This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics in the philosophy of law, focusing on issues concerning liability in contract, tort, and criminal law. The book is divided into four sections. The first provides a conceptual overview of the issues at stake in a philosophical discussion of liability and responsibility. The second, third, and fourth sections present, in turn, more detailed explorations of the roles of notions of liability and responsibility in (...) contracts, torts, and punishment. The collection not only presents some of the most challenging work being done in legal philosophy today, it also demonstrates the interdisciplinary character of the field of philosophy of law, with contributors taking into account recent developments in economics, political science, and rational choice theory. This thought-provoking volume will help to shed light on the underexplored ground that lies between law and morals. (shrink)
Anyone interested in the morality of suicide reads David Hume's essay on the subject even today. There are numerous reasons for this, but the central one is that it sets up the starting point for contemporary debate about the morality of suicide, namely, the debate about whether some condition of life could present one with a morally acceptable reason for autonomously deciding to end one's life. We shall only be able to have this debate if we think that at least (...) some acts of suicide can be moral, and we shall only be able to think this if we give up the blanket condemnation of suicide that theology has put in place. I look at this strategy of argument in the context of the wider eighteenth-century attempt to develop a non-theologically based ethic. The result in Hume's case is a very modern tract on suicide, with voluntariness and autonomy to the fore and with reflection on the condition of one's life and one's desire to carry on living a life in that condition the motivating circumstance. (shrink)
The invocation of moral rights in moral/social debate today is a recipe for deadlock in our consideration of substantive issues. How we treat animals and humans in part should derive from the value of their lives, which is a function of the quality of their lives, which in turn is a function of the richness of their lives. Consistency in argument requires that humans with a low quality of life should be chosen as experimental subjects over animals with a higher (...) quality of life. (shrink)
In much of the contemporary discussion of end of life cases, active killing is forbidden doctors, whereas the passive bringing about of death is, e.g., a rather common occurrence in our hospitals. In the former sorts of cases, doctors are held to be causes of death; in the latter sorts of cases, they are held not to be. If they did not cause a death, even though they did (...) passively bring it about, we cannot use casual responsibility for a death in order to raise possible questions about moral responsibility for that death. I here look at part of this insistence that doctors are not a part cause of death and call it into question. (shrink)
The Puritan ethic is conventionally interpreted as a set of individualistic values that encourage a degree of self-interest inimical to the good of organizations and society. A closer reading of original Puritan moralists reveals a different ethic. Puritan moralists simultaneously legitimated economic individualism while urging individuals to work for the common good. They contrasted self-interest and the common good, which they understood to be the sinful and moral ends, respectively, of economic individualism. This polarity can be found in all the (...) details of their moral system, including the Puritan understanding of vocation, economic virtues, property rights, contracts, wealth and poverty, market prices and interest, and the proper economic role of government. The efforts of contemporary ethics to confront the problem of self-interest in business organizations and society would be enriched by a rediscovery of the Puritan understanding of self as a fundamental problem for any individualistic value system. (shrink)
Zusammenfassung Der Wissenschaftsbegriff kann nicht einseitig auf den Begriff von âscience eingeengt werden. Eine strenge Scheidung in naturwissenschaftliche und geisteswissenschaftliche Methoden ist nicht möglich. Paradigmatisch für die Naturwissenschaften ist die hypothetisch-deduktive für die Geisteswissenschaften die hermeneutische Methode. Praktisch sind beide Methodenschemata immer ineinander verschränkt. Da die hermeneutische Methode auch nicht-wissenschaftlich verwendet wird, ist es notwendig Kriterien ihrer Wissenschaftlichkeit anzugeben. Der Vergleich beider Methoden zeigt, daà beide hypothetisch sind. Konkurrierenden Modellen entsprechen konkurrierende Deutungen. Die naturwissenschaftliche Methode kann im allgemeinen Entscheidungen erzwingen, (...) da sie immer neue Erfahrungen erzeugen kann. Demgegenüber ist das Erfahrungsmaterial in den Geisteswissenschaften vorgegeben und nicht beliebig vermehrbar. Entscheidungen zwischen konkurrierenden Deutungen sind daher nicht erzwingbar. (shrink)
Missouri, the "Show Me State," has become the epicenter of several important national public policy debates, including abortion rights, the right to choose and refuse medical treatment, and, most recently, early stem cell research. In this environment, the Center for Practical Bioethics (formerly, Midwest Bioethics Center) emerged and grew. The Center's role in these "cultural wars" is not to advocate for a particular position but to provide well researched and objective information, perspective, and advocacy for the ethical justification of policy (...) positions; and to serve as a neutral convener and provider of a public forum for discussion. In this article, the Center's work on early stem cell research is a case study through which to argue that not only the Center, but also the field of bioethics has a critical role in the politics of public health policy. (shrink)
The present paper reports the results of a vignette- and questionnaire-based research project investigating the influence of Moral Intensity (MI) on decision making in a New Zealand business context. The use of a relatively sensitive research design yielded results showing that – in contrast to previous research – objective manipulations, as well as subjective perceptions, of three of the six MI components were of particular importance in accounting for a comparatively large proportion of the variation in four outcome variables. There (...) were no interactions of appreciable magnitude between MI components, or variations across scenarios. Also, no support was found for a reliable multi-dimensional structure of perceptions of Moral Intensity. Implications of the findings are discussed. (shrink)
The paper explores the severity of the problem of soil erosion and a variety of approaches to the problem. The typology of approaches includes doing nothing, individual party litigation, the state's invocation of public trust doctrine, and the state's exercise of its police power. The Reinvest in Minnesota Program reflects the state's exercise of its police power and addresses the problem of soil erosion by retiring marginal land from crop production through conservation easements. Programs such as Reinvest in Minnesota also (...) reflect a certain ethic about the land. (shrink)
Zusammenfassung Nach Diskussion philosophischer Methoden, die sich vorwiegend an den Natur- oder Geisteswissenschaften (Hermeneutik) orientieren, und nach Vorgabe eines Wissenschaftsbegriffs (als auf Erfahrung und logischem Denken, intersubjektiver Ãberprüfbarkeit und Kommunizierbarkeit beruhendes Gesamt von Satzzusammenhängen), bestimmt der Autor die Philosophie als zirkuläre Reflexion von Letztbegründungen. Ihr legitimes Gebiet umfaÃt die âlösbaren Zirkel ; die âunlösbaren Zirkel gehören zum Bereich der Spekulation, die gleichwohl für das Leben wichtig sind. Die jeweilige Grenze zwischen ihnen hat die philosophische Forschung zu eruieren. (Red.).
In this review of Christopher Winch's new book, Education, Autonomy and Critical Thinking (2006), I discuss its main theses, supporting some and criticising others. In particular, I take issue with several of Winch's claims and arguments concerning critical thinking and rationality, and deplore his reliance on what I suggest are problematic strains of the later Wittgenstein. But these criticisms are not such as to upend Winch's powerful critique of antiperfectionism and 'strong autonomy' or his defence of 'weak autonomy'. His (...) account of autonomy as an educational aim is important and in several respects compelling. (shrink)
In this book, Christopher Peacocke proposes a general theory about what it is for a thinker to be entitled to form a given belief. This theory is distinctively rationalist: that is, it gives a large role to the a priori, while insisting that the propositions or contents that can be known a priori are not in any way “true in virtue of meaning” (and without in any other way denigrating these propositions as “trivial”, or as propositions that “tell us (...) nothing about the world”, or the like). Peacocke then applies this theory to several classical problems in epistemology — to the problem of how our sensory experiences can entitle us to form beliefs about the external world, to the problem of induction, and to the problem of what entitles us to form moral beliefs. (shrink)
Responding to criticisms raised by Christopher Norris, this paper defends an anti-relativist reading of the work of both Davidson and Heidegger arguing that that there are important lessons to be learnt from their example - one can thus be an anti-relativist (as well as a certain sort of realist) without giving up on Davidson or on Heidegger.
Christopher Bennett has argued that state support of conjugal relationships can be founded on the unique contribution such relationships make to the autonomy of their participants by providing them with various forms of recognition and support unavailable elsewhere. I argue that, in part because a long history of interaction between two people who need each other’s validation tends to produce less meaningful responses over time, long-term conjugal relationships are unlikely to provide autonomy-enhancing support to their participants. To the extent (...) that intimate relationships can provide a unique form of reciprocal support, Bennett fails to show that couples have an advantage over multiple-partner arrangements in doing so. (shrink)
In his contribution, Critical Investments: AIDS, Christopher Reeve, and Queer/Disability Studies, Robert McRuer calls for the recognition of the points of convergence between AIDS theory, queer theory, and disability theory. McRuer points out ways in which minority identity groups such as people with AIDS, gays, lesbians, and bisexuals, and those with so-called disabilities, whose status has been described by others as impaired, have resisted this judgment by calling its ideological underpinnings into question. He contends that a critical alliance between (...) AIDS theory, queer theory, and disability theory will ultimately help us to realize the full range of different kinds of bodies and corporeal experiences, while also combating the application of normativizing judgments. (shrink)
D. Christopher Ralston; Justin Ho (Eds.): Philosophical Reflections on Disability Content Type Journal Article Pages 247-249 DOI 10.1007/s10677-010-9237-8 Authors Franziska Felder, Ethikzentrum der Universität Zürich, Graduiertenprogramm für Interdisziplinäre Ethikforschung, Zollikerstrasse 115, 8008 Zürich, Switzerland Journal Ethical Theory and Moral Practice Online ISSN 1572-8447 Print ISSN 1386-2820 Journal Volume Volume 14 Journal Issue Volume 14, Number 2.
In his recent book, Aquinas and the Ship of Theseus, Christopher Brown has argued that the metaphysics of St. Thomas is preferable to contemporary analyticviews because it can solve the “problem of material constitution” (PMC) without requiring us to relinquish any of the common-sense beliefs that generate that problem. In this critical study, I show that in the case of both substances and aggregates, Brown’s Aquinas endorses views that are extremely implausible. Consequently, even if it is granted that the (...) solutions to the PMC fall right out of his views, it is still not clear that this gives us reason to prefer his ontology to its competitors. I also consider Brown’s take on the status of the human being after death. (shrink)
Christopher Peacocke has presented an original version of the perennial philosophical thesis that we can gain substantive metaphysical and epistemological insight from an analysis of our concepts. Peacocke's innovation is to look at how concepts are individuated by their possession conditions, which he believes can be specified in terms of conditions in which certain propositions containing those concepts are accepted. The ability to provide such insight is one of Peacocke's major arguments for his theory of concepts. I will critically (...) examine this "fruitfulness" argument by looking at one philosophical problem Peacocke uses his theory to solve and treats in depth. Peacocke (1999, 2001) defines what he calls the "Integration Challenge." The challenge is to integrate our metaphysics with our epistemology by showing that they are mutually acceptable. Peacocke's key conclusion is that the Integration Challenge can be met for "epistemically individuated concepts." A good theory of content, he believes, will close the apparent gap between an account of truth for any given subject matter and an overall account of knowledge. I shall argue that there are no epistemically individuated concepts, and shall critically analyze Peacocke's arguments for their existence. I will suggest more generally that the possession conditions of concepts and their principles of individuation shed little light on the epistemology or metaphysics of things other than concepts. My broader goal is to shed light on what concepts are by showing that they are more fundamental than the sorts of cognitive and epistemic factors a leading theory uses to define them. (shrink)
The untimely passing of Reverend Canon Dr Christopher Newell, AM, came as a shock to many in the bioethics world. As well as an obituary, this article notes a number of important themes in his work, and provides a select bibliography. Christopher's major contribution to this field is that he was one of a handful of scholars who made disability not only an acceptable area of bioethics—indeed a vital, central, fertile area of enquiry. Crucially Christopher emphasised (...) that where we do ethics is actually in everyday life—while we mourn his passing, his rich work and example will continue to inspire bioethical inquiry. (shrink)
An introduction to the March, 2005 symposium “The Political Theory of Organizations: A Retrospective Examination of Christopher McMahon’s Authority and Democracy” held in San Francisco as part of the Society for Business Ethics Group Meeting at the Pacific Division Meetings of the American Philosophical Association.
On the margins of the biblical canon and on the boundaries of what are traditionally called 'mainstream' Christian communities there have been throughout history writings and movements which have been at odds with the received wisdom and the consensus of establishment opinion. If one listens carefully, these dissident voices are reflected in the Bible itself-whether in the radical calls for social change from the Hebrew Bible prophets, with Jesus the apocalyptic prophet who also demanded social and economic justice for his (...) oppressed people, or perhaps from the apocalyptic tradition's millenarian visions. -/- The use of the Bible has been fertile ground throughout Christian history for prophetic calls for radical change within society as a whole and the church in particular. The essays contained in this volume examine aspects of this radical tradition, its doctrine, hermeneutics, pedagogy, and social action. They offer a sustained development of the theme of the Bible and its reception and appropriation in the context of radical practices, and an exposition of the imaginative possibilities of radical engagement with the Bible in inclusive social contexts. -/- Part 1 treats New Testament texts directly-the Lukan writings, Paul and the Book of Revelation; Part 2 explores some examples of reception history and of radical appropriation of the Bible in history and literature; Part 3 addresses contemporary issues in liberation theology and public theology. -/- This book is a Festschrift in honour of Professor Christopher Rowland, the Dean Ireland's Professor of the Exegesis of Holy Scripture in the University of Oxford. (shrink)
A relatively detailed review (~ 4000 words) of Christopher Mole's (2010) book "Attention is Cognitive Unison". I suggest that Mole makes a good case against many types of reductivist accounts of attention, using the right kind of methodology. Yet, I argue that his adverbialist theory is not the best articulation of the crucial anti-reductivist insight. The distinction between adverbial and process-first phenomena he draws remains unclear, anti-reductivist process theories can escapte his arguments, and finally I provide an argument for (...) why no personal level adverbialism can provide a complete and unified theory of attention. Despite my disagreements, I have learned a lot from engaging with Mole's book. It's a central contribution to the new philosophical literature on attention. (shrink)
The question of the relation of my work to that of Martin Luther King Jr. cannot be resolved with the theoretical tools Christopher Beem brings to the task. Stanley Fish has written that "those who detach King's words from the history that produced them erase the fact of that history from the slate, and they do so, paradoxically, in order to prevent that history from being truly and deeply altered." The vice of liberalism is not selfishness so much (...) as a forgetfulness that spreads like a blight from the habit of abstraction. Martin Luther King Jr. remembered his people, his savior, and his church, and he called the rest of us to share those memories. Therein lay his strength. (shrink)
This collection of essays by leading patristic scholars of the U.K. and Germany illuminates aspects of the relation between Christian faith and Greek philosophy.
I thank Christopher Framarin for his response and would like to address three points he raises in this brief rejoinder.Framarin's book is a self-standing analysis of the central argument of the Gītā, and the reader should take my comments about his papers as additional material in support of the book. In drawing attention to them, my aim was to stress Framarin's long engagement with the subject.Although Framarin's book deals quite extensively with other texts from the Indian tradition, the Gītā (...) is central to the analysis. In fact, Framarin explicitly turns to the other texts "[a]s a means to answering the second question," namely whether the claim that action entails desire is widely held in the Indian tradition. .. (shrink)
Abstract This paper challenges Christopher Ormell's claim that an explicit distinction should be drawn between a ?hard? and ?soft? sense of ?having values?. It is argued that holding values is better portrayed in terms of a continuum representing degrees of difficulty and sacrifice, for the holding of any value implies a possible tension between obligation and motivation. Making choices lacks this necessary feature and so cannot be equated with any sense of ?having values?. Ormell's claim that values but not (...) Values are relativistic is also questioned. Finally, an important implication of this debate for moral education is drawn, concerning ways in which children may learn to hold and act upon values. (shrink)
One striking feature of On the Genealogy of Morals concerns how it is written. Nietzsche utilizes a literary style that provokes his readers’ emotions. Recently, Christopher Janaway has argued that this approach is integral to Nietzsche’s philosophical goals: feeling the emotions Nietzsche’s style arouses is necessary for understanding the views he defends. This paper shows that Janaway’s position is tempting but mistaken. The temptation exists because our emotions often function as “tools of discovery.” They bring things into focus we (...) otherwise could not see. However, once we grasp what they reveal, we can communicate it to others without first having to arouse their emotions. Thus there may be truths none of us would know unless one of us consulted his or her emotions. But it is not the case that each of us must consult his or her emotions in order to understand these truths. (shrink)
Metaethical expressivists claim that we can explain what moral words like ‘wrong’ mean without having to know what they are about – but rather by saying what it is to think that something is wrong – namely, to disapprove of it. Given the close connection between expressivists’ theory of the meaning of moral words and our attitudes of approval and disapproval, expressivists have had a hard time shaking the intuitive charge that theirs is an objectionably subjectivist or mind-dependent view of (...) morality. Expressivism, critics have charged over and again, is committed to the view that what is wrong somehow depends on or at least correlates with the attitudes that we have toward it. Arguments to this effect are sometimes subtle, and sometimes rely on fancy machinery, but they all share a common flaw. They all fail to respect the fundamental idea of expressivism: that ‘stealing is wrong’ bears exactly the same relationship to disapproval of stealing as ‘grass is green’ bears to the belief that grass is green. In this paper I rehearse the motivations for the fundamental idea of expressivism and show how the arguments of Frank Jackson and Philip Pettit [1998], Russ Shafer-Landau [2003], Jussi Suikkanen [2009], and Christopher Peacocke [2004] all fail on this same rock. In part 1 I’ll rehearse the motivation for expressivism – a motivation which directly explains why it does not have subjectivist consequences. Then in each of parts 2-5 I’ll illustrate how each of Jackson and Pettit’s, Peacocke’s, Shafer-Landau’s, and Suikkanen’s arguments work, respectively, and why each of them fails to respect the fundamental parity at the heart of expressivism. Though others have tried before me to explain why expressivism is not committed to any kind of subjectivism or mind-dependence – prominently including Blackburn [1973], [1998], Horgan and Timmons [2006], and, in response to Pettit and Jackson, Dreier [2004] and Smith and Stoljar [2003], the explanation offered in this article is distinguished by its scope and generality.. (shrink)
In this article I criticize a theory of political obligation recently put forward by Christopher Wellman. Wellman's “samaritan theory” grounds both state legitimacy and political obligation in a natural duty to help people in need when this can be done at no unreasonable cost. I argue that this view is not able to account for some important features of the relation between state and citizens that Wellman himself seems to value. My conclusion is that the samaritan theory can only (...) be accepted if we are ready to give up either the traditional notion of political obligation as a prima facie duty valid for every citizen, or the current view of the relationships that should exist between states, citizens and foreigners (the view according to which states should have special concerns for their own citizens). (shrink)
In recent years, a series of bestselling atheist manifestos by Sam Harris, Richard Dawkins, and Christopher Hitchens has thrust the topic of the rationality of religion into the public discourse. Christian moderates of an intellectual bent and even some agnostics and atheists have taken umbrage and lashed back. In this paper I defend the New Atheists against three common charges: that their critiques of religion commit basic logical fallacies (such as straw man, false dichotomy, or hasty generalization), that their (...) own atheism is just as “faith-based” as the religious beliefs they criticize, and that their expressed disrespect for religious belief is immoral. (shrink)
Peacocke argues that all epistemic entitlements depend at bottom on a priori entitlements, determined by "constitutive conditions" for the application of concepts. He does not address familiar doubts about the distinction between constitutive and nonconstitutive conditions of application. (These doubts are based on the widely accepted idea that justification begins with all of one's current beliefs and methods and seeks to modify these only to improve their overall coherence with each other, hoping ultimately for "reflective equilibrium.") In addition, Peacocke conflates (...) issues about inference with issues about implication and proof and seriously misrepresents David Lewis' view about the content of indicative conditionals. (shrink)
Christopher Peacocke has presented an original version of the perennial philosophical thesis that we can gain substantive metaphysical and epistemological insight from an analysis of our concepts. Peacocke's innovation is to look at how concepts are individuated by their possession conditions, which he believes can be specified in terms of conditions in which certain propositions containing those concepts are accepted. The ability to provide such insight is one of Peacocke's major arguments for his theory of concepts. I will critically (...) examine this "fruitfulness" argument by looking at one philosophical problem Peacocke uses his theory to solve and treats in depth. Peacocke (1999, 2001) defines what he calls the "Integration Challenge." The challenge is to integrate our metaphysics with our epistemology by showing that they are mutually acceptable. Peacocke's key conclusion is that the Integration Challenge can be met for "epistemically individuated concepts." A good theory of content, he believes, will close the apparent gap between an account of truth for any given subject matter and an overall account of knowledge. I shall argue that there are no epistemically individuated concepts, and shall critically analyze Peacocke's arguments for their existence. I will suggest more generally that the possession conditions of concepts and their principles of individuation shed little light on the epistemology or metaphysics of things other than concepts. My broader goal is to shed light on what concepts are by showing that they are more fundamental than the sorts of cognitive and epistemic factors a leading theory uses to define them. (shrink)
In earlier ages reliable information was rather hard to get, and in general people could be excused for taking the founding myths of their religions on faith. These were the "facts" that "everyone knew," and anybody who had a skeptical itch could check it out with the local priest or rabbi or imam, or other religious authority. Today, there is really no excuse for such ignorance. It may not be your fault if you don't know the facts about the (...) history and tenets of your own religion, but it is somebody's fault. Or more charitably, perhaps we have all been victimized by an accumulation of tradition that.. (shrink)
