Online research in philosophy

Investigates a complex structure of morality, the demands such morality places on individuals, and the behavioral consequences of the system of right and wrong.

At 30 years' distance, it is safe to say that Nozick's Anarchy, State and Utopia has achieved the status of a classic. It is not only the central text for all contemporary academic discussions of libertarianism; with Rawls's A Theory of Justice, it arguably frames the landscape of academic political philosophy in second half of 20th century. Many factors, obviously account for the prominence of the book. This paper considers one: the book's use of rhetoric to charm and disarm its (...) readers, simultaneously establishing Nozick's credibility with readers, turning them on his ideological opponents, and helping his argument over some of its more serious substantive difficulties. Footnotesa I am grateful to Joe Bankman, Tom Grey, Pam Karlan, Ellen Frankel Paul, Seana Shiffrin, and Bob Weisberg for their very helpful comments on previous drafts of this essay. I am also grateful to my fellow contributors to this volume and to the participants in the Berkeley GALA and the UCLA Law and Philosophy Workshop, at which earlier versions of this essay were presented. All errors and indiscretions are mine alone. (shrink)

This paper examines the efforts of contractualists to develop an alternative to aggregation to govern our duty not to harm (duty to rescue) others. I conclude that many of the moral principles articulated in the literature seem to reduce to aggregation by a different name. Those that do not are viable only as long as they are limited to a handful of oddball cases at the margins of social life. If extended to run-of-the-mill conduct that accounts for virtually all unintended (...) (in the sense of undesired) harm to others—noncriminal activities that impose some risk of harm on others—they would rule out all action. Moreover, because such conduct poses an irreducible conflict between freedom of action and freedom from expected harm, it can be regulated only by principles that accept the necessity of making precisely the sorts of interpersonal trade-offs that contractualism is foundationally committed to reject: trade-offs in which the numbers count, such that a risk of serious harm to one person can be justified by small benefits to the many. (shrink)

Amartya Sen has recently urged that political philosophers pay attention to social choice theory in their deliberations about justice. However, despite its merits, social choice theory is not standardly part of undergraduate political philosophy. One difficulty is that it involves symbolic logic and difficult concepts. We can reduce this challenge by making the material no harder than it needs to be. I consider the standard proof of Arrow’s Theorem, a seminal result. Kenneth Arrow does not explicate the role of the (...) irrelevance of independent alternatives. Sen and Wulf Gaertner have offered clarifications, but I shall elucidate the full role. (shrink)

The article considers a surprisingly resilient argument, going back to Adam Smith, for the fairness of proportionate taxation: that proportionate taxation represents the fair way to divide the surplus value produced by social cooperation among all of society's members. The article considers two recent variants on that argument, one by Richard Epstein in Takings and one by David Gauthier in Morals by Agreement. It concludes that the normative and empirical assumptions that underlie these, and all other variants, of the argument (...) are so implausible as to suggest the argument cannot be taken seriously as a defense of proportionate taxation. The article concludes by considering other possible explanations for the enduring attraction of proportionate taxation for political philosophers, particularly those with libertarian and quasi-libertarian leanings. Footnotes I am grateful to participants in faculty workshops at Vanderbilt, NYU, Virginia and Stanford Law Schools and the Qunnipiac College School of Law Conference on Law and Philosophy, as well as the anonymous outside readers for this journal, for their very helpful comments on earlier drafts. (shrink)

A mental heuristic is a shortcut (means) to a desired end. In the moral (as opposed to factual) realm, the means/end distinction is not self-evident: How do we decide whether a given moral intuition is a mere heuristic to achieve some freestanding moral principle, or instead a freestanding moral principle in its own right? I discuss Sunstein's solution to that threshold difficulty in translating “heuristics” to the moral realm.

Little is known about the mechanisms by which psychology graduate programs transmit responsible conduct of research (RCR) values. A national sample of 968 current students and recent graduates of mission-diverse doctoral psychology programs completed a Web-based survey on their research ethics challenges, perceptions of RCR mentoring and department climate, whether they were prepared to conduct research responsibly, and whether they believed psychology as a discipline promotes scientific integrity. Research experience, mentor RCR instruction and modeling, and department RCR policies predicted student (...) RCR preparedness. Mentor RCR instruction, department RCR policies, and faculty modeling of RCR behaviors predicted confidence in the RCR integrity of the discipline. Implications for training are discussed. (shrink)

Drawing upon two independent national samples of 201 and 241 psychology graduate students, this article describes the development and psychometric evaluation of 4 Web-based student self-report scales tapping student socialization in the responsible conduct of research (RCR) with human participants. The Mentoring the Responsible Conduct of Research Scale (MRCR) is composed of 2 subscales assessing RCR instruction and modeling by research mentors. The 2 subscales of the RCR Department Climate Scale (RCR-DC) assess RCR department policies and faculty and student RCR (...) practices. The RCR Preparedness scale (RCR-P) and the RCR Field Integrity scale (RCR-FI) measure respectively students' confidence in their ability to conduct research responsibly and their belief in the RCR integrity of psychology as a discipline. Factor analysis, coefficient alphas, correlations, and multiple regression analyses demonstrated each of the scales had good internal consistency and concurrent and construct validity. (shrink)

Little is known about the mechanisms by which psychology graduate programs transmit responsible conduct of research (RCR) values. A national sample of 968 current students and recent graduates of mission-diverse doctoral psychology programs completed a Web-based survey on their research ethics challenges, perceptions of RCR mentoring and department climate, whether they were prepared to conduct research responsibly, and whether they believed psychology as a discipline promotes scientific integrity. Research experience, mentor RCR instruction and modeling, and department RCR policies predicted student (...) RCR preparedness. Mentor RCR instruction, department RCR policies, and faculty modeling of RCR behaviors predicted confidence in the RCR integrity of the discipline. Implications for training are discussed. (shrink)

Despite the rekindling of an often bitter debate as to the meaning of Martin Heidegger’s involvement with National Socialism, little has been done to address afresh the texts themselves of the period in question and the problematic to which Heidegger conceived he was applying himself. Defying Enlightenment universalism, Heidegger asserts that meaningful human existence requires a belonging in a particular historical community whose integrity must be sustained in what he calls “Auseinandersetzung,”---confrontation. This paper attempts to show how “Auseinandersetzung,” itself Heidegger’s (...) translation of the Greek word “polemos,” underlies central concepts of Heidegger”s ontology, influencing his views on work, art, and great creators. The current controversy lends us an opportunity to reflect on the meaning of fascism and the foundation for politics in a global era. (shrink)

The present essay examines the conflicting ontological assumptions that one can find behind the word dao in the texts of the Laozi and Zhuangzi and argues that the relative indifference to these texts toward whether or not dao has an ontic reality should not be considered a flaw of early Daoism. Rather, the historical process by which the term dao collects various possible ontological implications can be thought of as a philosophical stance in its own right. That is, if the (...) terms which one is obliged to use in discussing the immaterial necessarily hide, at least as much as they explain, the nature of Being, then it is a reasonable response to decline to ground one’s ethics in an ontology, and that while the resulting philosophy may not qualify as a fully-adumbrated system, this does not diminish its potential usefulness. (shrink)

This paper discusses how Wittgenstein’s thinking informs recent conversations about art and aesthetic practice by examining his influence on the work of the noted modernist art critic, Michael Fried. Fried considers an excerpt from Wittgenstein’s Culture and Value, with a puzzling thought experiment, to help us see more clearly the Canadian artist Jeff Wall’s photographic vision and aesthetic. I consider Fried’s account of the photographic practice of Jeff Wall, especially his photograph Morning Cleaning, Mies van der Rohe (...) Foundation (1999). (shrink)

In a recent review essay of a two volume anthology on left-libertarianism (edited by two of us), Barbara Fried has insightfully laid out most of the core issues that confront left-libertarianism. We are each left-libertarians, and we would like to take this opportunity to address some of the general issues that she raises. We shall focus, as Fried does much of the time, on the question of whether left-libertarianism is a well-defined and distinct alternative to existing forms of (...) liberal egalitarianism. More specifically, we shall address the following fundamental issues raised by Fried (and others): (1) Does the notion self-ownership have any determinate content? (2) What is the relation between self-ownership and world ownership? (3) How is left-libertarianism different from other forms of liberal egalitarianism (e.g., those of Rawls and Dworkin)? (shrink)

: In response to the preceding commentary by Jerry Menikoff in this issue of the Journal , the authors argue that Fried's central concern is not that randomized clinical trials (RCTs) are conducted without consent, but rather that various aspects of the design and conduct of RCTs are in tension with physicians' duties of personal care to their patients. Although Fried does argue that the existence of equipoise cannot justify failure to obtain consent from research subjects, informed consent (...) by itself does not supplant ill subjects' rights to personalized judgment and care embodied in Fried's equipoise. (shrink)

In this paper, I consider Michael Fried’s recent contribution to the debate around the experience of video art, made in relation to the work of Douglas Gordon. Fried speculates that issues of antitheatricality may in fact be key to specifying the medium of video installation. While Fried’s position offers a useful way of framing the relation with the beholder in video art, in a way that pointedly moves beyond tautological notions of activating spectatorship, I question how theatricality (...) is to be thus defined. Referencing the beholding of painting, I distinguish the implicit beholder from the literal spectator, and claim that the distinction has relevance for video art. However, I welcome what seems to be an explicit acknowledgment from Fried that the position of the spectator is a contributory factor in what he terms empathic projection. I argue that video art as a spatial practice offers a distinct mode of reception by positioning the spectator in relation to two-dimensional figurative space to which she is excluded. (shrink)

Over the past few decades, there has been increasing interest in left-libertarianism, which holds (roughly) that agents fully own themselves and that natural resources (land, minerals, air, etc.) belong to everyone in some egalitarian sense. Left-libertarianism agrees with the more familiar right-libertarianism about self-ownership, but radically disagrees with it about the power to acquire ownership of natural resources. Merely being the first person to claim, discover, or mix labor with an unappropriated natural resource does not—left-libertarianism insists—generate a full private property (...) right in that natural resource. (shrink)

David Lewis ([1986b]) gives an attractive and familiar account of counterfactual dependence in the standard context. This account has recently been subject to a counterexample from Adam Elga ([2000]). In this article, I formulate a Lewisian response to Elga’s counterexample. The strategy is to add an extra criterion to Lewis’s similarity metric, which determines the comparative similarity of worlds. This extra criterion instructs us to take special science laws into consideration as well as fundamental laws. I argue that the Second (...) Law of Thermodynamics should be seen as a special science law, and give a brief account of what Lewisian special science laws should look like. If successful, this proposal blocks Elga’s counterexample. (shrink)

My topic is authenticity in or perhaps as painting, not the authenticity of paintings; I know next to nothing about the problem of verifying claims of authorship. I am interested in another kind of genuineness and fraudulence, the kind at issue when we say of a person that he or she is false, not genuine, inauthentic, lacks integrity, and, especially when we say he or she is playing to the crowd, playing for effect, or is a poseur. These are not (...) quite moral distinctions (no one has a duty to be authentic), but they are robustly normative appraisals, applicable even when such falseness is not a case of straight hypocrisy but of lack of self-knowledge or of self-deceit. (A person can be quite sincere and not realize the extent of her submission to the other’s expectations and demands.) This sort of appraisal also has a long history in post-Rousseauist reflections on the dangers of uniquely modern forms of social dependence, and they are prominent worries in the modern novel. (shrink)

A novel way of making a non-stick frying pan using a topologically open surface is described. While the article has a slight humorous element to it, it is also intended to contain some serious philosophical points concerning the nature of infinitely divisible matter and the kind of contact that must occur between objects in order for them to interact.

Sara T. Fry maintains that care is a central concept for nursing ethics. This requires, among other things, that care is a virtue rather than a mode of being. But if care is a central virtue of ethics and medical ethics then the claim that care is a central concept for nursing ethics is trivial. Otherwise, it is implausible.

Our response to Sara Fry's paper focuses on the difficulty of understanding her insistence on the fundamental character of caring in a theory of nursing ethics. We discuss a number of problems her text throws in the way of making sense of this idea, and outline our own proposal for how caring's role may be reasonably understood: not as an alternative object of value, competing with autonomy or patient good, but rather as an alternative way of responding toward that (...) which is of value. (shrink)

author. University Professor in the School of Law, Columbia University. (From July 2006, Professor of Law, New York University.) Earlier versions of this Essay were presented at the Colloquium in Legal and Social Philosophy at University College London, at a law faculty workshop at the Hebrew University of Jerusalem, and at a constitutional law conference at Harvard Law School. I am particularly grateful to Ronald Dworkin, Ruth Gavison, and Seana Shiffrin for their formal comments on those occasions and also to (...) James Allan, Aharon Barak, Richard Bellamy, Aileen Cavanagh, Arthur Chaskalson, Michael Dorf, Richard Fallon, Charles Fried, Andrew Geddis, Stephen Guest, Ian Haney-Lopez, Alon Harel, David Heyd, Sam Issacharoff, Elena Kagan, Kenneth Keith, Michael Klarman, John Manning, Andrei Marmor, Frank Michelman, Henry Monaghan, Véronique Munoz-Dardé, John Morley, Matthew Palmer, Richard Pildes, Joseph Raz, Carol Sanger, David Wiggins, and Jo Wolff for their suggestions and criticisms. Hundreds of others have argued with me about this issue over the years: This Essay is dedicated to all of them, collegially and with thanks. (shrink)

For insightful comments, we thank G. A. Cohen, Barbara Fried, Leif Wenar, Andrew Williams, Jonathan Wolff, and the Editors of Philosophy & Public Affairs. 1. Barbara Fried, “Left-Libertarianism: A Review Essay,” Philosophy & Public Affairs 32 (2004): 66–92. This is a review of The Origins of Left-Libertarianism: An Anthology of His- torical Writings and Left-Libertarianism and Its Critics: The Contemporary Debate, both edited by Peter Vallentyne and Hillel Steiner (New York: Palgrave Publishers Ltd., 2000).

This paper explores how the widely acknowledged conception of tort law as corrective justice is to be applied to the law of negligence. Corrective justice is an ordering of transactions between two parties which restores them to an antecedent equality. It is thus incompatible with the comprehensive aggregation of utilitarianism, and it stands in easy harmony with Kantian moral notions. This conception of negligence law excludes both maximizing theories, such as Holmes' and Posner's, and Fried's risk pool, which combines (...) Kantianism with distributive rather than corrective justice.Central to the Kantian approach is the impermissibility of self-preference. The two types of self-preference, self-preference in conception and self-preference in action can respectively account for the objective standard and the Learned Hand test, which are the two most characteristic features of negligence and which are generally (and wrongly) considered to be inescapably aggregative. This corrective justice conception of the negligence standard can then be compared to Epstein's corrective justice conception of strict liability, and arguments can be offered in favour of the superiority of the former. (shrink)

The vast majority of philosophers and legal theorists who have thought about the issue agree that there is such a thing as a moral right to privacy. However, there is little or no theoretical consensus about the nature of this right. According to reductionists, the right to privacy amounts to nothing more than a cluster of property rights and rights over the person, and therefore plays no autonomous explanatory role in moral theory (Thomson 1975, Davis 1959). Among non-reductionists, there are (...) almost as many accounts of the right to privacy as there are synagogues in the old town of Jerusalem. For one group of non-reductionists (perhaps the majority), the right to privacy is properly understood as a right of control, a form of autonomy. Within this group, some think that the right to privacy is the right to control information about oneself (Westin 1967, Beardsley 1971, Gerstein 1978, Fried 1970, Moore 2003), while others insist that it is the right to control access to oneself (Parker 1974, Scanlon 1975, Rachels 1975, Reiman 1976, Van den Haag 1971). For another group of non-reductionists, the right to privacy is the right to cognitive and/or physical inaccessibility (Gavison 1980, Garrett 1974, Allen 1988). Though these are by far the most widely adopted non-reductionist accounts of the relevant right, they are by no means the only ones currently on offer. There are hybrid accounts according to which the right to privacy is a cluster of various rights of control (Inness 1992) or a cluster of various rights of control and restricted access (DeCew 1997). And according to an influential “information-based” account, the right to privacy 1 is defined as the right that others not possess undocumented personal information about the right-holder (Parent 1983a; 1983b). The purpose of this paper is to bring some order to this theoretical chaos. On my view, none of these accounts of the right to privacy is accurate.. (shrink)

: Challenging the interpretation of Charles Fried's use of "equipoise" presented by Paul Miller and Charles Weijer in a recent issue of the Kennedy Institute of Ethics Journal , this commentary argues that Fried was in no way promoting the concept of equipoise. In fact, his key point was that patients have a right to know and to make their own decisions about participation in clinical trials, regardless of equipoise, however it is defined.

Challenging the formalist critical legacy of Clement Greenberg and Michael Fried, this essay advocates an alternative philosophical lineage for Modernist painting through a specific focus on Barnett Newman's vertical stripe or ‘zip’. This genealogy is rooted in Newman's own self-confessed interest in painting as a disclosure of the sensation of time and Deleuze's overt break with Kant. In light of the latter, the zip takes on the function of Deleuze's Figure: the material support that generates, sustains and also disperses (...) a precise sensation. (shrink)

This paper examines a recurrent debate about the rationale of contractual liability: whether the central object of contract law is to facilitate human interaction by respecting individual choices, or if it is in large part to redistribute wealth, power, and advantages generally. The debate between defenders of freedom of contract and those who would use contract law to advance schemes of redistribution is connected to the long-standing issues between natural-law theories and legal positivism. This paper is divided into two main (...) sections. In the first, the notion of individual autonomy is examined in light of the classical view, most recently advanced by Fried, that the rationale for enforcing contracts is connected to the respect for individual autonomy as such. There is also an examination of the notion of a collective concern, and what it is, from a libertarian point of view, that makes some social goals objectionably collective. The second part of the paper argues that the use of collective resources for the enforcement of contracts brings with it the authority to limit and shape enforcement in the interest of redistribution. (shrink)

We explore the extent to which Boards use executive compensation to incite firms to act in accordance with social and environmental objectives (e.g., Johnson, R. and D. Greening: 1999, Academy of Management Journal 42(5), 564-578; Kane, E. J.: 2002, Journal of Banking and Finance 26, 1919-1933.). We examine the association between executive compensation and corporate social responsibility (CSR) for 77 Canadian firms using three key components of executives' compensation structure: salary, bonus, and stock options. Similar to prior research (McGuire, J., (...) S. Dow and K. Argheyd: 2003, Journal of Business Ethics 45(4), 341-359), we measure three different aspects of CSR, which include Total CSR as well as CSR Strengths and CSR Weaknesses. CSR Strengths and CSR Weaknesses capture the positive and negative aspects of CSR, respectively. We find significant positive relationships between: (1) Salary and CSR Weaknesses, (2) Bonus and CSR Strengths, (3) Stock Options and Total CSR; and (4) Stock Options and CSR Strengths. Our findings suggest the importance of the structure of executive compensation in encouraging socially responsible actions, particularly for larger Canadian firms. This in turn suggests that executive compensation can be an effective tool in aligning executives' welfare with that of the "common good", which results in more socially responsible firms (Bebchuk, L., J. Fried and D. Walker: 2002, The University of Chicago Law Review 69, 751-846; Zalewski, D.: 2003, Journal of Economic Issues 37(2), 503-509). In addition, our findings suggest the importance of institutional context in influencing the association between executive compensation and CSR. Further implications for practice and research are discussed. (shrink)

: When may a physician legitimately offer enrollment in a randomized clinical trial (RCT) to her patient? Two answers to this question have had a profound impact on the research ethics literature. Equipoise, as originated by Charles Fried, which we term Fried's equipoise (FE), stipulates that a physician may offer trial enrollment to her patient only when the physician is genuinely uncertain as to the preferred treatment. Clinical equipoise (CE), originated by Benjamin Freedman, requires that there exist a (...) state of honest, professional disagreement in the community of expert practitioners as to the preferred treatment. FE and CE are widely understood as competing concepts. We argue that FE and CE offer separable and, in themselves, incomplete justifications for the conduct of clinical trials. FE articulates conditions under which the fiduciary duties of physician to patient may be upheld in the conduct of research. CE sets out a standard for the social approval of research by institutional review boards. Viewed in this way, FE and CE are not necessarily competing notions, but rather address complementary moral concerns. (shrink)

The American Journal of Bioethics, Volume 11, Issue 8, Page 60-61, August 2011.

Machine generated contents note: Introduction Ralf M. Bader and John Meadowcroft; Part I. Morality: 1. Side constraints, Lockean individual rights, and the moral basis of libertarianism Richard Arneson; 2. Are deontological constraints irrational? Michael Otsuka; 3. What we learn from the experience machine Fred Feldman; Part II. Anarchy: 4. Nozickian arguments for the more-than-minimal state Eric Mack; 5. Explanation, justification, and emergent properties - an essay on Nozickian metatheory Gerald Gaus; Part III. State: 6. The right to distribute David Schmidtz; (...) 7. Nozick's libertarian theory of justice Peter Vallentyne; 8. Does Nozick have a theory of property rights? Barbara Fried; 9. Nozick's critique of Rawls John Meadowcroft; Part IV. Utopia: 10. The framework for utopia Ralf M. Bader; 11. E Pluribus Plurum - how to fail to get to utopia in spite of really trying Chandran Kukathas. (shrink)

In this paper I argue against Fried’s thesis that a wrong must be intended by the violator in order for a person’s negative rights to be violated. With Fried’s requirement these rights become in a sense derivative from wrongs. This makes the relation between one’s negative rights and one’s moral integrity, upon which Fried wants to base rights, indirect and inappropriately weak. If rights are based on one’s status as a freely choosing, rational, moral personality, then whether (...) one’s rights are violated should be determined by inspecting one’s own loss of integrity or function, not by examining the assailant’s intentions. (shrink)

The paper begins by describing two episodes of personal grief recounted by Augustine in the Confessions, that at the death of an unnamed friend and thatat the death of his mother, Monica. It is argued that Augustine intended to show that the earlier fried, and an early phase of his grief for his mother, were sinful. However, contrary to arecent account of Augustine's grief, it is argued (by an examination of the later phase of his grief for his mother) (...) that Augustine does not hold that it is wrong to grieve at the death of a loved one, provided that one grieves for the right reason. (shrink)

Management and non-management employees of a northeastern bank read a description of a manager who engaged in a breach of confidentiality. Subjects were asked to evaluate the acceptability of 27 excuses. Results showed that subjects' ratings of acceptability were affected by their individual perception of the severity of the stimulus manager's breach of confidentiality. Subjects' rank did not affect acceptability of accounts.

> On the question of reasons as causes, philosophers generally acknowledge > that reasons can be considered causes (or antecedents of 'regularities') > only to the extent that the reasons are physically realized (instantiated, > represented, embodied, implemented) in the brain. The problem is trying to > find a neural correlate for a mental state containing a 'reason', such that > the reason can become a ('real', 'physical' ) cause.

Fifteen years ago, Robert Fulghum published a simple credo–a credo that became the phenomenal #1 New York Times bestseller All I Really Need to Know I Learned in Kindergarten . Now, seven million copies later, Fulghum returns to the book that was embraced around the world. He has written a new preface and twenty-five essays, which add even more potency to a common, though no less relevant, piece of wisdom: that the most basic aspects of life bear its most important (...) opportunities. Here Fulghum engages us with musings on life, death, love, pain, joy, sorrow, and the best chicken-fried steak in the continental U.S.A. The little seed in the Styrofoam cup offers a reminder about our own mortality and the delicate nature of life . . . a spider who catches (and loses) a full-grown woman in its web one fine morning teaches us about surviving catastrophe . . . the love story of Jean-Francois Pilatre and his hot air balloon reminds us to be brave and unafraid to “fly” . . . life lessons hidden in the laundry pile . . . magical qualities found in a box of crayons . . . hide-and-seek vs. sardines–and how these games relate to the nature of God. All I Really Need to Know I Learned in Kindergarten is brimming with the very stuff of life and the significance found in the smallest details. In the years that have passed since the first publication of this book that touched so many with its simple, profound wisdom, Robert Fulghum has had some time to ponder, to reevaluate, and to reconsider. And here are those fresh thoughts on classic topics, right alongside the wonderful new essays. Perhaps in today’s chaotic, more challenging world, these essays on life will resonate even deeper–as readers discover how universal insights can be found in ordinary events. (shrink)