This book comprises essays in law and legal theory celebrating the life and work of Jim Harris. The topics addressed reflect the wide range of Harris's work, and the depth of his influence on legal studies. They include the nature of law and legal reasoning, rival theories of property rights and their impact on practical questions before the courts; the nature of precedent in legal argument; and the evolving concept of human rights and its place in legal discourse.
Dewey proposed a new theory of language, in which the form (such as symbols) and content of language are not separated. The content of language includes the physical aspects of the world, which are purely quantitative: the life process, which involves functional responses to qualities, and the human life process, which involves the conscious integration of the potentiality of qualities to form a functional whole. The pinnacle of this process is individuality, or the emergence of a unique function to change (...) social habits through a democratic process. However, there is a real danger that the form and content of language become split. To prevent such a split, Dewey proposed education through the basic occupations of the production of food, clothing and shelter. (shrink)
: This article connects two of Dewey's generic traits of existence—stability and precariousness—to four elements specified in his preface to Democracy and Education (democracy, evolution, industrialization and the experimental method) and one element specified in his preface to How We Think (childhood). It argues that Dewey's metaphysics of stability and precariousness is implicit in his philosophy of education and provides a unifying aspect to his philosophy of education that is relevant to the modern world. The article then briefly looks at (...) whether Dewey developed a metaphysics at all and concludes that Dewey did indeed develop a metaphysics—a new metaphysics of human experience—which needs to be further analysed in relation to various aspects of his philosophy of education. (shrink)
The eighteenth century was a time of brilliant philosophical innovation in Britain. In Of Liberty and Necessity James A. Harris presents the first comprehensive account of the period's discussion of what remains a central problem of philosophy, the question of the freedom of the will. He offers new interpretations of contributions to the free will debate made by canonical figures such as Locke, Hume, Edwards, and Reid, and also discusses in detail the arguments of some less familiar writers. (...) class='Hi'>Harris puts the eighteenth-century debate about the will and its freedom in the context of the period's concern with applying what Hume calls the "experimental method of reasoning" to the human mind. His book will be of substantial interest to historians of philosophy and anyone concerned with the free will problem. (shrink)
John Harris has previously proposed that there is a moral duty to participate in scientific research. This concept has recently been challenged by Iain Brassington, who asserts that the principles cited by Harris in support of the duty to research fail to establish its existence. In this paper we address these criticisms and provide new arguments for the existence of a moral obligation to research participation. This obligation, we argue, arises from two separate but related principles. The principle (...) of fairness obliges us to support the social institutions which sustain us, of which research is one; while the principle of beneficence, or the duty of rescue, imposes upon us a duty to prevent harm to others, including by supporting potentially beneficial, even life-saving research. We argue that both these lines of argument support the duty to research, and explore further aspects of this duty, such as to whom it is owed and how it might be discharged. (shrink)
In Reason's Grief, George Harris takes W. B. Yeats's comment that we begin to live only when we have conceived life as tragedy as a call for a tragic ethics, something the modern West has yet to produce. He argues that we must turn away from religious understandings of tragedy and the human condition and realize that our species will occupy a very brief period of history, at some point to disappear without a trace. We must accept an ethical (...) perspective that avoids pernicious fantasies about ultimate redemption but that sees tragic loss as a permanent and pervasive aspect of our daily lives, yet finds a way to think, feel, and act with both passion and hope. Reason's Grief takes us back through the history of our thinking about value to find our way. The call is for nothing less than a paradigm shift for understanding both tragedy and ethics. (shrink)
Nigel Harris argues that the notion of national capital is becoming redundant as cities and their citizens, increasingly unaffected by borders and national boundaries, take center stage in the economic world. Harris deconstructs this phenomenon and argues for the immense benefits it could and should have, not just for western wealth, but for economies worldwide, for international communication and for global democracy.
`Social theory is a very difficult subject to teach and it is one that students generally find hard to get to grips with. Teaching Yourself Social Theory offers a highly original and comprehensive resource that will be welcomed by students and teachers alike' - Barry Smart, University of Portsmouth `I have no hesitation in recommending Harris' text to students and teachers of social theory' - Sociology This refreshing and accessible text demonstrates how social theory can be made into an (...) intelligible discourse that touches upon key aspects of everyday life. The abstraction and formalism of much contemporary social theory is criticized as unnecessarily `scholastic' for the beginner. The author maintains that the main problems in studying the subject are not intrinsic to social theory, but derive from how the subject is taught as a university discipline. This lively book uses non-specialist terms to introduce more complex themes, and incorporates a Website with questions and reading guides to some of the classic works. (shrink)
The Oxford Readings in Philosophy series brings together important recent writing in major areas of philosophical enquiry, selected from a variety of sources which may not be conveniently available to the university student or general reader. In this volume, John Harris presents the examples of the very best philosophical writing in bioethics from an internationally renowned list of contributors; authors featured include Peter Singer, Helga Kuhse, Tom Beauchamp, Ruth Macklin, and Ronald Dworkin. The book begins with a substantial overview (...) by John Harris, looking at the evolution and nature of bioethics, contemporary debates, and introduces each of the pieces included, setting them in their academic context. -/- Organized thematically, the volume covers the beginnings of life, end of life, value of life, quality of life, future generations, and professional ethics. It is a wide-ranging volume that covers the broad spectrum of the major topics in bioethics, and its clear and accessible approach makes it essential reading for all students of bioethics. (shrink)
Why has the ring of the telephone become a beep? What ever happened to the bumpers and fenders of cars? Why do food commercials never mention hunger?In this encyclopedia of low-brow aesthetics, Daniel Harris concentrates on the nuances of non-art, the uses of the useless, the politics of product design and advertising. We learn how advertisers exaggerate our sensual responses to eating, how close-up nature photography exaggerates the accessibility of the natural world, and how the mutated physiology of dolls (...) invites our pity and affection.In studying its aesthetics, we find consumerism instills disappointment rather than gratification, convincing us that our lives are deficient and wanting. If we are what we buy, then we must buy in order to be. (shrink)
A BELIEF IN FREE WILL touches nearly everything that human beings value. It is difficult to think about law, politics, religion, public policy, intimate relationships, morality—as well as feelings of remorse or personal achievement—without first imagining that every person is the true source of his or her thoughts and actions. And yet the facts tell us that free will is an illusion. In this enlightening book, Sam Harris argues that this truth about the human mind does not undermine morality (...) or diminish the importance of social and political freedom, but it can and should change the way we think about some of the most important questions in life. (shrink)
Who am I, and what am I? The question is one asked through the ages, answered in various ways in different disciplines. Identity is a matter of intellectual interest but also of personal and practical interest, attracting attention and stimulating controversy outside the ranks of the specialists. This volume offers a comparison and cross-fertilization of insights and theories from various disciplines in which identity is a key concept. -/- Identity contains essays by six internationally famous contributors, focusing on different facets (...) of identity from the viewpoint of their various disciplines. Two philosophers, Bernard Williams and Derek Parfit, discuss, respectively, numerical identity (when can we say that two phenomena observed at different times are one and the same thing?) and personal identity (how far can the concept of `I' be stretched, and does it always matter whether we can say if that would still be me?). Henry Harris looks at philosophical discussions of identity from the persopective of an experimentalist, and discusses whether philosophical thought-experiments have any basis in scientific reality. -/- The essays that follow offer perspectives from outside philosophy: Michael Ruse considers homosexual identity and to what extent it is reasonable to claim that homosexuality is a social construct. Terence Cave looks at personal identity through the eye of literature and fiction, and portrays idetnity as generated through the narratives that one weaves about oneself or about other people. Finally, Anthony D Smith looks at national identities and how they are formed, analysing how this process is shaped by the interplay of cultural inheritance, political expediency, and myth. (shrink)
As hopes that generative linguistics might solve philosophical problems about the mind give way to disillusionment, old problems concerning the relationship between linguistics and philosophy survive unresolved. This collection surveys the historical engagement between the two, and opens up avenues for further reflection. In Part 1 two contrasting views are presented of the interface nowadays called 'philosophy of linguistics'. Part 2 gives a detailed historical survey of the engagement of analytic philosophy with linguistic problems during the present century, and sees (...) the imposition by philosophers of an 'exploratory' model of thinking as a major challenge to the discipline of linguistics. Part 3 poses the problem of whether linguistics is dedicated to describing independently existing linguistic structures or to imposing its own structures on linguistic phenomena. In Part 4 Harris points out some similarities in the way an eminent linguist and an eminent philosopher invoke the analogy between languages and games; while Taylor analyses the rationale of our metalinguistic claims and their relationship to linguistic theorizing. Providing a wide range of views and ideas this book will be of interest to all those interested and involved in the interface of philosophy and linguistics. (shrink)
When philosophers put forward claims for or against 'property', it is often unclear whether they are talking about the same thing that lawyers mean by 'property'. Likewise, when lawyers appeal to 'justice' in interpreting or criticizing legal rules we do not know if they have in mind something that philosophers would recognize as 'justice'. -/- Bridging the gulf between juristic writing on property and speculations about it appearing in the tradition of western political philosophy, Professor Harris has built from (...) entirely new foundations an analytical framework for understanding the nature of property and its connection with justice. Property and Justice ranges over natural property rights; property as a prerequisite of freedom; incentives and markets; demands for equality of resources; property as domination; property and basic needs; and the question of whether property should be extended to information and human bodily parts. It maintains that property institutions deal both with the use of things and the allocation of wealth, and that everyone has a 'right' that society should provide such an institution. (shrink)
: The concept of the person has come to be intimately connected with questions about the value of life. It is applied to those sorts of beings who have some special value or moral importance and where we need to prioritize the needs or claims of different sorts of individuals. "Person" is a concept designating individuals like us in some important respects, but possibly including individuals who are very unlike us in other respects. What are these respects and why are (...) they important? This paper sets out to answer these questions and to develop a coherent and useful concept of the person. (shrink)
Empirical studies in business ethics often rely on self-reported data, but this reliance is open to criticism. Responses to questionnaires and interviews may be influenced by the subject''s view of what the researcher might want to hear, by a reluctance to talk about sensitive ethical issues, and by imperfect recall. This paper reviews the extent to which published research in business ethics relies on interviews and questionnaires, and then explores the possibilities of using secondary data, such as company documents and (...) newspaper reports, as a source for empirical studies in applied ethics. A specific example is then discussed, describing the source material, the method, the development of the research questions, and the way in which reliability and validity were established. In the example, content analysis was used to examine the extent to which the executive virtue of courage was observed or called for in items published in four international daily newspapers, and to explore the meaning which was attributed to "courage" in the papers. (shrink)
Ethical behavior — the conscious attempt to act in accordance with an individually-owned morality — is the product of an advanced stage of the maturing process. Three models of ethical growth derived from research in human development are applied to issues of business ethics.
The advent of computer-assisted digital manipulation has raised new ethical concerns in news photography. A series of recent questionable manipulations in news magazines gives rise to a call for some systematic decision making and accountability. Protocols rather than codes of ethics are called for.
There are gaps in the Social and Ethical issues literature regarding the structure of individual ethical reasoning and the process through which personal ethical standards erode or decline. Social Penetration Theory may be used to view ethical issues of low, moderate, or high salience. It also produces a model of the process by which an individual turns to less desirable ethical reasoning and behavior.
This paper offers an account of data manipulation in scientific experiments. It will be shown that in many cases raw, unprocessed data is not produced, but rather a form of processed data that will be referred to as a data model. The language of data models will be used to provide a framework within which to understand a recent debate about the status of data and data manipulation. It will be seen that a description in terms of data models allows (...) one to understand cases in which data acquisition and data manipulation cannot be separated into two independent activities. (shrink)
This study examines the ethical values of respondents by level in the organizational hierarchy of a single firm. It also explores the possible impacts of gender, education and years of experience on respondents' values as well as their perceptions of how the organization and professional associations influence their personal values. Results showed that, although there were differences in individuals' ethical values by hierarchical level, significantly more differences were observed by the length of tenure with the organization. While respondents, as a (...) whole, were rather ambivalent in their perception of the organization's and professional associations' influence on their values, sales/service persons frequently felt pressured to modify their values in order to achieve company goals. (shrink)
Emphasis in business ethics texts and courses has generally focused on corporate and other relatively high-level ethical issues. However, business school graduates in early career stages report ethical dilemmas involving individual-level decisions, often including influence attempts from one or more members of their work role sets. This paper proposes the use of role set analysis as a pedagogical technique for helping individuals to anticipate and deal with early-career ethical issues.
Locke consistently argues for the importance of cosmopolitan identity, i.e., cultural-citizenship. Paradoxically, he also argues for the importance of particular, local, and racial/ethnic identities. People have a natural instinct that Locke terms a consciousness of kind, to bond with persons in relatively closed communities. Communities are not natural social groups for Locke, but historical social constructions. I argue that Locke''s ethical and conceptual paradox is revolved by considering the relationship between instincts and particular social groups as asymmetrical; that groups are (...) inherently constructed, and thus require continual revaluation. Particular communities are, at best, Gemeinschaft. (shrink)
The conventional wisdom among many sociologists is (1) that it is their prerogative to define, document, and explain the inequalities that exist in society and (2) that there are two general theoretical perspectives useful for studying inequality: functionalism and conflict theory. Some scholars have recently challenged the latter portion of this view by advocating the development of more interpretive, interactionist approaches. However, these scholars'' agendas often tend to perpetuate the first half of the conventional wisdom. While interactionists (and other constructionist (...) scholars) can choose to study inequality in any number of ways, I argue that the most distinctive contribution they can make is to focus on the meanings that inequalities have for people in everyday life, as well as how those meanings are achieved. (shrink)
Urquhart and Méndez and Salto claim to establish completeness theorems for the system C and two of its negation extensions. In this note, we do the following three things: (1) provide a counterexample to all of these alleged completeness theorems, (2) attempt to diagnose the mistakes in the reported completeness proofs, and (3) provide complete axiomatizations of the desired systems.
Intuitionists and classical logicians use in common a large number of the logical axioms, even though they supposedly mean different things by the logical connectives and quantifiers — conquans for short. But Wittgenstein says The meaning of a word is its use in the language. We prove that in a definite sense the intuitionistic axioms do indeed characterize the logical conquans, both for the intuitionist and the classical logician.
People have a powerful interest in geneticprivacy and its associated claim to ignorance,and some equally powerful desires to beshielded from disturbing information are oftenvoiced. We argue, however, that there is nosuch thing as a right to remain in ignorance,where a right is understood as an entitlementthat trumps competing claims. This doesnot of course mean that information must alwaysbe forced upon unwilling recipients, only thatthere is no prima facie entitlement to beprotected from true or honest information aboutoneself. Any claims to (...) be shielded frominformation about the self must compete onequal terms with claims based in the rights andinterests of others. In balancing the weightand importance of rival considerations aboutgiving or withholding information, if rightsclaims have any place, rights are more likelyto be defensible on the side of honestcommunication of information rather than indefence of ignorance. The right to free speechand the right to decline to acceptresponsibility to take decisions for othersimposed by those others seem to us moreplausible candidates for fully fledged rightsin this field than any purported right toignorance. Finally, and most importantly, ifthe right to autonomy is invoked, a properunderstanding of the distinction between claimsto liberty and claims to autonomy show that theprinciple of autonomy, as it is understood incontemporary social ethics and English law,supports the giving rather than the withholdingof information in most circumstances. (shrink)
This article proposes "equality" as a topic for interactionist research. By drawing on the perspectives of Herbert Blumer, Alfred Schutz, and Harold Garfinkel, an attempt is made to lay the theoretical groundwork for studying the interpretive and experiential aspects of equality. Blumer's fundamental premises of symbolic interactionism, Schutz's analysis of relevance and typification, and Garfinkel's treatment of reflexivity and indexicality are explicated and applied to the subject of equality. I then draw upon the moral theory of John Dewey to suggest (...) the positive role that interactionist theory and research might play in the resolution of problematic situations that are framed in terms of equality. Collectively, the complementary aspects of Blumer's, Schutz's, Garfinkel's, and Dewey's thought are used to justify and launch a program of research on a neglected yet important topic: the social construction of equality in everyday life. (shrink)
In this article I am concerned with whether it could be morally significant to distinguish between doing something 'in order to bring about an effect' as opposed to 'doing something because we will bring about an effect'. For example, the Doctrine of Double Effect (DDE) tells us that we should not act in order to bring about evil, but even if this is true is it perhaps permissible to act only because an evil will thus occur? I discuss these questions (...) in connection with a version of the so-called Trolley Problem known as the Loop Case. I also consider how these questions may bear on whether a rational agent must aim at an event which he believes is causally necessary to achieve an end he pursues. (shrink)
When children are too young to make their ownautonomous decisions, decisions have to be madefor them. In certain contexts we allow parentsand others to make these decisions, and do notinterfere unless the decision clearly violatesthe best interest of the child. In othercontexts we put a priori limits on whatkind of decisions parents can make, and/or whatkinds of considerations they have to take intoaccount. Consent to medical research currentlyfalls into the second group mentioned here. Wewant to consider and ultimately reject one (...) ofthe arguments put forward for putting medicalresearch into the second category. We willargue that some objections to children'sparticipation in research are either based onan implausibly restrictive conception of whatis in fact in the child's best interests orthat there is an implicit and false premisehidden in this argument; i.e., the premise thatour children have so deeply fallen into moralturpitude that we must assume that they wouldnot want to fulfill their moral obligations,or, that they will grow up to be morallydeficient and will then wish not to have actedwell while a child. (shrink)