I also will argue that a nonreductive theory of the conscious-of relation can easily provide a very satisfying, unified explanation of the ways in which this relation is significant. (shrink)

An analysis of the life and teachings of G.I. Gurdjieff from the point of view of the traditional religious and metaphysical doctrines he claimed to represent. (Philosophy).

Introduction to Philosophy, Fourth Edition, is the most comprehensive topically organized collection of classical and contemporary philosophy available. Building on the exceptionally successful tradition of previous editions, this edition for the first time incorporates the insights of a new coeditor, John Martin Fischer, and has been updated and revised to make it more accessible. Ideal for introductory philosophy courses, the text includes sections on the meaning of life, God and evil, knowledge and reality, the philosophy of science, the mind/body problem, (...) freedom of will, consciousness, ethics, and philosophical puzzles and paradoxes. It presents seventy substantial--and in some cases complete--selections from the best and most influential works in philosophy, offering a unique balance between classical and contemporary material. An extensive glossary of philosophical terms is also included. The fourth edition features fifteen new readings, including work by Albert Camus, Roderick M. Chisholm, Daniel Dennett, Harry G. Frankfurt, William Paley, Derek Parfit, John Perry, Richard Taylor, Peter Van Inwagen, Bernard Williams, and Susan Wolf. Part III, Knowledge and Reality, has been restructured and now includes Plato's Thaetetus, selections by Edmund L. Gettier and Robert Nozick, and an essay by Christopher Grau that explores the philosophical concepts presented in the popular film The Matrix. Two new ethics puzzles--"The Trolley Problem" and "Ducking Harm and Sacrificing Others"--are also included. This edition incorporates Study Questions after each reading and is accompanied by an Instructor's CD and a Student Companion Website, both containing helpful resources. (shrink)

Ulrich Beck's best selling Risk Society established risk on the sociological agenda. It brought together a wide range of issues centering on environmental, health and personal risk, provided a rallying ground for researchers and activists in a variety of social movements and acted as a reference point for state and local policies in risk management. The Risk Society and Beyond charts the progress of Beck's ideas and traces their evolution. It demonstrates why the issues raised by Beck reverberate widely throughout (...) social theory and covers the new risks that Beck did not foresee, associated with the emergence of new technologies, genetic and cybernetic. The book is unique because it offers both an introduction to the main arguments in Risk Society and develops a range of critical discussions of aspects of this and other works of Beck. (shrink)

The founder of modern linguistics, Ferdinand de Saussure inaugurated semiology, structuralism, and deconstruction and made possible the work of Jacques Derrida, Roland Barthes, Michel Foucault, and Jacques Lacan, thus enabling the development of French feminism, gender studies, New Historicism, and postcolonialism. Based on Saussure's lectures, _Course in General Linguistics_ traces the rise and fall of the historical linguistics in which Saussure was trained, the synchronic or structural linguistics with which he replaced it, and the new look of diachronic linguistics that (...) followed this change. Most important, Saussure presents the principles of a new linguistic science that includes the invention of semiology, or the theory of the "signifier," the "signified," and the "sign" that they combine to produce. This is the first critical edition of _Course in General Linguistics_ to appear in English and restores Wade Baskin's original translation of 1959, in which the terms "signifier" and "signified" are introduced into English in this precise way. Baskin renders Saussure clearly and accessibly, allowing readers to experience his shift of the theory of reference from mimesis to performance and his expansion of poetics to include all media, including the life sciences and environmentalism. An introduction situates Saussure within the history of ideas and describes the history of scholarship that made _Course in General Linguistics_ legendary. New endnotes enlarge Saussure's contexts to include literary criticism, cultural studies, and philosophy. (shrink)

Though the vegetarian movement sparked by Peter Singer’s book Animal Liberation has achieved some success, there is more animal suffering caused today due to factory farming than there was when the book was originally written. In this paper, I argue that there may be a technological solution to the problem of animal suffering in intensive factory farming operations. In particular, I suggest that recent research indicates that we may be very close to, if not already at, the point where we (...) can genetically engineer factory-farmed livestock with a reduced or completely eliminated capacity to suffer. In as much as animal suffering is the principal concern that motivates the animal welfare movement, this development should be of central interest to its adherents. Moreover, I will argue that all people concerned with animal welfare should agree that we ought to replace the animals currently used in factory farming with animals whose ability to suffer is diminished if we are able to do so. (shrink)

Many favor representationalism about color experience. To a first approximation, this view holds that experiencing is like believing. In particular, like believing, experiencing is a matter of representing the world to be a certain way. Once you view color experience along these lines, you face a big question: do our color experiences represent the world as it really is? For instance, suppose you see a tomato. Representationalists claim that having an experience with this sensory character is necessarily connected with representing (...) a distinctive quality as pervading a round area out there in external space. Let us call it “sensible redness” to highlight the fact that the representation of this property is necessarily connected with the sensory character of the experience. Is this property, sensible redness, really co-instantiated with roundness out there in the space before you? (shrink)

This monograph examines the past, present, and potential relationship between American pragmatism and communication research. The contributors provide a bridge between communication studies and philosophy, subjects often developed somewhat in isolation from each other. Addressing topics, such as qualitative and quantitative research, ethics, media research, and feminist studies, the chapters in this volume: *discuss how a pragmatic, Darwinian approach to inquiry has guided and might further guide communication research; *advocate a functional view of communication, based on Dewey's mature notion of (...) transaction; *articulate a pragmatist's aesthetics and connect it to Deweyan democracy; *discuss the similarities and differences between Dewey's notion of inquiry and the philosophical hermeneutics of Hans-Georg Gadamer; *apply accommodation theory, linked to symbolic interactionism and more generally to the social behaviorism of George H. Mead and his followers, to media research; *interpret media-effects evidence in light of pragmatist ideas about inquiry; and *argue that pragmatism theorizes about despair and life's sense of the tragic. This book is written to be readily accessible to students and professional academics within and outside the field of communication studies without extensive training in specialized areas of communication study. (shrink)

In this paper, I argue that a) Cartesian wonder is properly interpreted through Irigaray’s theory of phallic economy and that b) when Cartesian wonder is explicitly reinterpreted through Irigaray’s ethics of sexual difference, it must be considered in the mode of écriture. To support these two contentions, this paper unfolds in five parts. I begin by giving an account of Cartesian wonder and an account of Irigaray’s theory of phallic economy and the ethics of sexual difference. After showing how Cartesian (...) wonder is best read as part of the phallic economy, I turn to develop Cartesian wonder and Irigarayan wonder differently, in the mode of écriture [writing]. In order to do so, I first establish that Cartesian wonder, by virtue of its status as a precondition of rational discourse, is aroused through written things, and then I explore how Irigarayan wonder might best be considered between written entities, between two books as bodies. I thus read Descartes out from Irigaray, then back into and through Irigaray. (shrink)

The texts in this volume offer critical assessments of a number of leading figures in contemporary intellectual life, who are in different ways thinkers at the intersection of history and politics. They include Roberto Unger, advocate of plasticity; the historians of antiquity and of revolution, Geoffrey de Ste. Croix and Isaac Deutscher; the philosophers of liberalism, Norberto Bobbio and Isaiah Berlin; the sociologists of power, Michael Mann and W.G. Runciman; the exponents of national identity, Andreas Hillgruber and Fernand Braudel; the (...) ironists of science, Max Weber and Ernest Gellner; Carlo Ginzburg, explorer of cultural continuity, and Marshall Berman, herald of modernity. A concluding chapter looks at the idea of the end of history, recently advanced by Francis Fukuyama, in its successive versions from the nineteenth century to the present, and considers the situation of socialism today in the light of it. (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)

This thoughtful new abridgment is enriched by the brilliant commentary which accompanies it. In it, Laurence Dickey argues that the _Wealth of Nations_ contains--and conceals--a great deal of how Smith actually thought a commercial society works. Guided by his conviction that the so-called Adam Smith Problem--the relationship between ethics and economics in Smith's thinking--is a core element in the argument of the work itself, Dickey's commentary focuses on the devices Smith uses to ground his economics in broadly ethical and (...) social categories. An unparalleled guide to an often difficult and perplexing work. (shrink)

Robert Merrihew Adams has been a leader in renewing philosophical respect for the idea that moral obligation may be founded on the commands of God. This collection of Adams' essays, two of which are previously unpublished, draws from his extensive writings on philosophical theology that discuss metaphysical, epistemological, and ethical issues surrounding the concept of God--whether God exists or not, what God is or would be like, and how we ought to relate ourselves to such a being. Adams studies the (...) relation between religion and ethics, delving into an analysis of moral arguments for theistic belief. In several essays, he applies contemporary studies in the metaphysics of individuality, possibility and necessity, and counterfactual conditionals to issues surrounding the existence of God and problems of evil. (shrink)

What makes your life go well for you? In this paper, we give an account of welfare. Our core idea is simple. There are impersonally good and bad things out there: things that are good or bad period, not (or not only) good or bad for someone. The life that is good for you is the life in contact with the good. We’ll understand the relevant notion of ‘contact’ here in terms of manifestation: you’re in contact with a value when (...) it is manifest in parts of your life or parts of your life are manifest in it. So, the more the good is manifest in your life, or your life manifest in the good, the better for you. The more the bad is manifest in your life, or your life manifest in the bad, the worse for you. We’ll argue that this account is extensionally adequate: it explains the welfare value of achievements, friendships, knowledge, pleasures and virtues. Moreover, it has a number of explanatory virtues: it’s unified, elegant and explanatorily powerful. So, we’ll suggest, it’s an excellent account of welfare, and in many ways superior to its main competitors. (shrink)

I discuss a large number of emotions that are relevant to performance at epistemic tasks. My central concern is the possibility that it is not the emotions that are most relevant to success of these tasks but associated virtues. I present cases in which it does seem to be the emotions rather than the virtues that are doing the work. I end of the paper by mentioning the connections between desirable and undesirable epistemic emotions.

There is no denying that the bathroom is a political space. But that is what makes it a space of possibility. As a social-material fixture we use every day, the bathroom has the potential to illuminate, and ultimately to challenge, some of our deepest values and deepest needs. Appreciating the weave of experiences and institutions that have, across time, made the modern bathroom what it is opens up important questions about what it might be. Leaning into the legacy of refusal, (...) we can demand a radical break with logics that have so long masked insidious social hierarchies with calls to order and purity. (shrink)

Fieldwork in Familiar Places challenges the misconceptions about morality, culture, and objectivity that support these skepticisms, to show that we can take ...