Judicial obligation to enforce the law is typically regarded as both unproblematic and important: unproblematic because there is little reason to doubt that judges have a general, if prima facie, obligation to enforce law, and important because the obligation gives judges significant reason to limit their concern in adjudication to applying the law. I challenge both of these assumptions and argue that norms of political legitimacy, which may be extra-legal, are irretrievably at the basis of responsible judicial reasoning.
I here address the question of how judges should decide questions before a court in morally imperfect legal systems. I characterize how moral considerations ought inform judicial reasoning given that the law may demand what it has no right to. Much of the large body of work on legal interpretation, with its focus on legal semantics and epistemology, does not adequately countenance the limited legitimacy of actual legal institutions to serve as a foundation for an ethics of adjudication. I offer (...) an adjudicative theory in the realm of non-ideal theory: I adopt a view of law that has achieved consensus in legal philosophy, make some plausible assumptions about human politics, and then consider directly the question of how judges should reason. Ultimately, I argue that judges should be cognizant of the goods that are at stake on particular occasions of adjudication and that this requires treating legal requirements transparently, i.e., as sensitive to their moral justifications. (shrink)
How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral obligation producing: if x (...) (e.g., a person, institution, or law) has authority over an agent, then the directives of x produce a significant reason for the agent to comply with the terms of the directive. This paper concerns the sense in which international law, and the law of nascent legal systems generally, generate moral obligations for their subjects, i.e., for those who fall under their claimed jurisdiction. (shrink)
In this article I present an original interpretation of Roy Bhaskar’s project in Dialectic: The Pulse of Freedom . His major move is to separate an ontological dialectic from a critical dialectic, which in Hegel are laminated together. The ontological dialectic, which in Hegel is the self-unfolding of spirit, becomes a realist and relational philosophical anthropology. The critical dialectic, which in Hegel is confined to retracing the steps of spirit, now becomes an active force, dialectical critique, which interposes into the (...) ontological dialectic at the ‘fourth dimension’ of a naturalistically reconfigured account of relational human nature, agency. This account allows Bhaskar to explain and vindicate the crucial role social criticism must play in any realistic project of self-emancipation, and to create a space that didn’t exist in Hegel for an open-ended concrete utopianism. Freedom is thus the actualization of human nature, but is not automatic: the relation of human nature to freedom is mediated historically through dialectical critique, which, informed by concrete utopianism, can have emancipatory power. Content Type Journal Article Category Article Pages 13-44 Authors Craig Reeves, Brunel University Journal Journal of Critical Realism Online ISSN 1572-5138 Print ISSN 1476-7430 Journal Volume Volume 12 Journal Issue Volume 12, Number 1 / 2013. (shrink)
Author Meets Critics Panel: Paul B. Thompson’s (2010) The Agrarian Vision: Sustainability and Environmental Ethics Content Type Journal Article Pages 1-3 DOI 10.1007/s10806-011-9340-4 Authors Raymond Anthony, Department of Philosophy, University of Alaska Anchorage, 3211 Providence Drive, Anchorage, AK 99508, USA Journal Journal of Agricultural and Environmental Ethics Online ISSN 1573-322X Print ISSN 1187-7863.
Abstract I consider Paul Thompson’s Agrarian Vision from the perspective of the philosophy of technology, especially as it relates to certain questions about public engagement and deliberative democracy around food issues. Is it able to promote an attitudinal shift or reorientation in values to overcome the view of “food as device” so that conscientious engagement in the food system by consumers can become more the norm? Next, I consider briefly, some questions to which it must face up in order to (...) move closer in dismantling the barriers that inhibit the capacity for virtuous caretaking of the food system at various levels. Lastly, and more deeply, how successful might agrarianism be in inculcating citizenship values (ones that go beyond food ethics as a private affair), for the democratization of agricultural technologies? Might the Jeffersonian foundation to which the agrarianism (a la) Thompson appeals need something like a contemporary theory of justice in order to facilitate the reconstitution of our politico-moral selves? How can it help guide appropriate ruminations on the intra and intergenerational question, “What do we want the shape of our current and future social and political institutions to look like in relation to food?” Content Type Journal Article Category Articles Pages 1-10 DOI 10.1007/s10806-011-9339-x Authors Raymond Anthony, Department of Philosophy, University of Alaska Anchorage, Anchorage, AK 99508, USA Journal Journal of Agricultural and Environmental Ethics Online ISSN 1573-322X Print ISSN 1187-7863. (shrink)
The first part of the paper introduces the varieties of modern constructive mathematics, concentrating on Bishop's constructive mathematics (BISH). it gives a sketch of both Myhill's axiomatic system for BISH and a constructive axiomatic development of the real line R. The second part of the paper focusses on the relation between constructive mathematics and programming, with emphasis on Martin-L6f 's theory of types as a formal system for BISH.
This paper argues that probability is not an objective phenomenon that can be identified with either the configurational properties of sequences, or the dynamic properties of sources that generate sequences. Instead, it is proposed that probability is a function of subjective as well as objective conditions. This is explained by formulating a nation of probability that is a modification of Laplace‘s classical enunciation. This definition is then used to explain why probability is strongly associated with disordered sequences, and is also (...) used to throw light on a number of problems in probability theory. (shrink)
This study provides evidence regarding the level of ethical cognition of business students at the entry to college as compared to a national norm. It also provides comparative evidence on the effects of group versus individual ethical cognition upon completion of a business ethics course. The Principled Score (P-score) from the Defining Issues Test (DIT) was used to measure the ethical cognition of a total sample of 301 business students (273 entering students plus 28 students in a business ethics course). (...) The results indicate that (1) business students are not significantly different from the national norms at entry to college and (2) group reasoning helps male students improve their P-scores significantly in the business ethics course at a loss of P-score (albeit not statistically significant) for female students. (shrink)
Benjamin S. Bloom and a large committee of educators did extensive research to develop a taxonomy of global educational goals and of ways to measure their achievement in the classroom. The result was a taxonomy of three domains: Cognitive, Affective, and Motor Skills. This paper examines the cognitive and affective domains and applies them to teaching business ethics. Each of the six levels of the cognitive domain is explained. A six-step case method model is used to illustrate how the six (...) cognitive levels might be used and tested in the classroom. The five levels of the affective domain are also described. They are illustrated behaviorally in terms of a student's increasing interest, motivation and commitment to business ethics. (shrink)
Tensions in Two Dogmas of Empiricism are not resolved in Quine's later writings. The role of simplicity remains mysterious. Naturalized epistemology is wrongly presented as the only alternative to phenomenalism, and no attempt is made to answer the objection that judgements of the rationality of human activities have no place within a naturalistic philosophy. The attempt to develop an empiricism without experience leads to an implausible behaviorism and to an unsuccessful naturalistic account of observation sentences.
Pathological morphogenesis on leaves of Fraxinus ornus (ash) and Solanum lycopersicum (tomato) under the influence of mites (Aceria fraxinivora and Eriophyes cladophthirus respectively) leads to a range of structures whose morphology and development cannot be reduced to the classical categories of plant morphology, but present a heterogeneous continuum which links fundamental structural categories. These findings support the pyramid model of plant construction.
This study described parent participation in the informed consent conference for randomized clinical trials (RCTs) in childhood leukemia and documented the relationship of physician communication to parent participation. Parents of 140 children with newly diagnosed leukemia who were eligible for RCTs were studied at six sites using comprehensive methods involving direct observation and transcripts of parent-physician communication based on audiotapes. Parent participation during the informed consent conference reflected a wide range of content categories. Consistent with hypotheses, Physician Rapport and Partnership (...) Building related to parent participation in the informed consent conference but Information Giving did not. Higher parent socioeconomic status also was related to greater parent participation for two of three measures of parent participation. Findings suggest that physician behaviors that provide support and facilitate communication may enhance parental participation in the informed consent conference for RCTs in childhood leukemia. (shrink)
This paper offers some suggestions on, and encouragement for, how to be better at risk communication in times of agricultural crisis. During the foot and mouth epizootic, the British public, having no precedent to deal with such a rapid and widespread epizootic, no existing rules or conventions, and no social or political consensus, was forced to confront the facts of a perceived "economic disease. Foot and mouth appeared as an economic disease because the major push to eradicate it was motivated (...) exclusively by trade and economic reasons and not because of threats it posed to the lives of human beings and livestock. The British public deferred responsibility to their elected officials for a speedy end to this non-life threatening viral epizootic. The latter, however, did not have a contingency plan in place to tackle such an extensive outbreak. The appeal to an existing policy, i.e., mass eradication, as the exclusive strategy of containment was a difficult pill for the public to swallow well before the end of the 226-day ordeal. Public outcry reflected (in part) serious misgivings about the lack of effective communication of risk-informed decisions between government agents and all concerned. The government''s handling of the matter underestimated concerns and values about animal welfare, public trust, and the plight of farmers and rural communities. A general loss of trust by some segments of the public was exacerbated by perceived mismanagement and early fumbles by government agents.Public moral uneasiness during the crisis, while perhaps symbolic of growing discontent with an already fractured relationship with farmed animals and the state of animal farming today, arguably, also reflected deep disappointment in government agents to recognize inherently and conditionally normative assumptions in their argument as well as recognize their narrow conception of risk. Furthermore, broader stakeholder participation was clearly missing from the outset, especially with respect to the issue of vaccination. A greater appreciation for two-way risk communication is suggested for science-based public policy in agriculture, followed by suggestions on how to be more vigilant in the future. (shrink)
This article explores what an ethicfor organic animal husbandry might look like,departing from the assumption that organicfarming is substantially based in ecocentricethics. We argue that farm animals arenecessary functional partners in sustainableagroecosystems. This opens up additional waysto argue for their moral standing. We suggestan ethical contract to be used as acomplementary to the ecocentric framework. Weexpound the content of the contract and end bysuggesting how to apply this contract inpractice. The contract enjoins us to share thewealth created in the agroecosystem (...) (by ourjoint contributions) by enjoining us to carefor the welfare and needs of the individualanimal, and to protect them from exploitation(just as human co-workers should not beexploited). The contract makes promoting goodanimal welfare a necessary condition forbenefiting farm animals. Animals for their partare guaranteed coverage under the contract solong as they continue to contribute to thesystem with products and services. (shrink)
What follows is a brief description of the origin and development, results, and future plans of the Gadfly Business Ethics Project at Bentley College.Viewing himself as selected by the god to be a gadfly to sting the great and noble but sluggish horse, the city of Athens, Socrates says.
Fodor and LePore's reconstruction of the semantic holism debate in terms of "atomism" and "anatomism" is inadequate: it fails to highlight the important issue of how intentional contents are individuated, and excludes or obscures several possible positions on the metaphysics of content. One such position, "weak sociabilism" is important because it addresses concerns of Fodor and LePore's molecularist critics about conditions for possession of concepts, without abandoning atomism about content individuation. Properties like DEMOCRACY may be "theoretical" in the following sense: (...) only devices capable of inference can come to be selectively sensitive to such properties. Thus, such concepts cannot be punctate, although their contents are individuated, as atomism requires, independently of their conceptual connections. (shrink)
Using survey data collected from chief executives of nonprofit organizations and financial performance information, the current study examined the influence of the individual chief executive characteristics on their perception of organization performance. The study found that executives with internal Locus of Control, high collectivism values, and analytical decision styles have greater convergence between their perceptions of performance and a financial measure. The study findings also offer support for existing theories that suggest executive cognitions play a significant role in filtering information, (...) ultimately influencing the accuracy of perceptions and the effectiveness of strategic choices. (shrink)
In this article I develop a case for a theory of intelligence incorporating transpersonal dimensions, namely integrated intelligence. Some recent expanded theories of intelligence move into concepts like creativity, wisdom, and emotional intelligence. Yet they remain embedded within mainstream intelligence theory and its reductionist and materialist presuppositions. Although various theorists in consciousness theory have developed transpersonal models that are beginning to be discussed in some mainstream circles, mainstream intelligence theory is yet to address the broader implications of this. Recent changes (...) in the global economy and the needs of populations have created a need for an expanded theory of intelligence, and more intuitive thinking. (shrink)
This paper examines the implications of the General Agreement on Trade in Services (GATS), the World Trade Organization’s agreement governing trade in health-related services, for health policy and healthcare reform in the United States. The paper describes the nature and scope of US obligations under the GATS, the ways in which the trade agreement intersects with domestic health policy, and the institutional factors that mediate trade-offs between health and trade policy. The analysis suggests that the GATS provisions on market access, (...) national treatment and domestic regulation, which are designed to eliminate ‘regulatory barriers’ to global trade in health services, limit the range of options that state and federal regulators and legislative bodies can employ to regulate the health sector and implement healthcare reforms. As such, the paper identifies the broader social and ethical implications of free trade policy. (shrink)
[Richard Glauser] Shaftesbury's theory of aesthetic experience is based on his conception of a natural disposition to apprehend beauty, a real 'form' of things. I examine the implications of the disposition's naturalness. I argue that the disposition is not an extra faculty or a sixth sense, and attempt to situate Shaftesbury's position on this issue between those of Locke and Hutcheson. I argue that the natural disposition is to be perfected in many different ways in order to be exercised in (...) the perception of the different degrees of beauty within Shaftesbury's hierarchy. This leads to the conclusion that the exercise of the disposition depends, from case to case, on many different cognitive and affective conditions, that are realised by the collaborative functionings of our ordinary faculties. Essential to Shaftesbury's conception of aesthetic experience is a disinterested, contemplative love, that causes (or contains) what we may call a 'disinterested pleasure', but also an interested pleasure. I argue that, within any given aesthetic experience, the role of the disinterested pleasure is secondary to that of the disinterested love. However, an important function of the disinterested pleasure is that, in combination with the interested pleasure, it leads one to aspire to pass from the aesthetic experience of lower degrees of beauty to the experience of higher ones in the hierarchy. /// [Anthony Savile] (1) If Shaftesbury is to be seen as the doyen of modern aesthetics, his most valuable legacy to us may not so much be his viewing aesthetic response as a sui generis disinterested delight as his insistence on its turning 'wholly on [experience of] what is exterior and foreign to ourselves'. Not that we cannot experience ourselves, or what is our own, as a source of such admiration. Rather our responses, favourable or no, are improperly grounded in any essentially reflexive, or first-personal, ways of taking what engages us. The suggestion is tested against the case of Narcissus. (2) Glauser interestingly emphasizes Shaftesbury's neo-Platonic conception of a hierarchy of aesthetic experience that culminates in the joyful contemplation of God. That hierarchy must be something that is less unitary and systematic than Shaftesbury himself had supposed, even when his emphasis on the tie between aesthetic pleasure and contemplative experience is allowed to extend beyond perception and to encompass episodes of thought itself. (shrink)
Introduction Although Anthony Giddens describes his approach as “social” rather than “critical” theory, and although there is little obvious Frankfurt School influence in his writing, he believes “social theory is inevitably critical theory.”1 While he might aim at such a critical position, it is far from obvious that he succeeds. On the contrary, his later writings have become an apology for the status quo.2 Failing to consider his prejudices, perhaps because he thinks critique is inevitable, Giddens has increasingly vindicated (...) predominant relations of domination. He celebrates the rise of post-traditional individuals, who have the freedom of choice to create and…. (shrink)
Partindo das reflexões de Habermas e sua concepção de modernidade, compreendida como um projeto inacabado, Giddens salienta que, em todas as sociedades, a manutenção da identidade pessoal e sua conexão com identidades sociais mais amplas é um requisito primordial para a segurança ontológica. Para alcançar a segurança ontológica, a modernidade teve que (re)inventar tradições e se afastar de "tradições genuínas", isto é, aqueles valores radicalmente vinculados ao passado pré moderno. Este é um caráter de descontinuidade da modernidade - a separação (...) entre o que se apresenta como o novo e o que persiste como herança do velho. É sobre a relação entre tradição e modernidade e sobre um diálogo entre Giddens e Habermas que trata este texto. O objetivo é identificar os pontos de contato e as diferenças das teses defendidas por ambos, a fim de avaliar as contribuições de cada um para se pensar a racionalização das sociedades contemporâneas. A modernidade tardia ou reflexiva é um processo de mudanças ininterruptas que afetam as bases da sociedade ocidental. Frente a uma realidade em constante alteração, faz-se necessário escolher entre uma certeza do passado e uma nova realidade, em contínua mutação. Nesse sentido, e segundo a perspectiva habermasiana, o caráter reflexivo da modernidade está nesse processo de escolha entre as certezas herdadas do passado e as novas formas sociais que conduz à reflexão ou, até mesmo, à reformulação das práticas sociais, provocando a racionalização e a (re)invenção de diversos aspectos da vida em sociedade. (shrink)
Graham N. Stanton, University of Cambridge ?Anthony Thiselton is one of our leading theologians, equally at home in both New Testament studies and in philosophical and theological hermeneutics, and a collection of this major articles will ...
In his Philosophical Inquiry concerning Human Liberty (1717), the English deist Anthony Collins proposed a complete determinist account of the human mind and action, partly inspired by his mentor Locke, but also by elements from Bayle, Leibniz and other Continental sources. It is a determinism which does not neglect the question of the specific status of the mind but rather seeks to provide a causal account of mental activity and volition in particular; it is a ‘volitional determinism’. Some decades (...) later, Diderot articulates a very similar determinism, which seeks to recognize the existence of “causes proper to man” (as he says in the Réfutation d’Helvétius). The difference with Collins is that now biological factors are being taken into account. Obviously both the ‘volitional’ and the ‘biological’ forms of determinism are noteworthy inasmuch as they change our picture of the nature of determinism itself, but my interest here is to compare these two determinist arguments, both of which are broadly Spinozist in nature – and as such belong to what Jonathan Israel called in his recent book “the radical Enlightenment,” i.e. a kind of underground Enlightenment constituted by Spinozism – and to see how Collins’ specifically psychological vision and Diderot’s specifically biological vision correspond to their two separate national contexts: determinism in France in the mid-1750s was a much more medico-biological affair than English determinism, which appears to be on a ‘path’ leading to Mill and associationist psychology. (shrink)
What is the impact of science on philosophy? In “Experiments in Ethics”, Kwame Anthony Appiah addresses this question for morality and ethics. Appiah suggests that scientific results may undermine moral intuitions by undermining our confidence in the actual sources of our intuitions, or by invalidating our factual assumptions about the causes of human behavior. Appiah worries that scientific results showing situational causes on human behavior force us to abandon the intuition, formalized in virtue ethics, that what matters is “who (...) you are on the inside”. In this review, we agree with Appiah that scientific results at once force and do not force us to abandon this intuition. We also propose that Appiah’s worry is due in part to an over-simplified conception of “internal causes”, shared widely among scientists and philosophers. By re-introducing the true richness of internal causes invoked in moral judgments, we hope to relax the tension between scientific results and moral intuitions. Ultimately, we propose that science can undermine and constrain but cannot affirm our commitment to specific moral intuitions. (shrink)
The correspondence between Samuel Clarke and Anthony Collins of 1706–8, while not well known, is a spectacularly good debate between a dualist and a materialist over the possibility of giving a materialist account of consciousness and personal identity. This article puts the Clarke Collins Correspondence in a broader context in which it can be better appreciated, noting that it is really a debate between John Locke and Anthony Collins on one hand, and Samuel Clarke and Joseph Butler on (...) the other. Anthony Collins argues on behalf of John Locke's claim that it would be as easy for God to superadd the power of thinking to matter as for him to connect a soul to a body. Locke did not believe that matter could naturally produce thought or consciousness, but it was in God's power to make matter think. To defend Locke's claim Collins must defend the claim that there are emergent properties in the world – properties of a whole that are not possessed by the parts. Collins also defends a materialist version of Locke's account of personal identity against a variety of charges. Because the topics of debate in the correspondence are of such great interest to us, it deserves to be rescued from the neglect into which it fell and from which intellectual historians and philosophers have only recently and partially removed it. (shrink)
Honor has been in disrepute among intellectuals for almost a century now. The standard explanation for honor’s demise is its role in driving young men and their countries to surpass the limits of acceptable human slaughter in the First World War, the trenches of which became ‘a mass grave for honor’ (Welsh 2008: x). Academic interest in honor revived in the 1950s among anthropologists and sociologists, where it was treated with a studied moral distance. Literary scholars, historians, and political scientists (...) took up the subject a generation later, and broached the question of whether honor should be rehabiliated. So it was only a matter of time until philosophers turned their attention to honor (by name) in any sustained way. Fortunately for our field, one of the first to do so was Kwame Anthony Appiah. The Honor Code is an enjoyable, approachable, and yet immensely learned book in which all of Appiah’s many capabilities—as a philosopher, a historian of ideas, a cosmopolitan, and a prose stylist—are on full display in the service of honor and our understanding of it. (shrink)
Abstract Kwame Anthony Appiah has devoted much scholarly work to exploring the problems surrounding racial and cultural identities in the USA. He defends the position that such identities need not be centrally significant in the psyche of the subject, and that black demands for blacks to be recognised having a black (race) identity, is symptomatic of black racism. Like other racisms, black racism has a tendency to ?go imperial?, affecting the autonomy of the individual to decide which identity constructs (...) she is willing to endorse as her own. Appiah believes that free association, as the locus of social solidarities and the formation of individual and social identities, should be upheld as a counterweight to the imperialism of racisms in the USA. He believes, furthermore, that the cosmopolitan state best caters for free associations of this kind. In this article I offer a comprehensive view of Appiah's support for cosmopolitanism as the best answer to the problems of identity which race and culture generate in multicultural USA. (shrink)