Should advance directives (ADs) such as living wills be employed to direct the care of the severely demented? In considering this question, I focus primarily on the claims of Rebecca Dresser who objects in principle to the use of ADs in this context. Dresser has persuasively argued that ADs are both theoretically incoherent and ethically dangerous. She proceeds to advocate a Best Interest Standard as the best way for deciding when and how the demented ought to be treated. I put (...) forth a compromise position: both ADs and the Best Interest Standard have roles to play in guiding the care of the severely demented. (shrink)

abstract John Robertson has famously argued that the right to reproductive autonomy is exceedingly broad in scope. That is, as long as a particular reproductive preference such as having a deaf child is “determinative” of the decision to reproduce then such preferences fall under the protective rubric of reproductive autonomy rights. Importantly, the deafness in question does not constitute a harm to the child thereby wrought since unless the child could be born deaf he or she would otherwise never have (...) existed— his or her prospective parents would simply have chosen to abort. As such, for this child, being born deaf counts as a benefit, albeit of the “backhanded” variety, since the only other practical alternative is nonexistence. In what follows, I want to investigate this argument in detail. The target of my investigation will be the possible future use of gene therapy technology to “disenhance” one's offspring. I intend to show that the apparently unlimited right to reproductive autonomy, that is, the right to choose both the quantity and qualities of future offspring, entailed by the argument from backhanded benefit can in fact be “sidestepped” through considering what sorts of reproductive practices we as a society ought to allow. (shrink)

Motivated by the increasing economic significance of investment advisory industries and the prevalence of wrongdoing in financial planning services, we examine whether, and to what extent, employee misconduct is shaped by their local corruption culture. Using novel data of more than 4.7 million adviser-year observations of financial advisers and the Department of Justice’s data on corruption, we find that financial advisers and advisory firms located in areas with higher levels of corruption are more likely to commit misconduct. These results hold (...) for both individual advisor and firm level analyses and are robust to the use of various fixed effects, model specifications, proxies for corruption and misconduct, and an instrumental variable approach. Using the passage of the Dodd-Frank Whistleblower Provision, which provides incentives for reporting corruption incidences and thereby reduces the incentives for fraud, we find that the relation between local corruption culture and adviser misconduct is attenuated after the provision enacted by the SEC. Overall, our study highlights the externalities of corruption culture on individual ethics and the essential role of whistleblowing laws in reducing corruption-prone norms. (shrink)

Is genuinely just behavior possible for Hobbesian agents? More perspicuously, does Hobbes allow that at least some individuals conceive of justice as not simply a means to self-preservation, but furthermore, as a worthwhile end in its own right? In a recent issue of Hobbes Studies I answered both of these questions in the affirmative.1 Therein, however, for reasons of space I neglected to explore and defend adequately Hobbes's conception of the "Just Man" as someone for whom genuinely just behavior is, (...) in the Jamesian sense, a "live option." I intend to correct this scholarly deficit forthwith by proffering what I consider to be a thorough defense thereof. Those who advocate the Standard Reading of Hobbes as an egoist will, of course, α priori dismiss such claims as "astonishing" to say the least.2 Nonetheless, if my exegesis and defense is successful then SR will have to undergo a transformation; succinctly, proponents of SR will be forced to acknowledge the Just Man's presence and to weaken their presuppositions and conclusions accordingly . I begin by cataloging and critically commenting upon the numerous references Hobbes makes to the "Just Man" throughout the major works that constitute his moral and political corpus: The Elements of Law , De Cive and both the English and Latin versions of Leviathan .3 I then turn in the next section to a defense of the possibility of genuinely just behavior on the part of Hobbesian individuals by responding to four powerful objections proffered by the proponents of SR. (shrink)

The fundamental presupposition of political philosophy is that the legitimate rule of one individual over another requires justification: political power may come out of the barrel of a gun but political authority does not. Classically, the philosopher of politics looked to nature. In the seventeenth century, however, the philosophical tide turns in a decidedly different direction: contractarianism. Political society becomes a consensual construct created through the heuristic vehicle of a hypothetical social contract. Simultaneously, within the confines of contractarianism itself, a (...) remarkable transformation occurs. The theory originates in the hands of Grotius, Hobbes and Pufendorf as a justificatory tool for political absolutism and, paradoxically, reaches its zenith in Locke with a firm commitment to constitutionalism. I explore this transformation in detail, culminating with what I term the “Lockean Synthesis.”. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Descartes’s Moral Theory by John MarshallMartin HarveyJohn Marshall. Descartes’s Moral Theory. Ithaca: Cornell University Press, 1998. Pp. xi + 177. Cloth, $35.00.In this concise, well-wrought and provocative work, John Marshall sets two primary goals for himself: 1) to show that Descartes, contrary to the received view, does provide us with the foundational elements of a full fledged ethical theory, and 2) to prove, again contrary to standard interpreters, (...) that Descartes’s early theory of morals, as sketched in the Discourse, is at one with the later theory propounded in The Passions of the Soul and numerous correspondences with Princess Elizabeth.The book is divided into three parts. The first section includes a thorough discussion of Descartes’s self-described morale par provision which provides the philosophical inquirer with practical guidance while the theoretical foundations of his or her belief system are shorn by radical doubt. These four maxims—to follow the customs of one’s country, practice one’s faith and rely on the opinions of the wise, to act resolutely in the face of uncertainty, to master one’s passions and to live the life, at least in Descartes’s case, of a philosopher—should not, Marshall argues, be viewed as ‘provisional’ in a pejorative sense (16–19). Instead, Marshall claims that Descartes takes them to be derivable from his four rules of method (14; 32–33). Therefore, the morale par provision is not some sort of “convenient” compromise but actually forms the second order core of a viable ethical theory (16). The second part, Descartes’s “Final Morality” is devoted to exploring Descartes’s conception of virtue and his notion of the good life (57). Succinctly, the good life for Descartes is happiness which, according to Marshall, in a very weakly Neo-Stoic sense is taken to consist in virtue and wisdom. Formally defined, Cartesian virtue is “the disposition always to judge as well as we can what is the best plan of action and to adhere strictly to that plan” (63). In turn, in a letter to Elizabeth, we are informed that behaving virtuously requires one to display strength and firmness of will, to judge well, and to possess well ordered desires—evidence which Marshall takes to show a close correspondence with the maxims of the earlier morale par provision. (74–5). Contra commentators such as Geroult, an apparent conceptual continuum between the early and later theories thereby obtains. (See Martial Geroult, Descartes’s Philosophy Interpreted according to the Order of Reasons, translated by Roger Ariew [Minneapolis: University of Minnesota Press, 1985], Chapters 19–20.)Unfortunately, and as Marshall readily admits, Descartes provides us with little substantive guidance concerning his axiology and theory of right action. Thus, the third, and more “speculative” part of the work seeks to correct this deficit by delving into a proposed Cartesian metaethics (115). Marshall begins by fleshing out Descartes’s [End Page 677] concept of the Summum Bonum, i.e., virtue. Cartesian virtue is a second-order good which instructs us to strive after and promote various intrinsically valuable first-order goods such as joy, knowledge, friendship, free will, the love of God, etc. (118). As such, Descartes seems to provide us with a fairly straightforward teleological conception of ethics. Nonetheless, when we turn to moral theory proper, Marshall wants to claim that Descartes exhibits certain proto-Kantian leanings, entailed by his concept of generosite as discussed at length in The Passions. The genereux, i.e., those who display generosite, are individuals who, Marshall argues, always act with “respect” towards others and thus treat their fellows both benevolently and justly (152). The basis for this respect is to be found, and this is somewhat of a stretch, albeit an interesting one, in our mutual capacity for free and rational willing (156). From here, of course, it would be a rather short step to Kant. More work needs to be done, however, to square this seemingly non-consequentialist conception of right action with Descartes’s teleological axiology.Regardless, Marshall has accomplished his first task—the normative theory outlined in The Passions, although rudimentary, certainly deserves to be viewed as ethical, not simply prudential, in... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Hobbes: A Biography by A. P. MartinichMartin HarveyA. P. Martinich. Hobbes: A Biography. Cambridge: Cambridge University Press, 1999. Pp. xxxii + 384. Cloth, $34.95.In his most recent biography of Hobbes, A. P. Martinich informs the reader that he is “here to praise Hobbes, not to bury his theory”—a task which the author accomplishes with a great deal of literary dexterity (233). The work is chronological in structure with (...) each of the eleven chapters devoted to a specific period in Hobbes’s intellectual and personal development. The reader receives an in depth and well wrought treatment of Hobbes’s earliest years in Malmesbury, including a thorough discussion of his dissolute father and his tutelage in the classics under Robert Latimer. Martinich also goes into detail concerning Hobbes’s student life at Oxford, his lifelong relationship with the Cavendishes, Hobbes’s participation in the Great Tew Circle as well as his decade long exile in France and ultimate return to England. Hobbes’s later years, particularly his fruitless disputes with the Royal Society, are also admirably chronicled.Interwoven with the above is a detailed overview of most of Hobbes’s major and minor works, from his translation of Thucydides in 1629 to Behemoth, published in 1679. Martinich pays close attention to Hobbes’s foundational works in philosophy, particularly The Elements of Law, Leviathan, and De Corpore. The author provides a clear and concise introduction to all facets of Hobbes’s philosophical system and spends time explaining what Hobbes took his project to be; namely the construction of a tripartite Elementa Philosophiae devoted, respectively, to metaphysics/physics, psychology and ethics/politics (118–9). The critical exegesis of Anti-White is exceptional, providing as it does an excellent conceptual backdrop to Hobbes’s mature and considered philosophy of science as found in De Corpore. As such, Hobbes’s philosophical corpus is presented, rightly I believe, as a continuum, by no means seamless perhaps, but nonetheless exhibiting at base a considerable amount of theoretical integrity.As is well known, Hobbes was quite the cantankerous character engaging in numerous professional and, ultimately, personal rows with the great minds of his time. Hobbes’s acrimonious wranglings with René Descartes, Thomas White, Bishop Bramhall, Robert Filmer, Robert Boyle, Seth Ward, and John Wallis all receive their due. The comically churlish debate between Hobbes and Descartes is especially well presented. [End Page 680]Stylistically, Martinich adopts a somewhat pithy approach (e.g., William Cavendish is described as follows: “It was not that Cavendish was unprincipled; rather, his principle was opportunism.” [20]) which, for the most part, is quite successful in keeping the reader’s attention, even when complex philosophical ideas are being conveyed. The work, much to Martinich’s credit, is also punctuated with numerous amusing tidbits such as his listing of the oral exam questions which Hobbes and his fellow students adequately had to answer in order to receive their B.A., e.g., “Whether a new inundation of water [over the whole earth] would be a greater catastrophe than all of it freezing” (13). Hobbes would be happy to know that things haven’t changed all that much.Substantively, a few points are in order. First, as one might expect, Martinich spends a great deal of time discussing Hobbes’s theological views and he is at great pains to paint Hobbes as a committed Calvinist (137–43; see Martinich’s The Two Gods of Leviathan [Cambridge: Cambridge University Press, 1992]) for a fuller discussion of this issue. In all fairness, the author readily admits that his reading is a minority interpretation, but this being the case perhaps more time should have been devoted to discussing the received view, i.e., that Hobbes, if he is not an atheist, is at most a deist and not a theist. Second, Martinich portrays Hobbes’s sovereign as wholly absolute, unfettered not only by the civil, but the natural law as well. While quite correct in maintaining that the sovereign, since he or she (or they), is not subject to civil law, it does not follow that Hobbes necessarily believes that “whatever the sovereign says is law” (50). Indeed, in Chapter XXVI of Leviathan Hobbes... (shrink)

Two interpretations of Hobbes's theory of morals dominate the subject: the Egoistic Reading and the Naturalist Reading . According to ER, all of Hobbes's moral concepts are self-interested at their core. According to NR, Hobbes's Laws of Nature set down genuine moral obligations/virtues both inside of the state of nature and out. This article rejects both of these interpretations in favor of a Voluntarist Reading . On this reading, morality is an artifact of human endeavor, specifically covenanting. Unlike both ER (...) and NR, VR takes seriously Hobbes's claim that there is “no obligation on any man which ariseth not from some act of his own”. (shrink)

1 Evidence-based policy requires researchers to provide the answers to ecological questions that are of interest to policy makers. To find out what those questions are in the UK, representatives from 28 organizations involved in policy, together with scientists from 10 academic institutions, were asked to generate a list of questions from their organizations. 2 During a 2-day workshop the initial list of 1003 questions generated from consulting at least 654 policy makers and academics was used as a basis for (...) generating a short list of 100 questions of significant policy relevance. Short-listing was decided on the basis of the preferences of the representatives from the policy-led organizations. 3 The areas covered included most major issues of environmental concern in the UK, including agriculture, marine fisheries, climate change, ecosystem function and land management. 4 The most striking outcome was the preference for general questions rather than narrow ones. The reason is that policy is driven by broad issues rather than specific ones. In contrast, scientists are frequently best equipped to answer specific questions. This means that it may be necessary to extract the underpinning specific question before researchers can proceed. 5 Synthesis and applications. Greater communication between policy makers and scientists is required in order to ensure that applied ecologists are dealing with issues in a way that can feed into policy. It is particularly important that applied ecologists emphasize the generic value of their work wherever possible. (shrink)

Emma Williams’ ‘In Excess of Epistemology’ admirably endeavours to open the way to an account of critical thinking that goes beyond the one I have defended ad nauseum in recent decades by developing, via the work of Charles Taylor and Martin Heidegger, ‘a radically different conception of thinking and the human being who thinks’, one that ‘does more justice to receptive and responsible conditions of human thought.’ In this response I hope to show that much of Williams’ alternative approach (...) is compatible with my own; that, where incompatible, the alternative is problematic; and, finally, that there is a risk of talking past one another, talking at cross-purposes, that all sides must work to overcome. (shrink)

Emma Williams’ ‘In Excess of Epistemology’ admirably endeavours to open the way to an account of critical thinking that goes beyond the one I have defended ad nauseum in recent decades by developing, via the work of Charles Taylor and Martin Heidegger, ‘a radically different conception of thinking and the human being who thinks’, one that ‘does more justice to receptive and responsible conditions of human thought.’ In this response I hope to show that much of Williams’ alternative approach (...) is compatible with my own; that, where incompatible, the alternative is problematic; and, finally, that there is a risk of talking past one another, talking at cross-purposes, that all sides must work to overcome. (shrink)

This article explores the prospects for a eudaimonist moral theory that is both feminist and Aristotelian. Making the moral philosophy developed by Aristotle compatible with a feminist moral perspective presents a number of philosophical challenges. Lisa Tessman offers one of the most sustained feminist engagements with Aristotelian eudaimonism. However, in arguing for the account of flourishing that her eudaimonist theory invokes, Tessman avoids taking a stand either for or against the role Aristotle assigned to human nature. She draws her account (...) of flourishing instead from the beliefs about flourishing implicit in the feminist and black freedom movements. I examine the implicit conception of flourishing in the writings of two prominent leaders of the black freedom movement—Martin Luther King, Jr. and Malcolm X—and argue that Tessman's attempt to avoid the “sticky issue” of human nature is not successful. Tessman's defense of the burdened virtues depends on a particular reading of human nature as does a eudaimonist account of the virtues more generally. (shrink)

Martin Buber’s essay “False Prophets” was written in Hebrew in Jerusalem two years after he fled Nazi Germany and assumed a professorship at the Hebrew University of Jerusalem. The essay offers a political analysis of the dramatic confrontation between the prophets Jeremiah and Hananiah. It speaks about the dangers of nationalism in Jeremiah’s biblical Jerusalem and in Buber’s own modern Jerusalem, eight years before the proclamation of the State of Israel. Who is the real lover of the homeland, Buber (...) asks, the patriot who cares not about human beings, or the concerned individual who is willing to compromise in order to avoid destruction and save lives? When does nationalism become malignant? What is the difference between a true prophet and a false one? (shrink)

In this essay Charles Harvey offers a worried reflection on the range, extent, depth, affects, and effects of the perpetual assessment of the person in industrial nations in the contemporary world. Harvey begins his analysis by appealing to the work of Martin Heidegger, Michel Foucault, and Jean Baudrillard to provide an interpretive framework of our situation. He then focuses and concretizes these ideas through examples from his own life and, by extension, the readers. Finally, in light of (...) Pierre Bourdieu's concept of the habitus, Harvey speculates on the implications for selfhood in the contemporary world. Throughout the essay, Harvey uses assessment procedures in higher and public education as exemplary instances of his thesis. (shrink)

The philosophical bases underlying methodological and decision-making processes for environmental issues are rarely questioned, and yet have important consequences. What commonly results is that first order solutions are technical ways of addressing problems which limit human relation to nature. Martin Heidegger’s phenomenology makes a distinction between “thatness” and “whatness.”“What a thing is” is depicted by modern science with “being as continual presence.” “That a thing is” refers to nature’s capacity for disclosure and withdrawal, that being is both “presence and (...) absence.” This essay evaluates thepragmatic prospects of heightening an approach on the “thatness” of nature. (shrink)

In this essay I note some surprisingly deep parallels between the accounts of technology offered by Martin Heidegger and by Kevin Kelly. While Heidegger's insight is panoramic and almost prophetic, and grounded in his reading of the history of philosophy, Kelly's account is grounded in empirical and historical data, driven by a naturalistic and scientific understanding of our world. The similarities between these two authors are surprising in light of their different methodological frameworks and theu antithetical attitudes about the (...) benefits and dangers of technology. After setting them in conversation, I ask: "Who has the correct methodological approach and evaluative attitude toward technology"? With some hesitation, I side with Kelly's more hopeful outlook. (shrink)

With contributions from founders of the field, including Justin Barrett, E. Thomas Lawson, Robert N. McCauley, Paschal Boyer, Armin Geertz and Harvey Whitehouse, as well as from younger scholars from successive stages in the field's development, this is an important survey of the first twenty-five years of the cognitive science of religion. Each chapter provides the author's views on the contributions the cognitive science of religion has made to the academic study of religion, as well as any shortcomings in (...) the field and challenges for the future. Religion Explained? The Cognitive Science of Religion after Twenty-five Years calls attention to the field whilst providing an accessible and diverse survey of approaches from key voices, as well as offering suggestions for further research within the field. This book is essential reading for anyone in religious studies, anthropology, and the scientific study of religion. (shrink)

We are pleased to present the following Review Forum of Harvey Whitehouse’s book, Arguments and Icons: Divergent Modes of Religiosity. Oxford: Oxford University Press, 2000. 204 pages. ISBN 0-19- 823414-7 (cloth); 0-19-823415-5 (paper). We have given the contributors and the book’s author sufficient space to discuss its themes carefully and thus make a significant contribution to the further analysis of religion and ritual generally.

This article explores the contribution of Jürgen Habermas’ discourse theory of morality, politics, and law to theorizing educational justice. First, it analyzes Christopher Martin’s discourse-ethical argument that the development of citizens’ discursive agency is required on epistemic grounds. The article criticizes this argument and claims that the moral importance of developing discursive agency should be justified instead on the basis of moral grounds. Second, the article examines Harvey Siegel’s critique of Habermas’ moral epistemology and suggests that Siegel neglects (...) that the epistemic justification of moral claims proceeds differently from the epistemic justification of assertoric claims. Finally, the article presents a discourse-theoretic conception of educational justice that defends the importance of discursively justifying norms of educational justice through properly arranged structures of justification. (shrink)

How have human cultures engaged with and thought about animals, plants, rocks, clouds, and other elements in their natural surroundings? Do animals and other natural objects have a spirit or soul? What is their relationship to humans? In this new study, Graham Harvey explores current and past animistic beliefs and practices of Native Americans, Maori, Aboriginal Australians, and eco-pagans. He considers the varieties of animism found in these cultures as well as their shared desire to live respectfully within larger (...) natural communities. Drawing on his extensive casework, Harvey also considers the linguistic, performative, ecological, and activist implications of these different animisms. (shrink)

Online supplement, "Mulsow: Additions to Notes drawn from the 2002 edition of Moderne aus dem Untergrund" full versions of nearly 300 notes that were truncated in the print edition. Hosted on H. C. Erik Midelfort's website. Martin Mulsow's seismic reinterpretation of the origins of the Enlightenment in Germany won awards and renown in its original German edition, and now H. C. Erik Midelfort's translation makes this sensational book available to English-speaking readers. In Enlightenment Underground, Mulsow shows that even in (...) the late seventeenth century some thinkers in Germany ventured to express extremely dangerous ideas, but did so as part of a secret underground. Scouring manuscript collections across northern Europe, Mulsow studied the writings of countless hitherto unknown radical jurists, theologians, historians, and dissident students who pushed for the secularization of legal, political, social, and religious knowledge. Often their works circulated in manuscript, anonymously, or as clandestinely published books. Working as a philosophical microhistorian, Mulsow has discovered the identities of several covert radicals and linked them to circles of young German scholars, many of whom were connected with the vibrant radical cultures of the Netherlands, England, and Denmark. The author reveals how radical ideas and contributions to intellectual doubt came from Socinians and Jews, church historians and biblical scholars, political theorists, and unemployed university students. He shows that misreadings of humorous or ironic works sometimes gave rise to unintended skeptical thoughts or corrosively political interpretations of Christianity. This landmark book overturns stereotypical views of the early Enlightenment in Germany as cautious, conservative, and moderate, and replaces them with a new portrait that reveals a movement far more radical, unintended, and puzzling than previously suspected. (shrink)

I end with another parable, but it is also a true story. Harvey Gushing, the famous surgeon after whom the Gushing Lectures are named, made an international reputation in his allegiance to quality. He badgered his profession to a higher standard of self-effacement and railed against the debasement of clinical skills and overemphasis on research and pursuit of personal gain. We honor him to this day because those were, and remain, important points. Yet, Harvey Gushing served as a (...) surgeon during World War I and at Ypres. Although the Allied mortality was as much as 50,000 soldiers a day, not counting the wounded, Gushing refused to operate on any more than two patients each day, arguing that to do so would have lowered his standard of care for his patients a – standard that made sense in one time but that became strikingly insensitive, and I suggest even unethical, in another when confronted with a different reality. (shrink)

Cosmopsychism, the idea that the universe is conscious, is experiencing something of a revival as an explanation of consciousness in philosophy of mind and is also making inroads into philosophy of religion. In the latter field, it has been used to formulate models of certain forms of theism, such as pantheism and panentheism, and has also been proposed as a rival to the classical theism of the Abrahamic faiths. It has been claimed by Philip Goff that a certain form of (...) cosmopsychism, namely agentive cosmopsychism, poses a threat to classical theism because it can explain features of the universe like fine-tuning without having to deal with the problem of evil. This is because, unlike the classical theist, the cosmopsychist can deny at least one of the divine attributes motivating the problem of evil, namely omniscience, omnipotence, and omnibenevolence. In this paper, I shall consider which of the divine attributes the cosmopsychist should focus on when responding to the problem of evil and shall conclude that the rejection of omnibenevolence is the most satisfactory option. (shrink)

L’addition, dans la cinquième édition en 1683 de La Logique ou L’Art de penser, d’un chapitre consacré à la définition générale du signe et de plusieurs chapitres relevant spécifiquement d’une analyse des signes linguistiques, a été parfois interprétée comme une apparition tardive du “problème du langage” dans le traité d’Arnauld et Nicole. Parce que la plupart de ces chapitres supplémentaires sont la transposition de passages auparavant destinés dans la Perpétuité de la foi (1669-1674) à réfuter le sens calviniste de Ceci (...) est mon corps, on a été enclin à attribuer l’importance de la question du signe et du “problème du langage” dans l’édition de 1683 à une origine théologique. J’essaie au contraire de montrer que, dès la première édition de L’Art de penser en 1662, la problématisation des écarts des expressions linguistiques avec une correspondance terme à terme entre les mots et les idées a été indissociable pour Port-Royal de l’analyse des opérations de l’esprit. Selon moi, dans la Perpétuité de la foi, la critique du sens calviniste de la formule eucharistique constitue elle-même une application de cette analyse logique du langage : les passages incorporés ensuite dans L’Art de penser sont dans le prolongement des réflexions de 1662 sur les difficultés d’adéquation entre le dire et le vouloir-dire. Je montre pour finir que la définition générale du signe à Port-Royal suppose une restructuration de la définition augustinienne du De doctrina christiana, et fonde en 1683 une identification de la relation de signification linguistique à un rapport de représentation des mots aux idées, qui vient redoubler le rapport de représentation des idées aux choses établi en 1662. (shrink)

I respond to P. J. Ivanhoe's criticisms of my translation of a key passage in Wang Yangming.