Le Manifeste du rio Negro (in Journal du rio Negro, 1978-2014) est l’un des premiers textes majeurs publiés en France au sujet de l’art écologique. Quoique d’un impact limité lors de sa diffusion, il est désormais repris et commenté par les acteurs de l’art contemporain. Dans ce texte, Pierre Restany s’inquiète de la relation art-nature, une fois n’est pas coutume. À partir de notre lecture de son journal, nous interrogeons les gestes des successeurs de Restany. Depuis l’émergence de l’art écologique, (...) plusieurs éléments constitutifs participent à définir la critique de cet art. Quels sont les modes d’appréciation privilégiés par les critiques? Sur quels critères fondent-ils leurs évaluations des œuvres? (shrink)

This volume is fourth in the series of annuals created under the auspices of The Association for Feminist Ethics and Social Theory . The topics covered herein_from peacekeeping and terrorism, to sex trafficking and women's paid labor, to poverty and religious fundamentalism_are vital to women and to feminist movements throughout the world.

Americans cherish the idea that good eventually triumphs over evil. After briefly arguing that a proper understanding of the moral harm of cruelty calls into question the credibility of popular American idioms of redemption, I argue that the epistemic dynamics of horror help account for the commanding grip of this rhetoric on the popular imagination, and I suggest that this idiom has morally problematic features that warrant the attention of feminists.

Why do relationships of friendship and love support partiality, but not relationships of hatred or commitments of racism? Where does partiality end and why? I take the intuitive starting point that important cases of partiality are meaningful. I develop a view whereby meaning is understood in terms of transcending self-limitations in order to connect with things of external value. I then show how this view can be used to distinguish central cases of legitimate partiality from cases of illegitimate partiality and (...) how it puts pressure on the traditional way of thinking about partiality. (shrink)

An English language translation accompanies the original Greek text of Aristotle's book about the nature of the state, constitutions, revolutions, democracy, and oligarchy.

: Americans cherish the idea that good eventually triumphs over evil. After briefly arguing that a proper understanding of the moral harm of cruelty calls into question the credibility of popular American idioms of redemption, I argue that the epistemic dynamics of horror help account for the commanding grip of this rhetoric on the popular imagination, and I suggest that this idiom has morally problematic features that warrant the attention of feminists.

Written by a nurse and a philosopher, Ethics in Nursing blends the concrete detail of recurring problems in nursing practice with the perspectives, methods, and resources of philosophical ethics. It stresses the aspects of the nurses role and relations with others -- physicians, patients, administrators, other nurses -- that give ethical problems in nursing their special focus. Among the issues addressed are deception, parentalism, confidentiality, conscientious refusal, nurse autonomy, compromise, and personal responsibility for institutional and public policy. The third edition (...) has been enlarged with new cases and case discussions related to AIDS and an additional chapter on the expanding scope of nursing ethics as it addresses issues related to scarce resources, cost containment, justice, and the possibilities of health care rationing. (shrink)

This is the first book to explore the role of quotation in modern Jewish thought. It shows how quotation is the binding tissue that links language and thought, modernity and tradition, religion and secularism as a way of being in the world.

We are immersed within an odorous sea of chemical currents that we parse into individual odors with complex structures. Odors have been posited as determined by the structural relation between the molecules that compose the chemical compounds and their interactions with the receptor site. But, naturally occurring smells are parsed from gaseous odor plumes. To give a comprehensive account of the nature of odors the chemosciences must account for these large distributed entities as well. We offer a focused review of (...) what is known about the perception of odor plumes for olfactory navigation and tracking, which we then connect to what is known about the role odorants play as properties of the plume in determining odor identity with respect to odor quality. We end by motivating our central claim that more research needs to be conducted on the role that odorants play within the odor plume in determining odor identity. (shrink)

The right temporo-parietal junction (rTPJ) has been associated with two apparently disparate functional roles: in attention and in social cognition. According to one account, the rTPJ initiates a “circuit-breaking” signal that interrupts ongoing attentional processes, effectively reorienting attention. It is argued this primary function of the rTPJ has been extended beyond attention, through a process of evolutionarily cooption, to play a role in social cognition. We propose an alternative account, according to which the capacity for social cognition depends on a (...) network which is both distinct from and in tension with brain areas involved in focused attention and target detection: the default mode network. Theory characterizing the rTPJ based on the area’s purported role in reorienting may be falsely guided by the co-occurrence of two distinct effects in contiguous regions: activation of the supramarginal gyrus (SMG), associated with its functional role in target detection; and the transient release, during spatial reorienting, of suppression of the angular gyrus (AG) associated with focused attention. Findings based on meta-analysis and resting functional connectivity are presented which support this alternative account. We find distinct regions, possessing anti-correlated patterns of resting connectivity, associated with social reasoning (AG) and target detection (SMG) at the rTPJ. The locus for reorienting was spatially intermediate between the AG and SMG and showed a pattern of connectivity with similarities to social reasoning and target detection seeds. These findings highlight a general methodological concern for brain imaging. Given evidence that certain tasks not only activate some areas but also suppress activity in other areas, it is suggested that researchers need to distinguish two distinct putative mechanisms, either of which may produce an increase in activity in a brain area: functional engagement in the task versus release of suppression. (shrink)

Dans un célèbre petit volume, Les passions et les intérêts, l’économiste Albert O. Hirschman retrace la formation, aux XVIIe et XVIIIe siècles, de ce qu’il nomme la « doctrine du doux commerce », qui est constitutive de la pensée libérale et qui fut développée alors « en faveur du libre essor des activités lucratives privées ». Selon Hirschman, une première version du doux commerce met en exergue les effets pacificateurs du commerce, en insistant pour ce faire sur une opposition entre (...) intérêt... (shrink)

Cet article explore un point aveugle de la thèse d’Albert O. Hirschman dans Les passions et les intérêts : le topos du doux commerce aurait disparu des consciences au XIXe siècle en raison des conséquences sociales de la révolution industrielle. Pourtant, dans les débats qui animèrent les penseurs « industrialistes » sous la Restauration (1814-1830), l’association entre paix civile et développement économique prit de nouvelles formes topiques et argumentatives avec le passage conceptuel de la « nation commerçante » à la (...) « société industrielle ». Ce passage n’est pas neutre : il reconfigura la topographie du doux commerce. D’une part, le thème de l’industrie pacifique superposa au modèle de l’échange marchand (délibératif et plutôt égalitaire) celui de l’atelier productif (coopératif et plus hiérarchique). D’autre part, il ouvrit la perspective non plus d’un simple adoucissement, mais d’une substitution radicale de l’intérêt aux passions et d’une élimination totale du conflit par la paisible exploitation de la nature. Toutefois, l’émergence de la question sociale sema la discorde au sein des industrialistes : sans rejeter entièrement le lieu commun, les saint-simoniens se séparèrent des libéraux en détachant le thème de l’industrie pacifique du dogme de la libre concurrence. (shrink)

Michel Foucault n'est pas réputé être un théoricien de l'Etat, mais un penseur du pouvoir partout où il se trouve (dans l'école, la prison, la caserne, l'usine, l'hôpital). Et pourtant, il apparaît qu'il s'était lancé dans une grande généalogie de l'Etat moderne. Cet ouvrage se propose de dissiper ce paradoxe en démontrant deux choses. Oui, il existe bel et bien une théorie foucaldienne de l'Etat : elle n'est ni systématique ni achevée, mais on peut la reconstituer tant à partir de (...) la fabuleuse richesse des textes de Foucault qu'en le faisant dialoguer avec de grandes entreprises voisines, venues de la philosophie et des sciences sociales : le marxisme, Weber, Elias et Bourdieu, entre autres. Oui, la généalogie est compatible avec la sociologie. Les concepts de biopolitique, discipline, pastorale, gouvernementalité ne sont pas autre chose que des outils pour saisir l'étatisation des rapports de pouvoir, c'est-à-dire les processus de monopolisation politique qui, du Moyen Age à nos jours, sont au principe de nos prétendus Léviathans en Europe. L'Etat? Non pas le plus froid de tous les monstres froids, ni seulement un grand appareil répressif, mais l'effet et l'opérateur de gouvernementalités multiples, de rationalités hétérogènes, de dispositifs variés. Ceci n'est pas un nouveau livre sur Foucault. C'est un livre sur l'Etat et la possibilité toujours vivante d'en faire une théorie, retrempée dans l'eau acide de la généalogie. (shrink)

Evidential Decision Theory and Causal Decision Theory are the leading contenders as theories of rational action, but both face counterexamples. We present some new counterexamples, including one in which the optimal action is causally dominated. We also present a novel decision theory, Functional Decision Theory, which simultaneously solves both sets of counterexamples. Instead of considering which physical action of theirs would give rise to the best outcomes, FDT agents consider which output of their decision function would give rise to the (...) best outcome. This theory relies on a notion of subjunctive dependence, where multiple implementations of the same mathematical function are considered to have identical results for logical rather than causal reasons. Taking these subjunctive dependencies into account allows FDT agents to outperform CDT and EDT agents in, for example, the presence of accurate predictors. (shrink)

Sells encourages a radical departure from the usual introspection and self-centeredness of psychology in our time. By placing style first, Sells argues that we must turn our eyes and minds outward to the greater world. Emphasizing beauty over emotion and appreciation over feeling, he attempts to break the stranglehold of the self so as to reconstitute our proper place among the many things of the world.

Dans ce long inédit, Benjamin Fondane révèle les implications philosophiques révolutionnaires qui découlent des travaux de Lévy-Bruhl (1857-1939) sur la mentalité primitive. En mettant à jour les mécanismes d'une logique différente, Lévy-Bruhl fait voler en éclat l'universalité de la logique d'Aristote sur laquelle repose notre pensée occidentale. Dès lors cette logique n'est rien d'autre qu'une arme politique qui fonde l'hégémonie de la rationalité.0La démonstration de Fondane est implacable et bouleverse notre conception de la philosophie. Il nous incite à reconsidérer (...) nos manières de penser et de vivre sous la contrainte de la raison, faisant écho à une tradition non aristotélicienne qu'incarnent des penseurs comme Michelstaedter, Lukasiewicz ou Alfred Korzybski. (shrink)

This article argues that teachers of environmental ethics must more aggressively entertain questions of private property in their work and in their teaching. To make this case, it first introduces the three primary positions on property: occupation arguments, labor theory of value arguments, and efficiency arguments. It then contextualizes these arguments in light of the contemporary U.S. wise-use movement, in an attempt to make sense of the concerns that motivate wise-use activists, and also to demonstrate how intrinsic value arguments miss (...) the mark. Finally, it offers some suggestions about further directions for environmental ethics, reasoning that there is a good deal of headway to be gained for environmental ethics by accepting that nature can be owned as property, but nevertheless engaging the idea of private property critically. (shrink)

Introduction. Rest and motion. Stability and progress.--The meaning of justice. The science of values.--The equilibration of interests. Cause and effect. The individual and society. Liberty and government.--Liberty and government. Conclusion.

La Conscience malheureuse est un ouvrage majeur de la philosophie existentielle des années trente. Jeune poète et critique roumain expatrié en France en 1923, Benjamin Fondane (1898-1944) fait partie de ces auteurs hantés par l'absence de Dieu dans la culture rationaliste moderne marquée par le positivisme. D'abord proche de l'esprit subversif du dadaïsme, il identifie rapidement sa révolte par l'absurde à la démarche ironique et irrationaliste du philosophe russe émigré en France Léon Chestov. C'est l'adhésion sans conditions à sa (...) philosophie existentielle à partir de 1929 qui lui permet de déconstruire la tradition du logos issue d'Athènes. Il ne cessera dès lors de dénoncer un conflit profond entre le " réel " construit par la culture rationaliste et l'existant singulier, entre le savoir et le " non-voir " des poètes et de certains mystiques, entre Athènes et Jérusalem: ce divorce intime, c'est celui de la " conscience malheureuse ". (shrink)

Part of a collective project for promoting the study of the history of political ideas within the field of the social sciences in French academia, this interview focuses on method, and more specifically on Prof. Quentin Skinner's relationship to the social sciences (from Max Weber to Peter Winch and Pierre Bourdieu). Questions were sent in French, via email, to Quentin Skinner, who answered them in English. The answers were then translated into French and the interview was published in Vers une (...) histoire sociale des idées politiques, ed. Chloé Gaboriaux and Arnault Skornicki (Villeneuve d'Ascq: Presses Universitaires du Septentrion, 2017). For editorial reasons, one question and response, regarding method in the Italian tradition of the history of ideas, had to be omitted; it is reintroduced here. The questions have been translated for Theoria by Victor Lu. Quentin Skinner is Emeritus Professor in the Humanities at Queen Mary University of London and co-director of the Centre for the Study of the History of Political Thought (London); Arnault Skornicki is Senior Lecturer at Paris Nanterre University (Institut des Sciences Sociales du Politique); and Jérémie Barthas is Researcher at the CNRS (Institut d'Histoire Moderne et Contemporaine). (shrink)

The book contends that contrary to accepted interpretation, moral intuition, rather than any other form of reasoning, least of all formal logic, is the moral method found in the ethics of Aristotle, Aquinas, Kant and Dewey - the first four chapters of the book. These four thinkers represent a dialectical selection of ethical relativism and absolutism as well as a chronological succession from ancient to contemporary thought. The fifth and concluding chapter is a major presentation of the author's thesis on (...) moral intuition as the exact antidote against the dilemma ethics approach, which is widely used today with rapidly diminishing effect and interest. This chapter is a detailed illustration of how moral intuition works out concretely in the lived world. It stresses the unity of moral experience even as this is clouded over by our relatively fewer, but overdramatized, confrontations on some moral issues. (shrink)

Given that as much as half of human thought arises in a stimulus independent fashion, it would seem unlikely that such thoughts would play no functional role in our lives. However, evidence linking the mind-wandering state to performance decrement has led to the notion that mind-wandering primarily represents a form of cognitive failure. Based on previous work showing a prospective bias to mind-wandering, the current study explores the hypothesis that one potential function of spontaneous thought is to plan and anticipate (...) personally relevant future goals, a process referred to as autobiographical planning. The results confirm that the content of mind-wandering is predominantly future-focused, demonstrate that individuals with high working memory capacity are more likely to engage in prospective mind-wandering, and show that prospective mind-wandering frequently involves autobiographical planning. Together this evidence suggests that mind-wandering can enable prospective cognitive operations that are likely to be useful to the individual as they navigate through their daily lives. (shrink)

It is often thought that traditional recidivism prediction tools used in criminal sentencing, though biased in many ways, can straightforwardly avoid one particularly pernicious type of bias: direct racial discrimination. They can avoid this by excluding race from the list of variables employed to predict recidivism. A similar approach could be taken to the design of newer, machine learning-based (ML) tools for predicting recidivism: information about race could be withheld from the ML tool during its training phase, ensuring that the (...) resulting predictive model does not use race as an explicit predictor. However, if race is correlated with measured recidivism in the training data, the ML tool may ‘learn’ a perfect proxy for race. If such a proxy is found, the exclusion of race would do nothing to weaken the correlation between risk (mis)classifications and race. Is this a problem? We argue that, on some explanations of the wrongness of discrimination, it is. On these explanations, the use of an ML tool that perfectly proxies race would (likely) be more wrong than the use of a traditional tool that imperfectly proxies race. Indeed, on some views, use of a perfect proxy for race is plausibly as wrong as explicit racial profiling. We end by drawing out four implications of our arguments. (shrink)

v. 1. Charmides. Lysis. Laches. Protagoras. Euthydemus. Cratylus. Phaedrus. Ion. Symposium.--v. 2. Meno. Euthyphro. Apology. Crito. Phaedo. Georgias. Appendix I: Lesser Hippias. Alcibiades I. Menexenus. Appenddix II: Alcibiades II. Eryxias.--v. 3. Republic. Timaeus. Critias.--v. 4. Pharmenides. Theaetetus. Sophist. Statesman. Philebus.--v. 5 Laws. Index to the writings of Plato.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps, and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may (...) freely copy and distribute this work, as no entity has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

The current research investigates the interaction between thought suppression and individuals’ explicit awareness of their thoughts. Participants in three experiments attempted to suppress thoughts of a prior romantic relationship and their success at doing so was measured using a combination of self-catching and experience-sampling. In addition to thoughts that individuals spontaneously noticed, individuals were frequently caught engaging in thoughts of their previous partner at experience-sampling probes. Furthermore, probe-caught thoughts were: associated with stronger decoupling of attention from the environment, more likely (...) to occur under cognitive load, more frequent for individuals with a desire to reconcile, and associated with individual differences in the tendency to suppress thoughts. Together, these data suggest that individuals can lack meta-awareness that they have begun to think about a topic they are attempting to suppress, providing novel insight into the cognitive processes that are involved in attempting to control undesired mental states. (shrink)

This paper has two aims. The first is to present and defend a new argument for rights contributionism – the view that the notion of a moral claim-right is a contributory (or pro tanto) rather than overall normative notion. The argument is an inference to the best explanation: it is argued that (i) there are contributory moral factors that contrast with standard moral reasons by way of having a number of formal properties that are characteristic of rights, even though they (...) can be overridden, and (ii) that this is best explained by a view that takes these factors to correlate with rights. The second aim is to show that the truth of rights contributionism matters for normative ethics. More specifically, it is argued that rights contributionism clears the way for deontologists to justify the pre-theoretically plausible verdict that we have a duty to save the greater number in so-called Taurek scenarios – scenarios in which we have to choose between saving either a greater or a smaller number of different people. The chapter offers a novel and distinctively deontological explanation of this verdict that is based on the assumption that everyone has a pro tanto right to be saved in a Taurek scenario. (shrink)

In this paper, I present a dilemma for those who believe in the afterlife: either we won’t survive death (or an eternal life) in the sense that most matters to us or we will become bored if we do. First, I argue that even if we – in a strict sense – survive death, there is practical sense in which we don’t survive death. This applies, I contend, to all accounts of the afterlife that: eventually, we lose our practical identity. (...) I show that our practical identity is more important to us than our numerical identity. But, as we’ll see, our practical identity is not just lost in an afterlife, but also with an eternal or immortal life. Theists have a strategy to resist this line of argument: they can argue that God will help us to retain our current practical identities. However, those that pursue this line of argument fall onto the second horn of my proposed dilemma: if we cannot change our practical identities then it seems that eventually we will become bored, and eternally so. (shrink)

The first English translation of the major political works of Benjamin Constant (1767-1830), one of the most important of the French political figures in the aftermath of the revolution of 1789, and a leading member of the liberal opposition to Napoleon and later to the restored Bourbon monarchy. The texts included in this volume are widely regarded as one of the classic formulations of modern liberal doctrine.

We perceive smells as perduring complex entities within a distal array that might be conceived of as smellscapes. However, the philosophical orthodoxy of Odor Theories has been to deny that smells are perceived as having a distal location. Recent challenges have been mounted to Odor Theories’ veracity in handling the timescale of olfactory perception, how it individuates odors as a distal entities, and their claim that olfactory perception is not spatial. The paper does not aim to dispute these criticisms. Rather, (...) what will be shown is that Molecular Structure Theory, a refinement of Odor Theory, can be further developed to handle these challenges. The theory is further refined by focusing on distal perception that requires considering the perceptual object as mereologically complex persisting odor against a background scene conceived of as a smellscape. What will be offered is an expansion of Molecular Structure Theory to account for distal smell perception within natural environments. (shrink)

The 2013 Ebola virus outbreak in West Africa, as of writing, is declining in reported human cases and mortalities. The resulting devastation caused highlights how health systems, in particular in West Africa, and in terms of global pandemic planning, are ill prepared to react to zoonotic pathogens. In this paper we propose One Health as a strategy to prevent zoonotic outbreaks as a shared goal: that human and Great Ape vaccine trials could benefit both species. Only recently have two phase (...) 2/3 Ebola human vaccine trials been started in West Africa. This paper argues for a conceptual change in pandemic preparedness. We first discuss the ethics of One Health. Next, we focus on the current Ebola outbreak and defines its victims. Third, we present the notion of a ‘shared benefit’ approach, grounded in One Health, and argue for the vaccination of wild apes in order to protect both apes and humans. We believe that a creation of such inter-species immunity is an exemplar of One Health, and that it is worth pursuing as a coextensive public health approach. (shrink)

Duty and Healing positions ethical issues commonly encountered in clinical situations within Jewish law. The concept of duty is significant in exploring bioethical issues, and this book presents an authentic and non-parochial Jewish approach to bioethics, while it includes critiques of both current secular and Jewish literatures. Among the issues the book explores are the role of family in medical decision-making, the question of informed consent as a personal religious duty, and the responsibilities of caretakers. The exploration of contemporary ethical (...) problems in healthcare through the lens of traditional sources in Jewish law is an indispensable guide of moral knowledge. (shrink)

I defend a deontological social contract justification of punishment for philosophers who deny free will and moral responsibility (FW/MR). Even if nobody has FW/MR, a criminal justice system is fair to the people it targets if we would consent to it in a version of original position deliberation where we assumed that we would be targeted by the justice system when the veil is raised. Even if we assumed we would be convicted of a crime, we would consent to the (...) imprisonment of violent criminals if prison conditions were better than the state of nature but deterring enough to prevent the state of nature. (shrink)

Bioethics, Volume 36, Issue 4, Page 348-355, May 2022.

Both traditional and naturalistic epistemologists have long assumed that the examination of human psychology has no relevance to the prescriptive goal of traditional epistemology, that of providing first-person guidance in determining the truth. Contrary to both, I apply insights about the psychology of human perception and concept-formation to a very traditional epistemological project: the foundationalist approach to the epistemic regress problem. I argue that direct realism about perception can help solve the regress problem and support a foundationalist account of justification, (...) but only if it is supplemented by an abstractionist theory of concept-formation, the view that it is possible to abstract concepts directly from the empirically given. Critics of direct realism like Laurence BonJour are correct that an account of direct perception by itself does not provide an adequate account of justification. However a direct realist account of perception can inform the needed theory of concept-formation, and leading critics of abstractionism like McDowell and Sellars, direct realists about perception themselves, fail to appreciate the ways in which their own views about perception help fill gaps in earlier accounts of abstractionism. Recognizing this undercuts both their objections to abstractionism and (therefore) their objections to foundationalism. (shrink)

Sheds new light on Heidegger's early theological development.

_Lectures from the late period of Fichte’s career, never before available in English._.

Benjamin Barber is one of America's preeminent political theorists. He has been a significant voice in the continuing debate about the nature and role of democracy in the contemporary world. A Passion for Democracy collects twenty of his most important writings on American democracy. Together they refine his distinctive position in democratic theory. Barber's conception of "strong democracy" contrasts with traditional concepts of "liberal democracy," especially in its emphasis on citizen participation in central issues of public debate. These essays (...) critique the "thin representation" of liberal democracy and buttress the arguments presented in Barber's twelve books, most recently in his well-received Jihad vs. McWorld: How Globalism and Tribalism Are Re-shaping the World. In these pieces, Barber argues for participatory democracy without dependence on abstract metaphysical foundations, and he stresses the relationship among democracy and civil society, civic education, and culture. A Passion for Democracy is divided into four sections. In the first, "American Theory: Democracy, Liberalism, and Rights," Barber addresses issues of ongoing relevance to today's debates about the roots of participatory democracy, including individualism vs. community, the importance of consent, and the irrelevance of Marxism. Essays in the second section, "American Practice: Leadership, Citizenship, and Censorship" provide a "strong democracy" critique of American democratic practice. "Education for Democracy: Civic Education, Service, and Citizenship" applies Barber's theories to three related topics and includes his much-discussed essay "America Skips School." The final section, "Democracy and Technology: Endless Frontier or End of Democracy?" provides glimpses into a future that technology alone cannot secure for democracy. In his preface, Barber writes: "In these essays... I have been hard on my country. Like most ardent democrats, I want more for it than it has achieved, despite the fact that it has achieved more than most people have dared to want." This wide-ranging collection displays not only his passion for democracy, but also his unique perspective on issues of abiding importance for the democratic process. (shrink)

Many of the moral and political disputes that loom large today involve claims (1) in the register of respect and offense that are (2) linked to membership in a subordinated social group and (3) occasioned by symbolic or expressive items or acts. This essay seeks to clarify the nature, stakes, and characteristic challenges of these recurring, but often disorienting, conflicts. Drawing on a body of philosophical work elaborating the moral function of etiquette, I first argue that the claims at issue (...) implicate a communicative apparatus of the same basic kind—a system that I term the “etiquette of equality.” That regime, I suggest, can serve a kindred function of facilitating the expression of morally appropriate attitudes. I also argue, however, that the etiquette of equality exhibits three problematic features that counsel ambivalence about its mounting significance: (1) the costly overdetermination of relevant signals; (2) a recursive tendency toward inflation in respect’s demands; and (3) a related set of incentives for testing, and then affirming, a group’s status through the assertion and symbolic remediation of dignitary harm. The upshot is a better understanding of the trade-offs and predicaments we face in a vital area of public life. (shrink)

Featuring a new, explanatory Foreword by Justice Cardozo's premier biographer, this renowned and much-used analysis of the process of judicial decision-making includes embedded page numbers from the original 1921 edition for continuity of citations and syllabi.