ABSTRACT:Legal scholars and business ethicists are interested in many of the same core issues regarding human and firm behavior. The vast amount of legal research being generated by nearly 10,000 law school and business law scholars will inevitably influence business ethics research. This paper describes some of the recent trends in legal scholarship and explores its implications for three significant aspects of business ethics research—methodology, theory, and policy.

John Hasnas’s fine article, “Up from Flatland: Business Ethics in the Age of Divergence,” fails in its stated goal of challenging the mainstream business ethics community’s methods of analyzing normative issues. However, it achieves what is likely Hasnas’s true goal of alerting both business ethicists and managers of the bigger stakes now in play when the federal government indicts employees and seeks their employers’ cooperation in establishing the prosecutor’s case. While prosecutorial overreaching is a legitimate concern that deserves to (...) be highlighted, it requires no qualitative change in normative ethical analysis. That analysis now involves different inputs (greater stakes for firms and employees), but continues to involve a familiar but complicated weighing of shareholder interests against employee interests and, sometimes, a weighing of both against the requirements of the law. (shrink)

A reprint of the Prentice-Hall edition of 1992. Prepared by nine distinguished philosophers and historians of science, this thoughtful reader represents a cooperative effort to provide an introduction to the philosophy of science focused on cultivating an understanding of both the workings of science and its historical and social context. Selections range from discussions of topics in general methodology to a sampling of foundational problems in various physical, biological, behavioral, and social sciences. Each chapter contains a list of suggested (...) readings and study questions. (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.

Reissued here in its corrected second edition of 1864, this essay by John Stuart Mill argues for a utilitarian theory of morality. Originally printed as a series of three articles in Fraser's Magazine in 1861, the work sought to refine the 'greatest happiness' principle that had been championed by Jeremy Bentham, defending it from common criticisms, and offering a justification of its validity. Following Bentham, Mill holds that actions can be judged as right or wrong depending on whether they (...) promote happiness or 'the reverse of happiness'. Although attracted by Bentham's consequentialist framework based on empirical evidence rather than intuition, Mill separates happiness into 'higher' and 'lower' pleasures, arguing for a weighted system of measurement when making and judging decisions. Dissected and debated since its first appearance, the essay is Mill's key discussion on the topic and remains a fundamental text in the study of ethics. (shrink)

It is well known that, for example, the Continuum Hypothesis can’t be proved or disproved from the standard axioms of set theory or their familiar extensions. Some think it follows that CH has no determinate truth value; others insist that this conclusion is false, not because there is some objective world of sets in which CH is either true or false, but on logical grounds. Claims of indeterminacy have also been made on the basis of such considerations as the existence (...) of non-standard models of arithmetic, with similar rejoinders. We’ll read some representative examples of the various positions and replies. (For background on second-order logic, see Stewart Shapiro. (shrink)

J.L. Mackie insists that ordinary evaluative thought presents itself as a matter of sensitivity to aspects of the world. And this phenomenological thesis seems correct. When one or another variety of philosophical non-cognitivism claims to capture the truth about what the experience of value is like, or (in a familiar surrogate for phenomenology) about what we mean by our evaluative language, the claim is never based on careful attention to the lived character of evaluative thought or discourse. The idea is, (...) rather, that the very concept of the cognitive or factual rules out the possibility of an undiluted representation of how things are, enjoying, nevertheless, the internal relation to 'attitudes' or the will that would be needed to count as evaluative. On this view the phenomenology of value would involve a mere incoherence, if it were as Mackie says--a possibility that then tends (naturally enough) not to be so much as entertained. But, as Mackie sees, there is no satisfactory justification for supposing that the factual is, by definition, attitudinatively and motivationally neutral. This clears away the only obstacle to accepting his phenomenological claim; and the upshot is that non-cognitivism must offer to correct the phenomenology of value, rather than give an account of it. -/- In Machie's view the correction is called for. In this paper I want to suggest that he attributes an unmerited plausibility to this thesis, by giving a false picture of what one is committed to if one resists it. (shrink)

In his preface Mr Wilson writes 'I feel that a great many adults … would do better to spend less time in simply accepting the concepts of others uncritically, and more time in learning how to analyse concepts in general'. Mr Wilson starts by describing the techniques of conceptual analysis. He then gives examples of them in action by composing answers to specific questions and by criticism of quoted passages of argument. Chapter 3 sums up the importance of this kind (...) of mental activity. Chapter 4 presents selections for the reader to analyse, followed by questions of university entrance/scholarship type. This is a book to be worked through, in a sense a text-book. (shrink)

In this philosophically sophisticated and historically significant work, John H. Zammito reconstructs Kant's composition of The Critique of Judgment and reveals that it underwent three major transformations before publication. He shows that Kant not only made his "cognitive" turn, expanding the project from a "Critique of Taste" to a Critique of Judgment but he also made an "ethical" turn. This "ethical" turn was provoked by controversies in German philosophical and religious culture, in particular the writings of Johann Herder and (...) the Sturm und Drang movement in art and science, as well as the related pantheism controversy. Such topicality made the Third Critique pivotal in creating a "Kantian" movement in the 1790s, leading directly to German Idealism and Romanticism. The austerity and grandeur of Kant's philosophical writings sometimes make it hard to recognize them as the products of a historical individual situated in the particular constellation of his time and society. Here Kant emerges as a concrete historical figure struggling to preserve the achievements of cosmopolitan Aufkl-rung against challenges in natural science, religion, and politics in the late 1780s. More specifically Zammito suggests that Kant's Third Critique was animated throughout by a fierce personal rivalry with Herder and by a strong commitment to traditional Christian ideas of God and human moral freedom. "A work of extraordinary erudition. Zammito's study is both comprehensive and novel, connecting Kant's work with the aesthetic and religious controversies of the late eighteenth century. He seems to have read everything. I know of no comparable historical study of Kant's Third Critique."-Arnulf Zweig, translator and editor of Kant's ;IPhilosophical Correspondence, 1759-1799;X "An intricate, subtle, and exciting explanation of how Kant's thinking developed and adjusted to new challenges over the decade from the first edition of the Critique of Pure Reason to the appearance of the Critique of Judgment. "--John W. Burbidge, Review of Metaphysics "There has been for a long time a serious gap in English commentary on Kant's Critique of Judgment Zammito's book finally fills it. All students and scholars of Kant will want to consult it."--Frederick Beiser, Times Literary Supplement. (shrink)

In practice, scoring rules elicit good probability estimates from individuals, while betting markets elicit good consensus estimates from groups. Market scoring rules combine these features, eliciting estimates from individuals or groups, with groups costing no more than individuals. Regarding a bet on one event given another event, only logarithmic versions preserve the probability of the given event. Logarithmic versions also preserve the conditional probabilities of other events, and so preserve conditional independence relations. Given logarithmic rules that elicit relative probabilities of (...) base event pairs, it costs no more to elicit estimates on all combinations of these base events. (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.

Knowledge and Lotteries is organized around an epistemological puzzle: in many cases, we seem consistently inclined to deny that we know a certain class of propositions, while crediting ourselves with knowledge of propositions that imply them. In its starkest form, the puzzle is this: we do not think we know that a given lottery ticket will be a loser, yet we normally count ourselves as knowing all sorts of ordinary things that entail that its holder will not suddenly acquire a (...) large fortune. After providing a number of specific and general characterizations of the puzzle, Hawthorne carefully examines the competing merits of candidate solutions. In so doing, he explores a number of central questions concerning the nature and importance of knowledge, including the relationship of knowledge to assertion and practical reasoning, the status of epistemic closure principles, the merits of various brands of scepticism, the prospects for a contextualist account of knowledge, and the potential for other sorts of salience-sensitive accounts. Along the way, he offers a careful treatment of pertinent issues at the foundations of semantics. His book will be of interest to anyone working in the field of epistemology, as well as to philosophers of language. (shrink)

"The Foundations is for the general reader who possesses 'common rational knowledge of morality' but lacks a philosophical theory of it."--Translator's introduction.

Foreword I. Critical rationalism is a genuinely new philosophical perspective. It is not, however, one systematic view. The development of it by Popper and ...

What does reality encompass? Is it exclusively physical, or does it include mental and 'abstract' aspects? What are the elements of being, reality's raw materials? John Heil offers stimulating answers to these questions framed in terms of a comprehensive metaphysics of substances and properties inspired by Descartes, Locke, and their successors.

Everyone loves something or somebody, and most people are concerned with loving another person like themselves, all equal. This book is based on the belief that getting clear about the concept and meaning of love between equals is essential for success in our practical lives. For how can we love properly unless we have a fairly clear idea of what love is? The book is written in ordinary language and for the ordinary person, without jargon or philosophical technicalities. It aims (...) to show that love between equals involves a single basic disposition, though that disposition expresses itself in various ways. Thus, after an introduction explaining the need for analysis and clarification, the author then deals in order with love as desire or need; with intrinsic friendship and sharing the self; with basic difficulties concerning power, dependence, altruism and paranoia; with sex and erotic love; and finally with the value in human life of love between equals. The work as a whole gives clear, coherent and practical guidance for all who wish to grasp what such love is really like. (shrink)

I argue that incomprehensibility (what the ancient skeptics called acatalepsia) plays a central role in the skepticism of both Bayle and Hume. I challenge a commonly held view (recently argued by Todd Ryan) that Hume, unlike Bayle, does not present oppositions of reason--what Kant called antimonies.

We present several new studies focusing on “salience effects”—the decreased tendency to attribute knowledge to someone when an unrealized possibility of error has been made salient in a given conversational context. These studies suggest a complicated picture of epistemic universalism: there may be structural universals, universal epistemic parameters that influence epistemic intuitions, but that these parameters vary in such a way that epistemic intuitions, in either their strength or propositional content, can display patterns of genuine cross-cultural diversity.

When healthcare professionals feel constrained from acting in a patient’s best interests, moral distress ensues. The resulting negative sequelae of burnout, poor retention rates, and ultimately poor patient care are well recognized across healthcare providers. Yet an appreciation of how particular disciplines, including physicians, come to be “constrained” in their actions is still lacking. This paper will examine how the application of shared decision-making may contribute to the experience of moral distress for physicians and why such distress may go under-recognized. (...) Appreciation of these dynamics may assist in cross-discipline sensitivity, enabling more constructive dialogue and collaboration. (shrink)