The modern orthodoxy is that compensatory and gain-based damages are ‘alternative remedies’ for civil wrongdoing. As such, a claimant can only have judgment for one or other, and must elect which it is to be. This article prepares the ground for a re-examination of that rule by exploring its origins in patent cases, where the election requirement was firmly established in the 1870s by the House of Lords in Neilson v Betts and De Vitre v Betts. Closer examination of early (...) practice offers two important insights. The first is that the explanation given for the election requirement in Neilson v Betts, the ‘condonement theory’, was novel, and not orthodox. Pre-Neilson v Betts, courts had generally refused to allow a claimant to have both compensatory damages (as ‘damages’) and gain-based damages (as an ‘account of profits’). Nevertheless, that practice had more contingent, practical foundations than the Neilson v Betts orthodoxy suggests. It is best viewed as a practical response, in the prevailing institutional context, to the risk of excessive remedial cumulations. The second insight is that the relationship between the remedies is fundamentally determined by two factors: the prevailing conceptions of the remedies' nature and basis, and the procedural and institutional context within which the remedies are claimed and awarded. (shrink)

The seventh edition of this pragmatic guide to determining right and wrong in the workplace is updated with new case studies and ancillary materials to combine stakeholder perspectives with a deep dive on workplace ethics issues. Using a unique stakeholder-based approach, this book takes business ethics out of the theory realm and provides practical ways to analyze any business decision. Including dozens of cases, Joseph Weiss looks beyond the impacts of ethical lapses on share price and profit to focus (...) on relationships between stakeholders, including individuals, groups, corporations, and governments. The new seventh edition includes seven new cases and ten new Point/Counterpoint exercises, which challenge students to argue both sides of a contemporary issue. It incorporates the latest research as well as updated cases dealing with recent scandals at organizations such as Boeing, Facebook, and Uber. Professors will have access to online support, including teaching notes, PowerPoint slides, and sample tests. The book is equipped with a step-by-step guide to implementing stakeholder analysis, tips to help students apply ethical principles in their personal and professional lives, and comprehensive coverage of employee workplace issues. Addressing relevant topics such as risk management, preferential hiring, and sexual harassment in conjunction with the digital divide, bribery, the environment, and more, Business Ethics, seventh edition explores ethical implications in today's increasingly interconnected global business environment. (shrink)

This book critically assesses arguments for the existence of the God of classical theism, develops an innovative account of objects’ persistence, and defends new arguments against classical theism. The authors engage the following classical theistic proofs: Aquinas’s First Way, Aquinas’s De Ente argument, and Feser’s Aristotelian, Neo-Platonic, Augustinian, Thomistic, and Rationalist proofs. The authors also provide the first systematic treatment of the ‘existential inertia thesis’. By connecting the thesis to relativity theory and recent developments in the philosophy of physics, and (...) by developing a variety of novel existential-inertia-friendly explanations of persistence, they mount a formidable new case against classical theistic proofs. Finally, they defend new arguments against classical theism based on abstract objects and changing divine knowledge. The text appeals to students, researchers, and others interested in classical theistic proofs, the existence and nature of God, and the ultimate explanations of persistence, change, and contingency. (shrink)

While engaging in rich discussion, Conspiracy Theories analyzes current arguments and evidence while providing real-world examples so students can contextualize and visualize the debates. Each chapter addresses important current questions, provides conceptual tools, defines important terms, and introduces the appropriate methods of analysis.

The term 'implicit bias' has very swiftly been incorporated into philosophical discourse. Our aim in this paper is to scrutinise the phenomena that fall under the rubric of implicit bias. The term is often used in a rather broad sense, to capture a range of implicit social cognitions, and this is useful for some purposes. However, we here articulate some of the important differences between phenomena identified as instances of implicit bias. We caution against ignoring these differences: it is likely (...) they have considerable significance, not least for the sorts of normative recommendations being made concerning how to mitigate the bad effects of implicit bias. (shrink)

This text provides an extensive exploration of the relationship between the thought of Otto Neurath and Rudolf Carnap, providing a new argument for the complementarity of their mature philosophies as part of a collaborative metatheory of science. In arguing that both Neurath and Carnap must be interpreted as proponents of epistemological naturalism, and that their naturalisms rest on shared philosophical ground, it is also demonstrated that the boundaries and possibilities for epistemological naturalism are not as restrictive as Quinean orthodoxy has (...) previously suggested. Both building on and challenging the scholarship of the past four decades, this naturalist reading of Carnap also provides a new interpretation of Carnap’s conception of analyticity, allowing for a refutation of the Quinean argument for the incompatibility of naturalism and the analytic/synthetic distinction. In doing so, the relevance and potential importance of their scientific meta-theory for contemporary questions in the philosophy of science is demonstrated. This text appeals to students and researchers working on Logical Empiricism, Quine, the history of analytic philosophy and the history of philosophy of science, as well as proponents of naturalized epistemology. (shrink)

The book combines philosophical exposition and legal analysis, and pays special attention to issues of tort law.

In our papers on the rationality of magic, we distinghuished, for purposes of analysis, three levels of rationality. First and lowest (rationalitYl) the goal directed action of an agent with given aims and circumstances, where among his circumstances we included his knowledge and opinions. On this level the magician's treatment of illness by incantation is as rational as any traditional doctor's blood-letting or any modern one's use of anti-biotics. At the second level (rationalitY2) we add the element of rational thinking (...) or thinking which obeys some set of explicit rules, a level which is not found in magic in general, though it is sometimes given to specific details of magical thinking within the magical thought-system. It was the late Sir Edward E. Evans-Pritchard who observed that when considering magic in detail the magician may be as consistent or critical as anyone else; but when considering magic in general, or any system of thought in general, the magician could not be critical or even comprehend the criticism. Evans-Pritchard went even further: he was sceptical as to whether it could be done in a truly consistent manner: one cannot be critical of one's own system, he thought. On this level (rationalitY2) of discussion we have explained (earlier) why we prefer to wed Evans Pritchard's view of the magician's capacity for piece-meal rationality to Sir James Frazer's view that magic in general is pseudo-rational because it lacks standards of rational thinking. (shrink)

The aim of this article is to fill a certain gap in the assessment of relativism by drawing on Joseph Ratzinger’s (1927–2022) criticism of the normative transformation since Kant. During the Enlightenment, Natural Law was doubted as a cultural feature of Christianity that had no bearing on pluralist society. Consequently, this jurisprudential tradition underwent de-Hellenization and branched out in radical directions, the most decisive of which was Kant’s post-metaphysical system of natural values. Positivism and German Idealism attempted to restore (...) the unity of philosophy that Kant’s philosophy had disrupted. Yet even more influentially, in the nineteenth and twentieth centuries it was Marxism that relativized the doxological aspect of normativity by emphasizing the importance of praxis. Since philosophy became neither an exact science as Kant had conceived it to be, nor a practical programme for social justice as Marxism had promised, the Existentialists, and particularly Sartre, advocated a more radical philosophy of freedom. Ratzinger argues that despite the nuances of post-Kantian philosophy, Positivism, Existentialism, and Marxism failed to comprehend the human condition and that the positivist method resulted in an overwhelming relativism that has reduced normativity to a matter of correct procedures rather than regarding it as the foundation of the inviolable dignity of the human being. (shrink)

According to agent-based approaches to virtue ethics, the rightness of an action is a function of the motives which prompted that action. If those motives were morally praiseworthy, then the action was right; if they were morally blameworthy, the action was wrong. Many critics find this approach problematically insensitive to an act’s consequences, and claim that agent-basing fails to preserve the intuitive distinction between agent- and act-evaluation. In this article I show how an agent-based account of right action can be (...) made sensitive to an act’s consequences. According to the approach which I defend, an action is right just in case it realizes an agent’s morally praiseworthy motive. Conversely, an action is wrong just in case it realizes a morally blameworthy motive. Specifying act-evaluation in terms of the realization, rather than the expression, of an agent’s motives allows an agent-based approach to distinguish between agent- and act-evaluation. This is because an agent may act from a morally praiseworthy motive, but fail to realize that motive. Her action will therefore not have been the right one, despite its being the expression of morally praiseworthy motives. (shrink)

This anthology of essays on the work of David Kaplan, a leading contemporary philosopher of language, sprang from a conference, "Themes from Kaplan," organized by the Center for the Study of Language and Information at Stanford University.

There is an idea, extremely common among social contract theorists, that the primary function of social institutions is to secure some form of cooperative benefit. If individuals simply seek to satisfy their own preferences in a narrowly instrumental fashion, they will find themselves embroiled in collective action problems – interactions with an outcome that is worse for everyone involved than some other possible outcome. Thus they have reason to accept some form of constraint over their conduct, in order to achieve (...) this superior, but out-of-equilibrium outcome. A social institution can be defined as a set of norms that codify these constraints.1 Simplifying somewhat, one can then say that social institutions exist in order to secure gains in Pareto-efficiency. (shrink)

Sartre’s Critique of Dialectical Reason ranks with Being and Nothingness as a work of major philosophical significance, but it has been largely neglected. The first volume, published in 1960, was dismissed as a Marxist work at a time when structuralism was coming into vogue; the incomplete second volume has only recently been published in France. In this commentary on the first volume, Joseph S. Catalano restores the Critique to its deserved place among Sartre’s works and within philosophical discourse as (...) a whole. Sartre attempts one of the most needed tasks of our times, Catalano asserts—the delivery of history into the hands of the average person. Sartre’s concern in the Critique is with the historical significance of everyday life. Can we, he asks, as individuals or even collectively, direct the course of our history? A historical context for our lives is given to us at birth, but we sustain that context with even our most mundane actions—buying a newspaper, waiting in line, eating a meal. In looking at history, Sartre argues, reason can never separate the historical situation of the investigator from the investigation. Thus reason falls into a dialectic, always depending upon the past for guidance but always being reshaped by the present. Clearly showing the influence of Marx on Sartre’s thought, the Critique adds the historical dimension lacking in Being and Nothingness. In placing the Critique within the corpus of Sartre’s philosophical writings, Catalano argues that it represents a development rather than a break from Sartre’s existentialist phase. Catalano has organized his commentary to follow the Critique and has supplied clear examples and concrete expositions of the most difficult ideas. He explicates the dialogue between Marx and Sartre that is internal to the text, and he also discusses Sartre’s Search for Method, which is published separately from the Critique in English editions. (shrink)

It does not derive its authority, as many authors have supposed, from some logically prior discipline, whether physics, economics, or philosophy, these ultimately depend on law itself, in its fundamental expression of human intellect and purpose. Law, he holds, is inseparably connected to everything in the world that goes to make up personal identity and meaning.

Although sports and athletics provide a nearly universal social context for the learning of such cherished values as courage, honesty, discipline, communal efforts, and the pursuit of excellence, little attention has been devoted to the philosophy of this important element in human life. In a fascinating survey of the philosophic dimensions of sports and athletics, the author delves into a variety of topics, including game and play theory, play-forms and game principles in history, existentialism and sports, the popularity of sports, (...) its educational values, the function of ethics and moral values, and the role of competition, violence and aggression, self discovery, spirituality, and joy. He also considers recurrent problems such as corruption, the excessive emphasis on winning, and the exploitation of student athletes and suggests specific ways of preserving perspective and integrity. -- From publisher's description. (shrink)

The tension between beauty and technology is evinced in the modern distinction within technē itself between technology and “fine art.” Yet while beauty,as Kant observes, is never a means to an end, neither is it an “end in itself.” Beauty points beyond itself while refusing subordination to human interests. Both its noninstrumentality and its self-transcending character I trace to the intrinsic necessity of the beautiful, which is essentially impersonal while paradoxically being an object of love. I suggest that we conceive (...) of beauty as an “anonymous voice,” and I relate the latter to Heidegger’s critique of modern technology as a projection upon nature of “resource being.” I conclude that technology can be creative rather than destructive of beauty when it lets natural ends, which are inescapably in conflict with one another, transcend themselves through self-sacrifice. (shrink)

Caregiving relationships are often characterized by an imbalance of power between the caregiver and her cared-for. The danger that this power will be abused is a source of serious moral concern. In this article, I argue that the risk of an abuse of power sometimes stems not from the possession of power itself, but from the very nature of caring relationships. This is because carers must be prepared to exercise non-minimal amounts of power over their cared-fors, even if doing so (...) is likely to cause the cared-for distress or even pain. This means that caring itself, rather than the malign influence of power dynamics, generates a risk of unintentional abuse. One of the ways in which this risk can be reduced, I argue, is by trying to avoid an exclusive focus on the outcomes of care, and by paying more attention to the way in which that care is delivered. (shrink)

Back to the Rough Ground is a philosophical investigation of practical knowledge, with major import for professional practice and the ethical life in modern society. Its purpose is to clarify the kind of knowledge that informs good practice in a range of disciplines such as education, psychotherapy, medicine, management, and law. Through reflection on key modern thinkers who have revived cardinal insights of Aristotle, and a sustained engagement with the Philosopher himself, it presents a radical challenge to the scientistic assumptions (...) that have dominated how these professional domains have been conceived, practiced, and institutionalized. (shrink)

Benardete paradoxes involve a beginningless set each member of which satisfies some predicate just in case no earlier member satisfies it. Such paradoxes have been wielded on behalf of arguments for the impossibility of an infinite past. These arguments often deploy patchwork principles in support of their key linking premise. Here I argue that patchwork principles fail to justify this key premise.

[1] Biographie, Philosophie, Praxis -- [2] Het spel van het naamloze / naar een concept van Joseph Kosuth.

The thesis of the present volume is critical and dual. (1) Present day philosophy of man and sciences of man suffer from the Greek mis taken polarization of everything human into nature and convention which is (allegedly) good and evil, which is (allegedly) truth and fal sity, which is (allegedly) rationality and irrationality, to wit, the polar ization of all fields of inquiry, the natural and social sciences, as well as ethics and all technology, whether natural or social, into the (...) totally positive and the totally negative. (2) Almost all philosophy and sci ences of man share the erroneous work ethic which is the myth of man's evil nature - the myth of the beast in man, the doctrine of original sin. To mediate or to compromise between the first view of human nature as good with the second view of it as evil, sociologists have devised a modified utilitarianism with deferred gratification so called, and the theory of the evil of artificial competition (capitalist and socialist alike) and of keeping up with the Joneses. Now, the mediation is not necessary. For, the polarization makes for abstract errors which are simplistic views of rationality, such as reductionism and positivism of all sorts, as well as for concrete errors, such as the disposition to condemn repeatedly those human weaknesses which are inevitable, namely man's inability to be perfectly rational, avoid all error, etc. , thus setting man against himself as all too wicked. (shrink)

This is a new edition of Joseph Fletcher's 1966 work that ignited a firestorm of controversy at the time of its publication.

What does it mean to assert or deny the existence of a legal system? How can one determine whether a given law belongs to a certain legal system? What kind of structure do these systems have, that is--what necessary relations obtain between their laws? The examination of these problems in this volume leads to a new approach to traditional jurisprudential question, though the conclusions are based on a critical appraisal, particularly those of Bentham, Austin, Kelsen, and Hart.

In the economic literature on the firm, especially in the transaction–cost tradition, a sharp distinction is drawn between so-called “market transactions” and “administered transactions.” This distinction is of enormous importance for business ethics, since market transactions are governed by the competitive logic of the market, whereas administered transactions are subject to the cooperative norms that govern collective action in a bureaucracy. The widespread failure to distinguish between these two types of transactions, and thus to distinguish between adversarial and non-adversarial relations, (...) has led many business ethicists to develop a “uniform” moral code. Yet in market transactions, the checks and balances built into the system of commercial exchange are such as to permit more instrumental forms of behavior. In administered transactions, by contrast, these checks and balances are absent, and thus the institutional context calls for much greater exercise of moral restraint. In this paper, I begin the task of developing an adversarial ethic for business. According to this view, the competitive environment licenses a greater range of “self-interested” behavior, but also imposes its own constraints on the strategies that firms may adopt in the pursuit of their interests. (shrink)

One of the most influential ideas in the field of business ethics has been the suggestion that ethical conduct in a business contextshould be analyzed in terms of a set of fiduciary obligations toward various “stakeholder” groups. Moral problems, according to this view, involve reconciling such obligations in cases where stakeholder groups have conflicting interests. The question posed in this paper is whether the stakeholder paradigm represents the most fruitful way of articulating the moral problems that arise in business. By (...) way of contrast, I outline two other possible approaches to business ethics: one, a more minimal conception, anchored in the notion of a fiduciary obligation toward shareholders; and the other, a broader conception, focused on the concept of market failure. I then argue that the latter offers a more satisfactory framework for the articulation of the social responsibilities of business. (shrink)

This chapter takes the form of a discussion between the editors of this volume and Joseph Agassi, regarding the relationship between methodological individualism and institutional individualism. The focus is on Agassi’s interpretation of traditional methodological individualism in terms of psychologism; the role of institutions and structural factors in social explanation; Popper’s theory of World 3; the application of Weber’s interpretative approach—Verstehen—to typical ways of thinking and acting; and the Austrian School of economics.