This essay applies Hegel's theory of remedies to the question of whether and when breach of a penal statute should attract civil liability in tort. For Hegel, the purpose of a remedy is to vindicate the human right to self-determination by refuting the claim to validity implied in intentional or negligent acts that infringe this right. Accordingly, in determining the civil effect of legislation, a distinction must be made between statutes that effectuate pre-existing rights and those which create new rights (...) in the attempt to maximize aggregate welfare. The former should confer a civil right of action, the latter should not. Statutes that impose a duty of affirmative action should be enforced civilly if their purpose is to protect individual autonomy in circumstances where one person has gained control over the welfare of another. And statutes that protect persons from exposure to unreasonable risk should confer a civil right of action provided that the conditions of ordinary negligence liability are met. These conditions ought to supplant those connected with the legislative intent theory of statutory torts. (shrink)
Appropriate enablers are essential for management of intellectual capital. Through the use of structural equation modeling, we investigate whether organic renewal environments, interactive behaviors, and trust are conducive to intellectual capital management processes, as they each depend upon the establishment of a climate emphasizing mutual respect. Owing to a lack of clarity in the literature, we tested the ordering of the variables and found statistical significance for two ordering alternatives. However, the sequence presented in this article provides the best statistical (...) fit: an organic renewal environment provides a foundation for interactive behaviors, which leads to trust, and thus is consistent with the development of intellectual capital management pro- cesses within the organization. (shrink)
The main title of Robert J. Russell's Cosmology from Alpha to Omega: The Creative Mutual Interaction of Theology and Science catches the substance of the essays; the subtitle his methodological vision. The mutualis modest as far as the influence from theology on science goes; in no way is Russell curtailing the pursuit of science. Driven by intellectual honesty, he holds that in the end religious convictions will have to stand the test of compatibility with scientific knowledge. And as a (...) Christian he believes core beliefs of Christianity, reformulated as needed, will be able to stand this test. The essays address the origin and contingency of our universe in relation to belief in creation, and his proposal for noninterventionist objective divine action. For him a stumbling block is natural evil; the evolutionary intelligibility of evil falls short of what would be desirable theologically. As steps toward an adequate eschatology Russell seeks to develop a more complex understanding of temporality, and proposes to understand the resurrection of Jesus as the First Instantiation of a New Law of the New Creation. This area is more in tension with current science, but that could be expected when one moves from creation to redemption. Within his self-imposed boundaries, these essays are well informed and well argued, and together they provide a sincere and sustained research program. (shrink)
In his new book, "The Romantic Conception of Life: Science and Philosophy in the Age of Goethe," Robert J. Richards argues that Charles Darwin's true evolutionary roots lie in the German Romantic biology that flourished around the beginning of the nineteenth century. It is argued that Richards is quite wrong in this claim and that Darwin's roots are in the British society within which he was born, educated, and lived.
This article examines the arguments used by Robert Watts, a contemporary of John Stuart Mill, in his criticism of Mill's Utilitarianism. The pamphlet in which Watts expresses his views is a scarce and neglected work. Pioneering studies by J.C. Rees and J.B. Schneewind emphasize the importance of Mill's early critics for historians of nineteenth-century ethics and politial thought. Rees, however, confines his study to the responses to Mill's On Liberty. Schneewind's work is more comprehensive and does mention Watts, but (...) without examining in detail the actual arguments that Watts uses. Further, while Watts criticizes Mill's ethical views from a theological standpoint the arguments he uses are philosophical in character. Watts should not be thought of as a major philosophical critic of Mill, but his relative neglect leaves a gap in the study of the reception of Mill's thought which this article is intended to fill. (shrink)
Robert J. Lacey has reservations about both the philosophical roots and the institutional legacy of American participatory democracy. In his combination of political philosophy and intellectual history, Lacey explores several ideas that he takes to be central to participatory democracy in America. Although students of pragmatism may be unsatisfied with some of Lacey’s evaluative conclusions, this book looks at a well-worn topic with new eyes, and offers a fresh interpretation of democratic thought in America. The central event around which (...) this book pivots is the 1962 meeting of Students for a Democratic Society, which culminated in the Port Huron Statement. For Lacey, we can understand this moment .. (shrink)
In Hitchcock as Philosopher, Robert Yanal argues that not only can we find illustrations of philosophical ideas in Hitchcock's films, but that Hitchcock does philosophy through his movies. This is a bold claim. It would be ambitious to merely assert that there are elements in Hitchcock's movies that can support rich philosophical interpretations. This sets the bar high and forces the interpreter to prove the point by supplying productive readings of the films. But Yanal accepts an even more ambitious (...) challenge -- to present Hitchcock as a philosopher in his own right, doing philosophy through his films. Unfortunately, Yanal fails to realize his project, but his book is nevertheless valuable, albeit for mostly non-philosophical reasons. (shrink)