The purpose of this paper is to provide an overview of the most recent public policy and ethical issues as they relate to the growing usage of nonunion employment arbitration particularly in relation to financial services firms and professional firms. In this era of increasing employment-related litigation, it is wise from an employer’s point of view to find alternative procedures that offer assurances of fairness yet provide expeditious means for resolving disputes. From an employee’s vantage point, however, it is essential (...) that the fundamental issue of procedural and substantive due process be maintained and guaranteed. Therefore, a number of strategic ethical issues arise: How should employment arbitration procedures be designed following the Due Process Protocol of the Task Force on Alternative Dispute Resolution in Employment? How should arbitration procedures follow the national rules for the resolution of employment disputes of the American Arbitration Association? Do recent court decisions shed light on these issues? What ethical principles can be gleaned from these public policy pronouncements? A final objective of this paper is to study some of the current initiatives on this topic. (shrink)
This issue of Telos includes several articles that address questions of religion and liturgy, especially in their capacity as vehicles of a critique of modernity. The arguments are varied and the accounts of religion by no means mutually compatible. Yet, prior to any consideration of the individual positions, it is urgent to anticipate the apprehension that this “liturgical turn” probably awakens. Readers of the journal are accustomed to theory, of course, but typically in its relation to philosophical or political issues (...) which in one way or another derive from the concerns of a self-critical Left: heterodox neo-Marxism, East European dissidence,…. (shrink)
Our article identifies and describes the metaphoric fallacy to a deductive inference (MFDI) that is an example of incorrect reasoning along the lines of the false analogy fallacy. The MFDI proceeds from informal semantical (metaphorical) claims to a supposedly formally deductive and necessary inference. We charge that such an inference is invalid. We provide three examples of the MFDI to demonstrate the structure of this invalid form of reasoning. Our goal is to contribute to the set of known informal fallacies.
Since 1999 Thoemmes Press (now Thoemmes Continuum) has been engaged in a large-scale programme of biographical dictionaries of philosophy and related subjects. This volume on Irish philosophers follows the standard format of arranging entires alphabetically by thinker. It includes two forms of entry: (1) entries reproduced from previous editions of Thoemmes encyclopedias of British philosophy and (2) wholly new entries on early (renaissance-period) and_ modern (20th century) philosophers, together with some new entries on the intervening centuries. >.
The “nation” has been the primary unit of political membership in modernity, typically stronger than “region” (the American 1865) and almost always stronger than “class” (the European 1914). Membership in the nation has meant citizenship, the basis of civil rights and civic responsibility within the rule of law. However “nation” is also related to the “people,” the source of all democratic power. The “people” was the population in the age of the democratic revolutions before anything like contemporary mass immigration. While (...) the Enlightenment notion of “the people” was not an ethnic definition, the romanticization of the term and its metamorphosis.. (shrink)
Merleau-Ponty's Phenomenology of Perception (1945) essentially aims at debunking the myth of objectivity. The Phenomenology takes the entire Western tradition to task over its reliance on the objective attitude, showing how this attitude structures the architectonics of idealism and empiricism. These philosophies share the same presuppositions: their metaphysics and epistemologies are inherently dualistic. The problematics that stem from this objectivism have informed the Western understanding of God. This essay undertakes an examination of one of the more extended treatments of God (...) in Merleau-Ponty's magnum opus. The aim is not to justify or critique the objective attitude per se, but to show some of its radical implications for theology after Descartes. The passage of focus is on pages 358–9 in the English translation of the Phenomenology. The attempt here is to bring some of the research on Merleau-Ponty into dialogue with the philosophy of religion, and is a tentative step in a larger project of looking at the role of God in Merleau-Ponty's corpus. (shrink)
A Platonic explanation of non-modal and modal truths is explained and defended using non-spatiotemporal entities as their truthmakers. It is argued, further, that this theory is parsimonious, naturalistic, and ontologically serious. These features should commend the view to a wide swath of philosophers.
Unlike nearly all studies of Berkeley, this book looks at the full range of his work and links it with his life--focusing in particular on his religious thought. While aiming to present a clear picture of his career, Berman breaks new ground on, among other topics, Berkeley's philosophical strategy, his account of immortality, his Jacobitism, his emotive theory of religious mysteries, and the motivation of his Siris (1744). Also distinctive is the attention paid to the Irish context of his (...) thought, his symbolic frontispieces and portraits, and recent discoveries concerning his life and writings. (shrink)
Existing descriptions of stakeholder management have primarily been static and one-dimensional. In this paper, we offer a multidimensional perspective and outline four main profiles of stakeholder management. We then explain how and why companies change their stakeholder management approach over time.
A world of legal conflicts -- The limits of sovereigntist territoriality -- From universalism to cosmopolitanism -- Towards a cosmopolitan pluralist jurisprudence -- Procedural mechanisms, institutional designs, and discursive practices for managing pluralism -- The changing terrain of jurisdiction -- A cosmopolitan pluralist approach to choice of law -- Recognition of judgments and the legal negotiation of difference.
Pharmaceutical companies routinely engage physicians, particularly those with prestigious academic credentials, to deliver “educational” talks to groups of physicians in the community to help market the company's brand-name drugs.Although presented as educational, and even though they provide educational content, these events are intended to influence decisions about drug selection in ways that are not based on the suitability and effectiveness of the product, but on the prestige and persuasiveness of the speaker. A number of state legislatures and most academic medical (...) centers have attempted to restrict physician participation in pharmaceutical marketing activities, though most restrictions are not absolute and have proven difficult to enforce. This article reviews the literature on why Speakers' Bureaus have become a lightning rod for academic/industry conflicts of interest and examines the arguments of those who defend physician participation. It considers whether the restrictions on Speakers' Bureaus are consistent with principles of academic freedom and concludes with the legal and institutional efforts to manage industry speaking. (shrink)
ExcerptAll rational liberal philosophic positions have lost their significance and power. One may deplore this but I for one cannot bring myself to clinging to philosophic positions which have been shown to be inadequate. Leo Strauss, “Existentialism”1The Supreme Court decision on the Patient Protection and Affordable Care Act, the Obama administration's signature legislation on health care, attracted exceptional public attention, and rightly so. Health is a vital concern, and the topic is charged with acerbic party politics. More importantly, the terms (...) of the debate give evidence of a widespread awareness, across the political spectrum, that…. (shrink)
ExcerptProfound change in society may involve shifting control of political power, the character of economic systems, or access to resources, but it can also have to do with the structures of meaning we bundle together in various understandings of culture. This issue of Telos looks at the explosive forces located specifically in the intangible dimensions of culture and how they may play out in revolutionary or counter-revolutionary processes. No process has been more disruptive of inherited traditions and stable structures than (...) globalization, the spread of the dynamic economy of capitalism coupled with liberal democracy. In a bold account, Jörg Friedrichs…. (shrink)
It is difficult to start a discussion about religion. The topic irritates the modern public, especially the part that has been schooled in Critical Theory. Enlightenment hostility toward religion, which regularly goes far beyond skepticism, has profoundly shaped sensibilities and the habits of debate. Spoken or unspoken assumptions in the secular public sphere relegate religion to a fully private matter, and, therefore, not an appropriate topic for consideration, let alone a possible source for reflection on current theoretical or political matters. (...) The elaboration of theory within the project of modernity is taken to be fully separate from religion, or perhaps…. (shrink)
ExcerptThe concept of the public sphere is the touchstone of Peter Hohendahl's scholarship, which has been profoundly influential on both sides of the Atlantic. One is tempted to suggest that the public sphere is the central concept of Atlanticism. Historically, the urgency of publicness emerged, via Jürgen Habermas's foundational study, in the Federal Republic against the backdrop of the Nazi dictatorship.1 The pursuit of a public sphere represented an insistence on the desideratum of liberal democratic institutions in contrast to totalitarian (...) domination—whether the latter was understood as the absence of a public sphere or, alternatively, as the hyperpoliticization of the…. (shrink)
The previous issue of Telos included a collection of articles concerned with one side of the totalitarian experience in Germany, the Nazi regime and some of its ramifications for political theory, philosophy, and historiography. This current issue, which rounds out the collection of essays organized by Amir Eshel and myself, was initially envisioned as a companion discussion of the second of the two evil twins, Communism, especially in East Germany. After all, the original theorization of totalitarianism in Hannah Arendt's study (...) on The Origins of Totalitarianism was based on a parallelism (but no simple equation) of Nazism and Communism, although…. (shrink)
ExcerptAt its inception, Telos pursued a specific project as a journal: to serve as a bridge between the world of what was then often referred to as “European theory” and a U.S. intellectual world largely defined by quantitative methods in the social sciences. Over time, the terminology changed, and it is now more common to use the parlance of “analytic” and “continental” modes of philosophy, and if the latter term still clearly points toward Europe, there are representatives of both trends (...) in the university lives on both sides of the Atlantic. In retrospect, however, the question for Telos was never…. (shrink)
ExcerptIn the autumn of 1962, the philosopher Theodor Adorno, whose work is the topic of this special issue, wrote bluntly: “It would be advisable … to think of progress in the crudest, most basic terms: that no one should go hungry anymore, that there should be no more torture, no more Auschwitz. Only then will the idea of progress be free from lies. It is not a progress of consciousness.” The invitation to crudeness may seem surprising, coming from Adorno, still (...) misrepresented as the pessimistic aesthete, consistently hostile to engaged activism, mass culture, and representational art. Such are the standard…. (shrink)
The paradigm of a “new class” originated in socialist Eastern Europe among dissidents and other regime critics as a way to describe the ensconced stratum of managers, technocrats, and ideologues who controlled the levers of power. The rhetorical irony of the phrase depended on the implied contrast with an “old class” as well as the good old class theory of the orthodox Marxism that once served as the established dogma of half the world. The history of class struggle, which had (...) been history altogether, had culminated in the victory of a proletarian class that in turn had ushered in—or was…. (shrink)
Since its beginnings in 1968, Telos has repeatedly turned to the work of Theodor Adorno, asking how his version of Critical Theory could cross the Atlantic and make sense in the United States. The extraordinary attention paid since to Adorno's American experience, like that of Alexis de Tocqueville and Gunnar Myrdal, derives in part from a constant fascination with the spectacle of the critical European intellectual's encounter with the antithetical culture of a resistant America. In this classic meeting of Old (...) World and New, misunderstandings abound. Americans regard the European intellectual as biased and arrogant, spinning grotesque caricatures of America…. (shrink)
Do we face a new rule of lawlessness? On the high seas, in matters of international law and human rights, and even in domestic prosecutorial practices, any grounds to place one's trust in the lawfulness of order seem increasingly elusive. The New World Order appears to be no order at all; the century of secular universalisms leaves us in the state of a general and all-encompassing nihilism. Still, rather than signaling a dead end rife with global despair, the collapse of (...) everything that went under the name of the New World Order could be a harbinger of ample opportunities for…. (shrink)
“Community” has long been a companion of Critical Theory, but it has always pointed in two diametrically opposed directions. One path leads us to communitarian dreams of a genuine sociability and a full life. Romantic sensibility, anxious about the modern experience of cold rationality and mechanical organization, elaborates counter-models of authentic living, embedded in organic communities deemed genuine. While the Enlightenment legacy appears to abandon us to alienated isolation—no matter how much it proclaims the importance of public discourse—the romantic community (...) provides an existential alternative, an opportunity to reclaim a human authenticity. Ferdinand Tönnies's famous conceptual binary named this drama:.. (shrink)
It has been almost half a century since Horkheimer and Adorno formulated their analysis of mass culture in the “Culture Industry: Enlightenment as Mass Deception” chapter of Dialectic of Enlightenment. This special issue on “Debates in Contemporary Culture” is an attempt to evaluate the relevance of this legacy in the mid-eighties. It has become part of the left conventional wisdom that the critical theory analysis of late capitalism, focusing on concepts such as the “totally administered world” (Adorno) or “one-dimensional society” (...) (Marcuse), was overly resigned and it remained unable to identify inchoate oppositional tendencies within the ‘iron cage’ of capitalist totalization. (shrink)
Matthias Küntzel's account of the centrality of anti-Semitism within jihadist ideology appeared in German in 2002. The text has been expanded and updated for this translation. The volume includes a foreword by Jeffrey Herf, who highlights key aspects of the argument and the context. Heir to the tradition of Critical Theory—the website of the original publisher, Ça ira, carries a quotation by Hans-Jürgen Krahl, Adorno's student and antagonist—Küntzel's forcefully argued presentation stretches from the origins of twentieth-century Islamism, with the founding (...) of the Muslim Brotherhood in 1928, to the worldwide wave of anti-Semitism that followed the 9/11 attacks. Küntzel demonstrates…. (shrink)
Close to the beginning of Death in Venice, Thomas Mann sets up a relationship between aesthetic production and social context that bears strongly on the parameters of twentieth-century cultural life. After introducing his central figure, the fictive writer Aschenbach, Mann goes on to offer some exposition which, as always with Mann, is much more than exposition, since it draws attention to one of the central philosophical questions of the text: “It was a spring afternoon in that year of grace 19--, (...) when Europe sat upon the anxious seat beneath a menace that hung over its head for months. Aschenbach had sought the open soon after tea. (shrink)
Another spectre is haunting Europe and has even made it to Manhattan. Seventy years after his assassination on a sultry afternoon in Sarajevo, his Excellency the Archduke Franz Ferdinand has returned and has brought with him a danse macabre, a multinational celebration of a long-gone multinational empire. First sighted in Venice in die Palazzo Grassi in die summer of 1984, he reappeared quickly in an old haunt, die Künsderhaus in Vienna and dien moved on to conquer die world: die Centre (...) Pompidou in Paris and now die Museum of Modern An in New York. As die end of die century approaches, the fin-de-siècle is rediscovered. (shrink)
The purpose of this paper is to argue for psychological egoism, i.e., the view that the ultimate motivation for all human action is the agent’s self-interest. Two principal opponents to psychological egoism are considered. These two views are shown to make human action inexplicable. Since the reason for putting forward these views is to explain human action, these views fail. If psychological egoism is the best explanation of human action, then humans will not differ as regards their motivations for their (...) actions. However, humans will differ as regards their knowledge of what is in fact in their self-interest. (shrink)
The November elections and the new Democratic majorities in the House and the Senate have been widely interpreted—or misinterpreted—as rejections of the Bush administration's foreign policy, which itself has been widely labeled—or mislabeled—as the “neo-con” agenda. In fact the election outcomes were both more complex, as evidenced by the Lieberman victory in Connecticut over Lamont's anti-war candidacy, and more sordid: when all is said and done, the elections probably turned on the congressional page sex scandal rather than on any debate (...) over military strategy in the streets of Baghdad. The adage that one should be careful with one's wishes applies…. (shrink)
In an era where bad film stars become reactionary politicians, political films which are equally bad may be something we will just have to live with. So after the Nicaraguan occupation of Smallville in Red Dawn, Ricky goes to Vietnam in Rambo. This box office hit of the summer appears to confirm all the claims of leftist criticism regarding the ideology of Reaganism. Above all, it represents the revisionist history of the Vietnam War, won on the battlefield but lost by (...) politicians who capitulated to the totalitarian pawns of Moscow, who in turn continue to imprison and torture unnumbered POWs, the ten lost tribes of the far right. (shrink)
ExcerptThis issue of Telos explores the contours of politics after metaphysics as the horizon for an appropriate response to today's unabating politico-economic crisis. Profound challenges to core institutions of modernity—free-market economy, political liberalism, and parliamentary democracy—have emerged: the expansion of the state into civil society, the subordination of rights to security, and the growth of executive authority. Critical Theory developed, historically, in response to what Max Horkheimer labeled the “authoritarian state,” which has now overflowed the limits of the national polity (...) and permeated the fabric of transnational financial and political institutions. That is where we ought to seek the common…. (shrink)
Through a comparative analysis of the key ontological notions in Merleau-Ponty and Nagarjuna, I develop a relational social ontology that is grounded in their respective implicit and explicit ethics. Both thinkers take heed of our being-in-the-world; this is evident in their views on intersubjective sociality and language. Recognizing the limitations in these views points us toward a greater understanding of the meaningfulness of our situated existences. In this vein, I propose a number of ideas to guide the work of comparative (...) philosophy. (shrink)
This essay investigates the influences that led J.B. Watson to change from being a student in an introspectionist laboratory at Chicago to being the founder of systematic (or radical) behaviourism. Our focus is the crucial period, 1913-1914, when Watson struggled to give a convincing behaviourist account of mental imaging, which he considered to be the greatest obstacle to his behaviourist programme. We discuss in detail the evidence for and against the view that, at least eventually, Watson rejected outright the very (...) existence of mental images. We also discuss in detail whether or not Knight Dunlap was the crucial influence on his eventual rejection of mental images. Finally we consider whether Watson's rejection of mental images was bolstered by some personal incapacity as regards imaging or whether his rejection was more like a form of 'ideological blindness'. (shrink)
What all contemporary so-called aristotelian realists have in common has been identified by David Armstrong as the principle of instantiation. This principle has been put forward in different versions, but all of them have the following simple consequence in common: uninstantiated universals do not exist. Such entities are for the lotus-eating Platonist to countenance, but not for any sort of moderate realist. I shall argue that this principle, in any guise, is not the best way to differentiate aristotelianism from Platonism. (...) In its place, I shall suggest that the best way to differentiate the two versions of realism from each other is by means of a far more powerful idea: naturalism. And the surprising conclusion given this means of differentiation will be that contrary to the usual proclamations, Platonism will be the more naturalistic theory, whereas aristotelianism will come to be seen for what it really is, namely, non-naturalistic. (shrink)
Kant's ideas about, questions, and challenges to the Western tradition of philosophy reverberate into the third century of the reception of his texts. The writings of Maurice Merleau-Ponty, the twentieth-century French existential and hermeneutic phenomenologist, are interlaced with engagements with Kant's ideas. Often these incidents are marked by Merleau-Ponty's critique, yet there is a noticeable recurrence of his efforts to contend with Kant's philosophy. In Merleau-Ponty's course notes, Nature (2002), he wrestles with Kant's version of nature in the Critique of (...) Judgment (1790), specifically citing ?the happy accident? between sensibility and the understanding. This opens upon realms of metaphysical thought that remain deeply contentious within Kantian scholarship. An interrogation of this ?happy accident? leads to insights about Merleau-Ponty's conceptualization of an existentialized metaphysics the implications of which shed light on theology and the judgment of God. (shrink)
Philosophy is one of the most intimidating and difficult of disciplines, as any of its students can attest. This book is an important entry in a distinctive new series from Routledge: The Great Philosophers . Breaking down obstacles to understanding the ideas of history's greatest thinkers, these brief, accessible, and affordable volumes offer essential introductions to the great philosophers of the Western tradition from Plato to Wittgenstein. In just 64 pages, each author, a specialist on his subject, places the philosopher (...) and his ideas into historical perspective. Each volume explains, in simple terms, the basic concepts, enriching the narrative through the effective use of biographical detail. And instead of attempting to explain the philosopher's entire intellectual history, which can be daunting, this series takes one central theme in each philosopher's work, using it to unfold the philosopher's thoughts. (shrink)
Few subjects have provoked more speculation or scholarly inquiry than the relationship between creativity and madness—or, in the case of Jason Thompson, the link between memoir writing and depression. Plato theorized that the poet’s madness is divinely inspired, and two thousand years later Sigmund Freud (1928/1961) admitted that “Before the problem of the creative artist analysis must, alas lay down its arms” (p. 177)—a cautionary injunction he then disregards. Should authors heed Thompson’s prudent advice not to write about present traumas, (...) or should they accept D. H. Lawrence’s (1981) statement that “One sheds one’s sicknesses in books, repeats and presents again one’s emotions, to be master of them” (p. .. (shrink)
Even when turning its attention to public health topics such as preventive care and workplace wellness, the Affordable Care Act law embodies a highly individualistic paradigm of health. The provisions of the law implicitly assign the primary responsibility for prevention to individuals, who should be urged to make more responsible and healthier choices about what they consume and how they live. Relatively little in the law reflects the “population perspective” set forth in public health scholarship that focuses on environmental and (...) social determinants of health. This article explores the cultural and economic factors that led Congress to embrace a highly individualist conception of public health, and it suggests how public health advocates and legal scholars might seek to reframe the public discourse surrounding preventive health issues. (shrink)
This essay attempts a phenomenological analysis of Descartes' statement, ‘my perception of God is prior to my perception of myself,’ and Buber's claim that God ‘is also the mystery of the self-evident, nearer to me than my I.’ I radicalize the implications of Descartes' and Buber's claims by drawing on the thought of Husserl and Levinas, and couching the analysis in terms of Merleau-Ponty's experiential notions of haunting and reversibility. This forces us to interrogate the subjective space in which we (...) think God qua recognize the other, and shows us a kind of necessity that underlies the I-Thou relation. My conclusion leaves us in a place of powerless subjective inwardness and awe. (shrink)