There is still very little constitutional control over the decision to use armed force, and very limited domestic implementation of the international principles of jus ad bellum, notwithstanding the increasing overlap between international and domestic legal systems and the spread of constitutional democracy. The relationship between constitutional and international law constraints on the use of armed force has a long history. Aspects of constitutional theory, liberal theories of international law, and transnational process theory of international law compliance, suggest that constitutional (...) design could legitimately be used as a pre-commitment device to lock-in jus ad bellum principles, and thereby enhance compliance with that regime of international law. This paper examines the case of Japan's Constitution to determine the extent to which its war-renouncing provisions incorporated, and are consistent with, international law principles on the use of armed force, and whether the provisions operated to effectively constrain government policy. It concludes that the drafters of the Constitution did incorporate international law principles from jus ad bellum in Art. 9(1), though they also grafted on sui generis prohibitions and rules from jus in bello in Art. 9(2) as well, which complicates the story. The provision was embraced in the ratification process, and became the source of powerful constitutive norms that have helped shape Japan's sense of identity. The paper examines the interpretation of Art. 9, as informed by international law, and concludes that despite deep conflicts over competing narratives and understandings of the provision, the long-standing government interpretation of the provision is consistent with Japan's obligations under the jus ad bellum regime. In looking at the operation of Art. 9, the paper finds that despite the early use of Art. 9 by governments as a pretext behind which it could pursue desired policy objectives, the provision did operate to effectively constrain government policy in times of apparent crisis. During the Gulf War in particular, Art. 9 effectively bound a straining government to the mast, preventing Japan's participation in the war. It did so not only in its operation as a legal norm, effectively enforced by the Cabinet Legislation Bureau, but also as a powerful constitutive and social norm. As such, the experience of Japan with Art. 9 provides support for the argument that it is feasible to incorporate principles of jus ad bellum into national constitutions, so as to effectively constrain government policy with respect to engaging in armed conflict. Broader arguments as to why that might be desirable, or whether it has served Japan well or ill, are left for another day. (shrink)
Jannie Pretorius and Michael Von Maltitz have identified some of the most pressing problems in South African education.1 They have argued that the education system is still suffering from the fragmented effects of apartheid and that the postapartheid government is struggling to set schools in motion to provide learners with authentic perspectives on the realities of their existence in a postapartheid South Africa. Naledi Pandor, the country's previous minister of education, painted a rather somber picture of the situation in the (...) Eastern Cape, one of South Africa's nine provinces:In a context in which there is ineffective system response on core obligations, it is very important to isolate those attributes that are .. (shrink)
In today's business world, ethics is not simply a peripheral concern of executive boards or a set of supposed constraints on free enterprise. Ethics stands at the very core of our working lives and of society as a whole, defining the public image of the business community and the ways in which individual companies and people behave. What people do at work--and how they think about work--determines their attitudes and aspirations, affecting and even structuring their personal lives and habits. Working (...) from this premise, Honest Work: A Business Ethics Reader provides a practical overview of business ethics that concentrates on the ethical problems and dilemmas students are most likely to face in their prospective work environments. Classic and recent articles and cases cover a broad spectrum of issues and concerns--from private ethical dilemmas to larger considerations of corporate values--and propose guidelines for thinking about the business world in a moral context. Each reading and case is followed by lively questions for discussion. Offering a welcome alternative to the impersonal tone of most business ethics texts, the editors address students in an appealing and conversational manner. They provide engaging chapter introductions that include personal narratives and also present the ideas of great philosophers in a unique way--as emails. Ideal for introductory undergraduate and MBA courses in business ethics, Honest Work: A Business Ethics Reader can be read as a coherent narrative but also offers instructors great flexibility, as its various chapters, readings, and cases can be pursued in almost any order. A Companion Website featuring chapter objectives and summaries, study questions, self-tests, and off-site links of interest will soon be available. An Instructor's Manual with Test Bank is available to adopters. (shrink)
Machine generated contents note: Preface (Paul Standish).Introduction: Reading R. S. Peters on Education Today (Stefaan E. Cuypers and Christopher Martin).Part I: The Conceptual Analysis of Education and Teaching.1. Was Peters Nearly Right About Education? (Robin Barrow).2. Learning Our Concepts (Megan Laverty).3. On Education and Initiation (Michael Luntley).4. Ritual, Imitation and Education in R. S. Peters (Bryan Warnick).5. Transformation and Education: the Voice of the Learner in Peters' Concept of Teaching (Andrea English).Part II: The Justification of Educational Aims and the Curriculum.6. (...) R. S. Peters' Normative Conception of Education and Educational Aims (Michael Katz).7. On the Worthwhileness of Theoretical Activities (Michael Hand).8. Why General Education? Peters, Hirst and History (John White).9. The Good, the Worthwhile and the Obligatory: Practical Reason and Moral Universalism in R. S. Peters' Conception of Education (Christopher Martin).10. Overcoming Social Pathologies in Education: On the Concept of Respect in R. S. Peters and Axel Honneth (Krassimir Stojanov).Part III: Aspects of Ethical Development and Moral Education.11. Reason and Virtues: The Paradox of R. S. Peters on Moral Education (Graham Haydon).12. Autonomy in R. S. Peters' Educational Theory (Stefaan E. Cuypers).Part IV: Peters in Context.13. Richard Peters and Valuing Authenticity (Mike Degenhardt).14. Vision and Elusiveness in Philosophy of Education: R. S. Peters on the Legacy of Michael Oakeshott (Kevin Williams).Index. (shrink)
This article examines the possibility of a Kantian justification of the intrinsic moral worth of education. The author critiques a recent attempt to secure such justification via Kant's notion of the Kingdom of Ends. He gives four reasons why such an account would deny any intrinsic moral worth to education. He concludes with a tentative justification of his own and a call for a more comprehensive engagement between Kant's moral theory and the philosophy of education for purposes of understanding what (...) constitutes the moral core of education. (shrink)
Universities are under increasing pressure to demonstrate the economic and social relevance of the research they produce. In the UK, for example, recent developments in the UK under the Research Excellence Framework (REF) suggest that future funding schemes will grant “significant additional recognition…where researchers build on excellent research to deliver demonstrable benefits to the economy, society, public policy, culture and quality of life” (HEFCE 2009 ). Having conceded that this and similar developments are likely to continue into the future, this (...) paper explores the problematic ethical terrain facing philosophers of education under increasing pressure to produce work that has unambiguous, demonstrable practical value on terms offered by various funding regimes. A preliminary ethics of relevance is developed through an examination of the debate between John Rawls and Jurgen Habermas on the relationship between philosophy, public policy and public reason. The paper then articulates and defends a principle of legitimate relevance . This principle is then applied to the case of directing disciplinary competence in philosophy of education for the educational policy process as a means to producing social and economic benefits. (shrink)
An examination the development of Peter Abaelard's views on translation and figurative meaning. Mediaeval philosophers curiously do not connect the theory of translation implied by Aristotelian semantics with the multiplicity of tongues consequent upon the fall of Babel and do not seem to have much to offer to help in solving the problems of scriptural interpretation noted by Augustine. Indeed, on the Aristotelian account of meaning such problems do not arise. This paper shows that Abaelard is like others in this (...) respect in not in general finding translation problematic. Two particular cases, oppositio in adiecto and accidental predication, however, present problems for him and the paper examines and tries to explain the differences between the account given in the Dialectica and that given in the Logica `Ingredientibus'. (shrink)
A study of the reception of Aristotle's Prior Analytics in the first half of the twelfth century. It is shown that Peter Abaelard was perhaps acquainted with as much as the first seven chapters of Book I of the Prior Analytics but with no more. The appearance at the beginning of the twelfth century of a short list of dialectical loci which has puzzled earlier commentators is explained by noting that this list formalises the classification of extensional relations between general (...) terms and that this classification had already be put forward by Boethius in his de Syllogismo Categorico and Introductio ad Syllogismos Categoricas . It is pointed out the kind of text referred to as an ` Introductio ' at the beginning of the twelfth-century follows very closely the structure of Boethius own Introductio and adds to it material drawn from his accounts of loci and the conditional propositions. It is argued that the reception of the Prior Analytics has to be understood against the background of this well developed tradition of treating together syllogisms, loci , and conditional propostions. Referring to a challenge to the formal validity of Darapti in the Ars Meliduna the paper concludes by illustrating that the theory of the syllogism presented in Prior Analytics was still controversial in the middle of the twelfth-century. (shrink)
The Divide between the prominence of final causes in Aristotelian natural philosophy and the rejection or severe limitation of final causation as an acceptable explanation of the natural world by figures such as Bacon, Descartes, and Spinoza during the seventeenth century has been considered a distinguishing mark between pre-modern and modern science.1 Admittedly, proponents of the mechanical and corpuscular philosophies of the seventeenth century were not necessarily stark opponents of teleology. Pierre Gassendi and Robert Boyle endorsed teleology, Leibniz embraced entelechies, (...) and they creep into Descartes's natural philosophy, despite his adamant attempts to eliminate them.2 Nonetheless, critiques of ends in .. (shrink)
A subcategory of medical tourism, reproductive tourism has been the subject of much public and policy debate in recent years. Specific concerns include: the exploitation of individuals and communities, access to needed health care services, fair allocation of limited resources, and the quality and safety of services provided by private clinics. To date, the focus of attention has been on the thriving medical and reproductive tourism sectors in Asia and Eastern Europe; there has been much less consideration given to more (...) recent ‘players’ in Latin America, notably fertility clinics in Chile, Brazil, Mexico and Argentina. In this paper, we examine the context-specific ethical and policy implications of private Argentinean fertility clinics that market reproductive services via the internet. Whether or not one agrees that reproductive services should be made available as consumer goods, the fact is that they are provided as such by private clinics around the world. We argue that basic national regulatory mechanisms are required in countries such as Argentina that are marketing fertility services to local and international publics. Specifically, regular oversight of all fertility clinics is essential to ensure that consumer information is accurate and that marketed services are safe and effective. It is in the best interests of consumers, health professionals and policy makers that the reproductive tourism industry adopts safe and responsible medical practices. (shrink)
We are never illness or disease, but, rather, always their sum in the world of day-to-day experience. Disease and illness are not closed systems, but mutually constitutive and continuously interacting worlds. In the patient’s case it is always experience as well. Pain, sickness and death help make that particular experienced identity unavoidable, and at some level ultimately inaccessible to medicine’s changing understanding of disease and tools for managing it. Health—rather than cost containment, specific conditions, or technologies—should be the central focus (...) for health care and health-care reform. A compelling reason to focus on health comes from the observation that the prevalence of disease over the .. (shrink)
What are the most fundamental features of the world? Do minds stand outside the natural order? Is a unified picture of mental and physical reality possible? The Mind in Nature provides a staunchly realist account of the world as a unified system incorporating both the mental and the physical. C. B. Martin, an original and influential exponent of 'ontologically serious' metaphysics, echoes Locke's dictum that 'all things that exist are only particulars', and argues that properties are powerful qualities. He also (...) spells out the implications of this view for philosophical conceptions of causation, intentionality, consciousness, and the mind-body problem. -/- Martin emphasizes the importance of non-conscious 'vegetative' systems, which provide clear examples of intentionality in the form of representational use. The slide from representational use to consciousness involves a change in the material of use, but not the form of representation. A concluding chapter provides an argument for the view that an ontology of particular substances and properties leads ineluctably to monism: the bus we board with Locke takes us directly to the world of Spinoza and Einstein. Along the way, we are led to understand the nature of minds and conscious states of mind in a way that avoids both reductionism (the idea that mental is reducible to the non-mental) and dualism (the idea that mental substances or properties differ dramatically from physical substances and properties). (shrink)
Spinoza’s philosophy of mind is thought to lack a serious account of consciousness. In this essay I argue that Spinoza’s doctrine of ideas of ideas has been wrongly construed, and that once righted it provides the foundation for an account. I then draw out the finer details of Spinoza’s account of consciousness, doing my best to defend its plausibility along the way. My view is in response to a proposal byEdwin Curley and the serious objection leveled against it by Margaret (...) Wilson and Jonathan Bennett. (shrink)
Boethius' treatise De Hypotheticis Syllogismis provided twelfth-century philosophers with an introduction to the logic of conditional and disjunctive sentences but this work is the only part of the logica vetus which is no longer studied in the twelfth century. In this paper I investigate why interest in Boethius acount of hypothetical syllogisms fell off so quickly. I argue that Boethius' account of compound sentences is not an account of propositions and once a proper notion of propositionality is available the argument (...) forms accepted by Boethius are seen to be incoherent. It was Peter Abaelard who first understood the nature of propositionality and propositional connectives and used this to criticise Boethius' claims in De Hypothetics Syllogismis. In place Boethius' confusion Abaelard offered a simple and correct account of the hypothetical syllogism. (shrink)
The development of a compositional model shows the incoherence of such notions as levels of being and both bottom-up and top-down causality. The mathematization of nature through the partial considerations of physics qua quantities is seen to lead to Pythagoreanism, if what is not included in the partial consideration is denied. An ontology of only probabilities, if not Pythagoreanism, is equivalent to a world of primitive dispositionalities. Problems are found with each. There is a need for properties as well as (...) quantities and these properties must be qualitative as well as dispositional. So there is a need for physical qualia (qualities) for the depiction of the intrinsic character of the finest interstices of nature. (shrink)
This paper describes the major components of ImpactCS, a program to develop strategies and curriculum materials for integrating social and ethical considerations into the computer science curriculum. It presents, in particular, the content recommendations of a subcommittee of ImpactCS; and it illustrates the interdisciplinary nature of the field, drawing upon concepts from computer science, sociology, philosophy, psychology, history and economics.
Members of the legal, medical and accounting professions are guided in their professional behavior by their respective codes of ethics. These codes of ethics are not static. They are ever evolving, responding to forces that are exogenous and endogenous to the professions. Specifically, changes in the ethical codes are often due to economic and social events, governmental influence, and growth and change within the professions. This paper presents an historical analysis of the major events leading to changes in the legal, (...) medical and accounting codes of ethics. (shrink)
C. B. Martin (1959). "Seeing" God. In William L. Rowe & William J. Wainwright (eds.), Philosophy of Religion: Selected Readings. Harcourt Brace Jovanovich Publishers.
