Chris Armstrong argues that attempts at justifying special claims over natural resources generally take one of two forms: arguments from improvement and arguments from attachment. We argue that Armstrong fails to establish that the distinction between natural resources and improved resources has no normative significance. He succeeds only in showing that ‘improvers’ are not necessarily entitled to the full exchange value of the improvement. It can still be argued that the value of natural and improved resources should be distributed on (...) different grounds, but that the value of improvements should be conceived differently. (shrink)

How can liberal democracy best be realized in a world fraught with conflicting new forms of identity politics and intensifying conflicts over culture? This book brings unparalleled clarity to the contemporary debate over this question. Maintaining that cultures are themselves torn by conflicts about their own boundaries, Seyla Benhabib challenges the assumption shared by many theorists and activists that cultures are clearly defined wholes. She argues that much debate--including that of "strong" multiculturalism, which sees cultures as distinct pieces of a (...) mosaic--is dominated by this faulty belief, one with grave consequences for how we think injustices among groups should be redressed and human diversity achieved. Benhabib masterfully presents an alternative approach, developing an understanding of cultures as continually creating, re-creating, and renegotiating the imagined boundaries between "us" and "them." Drawing on contemporary cultural politics from Western Europe, Canada, and the United States, Benhabib develops a double-track model of deliberative democracy that permits maximum cultural contestation within the official public sphere as well as in and through social movements and the institutions of civil society. Agreeing with political liberals that constitutional and legal universalism should be preserved at the level of polity, she nonetheless contends that such a model is necessary to resolve multicultural conflicts. Analyzing in detail the transformation of citizenship practices in European Union countries, Benhabib concludes that flexible citizenship, certain kinds of legal pluralism and models of institutional powersharing are quite compatible with deliberative democracy, as long as they are in accord with egalitarian reciprocity, voluntary self-ascription, and freedom of exit and association. The Claims of Culture offers invaluable insight to all those, whether students or scholars, lawyers or policymakers, who strive to bridge the gap between the theory and practice of cultural politics in the twenty-first century. (shrink)

Many philosophers claim that it is always intrinsically good when people get what they deserve and that there is always at least some reason to give people what they deserve. I highlight problems with this view and defend an alternative. I have two aims. First, I want to expose a gap in certain desert-based justifications of punishment. Second, I want to show that those of us who have intuitions at odds with these justifications have an alternative account of desert (...) at our disposal – one that may lend our intuitions more credibility. (shrink)

This volume deals with the transformation of unchurched religious creativity in the late modern West.

This handsome new edition of Stanley Cavell's landmark text, first published 20 years ago, provides a new preface that discusses the reception and influence of his work, which occupies a unique niche between philosophy and literary studies.

The Claims of Common Sense investigates the importance of ideas developed by Cambridge philosophers between the World Wars for the social sciences concerning common sense, vague concepts and ordinary language. John Coates examines the thought of Moore, Ramsey, Wittgenstein and Keynes, and traces their common drift away from early beliefs about the need for precise concepts and a canonical notation in analysis. He argues that Keynes borrowed from Wittgenstein and Ramsey their reappraisal of vague concepts, and developed the novel argument (...) that when analysing something as complex as social reality, theory might be simplified by using concepts which lack sharp boundaries. Coates then contrasts this conclusion with the view shared by two contemporary philosophical paradigms - formal semantics and Continental post-structuralism - that the vagueness of ordinary language inevitably leads to interpretive indeterminacy. Developing a link between Cambridge philosophy and work on complexity, vague predicates and fuzzy logic, he argues that Wittgenstein's and Keynes's ideas on the economy of ordinary language present a mediating route for the social sciences between these philosophical paradigms. (shrink)

This reissue of an American philosophical classic includes a new preface by Cavell, in which he discusses the work's reception and influence. The work fosters a fascinating relationship between philosophy and literature both by augmenting his philosophical discussions with examples from literature and by applying philosophical theories to literary texts. Cavell also succeeds in drawing some very important parallels between the British analytic tradition and the continental tradition, by comparing skepticism as understood in Descartes, Hume, and Kant with philosophy of (...) language as practiced by Wittgenstein and Austin. (shrink)

There is abundant evidence of contextual variation in the use of “S knows p.” Contextualist theories explain this variation in terms of semantic hypotheses that refer to standards of justification determined by “practical” features of either the subject’s context (Hawthorne & Stanley) or the ascriber’s context (Lewis, Cohen, & DeRose). There is extensive linguistic counterevidence to both forms. I maintain that the contextual variation of knowledge claims is better explained by common pragmatic factors. I show here that one is variable (...) strictness. “S knows p” is commonly used loosely to implicate “S is close enough to knowing p for contextually indicated purposes.” A pragmatic account may use a range of semantics, even contextualist. I use an invariant semantics on which knowledge requires complete justification. This combination meets the Moorean constraint as well as any linguistic theory should, and meets the intuition constraint much better than contextualism. There is no need for ad hoc error theories. The variation in conditions of assertability and practical rationality is better explained by variably strict constraints. It will follow that “S knows p” is used loosely to implicate that the condition for asserting “p” and using it in practical reasoning are satisfied. (shrink)

The use of ‘S knows p’ varies from context to context. The contextualist theories of Cohen, Lewis, and DeRose explain this variation in terms of semantic hypotheses: ‘S knows p’ is indexical in meaning, referring to features of the ascriber’s context like salience, interests, and stakes. The linguistic evidence against contextualism is extensive. I maintain that the contextual variation of knowledge claims results from pragmatic factors. One is variable strictness :395–438, 2007). In addition to its strict use, ‘S knows p’ (...) may be used loosely to implicate that S is close enough to knowing p for contextually indicated purposes. Here I explore another variable: belief about what is known. This factor is pragmatic rather than semantic in that it affects the use of ‘S knows p’ without affecting its truth conditions. While variation in strictness accounts for the variation in the bank, parking, and some lottery cases, variation in belief accounts for the variation in other lottery cases and the epistemology cases. Along the way, I sketch an insensitive invariantist semantics that is strict but non-skeptical, and show how it works with these pragmatic factors. (shrink)

Does individual desert matter for distributive justice? Is it relevant, for purposes of justice, that the pattern of distribution of justice’s “currency” (be it well-being, resources, preference-satisfaction, capabilities, or something else) is aligned in one or another way with the pattern of individual desert? -/- This paper examines the nexus between desert and distributive justice through the lens of individual claims. The concept of claims (specifically “claims across outcomes”) is a fruitful way to flesh out the content of distributive justice (...) so as to be grounded in the separateness of persons. A claim is a relation between a person and a pair of outcomes. If someone is better off in one outcome than a second, she has a claim in favor of the first. If she is equally well off in the two outcomes, she has a null claim between the two. In turn, whether one outcome is more just than a second depends upon the pattern of claims between them. -/- In prior work, I have elaborated the concept of claims across outcomes, and have used it to provide a unified defense of the Pareto and Pigou-Dalton axioms. Adding some further, plausible, axioms, we arrive at prioritarianism. -/- Here, I consider the possibility of desert-modulated claims—whereby the strength of an individual’s claim between two outcomes is determined not only by her well-being levels in the two outcomes, and her well-being difference between them, but also by her desert. This generalization of the notion of claims suggests a new axiom of justice: Priority for the More Deserving, requiring that, as between two individuals at the same well-being level, a given increment in well-being be allocated to the more deserving one. -/- If individual desert is intrapersonally fixed, this new axiom, together with a desert-modulated version of the Pigou-Dalton principle, and the Pareto axioms, yields a desert-modulated prioritarian account of distributive justice. Trouble arises, however, if an individual’s desert level can be different in different outcomes. In this case of intrapersonally variable desert, Priority for the More Deserving can conflict with the Pareto axioms (both Pareto indifference and strong Pareto). -/- This conflict, I believe, is sufficient reason to abandon the proposal to make claim strength a function of individual desert on top of well-being levels and differences. If distributive justice is truly sensitive to each individual’s separate perspective—if the justice ranking of outcomes is built up from the totality of individual rankings—we should embrace the Pareto axioms as axioms of justice and reject Priority for the More Deserving. In short: desert-modulated prioritarianism is a nonstarter. Rawls was right to sever distributive justice from desert. (shrink)

The Claims of Common Sense investigates the importance of ideas developed by Cambridge philosophers between the World Wars for the social sciences concerning common sense, vague concepts and ordinary language. John Coates examines the thought of Moore, Ramsey, Wittgenstein and Keynes, and traces their common drift away from early beliefs about the need for precise concepts and a canonical notation in analysis. He argues that Keynes borrowed from Wittgenstein and Ramsey their reappraisal of vague concepts, and developed the novel argument (...) that when analysing something as complex as social reality, theory might be simplified by using concepts which lack sharp boundaries. Coates then contrasts this conclusion with the view shared by two contemporary philosophical paradigms - formal semantics and Continental post-structuralism - that the vagueness of ordinary language inevitably leads to interpretive indeterminacy. Developing a link between Cambridge philosophy and work on complexity, vague predicates and fuzzy logic, he argues that Wittgenstein's and Keynes's ideas on the economy of ordinary language present a mediating route for the social sciences between these philosophical paradigms. (shrink)

The scale and character of past injustice can seem overwhelming. Grievous wrongdoing characterizes so much of human history, both within and between different political communities. This raises a familiar question of reparative justice: what is owed in the present as a result of the unjust actions of the past? This article asks what should be done in situations where contemporary debts stemming from past injustice are massive in scale, and seemingly call for nonideal resolution or settlement. Drawing on recent work (...) by Sara Amighetti and Alasia Nuti on deliberative reparative processes, the article differentiates between two different approaches to settling claims for reparation. The first pursues settlement in a legal or quasi legal sense, seeking to close a matter through discussion, compromise, and bargaining in such a way as to maximize one’s interest while drawing a line under the events in question. The second is grounded not in one’s own interest but in an acknowledgement of the inevitable inadequacy of one’s reparative response. Such an approach to settlement centres the agency of the individuals and groups harmed by past wrongdoing. The article examines the reparations issue with reference to a range of recent cases of alleged settlement, including claims for reparation for torture by the British army in Kenya in the 1950s, for sexual slavery by the Japanese Imperial Army in East Asia in the Second World War, and for genocide by German colonial forces between 1904 and 1908. (shrink)

Most challenges to immigration restrictions have not shown that states lack a claim-right to exclude, or a moral right against outside interference to make membership decisions. And an important, unexamined aspect of the claim-right is that states have the right against interference to wrongfully exclude, or the right to do wrong when making admission decisions. A major implication of this right is that even political or economic measures to affect states’ immigration policies are off the table – significantly (...) compromising the prospect of meaningfully addressing the world’s growing refugee crisis. In the form of a reductio argument, I provide reason to reject this position. Specifically, I try to demonstrate that, in the relevant cases, a plausible moral defense for the right to wrongfully exclude can only be given for states with objectionable character – protecting the very states whose immigration policies we should be most concerned with, which is surely morally counterintuitive. (shrink)

In this paper, we report results from experiments in which people read conversational arguments and then judge the convincingness of each claim and the individual speakers' burden of proof. The results showed an "anti-primacy" effect: People judge the speaker who makes the first claim as having greater burden of proof. This effect persists even when each speaker's claims are rated equally convincing. We also find that people rate claims less convincing when they appear in the first part of (...) an argument than when they appear in isolation. (shrink)

These are the answers I gave to Brian Bix, Peter Koller, Ralf Posher, Torben Spaak, Timothy Endicott, and Jan Sieckmann at the end of a splendid conference day in 2018. The critique given to me concerned important aspects of three main themes in my work: the claim to correctness, human and constitutional rights, and the ideal dimension of law. In the last decades I have attempted to connect these themes systematically. The result is the idea of democratic constitutionalism as (...) an institutionalization of practical reason. (shrink)

Our paper has three parts. In Part 1, we discuss John Gardner’s thesis that the non-elliptical ascription of agency to law is a necessary and irreducible part of any adequate explanation of the activities of legal officials. We consider three explananda which might conceivably necessitate this ascription, and conclude that none in fact does so. In Part 2, we discuss two other theses of Gardner’s: that it makes no sense to ascribe to law the claim that there are legal (...) obligations , and that law’s claim is the claim that there are moral obligations . We take issue with Gardner’s arguments for , and suggest that is unwarranted in the absence of an argument that law makes any claims at all. In Part 3, we briefly argue that, insofar as it issues requirements, there are certain claims that law cannot but make. We conclude that if Gardner is right that law’s claims are those of certain of its officials, it is law-making and not law-applying officials who make law’s claim. (shrink)

Recently, commentators close to and within the UK government have claimed that patient choice can increase equity in the context of the National Health Service. This article critically examines the basis for this claim through analysis of recent speeches and publications authored by secretaries of state for health and their policy advisers. It is concluded that this claim has not developed prospectively from an analysis of the causes of healthcare inequity, or even with a consistent normative definition of (...) equity. The limited justification that is “framed in causal explanations” of inequity has suffered from an apparent disregard of the available evidence. (shrink)

This paper has two main parts. In the first part, I argue that prominent moves in two related current debates in epistemology—viz., the debates over classical invariantism and the knowledge first movement—depend on one or the other of two claims about epistemic propriety: (1) Impropriety due to lack of a particular epistemic feature suffices for epistemic impropriety; and (2) Having justification to believe P suffices for having warrant to assert P. In the second part, I present and defend novel arguments (...) against both claims. (shrink)

In this paper, drawing upon Tosaka Jun’s response to Interwar debates on historicism and his account of everydayness, I offer an explanation for why contemporary secular apocalyptic claims lack convergence by focusing on the historical dimension of such claims. Everydayness, organized the routines of work and rest, is shown to be the basis for a sense of historical time, and theoretical journalism is outlined as the kind of collective epistemic procedure needed to produce a collective sense of a community’s place (...) in historical time. I defend the claim that the cause of starkly opposed responses to apocalyptic claims is due to qualitative differences in the work and rest that organize the everyday temporality. In the absence of a theoretical journalism, whether one subscribes to an apocalyptic claim will be contingent on heterogeneous personal circumstance. I conclude by outlining a limit case of indigenous post-apocalyptic claims under settler-colonialism. (shrink)

Contrastivism about reasons is the view that ‘reason’ expresses a relation with an argument place for a set of alternatives. This is in opposition to a more traditional theory on which reasons are reasons for things simpliciter. I argue that contrastivism provides a solution to a puzzle involving reason claims that explicitly employ ‘rather than’. Contrastivism solves the puzzle by allowing that some fact might be a reason for an action out of one set of alternatives without being a reason (...) for that action out of a different set of alternatives. (shrink)

I argue that God’s holiness as conceived in Hebrew Scripture grounds human obligations to obey divine commands. To disobey the commands of a holy God would disrespect a basic good, which we have decisive reason to avoid doing. God’s holiness may be a somewhat obscure property––though I propose transcendence and perfect morality as necessary conditions––but His omniscience and perfect morality guarantee that He would not command human beings to do things that His holiness would not ground His authority to command. (...) I conclude by replying to objections. (shrink)

This essay reviews the domain of the literary contrasting it with other intellectual discourses; especially philosophy. It establishes the superiority of literature over philosophy. And mentions the philosophies informing literature. The essay is written consciously with copious endnotes, contrary to current ways of writing. The essay proper is simple; the endnotes often mock jargon and mimic pedantry.

In ‘Why not NIMBY?’, Simon Feldman and Derek Turner mount a compelling case that NIMBY claims are not intrinsically morally unjustified, despite the fact that NIMBY-claimants...

Claims are universal when they are not dependent on when and where they are made. Mathematics and the natural sciences are the typical disciplines that allow such claims to be made. Is the striving for universal claims in other disciplines justified? Those who attempt to answer this question in the affirmative often argue that it is justified when mathematics and the natural sciences are taken as the model for other disciplines. In this paper I challenge this position and analyze the (...) issue by looking at it from a new angle, a perspective that involves two key concepts: violence and loyalty. The result of this analysis throws light on the broader question concerning what the search for truth might mean in a pluralistic world. (shrink)

This article sets out to describe how churches have responded and continue to respond to fast-changing urban environments in Pretoria Central and Mamelodi East, animating Henri Lefebvre’s sociological perspective of citadins or urban inhabitants. We make tentative interpretations and offer critical appreciation. Churches, which were historically separated from the city centre, now directly participate in claiming a right to the city. With necessary fluidity, churches express lived African urbanisms through informality, place-making, spatial innovation and everyday rituals. Though not exhaustive, the (...) article focuses on rituals shared among historic urban Christians and contemporary African urban Christians, namely prayer, listening to the Bible and worship. These rituals, when combined with the churches’ spatial innovation, to a certain degree contribute to place-making. (shrink)

The ability to evaluate scientific claims made in various media sources is a critical component of scientific literacy. This study compares how a group of 12th grade students and a group of specialists, including scientists and policy analysts with expertise in global warming, evaluated an editorial about global warming published by an oil company on the World Wide Web. Participants were asked to read the editorial and were asked a set of interview questions about it. Examples from the specialists’ interviews (...) indicate the kinds of responses that are possible with in-depth scientific knowledge. In comparison, although some examples from the students’interviews illustrate competent performance for a nonexpert, other student responses illustrate possible pitfalls. The approach of the present study affords a constructive route for formulating goals for scientific literacy. The approach permits identifying examples of students evaluating scientific claims in more or less competent ways—claims that are in the context of an important socioscientific issue and an actual media source. (shrink)

Qutayba ibn Muslim al-Bāhilī is one of the leading soldier-bureaucrats of the Umayyads period. During the time he served as the governor of Khurāsān, he consolidated the Umayyad’s rule in Tokharistan and Transoxiana provinces, and expanded the borders of the state to China by conquering the Kashgar region. His activities for conversion of the people of the conquered regions have great importance in the history of Islam since the intense relations of the Turkish people with Islam fell upon the time (...) of his governorship. It is possible to argue that by introducing the religion to these people Qutayba had played an important role in their conversion to Islam. It is also known that he had sent a delegation to the emperor of China for the same purpose. However, despite all his achievements, it is seen that the academic studies about Qutayba in our country are very rare. Besides, some of the recent studies about him claim that he was a fraud, a trickster, and an untrustworthy person in his military activities; and had committed mass murders and massacres, persecuted innocent people, destroyed and burned the cities of conquered lands. In this article, it is examined that whether these claims and accusations have their justifications or not by consulting the main sources. In fact, what is expected from constructive criticism in this subject and every other area is to clarify the matter and make it more comprehensible of its context. However, it should not be forgotten that some conclusions over Qutayba in these studies might have been drawn to quickly in order to manipulate the conquest movements of the Umayyad period.Summary: The religious interaction and change taken place in the Arabian Peninsula with the emergence of Islam and with the political, military and cultural activities of the Muslims performed during the periods of Prophet Muhammad and the Rāshidūn (rightly guided) Caliphs had significant effects upon the lands of Iraq, Syria, Egypt and Khurāsān where the ancient civilizations located.The success made by the Muslim-Arabs in such a short time is accepted of course as one of the important events of world history. The message of Islam spread rapidly with their extraordinary efforts, and reached quickly in the early days of Islam to the Amu Darya/Oxus River, which is considered to be the natural border between the Iranians and the Turks (Iran and Turan).Although the Turks who had been struggling to dominate the region for centuries gained an opportunity with the disappearance of the Sasanian Empire from history, they could not take advantage of this new situation because of their lack of political unity and a strong state, and the power held by the regional Turkish Sultans were not enough to make their dominance happen. In this conjuncture, the Muslim-Arabs who appeared in the stage of history in a relatively late period but had the ideal of being a regional and a global power had rapidly realised their political and military activities called “conquest” in the Islamic historical sources. When it comes to the period of Caliph ʿUthmān, it is seen that the conditions were very suitable for passing to the east of the Oxus River where the Turkish elements lived intensively. At the time, the absence of a strong Turkish state in the region, and China’s occupation with its own internal problems made an important contribution for the Muslim-Arab capture of the region. In this region, which is called as “Transoxiana” in the Arabic sources, it is seen that the Turks organized their political structures as city-states and regional sultanates. In the north-eastern parts of this region, there was a strong Turkish State called the Turgish State and it provided political and military support to the people of the region who rebelled occasionally the Umayyads.After solving the internal problems of the state largely and suppressing some dangerous revolts, the Umayyad Caliph ʿAbd al-Malik ibn Marwān became capable of initiating military activities beyond the borders of the state. Nevertheless, the period when the actual conquests were made was the period of his son Walīd (86/705-96/715). It is seen that the conquests made in his time were permanent, and the people who lived in the conquered lands accepted Islam to a large extent. The conquest made during Walīd’s time which extended from Kashgar to the Pyrenees, realised at an unprecedented pace. The most important name for the eastern side of the conquests is undoubtedly Al-Ḥajjāj ibn Yūsuf. Ḥajjāj (75/694-95/714) who acted as the supreme governor of Iraq for nearly twenty years, had achieved important successes in the regions of Transoxiana and Sindh located in the eastern part of the country by the hands of his appointed governors. However, many governors appointed by him to Khurāsān from 75/694 to 86/705 with the hope of reaching his goals in the east could not meet his expectations because of the political, social and economic problems that existed throughout the country, and because of the resulting rebellions in the regions that these problems caused.These unwanted conditions continued to be seen in the region until he appointed Qutayba ibn Muslim as the governor of Khurāsān (86 / 705-96 / 715) who was one of the young commanders and administrators educated by Ḥajjāj personally. Qutayba known as having a close relationship with Ḥajjāj and consulting him when taking important decisions acted in this direction throughout the time he stayed in this position.It is known that the internal conflicts in the region continued during the time when Qutayba was appointed as the governor of Khurāsān. However, he had brought together northern and southern Arabian tribes living in the region with religious, political and economical suggestions and had succeeded in persuading them for military activities that he decided to operate beyond the Oxus. For the Umayyads, these military operations were justified, because the regional sultans who ruled in the western and eastern sides of the Oxus repeatedly violated the agreements they had made before. The tendency of the people of Turkic, Iranian, and Tajik origin who were the real owner of these lands and lived in both sides of the rich Oxus basin for many centuries to violate these agreements was in fact result of a great concern. They now realized that the Muslim-Arabs who followed a systematic settlement policy in the region came to their lands this time without any intention of going back. Even though Qutayba followed a fair and reasonable policy towards them, they violated their agreements with him, formed alliances among themselves and waged military campaigns against Qutayba not to be the subjects of any change in their religion, worldview, and perception of existence.Qutayba, who is believed to have spent his its utmost efforts to make the religion of Islam and the Umayyad political cause permanent in the region under these unfavourable conditions, has been recently criticized by some researchers. The criticisms intensify around the claims that he persecuted people, committed massacres, and behaved unfaithfully by breaking his promises that he made with people. From the perspective of our own times, it is possible to think that sometimes he had taken extreme measures in punishing the sultans and the persons who raised armed struggles against him and caused riots by violating the agreements. However, when the period is compared with the others, it can be easily said that the Umayyads showed in these and other remote areas a considerable amount of tolerance that they had never shown it in their internal conflicts. It is a known fact that he generally clashed with the ones who disrupted agreements, sought help from external forces, established alliances against them, and refused to pay taxes. Based on historical sources, it does not seem to be possible to say that while doing these activities in the region, Qutabya did not behave entirely in a way that his behaviour could be classified as massacres committed against innocent civilians. On the contrary, it is known that Qutayba had given many chances to the people of the region in administrative and military affairs. As a matter of fact, he ruled the city of Bukhara for 20 years with a Turkish ruler whom he appointed and supported, and he included in his army a union of twenty thousand cosmopolitan soldiers assembled from the people of Bukhara, Baykend, Chach and Samarkand and paid a regular salary to them.The fact that his grave known as the “Imam Shaykh Qutayba Tomb” was turned later into a shrine and visited by the people even today despite the passage of long centuries after his death shows that he has been loved by the people of the region and that they have always considered him as a conqueror-bureaucrat who spent his life for the ideals of his religion. (shrink)

A standard objection to socioeconomic human rights is that they are not claimable as human rights: their correlative duties are not owed to each human, independently of specific institutional arrangements, in an enforceable manner. I consider recent responses to this ‘claimability objection,’ and argue that none succeeds. There are no human rights to socioeconomic goods. But all is not lost: there are, I suggest, human rights to ‘socioeconomic consideration’. I propose a detailed structure for these rights and their correlative duties, (...) while remaining neutral on substantive moral debates. I argue that socioeconomic-consideration human rights are satisfactorily claimable and sufficiently practical. (shrink)

This paper explores the relationship between a person's claim right not to be harmed and the duties this claim confers on others. I argue that we should reject Jonathan Quong's evidence-based account of this relationship, which holds that an agent A's possession of a claim against B is partly determined by whether it would be reasonable for A to demand B's compliance with a correlative duty. When B's evidence is that demanding compliance would not be reasonable, A (...) cannot have a claim against B. I suggest that some of the putatively problematic cases that Quong identifies can be resolved by plausibly narrowing the scope of the right not to be harmed. I also argue that Quong's view leads to implausible conclusions, and that his account of what happens to A's claim in the face of lesser-evil justifications is inconsistent with his broader view. I then defend the view that agents are required, and not merely permitted, to act on lesser-evil justifications. I further argue that A may not defend herself against the infliction of harms that are justified on lesser-evil grounds. However, she may defend herself in cases where B is only evidentially, and not objectively, justified in harming her. (shrink)

Amy Gutmann and Dennis Thompson’s theory of deliberative democracy has been widely influential and favorably viewed by many as a successful attempt to combine procedural and substantive aspects of democracy, while remaining quintessentially liberal. Although I admit that their conception is one of the strongest renditions of liberal democracy, I argue that it is inadequate in radically multicultural societies that house non-liberal cultural minorities. By focusing on Gutmann’s position on minority claims of culture in the liberal West, which follows from (...) Gutmann and Thompson’s theory of deliberative democracy, I attempt to show that the theory of deliberative democracy does not do justice to legitimate claims of culture made by nonliberal minority cultural groups in the liberal West. As a result, I further argue that their deliberative democracy itself is inadequate for radically diverse societies in the West, some of whose members also belong to nonliberal minority cultural groups. (shrink)

Captured in narrative textual form through open-ended and tape-recorded interview conversations, visitor experience was interpreted to construct a description of visitors' relationships to place while at the same time providing insights for those who manage the national park. Humans are conceived of as meaning-makers, and outdoor recreation is viewed as emergent experience that can enrich peoples' lives rather than a predictable outcome of processing information encountered in the setting. This process-oriented approach positions subjective well-being and positive experience in the ongoing (...) processes and activities that comprise our life pursuits rather than in particular end states toward which behaviors might be directed as in the case of end state frameworks. Several themes emerged in the interpretation across narratives including a relationship of stewardship/sense of respectful mitigation, socially constructed dimensions of the wilderness concept, which both converged with and deviated from definitions in The Wilderness Act of 1964, humans positioned as both part of wilderness and separate from it, description of a process whereby people form a relationship to protected places, and an awareness among visitors of the overarching management dilemma of how to balance human visitation with protection. Management insights and general implications that emerged from the overall interpretation such as using narrative illustration to enhance visitor education were summarized. It is suggested that the particularities of the setting, in conjunction with the process-oriented creation of meaning via varying levels of physical and social interaction with the setting each play important roles, perhaps at different times, for visitors' relationships to places within the Park. The process of forming long-term relationships to places is highlighted as the common thread running through the interpretation. The value of the national park is seen to lie in these relationships, which are time and context dependent, not necessarily in the attributes of the park, many of which are generic to other protected areas in North America. The dissertation concluded with an evaluation of this interpretation based on these implications and insights and provided direction for further research to learn about the processes involved with forming relationships to protected places. (shrink)

Pezdek and Lam [Pezdek, K. & Lam, S. . What research paradigms have cognitive psychologists used to study “False memory,” and what are the implications of these choices? Consciousness and Cognition] claim that the majority of research into false memories has been misguided. Specifically, they charge that false memory scientists have been misusing the term “false memory,” relying on the wrong methodologies to study false memories, and misapplying false memory research to real world situations. We review each of these (...) claims and highlight the problems with them. We conclude that several types of false memory research have advanced our knowledge of autobiographical and recovered memories, and that future research will continue to make significant contributions to how we understand memory and memory errors. (shrink)

Enhanced by many innovative exercises, examples, and pedagogical features, The Power of Critical Thinking: Effective Reasoning About Ordinary and Extraordinary Claims, Second Edition, explores the essentials of critical reasoning, argumentation, logic, and argumentative essay writing while also incorporating material on important topics that most other texts leave out. Author Lewis Vaughn offers comprehensive treatments of core topics, including an introduction to claims and arguments, discussions of propositional and categorical logic, and full coverage of the basics of inductive reasoning. Building on (...) this solid foundation, he also delves into areas neglected by other texts, adding extensive material on "inference to the best explanation" and on scientific reasoning; a thorough look at the evaluation of evidence and credibility; and a chapter on the psychological and social factors that can impede critical thinking. Additional notable elements are a chapter on moral reasoning, advice on how to evaluate Internet sources, and guidelines for evaluating occult, paranormal, or supernatural claims. The Power of Critical Thinking, Second Edition, integrates many pedagogical features including hundreds of diverse exercises, examples, and illustrations; progressive, stand-alone writing modules; numerous text boxes; step-by-step guidelines for evaluating claims, arguments, and explanations; a glossary of important terms; and many reminders, summaries, and review notes throughout. The text is supplemented by a companion website at www.oup.com/us/criticalthinking (offering a student study guide and more), and an Instructor's Manual with Test Questions (available both in print and on a CD). This unique text features a modular structure that allows instructors to teach the chapters in almost any order. Written in a student-friendly style and enhanced by humor where appropriate, it is ideal for courses in critical thinking, introduction to logic, informal logic, argumentative writing, and introduction to argumentation. New to the Second Edition * Full-color throughout and an expanded art program (37 more photos and illustrations) * A new writing module--an annotated sample student paper--and five additional essays for analysis * A new section on evaluating news reports and advertising * Timely discussions of intelligent design and population (nonintervention) studies * Expanded coverage of experts and authors and reasons to doubt their reliability * More "Field Problems" and exercise questions * Chapter objectives and key terms with definitions for each chapter. (shrink)

Children are often denied rights on the basis of their incompetence. A theory of rights for children is essential for consideration of the child's political status, yet the debate surrounding children's rights has been characterised by the divisive concept of ‘capacity’ typified in the two leading rights theory, Interest Theory and Will Theory. This article will provide a thorough analysis of the relationship between capacity, competence and rights. Although Interest Theory has successfully dealt with the competence requirement for being a (...) right-holder, the competence requirement still holds for the type of rights a child holds. Children's interests are determined sufficiently strong to found a right when the claim-holder has the competence to realise the benefit to which that interest pertains. This allows us to recognise children as right-holders while constraining the types of rights they hold according to their developing competencies. (shrink)

One of the lamentable characteristics of our contemporary age is the way in which abortion has been adopted as a natural part of the culture. This essay describes this adoption as a symptom of that culture’s profound de-Christianization. As that culture sheds its once Christian commitments, persons change the way in which they relate to their body in its sexually differentiated physiology, its physical drives and impulses. They refashion their sense of human flourishing, their vision of women’s social role, the (...) value they place on education, career, and economic well-being, and their understanding of reproductive responsibility. This de-Christianization is not sufficiently appreciated in a nominally still “Christian culture.” Such blindness reflects an inability to distinguish Christian commitments from moral commitments, which, although framed in terms that are compatible with Christian meanings, are equally open to meanings affirming the idolatry informing secular humanism. De-Christianization is not the same as de-moralization. This essay explores the way in which the new moral norms about sexuality, about education and career opportunities for women, authority within marriage, the role of this-worldly well-being and human suffering all contribute to our culture’s complacency in view of abortion. The underlying concern is to illustrate how a morality (even a morality of human sympathy and solidarity) that is not anchored in a genuine Tradition-affirming Christian conduct of life leads away from Christ, and how only a return to that conduct can heal our “culture of death.”. (shrink)

This study integrates theories of diffusion and social identity to conceptualize the diffusion of Sustainability Report as a result of a firm’s identification with its reference groups. Specifically, we first hypothesize four different sources of external stakeholder pressures driving the diffusion. Next, we argue that the source of external stakeholder pressures has a differential effect on the adoption of SR for firms that claim their identity on sustainability management. For firms with organizational identity claims, in-group stakeholder pressure will amplify (...) whereas out-group stakeholder pressure will dampen the adoption. We test our theory using an event-history analysis of 675 publicly traded firms in Korea during the period of 2003–2010. The results show that all four sources of external pressure serve as mechanisms through which SR spread in Korea. More importantly, we find support for the moderating role of organizational identity claims in the effect of external pressures. We discuss how organizational identity matters in the diffusion of corporate social initiatives along with implications for policy makers. (shrink)

In United States ex rel. Quirk v. Madonna Towers, Inc., the U.S. Court of Appeals for the Eighth Circuit held that the failure of a skilled nursing facility's executives to seek a legal opinion regarding a billing practice they considered valid did not meet the definition of knowingly presenting a false claim for payment to the federal government under the False Claims Act. Alleging that the facility that provided care to his aunt fraudulently submitted claims to Medicare for services (...) provided free of charge, the appellant brought this case qui tam on behalf of the federal government under the FCA.The FCA was passed by the legislature in an effort to punish and deter fraud against the federal government. It provides financial incentives for private individuals to come forward with information about fraudulent activity. (shrink)

In many countries patient involvement is high on the healthcare policy agenda, which includes patient representation in collective decision-making. Patient organizations are generally considered to be important representatives of patients. Other actors also claim to represent patients in decision-making, such as politicians, healthcare professionals, and client advisory councils. In this paper we take a broad view of patient representation, examining all the actors claiming to represent patients in the Dutch debate on the decentralization of care. We conclude that variety (...) in forms of representation could help do justice to the variety of patient preferences. In addition we conclude that in order to ensure the democratic quality of patient representation, actors making representative claims have to reflect on how their claims relate to each other and how they can ensure authorization and accountability in the representative relationship with those they claim to represent. (shrink)

ABSTRACT In a recent paper published in this journal, Thomas S. Petersen makes a qualified defense of what he calls ‘the Claim from Adoption’, according to which, ‘instead of expending resources on bringing new children [in developed countries] into the world using reproductive technology and caring for these children, we ought to devote these resources to the adoption and care of existing destitute children’. My purpose in this paper is not to discuss Petersen’s argument in favor of that (...) class='Hi'>claim. Rather, I want to show that, even if the Claim from Adoption might be, other things being equal, true, it is not true all things considered. What is, all things considered, true is a much more complex set of statements, including a general prima facie obligation to adopt, as well as an obligation by the state of developed countries to discourage procreation and promote adoption of destitute children. (shrink)